Effective 10/14/2025
76-8-311.1 Establishment of secure areas -- Items prohibited -- References to penalty provisions.
(1)
(a)As used in this section:
(i)”Correctional facility” means the same as that term is defined in Section 76-8-311.3.
(ii)”Dangerous weapon” means the same as that term is defined in Section 76-11-101.
(iii)”Explosive” means the same as the term “explosive, chemical, or incendiary device” defined in Section 76-15-210.
(iv)”Firearm” means the same as that term is defined in Section 76-11-101.
(v)”Law enforcement facility” means a facility that is owned, leased, or operated by a law enforcement agency.
(vi)”Mental health facility” means the same as that term is defined in Section 26B-5-301.
(vii)
(A)”Secure area” means an area created under this section into which certain individuals are restricted from transporting a firearm or other dangerous weapon, ammunition, or explosive.
(B)”Secure area” does not include any area normally accessible to the public.
(b)Terms defined in Sections 76-1-101.5 and 76-8-101 apply to this section.
(2)
(a)The State Tax Commission or a correctional, law enforcement, or mental health facility may establish secure areas within the facility and may prohibit or control by rule any firearm or other dangerous weapon, ammunition, or explosive.
(b)This section applies to:
(i)a higher education secure area hearing room established in accordance with Section 53H-3-902; and
(ii)a secure area established by the Judicial Council in accordance with Section 78A-2-203.
(3)An entity that creates a secure area under this section shall ensure that at least one notice is prominently displayed at each entrance to the secure area in which a firearm, ammunition, dangerous weapon, or explosive is restricted.
(4)
(a)An entity that creates a secure area under this section shall provide a secure weapons storage area so that an individual entering the secure area may store the individual’s weapon before entering the secure area.
(b)The entity operating the facility shall be responsible for a weapon while the weapon is stored in the storage area described in Subsection (4)(a).
(5)
(a)An actor who transports a firearm or other dangerous weapon or ammunition into a secure area created under this section or a higher education secure area hearing room created under this section may be punished under Section 76-8-311.2.
(b)An actor who knowingly or intentionally transports, possesses, distributes, or sells an explosive in a secure area or a higher education secure area hearing room created under this section may be punished under Section 76-15-210.
(c)It is a defense to a prosecution related to this section that the actor acted in conformity with the facility’s rule or policy established pursuant to this section.

Amended by Chapter 9, 2025 Special Session 1