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H.B. 92
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WEAPONS AND EXPLOSIVES RESTRICTIONS
2
- PRIVATE PROPERTY, SCHOOLS,
3
CHURCHES, AND OLYMPIC VENUES
4
1999 GENERAL SESSION
5
STATE OF UTAH
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Sponsor: David M. Jones
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AN ACT RELATING TO PUBLIC SAFETY AND THE JUDICIAL CODE; PROVIDING
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CROSS REFERENCES TO RESTRICTED AREAS; PROVIDING DEFINITIONS;
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SEPARATING INTO TWO SECTIONS PROVISIONS RELATING TO DEFINITIONS AND
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UNIFORM LAW TO FACILITATE THE ADDITION OF DEFINITIONS IN THE FUTURE;
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AUTHORIZING RULEMAKING AUTHORITY TO THE OLYMPIC LAW ENFORCEMENT
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COMMANDER TO DESIGNATE CONTROLLED ACCESS AREAS AND PROVIDE NOTICE;
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RESTRICTING WEAPONS IN HOUSES OF WORSHIP, IN A PRIVATE RESIDENCE, ON
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ELEMENTARY AND SECONDARY SCHOOLS PREMISES; RESTRICTING WEAPONS
15
AND EXPLOSIVES AT CONTROLLED ACCESS AREAS AT OLYMPIC VENUES;
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PRESCRIBING PENALTIES AND EXCEPTIONS; MAKING TECHNICAL CORRECTIONS;
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AND PROVIDING A REPEALER FOR THE OLYMPIC PROVISIONS.
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This act affects sections of Utah Code Annotated 1953 as follows:
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AMENDS:
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53-5-710, as enacted by Chapter 117, Laws of Utah 1997
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53A-3-502, as enacted by Chapter 2, Laws of Utah 1988
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53A-11-904, as last amended by Chapter 74, Laws of Utah 1996
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76-3-203.2, as last amended by Chapter 289, Laws of Utah 1997
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76-8-311.3, as last amended by Chapter 288, Laws of Utah 1997
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76-10-501, as last amended by Chapter 263, Laws of Utah 1998
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76-10-505.5, as last amended by Chapters 10 and 289, Laws of Utah 1997
27
78-3a-603, as last amended by Chapter 365, Laws of Utah 1997
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ENACTS:
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53-12-301.1, Utah Code Annotated 1953
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63-55b-153, Utah Code Annotated 1953
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63-55b-176, Utah Code Annotated 1953
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76-10-500, Utah Code Annotated 1953
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76-10-530, Utah Code Annotated 1953
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76-10-531, Utah Code Annotated 1953
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76-10-532, Utah Code Annotated 1953
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Be it enacted by the Legislature of the state of Utah:
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Section 1.
Section
53-5-710
is amended to read:
38
53-5-710. Cross-references to concealed firearm permit restrictions.
39
A person with a permit to carry a concealed firearm may not carry a concealed firearm in
40
[the following] certain locations including:
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(1) any secure area prescribed in Section
76-10-523.5
in which firearms are prohibited and
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notice of the prohibition posted; [and]
43
(2) in any airport secure area as provided in Section
76-10-529
;
44
(3) in any house of worship in violation of Section
76-10-530
;
45
(4) in a private residence in violation of Section
76-10-531
;
46
(5) on school premises in violation of Section
76-10-505.5
; and
47
(6) at an Olympic venue controlled access area in violation of Section
76-10-532
.
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Section 2.
Section
53-12-301.1
is enacted to read:
49
53-12-301.1. Rulemaking authority for Olympic venue controlled access areas.
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In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the
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Olympic law enforcement commander designated in Section
53-12-301
shall make rules:
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(1) designating the locations of controlled access areas at or within Olympic venues where
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a firearm, ammunition, dangerous weapon, or explosive, chemical, or incendiary device is
54
prohibited; and
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(2) providing notice that a reasonable person would understand regarding:
56
(a) the locations of the controlled access areas where the items in Subsection (1) are
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prohibited; and
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(b) the penalty for violating Section
76-10-532
, restriction of dangerous weapons in
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Olympic venue controlled access areas.
