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5 AN ACT RELATING TO PUBLIC SAFETY AND THE CRIMINAL CODE; LISTING CROSS
6 REFERENCES FOR CERTAIN RESTRICTED AREAS WHERE CONCEALED PERMIT
7 HOLDERS MAY NOT CARRY FIREARMS; SPECIFYING THAT IT IS NOT A
8 DISCRIMINATORY PRACTICE FOR AN EMPLOYER TO PROHIBIT EMPLOYEES
9 FROM POSSESSING DANGEROUS WEAPONS DURING WORKING HOURS;
10 CONSOLIDATING SECTIONS REGARDING THE PROHIBITION OF DANGEROUS
11 WEAPONS ON SCHOOL PREMISES; PROVIDING THAT PRIVATE PROPERTY
12 OWNERS AND PERSONS AUTHORIZED TO CONTROL PUBLIC PROPERTY MAY
13 PROHIBIT DANGEROUS WEAPONS FROM THE PROPERTY IN CERTAIN
14 CIRCUMSTANCES; PRESCRIBING THAT DANGEROUS WEAPONS MAY NOT BE
15 POSSESSED ON CHURCH OR HOSPITAL PREMISES UNLESS AUTHORIZED;
16 SPECIFYING PRIMA FACIE DETERMINATION THAT VIOLATOR HAS FAILED TO
17 MAINTAIN GOOD CHARACTER FOR A CONCEALED FIREARM PERMIT; PROVIDING
18 CRIMINAL PENALTIES; MAKING TECHNICAL CORRECTIONS; AND PROVIDING AN
19 EFFECTIVE DATE.
20 This act affects sections of Utah Code Annotated 1953 as follows:
22 35A-5-106 (Effective 07/01/97), as renumbered and amended by Chapter 240, Laws of Utah
24 53-5-704, as last amended by Chapter 1, Laws of Utah 1996
25 53A-11-904, as last amended by Chapter 74, Laws of Utah 1996
26 76-3-203.2, as last amended by Chapter 134, Laws of Utah 1994
27 76-6-206, as last amended by Chapter 142, Laws of Utah 1996
1 76-10-505.5, as last amended by Chapter 234, Laws of Utah 1993
3 53-5-710, Utah Code Annotated 1953
4 76-10-529, Utah Code Annotated 1953
5 76-10-530, Utah Code Annotated 1953
6 REPEALS AND REENACTS:
7 53A-3-502, as enacted by Chapter 2, Laws of Utah 1988
8 Be it enacted by the Legislature of the state of Utah:
9 Section 1. Section 35A-5-106 (Effective 07/01/97) is amended to read:
10 35A-5-106 (Effective 07/01/97). Discriminatory or unfair employment practices --
11 Permitted practices.
12 (1) It is a discriminatory or prohibited employment practice:
13 (a) (i) for an employer to refuse to hire, or promote, or to discharge, demote, terminate any
14 person, or to retaliate against, harass, or discriminate in matters of compensation or in terms,
15 privileges, and conditions of employment against any person otherwise qualified, because of race,
16 color, sex, pregnancy, childbirth, or pregnancy-related conditions, age, if the individual is 40 years
17 of age or older, religion, national origin, or handicap. No applicant nor candidate for any job or
18 position may be considered "otherwise qualified," unless he possesses the education, training,
19 ability, moral character, integrity, disposition to work, adherence to reasonable rules and
20 regulations, and other job related qualifications required by an employer for any particular job, job
21 classification, or position to be filled or created;
22 (ii) as used in this chapter, "to discriminate in matters of compensation" means the
23 payment of differing wages or salaries to employees having substantially equal experience,
24 responsibilities, and skill for the particular job. However, nothing in this chapter prevents
25 increases in pay as a result of longevity with the employer, if the salary increases are uniformly
26 applied and available to all employees on a substantially proportional basis. Nothing in this
27 section prohibits an employer and employee from agreeing to a rate of pay or work schedule
28 designed to protect the employee from loss of Social Security payment or benefits if the employee
29 is eligible for those payments;
30 (b) for an employment agency:
31 (i) to refuse to list and properly classify for employment, or to refuse to refer an individual
1 for employment, in a known available job for which the individual is otherwise qualified, because
2 of race, color, sex, pregnancy, childbirth, or pregnancy-related conditions, religion, national origin,
3 age, if the individual is 40 years of age or older, or handicap;
4 (ii) to comply with a request from an employer for referral of applicants for employment
5 if the request indicates either directly or indirectly that the employer discriminates in employment
6 on account of race, color, sex, pregnancy, childbirth, or pregnancy-related conditions, religion,
7 national origin, age, if the individual is 40 years of age or older, or handicap;
