Download Zipped Amended WP 8.0 SB0161S1.ZIP 14,899 Bytes
[Introduced][Status][Bill Documents][Fiscal Note][Bills Directory]
First Substitute S.B. 161
Senator Lane Beattie proposes to substitute the following bill:
1
RESTRICTIONS ON WEAPONS -
2
ELEMENTARY AND SECONDARY SCHOOLS
3
2000 GENERAL SESSION
4
STATE OF UTAH
5
Sponsor: Lane Beattie
6
AN ACT RELATING TO WEAPONS; PROVIDING CROSS REFERENCES TO RESTRICTED
7
AREAS FOR CONCEALED FIREARM PERMIT HOLDERS; PROVIDING DEFINITIONS;
8
AMENDING RESTRICTIONS ON A PERSON, INCLUDING A CONCEALED FIREARM
9
PERMIT HOLDER, ON ELEMENTARY AND SECONDARY SCHOOL PREMISES;
10
PRESCRIBING EXCEPTIONS; PROVIDING FOR CONFIDENTIALITY AND
11
NONDISCRIMINATION REGARDING NOTIFICATION; PRESCRIBING PENALTIES; AND
12
MAKING CONFORMING AMENDMENTS.
13
This act affects sections of Utah Code Annotated 1953 as follows:
14
AMENDS:
15
53-5-710, as last amended by Chapter 366, Laws of Utah 1999
16
53A-3-502, as enacted by Chapter 2, Laws of Utah 1988
17
53A-11-904, as last amended by Chapter 74, Laws of Utah 1996
18
76-3-203.2, as last amended by Chapter 289, Laws of Utah 1997
19
76-10-505.5, as last amended by Chapters 10 and 289, Laws of Utah 1997
20
76-10-523, as last amended by Chapters 57 and 144, Laws of Utah 1997
21
Be it enacted by the Legislature of the state of Utah:
22
Section 1.
Section
53-5-710
is amended to read:
23
53-5-710. Cross-references to concealed firearm permit restrictions.
24
A person with a permit to carry a concealed firearm may not carry a concealed firearm in
25
the following locations:
26
(1) on school premises in violation of Section
75-10-505.5
;
27
[(1)] (2) any secure area prescribed in Section
76-10-523.5
in which firearms are
28
prohibited and notice of the prohibition posted;
29
[(2)] (3) in any airport secure area as provided in Section
76-10-529
;
30
[(3)] (4) in any house of worship or in any private residence where dangerous weapons are
31
prohibited as provided in Section
76-10-530
; or
32
[(4)] (5) at an Olympic venue secure area in violation of Section
76-10-531
.
33
Section 2.
Section
53A-3-502
is amended to read:
34
53A-3-502. Dangerous materials in the public schools -- Class B misdemeanor --
35
Exceptions.
36
(1) A person who possesses [a weapon, explosive, flammable material, or other] material
37
dangerous to persons or property, other than a dangerous weapon restricted under Section
38
76-10-505.5
or an explosive, chemical, or incendiary device restricted under Section
76-10-306
,
39
in a public or private elementary or secondary school, on the grounds of the school, or in those
40
parts of a building, park, or stadium which are being used for an activity sponsored by or through
41
the school is guilty of a class B misdemeanor, unless a higher penalty is prescribed in Title 76,
42
Criminal Code, in which case the penalty provisions of that title control.
43
(2) Subsection (1) does not apply under the following circumstances:
44
(a) possession is approved by the responsible school administrator; or
45
(b) the item or material is present or to be used in connection with a lawful, approved
46
activity and is in the possession or under the control of the person responsible for its possession
47
or use.
48
Section 3.
Section
53A-11-904
is amended to read:
49
53A-11-904. Grounds for suspension or expulsion from a public school.
