H.B.
258
CRIMINAL SENTENCING AMENDMENTS
House Floor
Amendments
Amendment 1 February 2, 2001 12:22 pm
Representative Daniels
proposes the following amendments:
1. Page 1, Line 8: Delete " repealing" and insert " amending"
2. Page 1, Line 19: After Line 19 insert:
" 76-5-103.5, as last amended by Chapter 207, Laws of Utah 1997"
3. Page 2, Line 33: Delete Lines 33 and 34.
4. Page 14, Line 409: After Line 409 insert:
"Section 8. Section 76-5-103.5 is amended to read:
76-5-103.5
.
Aggravated assault by prisoner.
(1) Any prisoner, not serving a sentence for a capital felony or a felony of the first degree, who commits aggravated assault is guilty of:
(a)
a felony of the second degree if no serious bodily injury was intentionally caused; or
(b)
a felony of the first degree if serious bodily injury was intentionally caused.
[
(2)
Any prisoner serving a sentence for a capital felony or a felony of the first degree who commits aggravated assault is guilty of:
]
[
(a)
a felony of the first degree if no serious bodily injury was intentionally caused; or
]
[
(b)
a capital felony if serious bodily injury was intentionally caused.
]
[
(3)
]
(2)
For the purpose of this section, "serving a sentence" means sentenced and committed to the custody of the Department of Corrections, the sentence has not been terminated or voided, and the prisoner is:
(a)
not on parole; or
(b)
in custody after arrest for a parole violation.
"
5. Page 25, Line 764: Delete Lines 764, 765, and 766.
Renumber remaining sections accordingly.