8 (c) for a labor organization to exclude any individual otherwise qualified from full
9 membership rights in the labor organization, or to expel the individual from membership in the
10 labor organization, or to otherwise discriminate against or harass any of its members in full
11 employment of work opportunity, or representation, because of race, sex, pregnancy, childbirth,
12 or pregnancy-related conditions, religion, national origin, age, if the individual is 40 years of age
13 or older, or handicap;
14 (d) for any employer, employment agency, or labor organization to print, or circulate, or
15 cause to be printed or circulated, any statement, advertisement, or publication, or to use any form
16 of application for employment or membership, or to make any inquiry in connection with
17 prospective employment or membership, which expresses, either directly or indirectly, any
18 limitation, specification, or discrimination as to race, color, religion, sex, pregnancy, childbirth,
19 or pregnancy-related conditions, national origin, age, if the individual is 40 years of age or older,
20 or handicap or intent to make any such limitation, specification, or discrimination; unless based
21 upon a bona fide occupational qualification, or required by, and given to, an agency of government
22 for security reasons;
23 (e) for any person, whether or not an employer, an employment agency, a labor
24 organization, or the employees or members thereof, to aid, incite, compel, or coerce the doing of
25 an act defined in this section to be a discriminatory or prohibited employment practice; or to
26 obstruct or prevent any person from complying with this chapter, or any order issued under it; or
27 to attempt, either directly or indirectly, to commit any act prohibited in this section;
28 (f) for any employer, labor organization, joint apprenticeship committee, or vocational
29 school, providing, coordinating, or controlling apprenticeship programs, or providing,
30 coordinating, or controlling on-the-job-training programs, instruction, training, or retraining
1 (i) to deny to, or withhold from, any qualified person, because of race, color, sex,
2 pregnancy, childbirth, or pregnancy-related conditions, religion, national origin, age, if the
3 individual is 40 years of age or older, or handicap the right to be admitted to, or participate in any
4 apprenticeship training program, on-the-job-training program, or other occupational instruction,
5 training or retraining program;
6 (ii) to discriminate against or harass any qualified person in that person's pursuit of such
7 programs, or to discriminate against such a person in the terms, conditions, or privileges of such
8 programs, because of race, color, sex, pregnancy, childbirth, or pregnancy-related conditions,
9 religion, national origin, age, if the individual is 40 years of age or older, or handicap;
10 (iii) to print, or publish, or cause to be printed or published, any notice or advertisement
11 relating to employment by the employer, or membership in or any classification or referral for
12 employment by a labor organization, or relating to any classification or referral for employment
13 by an employment agency, indicating any preference, limitation, specification, or discrimination
14 based on race, color, sex, pregnancy, childbirth, or pregnancy-related conditions, religion, national
15 origin, age, if the individual is 40 years of age or older, or handicap except that a notice or
16 advertisement may indicate a preference, limitation, specification, or discrimination based on race,
17 color, religion, sex, pregnancy, childbirth, or pregnancy-related conditions, age, national origin,
18 or handicap when religion, race, color, sex, age, national origin, or handicap is a bona fide
19 occupational qualification for employment.
20 (2) Nothing contained in Subsections (1)(a) through (1)(f) shall be construed to prevent
21 the termination of employment of an individual who is physically, mentally, or emotionally unable
22 to perform the duties required by that individual's employment, or to preclude the variance of
23 insurance premiums, of coverage on account of age, or affect any restriction upon the activities of
24 individuals licensed by the liquor authority with respect to persons under 21 years of age.
