First Substitute H.B. 28

This document includes House Floor Amendments incorporated into the bill on Tue, Feb 12, 2013 at 10:54 AM by jeyring. -->

Representative Don L. Ipson proposes the following substitute bill:

1 CAMPUS SAFETY AMENDMENTS
2 2013 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Don L. Ipson
5 Senate Sponsor: John L. Valentine
6
7 LONG TITLE
8 General Description:
9 This bill modifies the Criminal Code by amending provisions relating to persons
10 interfering or trespassing on property owned by an institution of higher education.
11 Highlighted Provisions:
12 This bill:
13 . provides and amends definitions;
14 . provides that a chief administrative officer may order a person to leave property that
15 is owned, operated, or controlled by an institution of higher education if the person:
16 . acts or intends to do certain things; or
17 . is reckless as to whether the person's actions will cause fear for the safety of
18 another;
19 . provides that a person is guilty of criminal trespass upon an institution of higher
20 education if the person:
21 . enters or remains on property that is owned, operated, or controlled by an
22 institution of higher education after being ordered to leave; or
23 . enters or remains without authorization upon property that is owned, operated,
24 or controlled by an institution of higher education if notice against entry or
25 remaining has been given;

26 . provides that the mere carrying or possession of a firearm does not warrant an order
27 to leave;
28 . repeals certain provisions relating to interfering or intending to interfere with
29 campus activities, violating rules and regulations of the institution, and failing to
30 leave when ordered; and
31 . makes technical changes.
32 Money Appropriated in this Bill:
33 None
34 Other Special Clauses:
35 None
36 Utah Code Sections Affected:
37 AMENDS:
38 76-8-701, as last amended by Laws of Utah 2010, Chapter 211
39 76-8-702, as enacted by Laws of Utah 1973, Chapter 196
40 76-8-705, as enacted by Laws of Utah 1973, Chapter 196
41 76-8-709, as enacted by Laws of Utah 1973, Chapter 196
42 76-8-717, as enacted by Laws of Utah 1973, Chapter 196
43 REPEALS AND REENACTS:
44 76-8-703, as enacted by Laws of Utah 1973, Chapter 196
45 REPEALS:
46 76-8-704, as enacted by Laws of Utah 1973, Chapter 196
47 76-8-708, as enacted by Laws of Utah 1973, Chapter 196
48 76-8-710, as enacted by Laws of Utah 1973, Chapter 196
49 76-8-711, as enacted by Laws of Utah 1973, Chapter 196
50 76-8-712, as enacted by Laws of Utah 1973, Chapter 196
51 76-8-713, as enacted by Laws of Utah 1973, Chapter 196
52 76-8-718, as enacted by Laws of Utah 1973, Chapter 196
53
54 Be it enacted by the Legislature of the state of Utah:
55 Section 1. Section 76-8-701 is amended to read:
56 76-8-701. Definitions.

57 For the purposes of this part:
58 (1) "Chief administrative officer" means the president of [a private or state] an
59 institution of higher education or [the officer] a person designated by the president [or by the
60 governing board of the institution to administer the affairs of a campus or other facility owned
61 by the institution or operated or controlled by the governing board of the institution].
62 [(2) "School" or "institution of higher education" means any private institution of
63 higher education or any state institution of higher education as defined in Section 53B-1-102 .]
64 [(3) "State institution of higher education" includes the University of Utah, Utah State
65 University, Southern Utah University, Weber State University, Snow College, Dixie State
66 College of Utah, Utah Valley University, Salt Lake Community College, and any other
67 university or college which may be established and maintained by the state, and includes any
68 branch or affiliated institution and any campus or facility owned, operated, or controlled by the
69 governing board of the university or college.]
70 (2) "Enter" means intrusion of the entire body.
71 (3) "Institution" or "institution of higher education" means:
72 (a) a state institution of higher education as defined in Section 53B-3-102 ; or
73 (b) a private institution of higher education in the state accredited by a regional or
74 national accrediting agency recognized by the United States Department of Education.
75 Section 2. Section 76-8-702 is amended to read:
76 76-8-702. Purpose.
77 It is the purpose of this part to:
78 (1) supplement and clarify the power vested in the governing board of each [private or
79 state] institution of higher education; and [to]
80 (2) regulate, conduct, and enforce law and order on property owned, operated, or
81 controlled by [it] each institution of higher education.
82 Section 3. Section 76-8-703 is repealed and reenacted to read:
83 76-8-703. Criminal trespass upon an institution of higher education.
84 (1) (a) A chief administrative officer may order a person to leave property that is
85 owned, operated, or controlled by an institution of higher education if the person:
86 (i) acts or if the chief administrative officer has reasonable cause to believe that the
87 person intends to act to:

