Enrolled Copy S.B. 124 1 CRIMINAL CODE RECODIFICATION CROSS REFERENCES 2 2022 GENERAL SESSION 3 STATE OF UTAH 4 Chief Sponsor: Karen Mayne 5 House Sponsor: Karianne Lisonbee 6 Cosponsor: 7 Todd D. Weiler 8 9 LONG TITLE 10 General Description: 11 This bill contains the cross-references for S.B. 123, Criminal Code Recodification. 12 Highlighted Provisions: 13 This bill: 14 < contains the cross-references for the Criminal Code Recodification; and 15 < contains sections renumbered and moved from the Criminal Code. 16 Money Appropriated in this Bill: 17 None 18 Other Special Clauses: 19 This bill provides revisor instructions. 20 Utah Code Sections Affected: 21 AMENDS: 22 4-32-116, as renumbered and amended by Laws of Utah 2017, Chapter 345 23 20A-2-101.5, as last amended by Laws of Utah 2013, Chapter 263 24 26-6-27, as last amended by Laws of Utah 2021, Chapter 345 25 26-7-14, as last amended by Laws of Utah 2020, Fifth Special Session, Chapter 4 26 26-10-9, as last amended by Laws of Utah 2021, Chapter 262 27 26A-1-114, as last amended by Laws of Utah 2021, Chapter 437 28 30-3-34.5, as enacted by Laws of Utah 2014, Chapter 239 S.B. 124 Enrolled Copy 29 30-5a-103, as last amended by Laws of Utah 2021, Chapter 262 30 31A-21-501, as last amended by Laws of Utah 2012, Chapters 39 and 303 31 34A-2-110, as last amended by Laws of Utah 2019, Chapter 193 32 53-10-104.5, as enacted by Laws of Utah 2013, Chapter 185 33 53-10-403, as last amended by Laws of Utah 2021, Chapter 213 34 53-13-110.5, as enacted by Laws of Utah 2021, Chapter 230 35 53B-28-304, as enacted by Laws of Utah 2019, Chapter 307 36 53G-11-405, as last amended by Laws of Utah 2019, Chapter 293 37 57-14-102, as last amended by Laws of Utah 2019, Chapter 345 38 58-37-8, as last amended by Laws of Utah 2021, Chapter 236 39 62A-2-120, as last amended by Laws of Utah 2021, Chapters 117, 262, and 400 40 62A-3-301, as last amended by Laws of Utah 2019, Chapter 281 41 62A-4a-105, as last amended by Laws of Utah 2021, Chapters 38 and 262 42 62A-4a-412, as last amended by Laws of Utah 2021, Chapters 29, 231, 262, and 419 43 63G-12-102, as last amended by Laws of Utah 2015, Chapter 258 44 63M-7-502, as last amended by Laws of Utah 2021, Chapter 260 45 63M-7-513, as last amended by Laws of Utah 2021, Chapter 260 46 63N-10-102, as last amended by Laws of Utah 2019, Chapter 349 47 75-2-803, as last amended by Laws of Utah 2006, Chapter 270 48 75-2-807, as enacted by Laws of Utah 2021, Chapter 225 and further amended by 49 Revisor Instructions, Laws of Utah 2021, Chapter 225 50 75-9-105, as last amended by Laws of Utah 2020, Chapter 354 51 77-23a-8, as last amended by Laws of Utah 2019, Chapter 211 52 77-27-7, as last amended by Laws of Utah 2018, Chapter 334 53 77-27-9, as last amended by Laws of Utah 2021, Chapters 18, 21 and last amended by 54 Coordination Clause, Laws of Utah 2021, Chapter 21 55 77-27-10, as last amended by Laws of Utah 2021, Chapter 173 56 77-36-1, as last amended by Laws of Utah 2021, Chapters 134 and 159 -2- Enrolled Copy S.B. 124 57 77-36-2.2, as last amended by Laws of Utah 2013, Chapter 143 58 77-37-3, as last amended by Laws of Utah 2021, Chapters 260, 262 and last amended 59 by Coordination Clause, Laws of Utah 2021, Chapter 262 60 77-37-5, as last amended by Laws of Utah 2021, Chapter 260 61 77-38-3, as last amended by Laws of Utah 2021, Chapter 260 62 77-38-15, as last amended by Laws of Utah 2021, Chapter 260 63 77-40-102, as last amended by Laws of Utah 2021, Chapters 206 and 260 64 77-41-102, as last amended by Laws of Utah 2021, Chapter 2 and further amended by 65 Revisor Instructions, Laws of Utah 2021, First Special Session, Chapter 2 66 77-41-106, as last amended by Laws of Utah 2020, Chapter 108 67 77-43-102, as enacted by Laws of Utah 2017, Chapter 282 68 78A-6-209, as last amended by Laws of Utah 2021, Chapter 261 69 78B-2-308, as last amended by Laws of Utah 2018, Chapter 192 70 78B-6-117, as last amended