H.B. 176 Enrolled

WEAPONS RESTRICTIONS FOR MENTALLY ILL PERSONS
2000 GENERAL SESSION
STATE OF UTAH
Sponsor: Gary F. Cox
A. Lamont Tyler
Marlon O. Snow
Jordan Tanner
David L. Gladwell
Bryan D. Holladay
John E. Swallow
Lloyd W. Frandsen
Brad King
Neil A. Hansen
Karen W. Morgan
Jackie Biskupski
Judy Ann Buffmire
Duane E. Bourdeaux
Trisha S. Beck
Lawanna Shurtliff
Loretta Baca
Greg J. Curtis
Brent H. Goodfellow
Fred J. Fife
Patrice M. Arent

AN ACT RELATING TO PUBLIC SAFETY AND HUMAN SERVICES; REQUIRING THE
MAGISTRATES AND COURT CLERKS TO FURNISH CERTAIN INFORMATION TO THE
CRIMINAL INVESTIGATIONS AND TECHNICAL SERVICES DIVISION OF THE
DEPARTMENT OF PUBLIC SAFETY.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
53-10-208, as last amended by Chapter 187 and renumbered and amended by Chapter 263,
Laws of Utah 1998
62A-12-247, as last amended by Chapter 161, Laws of Utah 1989
ENACTS:
53-10-208.1, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 53-10-208 is amended to read:
53-10-208. Definition -- Offenses included on statewide warrant system --
Transportation fee to be included -- Statewide warrant system responsibility -- Quality
control -- Training -- Technical support -- Transaction costs.
(1) "Statewide warrant system" means the portion of the state court computer system that
is accessible by modem from the state mainframe computer and contains:
(a) records of criminal warrant information; and
(b) after notice and hearing, records of protective orders issued pursuant to:

(i) Title 30, Chapter 6, Cohabitant Abuse Act; or
(ii) Title 77, Chapter 36, Cohabitant Abuse Procedures Act.
[(2) Every magistrate or clerk of a court responsible for court records in this state shall
furnish the division with information pertaining to:]
[(a) all dispositions of criminal matters, including guilty pleas, convictions, dismissals,
acquittals, pleas held in abeyance, or probations granted, within 30 days of the disposition and on
forms and in the manner provided by the division;]
[(b) the issuance, recall, cancellation, or modification of all warrants of arrest or commitment
as described in Rule 6, Utah Rules of Criminal Procedure and Section 78-32-4 , within one day of the
action and in a manner provided by the division; and]
[(c) protective orders issued after notice and hearing, pursuant to:]
[(i) Title 30, Chapter 6, Cohabitant Abuse Act; or ]
[(ii) Title 77, Chapter 36, Cohabitant Abuse Procedures Act.]
[(3)] (2) (a) (i) The division shall include on the statewide warrant system all warrants issued
for felony offenses and class A, B, and C misdemeanor offenses in the state.
(ii) For each offense the division shall indicate whether the magistrate ordered under Section
77-7-5 and Rule 6, Utah Rules of Criminal Procedure, that the accused appear in court.
(b) Infractions shall not be included on the statewide warrant system, including any
subsequent failure to appear warrants issued on an infraction.
[(4)] (3) The division is the agency responsible for the statewide warrant system and shall:
(a) ensure quality control of all warrants of arrest or commitment and protective orders
contained in the statewide warrant system by conducting regular validation checks with every clerk
of a court responsible for entering the information on the system;
(b) upon the expiration of the protective orders and in the manner prescribed by the division,
purge information regarding protective orders described in Subsection [(2)(c)] 53-10-208.1 (4) within
30 days of the time after expiration;
(c) establish system procedures and provide training to all criminal justice agencies having
access to information contained on the state warrant system;

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(d) provide technical support, program development, and systems maintenance for the
operation of the system; and
(e) pay data processing and transaction costs for state, county, and city law enforcement
agencies and criminal justice agencies having access to information contained on the state warrant
system.
[(5)] (4) (a) Any data processing or transaction costs not funded by legislative appropriation
shall be paid on a pro rata basis by all agencies using the system during the fiscal year.
(b) This subsection supersedes any conflicting provision in Subsection [(4)] (3)(e).
Section 2. Section 53-10-208.1 is enacted to read:
53-10-208.1. Magistrates and court clerks to supply information.
Every magistrate or clerk of a court responsible for court records in this state shall, within 30
days of the disposition and on forms and in the manner provided by the division, furnish the division
with information pertaining to:
(1) all dispositions of criminal matters, including:
(a) guilty pleas;
(b) convictions;
(c) dismissals;
(d) acquittals;
(e) pleas held in abeyance;
(f) judgments of not guilty by reason of insanity for a violation of:
(i) a felony offense;
(ii) Title 76, Chapter 5, Offenses Against the Person; or
(iii) Title 76, Chapter 10, Part 5, Weapons;
(g) findings of mental incompetence to stand trial for a violation of:
(i) a felony offense;
(ii) Title 76, Chapter 5, Offenses Against the Person; or
(iii) Title 76, Chapter 10, Part 5, Weapons; or
(h) probations granted; and

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(2) orders of civil commitment under the terms of Section 62A-12-234 ;
(3) the issuance, recall, cancellation, or modification of all warrants of arrest or commitment
as described in Rule 6, Utah Rules of Criminal Procedure and Section 78-32-4 , within one day of the
action and in a manner provided by the division; and
(4) protective orders issued after notice and hearing, pursuant to:
(a) Title 30, Chapter 6, Cohabitant Abuse Act; or
(b) Title 77, Chapter 36, Cohabitant Abuse Procedures Act.
Section 3. Section 62A-12-247 is amended to read:
62A-12-247. Confidentiality of information and records -- Exceptions -- Penalty.
(1) All certificates, applications, records, and reports made for the purpose of this part,
including those made on judicial proceedings for involuntary commitment, that directly or indirectly
identify a patient or former patient or an individual whose commitment has been sought under this
part, shall be kept confidential and may not be disclosed by any person except insofar as:
(a) the individual identified or his legal guardian, if any, or, if a minor, his parent or legal
guardian shall consent;
(b) disclosure may be necessary to carry out [any of] the provisions of:
(i) this part; or
(ii) Section 53-10-208.1 ; or
(c) a court may direct, upon its determination that disclosure is necessary for the conduct of
proceedings before it, and that failure to make the disclosure would be contrary to the public interest.
(2) A person who [violates any provision of] knowingly or intentionally discloses any
information not authorized by this section is guilty of a class B misdemeanor.

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