25 (3) (a) It is not a discriminatory or prohibited employment practice:
26 (i) for an employer to hire and employ employees, for an employment agency to classify
27 or refer for employment any individual, for a labor organization to classify its membership or to
28 classify or refer for employment any individual or for an employer, labor organization, or joint
29 labor-management committee controlling apprenticeship or other training or retraining programs
30 to admit or employ any individual in any such program, on the basis of religion, sex, pregnancy,
31 childbirth, or pregnancy-related conditions, age, national origin, or handicap in those certain
1 instances where religion, sex, pregnancy, childbirth, or pregnancy-related conditions, age, if the
2 individual is 40 years of age or older, national origin, or handicap is a bona fide occupational
3 qualification reasonably necessary to the normal operation of that particular business or enterprise;
4 (ii) for a school, college, university, or other educational institution to hire and employ
5 employees of a particular religion if the school, college, university, or other educational institution
6 is, in whole or in substantial part, owned, supported, controlled, or managed by a particular
7 religious corporation, association, or society, or if the curriculum of the school, college, university,
8 or other educational institution is directed toward the propagation of a particular religion;
9 (iii) for an employer to give preference in employment to his own spouse, son, son-in-law,
10 daughter, daughter-in-law, or to any person for whom the employer is or would be liable to furnish
11 financial support if those persons were unemployed; or for an employer to give preference in
12 employment to any person to whom the employer during the preceding six months has furnished
13 more than one-half of total financial support regardless of whether or not the employer was or is
14 legally obligated to furnish support; or for an employer to give preference in employment to any
15 person whose education or training was substantially financed by the employer for a period of two
16 years or more[
17 (iv) for an employer to prohibit employees, including a person licensed to carry a
18 concealed firearm under Title 53, Chapter 5, Part 7, Concealed Weapon Act, from possessing a
19 dangerous weapon, as defined in Section 76-10-501, while engaged in the employer's business or
20 participating in employer-sponsored activities.
21 (b) Nothing contained in this chapter applies to any business or enterprise on or near an
22 Indian reservation with respect to any publicly announced employment practice of the business
23 or enterprise under which preferential treatment is given to any individual because he is a native
24 American Indian living on or near an Indian reservation.
25 (c) Nothing contained in this chapter shall be interpreted to require any employer,
26 employment agency, labor organization, vocational school, joint labor-management committee,
27 or apprenticeship program subject to this chapter to grant preferential treatment to any individual
28 or to any group because of the race, color, religion, sex, age, national origin, or handicap of the
29 individual or group on account of an imbalance which may exist with respect to the total number
30 or percentage of persons of any race, color, religion, sex, age, national origin, or handicap
31 employed by any employer, referred or classified for employment by an employment agency or
1 labor organization, admitted to membership or classified by any labor organization, or admitted
2 to or employed in, any apprenticeship or other training program, in comparison with the total
3 number or percentage of persons of that race, color, religion, sex, age, national origin, or handicap
4 in any community or county or in the available work force in any community or county.
5 (4) It is not a discriminatory or prohibited practice with respect to age to observe the terms
6 of a bona fide seniority system or any bona fide employment benefit plan such as a retirement,
7 pension, or insurance plan which is not a subterfuge to evade the purposes of this chapter except
8 that no such employee benefit plan shall excuse the failure to hire any individual.
9 (5) Notwithstanding Subsection (4), or any other statutory provision to the contrary, other
10 than Subsection (6) and Section 67-5-8, and except where age is a bona fide occupational
11 qualification, no person shall be subject to involuntary termination or retirement from employment
12 on the basis of age alone, if the individual is 40 years of age or older.
13 (6) Nothing in this section prohibits compulsory retirement of an employee who has
14 attained at least 65 years of age, and who, for the two-year period immediately before retirement,
15 is employed in a bona fide executive or a high policymaking position, if that employee is entitled
16 to an immediate nonforfeitable annual retirement benefit from his employer's pension,
17 profit-sharing, savings, or deferred compensation plan, or any combination of those plans, which
18 benefit equals, in the aggregate, at least $44,000.
19 Section 2. Section 53-5-704 is amended to read:
20 53-5-704. Division duties -- Permit to carry concealed firearm -- Requirements for
21 issuance -- Violation -- Appeal procedure.
22 (1) The division or its designated agent shall issue a permit to carry a concealed firearm
23 for lawful self defense to an applicant who is 21 years of age or older within 60 days after
24 receiving an application and upon proof that the person applying is of good character. The permit
25 is valid throughout the state[
26 in Section 53-5-710.
