Current through the 2024 Third 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.