H.B. 350 Weapons on Public Transportation
| Bill Sponsor:  Rep. Thurston, Norman K | Floor Sponsor:  Sen. Bramble, Curtis S. |
- Drafting Attorney: Esther Chelsea-McCarty
- Fiscal Analyst: Gary R. Syphus
- Bill Text
- Introduced
(Currently Displayed)
- Introduced
- Related Documents
- Information
- Last Action: 12 Mar 2015, House/ filed
- Last Location: House file for bills not passed
Introduced
Printer FriendlyH.B. 350
1 WEAPONS ON PUBLIC TRANSPORTATION
22015 GENERAL SESSION
3STATE OF UTAH
4Chief Sponsor: Norman K Thurston
5Senate Sponsor: Curtis S. Bramble
6
7 LONG TITLE
8 General Description:
9 This bill eliminates the prohibition of carrying a firearm on a bus.
10 Highlighted Provisions:
11 This bill:
12 ▸ eliminates the prohibition of carrying a firearm on a bus.
13 Money Appropriated in this Bill:
14 None
15 Other Special Clauses:
16 None
17 Utah Code Sections Affected:
18 AMENDS:
19 76-10-1504, as last amended by Laws of Utah 2007, Chapter 310
20 76-10-1507, as last amended by Laws of Utah 2007, Chapter 310
21 77-23a-8, as last amended by Laws of Utah 2013, Chapter 196
22
23 Be it enacted by the Legislature of the state of Utah:
24 Section 1. Section 76-10-1504 is amended to read:
25 76-10-1504. Bus hijacking -- Assault with intent to commit hijacking -- Use of a
26 dangerous weapon -- Penalties.
27 (1) (a) A person is guilty of bus hijacking if the person seizes or exercises control, by
28 force or violence or threat of force or violence, of a bus within the state.
29 (b) Bus hijacking is a first degree felony.
30 (2) (a) A person is guilty of assault with the intent to commit bus hijacking if the
31 person intimidates, threatens, or commits assault or battery toward a driver, attendant, guard, or
32 any other person in control of a bus so as to interfere with the performance of duties by the
33 person.
34 (b) Assault with the intent to commit bus hijacking is a second degree felony.
35 (3) A person who, in the commission of assault with intent to commit bus hijacking,
36 uses a dangerous weapon, as defined in Section 76-1-601, is guilty of a first degree felony.
37 [(4) (a) A person who boards a bus with a concealed dangerous weapon or firearm
38upon his person or effects is guilty of a third degree felony.]
39 [(b) The prohibition of Subsection (4)(a) does not apply to:]
40 [(i) individuals listed in Subsections 76-10-523(1)(a), (b), (c), (d), and (e);]
41 [(ii) a person licensed to carry a concealed weapon; or]
42 [(iii) persons in possession of weapons or firearms with the consent of the owner of the
43bus or the owner's agent, or the lessee or bailee of the bus.]
44 Section 2. Section 76-10-1507 is amended to read:
45 76-10-1507. Exclusion of persons without bona fide business from terminal --
46 Dangerous materials -- Surveillance devices and seizure of offending materials --
47 Detention of violators -- Private security personnel.
48 (1) (a) In order to provide for the safety, welfare and comfort of passengers, a bus
49 company may refuse admission to terminals to a person not having bona fide business within
50 the terminal.
51 (b) The refusal may not be inconsistent or contrary to state or federal laws or
52 regulations, or to an ordinance of the political subdivision in which the terminal is located.
53 (c) An authorized bus company representative may require a person in a terminal to
54 identify himself and state his business.
55 (d) Failure to comply with a request under Subsection (1)(c) or to state an acceptable
56 business purpose is grounds for the representative to request that the person depart the
57 terminal.
58 (e) A person who refuses to comply with a request made under Subsection (1)(d) is
59 guilty of a class C misdemeanor.
60 (2) (a) A person who carries [a concealed dangerous weapon, firearm, or] any highly
61 inflammable or hazardous materials or devices into a terminal or aboard a bus is guilty of a
62 third degree felony.