by Laws of Utah 2021, Chapter 262 71 78B-7-102, as last amended by Laws of Utah 2021, Chapter 262 72 78B-7-502, as last amended by Laws of Utah 2020, Chapters 108 and 142 73 78B-7-801, as last amended by Laws of Utah 2021, Chapter 159 and last amended by 74 Coordination Clause, Laws of Utah 2021, Chapter 159 75 78B-7-903, as enacted by Laws of Utah 2020, Chapter 142 76 78B-9-402, as last amended by Laws of Utah 2021, Chapters 36, 36, 46, and 46 77 80-1-102, as last amended by Laws of Utah 2021, First Special Session, Chapter 2 78 80-6-304, as renumbered and amended by Laws of Utah 2021, Chapter 261 79 80-6-703, as enacted by Laws of Utah 2021, Chapter 261 80 80-6-705, as enacted by Laws of Utah 2021, Chapter 261 81 80-6-712, as enacted by Laws of Utah 2021, Chapter 261 82 80-6-804, as last amended by Laws of Utah 2021, First Special Session, Chapter 2 83 RENUMBERS AND AMENDS: 84 53-10-801, (Renumbered from 76-5-501, as last amended by Laws of Utah 2015, -3- S.B. 124 Enrolled Copy 85 Chapter 39) 86 53-10-802, (Renumbered from 76-5-502, as last amended by Laws of Utah 2021, 87 Chapter 58) 88 53-10-803, (Renumbered from 76-5-503, as last amended by Laws of Utah 2011, 89 Chapter 131) 90 53-10-804, (Renumbered from 76-5-504, as last amended by Laws of Utah 2011, 91 Chapter 177) 92 53-10-901, (Renumbered from 76-5-601, as enacted by Laws of Utah 2017, Chapter 93 249) 94 53-10-902, (Renumbered from 76-5-602, as last amended by Laws of Utah 2018, 95 Chapter 57) 96 53-10-903, (Renumbered from 76-5-603, as last amended by Laws of Utah 2018, 97 Chapter 57) 98 53-10-904, (Renumbered from 76-5-604, as last amended by Laws of Utah 2018, 99 Chapter 57) 100 53-10-905, (Renumbered from 76-5-605, as enacted by Laws of Utah 2017, Chapter 101 249) 102 53-10-906, (Renumbered from 76-5-606, as enacted by Laws of Utah 2017, Chapter 103 249) 104 53-10-907, (Renumbered from 76-5-607, as enacted by Laws of Utah 2017, Chapter 105 249) 106 53-10-908, (Renumbered from 76-5-608, as last amended by Laws of Utah 2020, 107 Chapter 108) 108 53-10-909, (Renumbered from 76-5-609, as enacted by Laws of Utah 2017, Chapter 109 249) 110 53-10-910, (Renumbered from 76-5-610, as enacted by Laws of Utah 2017, Chapter 111 249) 112 -4- Enrolled Copy S.B. 124 113 Be it enacted by the Legislature of the state of Utah: 114 Section 1. Section 4-32-116 is amended to read: 115 4-32-116. Attempt to bribe state officer or employee -- Acceptance of bribe -- 116 Interference with official duties -- Penalties. 117 (1) (a) A person who gives, pays, or offers, directly or indirectly, any money or other 118 thing of value, to any officer or employee of this state who is authorized to perform any duties 119 under this chapter, with the intent to influence the officer or employee in the discharge of the 120 officer's or employee's duty, is guilty of a felony of the third degree, and upon conviction, shall 121 be punished by a fine of not more than $5,000 or imprisonment of not more than five years, or 122 both. 123 (b) An officer or employee of this state authorized to perform duties under this chapter 124 who accepts money, a gift, or other thing of value from any person given with intent to 125 influence the officer's or employee's official action, is guilty of a felony of the third degree and 126 shall, upon conviction, be discharged from office, and fined in an amount of not more than 127 $5,000, or imprisoned for not more than five years, or both. 128 (2) (a) A person who assaults, obstructs, impedes, intimidates, or interferes with any 129 person engaged in the performance of official duties under this chapter, with or without a 130 dangerous or deadly weapon, is guilty of a felony of the third degree and upon conviction shall 131 be punished by a fine of not more than $5,000, or by imprisonment of not more than five years, 132 or both. 133 (b) A person who, in the commission of any violation of Subsection (2) of this section, 134 uses a dangerous weapon as defined in Section [76-1-601] 76-1-101.5, is guilty of a felony of 135 the second degree and upon conviction shall be punished by a fine of not more than $10,000, or 136 by imprisonment for a period of not more than 10 years, or both. 137 (c) A person who kills another person engaged in the performance of official duties 138 under this chapter shall be punished as provided in Section 76-5-202. 