Download Zipped Introduced WordPerfect HB0354.ZIP
[Status][Bill Documents][Fiscal Note][Bills Directory]
7 LONG TITLE
8 General Description:
9 This bill modifies provisions of the Bus Passenger Safety Act related to the carrying of
10 concealed dangerous weapons or hazardous materials or devices into a bus terminal or
11 aboard a bus.
12 Highlighted Provisions:
13 This bill:
14 . provides uniformity in the exceptions provisions of the Bus Passenger Safety Act
15 regarding individuals who may carry a weapon or firearm into a bus terminal or
16 onto a bus;
17 . modifies contradictory felony penalty provisions for a violation of boarding a bus
18 with a concealed dangerous weapon or firearm; and
19 . makes certain technical changes.
20 Monies Appropriated in this Bill:
22 Other Special Clauses:
24 Utah Code Sections Affected:
26 76-10-1504, as last amended by Chapters 13 and 282, Laws of Utah 1998
27 76-10-1507, as last amended by Chapter 282, Laws of Utah 1998
29 Be it enacted by the Legislature of the state of Utah:
30 Section 1. Section 76-10-1504 is amended to read:
31 76-10-1504. Bus hijacking -- Assault with intent to commit hijacking -- Use of a
32 dangerous weapon or firearm -- Penalties.
33 (1) (a) A person is guilty of bus hijacking if [
34 by force or violence or threat of force or violence, of [
35 (b) Bus hijacking is a first degree felony.
36 (2) (a) A person is guilty of assault with the intent to commit bus hijacking if [
37 person intimidates, threatens, or commits assault or battery toward [
38 guard, or any other person in control of a bus so as to interfere with the performance of duties
39 by [
40 (b) Assault with the intent to commit bus hijacking is a second degree felony.
41 (3) [
42 hijacking, uses a dangerous weapon, as defined in Section 76-1-601 , is guilty of a first degree
44 (4) (a) [
45 firearm upon his person or effects is guilty of a [
46 (b) The prohibition of Subsection (4)(a) does not apply to:
47 (i) elected or appointed peace officers or commercial security personnel who are in
48 possession of weapons or firearms used in the course and scope of their employment[
49 (ii) a person licensed to carry a concealed weapon; [
51 (iii) persons in possession of weapons or firearms with the consent of the owner of the
52 bus or [
53 Section 2. Section 76-10-1507 is amended to read:
54 76-10-1507. Exclusion of persons without bona fide business from terminal --
55 Firearms and dangerous materials -- Surveillance devices and seizure of offending
56 materials -- Detention of violators -- Private security personnel.
57 (1) (a) In order to provide for the safety, welfare and comfort of passengers, a bus
58 company may refuse admission to terminals to [
59 within the terminal. [
60 (b) The refusal [
61 regulations, or to [
63 (c) An authorized bus company representative may require [
64 to identify himself and state his business.
65 (d) Failure to comply with [
66 acceptable business purpose [
67 person depart the terminal. [
68 (e) A person who refuses to comply with [
69 Subsection (1)(d) is guilty of a class C misdemeanor.
70 (2) [
71 explosive, highly inflammable or hazardous materials or devices into a terminal or aboard a bus
73 (b) The prohibition of Subsection (2)(a) does not apply to individuals listed in
74 Subsection 76-10-1504 (4).
75 (c) The bus company may employ reasonable means, including mechanical, electronic
76 or x-ray devices to detect [
78 (d) Upon the discovery of [
79 company may obtain possession and retain custody [
80 a peace officer.
81 (3) (a) An authorized bus company representative may detain within a terminal or bus
82 any person violating the provisions of this [
83 enforcement authorities arrive. [
84 (b) The detention [
85 company nor the representative [
86 unlawful imprisonment or assault, provided that only reasonable and necessary force is
87 exercised against [
88 (4) (a) A bus company may employ or contract for private security personnel. [
89 (b) The personnel may:
90 (i) detain within a terminal or bus [
91 this section for a reasonable time until law enforcement authorities arrive[
92 (ii) use reasonable and necessary force in subduing or detaining [
Legislative Review Note
as of 1-24-07 1:18 PM