<section number="53-22-105"><effdate>5/1/2024</effdate><enddate type="SC">5/7/2025</enddate><catchline>School guardian program.</catchline><subsection number="53-22-105(1)">As used in this section:<subsection number="53-22-105(1)(a)">"Annual training" means an annual four-hour training that:<subsection number="53-22-105(1)(a)(i)">a county security chief or a designee administers;</subsection><subsection number="53-22-105(1)(a)(ii)">the state security chief approves;</subsection><subsection number="53-22-105(1)(a)(iii)">can be tailored to local needs;</subsection><subsection number="53-22-105(1)(a)(iv)">allows an individual to practice and demonstrate firearms proficiency at a firearms range using the firearm the individual carries for self defense and defense of others;</subsection><subsection number="53-22-105(1)(a)(v)">includes the following components:<subsection number="53-22-105(1)(a)(v)(A)">firearm safety, including safe storage of a firearm;</subsection><subsection number="53-22-105(1)(a)(v)(B)">de-escalation tactics;</subsection><subsection number="53-22-105(1)(a)(v)(C)">the role of mental health in incidents; and</subsection><subsection number="53-22-105(1)(a)(v)(D)">disability awareness and interactions; and</subsection></subsection><subsection number="53-22-105(1)(a)(vi)">contains other training needs as determined by the state security chief.</subsection></subsection><subsection number="53-22-105(1)(b)">"Biannual training" means a twice-yearly training that:<subsection number="53-22-105(1)(b)(i)">is at least four hours, unless otherwise approved by the state security chief;</subsection><subsection number="53-22-105(1)(b)(ii)">a county security chief or a designee administers;</subsection><subsection number="53-22-105(1)(b)(iii)">the state security chief approves;</subsection><subsection number="53-22-105(1)(b)(iv)">can be tailored to local needs; and</subsection><subsection number="53-22-105(1)(b)(v)">through which a school guardian at a school or simulated school environment:<subsection number="53-22-105(1)(b)(v)(A)">receives training on the specifics of the building or buildings of the school, including the location of emergency supplies and security infrastructure; and</subsection><subsection number="53-22-105(1)(b)(v)(B)">participates in a live-action practice plan with school administrators in responding to active threats at the school; and</subsection></subsection><subsection number="53-22-105(1)(b)(vi)">shall be taken with at least three months in between the two trainings.</subsection></subsection><subsection number="53-22-105(1)(c)">"Firearm" means the same as that term is defined in Section <xref depth="3" refnumber="76-10-501">76-10-501</xref>.</subsection><subsection number="53-22-105(1)(d)">"Initial training" means an in-person training that:<subsection number="53-22-105(1)(d)(i)">a county security chief or a designee administers;</subsection><subsection number="53-22-105(1)(d)(ii)">the state security chief approves;</subsection><subsection number="53-22-105(1)(d)(iii)">can be tailored to local needs; and</subsection><subsection number="53-22-105(1)(d)(iv)">provides:<subsection number="53-22-105(1)(d)(iv)(A)">training on general familiarity with the types of firearms that can be concealed for self-defense and defense of others;</subsection><subsection number="53-22-105(1)(d)(iv)(B)">training on the safe loading, unloading, storage, and carrying of firearms in a school setting;</subsection><subsection number="53-22-105(1)(d)(iv)(C)">training at a firearms range with instruction regarding firearms fundamentals, marksmanship, the demonstration and explanation of the difference between sight picture, sight alignment, and trigger control, and a recognized pistol course;</subsection><subsection number="53-22-105(1)(d)(iv)(D)">current laws dealing with the lawful use of a firearm by a private citizen, including laws on self-defense, defense of others, transportation of firearms, and concealment of firearms;</subsection><subsection number="53-22-105(1)(d)(iv)(E)">coordination with law enforcement officers in the event of an active threat;</subsection><subsection number="53-22-105(1)(d)(iv)(F)">basic trauma first aid;</subsection><subsection number="53-22-105(1)(d)(iv)(G)">the appropriate use of force, emphasizing the de-escalation of force and alternatives to using force;</subsection><subsection number="53-22-105(1)(d)(iv)(H)">situational response evaluations, including:<subsection number="53-22-105(1)(d)(iv)(H)(I)">protecting and securing a crime or accident scene;</subsection><subsection number="53-22-105(1)(d)(iv)(H)(II)">notifying law enforcement;</subsection><subsection number="53-22-105(1)(d)(iv)(H)(III)">controlling information; and</subsection><subsection number="53-22-105(1)(d)(iv)(H)(IV)">other training that the county sheriff, designee, or department deems appropriate.</subsection></subsection></subsection></subsection><subsection number="53-22-105(1)(e)">"Program" means the school guardian program created in this section.</subsection><subsection number="53-22-105(1)(f)"><subsection number="53-22-105(1)(f)(i)">"School employee" means an employee of a school whose duties and responsibilities require the employee to be physically present at a school's campus while school is in session.