63 [(b) The prohibition of Subsection (2)(a) does not apply to individuals listed in
64Subsection 76-10-1504(4).]
65 [(c)] (b) The bus company may employ reasonable means, including mechanical,
66 electronic or x-ray devices to detect the items concealed in baggage or upon the person of a
67 passenger.
68 [(d)] (c) Upon the discovery of an item referred to in Subsection (2)[(a)], the company
69 may obtain possession and retain custody of the item until it is transferred to a peace officer.
70 (3) (a) An authorized bus company representative may detain within a terminal or bus
71 any person violating the provisions of this section for a reasonable time until law enforcement
72 authorities arrive.
73 (b) The detention does not constitute unlawful imprisonment and neither the bus
74 company nor the representative is civilly or criminally liable upon grounds of unlawful
75 imprisonment or assault, provided that only reasonable and necessary force is exercised against
76 the detained person.
77 (4) (a) A bus company may employ or contract for private security personnel.
78 (b) The personnel may:
79 (i) detain within a terminal or bus a person violating this section for a reasonable time
80 until law enforcement authorities arrive; and
81 (ii) use reasonable and necessary force in subduing or detaining the person.
82 Section 3. Section 77-23a-8 is amended to read:
83 77-23a-8. Court order to authorize or approve interception -- Procedure.
84 (1) The attorney general of the state, any assistant attorney general specially designated
85 by the attorney general, any county attorney, district attorney, deputy county attorney, or deputy
86 district attorney specially designated by the county attorney or by the district attorney, may
87 authorize an application to a judge of competent jurisdiction for an order for an interception of
88 wire, electronic, or oral communications by any law enforcement agency of the state, the
89 federal government or of any political subdivision of the state that is responsible for
90 investigating the type of offense for which the application is made.
91 (2) The judge may grant the order in conformity with the required procedures when the
92 interception sought may provide or has provided evidence of the commission of:
93 (a) any act:
94 (i) prohibited by the criminal provisions of:
95 (A) Title 58, Chapter 37, Utah Controlled Substances Act;
96 (B) Title 58, Chapter 37c, Utah Controlled Substance Precursor Act; or
97 (C) Title 58, Chapter 37d, Clandestine Drug Lab Act; and
98 (ii) punishable by a term of imprisonment of more than one year;
99 (b) any act prohibited by the criminal provisions of Title 61, Chapter 1, Utah Uniform
100 Securities Act, and punishable by a term of imprisonment of more than one year;
101 (c) an offense:
102 (i) of:
103 (A) attempt, Section 76-4-101;
104 (B) conspiracy, Section 76-4-201;
105 (C) solicitation, Section 76-4-203; and
106 (ii) punishable by a term of imprisonment of more than one year;
107 (d) a threat of terrorism offense punishable by a maximum term of imprisonment of
108 more than one year, Section 76-5-107.3;
109 (e) (i) aggravated murder, Section 76-5-202;
110 (ii) murder, Section 76-5-203; or
111 (iii) manslaughter, Section 76-5-205;
112 (f) (i) kidnapping, Section 76-5-301;
113 (ii) child kidnapping, Section 76-5-301.1;
114 (iii) aggravated kidnapping, Section 76-5-302;
115 (iv) human trafficking or human smuggling, Section 76-5-308; or
116 (v) aggravated human trafficking or aggravated human smuggling, Section 76-5-310;
117 (g) (i) arson, Section 76-6-102; or
118 (ii) aggravated arson, Section 76-6-103;
119 (h) (i) burglary, Section 76-6-202; or
120 (ii) aggravated burglary, Section 76-6-203;
121 (i) (i) robbery, Section 76-6-301; or
122 (ii) aggravated robbery, Section 76-6-302;
123 (j) an offense:
124 (i) of:
125 (A) theft, Section 76-6-404;
126 (B) theft by deception, Section 76-6-405; or
127 (C) theft by extortion, Section 76-6-406; and
128 (ii) punishable by a maximum term of imprisonment of more than one year;
129 (k) an offense of receiving stolen property that is punishable by a maximum term of