139 Section 2. Section 20A-2-101.5 is amended to read: 140 20A-2-101.5. Convicted felons -- Restoration of right to vote and right to hold -5- S.B. 124 Enrolled Copy 141 office. 142 (1) As used in this section, "convicted felon" means a person convicted of a felony in 143 any state or federal court of the United States. 144 (2) Each convicted felon's right to register to vote and to vote in an election is restored 145 when: 146 (a) the felon is sentenced to probation; 147 (b) the felon is granted parole; or 148 (c) the felon has successfully completed the term of incarceration to which the felon 149 was sentenced. 150 (3) Except as provided by Subsection (4), a convicted felon's right to hold elective 151 office is restored when: 152 (a) all of the felon's felony convictions have been expunged; or 153 (b) (i) 10 years have passed since the date of the felon's most recent felony conviction; 154 (ii) the felon has paid all court-ordered restitution and fines; and 155 (iii) for each felony conviction that has not been expunged, the felon has: 156 (A) completed probation in relation to the felony; 157 (B) been granted parole in relation to the felony; or 158 (C) successfully completed the term of incarceration associated with the felony. 159 (4) An individual who has been convicted of a grievous sexual offense, as defined in 160 Section [76-1-601] 76-1-101.5, against a child, may not hold the office of State Board of 161 Education member or local school board member. 162 Section 3. Section 26-6-27 is amended to read: 163 26-6-27. Information regarding communicable or reportable diseases 164 confidentiality -- Exceptions. 165 (1) Information collected pursuant to this chapter in the possession of the department 166 or local health departments relating to an individual who has or is suspected of having a disease 167 designated by the department as a communicable or reportable disease under this chapter shall 168 be held by the department and local health departments as strictly confidential. The department -6- Enrolled Copy S.B. 124 169 and local health departments may not release or make public that information upon subpoena, 170 search warrant, discovery proceedings, or otherwise, except as provided by this section. 171 (2) The information described in Subsection (1) may be released by the department or 172 local health departments only in accordance with the requirements of this chapter and as 173 follows: 174 (a) specific medical or epidemiological information may be released with the written 175 consent of the individual identified in that information or, if that individual is deceased, his 176 next-of-kin; 177 (b) specific medical or epidemiological information may be released to medical 178 personnel or peace officers in a medical emergency, as determined by the department in 179 accordance with guidelines it has established, only to the extent necessary to protect the health 180 or life of the individual identified in the information, or of the attending medical personnel or 181 law enforcement or public safety officers; 182 (c) specific medical or epidemiological information may be released to authorized 183 personnel within the department, local health departments, public health authorities, official 184 health agencies in other states, the United States Public Health Service, the Centers for Disease 185 Control and Prevention [(CDC)], or when necessary to continue patient services or to 186 undertake public health efforts to interrupt the transmission of disease; 187 (d) if