S.B. 118

Text Box

House Floor Amendments 3-4-2009 je/

- 1 -

Senate 3rd Reading Amendments 2-25-2009 rd/ This document includes Senate Committee Amendments incorporated into the bill on Tue, Feb 10, 2009 at 8:50 AM by rday. --> This document includes Senate 3rd Reading Floor Amendments incorporated into the bill on Wed, Feb 25, 2009 at 11:22 AM by rday. --> This document includes House Floor Amendments incorporated into the bill on Wed, Mar 4, 2009 at 5:33 PM by jeyring. --> 1

PARENTAL RESPONSIBILITY FOR
2 JUVENILE CRIMINAL GANG OFFENSE
3 COSTS
4 2009 GENERAL SESSION
5 STATE OF UTAH
6 Chief Sponsor: Jon J. Greiner
7 House Sponsor: Richard A. Greenwood
8
9 LONG TITLE
10 General Description:
11 This bill modifies the Juvenile Court Act to increase a parent's financial responsibility
12 for a minor's criminal street gang offense costs.
13 Highlighted Provisions:
14 This bill:
15 . requires a parent or guardian who has legal custody of a minor to be liable for
16 damages, including graffiti damages, sustained to property not to exceed $5,000 in
17 costs when the minor participates in criminal activity that causes property damage
18 and is done:
19 . for the benefit of, at the direction of, or in association with any criminal street
20 gang; or
21 . to gain recognition, acceptance, membership, or increased status with a criminal
22 street gang H. [ S. ; and
22a . exempts state agencies from liability if the minor is in the custody of the state at the
22b time of the offense .S] .H .
23 Monies Appropriated in this Bill:
24 None
25 Other Special Clauses:
26 None
27 Utah Code Sections Affected:

Text Box
- 2 -

Senate Committee Amendments 2-10-2009 rd/sca 28

AMENDS:
29 78A-6-1113, as renumbered and amended by Laws of Utah 2008, Chapter 3
30
31 Be it enacted by the Legislature of the state of Utah:
32 Section 1. Section 78A-6-1113 is amended to read:
33 78A-6-1113. Property damage caused by a minor -- Liability of parent or legal
34 guardian -- Criminal conviction or adjudication for criminal mischief or criminal
35 trespass not a prerequisite for civil action under chapter -- When parent or guardian not
36 liable.
37 (1) The parent or legal guardian having legal custody of the minor is liable for damages
38 sustained to property not to exceed $2,000 when:
39 (a) the minor intentionally damages, defaces, destroys, or takes the property of another;
40 (b) the minor recklessly or willfully shoots or propels a missile, or other object at or
41 against a motor vehicle, bus, airplane, boat, locomotive, train, railway car, or caboose, whether
42 moving or standing; or
43 (c) the minor intentionally and unlawfully tampers with the property of another and
44 thereby recklessly endangers human life or recklessly causes or threatens a substantial
45 interruption or impairment of any public utility service.
46 (2) The parent or legal guardian having legal custody of the minor is liable for damages
47 sustained to property not to exceed $5,000 when the minor commits an offense under Section
48 (1):
49 (a) for the benefit of, at the direction of, or in association with any criminal street gang
50 as defined in Section 76-9-802 ; or
51 (b) to gain recognition, acceptance, membership, or increased status with a criminal
52 street gang.
53 [(2) For purposes of this section, Subsection (1)(a) or (c)]
54 (3) As used in this section, property damage described under Subsection (1)(a) or (c),
55 or Subsection (2) includes graffiti, as defined in Section 76-6-107 .
56 [(3)] (4) A court may waive part or all of the liability for damages S. [ described in
57 Subsection (1) ] under this section .S by the parent or legal guardian if the offender is adjudicated
57a in the juvenile court
58 under Section 78A-6-117 only upon stating on the record that the court finds:

Text Box

House Floor Amendments 3-4-2009 je/

- 3 -

Senate 3rd Reading Amendments 2-25-2009 rd/ 59

(a) [upon a finding of] good cause; or
60 (b) [if] the parent or legal guardian:
61 (i) made a reasonable effort to restrain the wrongful conduct; and
62 (ii) reported [it] the conduct to the property owner involved or the law enforcement
63 agency having primary jurisdiction after [he] the parent or guardian knew of the minor's
64 unlawful act. [No]
65 (5) A report is not required under [this section] Subsection (4)(b) from a parent or legal
66 guardian if the minor was arrested or apprehended by a peace officer or by anyone acting on
67 behalf of the property owner involved.
68 [(4)] (6) A conviction for criminal mischief under Section 76-6-106 , criminal trespass
69 under Section 76-6-206 , or an adjudication under Section 78A-6-117 is not a condition
70 precedent to a civil action authorized under Subsection (1) or (2).
71 [(5)] (7) A parent or guardian is not liable under Subsection (1) S. or (2) .S if the parent or
72 guardian made a reasonable effort to supervise and direct their minor child, or, in the event the
73 parent or guardian knew in advance of the possible taking, injury, or destruction by their minor
74 child, made a reasonable effort to restrain the child.
74a H. [S. (8) The state and its agencies are not liable under Subsection (1) or (2) if a state agency
74b has legal or protective custody of the minor or has guardianship of the minor at the time of the
74c minor's conduct in violation of Subsection (1) or (2). .S] .H

Legislative Review Note
as of 1-23-09 1:29 PM

Office of Legislative Research and General Counsel