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(3) The notice in Subsection (2) shall include:
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(a) written notice provided to a person at the time the person receives tickets to events at
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controlled access areas; and
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(b) notice posted at any entrance to a controlled access area.
64
Section 3.
Section
53A-3-502
is amended to read:
65
53A-3-502. Dangerous materials in the public schools -- Class B misdemeanor --
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Exceptions.
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(1) A person who possesses a weapon, explosive, flammable material, or other material
68
dangerous to persons or property, other than a dangerous weapon restricted under Section
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76-10-505.5
, in a public or private elementary or secondary school, on the grounds of the school,
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or in those parts of a building, park, or stadium which are being used for an activity sponsored by
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or through the school is guilty of a class B misdemeanor, unless a higher penalty is prescribed in
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Title 76, Criminal Code, in which case the penalty provisions of that title control.
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(2) Subsection (1) does not apply under the following circumstances:
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(a) possession is approved by the responsible school administrator; or
75
(b) the item or material is present or to be used in connection with a lawful, approved
76
activity and is in the possession or under the control of the person responsible for its possession
77
or use.
78
Section 4.
Section
53A-11-904
is amended to read:
79
53A-11-904. Grounds for suspension or expulsion from a public school.
80
(1) A student may be suspended or expelled from a public school for any of the following
81
reasons:
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(a) frequent or flagrant willful disobedience, defiance of proper authority, or disruptive
83
behavior, including the use of foul, profane, vulgar, or abusive language;
84
(b) willful destruction or defacing of school property;
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(c) behavior or threatened behavior which poses an immediate and significant threat to the
86
welfare, safety, or morals of other students or school personnel or to the operation of the school;
87
(d) possession, control, or use of an alcoholic beverage as defined in Section
32A-1-105
;
88
or
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(e) behavior proscribed under Subsection (2) which threatens harm or does harm to the
90
school or school property, to a person associated with the school, or property associated with any
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such person, regardless of where it occurs.
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(2) (a) A student shall be suspended or expelled from a public school for any of the
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following reasons:
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(i) any serious violation affecting another student or a staff member, or any serious
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violation occurring in a school building, in or on school property, or in conjunction with any
96
school activity, including the possession, control, or actual or threatened use of a real, look alike,
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or pretend weapon, explosive, or noxious or flammable material under Section
53A-3-502
or
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76-10-505.5
, or the sale, control, or distribution of a drug or controlled substance as defined in
99
Section
58-37-2
, an imitation controlled substance defined in Section
58-37b-2
, or drug
100
paraphernalia as defined in Section
58-37a-3
; or
101
(ii) the commission of an act involving the use of force or the threatened use of force
102
which if committed by an adult would be a felony or class A misdemeanor.
103
(b) A student who commits a violation of Subsection (a) involving a real, look alike, or
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pretend firearm, explosive, or flammable material shall be expelled from school for a period of not
105
less than one year, unless the district superintendent determines, on a case-by-case basis, that a
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lesser penalty would be more appropriate.
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(3) A student may be denied admission to a public school on the basis of having been
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expelled from that or any other school during the preceding 12 months.
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(4) A suspension or expulsion under this section is not subject to the age limitations under
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Subsection
53A-11-102
(1).
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Section 5.
Section
63-55B-153
is enacted to read:
112
63-55b-153. Repeal date - Title 53.
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(1) Section
53-12-301.1
is repealed December 31, 2002.
114
(2) Subsection
53-5-710
(6) pertaining to restrictions at Olympic venue controlled access
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areas is repealed December 31, 2002.
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Section 6.
Section
63-55b-176
is enacted to read:
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63-55b-176. Repeal date -- Title 76.
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Section
76-10-532
is repealed December 31, 2002.
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Section 7.
Section
76-3-203.2
is amended to read:
120
76-3-203.2. Definitions -- Use of dangerous weapon in offenses committed on or
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about school premises -- Enhanced penalties.
