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H.B. 376

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TRESPASSING IN ABANDONED MINES

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1997 GENERAL SESSION

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STATE OF UTAH

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Sponsor: James R. Gowans

5    AN ACT RELATING TO THE CRIMINAL CODE; ENACTING THE CRIME OF TRESPASS
6    TO ABANDONED OR INACTIVE MINES; AND PROVIDING FOR CIVIL LIABILITY
7    FOR REIMBURSEMENT FOR RESCUE COSTS.
8    This act affects sections of Utah Code Annotated 1953 as follows:
9    ENACTS:
10         76-6-206.1, Utah Code Annotated 1953
11         77-18-6.5, Utah Code Annotated 1953
12    Be it enacted by the Legislature of the state of Utah:
13        Section 1. Section 76-6-206.1 is enacted to read:
14         76-6-206.1. Criminal trespass of abandoned or inactive mines -- Penalty.
15        (1) For purposes of this section:
16        (a) "abandoned or inactive mine" means an underground mine which is no longer open for
17    access or no longer under excavation and has been clearly marked as closed or protected from
18    entry; and
19        (b) "enter" means intrusion of the entire body.
20        (2) A person is guilty of criminal trespass of an abandoned or inactive mine if, under
21    circumstances not amounting to burglary as defined in Section 76-6-202, 76-6-203, or 76-6-204:
22        (a) the person intentionally enters and remains unlawfully in the underground workings
23    of an abandoned or inactive mine; or
24        (b) intentionally and without authority removes, destroys, or tampers with any warning
25    sign, covering, fencing, or other method of protection from entry placed on, around, or over any
26    mine shaft, mine portal, or other abandoned or inactive mining excavation property.
27        (3) A violation of Subsection (2)(a) is a class B misdemeanor.


1        (4) A violation of Subsection (2)(b) is a class A misdemeanor.
2        Section 2. Section 77-18-6.5 is enacted to read:
3         77-18-6.5. Liability of rescued person for costs of emergency response.
4        (1) Any person who violates Section 76-6-206.1 whose conduct required emergency care,
5    rescue, assistance, or recovery services at the scene of an abandoned or inactive mine may be
6    charged with the expenses incurred in meeting the emergency.
7        (2) The court's order shall be a judgment which orders the payment of reimbursement to
8    any public agency or private body that incurred the expenses. The judgment shall constitute a lien
9    when recorded in the judgment docket and shall have the same effect and is subject to the same
10    rules as a judgment for money in a civil action.
11        (3) The liability imposed under this section is in addition to and not in limitation of any
12    other liability that may be imposed.




Legislative Review Note
    as of 2-13-97 4:31 PM


A limited legal review of this bill raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel


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