H.B. 28

1

CAMPUS SAFETY AMENDMENTS
2 2013 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Don L. Ipson
5 Senate Sponsor: ____________
6
7 LONG TITLE
8 Committee Note:
9 The Law Enforcement and Criminal Justice Interim Committee recommended this bill.
10 General Description:
11 This bill modifies the Criminal Code by amending provisions relating to persons
12 interfering or trespassing on property owned by an institution of higher education.
13 Highlighted Provisions:
14 This bill:
15 . provides and amends definitions;
16 . provides that a chief administrative officer may order a person to leave property that
17 is owned, operated, or controlled by an institution of higher education if the person:
18 . acts to do certain things; or
19 . is reckless as to whether the person's actions will cause fear for the safety of
20 another;
21 . provides that a person is guilty of criminal trespass upon an institution of higher
22 education if the person:
23 . enters or remains on property that is owned, operated, or controlled by an
24 institution of higher education after being ordered to leave; or
25 . enters or remains without authorization upon property that is owned, operated,
26 or controlled by an institution of higher education if notice against entry or
27 remaining has been given;

28 . repeals certain provisions relating to interfering or intending to interfere with
29 campus activities, violating rules and regulations of the institution, and failing to
30 leave when ordered; and
31 . makes technical changes.
32 Money Appropriated in this Bill:
33 None
34 Other Special Clauses:
35 None
36 Utah Code Sections Affected:
37 AMENDS:
38 76-8-701, as last amended by Laws of Utah 2010, Chapter 211
39 76-8-702, as enacted by Laws of Utah 1973, Chapter 196
40 76-8-705, as enacted by Laws of Utah 1973, Chapter 196
41 76-8-709, as enacted by Laws of Utah 1973, Chapter 196
42 76-8-717, as enacted by Laws of Utah 1973, Chapter 196
43 REPEALS AND REENACTS:
44 76-8-703, as enacted by Laws of Utah 1973, Chapter 196
45 REPEALS:
46 76-8-704, as enacted by Laws of Utah 1973, Chapter 196
47 76-8-708, as enacted by Laws of Utah 1973, Chapter 196
48 76-8-710, as enacted by Laws of Utah 1973, Chapter 196
49 76-8-711, as enacted by Laws of Utah 1973, Chapter 196
50 76-8-712, as enacted by Laws of Utah 1973, Chapter 196
51 76-8-713, as enacted by Laws of Utah 1973, Chapter 196
52 76-8-718, as enacted by Laws of Utah 1973, Chapter 196
53
54 Be it enacted by the Legislature of the state of Utah:
55 Section 1. Section 76-8-701 is amended to read:
56 76-8-701. Definitions.
57 For the purposes of this part:
58 (1) "Chief administrative officer" means the president of [a private or state] an

59 institution of higher education or [the officer] a person designated by the president [or by the
60 governing board] of the institution to administer the affairs of a campus or other facility owned
61 by the institution or operated or controlled by the governing board of the institution.
62 [(2) "School" or "institution of higher education" means any private institution of
63 higher education or any state institution of higher education as defined in Section 53B-1-102 .]
64 [(3) "State institution of higher education" includes the University of Utah, Utah State
65 University, Southern Utah University, Weber State University, Snow College, Dixie State
66 College of Utah, Utah Valley University, Salt Lake Community College, and any other
67 university or college which may be established and maintained by the state, and includes any
68 branch or affiliated institution and any campus or facility owned, operated, or controlled by the
69 governing board of the university or college.]
70 (2) "Enter" means intrusion of the entire body.
71 (3) "Institution" or "institution of higher education" means:
72 (a) a state institution of higher education as defined in Section 53B-3-102 ; or
73 (b) a private institution of higher education in the state accredited by a regional or
74 national accrediting agency recognized by the United States Department of Education.
75 Section 2. Section 76-8-702 is amended to read:
76 76-8-702. Purpose.
77 It is the purpose of this part to:
78 (1) supplement and clarify the power vested in the governing board of each [private or
79 state] institution of higher education; and [to]
80 (2) regulate, conduct, and enforce law and order on property owned, operated, or
81 controlled by [it] each institution of higher education.
82 Section 3. Section 76-8-703 is repealed and reenacted to read:
83 76-8-703. Criminal trespass upon an institution of higher education.
84 (1) (a) A chief administrative officer may order a person to leave property that is
85 owned, operated, or controlled by an institution of higher education if the person:
86 (i) acts to:
87 (A) cause injury to a person;
88 (B) cause damage to property;
89 (C) commit a crime;

