<section number="76-8-311.1"><effdate>10/14/2025</effdate><histories><history>Amended by Chapter <modchap sess="2025S1">9</modchap>, 2025 Special Session 1</history><modyear>2025</modyear></histories><catchline>Establishment of secure areas -- Items prohibited -- References to penalty provisions.</catchline><subsection number="76-8-311.1(1)"><subsection number="76-8-311.1(1)(a)">As used in this section:<subsection number="76-8-311.1(1)(a)(i)">"Correctional facility" means the same as that term is defined in Section <xref depth="3" refnumber="76-8-311.3">76-8-311.3</xref>.</subsection><subsection number="76-8-311.1(1)(a)(ii)">"Dangerous weapon" means the same as that term is defined in Section <xref depth="3" refnumber="76-11-101">76-11-101</xref>.</subsection><subsection number="76-8-311.1(1)(a)(iii)">"Explosive" means the same as the term "explosive, chemical, or incendiary device" defined in Section <xref refnumber="76-15-210" depth="3">76-15-210</xref>.</subsection><subsection number="76-8-311.1(1)(a)(iv)">"Firearm" means the same as that term is defined in Section <xref depth="3" refnumber="76-11-101">76-11-101</xref>.</subsection><subsection number="76-8-311.1(1)(a)(v)">"Law enforcement facility" means a facility that is owned, leased, or operated by a law enforcement agency.</subsection><subsection number="76-8-311.1(1)(a)(vi)">"Mental health facility" means the same as that term is defined in Section <xref depth="3" refnumber="26B-5-301">26B-5-301</xref>.</subsection><subsection number="76-8-311.1(1)(a)(vii)"><subsection number="76-8-311.1(1)(a)(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.</subsection><subsection number="76-8-311.1(1)(a)(vii)(B)">"Secure area" does not include any area normally accessible to the public.</subsection></subsection></subsection><subsection number="76-8-311.1(1)(b)">Terms defined in Sections <xref depth="3" refnumber="76-1-101.5">76-1-101.5</xref> and <xref depth="3" refnumber="76-8-101">76-8-101</xref> apply to this section.</subsection></subsection><subsection number="76-8-311.1(2)"><subsection number="76-8-311.1(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.</subsection><subsection number="76-8-311.1(2)(b)">This section applies to:<subsection number="76-8-311.1(2)(b)(i)">a higher education secure area hearing room established in accordance with Section <xref depth="3" refnumber="53H-3-902">53H-3-902</xref>; and</subsection><subsection number="76-8-311.1(2)(b)(ii)">a secure area established by the Judicial Council in accordance with Section <xref depth="3" refnumber="78A-2-203">78A-2-203</xref>.</subsection></subsection></subsection><subsection number="76-8-311.1(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.</subsection><subsection number="76-8-311.1(4)"><subsection number="76-8-311.1(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.</subsection><subsection number="76-8-311.1(4)(b)">The entity operating the facility shall be responsible for a weapon while the weapon is stored in the storage area described in Subsection <xref depth="4" refnumber="76-8-311.1(4)(a)">(4)(a)</xref>.</subsection></subsection><subsection number="76-8-311.1(5)"><subsection number="76-8-311.1(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 <xref depth="3" refnumber="76-8-311.2">76-8-311.2</xref>.</subsection><subsection number="76-8-311.1(5)(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 <xref depth="3" refnumber="76-15-210">76-15-210</xref>.</subsection><subsection number="76-8-311.1(5)(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.</subsection></subsection></section>