36-12-9.5. Obstructing a legislative proceeding.

331 words·~2 min read·/ut/title-36/chapter-12/36-12-9-5

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/1/2024

(1)As used in this section, "legislative proceeding" means an investigation or audit conducted by:

(a)the Legislature, or a chamber, committee, subcommittee, or task force of the Legislature; or

(b)an employee or independent contractor of an entity described in Subsection (1)(a), at or under the direction of an entity described in Subsection (1)(a).

(2)Except as described in Subsection (3), a person is guilty of a class A misdemeanor if the person, with intent to hinder, delay, or prevent a legislative proceeding:

(a)provides a person with a weapon;

(b)prevents a person, by force, intimidation, or deception, from performing any act that might aid the legislative proceeding;

(c)alters, destroys, conceals, or removes any item or other thing;

(d)makes, presents, or uses an item, document, or thing known by the person to be false;

(e)makes a false material statement, not under oath, to:

(i)the Legislature, or a chamber, committee, subcommittee, or task force of the Legislature; or

(ii)an employee or independent contractor of an entity described in Subsection (2)(e)(i);

(f)harbors or conceals a person;

(g)provides a person with transportation, disguise, or other means of avoiding discovery or service of process;

(h)warns any person of impending discovery or service of process;

(i)conceals an item, information, document, or thing that is not privileged after a legislative subpoena is issued for the item, information, document, or thing; or

(j)provides false information regarding a witness or a material aspect of the legislative proceeding.

(3)Subsection

(2)does not include:

(a)false or inconsistent material statements, as described in Section 76-8-502 ;

(b)tampering with a witness or soliciting or receiving a bribe, as described in Section 76-8-508 ;

(c)retaliation against a witness, victim, or informant, as described in Section 76-8-508.3 ; or

(d)extortion or bribery to dismiss a criminal proceeding, as described in Section 76-8-509 .

Amended by Chapter 425 , 2024 General Session