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H.B. 199
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7 LONG TITLE
8 General Description:
9 This bill creates the offense of interfering with the peaceful activities of a school for
10 kindergarten through 12th grade.
11 Highlighted Provisions:
12 This bill:
13 . defines a school as a public or private K-12 school;
14 . creates the offense of disrupting school activities by conduct at or near the school
15 and not leaving when requested by the school administrator; and
16 . provides for a class B penalty for the first and second offense, and a class A penalty
17 for any subsequent offenses.
18 Monies Appropriated in this Bill:
19 None
20 Other Special Clauses:
21 None
22 Utah Code Sections Affected:
23 ENACTS:
24 76-8-1401, Utah Code Annotated 1953
25 76-8-1402, Utah Code Annotated 1953
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27 Be it enacted by the Legislature of the state of Utah:
28 Section 1. Section 76-8-1401 is enacted to read:
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30 76-8-1401. Definitions.
31 As used in this part:
32 (1) "Chief administrator" means the principal of a school or the chief administrator of a
33 school that does not have a principal, and includes the administrator's designee or
34 representative.
35 (2) "School" means an elementary school or a secondary school that:
36 (a) is a public or private school; and
37 (b) provides instruction for one or more of the grades kindergarten through 12.
38 Section 2. Section 76-8-1402 is enacted to read:
39 76-8-1402. Disruption of activities in or near school building -- Failure to leave --
40 Reentry -- Penalties.
41 (1) A person is guilty of an offense under Subsection (2):
42 (a) who comes into any school building or upon any school ground, or street, sidewalk,
43 or public way adjacent to any school building or ground;
44 (b) whose presence or acts interfere with the peaceful conduct of the activities of any
45 school or disrupt the school or its pupils or school activities; and
46 (c) who:
47 (i) remains upon the place under Subsection (1)(a) after being asked to leave by the
48 chief administrator of that school; or
49 (ii) enters again upon the place under Subsection (1)(a) within 72 hours after having
50 been asked to leave under Subsection (1)(c)(i).
51 (2) (a) A violation of Subsection (1) is subject to the penalties under Subsection (2)(b)
52 unless the violation constitutes another offense subject to a greater penalty.
53 (b) (i) The first and second violation of Subsection (1) are class B misdemeanors.
54 (ii) A third and any subsequent violations of Subsection (1) are class A misdemeanors.
Legislative Review Note
as of 10-1-03 9:41 AM
A limited legal review of this legislation raises no obvious constitutional or statutory concerns.