Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Criminal Justice topic
No spam. Unsubscribe anytime.
House raises repeat assault on officers to felony for subsequent offenses
Summary
House Bill 70 passed the Utah House, upgrading a second or subsequent assault on a peace officer to a third-degree felony while keeping first offenses as misdemeanors. Lawmakers debated who is covered by the 'peace officer' definition before voting 66-5 in favor.
Representative Ray brought House Bill 70 to the floor to change sentencing for repeat assaults on certified law-enforcement officers. He said the bill keeps the first assault as a misdemeanor but elevates second or subsequent convictions to a third-degree felony.
"What we're doing on this bill is... the first time you assault a police officer, it's a misdemeanor. After you've been convicted on the first offense, a second or subsequent assault becomes a third degree felony," Ray said, explaining his intent to address repeat offenders who show little respect for law enforcement.
Representative Holloway asked whether the bill's definition of "peace officer" would include correctional officers or juvenile-detention counselors. Ray and others clarified that the bill uses the statutory certification definition (section 53-13-103) and is intended to apply to certified law-enforcement officers on patrol, while correctional officers are covered under separate statutes.
Representative Wimmer, speaking in support, said incidents of repeat assaults on officers are known to law enforcement and that enhanced penalties are appropriate for repeat offenders.
The House voted; House Bill 70 passed 66 yes, 5 no, with 4 absent, and will be referred to the Senate.
The bill’s passage follows committee debate and floor questions about definitions and charging practices by prosecutors.
