Representative Carl Wimmer
proposes the following amendments:
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:
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76-10-508, as last amended by Laws of Utah 2005, Chapter 220
ENACTS:
Section 76-10-508.1, Utah Code Annotated 1953
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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
or 76-10-508.1
involving discharging or allowing the
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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
or 76-10-508.1
involving discharging or allowing the
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(v) a felony violation of [Subsection ] Section
76-10-508
[(2)]
or 76-10-508.1
regarding discharge
of a
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firearm or dangerous weapon.
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(b) It
{
shall be
}
is
a defense to any
{
[
} charge for violating {
]
} {misdemeanor
violation of
}
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 not less
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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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(v) the discharge is not made in violation of Subsection
{
(3)
}
(1)
.
Section 4. Section 76-10-508.1 is enacted to read:
76-10-508.1. Felony Discharge of a firearm _ Penalties.
(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).