H.B. 354 Enrolled

1

BUS PASSENGER SAFETY ACT AMENDMENTS
2 2007 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Mark W. Walker
5 Senate Sponsor: Michael G. Waddoups
6
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:
21 None
22 Other Special Clauses:
23 None
24 Utah Code Sections Affected:
25 AMENDS:
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
28
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 [he] the person seizes or exercises control,
34 by force or violence or threat of force or violence, of [any] a bus within the state.
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 [he] the
37 person intimidates, threatens, or commits assault or battery toward [any] a driver, attendant,
38 guard, or any other person in control of a bus so as to interfere with the performance of duties
39 by [such] the person.
40 (b) Assault with the intent to commit bus hijacking is a second degree felony.
41 (3) [Any] A person who, in the commission of assault with intent to commit bus
42 hijacking, uses a dangerous weapon, as defined in Section 76-1-601 , is guilty of a first degree
43 felony.
44 (4) (a) [Any] A person who boards a bus with a concealed dangerous weapon or
45 firearm upon his person or effects is guilty of a [second] third degree felony.
46 (b) The prohibition of Subsection (4)(a) does not apply to:
47 (i) [elected or appointed peace officers or commercial security personnel who are in
48 possession of weapons or firearms used in the course and scope of their employment, or]
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; [nor shall the prohibition apply to]
51 or
52 (iii) persons in possession of weapons or firearms with the consent of the owner of the
53 bus or [his] the owner's agent, or the lessee or bailee of the bus.
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 [any] a person not having bona fide business
60 within the terminal. [Any such]
61 (b) The refusal [shall] may not be inconsistent or contrary to state or federal laws or
62 regulations, or to [any] an ordinance of the political subdivision in which the terminal is
63 located.
64 (c) An authorized bus company representative may require [any] a person in a terminal
65 to identify himself and state his business.
66 (d) Failure to comply with [such] a request under Subsection (1)(c) or to state an
67 acceptable business purpose [shall be] is grounds for the representative to request that the
68 person depart the terminal. [Any]
69 (e) A person who refuses to comply with [such] a request [shall be] made under
70 Subsection (1)(d) is guilty of a class C misdemeanor.
71 (2) [Any] (a) A person who carries a concealed dangerous weapon, firearm, or any
72 [explosive,] highly inflammable or hazardous materials or devices into a terminal or aboard a
73 bus [shall be] is guilty of a third degree felony.
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 [such] the items concealed in baggage or upon the person of [any] a
78 passenger.
79 (d) Upon the discovery of [any such] an item referred to in Subsection (2)(a), the
80 company may obtain possession and retain custody [thereof] of the item until it is transferred to
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 [act] section for a reasonable time until law
84 enforcement authorities arrive. [Such]
85 (b) The detention [shall] does not constitute unlawful imprisonment and neither the bus

86 company nor the representative [shall be] is civilly or criminally liable upon grounds of
87 unlawful imprisonment or assault, provided that only reasonable and necessary force is
88 exercised against [any] the detained person [so detained].
89 (4) (a) A bus company may employ or contract for private security personnel. [Such]
90 (b) The personnel may:
91 (i) detain within a terminal or bus [any] a person violating [the provisions of this act]
92 this section for a reasonable time until law enforcement authorities arrive[,]; and [may]
93 (ii) use reasonable and necessary force in subduing or detaining [any] the person
94 [violating this act].