House of Representatives
State of Utah
Mr. Speaker:
The Law Enforcement and Criminal Justice Committee reports a favorable recommendation on
H.B. 14, DISCHARGE OF FIREARM AMENDMENTS, by Representative C. Wimmer, with the
following amendments and recommends it be placed on the Consent Calendar.
not less
Respectfully,
DeMar "Bud" Bowman
Voting: 10-0-1
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76-10-508, as last amended by Laws of Utah 2005, Chapter 220
Section 76-10-508.1, Utah Code Annotated 1953
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3, Lines 65 through 67
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(x) any offense specified in Part 4, Uniform Commercial Driver License Act, that
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requires disqualification;
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(xi) a felony violation of Section
76-10-508
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3, Lines 83 through 86
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(b) The division shall immediately revoke the license of a person upon receiving a
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record of an adjudication under Title 78, Chapter 3a, Juvenile Court Act of 1996, for [any
of
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the following offenses]:
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(i) a felony violation of Section
76-10-508
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6, Lines 165 through 166
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(v) a felony violation of [Subsection ] Section
76-10-508
[(2)]
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(b) It
shall be
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is
a defense to any
{
[
}
charge for
violating
{
]
}
{
misdemeanor violation of
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this
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section that the person being accused had actual permission of the owner or person in
charge of
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(2)
[
}
A
{
]
}
{
Except as provided in Subsection (3), a
}
violation of
any provision of [this
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section] Subsection (1) is a class B misdemeanor [unless the actor discharges].
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(3) A person commits a felony offense subject to penalty under Subsection
(4) if the
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person violates any provision of Subsection (1) by discharging
}
a firearm
under any of the
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following circumstances not amounting to criminal homicide or attempted criminal
homicide
}
[,
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in which case it is a third degree felony and the convicted person shall be sentenced to an
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enhanced minimum term of three years in prison]
:
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(a) the actor discharges a firearm in the direction of any person or persons,
knowing or
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having reason to believe that any person may be endangered;
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(b) the actor, with intent to intimidate or harass another or with intent to
damage a
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habitable structure as defined in Subsection
76-6-101
(2), discharges a firearm in the
direction
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of any building; or
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(c) the actor, with intent to intimidate or harass another, discharges a firearm
in the
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direction of any vehicle.
}
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(4) A violation under Subsection (3):
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(a) is a felony of the third degree, punishable by imprisonment for a term of
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than three years nor more than five years, except as provided in Subsection (4)(b) or
(c);
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(b) that results in bodily injury to another is a felony of the second degree,
punishable
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by imprisonment for a term of not less than three years nor more than 15 years,
except as
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provided in Subsection (4)(c); or
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(c) that results in serious bodily injury to another is a first degree felony,
punishable by
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imprisonment for a term of not less than three years and which may be for life.
}
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[
}
(3)
{
]
}
{
(5)
}
{
The
}
In addition to any other penalties,
the
court shall:
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(a) notify the Driver License Division of the conviction for purposes of any
revocation,
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denial, suspension, or disqualification of a driver license under [Section ] Subsection
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53-3-220
(1)(a)(xi); and
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(b) specify in court at the time of sentencing the length of the revocation under
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Subsection
53-3-225
(1)(c).
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[
}
(4)
{
]
}
{
(6)
}
This section does not apply to a person who:
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(a) [who] discharges any kind of firearm when that person is in lawful defense of
self
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or others; [or]
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stop at a location other than within the boundaries of the firing range or training ground
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described in Subsection
(6)
}
(4)
(c)(i);
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9, Line 270
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(v) the discharge is not made in violation of Subsection
(3)
}
(1)
.
Section 4. Section 76-10-508.1 is enacted to read:
(1) Except as provided under Subsection (2) or (3), a person who discharges a
firearm under any of the circumstances not amounting to criminal homicide or
attempted criminal homicide is guilty of a third degree felony punishable by
imprisonment for a term of not less than three years nor more than five years if:
(a) the actor discharges a firearm in the direction of any person or persons,
knowing or having reason to believe that any person may be endangered by the
discharge of the firearm;
(b) the actor, with intent to intimidate or harass another or with intent to
damage a habitable structure as defined in Section 76-6-101, discharges a firearm in
the direction of any person or habitable structure; or
(c) the actor, with intent to intimidate or harass another, discharges a firearm
in the direction of any vehicle.
(2) A violation of Subsection (1) which causes injury to any person is a second
degree felony punishable by imprisonment for a term of not less than three years
nor more than fifteen years.
(3) A violation of Subsection (1) which causes serious bodily injury to any
person is a first degree felony.
(4) In addition to any other penalties for a violation of this section, the court
shall:
(a) notify the Driver License Division of the conviction for purposes of any
revocation, denial, suspension, or disqualification of a driver license under
Subsection 53-3-220(1)(a)(xi); and
(b) specify in court at the time of sentencing the length of the revocation under
Subsection 53-3-225(1)(c).
(5) This section does not apply to a person:
(a) who discharges any kind of firearm when that person is in lawful defense of
self or others;
(b) who is performing official duties as provided in Sections 23-20-1.5 or
76-10-523 or as otherwise authorized by law;
(c) discharges a dangerous weapon or firearm from an automobile or other
vehicle, if:
(i) the discharge occurs at a firing range or training ground;
(ii) at no time after the discharge does the projectile that is discharged cross
over or stop at a location other than within the boundaries of the firing range or
training ground described in Subsection (c)(i);
(iii) the discharge is made as practice or training for a lawful purpose;
(iv) the discharge and the location, time, and manner of the discharge are
approved by the owner or operator of the firing range or training ground prior to
the discharge; and
(v) the discharge is not made in violation of Subsection (1).
Committee Chair
4 HB0014.HC1.wpd 1/25/08 3:20 pm ssmith/SES SCA/SES
Bill Number
*HB0014*
HB0014