27 (2) An applicant satisfactorily demonstrates good character if he:
28 (a) has not been convicted of a felony;
29 (b) has not been convicted of any crime of violence;
30 (c) has not been convicted of any offenses involving the use of alcohol;
31 (d) has not been convicted of any offense involving the unlawful use of narcotics or other
1 controlled substances;
2 (e) has not been convicted of any offenses involving moral turpitude;
3 (f) has not been convicted of any offense involving domestic violence; and
4 (g) has not been adjudicated by a court of a state or of the United States as mentally
5 incompetent, unless the adjudication has been withdrawn or reversed.
6 (3) (a) The division may deny a concealed firearm permit if the licensing authority has
7 reasonable cause to believe that the applicant has been or is a danger to self or others as
8 demonstrated by evidence including, but not limited to:
9 (i) past pattern of behavior involving unlawful violence or threats of unlawful violence;
11 (ii) past participation in incidents involving unlawful violence or threats of unlawful
13 (b) In determining whether the applicant has been or is a danger to self or others, the
14 division may inspect:
15 (i) expunged records of arrests and convictions of adults as provided in Section 77-18-15;
17 (ii) juvenile court records as provided in Section 78-3a-206.
18 (4) A former peace officer who departs full-time employment as a peace officer, in an
19 honorable manner, shall be issued a concealed firearm permit within five years of that departure
20 if the officer meets the requirements of this section.
21 (5) In assessing good character under Subsection (2), the licensing authority shall consider
22 mitigating circumstances.
23 (6) The licensing authority shall also require the applicant to provide:
24 (a) letters of character reference;
25 (b) two recent dated photographs;
26 (c) two sets of fingerprints;
27 (d) a five-year employment history;
28 (e) a five-year residential history; and
29 (f) evidence of general familiarity with the types of firearms to be concealed as defined
30 in Subsection (7).
31 (7) (a) General familiarity with the types of firearms to be concealed includes training in:
1 (i) the safe loading, unloading, storage, and carrying of the types of firearms to be
2 concealed; and
3 (ii) current laws defining lawful use of a firearm by a private citizen, including lawful
4 self-defense, use of deadly force, transportation, and concealment.
5 (b) Evidence of general familiarity with the types of firearms to be concealed is satisfied
6 by one of the following:
7 (i) completion of a course of instruction conducted by any national, state, or local firearms
8 training organization approved by the division;
9 (ii) certification of general familiarity by a person who has been approved by the division,
10 which may include a law enforcement officer, military or civilian firearms instructor, or hunter
11 safety instructor; or
12 (iii) equivalent experience with a firearm through participation in an organized shooting
13 competition, law enforcement, or military service.
14 (8) In issuing a permit under this part, the licensing authority is not vicariously liable for
15 damages caused by the permit holder.
16 (9) If any person knowingly and willfully provides false information on an application
17 filed under this part, he is guilty of a class B misdemeanor. Upon conviction, if a decision on the
18 application is pending, the application shall be denied; if the permit has been issued, it shall be
19 immediately revoked.
20 (10) (a) In the event of a denial or revocation by the agency, the applicant may, within 60
21 days of the date the denial or revocation is received by the applicant, file a petition for review with
22 the board.
23 (b) The denial of a permit shall be in writing and shall include the general reasons for the
25 (c) If an applicant appeals his denial to the review board, the applicant may have access
26 to the evidence upon which the denial is based in accordance with Title 63, Chapter 2, Government
27 Records Access and Management Act.
28 Section 3. Section 53-5-710 is enacted to read:
29 53-5-710. Cross references to concealed firearm permit restrictions.
30 As provided in the following cross-referenced sections, a person's right to carry a concealed
31 firearm under Section 53-5-704 is restricted in the following locations:
1 (1) any secure area prescribed in Section 76-10-523.5 in which firearms are prohibited and
2 notice of the prohibition posted;
3 (2) on public property or private property as provided in Section 76-6-206;
4 (3) on or about school premises as provided in Section 76-10-505.5;
5 (4) on church premises as provided in Section 76-10-529;
6 (5) on hospital premises as provided in Section 76-10-530; and
7 (6) an employee while engaged in the employer's business or activities as provided in
8 Section 34-35-6.
9 Section 4. Section 53A-3-502 is repealed and reenacted to read:
10 53A-3-502. Dangerous materials on school premises.
