Senator Todd D. Weiler proposes the following substitute bill:


1     
PARENTAL LIABILITY AMENDMENTS

2     
2023 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Todd D. Weiler

5     
House Sponsor: Ryan D. Wilcox

6     

7     LONG TITLE
8     General Description:
9          This bill addresses parental liability for the conduct of a minor.
10     Highlighted Provisions:
11          This bill:
12          ▸     addresses the civil liability of a parent or guardian with legal custody of a minor in
13     regards to damages or costs from a fire, property damage, or a threat of terrorism by
14     the minor; and
15          ▸     makes technical and conforming changes.
16     Money Appropriated in this Bill:
17          None
18     Other Special Clauses:
19          None
20     Utah Code Sections Affected:
21     AMENDS:
22          53-7-225.1, as enacted by Laws of Utah 2018, Chapter 189
23          53G-8-212, as last amended by Laws of Utah 2021, Chapter 262
24     ENACTS:
25          78B-3-1001, Utah Code Annotated 1953
26          78B-3-1003, Utah Code Annotated 1953
27     RENUMBERS AND AMENDS:
28          78B-3-1002, (Renumbered from 80-6-610, as renumbered and amended by Laws of
29     Utah 2021, Chapter 261)
30     

31     Be it enacted by the Legislature of the state of Utah:
32          Section 1. Section 53-7-225.1 is amended to read:
33          53-7-225.1. Civil liability -- Parental liability for conduct by a minor.
34          [(1) (a) An individual who negligently, recklessly, or intentionally causes or spreads a
35     fire through discharge of a class C explosive is liable for the cost of suppressing that fire and
36     any damages the fire causes.]
37          [(b) If the individual described in Subsection (1)(a) is a minor, the parent or legal
38     guardian having legal custody of the minor is liable for the costs and damages for which the
39     minor is liable under this section.]
40          (1) As used in this section, "minor" means an individual who is younger than 18 years
41     old.
42          (2) A person may bring a cause of action against an individual, who negligently,
43     recklessly, or intentionally causes or spreads a fire through discharge of a class C explosive, to
44     recover:
45          (a) costs incurred by the person in suppressing the fire; or
46          (b) damages from the fire suffered by the person.
47          (3) (a) Notwithstanding Section 78B-3-1002, and except as provided in Subsection
48     (3)(b), a person may bring a cause of action against the parent or legal guardian having legal
49     custody of a minor, who negligently, recklessly, or intentionally causes or spreads a fire
50     through discharge of a class C explosive, to recover:
51          (i) costs incurred by the person in suppressing the fire; or
52          (ii) damages from the fire suffered by the person.
53          (b) A person may not bring a cause of action against the state, an agency of the state, or
54     a contracted provider of an agency of the state, under Subsection (3)(a).
55          [(c)] (4) A court may waive part or all of the parent or guardian's liability for damages
56     under Subsection [(1)(b)] (3) if the court finds:
57          [(i)] (a) good cause; and
58          [(ii)] (b) that the parent or legal guardian:
59          [(A)] (i) made a reasonable effort to supervise and direct the minor; or
60          [(B)] (ii) in the event the parent or guardian knew in advance of the minor's negligent,
61     reckless, or intentional conduct [described in Subsection (1)(a)], made a reasonable effort to
62     restrain the minor.
63          [(2)] (5) (a) The conduct described in [Subsection (1)] Subsections (2) and (3) includes