90 (D) interfere with the peaceful conduct of the activities of the institution;
91 (E) violate any rule or regulation of the institution if that rule or regulation is not in
92 conflict with state law; or
93 (F) disrupt the institution, its pupils, or the institution's activities; or
94 (ii) is reckless as to whether the person's actions will cause fear for the safety of
95 another.
96 (b) A person is guilty of criminal trespass upon an institution of higher education if the
97 person enters or remains on property that is owned, operated, or controlled by an institution of
98 higher education after being ordered to leave under Subsection (1)(a).
99 (2) A person is guilty of criminal trespass upon an institution of higher education if the
100 person enters or remains without authorization upon property that is owned, operated, or
101 controlled by an institution of higher education if notice against entry or remaining has been
102 given by:
103 (a) personal communication to the person by the chief administrative officer or a
104 person with apparent authority to act for the institution;
105 (b) the posting of signs reasonably likely to come to the attention of trespassers;
106 (c) fencing or other enclosure obviously designed to exclude trespassers; or
107 (d) a current order of suspension or expulsion.
108 (3) If a person receives a notice against entry or remaining under Subsection (2) and
109 the person is an employee or student of the institution of higher education, the institution of
110 higher education shall afford the student or employee due process in accordance with the
111 institution of higher education's rules and regulations.
112 (4) A person who violates this section shall be punished as provided in Section
113 76-8-717 .
114 Section 4. Section 76-8-705 is amended to read:
115 76-8-705. Willful interference with lawful activities of students or faculty.
116 [(1) If any person on the campus of a private or state institution of higher education or
117 upon any other facility owned or controlled by the governing board of the institution, willfully]
118 A person is guilty of a class C misdemeanor if, on property that is owned, operated, or
119 controlled by an institution of higher education, the person willfully:
120 (1) denies to [students, school officials, employees, or invitees] a student, school

121 official, employee, or invitee lawful:
122 (a) [Lawful] freedom of movement[,];
123 (b) [Lawful] use of the property or facilities[,]; or
124 (c) [Lawful] ingress or egress to the institution's physical facilities[, that person is
125 guilty of a class C misdemeanor.];
126 [(2) If any person upon the campus of a private or state institution of higher education
127 or upon any other facility owned or controlled by the governing board of the institution,
128 willfully]
129 (2) impedes [the faculty or staff] a faculty or staff member of the institution in the
130 lawful performance of [their] the member's duties[,]; or [willfully]
131 (3) impedes a student of the institution in the lawful pursuit of [his] the student's
132 educational activities[, that person is guilty of a class C misdemeanor].
133 Section 5. Section 76-8-709 is amended to read:
134 76-8-709. Enforcement of laws by local agencies not limited.
135 Nothing in this [act] part shall limit:
136 (1) the right or duty of any local law enforcement agency to enforce the law which it
137 had prior to this enactment[.]; or
138 (2) the right of any state or local law enforcement agency to enforce the laws of this
139 state.
140 Section 6. Section 76-8-717 is amended to read:
141 76-8-717. Violations -- Classifications of offenses.
142 [Any student or employee] Except as otherwise provided, a person found guilty of a
143 violation of [those sections which specify this section as prescribing the punishment] this part
144 shall be punished as follows:
145 (1) [Upon] upon the first and second conviction, [shall be punished as] the person is
146 guilty of a class B misdemeanor[.]; or
147 (2) [If the defendant has] if the person has previously been convicted two or more
148 times of a violation of [any offense specified punishable under this section, he shall be
149 punished for] this part, the person is guilty of a class A misdemeanor.
150 Section 7. Repealer.
151 This bill repeals:

152 Section 76-8-704, Violation of rule or regulation of institution -- Failure to leave
153 when ordered.
154 Section 76-8-708, Enforcement of rules or regulations of institutions -- Privilege of
155 information acquired in proceedings.
156 Section 76-8-710, Disruption of activities in or near school building -- Failure to
157 leave or re-entry.
158 Section 76-8-711, Withdrawal of consent to remain on campus or facility -- Report
159 and confirmation of action -- Reinstatement -- Hearing -- Re-entry -- Powers of
160 suspension, dismissal or expulsion not affected.
161 Section 76-8-712, Re-entry of campus or facility after denial of access as condition
162 of suspension or dismissal -- Presumption of knowledge.
163 Section 76-8-713, Person not a student, officer or employee -- Re-entry of campus
164 or facility after direction to leave.
165 Section 76-8-718, Enforcement rights of state or local law enforcement authority
166 not limited.




Legislative Review Note
as of 11-14-12 12:53 PM

Office of Legislative Research and General Counsel

[Bill Documents]