H.B. 75 Enrolled

1

DANGEROUS WEAPON AMENDMENTS
2 2011 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Curtis Oda
5 Senate Sponsor: David P. Hinkins
6
7 LONG TITLE
8 General Description:
9 This bill modifies provisions of the Utah Criminal Code regarding the definition of "on
10 or about school premises" as related to the use of a dangerous weapon.
11 Highlighted Provisions:
12 This bill:
13 . modifies the definition of "on or about school premises" as related to:
14 . sentencing enhancements for the use of a dangerous weapon; and
15 . those locations where a person may not possess a dangerous weapon, firearm, or
16 sawed-off shotgun; and
17 . makes certain technical changes.
18 Money Appropriated in this Bill:
19 None
20 Other Special Clauses:
21 None
22 Utah Code Sections Affected:
23 AMENDS:
24 76-3-203.2, as last amended by Laws of Utah 2007, Chapter 339
25 76-10-505.5, as last amended by Laws of Utah 2003, Chapter 203
26
27 Be it enacted by the Legislature of the state of Utah:
28 Section 1. Section 76-3-203.2 is amended to read:
29 76-3-203.2. Definitions -- Use of dangerous weapon in offenses committed on or

30 about school premises -- Enhanced penalties.
31 (1) (a) As used in this section [and Section 76-10-505.5 ,] "on or about school
32 premises" means [any of the following]:
33 (i) (A) in a public or private elementary[,] or secondary[,] school; or
34 (B) on the grounds of any of those schools;
35 (ii) (A) in a public or private [vocational school or postsecondary] institution of higher
36 education; or
37 (B) on the grounds of [any of those schools or institutions;] a public or private
38 institution of higher education;
39 [(iii) in those portions of any building, park, stadium, or other structure or grounds
40 which are, at the time of the act, being used for an activity sponsored by or through a school or
41 institution under Subsections (1)(a)(i) and (ii);]
42 [(iv) in or on the grounds of a preschool or child-care facility; and]
43 [(v) within 1,000 feet of any structure, facility, or grounds included in Subsections
44 (1)(a)(i), (ii), (iii), and (iv).]
45 (iii) within 1,000 feet of any school, institution, or grounds included in Subsections
46 (1)(a)(i) and (ii); and
47 (iv) in or on the grounds of a preschool or child care facility.
48 (b) As used in this section:
49 (i) "Dangerous weapon" has the same definition as in Section 76-1-601 .
50 (ii) "Educator" means [any] a person who is:
51 (A) employed by a public school district; and [who is]
52 (B) required to hold a certificate issued by the State Board of Education in order to
53 perform duties of employment.
54 (iii) "Within the course of employment" means that an educator is providing services or
55 engaging in conduct required by the educator's employer to perform the duties of employment.
56 (2) [Any] A person who, on or about school premises, commits [any] an offense and
57 uses or threatens to use a dangerous weapon, as defined in Section 76-1-601 , in the

58 commission of the offense is subject to an enhanced degree of offense as provided in
59 Subsection (4).
60 (3) (a) [Any] A person who commits an offense against an educator when the educator
61 is acting within the course of employment is subject to an enhanced degree of offense as
62 provided in Subsection (4).
63 (b) As used in Subsection (3)(a), "offense" means:
64 (i) an offense under Title 76, Chapter 5, Offenses Against the Person; and
65 (ii) an offense under Title 76, Chapter 6, Part 3, Robbery.
66 (4) If the trier of fact finds beyond a reasonable doubt that the defendant, while on or
67 about school premises, commits [any] an offense and in the commission of the offense uses or
68 threatens to use a dangerous weapon, or that the defendant committed an offense against an
69 educator when the educator was acting within the course of [his] the educator's employment,
70 the enhanced penalty for a:
71 (a) class B misdemeanor is a class A misdemeanor;
72 (b) class A misdemeanor is a third degree felony;
73 (c) third degree felony is a second degree felony; or
74 (d) second degree felony is a first degree felony.
75 (5) The enhanced penalty for a first degree felony offense of a convicted person:
76 (a) is imprisonment for a term of not less than five years and which may be for life, and
77 imposition or execution of the sentence may not be suspended unless the court finds that the
78 interests of justice would be best served and states the specific circumstances justifying the
79 disposition on the record; and
80 (b) is subject also to the dangerous weapon enhancement provided in Section
81 76-3-203.8 , except for an offense committed under Subsection (3) that does not involve a
82 firearm.
83 (6) The prosecuting attorney, or grand jury if an indictment is returned, shall provide
84 notice upon the information or indictment that the defendant is subject to the enhanced degree
85 of offense or penalty under Subsection (4) or (5).

86 (7) In cases where an offense is enhanced [pursuant to] under Subsection (4)[(a), (b),
87 (c), or (d)], or under Subsection (5)(a) for an offense committed under Subsection (2) that does
88 not involve a firearm, the convicted person is not subject to the dangerous weapon
89 enhancement in Section 76-3-203.8 .
90 (8) The sentencing enhancement described in this section does not apply if:
91 (a) the offense for which the person is being sentenced is:
92 (i) a grievous sexual offense;
93 (ii) child kidnapping[,] under Section 76-5-301.1 ;
94 (iii) aggravated kidnapping[,] under Section 76-5-302 ; or
95 (iv) forcible sexual abuse[,] under Section 76-5-404 ; and
96 (b) applying the sentencing enhancement provided for in this section would result in a
97 lower maximum penalty than the penalty provided for under the section that describes the
98 offense for which the person is being sentenced.
99 Section 2. Section 76-10-505.5 is amended to read:
100 76-10-505.5. Possession of a dangerous weapon, firearm, or sawed-off shotgun on
101 or about school premises -- Penalties.
102 (1) As used in this section, "on or about school premises" means:
103 (a) (i) in a public or private elementary or secondary school; or
104 (ii) on the grounds of any of those schools;
105 (b) (i) in a public or private institution of higher education; or
106 (ii) on the grounds of a public or private institution of higher education; and
107 (iii) (A) inside the building where a preschool or child care is being held, if the entire
108 building is being used for the operation of the preschool or child care; or
109 (B) if only a portion of a building is being used to operate a preschool or child care, in
110 that room or rooms where the preschool or child care operation is being held.
111 [(1)] (2) A person may not possess any dangerous weapon, firearm, or sawed-off
112 shotgun, as those terms are defined in Section 76-10-501 , at a place that the person knows, or
113 has reasonable cause to believe, is on or about school premises as defined in [Subsection

114 76-3-203.2 (1)] this section.
115 [(2)] (3) (a) Possession of a dangerous weapon on or about school premises is a class B
116 misdemeanor.
117 (b) Possession of a firearm or sawed-off shotgun on or about school premises is a class
118 A misdemeanor.
119 [(3)] (4) This section does not apply if:
120 (a) the person is authorized to possess a firearm as provided under Section 53-5-704 ,
121 53-5-705 , 76-10-511 , or 76-10-523 , or as otherwise authorized by law;
122 (b) the possession is approved by the responsible school administrator;
123 (c) the item is present or to be used in connection with a lawful, approved activity and
124 is in the possession or under the control of the person responsible for its possession or use; or
125 (d) the possession is:
126 (i) at the person's place of residence or on the person's property; or
127 (ii) in any vehicle lawfully under the person's control, other than a vehicle owned by
128 the school or used by the school to transport students[; or].
129 [(iii) at the person's place of business which is not located in the areas described in
130 Subsection 76-3-203.2 (1)(a)(i), (ii), or (iv).]
131 [(4)] (5) This section does not prohibit prosecution of a more serious weapons offense
132 that may occur on or about school premises.