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H.B. 74






Sponsor: Neal B. Hendrickson

             6      This act modifies the Criminal Code by providing that entering a school bus to commit a
             7      crime or interfere with the driver, or refusing to leave a school bus upon the order of the
             8      driver, and under specified circumstances, is a misdemeanor. This act also requires that
             9      each school bus be posted with entrance signs stating that unauthorized entry of a school
             10      bus is a criminal offense.
             11      This act affects sections of Utah Code Annotated 1953 as follows:
             12      ENACTS:
             13          76-9-107, Utah Code Annotated 1953
             14      Be it enacted by the Legislature of the state of Utah:
             15          Section 1. Section 76-9-107 is enacted to read:
             16          76-9-107. Unauthorized entry of school bus -- Posting of warning on school buses.
             17          (1) As used in this section:
             18          (a) "Driver" means the driver of the school bus.
             19          (b) "School bus" means every publicly or privately owned motor vehicle designed for
             20      transporting ten or more passengers and operated for the transportation of children to or from
             21      school or school activities.
             22          (2) A person is guilty of a class B misdemeanor if the person:
             23          (a) enters a school bus with the intent to commit a criminal offense;
             24          (b) enters a school bus and disrupts or interferes with the driver; or
             25          (c) enters a school bus and refuses to leave the bus after being ordered to leave by the
             26      driver and the person:
             27          (i) is not authorized by the school district to board the bus as a student or as an

             28      individual employed by the school district or volunteering as a participant in a school activity;
             29          (ii) causes or attempts to cause a disruption or an annoyance to any passenger on the
             30      bus; or
             31          (iii) is reckless as to whether the person's presence or behavior will cause fear on the
             32      part of any passenger on the bus.
             33          (3) Each school district shall ensure that clearly legible signs be placed on each school
             34      bus, next to each entrance to the bus, warning that unauthorized entry of a school bus is a
             35      violation of state law.

Legislative Review Note
    as of 1-6-03 3:06 PM

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

Office of Legislative Research and General Counsel

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