11 Dangerous weapons or explosives are prohibited on or about school premises as provided
12 in Section 76-10-505.5.
13 Section 5. Section 53A-11-904 is amended to read:
14 53A-11-904. Grounds for suspension or expulsion from a public school.
15 (1) A student may be suspended or expelled from a public school for any of the following
17 (a) frequent or flagrant willful disobedience, defiance of proper authority, or disruptive
18 behavior, including the use of foul, profane, vulgar, or abusive language;
19 (b) willful destruction or defacing of school property;
20 (c) behavior or threatened behavior which poses an immediate and significant threat to the
21 welfare, safety, or morals of other students or school personnel or to the operation of the school;
22 (d) possession, control, or use of an alcoholic beverage as defined in Section 32A-1-105;
24 (e) behavior proscribed under Subsection (2) which threatens harm or does harm to the
25 school or school property, to a person associated with the school, or property associated with any
26 such person, regardless of where it occurs.
27 (2) (a) A student shall be suspended or expelled from a public school for any of the
28 following reasons:
29 (i) any serious violation affecting another student or a staff member, or any serious
30 violation occurring in a school building, in or on school property, or in conjunction with any
31 school activity, including the possession, control, or actual or threatened use of a real, look alike,
1 or pretend weapon, explosive, or noxious or flammable material under Section [
2 76-10-505.5, or the sale, control, or distribution of a drug or controlled substance as defined in
3 Section 58-37-2, an imitation controlled substance defined in Section 58-37b-2, or drug
4 paraphernalia as defined in Section 58-37a-3; or
5 (ii) the commission of an act involving the use of force or the threatened use of force
6 which if committed by an adult would be a felony or class A misdemeanor.
7 (b) A student who commits a violation of Subsection (a) involving a real, look alike, or
8 pretend firearm, explosive, or flammable material shall be expelled from school for a period of not
9 less than one year, unless the district superintendent determines, on a case-by-case basis, that a
10 lesser penalty would be more appropriate.
11 (3) A student may be denied admission to a public school on the basis of having been
12 expelled from that or any other school during the preceding 12 months.
13 (4) A suspension or expulsion under this section is not subject to the age limitations under
14 Subsection 53A-11-102(1).
15 Section 6. Section 76-3-203.2 is amended to read:
16 76-3-203.2. Definitions -- Use of firearm in offenses committed on or about school
17 premises -- Enhanced penalties.
18 (1) For purposes of this section:
20 is required to hold a certificate issued by the State Board of Education in order to perform duties
21 of employment.
23 means any of the following:
24 (i) in a public or private elementary, secondary, or on the grounds of any of those schools;
25 (ii) in a public or private vocational school or postsecondary institution or on the grounds
26 of any of those schools or institutions;
27 (iii) in those portions of any building, park, stadium, or other structure or grounds which
28 are, at the time of the act, being used for an activity sponsored by or through a school or institution
29 under Subsections (1)(a)(i) and (ii);
30 (iv) in or on the grounds of a preschool or child-care facility; and
31 (v) within 1,000 feet of any structure, facility, or grounds included in Subsections (1)(a)(i),
1 (ii), (iii), and (iv).
4 or engaging in conduct required by the educator's employer to perform the duties of employment.
5 (2) Any person who, on or about school premises, commits any offense and uses or
6 threatens to use a firearm in his possession in the commission of the offense is subject to an
7 enhanced degree of offense as provided in Subsection (4).
8 (3) (a) Any person who commits an offense against an educator when the educator is
9 acting within the course of employment is subject to an enhanced degree of offense as provided
10 in Subsection (4).
11 (b) As used in Subsection (3)(a), "offense" means an offense under Title 76, Chapter 5,
12 Offenses Against The Person; and
13 (c) an offense under Title 76, Chapter 6, Part 3, Robbery.
14 (4) The enhanced degree of offense for offenses committed under this section are:
15 (a) if the offense is otherwise a class B misdemeanor it is a class A misdemeanor;
16 (b) if the offense is otherwise a class A misdemeanor it is a third degree felony;
17 (c) if the offense is otherwise a third degree felony it is a second degree felony; or
18 (d) if the offense is otherwise a second degree felony it is a first degree felony.