130 imprisonment of more than one year, Section 76-6-408;
131 (l) a financial card transaction offense punishable by a maximum term of imprisonment
132 of more than one year, Section 76-6-506.2, 76-6-506.3, 76-6-506.5, or 76-6-506.6;
133 (m) bribery of a labor official, Section 76-6-509;
134 (n) bribery or threat to influence a publicly exhibited contest, Section 76-6-514;
135 (o) a criminal simulation offense punishable by a maximum term of imprisonment of
136 more than one year, Section 76-6-518;
137 (p) criminal usury, Section 76-6-520;
138 (q) a fraudulent insurance act offense punishable by a maximum term of imprisonment
139 of more than one year, Section 76-6-521;
140 (r) a violation of Title 76, Chapter 6, Part 7, Utah Computer Crimes Act, punishable by
141 a maximum term of imprisonment of more than one year, Section 76-6-703;
142 (s) bribery to influence official or political actions, Section 76-8-103;
143 (t) misusing public money, Section 76-8-402;
144 (u) tampering with a witness or soliciting or receiving a bribe, Section 76-8-508;
145 (v) retaliation against a witness, victim, or informant, Section 76-8-508.3;
146 (w) tampering with a juror, retaliation against a juror, Section 76-8-508.5;
147 (x) extortion or bribery to dismiss criminal proceeding, Section 76-8-509;
148 (y) obstruction of justice, Section 76-8-306;
149 (z) destruction of property to interfere with preparation for defense or war, Section
150 76-8-802;
151 (aa) an attempt to commit crimes of sabotage, Section 76-8-804;
152 (bb) conspiracy to commit crimes of sabotage, Section 76-8-805;
153 (cc) advocating criminal syndicalism or sabotage, Section 76-8-902;
154 (dd) assembly for advocating criminal syndicalism or sabotage, Section 76-8-903;
155 (ee) riot punishable by a maximum term of imprisonment of more than one year,
156 Section 76-9-101;
157 (ff) dog fighting, training dogs for fighting, or dog fighting exhibitions punishable by a
158 maximum term of imprisonment of more than one year, Section 76-9-301.1;
159 (gg) possession, use, or removal of an explosive, chemical, or incendiary device and
160 parts, Section 76-10-306;
161 (hh) delivery to a common carrier or mailing of an explosive, chemical, or incendiary
162 device, Section 76-10-307;
163 (ii) exploiting prostitution, Section 76-10-1305;
164 (jj) aggravated exploitation of prostitution, Section 76-10-1306;
165 (kk) bus hijacking[,] or assault with intent to commit hijacking, [dangerous weapon or
166firearm,] Section 76-10-1504;
167 (ll) discharging firearms and hurling missiles, Section 76-10-1505;
168 (mm) violations of [the] Title 76, Chapter 10, Part 16, Pattern of Unlawful Activity
169 Act, and the offenses listed under the definition of unlawful activity in the act, including the
170 offenses not punishable by a maximum term of imprisonment of more than one year when
171 those offenses are investigated as predicates for the offenses prohibited by the act, Section
172 76-10-1602;
173 (nn) communications fraud, Section 76-10-1801;
174 (oo) money laundering, Sections 76-10-1903 and 76-10-1904; or
175 (pp) reporting by a person engaged in a trade or business when the offense is
176 punishable by a maximum term of imprisonment of more than one year, Section 76-10-1906.
Legislative Review Note
as of 2-16-15 4:59 PM
2
3
4
5
6
7 LONG TITLE
8 General Description:
9 This bill eliminates the prohibition of carrying a firearm on a bus.
10 Highlighted Provisions:
11 This bill:
12 ▸ eliminates the prohibition of carrying a firearm on a bus.
13 Money Appropriated in this Bill:
14 None
15 Other Special Clauses:
16 None
17 Utah Code Sections Affected:
18 AMENDS:
19 76-10-1504, as last amended by Laws of Utah 2007, Chapter 310
20 76-10-1507, as last amended by Laws of Utah 2007, Chapter 310
21 77-23a-8, as last amended by Laws of Utah 2013, Chapter 196
22
23 Be it enacted by the Legislature of the state of Utah:
24 Section 1. Section 76-10-1504 is amended to read:
25 76-10-1504. Bus hijacking -- Assault with intent to commit hijacking -- Use of a
26 dangerous weapon -- Penalties.
