H.B. 254
LEGISLATIVE GENERAL COUNSEL
6 Approved for Filing: J. Rogers 6
6 01-19-23 4:58 PM 6
H.B. 254
1 PENALTY FOR FALSE STATEMENT DURI NG DRUG
2 ARREST
3 2023 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Ken Ivory
6 Senate Sponsor: ____________
7
8LONG TITLE
9General Description:
10 This bill creates a penalty enhancement for certain false statements made during an
11arrest.
12Highlighted Provisions:
13 This bill:
14 <creates a penalty enhancement for certain false statements made during an arrest;
15and
16 <makes technical and conforming changes.
17Money Appropriated in this Bill:
18 None
19Other Special Clauses:
20 None
21Utah Code Sections Affected:
22ENACTS:
23 76-3-210, Utah Code Annotated 1953
24
25Be it enacted by the Legislature of the state of Utah:
26 Section 1. Section 76-3-210 is enacted to read:
27 76-3-210. Enhanced penalty for false statement about ingesting drugs during
*HB0254* H.B. 254 01-19-23 4:58 PM
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28arrest.
29 (1) An actor convicted of an offense may be subject to an enhanced penalty if, at the
30time of the actor's arrest for the offense:
31 (a) the actor states to a law enforcement officer that the actor ingested drugs before the
32actor's arrest;
33 (b) the law enforcement officer, based on the actor's statement described in Subsection
34(1)(a), takes the actor to a health care facility for medical treatment; and
35 (c) a medical examination of the actor demonstrates that the actor's statement described
36in Subsection (1)(a) was false.
37 (2) (a) Except as provided in Subsection (2)(b), if a trier of fact finds beyond a
38reasonable doubt that an actor committed an offense and, upon arrest for the offense, made a
39statement found to be false under Subsection (1), the actor is subject to an enhanced penalty of
40one classification higher than the offense for which the actor is convicted.
41 (b) A first degree felony may not be enhanced under this section.
42 (3) This section does not affect or limit an actor's constitutional right to the lawful
43expression of free speech or other recognized rights secured by the Utah Constitution or the
44laws of the state, or by the United States Constitution or the laws of the United States.