S.B. 28

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 Committee Note:
10 The Law Enforcement and Criminal Justice Interim Committee recommended this bill.
11 General Description:
12 This bill modifies the Criminal Code regarding prohibitions imposed on persons
13 convicted of a criminal gang-related offense.
14 Highlighted Provisions:
15 This bill:
16 . provides that a person convicted of a crime for which the sentence is enhanced due
17 to the offense being gang-related may not possess a dangerous weapon,
18 ammunition, or a facsimile of a firearm for five years and that a violation is a class
19 A misdemeanor; and
20 . provides that any greater penalty under another section of the Criminal Code that
21 restricts the possession of a dangerous weapon to a greater degree supersedes the
22 restrictions of this provision.
23 Monies Appropriated in this Bill:
24 None
25 Other Special Clauses:
26 None
27 Utah Code Sections Affected:

28 ENACTS:
29 76-9-804, Utah Code Annotated 1953
30
31 Be it enacted by the Legislature of the state of Utah:
32 Section 1. Section 76-9-804 is enacted to read:
33 76-9-804. Convicted criminal gang offender -- Prohibition.
34 (1) A person who has been convicted of a crime for which the penalty was enhanced
35 under Section 76-3-203.1 may not, except where a greater penalty is applicable under this title,
36 possess a dangerous weapon as defined in either Section 76-1-601 or 76-10-501 , ammunition,
37 or a facsimile of a firearm within five years after the conviction.
38 (2) A violation of Subsection (1) is a class A misdemeanor.




Legislative Review Note
as of 11-12-08 3:59 PM

Office of Legislative Research and General Counsel