27 (1) (a) A person is guilty of bus hijacking if the person seizes or exercises control, by
28 force or violence or threat of force or violence, of a bus within the state.
29 (b) Bus hijacking is a first degree felony.
30 (2) (a) A person is guilty of assault with the intent to commit bus hijacking if the
31 person intimidates, threatens, or commits assault or battery toward a driver, attendant, guard, or
32 any other person in control of a bus so as to interfere with the performance of duties by the
33 person.
34 (b) Assault with the intent to commit bus hijacking is a second degree felony.
35 (3) A person who, in the commission of assault with intent to commit bus hijacking,
36 uses a dangerous weapon, as defined in Section 76-1-601, is guilty of a first degree felony.
37 [
38
39 [
40 [
41 [
42 [
43
44 Section 2. Section 76-10-1507 is amended to read:
45 76-10-1507. Exclusion of persons without bona fide business from terminal --
46 Dangerous materials -- Surveillance devices and seizure of offending materials --
47 Detention of violators -- Private security personnel.
48 (1) (a) In order to provide for the safety, welfare and comfort of passengers, a bus
49 company may refuse admission to terminals to a person not having bona fide business within
50 the terminal.
51 (b) The refusal may not be inconsistent or contrary to state or federal laws or
52 regulations, or to an ordinance of the political subdivision in which the terminal is located.
53 (c) An authorized bus company representative may require a person in a terminal to
54 identify himself and state his business.
55 (d) Failure to comply with a request under Subsection (1)(c) or to state an acceptable
56 business purpose is grounds for the representative to request that the person depart the
57 terminal.
58 (e) A person who refuses to comply with a request made under Subsection (1)(d) is
59 guilty of a class C misdemeanor.
60 (2) (a) A person who carries [
61 inflammable or hazardous materials or devices into a terminal or aboard a bus is guilty of a
62 third degree felony.
63 [
64
65 [
66 electronic or x-ray devices to detect the items concealed in baggage or upon the person of a
67 passenger.
68 [
69 may obtain possession and retain custody of the item until it is transferred to a peace officer.
70 (3) (a) An authorized bus company representative may detain within a terminal or bus
71 any person violating the provisions of this section for a reasonable time until law enforcement
72 authorities arrive.
73 (b) The detention does not constitute unlawful imprisonment and neither the bus
74 company nor the representative is civilly or criminally liable upon grounds of unlawful
75 imprisonment or assault, provided that only reasonable and necessary force is exercised against
76 the detained person.
77 (4) (a) A bus company may employ or contract for private security personnel.
78 (b) The personnel may:
79 (i) detain within a terminal or bus a person violating this section for a reasonable time
80 until law enforcement authorities arrive; and
81 (ii) use reasonable and necessary force in subduing or detaining the person.
82 Section 3. Section 77-23a-8 is amended to read:
83 77-23a-8. Court order to authorize or approve interception -- Procedure.
84 (1) The attorney general of the state, any assistant attorney general specially designated
85 by the attorney general, any county attorney, district attorney, deputy county attorney, or deputy
86 district attorney specially designated by the county attorney or by the district attorney, may
87 authorize an application to a judge of competent jurisdiction for an order for an interception of
88 wire, electronic, or oral communications by any law enforcement agency of the state, the
89 federal government or of any political subdivision of the state that is responsible for
90 investigating the type of offense for which the application is made.
