S.B. 118 Enrolled

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
22 criminal street gang.
23 Monies Appropriated in this Bill:
24 None
25 Other Special Clauses:
26 None
27 Utah Code Sections Affected:
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
38 damages sustained to property not to exceed $2,000 when:
39 (a) the minor intentionally damages, defaces, destroys, or takes the property of
40 another;
41 (b) the minor recklessly or willfully shoots or propels a missile, or other object at or
42 against a motor vehicle, bus, airplane, boat, locomotive, train, railway car, or caboose, whether
43 moving or standing; or
44 (c) the minor intentionally and unlawfully tampers with the property of another and
45 thereby recklessly endangers human life or recklessly causes or threatens a substantial
46 interruption or impairment of any public utility service.
47 (2) The parent or legal guardian having legal custody of the minor is liable for
48 damages sustained to property not to exceed $5,000 when the minor commits an offense under
49 Section (1):
50 (a) for the benefit of, at the direction of, or in association with any criminal street gang
51 as defined in Section 76-9-802 ; or
52 (b) to gain recognition, acceptance, membership, or increased status with a criminal
53 street gang.
54 [(2) For purposes of this section, Subsection (1)(a) or (c)]
55 (3) As used in this section, property damage described under Subsection (1)(a) or (c),
56 or Subsection (2), includes graffiti, as defined in Section 76-6-107 .
57 [(3)] (4) A court may waive part or all of the liability for damages under this section

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