Current through the 2024 Fourth Special Session
Section 36-12-9.5 - Obstructing a legislative proceeding(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 ,§ 16, eff. 5/1/2024.Added by Chapter 167, 2014 General Session ,§ 1, eff. 5/13/2014.