63G-6a-2404.7. Improper action against a public officer or employee involved in the procurement process.
| (1) |
Attorney's NoteUnder the Utah Code, punishments for crimes depend on the classification. In the case of this section:
| Class | Prison | Fine |
|---|
| class A misdemeanor | up to 364 days | up to $2,500 |
For details, see Utah Code § 76-3-204Terms Used In Utah Code 63G-6a-2404.7- Allegation: something that someone says happened.
- Contract: A legal written agreement that becomes binding when signed.
- Contract: means an agreement for a procurement. See Utah Code 63G-6a-103
- Person: means :Utah Code 68-3-12.5
- Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
- Procurement: means the acquisition of a procurement item through an expenditure of public funds, or an agreement to expend public funds, including an acquisition through a public-private partnership. See Utah Code 63G-6a-103
| (a) |
It is unlawful for a person knowingly to threaten to make a false allegation against a public officer or employee, or knowingly to threaten to take a menacing or intimidating action against a public officer or employee, with the intent to:
| (i) |
prevent the officer or employee from performing a duty or responsibility that the officer or employee has under this chapter; |
| (ii) |
influence the officer or employee to award a contract under this chapter to the person or take other action under this chapter in favor of the person; or |
| (iii) |
retaliate against the officer or employee for:
| (A) |
not awarding a contract under this chapter to the person; |
| (B) |
issuing a decision or taking an action under this chapter that is adverse to the person; or |
| (C) |
performing a duty or responsibility the officer or employee has under this chapter. |
|
|
| (b) |
A violation of Subsection (1)(a) is a class A misdemeanor. |
|
| (2) |
| (a) |
It is unlawful for a person knowingly to make a false allegation against a public officer or employee, or knowingly to take a menacing or intimidating action against a public officer or employee, with the intent to:
| (i) |
prevent the officer or employee from performing a duty or responsibility that the officer or employee has under this chapter; |
| (ii) |
influence the officer or employee to award a contract under this chapter to the person or take other action under this chapter in favor of the person; or |
| (iii) |
retaliate against the officer or employee for:
| (A) |
not awarding a contract under this chapter to the person; |
| (B) |
issuing a decision or taking an action under this chapter that is adverse to the person; or |
| (C) |
performing a duty or responsibility the officer or employee has under this chapter. |
|
|
| (b) |
A violation of Subsection (2)(a) is a third degree felony. |
|
Enacted by Chapter 348, 2017 General Session
