Utah 2025 Regular Session

Utah House Bill HB0096 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	Enrolled Copy H.B. 96
	1	+	02-21 08:52 1st Sub. (Buff) H.B. 96
	2	+	Paul A. Cutler proposes the following substitute bill:
2	3		1
3	4		Fraud Amendments
4	5		2025 GENERAL SESSION
5	6		STATE OF UTAH
6	7		Chief Sponsor: Paul A. Cutler
7	8		Senate Sponsor: Heidi Balderree
8	9		2
9	10
10	11		3
11	12		LONG TITLE
12	13		4
13	14		General Description:
14	15		5
15	16		This bill addresses the criminal offense of defrauding of creditors.
16	17		6
17	18		Highlighted Provisions:
18	19		7
19	20		This bill:
20	21		8
21	22		▸ amends the criminal offense of defrauding of creditors to increase the penalty for the
22	23		9
23	24		offense based on the value of the fraud; and
24	25		10
25	26		▸ makes technical and conforming changes.
26	27		11
27	28		Money Appropriated in this Bill:
28	29		12
29	30		None
30	31		13
31	32		Other Special Clauses:
32	33		14
33	34		None
34	35		15
35	36		Utah Code Sections Affected:
36	37		16
37	38		AMENDS:
38	39		17
39	40		76-6-511, as last amended by Laws of Utah 2023, Chapter 111
40	41		18
41	42
42	43		19
43	44		Be it enacted by the Legislature of the state of Utah:
44	45		20
45	46		Section 1. Section 76-6-511 is amended to read:
46	47		21
47	48		76-6-511 . Defrauding of creditors.
48	49		22
49	50		(1) Terms defined in Section 76-1-101.5 apply to this section.
50	51		23
51	52		(2) An actor commits defrauding of creditors if the actor:
52	53		24
53	54		(a) destroys, removes, conceals, encumbers, transfers, or otherwise deals with property
54	55		25
55	56		subject to a security interest with a purpose to:
56	57		26
57	58		(i) [ ]hinder enforcement of [that] the security interest; and
58	59		27
59	60		(ii) deprive the secured party of lawful possession of the property; or
60	61		28
61		-	(b) knowing that proceedings have been or are about to be instituted for the appointment ~~H.B. 96 Enrolled Copy~~
	62	+	(b) knowing that proceedings have been or are about to be instituted for the appointment
62	63		29
63	64		of a person entitled to administer property for the benefit of creditors:
	65	+	1st Sub. H.B. 96 1st Sub. (Buff) H.B. 96 02-21 08:52
64	66		30
65	67		(i) destroys, removes, conceals, encumbers, transfers, or otherwise deals with any
66	68		31
67	69		property with a purpose to defeat or obstruct the claim of any creditor, or
68	70		32
69	71		otherwise to obstruct the operation of any law relating to administration of
70	72		33
71	73		property for the benefit of creditors; or
72	74		34
73	75		(ii) presents to any creditor or to an assignee for the benefit of creditors, orally or in
74	76		35
75	77		writing, any statement relating to the debtor's estate, knowing that a material part
76	78		36
77	79		of such statement is false.
78	80		37
79	81		(3)(a) A violation of Subsection [(2)] (2)(a) or (2)(b)(i) is:
80	82		38
81		-	(i) [ ]a class A misdemeanor~~[.]~~ if the unpaid balance owed to the creditor on the
	83	+	(i) [ ]a class A misdemeanor if the unpaid balance owed to the creditor on the
82	84		39
83		-	property at the time of the act described in Subsection (2) is less than $10,000; or
	85	+	property at the time of the act described in Subsection (2) is less than $10,000;[.]
84	86		40
	87	+	or
	88	+	41
85	89		(ii) a third degree felony if the unpaid balance owed to the creditor on the property at
86		-	41
	90	+	42
87	91		the time of the act described in Subsection (2) is or exceeds $10,000; or
88		-	42
	92	+	43
89	93		(b) A violation of Subsection (2)(b)(ii) is a class A misdemeanor.
90		-	43
	94	+	44
91	95		(4) This section [may not be construed to] does not impose criminal or civil liability on [any]
92		-	44
	96	+	45
93	97		a law enforcement officer acting within the scope of a criminal investigation.
94		-	45
	98	+	46
95	99		(5) The forfeiture of property under this section, including any seizure and disposition of
96		-	46
	100	+	47
97	101		the property and any related judicial or administrative proceeding, shall be conducted in
98		-	47
	102	+	48
99	103		accordance with Title 77, Chapter 11a, Seizure of Property and Contraband, through
100		-	48
	104	+	49
101	105		Chapter 11c, Retention of Evidence.
102		-	49
	106	+	50
103	107		Section 2. Effective Date.
104		-	50
	108	+	51
105	109		This bill takes effect on May 7, 2025.
106	110		- 2 -