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S.B. 94
This document includes Senate 2nd Reading Floor Amendments incorporated into the bill on Fri, Feb 8, 2008 at 1:14 PM by rday. -->
Senate 2nd Reading Amendments 2-8-2008 rd/sca
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7 LONG TITLE
8 General Description:
9 This bill modifies the Utah Criminal Code by making burglary of a railroad car a third
10 degree felony.
11 Highlighted Provisions:
12 This bill:
13 . amends the definitions;
14 . provides that it is a third degree felony to S. [
14a break
15 the lock or seal on any railroad car, with the intent to commit a felony or theft; and
16 . provides that a charge against any person for burglary of a railroad car does not
17 preclude a charge for a commission of any other offense.
18 Monies Appropriated in this Bill:
19 None
20 Other Special Clauses:
21 None
22 Utah Code Sections Affected:
23 AMENDS:
24 76-6-201, as enacted by Laws of Utah 1973, Chapter 196
25 ENACTS:
26 76-6-204.5, Utah Code Annotated 1953
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Senate 2nd Reading Amendments 2-8-2008 rd/sca
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Be it enacted by the Legislature of the state of Utah:28
29 Section 1. Section 76-6-201 is amended to read:
30 76-6-201. Definitions.
31 [
32 (1) (a) "Building," in addition to its ordinary meaning, means any watercraft, aircraft,
33 trailer, [
34 persons or for carrying on business [
35 [
36 and
37 [
38 (b) "Building" does not include a railroad car.
39 (2) "Dwelling" means a building which is usually occupied by a person lodging
40 [
41 [
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43 (3) "Enter or remain unlawfully" means a person enters or remains in or on any
44 premises when:
45 (a) at the time of the entry or remaining, the premises or any portion of the premises are
46 not open to the public; and [
47 (b) the actor is not otherwise licensed or privileged to enter or remain on the premises
48 or [
49 (4) "Enter" means:
50 (a) intrusion of any part of the body; or
51 (b) intrusion of any physical object under control of the actor.
52 (5) "Railroad car S. [
52a (a) .S in addition to its ordinary meaning, includes a sleeping car or any
53 container or trailer that is on a railroad car S. ; and
53a (b) includes only a railroad car that is operable and part of an ongoing railroad
53b operation .S .
54 Section 2. Section 76-6-204.5 is enacted to read:
55 76-6-204.5. Burglary of a railroad car -- Charge of other offenses.
56 (1) Any person commits burglary of a railroad car when the person S. [
57 remains in a railroad car or
58 commit a felony or theft.
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60 (3) Charging a person for a violation of Subsection (1) does not preclude charging the
61 person for any other offense.
Legislative Review Note
as of 7-31-07 8:48 AM