</subsection><subsection number="53-22-105(1)(f)(ii)">"School employee" does not include a principal, teacher, or individual whose primary responsibilities require the employee to be primarily present in a classroom to teach, care for, or interact with students, unless:<subsection number="53-22-105(1)(f)(ii)(A)">the principal, teacher, or individual is employed at a school with 100 or fewer students;</subsection><subsection number="53-22-105(1)(f)(ii)(B)">the principal, teacher, or individual is employed at a school with adjacent campuses as determined by the state security chief; or</subsection><subsection number="53-22-105(1)(f)(ii)(C)">as provided in Subsection <xref depth="4" refnumber="53G-8-701.5(3)">53G-8-701.5(3)</xref>.</subsection></subsection></subsection><subsection number="53-22-105(1)(g)">"School guardian" means a school employee who meets the requirements of Subsection (3).</subsection></subsection><subsection number="53-22-105(2)"><subsection number="53-22-105(2)(a)"><subsection number="53-22-105(2)(a)(i)">There is created within the department the school guardian program;</subsection><subsection number="53-22-105(2)(a)(ii)">the state security chief shall oversee the school guardian program;</subsection><subsection number="53-22-105(2)(a)(iii)">the applicable county security chief shall administer the school guardian program in each county.</subsection></subsection><subsection number="53-22-105(2)(b)">The state security chief shall ensure that the school guardian program includes:<subsection number="53-22-105(2)(b)(i)">initial training;</subsection><subsection number="53-22-105(2)(b)(ii)">biannual training; and</subsection><subsection number="53-22-105(2)(b)(iii)">annual training.</subsection></subsection><subsection number="53-22-105(2)(c)">A county sheriff may partner or contract with:<subsection number="53-22-105(2)(c)(i)">another county sheriff to support the respective county security chiefs in jointly administering the school guardian program in the relevant counties; and</subsection><subsection number="53-22-105(2)(c)(ii)">a local law enforcement agency of relevant jurisdiction to provide the:<subsection number="53-22-105(2)(c)(ii)(A)">initial training;</subsection><subsection number="53-22-105(2)(c)(ii)(B)">biannual training; and</subsection><subsection number="53-22-105(2)(c)(ii)(C)">annual training.</subsection></subsection></subsection></subsection><subsection number="53-22-105(3)"><subsection number="53-22-105(3)(a)">A school employee that volunteers to participate is eligible to join the program as a school guardian if:<subsection number="53-22-105(3)(a)(i)">the school administrator approves the volunteer school employee to be designated as a school guardian;</subsection><subsection number="53-22-105(3)(a)(ii)">the school employee satisfactorily completes initial training within six months before the day on which the school employee joins the program;</subsection><subsection number="53-22-105(3)(a)(iii)">the school employee holds a valid concealed carry permit issued under Title 53, Chapter 5, Part 7, Concealed Firearm Act;</subsection><subsection number="53-22-105(3)(a)(iv)">the school employee certifies to the sheriff of the county where the school is located that the school employee has undergone the training in accordance with Subsection (3)(a)(ii) and intends to serve as a school guardian; and</subsection><subsection number="53-22-105(3)(a)(v)">the school employee successfully completes a mental health screening selected by the state security chief in collaboration with the Office of Substance Abuse and Mental Health established in Section <xref depth="3" refnumber="26B-5-102">26B-5-102</xref>.</subsection></subsection><subsection number="53-22-105(3)(b)">After joining the program a school guardian shall complete annual training and biannual training to retain the designation of a school guardian in the program.</subsection></subsection><subsection number="53-22-105(4)">The state security chief shall:<subsection number="53-22-105(4)(a)">for each school that participates in the program, track each school guardian at the school by collecting the photograph and the name and contact information for each guardian;</subsection><subsection number="53-22-105(4)(b)">make the information described in Subsection (4)(a) readily available to each law enforcement agency in the state categorized by school; and</subsection><subsection number="53-22-105(4)(c)">provide each school guardian with a one-time stipend of $500.</subsection></subsection><subsection number="53-22-105(5)">A school guardian:<subsection number="53-22-105(5)(a)">may store the school guardian's firearm on the grounds of a school only if:<subsection number="53-22-105(5)(a)(i)">the firearm is stored in a biometric gun safe;</subsection><subsection number="53-22-105(5)(a)(ii)">the biometric gun safe is located in the school guardian's office; and</subsection><subsection number="53-22-105(5)(a)(iii)">the school guardian is physically present on the grounds of the school while the firearm is stored in the safe;</subsection></subsection><subsection number="53-22-105(5)(b)">shall carry the school guardian's firearm in a concealed manner; and</subsection><subsection number="53-22-105(5)(c)">may not, unless during an active threat, display or open carry a firearm while on school grounds.