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For purposes of this section:
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(1) (a) "On or about school premises" [as used in this section and Section
76-10-505.5
]
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means any of the following:
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(i) in a public or private elementary, secondary, or on the grounds of any of those schools;
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(ii) in a public or private vocational school or postsecondary institution or on the grounds
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of any of those schools or institutions;
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(iii) in those portions of any building, park, stadium, or other structure or grounds which
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are, at the time of the act, being used for an activity sponsored by or through a school or institution
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under Subsections (1)(a)(i) and (ii);
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(iv) in or on the grounds of a preschool or child-care facility; and
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(v) within 1,000 feet of any structure, facility, or grounds included in Subsections (1)(a)(i),
133
(ii), (iii), and (iv).
134
(b) As used in this section:
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(i) "Educator" means any person who is employed by a public school district and who is
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required to hold a certificate issued by the State Board of Education in order to perform duties of
137
employment.
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(ii) "Within the course of employment" means that an educator is providing services or
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engaging in conduct required by the educator's employer to perform the duties of employment.
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(2) Any person who, on or about school premises, commits any offense and uses or
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threatens to use a dangerous weapon, as defined in Section
76-1-601
, in the commission of the
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offense is subject to an enhanced degree of offense as provided in [Subsection] Subsections (4)
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and (5).
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(3) (a) Any person who commits an offense against an educator when the educator is
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acting within the course of employment is subject to an enhanced degree of offense as provided
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in Subsection (4).
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(b) As used in Subsection (3)(a), "offense" means [an] any offense:
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(i) under Title 76, Chapter 5, Offenses Against The Person; [and] or
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[(c) an offense] (ii) under Title 76, Chapter 6, Part 3, Robbery.
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(4) The enhanced degree of offense for offenses committed under this section are:
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(a) if the offense is otherwise a class B misdemeanor it is a class A misdemeanor;
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(b) if the offense is otherwise a class A misdemeanor it is a third degree felony;
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(c) if the offense is otherwise a third degree felony it is a second degree felony; or
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(d) if the offense is otherwise a second degree felony it is a first degree felony.
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(5) The enhanced penalty for a first degree felony offense of a convicted person:
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(a) shall be imprisonment for a term of not less than five years and which may be for life,
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and imposition or execution of the sentence may not be suspended unless the court:
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(i) finds that the interests of justice would be best served; and
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(ii) states the specific circumstances justifying the disposition on the record; and
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(b) shall [be] subject the person also to the dangerous weapon enhancement provided in
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Section
76-3-203
except for an offense committed under Subsection (3) that does not involve a
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firearm.
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(6) (a) The prosecuting attorney, or grand jury if an indictment is returned, shall provide
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notice upon the information or indictment that the defendant is subject to the enhanced degree of
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offense or penalty under Subsection (4) or (5).
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(b) The notice shall be in a clause separate from and in addition to the substantive offense
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charged.
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[(b)] (c) If the notice is not included initially, the court may subsequently allow the
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prosecutor to amend the charging documents to include the notice if the court finds:
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(i) the charging document, including any statement of probable cause, provide notice to
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the defendant of the allegation he committed the offense on or about school premises[,]; or [if the
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court finds]
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(ii) the defendant has not otherwise been substantially prejudiced by the omission.
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(7) [In] The convicted person shall not be subject to the dangerous weapon enhancement
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in Section
76-3-203
:
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(a) in cases where an offense is enhanced pursuant to Subsection (4)(a), (b), (c), or (d)[,];
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or
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(b) under Subsection (5)(a) for an offense committed under Subsection (2) that does not
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involve a firearm[, the convicted person shall not be subject to the dangerous weapon enhancement
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in Section
76-3-203
].
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Section 8.
Section
76-8-311.3
is amended to read:
182
76-8-311.3. Items prohibited in correctional and mental health facilities -- Penalties.
183
(1) As used in this section:
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(a) "Contraband" means any item not specifically prohibited for possession by offenders
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under this section or Title 58, Chapter 37, Utah Controlled Substances Act.
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(b) "Controlled substance" means any substance defined as a controlled substance under
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Title 58, Chapter 37, Utah Controlled Substances Act.