19 (5) The enhanced penalty for a first degree felony offense of a convicted person:
20 (a) shall be imprisonment for a term of not less than five years and which may be for life,
21 and imposition or execution of the sentence may not be suspended unless the court finds that the
22 interests of justice would be best served and states the specific circumstances justifying the
23 disposition on the record; and
24 (b) shall be subject also to the firearm enhancement provided in Section 76-3-203 except
25 for an offense committed under Subsection (3) that does not involve a firearm.
26 (6) (a) The prosecuting attorney, or grand jury if an indictment is returned, shall provide
27 notice upon the information or indictment that the defendant is subject to the enhanced degree of
28 offense or penalty under Subsection (4) or (5). The notice shall be in a clause separate from and
29 in addition to the substantive offense charged.
30 (b) If the notice is not included initially, the court may subsequently allow the prosecutor
31 to amend the charging documents to include the notice if the court finds the charging document,
1 including any statement of probable cause, provide notice to the defendant of the allegation he
2 committed the offense on or about school premises, or if the court finds the defendant has not
3 otherwise been substantially prejudiced by the omission.
4 (7) In cases where an offense is enhanced by a degree pursuant to Subsection (4)(a), (b),
5 (c), or (d), or under Subsection (5)(a) for an offense committed under Subsection (2) that does not
6 involve a firearm, the convicted person shall not be subject also to the firearm enhancement
7 contained in Section 76-3-203.
8 Section 7. Section 76-6-206 is amended to read:
9 76-6-206. Criminal trespass.
10 (1) For purposes of this section:
11 (a) "Dangerous weapon" means the same as defined in Section 76-10-501; and
12 (b) "[
13 (2) A person is guilty of criminal trespass if, under circumstances not amounting to
14 burglary as defined in Section 76-6-202, 76-6-203, or 76-6-204:
15 (a) he enters or remains unlawfully on property and:
16 (i) intends to cause annoyance or injury to any person or damage to any property,
17 including the use of graffiti as defined in Section 76-6-107;
18 (ii) intends to commit any crime, other than theft or a felony; or
19 (iii) is reckless as to whether his presence will cause fear for the safety of another; or
20 (b) knowing his entry or presence is unlawful, he enters or remains on property as to which
21 notice against entering is given by:
22 (i) personal communication to the actor by the owner or someone with apparent authority
23 to act for the owner;
24 (ii) fencing or other enclosure obviously designed to exclude intruders;
25 (iii) posting of signs reasonably likely to come to the attention of intruders or those
26 persons to whom the owner wishes to prohibit entry pursuant to Subsection (3).
27 (3) An owner, lessee, or person entitled to control private property:
28 (a) retains the right to prohibit any person, including a person licensed to carry a concealed
29 firearm pursuant to Title 53, Chapter 5, Part 7, Concealed Weapon Act, from bringing a dangerous
30 weapon onto the property; and
31 (b) may exercise the right to prohibit the entry by giving notice in the same manner as
1 prescribed in Subsection (2)(b).
2 (4) (a) For property of the state or a political subdivision, as defined in Section 14-1-18,
3 a person or entity with authority to make the designation retains the right to prohibit any person,
4 including a person licensed to carry a concealed firearm pursuant to Title 53, Chapter 5, Part 7,
5 Concealed Weapon Act, from bringing a dangerous weapon onto the property; and
6 (b) may exercise the right to prohibit the entry by giving notice of the public property on
7 which dangerous weapons are prohibited as follows:
8 (i) by state law or local ordinance;
9 (ii) by posting of signs reasonably likely to come to the attention of those persons to whom
10 the owner wishes to prohibit entry; or
11 (iii) by annual publication in a newspaper of general circulation.
13 committed in a dwelling, in which event it is a class B misdemeanor.
14 (b) A violation of Subsection (2)(b) is an infraction.
15 (c) A violation of Subsection (3) or (4) is a class B misdemeanor.
17 (a) property was open to the public when the actor entered or remained[
18 actor's conduct did not substantially interfere with the owner's use of the property[
19 did not possess a dangerous weapon; or
20 (b) person in possession of the dangerous weapon is otherwise authorized by law to enter
21 or remain on the owner's property.
