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H.B. 199
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DISRUPTION OF ACTIVITIES IN OR NEAR
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SCHOOL BUILDING
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2004 GENERAL SESSION
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STATE OF UTAH
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Sponsor: Carol Spackman Moss
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LONG TITLE
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General Description:
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This bill creates the offense of interfering with the peaceful activities of a school for
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kindergarten through 12th grade.
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Highlighted Provisions:
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This bill:
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. defines a school as a public or private K-12 school;
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. creates the offense of disrupting school activities by conduct at or near the school
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and not leaving when requested by the school administrator; and
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. provides for a class B penalty for the first and second offense, and a class A penalty
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for any subsequent offenses.
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Monies Appropriated in this Bill:
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None
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Other Special Clauses:
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None
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Utah Code Sections Affected:
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ENACTS:
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76-8-1401, Utah Code Annotated 1953
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76-8-1402, 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
76-8-1401
is enacted to read:
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Part 14. Disruption of School Activities
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76-8-1401. Definitions.
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As used in this part:
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(1) "Chief administrator" means the principal of a school or the chief administrator of a
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school that does not have a principal, and includes the administrator's designee or
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representative.
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(2) "School" means an elementary school or a secondary school that:
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(a) is a public or private school; and
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(b) provides instruction for one or more of the grades kindergarten through 12.
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Section 2.
Section
76-8-1402
is enacted to read:
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76-8-1402. Disruption of activities in or near school building -- Failure to leave --
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Reentry -- Penalties.
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(1) A person is guilty of an offense under Subsection (2):
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(a) who comes into any school building or upon any school ground, or street, sidewalk,
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or public way adjacent to any school building or ground;
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(b) whose presence or acts interfere with the peaceful conduct of the activities of any
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school or disrupt the school or its pupils or school activities; and
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(c) who:
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(i) remains upon the place under Subsection (1)(a) after being asked to leave by the
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chief administrator of that school; or
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(ii) enters again upon the place under Subsection (1)(a) within 72 hours after having
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been asked to leave under Subsection (1)(c)(i).
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(2) (a) A violation of Subsection (1) is subject to the penalties under Subsection (2)(b)
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unless the violation constitutes another offense subject to a greater penalty.
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(b) (i) The first and second violation of Subsection (1) are class B misdemeanors.
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(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.