91 (2) The judge may grant the order in conformity with the required procedures when the
92 interception sought may provide or has provided evidence of the commission of:
93 (a) any act:
94 (i) prohibited by the criminal provisions of:
95 (A) Title 58, Chapter 37, Utah Controlled Substances Act;
96 (B) Title 58, Chapter 37c, Utah Controlled Substance Precursor Act; or
97 (C) Title 58, Chapter 37d, Clandestine Drug Lab Act; and
98 (ii) punishable by a term of imprisonment of more than one year;
99 (b) any act prohibited by the criminal provisions of Title 61, Chapter 1, Utah Uniform
100 Securities Act, and punishable by a term of imprisonment of more than one year;
101 (c) an offense:
102 (i) of:
103 (A) attempt, Section 76-4-101;
104 (B) conspiracy, Section 76-4-201;
105 (C) solicitation, Section 76-4-203; and
106 (ii) punishable by a term of imprisonment of more than one year;
107 (d) a threat of terrorism offense punishable by a maximum term of imprisonment of
108 more than one year, Section 76-5-107.3;
109 (e) (i) aggravated murder, Section 76-5-202;
110 (ii) murder, Section 76-5-203; or
111 (iii) manslaughter, Section 76-5-205;
112 (f) (i) kidnapping, Section 76-5-301;
113 (ii) child kidnapping, Section 76-5-301.1;
114 (iii) aggravated kidnapping, Section 76-5-302;
115 (iv) human trafficking or human smuggling, Section 76-5-308; or
116 (v) aggravated human trafficking or aggravated human smuggling, Section 76-5-310;
117 (g) (i) arson, Section 76-6-102; or
118 (ii) aggravated arson, Section 76-6-103;
119 (h) (i) burglary, Section 76-6-202; or
120 (ii) aggravated burglary, Section 76-6-203;
121 (i) (i) robbery, Section 76-6-301; or
122 (ii) aggravated robbery, Section 76-6-302;
123 (j) an offense:
124 (i) of:
125 (A) theft, Section 76-6-404;
126 (B) theft by deception, Section 76-6-405; or
127 (C) theft by extortion, Section 76-6-406; and
128 (ii) punishable by a maximum term of imprisonment of more than one year;
129 (k) an offense of receiving stolen property that is punishable by a maximum term of
130 imprisonment of more than one year, Section 76-6-408;
131 (l) a financial card transaction offense punishable by a maximum term of imprisonment
132 of more than one year, Section 76-6-506.2, 76-6-506.3, 76-6-506.5, or 76-6-506.6;
133 (m) bribery of a labor official, Section 76-6-509;
134 (n) bribery or threat to influence a publicly exhibited contest, Section 76-6-514;
135 (o) a criminal simulation offense punishable by a maximum term of imprisonment of
136 more than one year, Section 76-6-518;
137 (p) criminal usury, Section 76-6-520;
138 (q) a fraudulent insurance act offense punishable by a maximum term of imprisonment
139 of more than one year, Section 76-6-521;
140 (r) a violation of Title 76, Chapter 6, Part 7, Utah Computer Crimes Act, punishable by
141 a maximum term of imprisonment of more than one year, Section 76-6-703;
142 (s) bribery to influence official or political actions, Section 76-8-103;
143 (t) misusing public money, Section 76-8-402;
144 (u) tampering with a witness or soliciting or receiving a bribe, Section 76-8-508;
145 (v) retaliation against a witness, victim, or informant, Section 76-8-508.3;
146 (w) tampering with a juror, retaliation against a juror, Section 76-8-508.5;
147 (x) extortion or bribery to dismiss criminal proceeding, Section 76-8-509;
148 (y) obstruction of justice, Section 76-8-306;
149 (z) destruction of property to interfere with preparation for defense or war, Section
150 76-8-802;
151 (aa) an attempt to commit crimes of sabotage, Section 76-8-804;
152 (bb) conspiracy to commit crimes of sabotage, Section 76-8-805;
153 (cc) advocating criminal syndicalism or sabotage, Section 76-8-902;
154 (dd) assembly for advocating criminal syndicalism or sabotage, Section 76-8-903;
155 (ee) riot punishable by a maximum term of imprisonment of more than one year,
156 Section 76-9-101;
157 (ff) dog fighting, training dogs for fighting, or dog fighting exhibitions punishable by a
158 maximum term of imprisonment of more than one year, Section 76-9-301.1;
159 (gg) possession, use, or removal of an explosive, chemical, or incendiary device and
160 parts, Section 76-10-306;
161 (hh) delivery to a common carrier or mailing of an explosive, chemical, or incendiary
162 device, Section 76-10-307;
163 (ii) exploiting prostitution, Section 76-10-1305;
164 (jj) aggravated exploitation of prostitution, Section 76-10-1306;
165 (kk) bus hijacking[
166
167 (ll) discharging firearms and hurling missiles, Section 76-10-1505;
168 (mm) violations of [
169 Act, and the offenses listed under the definition of unlawful activity in the act, including the
170 offenses not punishable by a maximum term of imprisonment of more than one year when
171 those offenses are investigated as predicates for the offenses prohibited by the act, Section
172 76-10-1602;
173 (nn) communications fraud, Section 76-10-1801;
174 (oo) money laundering, Sections 76-10-1903 and 76-10-1904; or
175 (pp) reporting by a person engaged in a trade or business when the offense is
176 punishable by a maximum term of imprisonment of more than one year, Section 76-10-1906.