the individual identified in the information is under the age of 18, the information 188 may be released to the Division of Child and Family Services within the Department of Human 189 Services in accordance with Section 62A-4a-403. If that information is required in a court 190 proceeding involving child abuse or sexual abuse under Title 76, Chapter 5, Offenses Against 191 the [Person] Individual, the information shall be disclosed in camera and sealed by the court 192 upon conclusion of the proceedings; 193 (e) specific medical or epidemiological information may be released to authorized 194 personnel in the department or in local health departments, and to the courts, to carry out the 195 provisions of this title, and rules adopted by the department in accordance with this title; 196 (f) specific medical or epidemiological information may be released to blood banks, -7- S.B. 124 Enrolled Copy 197 organ and tissue banks, and similar institutions for the purpose of identifying individuals with 198 communicable diseases. The department may, by rule, designate the diseases about which 199 information may be disclosed under this subsection, and may choose to release the name of an 200 infected individual to those organizations without disclosing the specific disease; 201 (g) specific medical or epidemiological information may be released in such a way that 202 no individual is identifiable; 203 (h) specific medical or epidemiological information may be released to a "health care 204 provider" as defined in Section 78B-3-403, health care personnel, and public health personnel 205 who have a legitimate need to have access to the information in order to assist the patient, or to 206 protect the health of others closely associated with the patient; 207 (i) specific medical or epidemiological information regarding a health care provider, as 208 defined in Section 78B-3-403, may be released to the department, the appropriate local health 209 department, and the Division of Occupational and Professional Licensing within the 210 Department of Commerce, if the identified health care provider is endangering the safety or life 211 of any individual by his continued practice of health care; 212 (j) specific medical or epidemiological information may be released in accordance with 213 Section 26-6-31 if an individual is not identifiable; and 214 (k) specific medical or epidemiological information may be released to a state agency 215 as defined in Section 63A-17-901, to perform the analysis described in Subsection 26-6-32(4) 216 if the state agency agrees to act in accordance with the requirements in this chapter. 217 (3) The provisions of Subsection (2)(h) do not create a duty to warn third parties, but is 218 intended only to aid health care providers in their treatment and containment of infectious 219 disease. 220 Section 4. Section 26-7-14 is amended to read: 221 26-7-14. Study on violent incidents and fatalities involving substance abuse -- 222 Report. 223 (1) As used in this section: 224 (a) "Drug overdose event" means an acute condition, including a decreased level of -8- Enrolled Copy S.B. 124 225 consciousness or respiratory depression resulting from the consumption or use of a controlled 226 substance, or another substance with which a controlled substance or alcohol was combined, 227 that results in an individual requiring medical assistance. 228 (b) "Substance abuse" means the misuse or excessive use of alcohol or other drugs or 229 substances. 230 (c) "Violent incident" means: 231 (i) aggravated assault as described in Section 76-5-103; 232 (ii) child abuse as described in [Section 76-5-109] Sections 76-5-109, 76-5-109.2, 233 76-5-109.3, and 76-5-114; 234 (iii) an offense described in Title 76, Chapter 5, Part 2, Criminal Homicide; 235 (iv) an offense described in Title 76, Chapter 5, Part 4, Sexual Offenses; 236 (v) a burglary offense described in Sections 76-6-202 through 76-6-204.5;