H.B. 199 Enrolled

DISRUPTION OF ACTIVITIES IN OR NEAR
SCHOOL BUILDING
2004 GENERAL SESSION
STATE OF UTAH
Sponsor: Carol Spackman Moss

LONG TITLE
General Description:
This bill creates the offense of interfering with the peaceful activities of a school for
kindergarten through 12th grade.
Highlighted Provisions:
This bill:
. defines a school as a public or private K-12 school;
. creates the offense of disrupting school activities by conduct near the school and not
leaving when requested by the school administrator; and
. provides for a class B misdemeanor penalty for the first and second offense, and a
class A misdemeanor penalty for any subsequent offenses.
Monies Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
ENACTS:
76-8-1401, Utah Code Annotated 1953
76-8-1402, Utah Code Annotated 1953

Be it enacted by the Legislature of the state of Utah:
Section 1. Section 76-8-1401 is enacted to read:
Part 14. Disruption of School Activities

76-8-1401. Definitions.
As used in this part:
(1) "Chief administrator" means the principal of a school or the chief administrator of a
school that does not have a principal, and includes the administrator's designee or representative.
(2) "School" means an elementary school or a secondary school that:
(a) is a public or private school; and
(b) provides instruction for one or more of the grades kindergarten through 12.
Section 2. Section 76-8-1402 is enacted to read:
76-8-1402. Disruption of activities in or near school building -- Failure to leave --
Reentry -- Penalties.
(1) In the absence of a local ordinance or other controlling law governing the conduct
described in this Subsection (1), a person is guilty of an offense under Subsection (2) who, while
on a street, sidewalk, or public way adjacent to any school building or ground:
(a) by his or her presence or acts, materially disrupts the peaceful conduct of school
activities; and
(b) remains upon the place under Subsection (1)(a) after being asked to leave by the chief
administrator of that school.
(2) (a) A violation of Subsection (1) is subject to the penalties under Subsection (2)(b)
unless the violation constitutes another offense subject to a greater penalty.
(b) (i) The first and second violation of Subsection (1) are class B misdemeanors.
(ii) A third and any subsequent violations of Subsection (1) are class A misdemeanors.

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