Legislative Review Note
as of 2-16-15 4:59 PM
Office of Legislative Research and General Counsel
Bill Status / Votes
• Senate Actions • House Actions • Fiscal Actions • Other Actions
| Date | Action | Location | Vote |
| 2/18/2015 | Bill Numbered but not Distributed | Legislative Research and General Counsel | |
| 2/18/2015 | Numbered Bill Publicly Distributed | Legislative Research and General Counsel | |
| 2/18/2015 | LFA/ bill sent to agencies for fiscal input | Legislative Research and General Counsel | |
| 2/18/2015 | House/ received bill from Legislative Research | Clerk of the House | |
| 2/18/2015 | House/ 1st reading (Introduced) | House Rules Committee | |
| 2/19/2015 | LFA/ fiscal note publicly available | House Rules Committee | |
| 2/20/2015 | House/ received fiscal note from Fiscal Analyst | House Rules Committee | |
| 2/23/2015 | House/ to standing committee | House Law Enforcement and Criminal Justice Committee | |
| 2/25/2015 | House Comm - Favorable Recommendation | House Law Enforcement and Criminal Justice Committee | 8 2 1 |
| 2/25/2015 (11:40:00 AM) | House/ committee report favorable | House Law Enforcement and Criminal Justice Committee | |
| 2/25/2015 (11:40:01 AM) | House/ 2nd reading | House 3rd Reading Calendar for House bills | |
| 3/3/2015 (3:53:39 PM) | House/ 3rd reading | House 3rd Reading Calendar for House bills | |
| 3/3/2015 (4:00:59 PM) | House/ passed 3rd reading | Senate Secretary | 72 0 3 |
| 3/3/2015 (4:01:01 PM) | House/ to Senate | Senate Secretary | |
| 3/3/2015 | Senate/ received from House | Waiting for Introduction in the Senate | |
| 3/4/2015 | Senate/ 1st reading (Introduced) | Senate Rules Committee | |
| 3/4/2015 | Senate/ to standing committee | Senate Judiciary, Law Enforcement, and Criminal Justice Committee | |
| 3/9/2015 | Senate Comm - Favorable Recommendation | Senate Judiciary, Law Enforcement, and Criminal Justice Committee | 3 0 4 |
| 3/9/2015 (2:26:04 PM) | Senate/ committee report favorable | Senate Judiciary, Law Enforcement, and Criminal Justice Committee | |
| 3/9/2015 (2:26:05 PM) | Senate/ placed on 2nd Reading Calendar | Senate 2nd Reading Calendar | |
| 3/9/2015 | Senate/ 2nd Reading Calendar to Rules | Senate Rules Committee | |
| 3/10/2015 | Senate/ Rules to 2nd Reading Calendar | Senate 2nd Reading Calendar | |
| 3/12/2015 | Senate/ 2nd Reading Calendar to Rules | Senate Rules Committee | |
| 3/12/2015 | Senate/ strike enacting clause | Senate Secretary | |
| 3/12/2015 | Senate/ to House | Clerk of the House | |
| 3/12/2015 | House/ received from Senate | Clerk of the House | |
| 3/12/2015 | House/ filed | House file for bills not passed |
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