50
(1) A student may be suspended or expelled from a public school for any of the following
51
reasons:
52
(a) frequent or flagrant willful disobedience, defiance of proper authority, or disruptive
53
behavior, including the use of foul, profane, vulgar, or abusive language;
54
(b) willful destruction or defacing of school property;
55
(c) behavior or threatened behavior which poses an immediate and significant threat to the
56
welfare, safety, or morals of other students or school personnel or to the operation of the school;
57
(d) possession, control, or use of an alcoholic beverage as defined in Section
32A-1-105
;
58
or
59
(e) behavior proscribed under Subsection (2) which threatens harm or does harm to the
60
school or school property, to a person associated with the school, or property associated with any
61
such person, regardless of where it occurs.
62
(2) (a) A student shall be suspended or expelled from a public school for any of the
63
following reasons:
64
(i) any serious violation affecting another student or a staff member, or any serious
65
violation occurring in a school building, in or on school property, or in conjunction with any
66
school activity, including the possession, control, or actual or threatened use of a real, look alike,
67
or pretend weapon, explosive, or noxious or flammable material under [Section] Sections
68
53A-3-502
,
76-10-306
, or
76-10-505.5
, or the sale, control, or distribution of a drug or controlled
69
substance as defined in Section
58-37-2
, an imitation controlled substance defined in Section
70
58-37b-2
, or drug paraphernalia as defined in Section
58-37a-3
; or
71
(ii) the commission of an act involving the use of force or the threatened use of force
72
which if committed by an adult would be a felony or class A misdemeanor.
73
(b) A student who commits a violation of Subsection (2)(a) involving a real, look alike,
74
or pretend firearm, explosive, or flammable material shall be expelled from school for a period of
75
not less than one year, unless the district superintendent determines, on a case-by-case basis, that
76
a lesser penalty would be more appropriate.
77
(3) A student may be denied admission to a public school on the basis of having been
78
expelled from that or any other school during the preceding 12 months.
79
(4) A suspension or expulsion under this section is not subject to the age limitations under
80
Subsection
53A-11-102
(1).
81
Section 4.
Section
76-3-203.2
is amended to read:
82
76-3-203.2. Definitions -- Use of dangerous weapon in offenses committed on or
83
about school premises -- Enhanced penalties.
84
(1) For purposes of this section:
85
(a) "On or about school premises" as used in this section [and Section
76-10-505.5
] means
86
any of the following:
87
(i) in a public or private elementary, secondary, or on the grounds of any of those schools;
88
(ii) in a public or private vocational school or postsecondary institution or on the grounds
89
of any of those schools or institutions;
90
(iii) in those portions of any building, park, stadium, or other structure or grounds which
91
are, at the time of the act, being used for an activity sponsored by or through a school or institution
92
under Subsections (1)(a)(i) and (ii);
93
(iv) in or on the grounds of a preschool or child-care facility; and
94
(v) within 1,000 feet of any structure, facility, or grounds included in Subsections (1)(a)(i),
95
(ii), (iii), and (iv).
96
(b) As used in this section:
97
(i) "Educator" means any person who is employed by a public school district and who is
98
required to hold a certificate issued by the State Board of Education in order to perform duties of
99
employment.
100
(ii) "Within the course of employment" means that an educator is providing services or
101
engaging in conduct required by the educator's employer to perform the duties of employment.
102
(2) Any person who, on or about school premises, commits any offense and uses or
103
threatens to use a dangerous weapon, as defined in Section
76-1-601
, in the commission of the
104
offense is subject to an enhanced degree of offense as provided in [Subsection] Subsections (4)
105
and (5).
106
(3) (a) Any person who commits an offense against an educator when the educator is
107
acting within the course of employment is subject to an enhanced degree of offense as provided
108
in [Subsection] Subsections (4) and (5).
109
(b) As used in Subsection (3)(a), "offense" means [an] any offense:
110
(i) under Title 76, Chapter 5, Offenses Against The Person; [and] or
111
[(c) an offense] (ii) under Title 76, Chapter 6, Part 3, Robbery.