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(c) "Correctional facility" means:
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(i) any facility operated by the Department of Corrections to house offenders in either a
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secure or nonsecure setting;
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(ii) any facility operated by a municipality or a county to house or detain criminal
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offenders;
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(iii) any juvenile detention facility; and
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(iv) any building or grounds appurtenant to the facility or lands granted to the state,
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municipality, or county for use as a correctional facility.
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(d) "Medicine" means any prescription drug as defined in Title 58, Chapter 17a, Pharmacy
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Practice Act, but does not include any controlled substances as defined in Title 58, Chapter 37,
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Utah Controlled Substances Act.
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(e) "Mental health facility" has the same meaning as defined in Section
62A-12-202
.
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(f) "Offender" means a person in custody at a correctional facility.
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(g) "Secure area" has the same meaning as provided in Section
76-8-311.1
.
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(2) Notwithstanding [any other statute to the contrary, including Subsection
76-10-501
(b)]
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Section
76-10-500
, a correctional or mental health facility may provide by rule that no firearm,
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ammunition, dangerous weapon, implement of escape, explosive, controlled substance, spirituous
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or fermented liquor, medicine, or poison in any quantity may be:
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(a) transported to or upon a correctional or mental health facility;
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(b) sold or given away at any correctional or mental health facility;
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(c) given to or used by any offender at a correctional or mental health facility; or
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(d) knowingly or intentionally possessed at a correctional or mental health facility.
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(3) It is a defense to any prosecution under this section if the accused in committing the
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act made criminal by this section:
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(a) with respect to a correctional facility operated by the Department of Corrections, acted
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in conformity with departmental rule or policy;
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(b) with respect to a correctional facility operated by a municipality, acted in conformity
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with the policy of the municipality;
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(c) with respect to a correctional facility operated by a county, acted in conformity with
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the policy of the county; or
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(d) with respect to a mental health facility, acted in conformity with the policy of the
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mental health facility.
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(4) (a) Any person who transports to or upon a correctional facility, or into a secure area
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of a mental health facility, any firearm, ammunition, dangerous weapon, explosive, or implement
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of escape with intent to provide or sell it to any offender, is guilty of a second degree felony.
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(b) Any person who provides or sells to any offender at a correctional facility, or any
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detainee at a secure area of a mental health facility, any firearm, ammunition, dangerous weapon,
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explosive, or implement of escape is guilty of a second degree felony.
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(c) Any offender who possesses at a correctional facility, or any detainee who possesses
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at a secure area of a mental health facility, any firearm, ammunition, dangerous weapon, explosive,
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or implement of escape is guilty of a second degree felony.
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(d) Any person who, without the permission of the authority operating the correctional
230
facility or the secure area of a mental health facility, knowingly possesses at a correctional facility
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or a secure area of a mental health facility any firearm, ammunition, dangerous weapon, implement
232
of escape, or explosive is guilty of a third degree felony.
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(5) (a) A person is guilty of a third degree felony who, without the permission of the
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authority operating the correctional facility or secure area of a mental health facility, knowingly
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transports to or upon a correctional facility or into a secure area of a mental health facility any:
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(i) spirituous or fermented liquor;
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(ii) medicine, whether or not lawfully prescribed for the offender; or
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(iii) poison in any quantity.
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(b) A person is guilty of a third degree felony who knowingly violates correctional or
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mental health facility policy or rule by providing or selling to any offender at a correctional facility
241
or detainee within a secure area of a mental health facility any:
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(i) spirituous or fermented liquor;
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(ii) medicine, whether or not lawfully prescribed for the offender; or
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(iii) poison in any quantity.
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(c) An inmate is guilty of a third degree felony who, in violation of correctional or mental
246
health facility policy or rule, possesses at a correctional facility or in a secure area of a mental
247
health facility any:
248
(i) spirituous or fermented liquor;
249
(ii) medicine, other than medicine provided by the facility's health care providers in
250
compliance with facility policy; or
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(iii) poison in any quantity.
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(d) A person is guilty of a class A misdemeanor who, without the permission of the
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authority operating the correctional or mental health facility, fails to declare or knowingly
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possesses at a correctional facility or in a secure area of a mental health facility any:
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(i) spirituous or fermented liquor;
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(ii) medicine; or
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(iii) poison in any quantity.
