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HB 109
ESCAPE AND ABSCONDING AMENDMENTS
1996 GENERAL SESSION
STATE OF UTAH
Sponsor: Tom Matthews
AN ACT RELATING TO THE CRIMINAL CODE; PROVIDING GRADUATED PENALTIES
FOR DIFFERENT LEVELS OF ESCAPE; CREATING THE OFFENSE OF ABSCONDING
AND PROVIDING GRADUATED PENALTIES; AND CHANGING THE ELEMENTS OF
AIDING ESCAPE.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
76-8-310 , as enacted by Chapter 196, Laws of Utah 1973
ENACTS:
76-8-309.5 , Utah Code Annotated 1953
REPEALS AND REENACTS:
76-8-309 , as enacted by Chapter 196, Laws of Utah 1973
Be it enacted by the Legislature of the state of Utah:
Section 1.
Section
76-8-309
is repealed and reenacted to read:
76-8-309. Escape and aggravated escape -- Consecutive sentences -- Definitions.
(1) A prisoner is guilty of escape if he leaves official custody without authorization.
(2) A prisoner is guilty of aggravated escape if in the commission of an escape he uses a
dangerous weapon or facsimile thereof, or causes serious bodily injury to another.
(3) Aggravated escape is a first degree felony.
(4) Any other escape is a third degree felony.
(5) Any prison term imposed upon a prisoner for escape under this section shall run
consecutively with any other sentence.
(6) For the purposes of this part:
(a) "Confinement" means:
(i) housed in a state prison after being sentenced and committed and the sentence has not
been terminated or voided or the prisoner is not on parole;
(ii) lawfully detained in a county jail prior to trial or sentencing or housed in a county jail
after sentencing and commitment and the sentence has not been terminated or voided or the prisoner
is not on parole; or
(iii) lawfully detained following arrest.
(b) "Official custody" means arrest, whether with or without warrant, or confinement in a
state prison, jail, institution for secure confinement of juvenile offenders, or any confinement
pursuant to an order of the court or sentenced and committed and the sentence has not been
terminated or voided or the prisoner is not on parole. A person is considered confined in the state
prison if he:
(i) without authority fails to return to his place of confinement from work release or home
visit by the time designated for return;
(ii) is in prehearing custody after arrest for parole violation;
(iii) is being housed in a county jail, after felony commitment, pursuant to a contract with
the Department of Corrections; or
(iv) is being transported as a prisoner in the state prison by correctional officers.
(c) "Prisoner" means any person who is in official custody and includes persons under trusty
status.
Section 2.
Section
76-8-309.5
is enacted to read:
76-8-309.5. Absconding.
(1) An offender absconds from a facility when he leaves the facility without permission.
(2) An offender absconds from supervision when he willfully changes the residence that he
reported as his correct address without notifying his parole officer or obtaining permission.
(3) Absconding is a third degree felony.
(4) For the purposes of this section:
(a) "Facility" means a residential facility owned, operated, leased, or contracted by the
Department of Corrections or a county to provide housing, programming, or treatment of individuals
who have been placed on parole.
(b) "Offender" means a person who has been convicted of a crime and has been:
- 2 -
(i) sent to a facility;
(ii) placed on parole under condition that he report to a parole officer on a regular basis or
that he serve periods of confinement during his parole period or that he attend classes or treatment
as a condition of parole; or
(iii) released for a period during confinement for work, school, treatment, or other temporary
nonconfinement purposes.
Section 3.
Section
76-8-310
is amended to read:
76-8-310. Aiding escape.
(1) A person is guilty of [an offense] aiding escape if:
(a) [He] the person aids another person to escape from official custody as defined in Section
76-8-309
; or
(b) [He] the person knowingly provides a person in official custody with [anything] an item
which may facilitate [such person's] the escape of such person; or
(c) [Being] being a person in official custody, [he] the person knowingly procures, makes,
or possesses [anything] an item which may facilitate escape.
(2) An offense under this section is a second degree felony [of the second degree] if:
(a) [A] the actor is a public servant [concerned in detention of] whose duty is to detain
persons arrested for offenses or convictions of crime who knowingly facilitates, aids, or permits an
escape from official custody; or
[(b) A person to whom the aid or item to facilitate escape is given is a prisoner confined in
the state prison; or]
[(c) The item given to aid in]
(b) the person provides a dangerous weapon to facilitate the escape [is a deadly weapon.];
or
(c) the person causes serious bodily injury to another to aid the escape.
(3) [If the] Any other offense [is not a felony of the second] under this section is a third
degree [as defined in Subsection (2) it is a class A misdemeanor] felony.
- 3 -
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