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S.B. 38






Sponsor: Michael G. Waddoups

11    This act affects sections of Utah Code Annotated 1953 as follows:
12    AMENDS:
13         76-3-203.2, as last amended by Chapter 134, Laws of Utah 1994
14         76-10-505.5, as last amended by Chapter 234, Laws of Utah 1993
15    ENACTS:
16         53-5-710, Utah Code Annotated 1953
18         53A-3-502, as enacted by Chapter 2, Laws of Utah 1988
19    Be it enacted by the Legislature of the state of Utah:
20        Section 1. Section 53A-3-502 is repealed and reenacted to read:
21         53A-3-502. Dangerous materials on school premises.
22        Dangerous weapons or explosives are prohibited on or about school premises as provided
23    in Section 76-10-505.5.
24        Section 2. Section 53-5-710 is enacted to read:
25         53-5-710. Cross references to concealed firearm permit restrictions.
26        As provided in the following cross referenced sections, a person with a permit to carry a
27    concealed firearm may not carry a concealed firearm 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 school premises or other child-centered schools and facilities as provided in Section
4    76-10-505.5.
5        Section 3. Section 76-3-203.2 is amended to read:
6         76-3-203.2. Definitions -- Enhanced penalties for use of firearm on or about school
7     premises.
8        (1) For purposes of this section:
9        (a) "On or about school premises" as used in this section [and Section 76-10-505.5] means
10    any of the following:
11        (i) in a public or private elementary, secondary, or on the grounds of any of those schools;
12        (ii) in a public or private vocational school or postsecondary institution or on the grounds
13    of any of those schools or institutions;
14        (iii) in those portions of any building, park, stadium, or other structure or grounds which
15    are, at the time of the act, being used for an activity sponsored by or through a school or institution
16    under Subsections (1)(a)(i) and (ii);
17        (iv) in or on the grounds of a preschool or child-care facility; and
18        (v) within 1,000 feet of any structure, facility, or grounds included in Subsections (1)(a)(i),
19    (ii), (iii), and (iv).
20        (b) As used in this section:
21        (i) "Educator" means any person who is employed by a public school district and who is
22    required to hold a certificate issued by the State Board of Education in order to perform duties of
23    employment.
24        (ii) "Within the course of employment" means that an educator is providing services or
25    engaging in conduct required by the educator's employer to perform the duties of employment.
26        (2) Any person who, on or about school premises, commits any offense and uses or
27    threatens to use a firearm in his possession in the commission of the offense is subject to an
28    enhanced degree of offense as provided in Subsection (4).
29        (3) (a) Any person who commits an offense against an educator when the educator is
30    acting within the course of employment is subject to an enhanced degree of offense as provided
31    in Subsection (4).

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1        (b) As used in Subsection (3)(a), "offense" means an offense under Title 76, Chapter 5,
2    Offenses Against The Person; and
3        (c) an offense under Title 76, Chapter 6, Part 3, Robbery.
4        (4) The enhanced degree of offense for offenses committed under this section are:
5        (a) if the offense is otherwise a class B misdemeanor it is a class A misdemeanor;
6        (b) if the offense is otherwise a class A misdemeanor it is a third degree felony;
7        (c) if the offense is otherwise a third degree felony it is a second degree felony; or
8        (d) if the offense is otherwise a second degree felony it is a first degree felony.
9        (5) The enhanced penalty for a first degree felony offense of a convicted person:
10        (a) shall be imprisonment for a term of not less than five years and which may be for life,
11    and imposition or execution of the sentence may not be suspended unless the court finds that the
12    interests of justice would be best served and states the specific circumstances justifying the
13    disposition on the record; and
14        (b) shall be subject also to the firearm enhancement provided in Section 76-3-203 except
15    for an offense committed under Subsection (3) that does not involve a firearm.
16        (6) (a) The prosecuting attorney, or grand jury if an indictment is returned, shall provide
17    notice upon the information or indictment that the defendant is subject to the enhanced degree of
18    offense or penalty under Subsection (4) or (5). The notice shall be in a clause separate from and
19    in addition to the substantive offense charged.
20        (b) If the notice is not included initially, the court may subsequently allow the prosecutor
21    to amend the charging documents to include the notice if the court finds the charging document,
22    including any statement of probable cause, provide notice to the defendant of the allegation he
23    committed the offense on or about school premises, or if the court finds the defendant has not
24    otherwise been substantially prejudiced by the omission.
25        (7) In cases where an offense is enhanced by a degree pursuant to Subsection (4)(a), (b),
26    (c), or (d), or under Subsection (5)(a) for an offense committed under Subsection (2) that does not
27    involve a firearm, the convicted person shall not be subject also to the firearm enhancement
28    contained in Section 76-3-203.
29        Section 4. Section 76-10-505.5 is amended to read:
30         76-10-505.5. Possession of a dangerous weapon, firearm, sawed-off shotgun, or
31     explosives on school premises -- Penalty.

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1        (1) For purposes of this section:
2        (a) "Explosive" is the same as defined for "explosive, chemical, or incendiary device" in
3    Section 76-10-306.
4        (b) "Responsible school administrator" means the principal, the principal's designee, or
5    a representative of the school district office.
6        (c) "School is in session" means one hour before classes start to one hour after classes end.
7        [(1)] (2) A person, including a person licensed to carry a concealed firearm under Title 53,
8    Chapter 5, Part 7, Concealed Weapons, may not possess any dangerous weapon, firearm, [or]
9    sawed-off shotgun, or explosive at a place that the person knows, or has reasonable cause to
10    believe, is [on or about school premises.]:
11        (a) in a public or private elementary or secondary school building, or is on any portion of
12    the school playground during hours when school is in session;
13        (b) in those portions of any building, park, stadium, or other structure or grounds which
14    are on school premises and which are, at the time of the possession, being used for a school
15    activity sponsored by or through a public or private elementary or secondary school; or
16        (c) in or on the grounds of a preschool or child-care facility when the school or facility is
17    in session and identification as a preschool or child-care facility is readily visible.
18        [(2)] (3) (a) Possession of a dangerous weapon [on or about school premises] in violation
19    of this section is a class B misdemeanor.
20        (b) Possession of a firearm or sawed-off shotgun [on or about school premises] in violation
21    of this section is a class A misdemeanor.
22        [(3)] (4) This section applies to any person, except [persons]:
23        (a) a person authorized to possess a dangerous weapon or firearm:
24        (i) in a residence as authorized by Section 76-10-511, property, or business; or
25        (ii) as an exempt person as provided [under Sections 53-5-704, 53-5-705, 53A-3-502,
26    76-10-510, 76-10-511,] in Section 76-10-523[, and Subsection 76-10-504(2) and as otherwise
27    authorized by law.]; and
28        (b) a person whose possession of the dangerous weapon or firearm is lawful and:
29        (i) the possession is approved by the responsible school administrator;
30        (ii) the item or material is present or to be used in connection with a lawful, approved
31    activity and is in the possession or under the control of the person responsible for its possession

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1    or use; or
2        (iii) in the outdoor areas of implied access to the school, preschool, or child-care facility,
3    which areas include walkways, sidewalks, roadways, and parking lots.
4        [(4)] (5) This section does not prohibit prosecution of a more serious weapons offense that
5    may occur on or about school premises.

Legislative Review Note
    as of 1-2-97 12:56 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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