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(e) A person is guilty of a class B misdemeanor who, without the permission of the
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authority operating the facility, knowingly engages in any activity that would facilitate the
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possession of any contraband by an offender in a correctional facility.
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(f) Exemptions may be granted for worship for Native American inmates pursuant to
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Section
64-13-40
.
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(6) The possession, distribution, or use of a controlled substance at a correctional facility
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or in a secure area of a mental health facility shall be prosecuted in accordance with Title 58,
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Chapter 37, Utah Controlled Substances Act.
266
Section 9.
Section
76-10-500
is enacted to read:
267
76-10-500. Uniform law.
268
(1) The individual right to keep and bear arms being a constitutionally protected right, the
269
Legislature finds the need to provide uniform laws throughout the state. Except as specifically
270
provided by state law, a citizen of the United States or a lawfully admitted alien shall not be:
271
(a) prohibited from owning, possessing, purchasing, transporting, or keeping any firearm
272
at his place of residence, property, business, or in any vehicle under his control; or
273
(b) required to have a permit or license to purchase, own, possess, transport, or keep a
274
firearm.
275
(2) This part is uniformly applicable throughout this state and in all its political
276
subdivisions and municipalities. All authority to regulate firearms shall be reserved to the state
277
except where the Legislature specifically delegates responsibility to local authorities. Unless
278
specifically authorized by the Legislature by statute, a local authority may not enact or enforce any
279
ordinance, regulation, or rule pertaining to firearms.
280
Section 10.
Section
76-10-501
is amended to read:
281
76-10-501. Definitions.
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[(1) (a) The individual right to keep and bear arms being a constitutionally protected right,
283
the Legislature finds the need to provide uniform laws throughout the state. Except as specifically
284
provided by state law, a citizen of the United States or a lawfully admitted alien shall not be:]
285
[(i) prohibited from owning, possessing, purchasing, transporting, or keeping any firearm
286
at his place of residence, property, business, or in any vehicle under his control; or]
287
[(ii) required to have a permit or license to purchase, own, possess, transport, or keep a
288
firearm.]
289
[(b) This part is uniformly applicable throughout this state and in all its political
290
subdivisions and municipalities. All authority to regulate firearms shall be reserved to the state
291
except where the Legislature specifically delegates responsibility to local authorities. Unless
292
specifically authorized by the Legislature by statute, a local authority may not enact or enforce any
293
ordinance, regulation, or rule pertaining to firearms.]
294
[(2)] As used in this part:
295
(1) (a) [(i)] "Concealed dangerous weapon" means a dangerous weapon that is covered,
296
hidden, or secreted in a manner that the public would not be aware of its presence and is readily
297
accessible for immediate use.
298
[(ii)] (b) A dangerous weapon shall not be considered a concealed dangerous weapon if it
299
is a firearm which is unloaded and is securely encased.
300
[(b)] (2) "Crime of violence" means aggravated murder, murder, manslaughter, rape,
301
mayhem, kidnaping, robbery, burglary, housebreaking, extortion, or blackmail accompanied by
302
threats of violence, assault with a dangerous weapon, assault with intent to commit any offense
303
punishable by imprisonment for more than one year, arson punishable by imprisonment for more
304
than one year, or an attempt to commit any of these offenses.
305
[(c)] (3) "Criminal history background check" means a criminal background check
306
conducted by a licensed firearms dealer on every purchaser of a handgun through the division or
307
the local law enforcement agency where the firearms dealer conducts business.
308
[(d)] (4) "Dangerous weapon" means any item that in the manner of its use or intended use
309
is capable of causing death or serious bodily injury. The following factors shall be used in
310
determining whether a knife, or any other item, object, or thing not commonly known as a
311
dangerous weapon is a dangerous weapon:
312
[(i)] (a) the character of the instrument, object, or thing;
313
[(ii)] (b) the character of the wound produced, if any;
314
[(iii)] (c) the manner in which the instrument, object, or thing was used; and
315
[(iv)] (d) the other lawful purposes for which the instrument, object, or thing may be used.