64     any negligent, reckless, or intentional conduct, regardless of whether:
65          (i) the person discharges a class C common state approved explosive:
66          (A) within the permitted time periods described in Subsection 53-7-225(3); or
67          (B) in an area where discharge was not prohibited under Subsection 53-7-225(5)(b) or
68     (c); or
69          (ii) the fire begins on:
70          (A) private land;
71          (B) land owned by the state or a political subdivision of the state;
72          (C) federal land; or
73          (D) tribal land.
74          (b) Discharging a class C explosive in an area in which fireworks are prohibited due to
75     hazardous environmental conditions, in accordance with Subsection 15A-5-202.5(1)(b),
76     constitutes the negligent, reckless, or intentional conduct described in [Subsection (1)]
77     Subsections (2) and (3).
78          (6) A person who suffers damage from a fire may pursue all other legal remedies in
79     addition to seeking damages under this section.
80          [(3) A person who incurs costs to suppress a fire described in Subsection (1) may bring
81     an action under this section to recover those costs against an individual described in Subsection
82     (1).]
83          [(4) A person who suffers damage from a fire described in Subsection (1) may:]
84          [(a) bring an action under this section for those damages against an individual
85     described in Subsection (1); and]
86          [(b) pursue all other legal remedies in addition to seeking damages under Subsection
87     (4)(a).]
88          Section 2. Section 53G-8-212 is amended to read:
89          53G-8-212. Defacing or damaging school property -- Student's liability -- Work
90     program alternative.
91          (1) A student who willfully defaces or otherwise damages any school property may be
92     suspended or otherwise disciplined.
93          (2) (a) If a school's property has been lost or willfully cut, defaced, or otherwise
94     damaged, the school may withhold the issuance of an official written grade report, diploma, or
95     transcript of the student responsible for the damage or loss until the student or the student's
96     parent has paid for the damages.
97          (b) The student's parent [is liable for damages as otherwise provided in Section]
98     [80-6-610] may be liable for damages under Section 78B-3-1002.
99          (3) (a) If the student and the student's parent are unable to pay for the damages or if it is
100     determined by the school in consultation with the student's parent that the student's interests
101     would not be served if the parent were to pay for the damages, the school shall provide for a
102     program of work the student may complete in lieu of the payment.
103          (b) The school shall release the official grades, diploma, and transcripts of the student
104     upon completion of the work.
105          (4) Before any penalties are assessed under this section, the school shall adopt
106     procedures to ensure that the student's right to due process is protected.
107          (5) No penalty may be assessed for damages which may be reasonably attributed to
108     normal wear and tear.
109          (6) If the Department of Health and Human Services or a licensed child-placing agency
110     has been granted custody of the student, the student's records, if requested by the department or
111     agency, may not be withheld from the department or agency for nonpayment of damages under
112     this section.
113          Section 3. Section 78B-3-1001 is enacted to read:
114     
Part 10. Parental Liability for the Acts of a Minor

