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H.B. 354 Enrolled
7 LONG TITLE
8 General Description:
9 This bill modifies provisions of the Bus Passenger Safety Act related to the carrying of
10 concealed dangerous weapons or hazardous materials or devices into a bus terminal or
11 aboard a bus.
12 Highlighted Provisions:
13 This bill:
14 . provides uniformity in the exceptions provisions of the Bus Passenger Safety Act
15 regarding individuals who may carry a weapon or firearm into a bus terminal or
16 onto a bus;
17 . modifies contradictory felony penalty provisions for a violation of boarding a bus
18 with a concealed dangerous weapon or firearm; and
19 . makes certain technical changes.
20 Monies Appropriated in this Bill:
22 Other Special Clauses:
24 Utah Code Sections Affected:
26 76-10-1504, as last amended by Chapters 13 and 282, Laws of Utah 1998
27 76-10-1507, as last amended by Chapter 282, Laws of Utah 1998
29 Be it enacted by the Legislature of the state of Utah:
30 Section 1. Section 76-10-1504 is amended to read:
31 76-10-1504. Bus hijacking -- Assault with intent to commit hijacking -- Use of a
32 dangerous weapon or firearm -- Penalties.
33 (1) (a) A person is guilty of bus hijacking if [
34 by force or violence or threat of force or violence, of [
35 (b) Bus hijacking is a first degree felony.
36 (2) (a) A person is guilty of assault with the intent to commit bus hijacking if [
37 person intimidates, threatens, or commits assault or battery toward [
38 guard, or any other person in control of a bus so as to interfere with the performance of duties
39 by [
40 (b) Assault with the intent to commit bus hijacking is a second degree felony.
41 (3) [
42 hijacking, uses a dangerous weapon, as defined in Section 76-1-601 , is guilty of a first degree
44 (4) (a) [
45 firearm upon his person or effects is guilty of a [
46 (b) The prohibition of Subsection (4)(a) does not apply to:
47 (i) [
49 individuals listed in Subsections 76-10-523 (1)(a), (b), (c), (d), and (e);
50 (ii) a person licensed to carry a concealed weapon; [
52 (iii) persons in possession of weapons or firearms with the consent of the owner of the
53 bus or [
54 Section 2. Section 76-10-1507 is amended to read:
55 76-10-1507. Exclusion of persons without bona fide business from terminal --
56 Firearms and dangerous materials -- Surveillance devices and seizure of offending
57 materials -- Detention of violators -- Private security personnel.
58 (1) (a) In order to provide for the safety, welfare and comfort of passengers, a bus
59 company may refuse admission to terminals to [
60 within the terminal. [
61 (b) The refusal [
62 regulations, or to [
64 (c) An authorized bus company representative may require [
65 to identify himself and state his business.
66 (d) Failure to comply with [
67 acceptable business purpose [
68 person depart the terminal. [
69 (e) A person who refuses to comply with [
70 Subsection (1)(d) is guilty of a class C misdemeanor.
71 (2) [
73 bus [
74 (b) The prohibition of Subsection (2)(a) does not apply to individuals listed in
75 Subsection 76-10-1504 (4).
76 (c) The bus company may employ reasonable means, including mechanical, electronic
77 or x-ray devices to detect [
79 (d) Upon the discovery of [
80 company may obtain possession and retain custody [
81 a peace officer.
82 (3) (a) An authorized bus company representative may detain within a terminal or bus
83 any person violating the provisions of this [
84 enforcement authorities arrive. [
85 (b) The detention [
86 company nor the representative [
87 unlawful imprisonment or assault, provided that only reasonable and necessary force is
88 exercised against [
89 (4) (a) A bus company may employ or contract for private security personnel. [
90 (b) The personnel may:
91 (i) detain within a terminal or bus [
92 this section for a reasonable time until law enforcement authorities arrive[
93 (ii) use reasonable and necessary force in subduing or detaining [
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