316
[(e)] (5) "Dealer" means every person who is licensed under crimes and criminal
317
procedure, 18 U.S.C. 923 and engaged in the business of selling, leasing, or otherwise transferring
318
a handgun, whether the person is a retail or wholesale dealer, pawnbroker, or otherwise.
319
[(f)] (6) "Division" means the Criminal Investigations and Technical Services Division of
320
the Department of Public Safety, created in Section
53-10-103
.
321
(7) "Enter" means intrusion of the entire body.
322
[(g)] (8) "Firearm" means a pistol, revolver, shotgun, sawed-off shotgun, rifle or
323
sawed-off rifle, or any device that could be used as a dangerous weapon from which is expelled
324
a projectile by action of an explosive.
325
[(h)] (9) "Fully automatic weapon" means any firearm which fires, is designed to fire, or
326
can be readily restored to fire, automatically more than one shot without manual reloading by a
327
single function of the trigger.
328
[(i)] (10) "Firearms transaction record form" means a form created by the division to be
329
completed by a person purchasing, selling, or transferring a handgun from a dealer in the state.
330
[(j)] (11) "Handgun" means a pistol, revolver, or other firearm of any description, loaded
331
or unloaded, from which any shot, bullet, or other missile can be discharged, the length of which,
332
not including any revolving, detachable, or magazine breech, does not exceed 12 inches.
333
(12) "House of worship" means a church, temple, synagogue, mosque, or other building
334
set apart primarily for the purpose of worship in which religious services are held and the main
335
body of which is kept for that use and not put to any other use inconsistent with its primary
336
purpose.
337
(13) (a) "On school premises" means:
338
(i) in a public or private elementary or secondary school building; or
339
(ii) on school grounds made readily identifiable by enclosure or posting of signs.
340
(b) "On school premises" does not include the outdoor areas of implied access to the
341
school, which area consists of roadways, parking lots, and walkways and sidewalks which are
342
adjacent to a roadway or parking lot.
343
(14) "Private residence" means an improvement to real property used or occupied as a
344
primary or secondary residence.
345
[(k)] (15) "Prohibited area" means any place where it is unlawful to discharge a firearm.
346
[(l)] (16) "Readily accessible for immediate use" means that a firearm or other dangerous
347
weapon is carried on the person or within such close proximity and in such a manner that it can
348
be retrieved and used as readily as if carried on the person.
349
(17) "Responsible school administrator" means any person authorized by the public school
350
district or the governing board of a private elementary or secondary school to grant case-by-case
351
exceptions to any weapons prohibition.
352
[(m)] (18) "Sawed-off shotgun" or "sawed-off rifle" means a shotgun having a barrel or
353
barrels of fewer than 18 inches in length, or in the case of a rifle, having a barrel or barrels of fewer
354
than 16 inches in length, or any dangerous weapon made from a rifle or shotgun by alteration,
355
modification, or otherwise, if the weapon as modified has an overall length of fewer than 26
356
inches.
357
[(n)] (19) "Securely encased" means not readily accessible for immediate use, such as held
358
in a gun rack, or in a closed case or container, whether or not locked, or in a trunk or other storage
359
area of a motor vehicle, not including a glove box or console box.
360
Section 11.
Section
76-10-505.5
is amended to read:
361
76-10-505.5. Possession of a dangerous weapon, firearm, on school premises --
362
Penalties -- Exceptions.
363
(1) A person, including a person licensed to carry a concealed firearm under Title 53,
364
Chapter 5, Part 7, Concealed Weapon Act, may not knowingly or intentionally possess any
365
dangerous weapon, including a firearm[, or sawed-off shotgun], as those terms are defined in
366
Section
76-10-501
, at a place that the person knows, or has reasonable cause to believe, is on [or
367
about] school premises.
368
(2) (a) [Possession] Except as provided in Subsection (2)(c), possession of a dangerous
369
weapon which is not a firearm on [or about] school premises is a class B misdemeanor.
370
(b) [Possession] Except as provided in Subsection (2)(c), possession of a firearm [or
371
sawed-off shotgun] on [or about] school premises is a class A misdemeanor.
