§ 36-12-9.5. Obstructing a legislative proceeding. (Effective 5/13/2014)

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

(a) the Legislature, or a house, 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 house, 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.

Enacted by Chapter 167, 2014 General Session