Bill Summary – FastDemocracy

LEGISLATIVE GENERAL COUNSEL                                           H.B. 584
Approved for Filing: J. Carlton 6                            1st Sub. (Buff)
         6 02-25-24 10:03 PM 6
                   Representative Matt MacPherson proposes the following substitute bill:
                     ECONOMIC INTERRUPTION AMENDMENTS
                                     2024 GENERAL SESSION
                                         STATE OF UTAH
                                Chief Sponsor: Matt MacPherson
                                 Senate Sponsor: Luz Escamilla
 6
 LONG TITLE
 General Description:
        This bill addresses the economic interruption of a business or governmental entity due
 to property damage or theft.
 Highlighted Provisions:
        This bill:
        < defines terms;
        < creates a crime for property damage resulting in economic interruption of a business
 or governmental entity;
        < creates a sentencing enhancement for property damage resulting in economic
 interruption of a business or governmental entity when the defendant has previous
 convictions of that same offense;
        < creates a crime for theft resulting in economic interruption of a business or
 governmental entity; and                                                                        1st Sub. H.B. 584
        < creates a sentencing enhancement for theft resulting in economic interruption of a
 business or governmental entity when the defendant has previous convictions of that
 same offense.
 Money Appropriated in this Bill:
        None
     *HB0584S01*
        1st Sub. (Buff) H.B. 584                                                     02-25-24 10:03 PM
  Other Special Clauses:
            None
  Utah Code Sections Affected:
  ENACTS:
            76-6-113, Utah Code Annotated 1953
            76-6-414, Utah Code Annotated 1953
32
  Be it enacted by the Legislature of the state of Utah:
            Section 1. Section 76-6-113 is enacted to read:
            76-6-113. Property damage resulting in economic interruption -- Enhanced
  penalties.
            (1) (a) As used in this section:
            (i) "Business" means an enterprise carried on for the purpose of gain or economic
  profit.
            (ii) "Governmental entity" means the state, a county, a municipality, a special district, a
  special service district, a school district, a state institution of higher education, or any other
  political subdivision or administrative unit of the state.
            (iii) "Economic interruption" means any disruption or cessation to the operations of a
  business or governmental entity that results in:
            (A) the business or governmental entity ceasing operations for at least one day; or
            (B) the employees of the business or governmental entity being unable to perform labor
  for the business or governmental entity for at least one day.
            (b) Terms defined in Sections 76-1-101.5 and 76-6-101 apply to this section.
            (2) An actor commits property damage resulting in economic interruption if:
            (a) the actor Öº intentionally, knowingly, recklessly, or negligently »Ö damages,
50a defaces, or destroys a business's or governmental entity's
  property; and
            (b) the actor's actions under Subsection (2)(a) cause an economic interruption for the
  business or governmental entity.
            (3) A violation of Subsection (2) is a class A misdemeanor.
            (4) It is not a defense under this section that Öº [:] »Ö
            Öº [(a) the actor committing the offense did not intend to cause economic interruption tok
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        02-25-24 10:03 PM                                                    1st Sub. (Buff) H.B. 584
 kthe business or governmental entity; or
         (b)] »Ö the actor did not know that the victim is a business or governmental entity.
          (5) If the trier of facts finds that the actor committed a violation of Subsection (2), the
  actor is guilty of:
          (a) a third degree felony if the actor has two prior convictions for a violation of
  Subsection (2) within five years before the day on which the actor committed the most recent
  violation of Subsection (2); and
          (b) a second degree felony if the actor has at least three prior convictions for a violation
  of Subsection (2) within five years before the day on which the actor committed the most
  recent violation of Subsection (2).
          (6) A prior conviction used for a penalty enhancement under Subsection (5) is a
  conviction that is from a separate criminal episode than:
          (a) the most recent violation of Subsection (2); and
          (b) any other prior conviction that is used to enhance the penalty for the most recent
  violation of Subsection (2).
          (7) The prosecuting attorney, or the grand jury if an indictment is returned, shall
  include notice in the information or indictment that the offense is subject to an enhancement
  under Subsection (5).
          Section 2. Section 76-6-414 is enacted to read:
          76-6-414. Theft resulting in economic interruption -- Enhanced penalties.
          (1) (a) As used in this section:
          (i) "Business" means the same as that term is defined in Section 76-6-113.
          (ii) "Governmental entity" means the same as that term is defined in Section 76-6-113.
          (iii) "Economic interruption" means the same as that term is defined in Section
  76-6-113.
          (b) Terms defined in Sections 76-1-101.5 and 76-6-401 apply to this section.
          (2) An actor commits theft resulting in economic interruption if:
          (a) the actor Öº intentionally, knowingly, recklessly, or negligently »Ö obtains or
84a exercises unauthorized control over a business's or
  governmental entity's property with the intent to deprive the business or governmental entity of
  the property; and
          (b) the actor's actions under Subsection (2)(a) cause an economic interruption for the
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        1st Sub. (Buff) H.B. 584                                                   02-25-24 10:03 PM
 business or governmental entity.
         (3) A violation of Subsection (2) is a class A misdemeanor.
         (4) It is not a defense under this section that Öº [:] »Ö
         Öº [(a) the actor committing the offense did not intend for the business or governmental
 entity to incur the cost of the economic interruption; or
         (b)] »Ö the actor did not know that the victim is a business or governmental entity.
         (5) If the trier of facts finds that the actor committed a violation of Subsection (2), the
 actor is guilty of:
         (a) a third degree felony if the actor has two prior convictions for a violation of
 Subsection (2) within five years before the day on which the actor committed the most recent
 violation of Subsection (2); and
         (b) a second degree felony if the actor has at least three prior convictions for a violation
 of Subsection (2) within five years before the day on which the actor committed the most
 recent violation of Subsection (2).
         (6) A prior conviction used for a penalty enhancement under Subsection (5) is a
 conviction that is from a separate criminal episode than:
         (a) the most recent violation of Subsection (2); and
         (b) any other prior conviction that is used to enhance the penalty for the most recent
 violation of Subsection (2).
         (7) The prosecuting attorney, or the grand jury if an indictment is returned, shall
 include notice in the information or indictment that the offense is subject to an enhancement
 under Subsection (5).
         Section 3. Effective date.
         This bill takes effect on May 1, 2024.
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