112
(4) The enhanced degree of offense for offenses committed under this section are:
113
(a) if the offense is otherwise a class B misdemeanor, it is a class A misdemeanor;
114
(b) if the offense is otherwise a class A misdemeanor, it is a third degree felony;
115
(c) if the offense is otherwise a third degree felony, it is a second degree felony; or
116
(d) if the offense is otherwise a second degree felony, it is a first degree felony.
117
(5) The enhanced penalty for a first degree felony offense of a convicted person:
118
(a) shall be imprisonment for a term of not less than five years and which may be for life,
119
and imposition or execution of the sentence may not be suspended unless the court:
120
(i) finds that the interests of justice would be best served; and
121
(ii) states the specific circumstances justifying the disposition on the record; and
122
(b) shall [be] subject the person also to the dangerous weapon enhancement provided in
123
Section
76-3-203
except for an offense committed under Subsection (3) that does not involve a
124
firearm.
125
(6) (a) The prosecuting attorney, or grand jury if an indictment is returned, shall provide
126
notice upon the information or indictment that the defendant is subject to the enhanced degree of
127
offense or penalty under Subsection (4) or (5).
128
(b) The notice shall be in a clause separate from and in addition to the substantive offense
129
charged.
130
[(b)] (c) If the notice is not included initially, the court may subsequently allow the
131
prosecutor to amend the charging documents to include the notice if the court finds:
132
(i) the charging document, including any statement of probable cause, provide notice to
133
the defendant of the allegation he committed the offense on or about school premises[,]; or [if the
134
court finds]
135
(ii) the defendant has not otherwise been substantially prejudiced by the omission.
136
(7) [In] The convicted person may not be subject to the dangerous weapon enhancement
137
in Section
76-3-203
:
138
(a) in cases where an offense is enhanced pursuant to Subsection (4)(a), (b), (c), or (d)[,];
139
or
140
(b) under Subsection (5)(a) for an offense committed under Subsection (2) that does not
141
involve a firearm[, the convicted person shall not be subject to the dangerous weapon enhancement
142
in Section
76-3-203
].
143
Section 5.
Section
76-10-505.5
is amended to read:
144
76-10-505.5. Possession of a dangerous weapon or firearm on school premises --
145
Penalties -- Exceptions -- Concealed firearm provisions.
146
(1) For purposes of this section:
147
(a) "On school premises" means:
148
(i) in a public or private elementary or secondary school building;
149
(ii) the clearly identifiable grounds of the school; or
150
(iii) those parts of any other building, facility, or real property that may be used for other
151
functions but are, at the time in question, being used exclusively for an activity sponsored by or
152
through the school.
153
(b) "Regular school day" includes one hour before the beginning of regularly scheduled
154
classroom instruction through one hour after the end of regularly scheduled classroom instruction.
155
[(1) A] (2) Except as provided in Subsection (4), a person may not knowingly and
156
intentionally possess any dangerous weapon, including a firearm, [or sawed-off shotgun,] as those
157
terms are defined in Section
76-10-501
, at a place that the person knows, or has reasonable cause
158
to believe, is on [or about] school premises.
159
[(2)] (3) (a) Possession of a dangerous weapon which is not a firearm on [or about] school
160
premises is a class B misdemeanor.
161
(b) Possession of a firearm [or sawed-off shotgun] on [or about] school premises is a class
162
A misdemeanor, except as provided in Subsections (4) and (6).
163
[(3) This section] (4) The prohibition in Subsection (2) applies to any person[,] except
164
[persons authorized to possess a firearm as provided under Sections
53-5-704
,
53-5-705
,
165
53A-3-502
,
76-10-511
,
76-10-523
, Subsection
76-10-504
(2), and as otherwise authorized by law.]