</subsection></subsection><subsection number="53-22-105(6)">Except as provided in Subsection (5)(c), this section does not prohibit an individual who has a valid concealed carry permit but is not participating in the program from carrying a firearm on the grounds of a public school or charter school under Subsection <xref depth="3" refnumber="76-10-505.5">76-10-505.5</xref>(4).</subsection><subsection number="53-22-105(7)">A school guardian:<subsection number="53-22-105(7)(a)">does not have authority to act in a law enforcement capacity; and</subsection><subsection number="53-22-105(7)(b)">may, at the school where the school guardian is employed:<subsection number="53-22-105(7)(b)(i)">take actions necessary to prevent or abate an active threat; and</subsection><subsection number="53-22-105(7)(b)(ii)">temporarily detain an individual when the school guardian has reasonable cause to believe the individual has committed or is about to commit a forcible felony, as that term is defined in Section <xref depth="3" refnumber="76-2-402">76-2-402</xref>.</subsection></subsection></subsection><subsection number="53-22-105(8)">A school may designate a single volunteer or multiple volunteers to participate in the school guardian program to satisfy the school safety personnel requirements of Section <xref depth="3" refnumber="53G-8-701.5">53G-8-701.5</xref>.</subsection><subsection number="53-22-105(9)">The department may adopt, according to Title 63G, Chapter 3, Utah Administrative Rulemaking Act, rules to administer this section.</subsection><subsection number="53-22-105(10)">A school guardian who has active status in the guardian program is not liable for any civil damages or penalties if the school guardian:<subsection number="53-22-105(10)(a)">when carrying or storing a firearm:<subsection number="53-22-105(10)(a)(i)">is acting in good faith; and</subsection><subsection number="53-22-105(10)(a)(ii)">is not grossly negligent; or</subsection></subsection><subsection number="53-22-105(10)(b)">threatens, draws, or otherwise uses a firearm reasonably believing the action to be<eol/>necessary in compliance with Section 76-2-402.</subsection></subsection><subsection number="53-22-105(11)">A school guardian shall file a report described in Subsection (12) if, during the performance of the school guardian's duties, the school guardian points a firearm at an individual.</subsection><subsection number="53-22-105(12)"><subsection number="53-22-105(12)(a)">A report described in Subsection (11) shall include:<subsection number="53-22-105(12)(a)(i)">a description of the incident;</subsection><subsection number="53-22-105(12)(a)(ii)">the identification of the individuals involved in the incident; and</subsection><subsection number="53-22-105(12)(a)(iii)">any other information required by the state security chief.</subsection></subsection><subsection number="53-22-105(12)(b)">A school guardian shall submit a report required under Subsection (11) to the school administrator, school safety and security director, and the state security chief within 48 hours after the incident.</subsection><subsection number="53-22-105(12)(c)">The school administrator, school safety and security director, and the state security chief shall consult and review the report submitted under Subsection (12)(b).</subsection></subsection><subsection number="53-22-105(13)">The requirements of Subsections (11) and (12) do not apply to a training exercise.</subsection><subsection number="53-22-105(14)">A school guardian may have the designation of school guardian revoked at any time by the school principal, county sheriff, or state security chief.</subsection><subsection number="53-22-105(15)"><subsection number="53-22-105(15)(a)">Any information or record created detailing a school guardian's participation in the program is:<subsection number="53-22-105(15)(a)(i)">a private, controlled, or protected record under Title 63G, Chapter 2, Government Records Access and Management Act; and</subsection><subsection number="53-22-105(15)(a)(ii)">available only to:<subsection number="53-22-105(15)(a)(ii)(A)">the state security chief;</subsection><subsection number="53-22-105(15)(a)(ii)(B)">administrators at the school guardian's school;</subsection><subsection number="53-22-105(15)(a)(ii)(C)">if applicable, other school safety personnel described in Section <xref depth="3" refnumber="53G-8-701.5">53G-8-701.5</xref>;</subsection><subsection number="53-22-105(15)(a)(ii)(D)">a local law enforcement agency that would respond to the school in case of an emergency; and</subsection><subsection number="53-22-105(15)(a)(ii)(E)">the individual designated by the county sheriff in accordance with Section <xref depth="3" refnumber="53-22-103">53-22-103</xref> of the county of the school where the school guardian in the program is located.</subsection></subsection></subsection><subsection number="53-22-105(15)(b)">The information or record described in Subsection (15)(a) includes information related to the school guardian's identity and activity within the program as described in this section and any personal identifying information of a school guardian participating in the program collected or obtained during initial training, annual training, and biannual training.</subsection><subsection number="53-22-105(15)(c)">An individual who intentionally or knowingly provides the information described in Subsection (15)(a) to an individual or entity not listed in Subsection (15)(a)(ii) is guilty of a class B misdemeanor.</subsection></subsection></section>