115          78B-3-1001. Definitions.
116          As used in this part:
117          (1) "Adjudication" means the adjudication of an offense under Title 80, Chapter 6,
118     Juvenile Justice.
119          (2) "Graffiti" means the same as that term is defined in Title 76, Chapter 6, Offenses
120     Against Property.
121          (3) "Minor" means an individual who is younger than 18 years old.
122          Section 4. Section 78B-3-1002, which is renumbered from Section 80-6-610 is
123     renumbered and amended to read:
124          [80-6-610].      78B-3-1002. Property damage caused by a minor -- Liability of
125     parent or guardian.
126          [(1) A parent or guardian with legal custody of a minor is liable for damages sustained
127     to property not to exceed $2,000 when:]
128          (1) Except as provided in Subsection (7), a person may bring a cause of action against a
129     parent or guardian having legal custody of a minor for damages sustained to the person's
130     property, not exceeding $2,000, when:
131          (a) the minor intentionally damages, defaces, destroys, or takes the property of another,
132     including using graffiti;
133          (b) the minor recklessly or willfully shoots or propels a missile, or other object at or
134     against a motor vehicle, bus, airplane, boat, locomotive, train, railway car, or caboose, whether
135     moving or standing; or
136          (c) the minor intentionally and unlawfully tampers with the property of another and
137     thereby recklessly endangers human life or recklessly causes or threatens a substantial
138     interruption or impairment of any public utility service, including using graffiti.
139          [(2) A parent or guardian with legal custody of a minor is liable for damages sustained
140     to property not to exceed $5,000 when the minor is adjudicated for an offense under Subsection
141     (1):]
142          (2) Except as provided in Subsection (7), a person may bring a cause of action against a
143     parent or guardian of a minor for damages sustained to the person's property, not exceeding
144     $5,000, by the minor:
145          (a) for the benefit of, at the direction of, or in association with any criminal street gang
146     as defined in Section 76-9-802; or
147          (b) to gain recognition, acceptance, membership, or increased status with a criminal
148     street gang.
149          [(3) A juvenile court may make an order for restitution under Subsection (1) or (2) to
150     be paid by the minor's parent or guardian if the minor is adjudicated for an offense.]
151          [(4) As used in this section, property damage described under Subsection (1)(a) or (c),
152     or Subsection (2), includes graffiti, as defined in Section 76-6-107.]
153          [(5)] (3) A court may waive part or all of the liability for damages under this section by
154     the minor's parent or guardian if[, after the minor is adjudicated,] the court finds[, upon the
155     record]:
156          (a) good cause; or
157          (b) that the parent or guardian:
158          (i) made a reasonable effort to restrain the wrongful conduct; and
159          (ii) reported the conduct to the property owner involved or the law enforcement agency
160     having primary jurisdiction after the parent or guardian knew of the minor's unlawful act.
161          [(6)] (4) A report is not required under Subsection [(5)(b)] (3)(b) from a parent or
162     guardian if the minor was arrested or apprehended by a peace officer or by anyone acting on
163     behalf of the property owner involved.
164          [(7)] (5) A conviction for criminal mischief under Section 76-6-106, criminal trespass
165     under Section 76-6-206, or an adjudication under Section 80-6-701 is not [a condition
166     precedent to a civil action authorized] required for a civil action to be brought under
167     Subsection (1) or (2).
168          [(8)] (6) A parent or guardian is not liable under Subsection (1) or (2) if:
169          (a) the parent or guardian made a reasonable effort to supervise and direct the minor[,
170     or,]; or
171          (b) in the event the parent or guardian knew in advance of the possible taking, injury,
172     or destruction by the minor, made a reasonable effort to restrain the minor.
173          (7) A person may not bring a cause of action against the state, an agency of the state, or
174     a contracted provider of an agency of the state, under this section.
175          Section 5. Section 78B-3-1003 is enacted to read:
176          78B-3-1003. Threat of terrorism -- Liability of parent or guardian.
177          (1) Except as provided in Subsection (6), if a person suffers damages from a threat of
178     terrorism committed by a minor in accordance with Section 76-5-107.3, the person may bring a
179     cause of action against a parent or guardian with legal custody of the minor to recover costs and
180     damages caused by the threat of terrorism.
181          (2) A parent or guardian is not liable for costs and damages under Subsection (1) if:
182          (a) the parent or guardian made a reasonable effort to supervise and direct the minor; or
183          (b) made a reasonable effort to restrain the minor if the parent or guardian knew in
184     advance of the minor's intent to commit a threat of terrorism.
185          (3) If a parent or guardian is found liable under this section, the court may waive part
186     or all of the parent's or guardian's liability for costs and damages if the court finds:
187          (a) good cause; or
188          (b) that the parent or guardian:
189          (i) made a reasonable effort to restrain the wrongful conduct; and
190          (ii) reported the conduct to law enforcement after the parent or guardian knew of the
191     minor's wrongful conduct.
192          (4) A report is not required under Subsection (3)(b)(ii) from a parent or guardian if the
193     minor was arrested or apprehended by law enforcement.
194          (5) An adjudication or a conviction of a minor for an offense under Section 76-5-107.3
195     is not required for a civil action to be brought under this section.
196          (6) A person may not bring a cause of action against the state, an agency of the state, or
197     a contracted provider of an agency of the state, under this section.