166
as follows:
167
(a) a person who is authorized to possess a firearm at his place of residence by Section
168
76-10-511
;
169
(b) a sworn, full-time law enforcement officer defined in Section
53-13-103
;
170
(c) a person listed in Subsections
76-10-523
(1)(a) through (1)(e), other than a sworn,
171
full-time law enforcement officer, so long as the person prior to or immediately upon entering a
172
school building during the regular school day goes to the principal's office to notify the principal,
173
or his designee if the principal is unavailable, that he is carrying a firearm, unless he is a peace
174
officer responding to a public safety need and acting within the scope of his authority under Title
175
53, Chapter 13, Peace Officer Classifications; and
176
(d) a person licensed to carry a concealed firearm is permitted to possess a firearm:
177
(i) regardless of whether it is during the regular school day, on parking lots, streets,
178
sidewalks, or walkways that:
179
(A) are adjacent to, or cross school property; and
180
(B) are freely accessible to, and intended for use by, the general public for public and
181
private purposes; or
182
(ii) in a school building or on school premises, other than those locations permitted by
183
Subsection (4)(d)(i), during the regular school day so long as the person, prior to entering or
184
immediately upon entering on school premises, notifies the principal, or his designee if the
185
principal is unavailable, that he is carrying a concealed firearm.
186
(5) (a) The person may indicate to the principal or his designee during the notification in
187
Subsection (4)(d)(ii) how often and under what types of circumstances he might be carrying a
188
concealed firearm on school premises.
189
(b) The person shall repeat the notification required in Subsection (4)(d)(ii) to each new
190
principal.
191
(6) A person who knowingly and intentionally fails to notify as required by Subsections
192
(4)(d)(ii) and (5) is guilty of S [
a class C misdemeanor
]
AN INFRACTION
s .
193
(7) (a) The notification by a person pursuant to Subsections (4) and (5) to the school
194
principal or his designee shall be kept confidential by the principal or his designee except that the
195
principal or his designee may notify law enforcement personnel if the principal or his designee
196
reasonably believes it is the intent of the person to bring harm to himself or others.
197
(b) A person employed by the administration of a school or school district who is
198
convicted for identifying or discriminating in any way against any person who has notified the
199
administration pursuant to this section:
200
(i) upon the first conviction of violating S [
Subsections (5) and (6)
]
SUBSECTION (7)
s , is
200a
guilty of an infraction;
201
and
202
(ii) upon a second conviction of violating S [
Subsections (5) and (6)
]
SUBSECTION (7)
s , is
202a
guilty of a class C
203
misdemeanor.
204
[(4)] (8) This section does not prohibit prosecution of a more serious weapons offense that
205
may occur on or about school premises.
206
Section 6.
Section
76-10-523
is amended to read:
207
76-10-523. Persons exempt from weapons laws.
208
(1) [This] Except as provided in Section
76-10-505.5
, this part and Title 53, Chapter 5,
209
Part 7, Concealed Weapon Act, do not apply to any of the following:
210
(a) a United States marshal while engaged in the performance of his official duties;
211
(b) a federal official required to carry a firearm while engaged in the performance of his
212
official duties;
213
(c) a peace officer of this or any other jurisdiction while engaged in the performance of his
214
official duties;
215
(d) a law enforcement official as defined and qualified under Section
53-5-711
;
216
(e) a judge as defined and qualified in Section
53-5-711
;
217
(f) a common carrier while engaged in the regular and ordinary transport of firearms as
218
merchandise; or
219
(g) a nonresident traveling in or through the state, provided that any firearm is:
220
(i) unloaded; and
221
(ii) securely encased as defined in Section
76-10-501
.
222
(2) The provisions of Subsections
76-10-504
(1)(a), (1)(b), and Section
76-10-505
do not
223
apply to any person to whom a permit to carry a concealed firearm has been issued:
224
(a) pursuant to Section
53-5-704
; or
225
(b) by another state whose requirements for issuance of a concealed firearm permit have
226
been determined annually by the Department of Public Safety to meet or exceed the requirements
227
for issuance of a concealed firearm permit in this state.
[Bill Documents][Bills Directory]