S.B. 220

1

DISORDERLY CONDUCT MODIFICATIONS
2 2014 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Curtis S. Bramble
5 House Sponsor: ____________
6
7 LONG TITLE
8 General Description:
9 This bill includes displaying a dangerous weapon under certain circumstances in the
10 definition of disorderly conduct.
11 Highlighted Provisions:
12 This bill:
13 . provides that displaying a dangerous weapon in public under certain circumstances
14 may be disorderly conduct;
15 . confirms that merely displaying a dangerous weapon in public without other
16 behavior is not disorderly conduct;
17 . adds a requirement that an arrest made for disorderly conduct related to the display
18 of a dangerous weapon be reported to the Concealed Firearm Review Board;
19 . requires the Concealed Firearm Review Board to submit an annual written report to
20 the Law Enforcement and Criminal Justice Interim Committee on arrests made for
21 disorderly conduct related to the display of a dangerous weapon;
22 . enacts a sunset review date; and
23 . makes technical changes.
24 Money Appropriated in this Bill:
25 None
26 Other Special Clauses:
27 None

28 Utah Code Sections Affected:
29 AMENDS:
30 53-5-703 , as last amended by Laws of Utah 2010, Chapters 62, 286, and 324
31 63I-1-253 , as last amended by Laws of Utah 2012, Chapter 369
32 76-9-102 , as last amended by Laws of Utah 1999, Chapter 20
33 ENACTS:
34 63I-1-276 , Utah Code Annotated 1953
35
36 Be it enacted by the Legislature of the state of Utah:
37 Section 1. Section 53-5-703 is amended to read:
38 53-5-703. Board -- Membership -- Compensation -- Terms -- Duties.
39 (1) There is created within the bureau the Concealed Firearm Review Board.
40 (2) (a) The board is comprised of not more than five members appointed by the
41 commissioner on a bipartisan basis.
42 (b) The board shall include a member representing law enforcement and at least two
43 citizens, one of whom represents sporting interests.
44 (3) (a) Except as required by Subsection (3)(b), as terms of current board members
45 expire, the commissioner shall appoint each new member or reappointed member to a four-year
46 term.
47 (b) Notwithstanding the requirements of Subsection (3)(a), the commissioner shall, at
48 the time of appointment or reappointment, adjust the length of terms to ensure that the terms of
49 board members are staggered so that approximately half of the board is appointed every two
50 years.
51 (4) When a vacancy occurs in the membership for any reason, the replacement shall be
52 appointed for the unexpired term.
53 (5) A member may not receive compensation or benefits for the member's service, but
54 may receive per diem and travel expenses in accordance with:
55 (a) Section 63A-3-106 ;
56 (b) Section 63A-3-107 ; and
57 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
58 63A-3-107 .

59 (6) The board shall meet at least quarterly, unless the board has no business to conduct
60 during that quarter.
61 (7) The board, upon receiving a timely filed petition for review, shall review within a
62 reasonable time the denial, suspension, or revocation of a permit or a temporary permit to carry
63 a concealed firearm.
64 (8) The board shall submit an annual written report to the Law Enforcement and
65 Criminal Justice Interim Committee before November 1 regarding the number of arrests made
66 in accordance with Subsection 76-9-102 (4).
67 Section 2. Section 63I-1-253 is amended to read:
68 63I-1-253. Repeal dates, Titles 53, 53A, and 53B.
69 The following provisions are repealed on the following dates:
70 (1) Section 53-3-232 , Conditional licenses, is repealed July 1, 2015.
71 (2) Subsection 53-5-703 (8) is repealed July 1, 2016.
72 [(2)] (3) Title 53A, Chapter 1a, Part 6, Public Education Job Enhancement Program is
73 repealed July 1, 2020.
74 [(3)] (4) The State Instructional Materials Commission, created in Section 53A-14-101 ,
75 is repealed July 1, 2016.
76 [(4)] (5) Subsections 53A-16-113 (3) and (4) are repealed December 31, 2016.
77 [(5)] (6) Section 53A-16-114 is repealed December 31, 2016.
78 [(6)] (7) Section 53A-17a-163 , Performance-based Compensation Pilot Program is
79 repealed July 1, 2016.
80 [(7)] (8) Subsection 53C-3-203 (4)(b)(vii), which provides for the distribution of money
81 from the Land Exchange Distribution Account to the Geological Survey for test wells, other
82 hydrologic studies, and air quality monitoring in the West Desert, is repealed July 1, 2020.
83 Section 3. Section 63I-1-276 is enacted to read:
84 63I-1-276. Repeal dates -- Title 76.
85 Subsection 76-9-102 (4) is repealed July 1, 2016.
86 Section 4. Section 76-9-102 is amended to read:
87 76-9-102. Disorderly conduct.
88 (1) A person is guilty of disorderly conduct if:
89 (a) [he] the person refuses to comply with the lawful order of [the police] a law

90 enforcement officer to move from a public place, or knowingly creates a hazardous or
91 physically offensive condition, by any act which serves no legitimate purpose; or
92 (b) intending to cause public inconvenience, annoyance, or alarm, or recklessly
93 creating a risk thereof, [he] the person:
94 (i) displays a dangerous weapon in a public place under circumstances that would
95 cause a reasonable person to fear for the safety of any person;
96 [(i)] (ii) engages in fighting or in violent, tumultuous, or threatening behavior;
97 [(ii)] (iii) makes unreasonable noises in a public place;
98 [(iii)] (iv) makes unreasonable noises in a private place which can be heard in a public
99 place; or
100 [(iv)] (v) obstructs vehicular or pedestrian traffic.
101 (2) "Public place," for the purpose of this section, means any place to which the public
102 or a substantial group of the public has access and includes but is not limited to streets,
103 highways, and the common areas of schools, hospitals, apartment houses, office buildings,
104 transport facilities, and shops.
105 (3) The mere possession of a dangerous weapon, whether visible or concealed, does
106 not constitute an offense under Subsection (1).
107 (4) A law enforcement agency shall report an arrest made for disorderly conduct
108 described in Subsection (1)(b)(i) to the Concealed Firearm Review Board, created in Section
109 53-5-703 , within 30 days.
110 [(3)] (5) Disorderly conduct is a class C misdemeanor if the offense continues after a
111 request by a person to desist. Otherwise it is an infraction.




Legislative Review Note
as of 9-17-13 3:15 PM

Office of Legislative Research and General Counsel