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House rejects bill to elevate assault-on-officer during arrest to a felony

Utah House of Representatives · February 22, 1999
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Summary

The House defeated HB 3-20, which would have made assaulting a police officer during an arrest a felony; supporters said it would protect officers, critics warned it could criminalize minor pushing during demonstrations. Vote: 33 yes, 39 no.

Representative Adair sponsored HB 3-20, proposing to change the penalty for assaulting a police officer when the officer is effecting an arrest from a misdemeanor to a felony. Adair said the change was intended to “send a clear, defining signal” and demanded that citizens understand “you don't touch him.”

Opponents, including Representative Carlson, pressed the sponsor on the bill's language and practical effects. Carlson said the bill could sweep in minor, nonintentional contact at demonstrations — "a push could be assault" — and warned of a chilling effect on the right to protest if low-level contacts risked felony charges. Carlson asked why existing criminal statutes would not cover truly serious assaults.

Adair acknowledged distinctions in current law, noting that some contexts (for example, assaulting a clerk while fleeing after shoplifting) already carry heavier penalties, but argued the statute needed clarity to protect officers during arrests. After extended questioning and summation, the House voted. HB 3-20 failed, receiving 33 yes votes and 39 no votes and was filed.

The immediate outcome leaves the existing misdemeanor standard in place; members debating civil liberties and law-enforcement protections said the issue may return in a revised form in a future session.