372
(c) A person licensed to carry a concealed firearm pursuant to Title 53, Chapter 5, Part 7,
373
Concealed Weapon Act, who violates Subsection (1) is guilty of a class C misdemeanor.
374
(3) This section [applies] does not apply to any person[, except persons authorized to
375
possess a firearm as provided under Sections
53-5-704
,
53-5-705
,
53A-3-502
,
76-10-511
,
376
76-10-523
, Subsection
76-10-504
(2), and as otherwise authorized by law.] whose possession of
377
the dangerous weapon or firearm is lawful and:
378
(a) the possession is approved by the responsible school administrator, including for
379
self-protection on a case-by-case basis; or
380
(b) the item or material is present or to be used in connection with a lawful, approved
381
activity and is in the possession or under the control of the person responsible for its possession
382
or use.
383
(4) This section does not prohibit prosecution of a more serious weapons offense that may
384
occur on [or about] school premises.
385
Section 12.
Section
76-10-530
is enacted to read:
386
76-10-530. Restricting dangerous weapons in a house of worship -- Defense -- Penalty.
387
(1) A person, including a person licensed to carry a concealed firearm pursuant to Title 53,
388
Chapter 5, Part 7, Concealed Weapon Act, may not knowingly or intentionally:
389
(a) transport a dangerous weapon into a house of worship; or
390
(b) enter or remain in a house of worship while in possession of a dangerous weapon.
391
(2) It is a defense to prosecution under this section that the person had permission of the
392
church or organization operating the house of worship to possess the dangerous weapon in or to
393
transport it into the house of worship.
394
(3) A violation of this section is a class C misdemeanor.
395
Section 13.
Section
76-10-531
is enacted to read:
396
76-10-531. Restricting dangerous weapons in a private residence -- Defense --
397
Penalty.
398
(1) A person, including a person licensed to carry a concealed firearm pursuant to Title 53,
399
Chapter 5, Part 7, Concealed Weapon Act, may not knowingly or intentionally:
400
(a) transport a dangerous weapon into a private residence; or
401
(b) enter or remain in a private residence while in possession of a dangerous weapon.
402
(2) It is a defense to prosecution under this section that the person had prior permission
403
to possess the dangerous weapon in the private residence of:
404
(a) the owner, lessee, or person with lawful right of possession of the private residence;
405
or
406
(b) a person with apparent authority to act for the person in Subsection (2)(a).
407
(3) A violation of this section is a class C misdemeanor.
408
Section 14.
Section
76-10-532
is enacted to read:
409
76-10-532. Restricting dangerous weapons and explosives in Olympic venue
410
controlled access areas -- Penalty -- Defense.
411
(1) A person, including a person licensed to carry a concealed firearm pursuant to Title 53,
412
Chapter 5, Part 7, Concealed Weapon Act, may not knowingly or intentionally transport into an
413
Olympic venue controlled access area, designated by rule pursuant to Section
53-12-301.1
:
414
(a) a firearm, ammunition, or dangerous weapon;
or
415
(b) an explosive, chemical, or incendiary device as those terms are defined in Section
416
76-10-306
.
417
(2) A violation of this section is:
418
(a) a third degree felony if the violation is with a firearm, ammunition, or dangerous
419
weapon; or
420
(b) a first degree felony if the violation is with an explosive, chemical, or incendiary
421
device.
422
(3) It is a defense to any prosecution under this section that the accused, in committing the
423
act made criminal by this section, acted in conformity with the rules authorized by Section
424
53-12-301.1
.
425
Section 15.
Section
78-3a-603
is amended to read:
426
78-3a-603. Certification hearings -- Juvenile court to hold preliminary hearing --
427
Factors considered by juvenile court for waiver of jurisdiction to district court.
428
(1) If a criminal information filed in accordance with Subsection
78-3a-502
(3) alleges the
429
commission of an act which would constitute a felony if committed by an adult, the juvenile court
430
shall conduct a preliminary hearing.
431
(2) At the preliminary hearing the state shall have the burden of going forward with its
432
case and the burden of establishing:
433
(a) probable cause to believe that a crime was committed and that the defendant committed
434
it; and
435
(b) by a preponderance of the evidence, that it would be contrary to the best interests of
436
the minor or of the public for the juvenile court to retain jurisdiction.
