S.B. 28 Enrolled

1

PROHIBITED ACTIVITIES OF GANG
2 OFFENDERS
3 2009 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Jon J. Greiner
6 House Sponsor: Carl Wimmer
7
8 LONG TITLE
9 General Description:
10 This bill modifies the Criminal Code regarding prohibitions imposed on persons
11 convicted of a criminal gang-related offense.
12 Highlighted Provisions:
13 This bill:
14 . provides that a person convicted of a crime for which the sentence is enhanced due
15 to the offense being gang-related may not possess a dangerous weapon,
16 ammunition, or a facsimile of a firearm for five years and that a violation is a class
17 A misdemeanor; and
18 . provides that any greater penalty under another section of the Criminal Code that
19 restricts the possession of a dangerous weapon to a greater degree supersedes the
20 restrictions of this provision.
21 Monies Appropriated in this Bill:
22 None
23 Other Special Clauses:
24 None
25 Utah Code Sections Affected:
26 ENACTS:
27 76-9-804, Utah Code Annotated 1953
28
29 Be it enacted by the Legislature of the state of Utah:

30 Section 1. Section 76-9-804 is enacted to read:
31 76-9-804. Convicted criminal gang offender -- Prohibition.
32 (1) A person who has been convicted of a crime for which the penalty was enhanced
33 under Section 76-3-203.1 may not, except where a greater penalty is applicable under this title,
34 possess a dangerous weapon as defined in either Section 76-1-601 or 76-10-501 , ammunition,
35 or a facsimile of a firearm within five years after the conviction.
36 (2) A violation of Subsection (1) is a class A misdemeanor.