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S.B. 42

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JUVENILE CURFEW

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1997 GENERAL SESSION

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STATE OF UTAH

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Sponsor: Lorin V. Jones

5    AN ACT RELATING TO THE CRIMINAL CODE; CREATING A STATEWIDE CURFEW
6    FOR MINORS FROM 12 MIDNIGHT TO 6 A.M.; PROVIDING FOR EXCEPTIONS; AND
7    ESTABLISHING A PENALTY.
8    This act affects sections of Utah Code Annotated 1953 as follows:
9    ENACTS:
10         76-10-2201, Utah Code Annotated 1953
11         76-10-2202, Utah Code Annotated 1953
12         76-10-2203, Utah Code Annotated 1953
13         76-10-2204, Utah Code Annotated 1953
14    Be it enacted by the Legislature of the state of Utah:
15        Section 1. Section 76-10-2201 is enacted to read:
16    
Part 22. Curfews

17         76-10-2201. Curfew hours -- Violation.
18        (1) The hours between 12 midnight and 6 a.m. each day of the week are established as
19    statewide curfew hours.
20        (2) It is a violation of this chapter for any minor under the age of 18 years to be or remain
21    in any public or semipublic place during curfew hours.
22        (3) A parent or guardian of a minor violates the provisions of this chapter if the parent or
23    guardian knowingly permits a minor to remain in any public or semipublic place during curfew
24    hours or fails to make a reasonable effort to prevent the minor from violating the provisions of
25    Subsection (2).
26        Section 2. Section 76-10-2202 is enacted to read:
27         76-10-2202. Exceptions.


1        (1) This chapter does not apply in areas where the local governing body has enacted
2    curfew hours applicable to minors, including any enacted after the effective date of this chapter.
3        (2) Section 76-10-2201 does not apply if the minor is:
4        (a) married;
5         (b) accompanied by a parent or guardian;
6        (c) exercising First Amendment rights protected by the U.S. Constitution or those
7    equivalent rights under the Utah Constitution, Article I, Section 1;
8        (d) traveling to or from their place of employment;
9        (e) responding to an emergency; or
10        (f) attending a supervised school, religious, or recreational activity.
11        Section 3. Section 76-10-2203 is enacted to read:
12         76-10-2203. Peace officer responsibilities.
13        (1) A peace officer who detains a minor suspected to be in violation of this chapter shall
14    allow the minor to explain their presence in order to determine whether or not the minor is in
15    violation of this chapter.
16        (2) If the peace officer still believes that the minor is in violation of this chapter, the peace
17    officer shall take the minor to the minor's home or usual place of residence and relinquish the
18    minor to the custody of a parent, guardian, or other responsible adult in residence.
19        (3) If there is no parent, guardian, or other responsible adult at the minor's place of
20    residence, the peace officer shall take the minor to a facility designated by the county in which the
21    minor is found. The facility may not be a detention or secure facility.
22        Section 4. Section 76-10-2204 is enacted to read:
23         76-10-2204. Penalties.
24        (1) A violation of Subsections 76-10-2201(2) or (3) is a class C misdemeanor.
25        (2) The minor and their parent or guardian may also be required to perform community
26    service of not more than ten hours and attend counseling.


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Legislative Review Note
    as of 1-13-97 3:06 PM


This bill raises the following constitutional or statutory concerns:

    
The U.S. Supreme Court has traditionally applied a 2-pronged strict scrutiny test to curfews.
Under that test, it is possible that this bill would not survive a constitutional challenge. While
there is a compelling state interest in the welfare of minors and, therefore, a reason to limit
their activity during certain hours, the requirement that the law be narrowly tailored to achieve
its objective is difficult to do on a statewide basis where each local area has different problems,
objectives, and solutions.

Office of Legislative Research and General Counsel


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