First Substitute H.B. 199

Representative Carol Spackman Moss proposes the following substitute bill:

1 DISRUPTION OF ACTIVITIES IN OR NEAR
2 SCHOOL BUILDING
3 2004 GENERAL SESSION
4 STATE OF UTAH
5 Sponsor: Carol Spackman Moss
6
7 LONG TITLE
8 General Description:
9 This bill creates the offense of interfering with the peaceful activities of a school for
10 kindergarten through 12th grade.
11 Highlighted Provisions:
12 This bill:
13 . defines a school as a public or private K-12 school;
14 . creates the offense of disrupting school activities by conduct near the school and not
15 leaving when requested by the school administrator; and
16 . provides for a class B misdemeanor penalty for the first and second offense, and a
17 class A misdemeanor penalty for any subsequent offenses.
18 Monies Appropriated in this Bill:
19 None
20 Other Special Clauses:
21 None
22 Utah Code Sections Affected:
23 ENACTS:
24 76-8-1401, Utah Code Annotated 1953
25 76-8-1402, Utah Code Annotated 1953

26
27 Be it enacted by the Legislature of the state of Utah:
28 Section 1. Section 76-8-1401 is enacted to read:
29 Part 14. Disruption of School Activities
30 76-8-1401. Definitions.
31 As used in this part:
32 (1) "Chief administrator" means the principal of a school or the chief administrator of a
33 school that does not have a principal, and includes the administrator's designee or
34 representative.
35 (2) "School" means an elementary school or a secondary school that:
36 (a) is a public or private school; and
37 (b) provides instruction for one or more of the grades kindergarten through 12.
38 Section 2. Section 76-8-1402 is enacted to read:
39 76-8-1402. Disruption of activities in or near school building -- Failure to leave --
40 Reentry -- Penalties.
41 (1) In the absence of a local ordinance or other controlling law governing the conduct
42 described in this Subsection (1), a person is guilty of an offense under Subsection (2) who,
43 while on a street, sidewalk or public way adjacent to any school building or ground:
44 (a) by his or her presence or acts, materially disrupts the peaceful conduct of school
45 activities; and
46 (b) remains upon the place under Subsection (1)(a) after being asked to leave by the
47 chief administrator of that school.
48 (2) (a) A violation of Subsection (1) is subject to the penalties under Subsection (2)(b)
49 unless the violation constitutes another offense subject to a greater penalty.
50 (b) (i) The first and second violation of Subsection (1) are class B misdemeanors.
51 (ii) A third and any subsequent violations of Subsection (1) are class A misdemeanors.

*HB0199S01*