Download Zipped Introduced WP 9 HB0113.ZIP 6,468 Bytes
[Status][Bill Documents][Fiscal Note][Bills Directory]
H.B. 113
1
SURREPTITIOUS ADMINISTRATION OF A
2
SUBSTANCE
3
2001 GENERAL SESSION
4
STATE OF UTAH
5
Sponsor: Ron Bigelow
6
This act modifies the Criminal Code to create the specific criminal offense of surreptitiously
7
administering deleterious or alcoholic substances or drugs to another person. The act
8
provides definitions, and also graduated penalties based on the risks posed by the substance
9
administered. The act includes a defense for administering medical treatment.
10
This act affects sections of Utah Code Annotated 1953 as follows:
11
ENACTS:
12
76-5-113, Utah Code Annotated 1953
13
Be it enacted by the Legislature of the state of Utah:
14
Section 1.
Section
76-5-113
is enacted to read:
15
76-5-113. Surreptitious administration of certain substances -- Definitions -- Penalties
16
-- Defenses.
17
(1) As used in this section:
18
(a) "Administer" means the introduction of a substance into the body by injection,
19
inhalation, ingestion, or by any other means.
20
(b) "Alcoholic beverage" has the same meaning as "alcoholic beverages" in Section
21
32A-1-105
.
22
(c) "Bodily injury" has the same definition as in Section
76-1-601
.
23
(d) "Controlled substance" has the same definition as in Section
58-37-2
.
24
(e) "Deleterious substance" means a substance which, if administered, would likely cause
25
bodily injury.
26
(f) "Poisonous" means a substance which, if administered, would likely cause serious
27
bodily injury or death.
28
(g) "Prescription drug" has the same definition as in Section
58-17a-102
.
29
(h) "Serious bodily injury or death" has the same definition as in Section
19-2-115
.
30
(i) "Substance" means a controlled substance, poisonous substance, or deleterious
31
substance as defined in this Subsection (1).
32
(2) In addition to any other offense the actor's conduct may constitute, it is a criminal
33
offense for a person, surreptitiously or by means of fraud, deception, or misrepresentation, to cause
34
another person to unknowingly consume or receive the administration of:
35
(a) any poisonous, deleterious, or controlled substance; or
36
(b) any alcoholic beverage.
37
(3) A violation of Subsection (2) is:
38
(a) a second degree felony if the substance is a poisonous substance, regardless of whether
39
the substance is a controlled substance or a prescription drug;
40
(b) a third degree felony if the substance is not within the scope of Subsection (3)(a), and
41
is a controlled substance or a prescription drug; and
42
(c) a class A misdemeanor if the substance is a deleterious substance or an alcoholic
43
beverage.
44
(4) (a) It is an affirmative defense to a prosecution under Subsection (2) that the actor:
45
(i) provided the appropriate administration of a prescription drug; and
46
(ii) acted on the reasonable belief that his conduct was in the best interest of the well being
47
of the person to whom the prescription drug was administered.
48
(b) (i) The defendant shall file and serve on the prosecuting attorney a notice in writing
49
of his intention to claim a defense under Subsection (4)(a) not fewer than 20 days before the trial.
50
(ii) The notice shall specifically identify the factual basis for the defense and the names
51
and addresses of the witnesses the defendant proposes to examine to establish the defense.
52
(c) The prosecuting attorney shall file and serve the defendant with a notice containing the
53
names and addresses of the witnesses the prosecutor proposes to examine in order to contradict
54
or rebut the defendant's claim of an affirmative defense under Subsection (4)(a). This notice shall
55
be filed or served not more than ten days after receipt of the defendant's notice under Subsection
56
(4)(b), or at another time as the court may direct.
57
(d) (i) Failure of a party to comply with the requirements of Subsection (4)(b) or (4)(c)
58
entitles the opposing party to a continuance to allow for preparation.
59
(ii) If the court finds that a party's failure to comply is the result of bad faith, it may impose
60
appropriate sanctions.
61
(5) This section does not diminish the scope of authorized health care by a health care
62
provider as defined in Section
26-23a-1
.
Legislative Review Note
as of 1-16-01 4:14 PM
A limited legal review of this legislation raises no obvious constitutional or statutory concerns.