22 Section 8. Section 76-10-505.5 is amended to read:
23 76-10-505.5. Possession of a dangerous weapon, firearm, explosive, or sawed-off
24 shotgun on or about school premises -- Penalty.
25 (1) For purposes of this section:
26 (a) "Explosive" is the same as defined for "explosive, chemical, or incendiary device" in
27 Section 76-10-306.
28 (b) "On or about school premises" means:
29 (i) in a public or private elementary, secondary, or on the grounds of any of those schools;
30 (ii) in a public or private vocational school or postsecondary institution or on the grounds
31 of any of those schools or institutions;
1 (iii) in those portions of any building, park, stadium, or other structure or grounds which
2 are, at the time of the act, being used for an activity sponsored by or through a school or institution
3 under Subsections (1)(a)(i) and (ii);
4 (iv) in or on the grounds of a preschool or child-care facility; and
5 (v) within 1,000 feet of any structure, facility, or grounds included in Subsections (1)(b)(i)
6 through (iv), except as authorized in a residence by Section 76-10-511.
8 at a place that the person knows, or has reasonable cause to believe, is on or about school premises.
10 about school premises is a class B misdemeanor.
11 (b) Possession of a firearm or sawed-off shotgun on or about school premises is a class A
14 (a) a person authorized to possess a firearm:
15 (i) in a residence as authorized by Section 76-10-511; or
16 (ii) as an exempt person as provided [
19 (b) when the item or material is in the possession of a person otherwise authorized to have
20 possession of the item or material whose presence on the grounds of the school is transitory and
21 for a legal purpose, including a commercial driver's delivery of materials to a school building or
22 a person who remains with his vehicle and whose presence on the school grounds is for the sole
23 purpose of transporting a student to or from the school;
24 (c) a person who has permission from the responsible school administrator or governing
25 body of the institution;
26 (d) when the item or material is present or to be used in connection with a lawful activity
27 approved by the responsible school administrator or governing body of the institution and is in the
28 possession or under the control of the person responsible for its possession or use; or
29 (e) the item or material is in the possession of or under the control of a peace officer as
30 defined in Section 77-1a-1.
1 may occur on or about school premises.
2 Section 9. Section 76-10-529 is enacted to read:
3 76-10-529. Possession of dangerous weapon on church premises prohibited --
4 Exceptions -- Penalty -- Good character determination.
5 (1) For purposes of this section, "church" is the same as defined in Section 32A-1-105.
6 (2) Except as provided in Section 76-10-523, a person, including a person licensed to carry
7 a concealed firearm under Title 53, Chapter 5, Part 7, Concealed Weapon Act, is guilty of a class
8 B misdemeanor if the person possesses a dangerous weapon in a church, or on the premises or
9 property owned, leased, or used by a church, unless the person has permission from the responsible
10 church authority.
11 (3) It is a prima facie determination that any person violating this section has failed to
12 maintain good character for purposes of a concealed firearm permit pursuant to Section 53-5-704.
13 Section 10. Section 76-10-530 is enacted to read:
14 76-10-530. Possession of dangerous weapon on hospital premises prohibited -
15 Exceptions - Penalty - Good character determination.
16 (1) For purposes of this section, "hospital" means a facility which provides diagnostic,
17 therapeutic, and rehabilitative services to both inpatients and outpatients by or under the
18 supervision of physicians.
19 (2) Except as provided in Section 76-10-523, a person, including a person licensed to carry
20 a concealed firearm under Title 53, Chapter 5, Part 7, Concealed Weapon Act, is guilty of a class
21 B misdemeanor if the person possesses a dangerous weapon in a hospital, or on the premises or
22 property owned, leased, or used by a hospital, unless the person has permission from the
23 responsible hospital authority.
24 (3) It is a prima facie determination that any person violating this section has failed to
25 maintain good character for purposes of a concealed firearm permit pursuant to Section 53-5-704.
26 Section 11. Effective date.
27 This act takes effect on May 5, 1997, except that Section 35A-5-106 takes effect on July
28 1, 1997, due to the effective date of H.B. 375, Department of Workforce Services, from the 1996
29 Annual General Session.
Legislative Review Note
as of 12-12-96 2:12 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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