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House Adopts Technical Changes to Dangerous-Weapons Language, Replacing 'Oppose' with 'Obstruct'

Utah House of Representatives · February 21, 1997
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Summary

The House adopted the fourth substitute of House Bill 54 to clarify dangerous-weapon definitions and to change an overly broad verb in the interference-with-official-duties provision; sponsor argued the change prevents unintended criminal liability for normal floor resistance. The bill passed on Feb. 21 by recorded vote.

The Utah House on Feb. 21 adopted a fourth substitute to House Bill 54, which tightens language in the criminal code defining dangerous weapons and clarifies the interference-with-official-duties provision. The sponsor described the change as a technical cleanup intended to avoid unintended criminalization of ordinary floor activities and said the measure has support from prosecutors and the Law Enforcement Legislative Committee.

A central floor point concerned the statutory verb in the third-degree felony offense for interfering with an official. Floor debate noted the prior word "oppose" risked sweeping in normal legislative resistance; the amendment replaces that term with "obstruct," which the sponsor said is more consistent with other code language and denotes a physical act more closely aligned with the felony element. The sponsor warned against an inadvertently broad reading, saying, "We were concerned that we might could be found guilty of a third degree felony right here during our business."

The substitute also removed duplicative or now-included phrases in the code — for example, deleting references to "deadly weapon, facsimile or representation of a dangerous weapon" where those concepts are already included in the updated definition of "dangerous weapon." The sponsor said there is no fiscal impact; the retirement system (in an earlier bill discussion on the floor) had agreed to absorb a $7,500 cost cited in a different bill's explanation.

Voting was conducted on the floor after explanation and a motion to substitute; the Clerk announced the tally for the fourth substitute to HB 54 as 71 yes, 0 no. The bill will be sent to the Senate for further consideration.