H.B. 177

1

INTERFERENCE WITH SCHOOL ACTIVITIES
2 2004 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Bradley G. Last
5
6 LONG TITLE
7 General Description:
8 This bill creates the offense of interfering with the peaceful activities of a school for
9 grades kindergarten through 12th grade.
10 Highlighted Provisions:
11 This bill:
12 . defines a school as a public or private K-12 school;
13 . creates the offense of disrupting school activities by conduct at or near the school
14 and not leaving when requested by the school administrator; and
15 . provides for a class B misdemeanor for the first and second offense, and a class A
16 misdemeanor for any subsequent offenses.
17 Monies Appropriated in this Bill:
18 None
19 Other Special Clauses:
20 None
21 Utah Code Sections Affected:
22 ENACTS:
23 78-8a-101, Utah Code Annotated 1953
24 78-8a-102, Utah Code Annotated 1953
25
26 Be it enacted by the Legislature of the state of Utah:
27 Section 1. Section 78-8a-101 is enacted to read:

28 Part 1. Disruption of School Activities
29 78-8a-101. Definitions.
30 As used in this part:
31 (1) "Chief administrator" means the principal of a school or the chief administrator of a
32 school that does not have a principal, and includes the administrator's designee or
33 representative.
34 (2) "School" means an elementary school or a secondary school that:
35 (a) is a public or private school; and
36 (b) provides instruction for one or more of the grades kindergarten through 12.
37 Section 2. Section 78-8a-102 is enacted to read:
38 78-8a-102. Disruption of activities in or near school building -- Failure to leave --
39 Reentry -- Penalties.
40 (1) A person is guilty of an offense under Subsection (2):
41 (a) who comes into any school building or upon any school ground, or street, sidewalk,
42 or public way adjacent to any school building or ground;
43 (b) whose presence or acts interfere with the peaceful conduct of the activities of any
44 school or disrupt the school or its pupils or school activities; and
45 (c) who:
46 (i) remains upon the place under Subsection (1)(a) after being asked to leave by the
47 chief administrator of that school; or
48 (ii) enters again upon the place under Subsection (1)(a) within 72 hours after having
49 been asked to leave under Subsection (1)(c)(i).
50 (2) (a) A violation of Subsection (1) is subject to the penalties under Subsection (2)(b)
51 unless the violation constitutes another offense subject to a greater penalty.
52 (b) (i) The first and second violation of Subsection (1) are class B misdemeanors.
53 (ii) A third and any subsequent violations of Subsection (1) are class A misdemeanors.

Legislative Review Note
as of 10-1-03 9:10 AM

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

Office of Legislative Research and General Counsel