437
(3) In considering whether or not it would be contrary to the best interests of the minor or
438
of the public for the juvenile court to retain jurisdiction, the juvenile court shall consider, and may
439
base its decision on, the finding of one or more of the following factors:
440
(a) the seriousness of the offense and whether the protection of the community requires
441
isolation of the minor beyond that afforded by juvenile facilities;
442
(b) whether the alleged offense was committed by the minor in concert with two or more
443
persons under circumstances which would subject the minor to enhanced penalties under Section
444
76-3-203.1
were he an adult;
445
(c) whether the alleged offense was committed in an aggressive, violent, premeditated, or
446
willful manner;
447
(d) whether the alleged offense was against persons or property, greater weight being given
448
to offenses against persons, except as provided in Section
76-8-418
;
449
(e) the maturity of the minor as determined by considerations of his home, environment,
450
emotional attitude, and pattern of living;
451
(f) the record and previous history of the minor;
452
(g) the likelihood of rehabilitation of the minor by use of facilities available to the juvenile
453
court;
454
(h) the desirability of trial and disposition of the entire offense in one court when the
455
minor's associates in the alleged offense are adults who will be charged with a crime in the district
456
court;
457
(i) whether the minor used a firearm in the commission of an offense; and
458
(j) whether the minor possessed a dangerous weapon on [or about] school premises as
459
provided in Section
76-10-505.5
.
460
(4) The amount of weight to be given to each of the factors listed in Subsection (3) is
461
discretionary with the court.
462
(5) (a) Written reports and other materials relating to the minor's mental, physical,
463
educational, and social history may be considered by the court.
464
(b) If requested by the minor, the minor's parent, guardian, or other interested party, the
465
court shall require the person or agency preparing the report and other material to appear and be
466
subject to both direct and cross-examination.
467
(6) At the conclusion of the state's case, the minor may testify under oath, call witnesses,
468
cross-examine adverse witnesses, and present evidence on the factors required by Subsection (3).
469
(7) If the court finds the state has met its burden under Subsection (2), the court may enter
470
an order:
471
(a) certifying that finding; and
472
(b) directing that the minor be held for criminal proceedings in the district court.
473
(8) If an indictment is returned by a grand jury, the preliminary examination held by the
474
juvenile court need not include a finding of probable cause, but the juvenile court shall proceed
475
in accordance with this section regarding the additional consideration referred to in Subsection
476
(2)(b).
477
(9) The provisions of Section
78-3a-116
, Section
78-3a-913
, and other provisions relating
478
to proceedings in juvenile cases are applicable to the hearing held under this section to the extent
479
they are pertinent.
480
(10) A minor who has been directed to be held for criminal proceedings in the district
481
court is not entitled to a preliminary examination in the district court.
482
(11) A minor who has been certified for trial in the district court shall have the same right
483
to bail as any other criminal defendant and shall be advised of that right by the juvenile court
484
judge. The juvenile court shall set initial bail in accordance with Title 77, Chapter 20, Bail.
485
(12) When a minor has been certified to the district court under this section or when a
486
criminal information or indictment is filed in a court of competent jurisdiction before a committing
487
magistrate charging the minor with an offense described in Section
78-3a-602
, the jurisdiction of
488
the Division of Youth Corrections and the jurisdiction of the juvenile court over the minor is
489
terminated regarding that offense, any other offenses arising from the same criminal episode, and
490
any subsequent misdemeanors or felonies charged against him, except as provided in Subsection
491
(14).
492
(13) A minor may be convicted under this section on the charges filed or on any other
493
offense arising out of the same criminal episode.
494
(14) The juvenile court under Section
78-3a-104
and the Division of Youth Corrections
495
regain jurisdiction and any authority previously exercised over the minor when there is an
496
acquittal, a finding of not guilty, or dismissal of the charges in the district court.
Legislative Review Note
as of 1-22-99 10:08 AM
A limited legal review of this legislation raises no obvious constitutional or statutory concerns.