88 (A) cause injury to a person;
89 (B) cause damage to property;
90 (C) commit a crime;
91 (D) interfere with the peaceful conduct of the activities of the institution;
92 (E) violate any rule or regulation of the institution if that rule or regulation is not in
93 conflict with state law; or
94 (F) disrupt the institution, its pupils, or the institution's activities; or
95 (ii) is reckless as to whether the person's actions will cause fear for the safety of
96 another.
97 (b) A person is guilty of criminal trespass upon an institution of higher education if the
98 person enters or remains on property that is owned, operated, or controlled by an institution of
99 higher education after being ordered to leave under Subsection (1)(a).
100 (c) The mere carrying or possession of a firearm H. [ , whether visible or concealed, without
101 additional behavior or circumstances that would cause a reasonable person to believe the
102 firearm was carried or possessed unlawfully or with criminal intent, ] on the campus of a state
102a institution of higher education, as defined in Section 53B-3-102, .H does not warrant an order
103 to leave under Subsection (1)(a) H. if the person carrying or possessing the firearm is
103a otherwise complying with all state laws regulating the possession and use of a firearm .H .
104 (2) A person is guilty of criminal trespass upon an institution of higher education if the
105 person enters or remains without authorization upon property that is owned, operated, or
106 controlled by an institution of higher education if notice against entry or remaining has been
107 given by:
108 (a) personal communication to the person by the chief administrative officer or a
109 person with apparent authority to act for the institution;
110 (b) the posting of signs reasonably likely to come to the attention of trespassers;
111 (c) fencing or other enclosure obviously designed to exclude trespassers; or
112 (d) a current order of suspension or expulsion.
113 (3) If an employee or student of an institution of higher education is ordered to leave
114 under Subsection (1) or receives a notice against entry or remaining under Subsection (2), the
115 institution of higher education shall afford the employee or student the process required by the
116 institution of higher education's rules and regulations.
117 (4) A person who violates this section shall be punished as provided in Section
118 76-8-717 .

119 Section 4. Section 76-8-705 is amended to read:
120 76-8-705. Willful interference with lawful activities of students or faculty.
121 [(1) If any person on the campus of a private or state institution of higher education or
122 upon any other facility owned or controlled by the governing board of the institution, willfully]
123 A person is guilty of a class C misdemeanor if, on property that is owned, operated, or
124 controlled by an institution of higher education, the person willfully:
125 (1) denies to [students, school officials, employees, or invitees] a student, school
126 official, employee, or invitee lawful:
127 (a) [Lawful] freedom of movement[,];
128 (b) [Lawful] use of the property or facilities[,]; or
129 (c) [Lawful] ingress or egress to the institution's physical facilities[, that person is
130 guilty of a class C misdemeanor.];
131 [(2) If any person upon the campus of a private or state institution of higher education
132 or upon any other facility owned or controlled by the governing board of the institution,
133 willfully]
134 (2) impedes [the faculty or staff] a faculty or staff member of the institution in the
135 lawful performance of [their] the member's duties[,]; or [willfully]
136 (3) impedes a student of the institution in the lawful pursuit of [his] the student's
137 educational activities[, that person is guilty of a class C misdemeanor].
138 Section 5. Section 76-8-709 is amended to read:
139 76-8-709. Enforcement of laws by local agencies not limited.
140 Nothing in this [act] part shall limit:
141 (1) the right or duty of any local law enforcement agency to enforce the law which it
142 had prior to this enactment[.]; or
143 (2) the right of any state or local law enforcement agency to enforce the laws of this
144 state.
145 Section 6. Section 76-8-717 is amended to read:
146 76-8-717. Violations -- Classifications of offenses.
147 [Any student or employee] Except as otherwise provided, a person found guilty of a
148 violation of [those sections which specify this section as prescribing the punishment] this part
149 shall be punished as follows:

150 (1) [Upon] upon the first and second conviction, [shall be punished as] the person is
151 guilty of a class B misdemeanor[.]; or
152 (2) [If the defendant has] if the person has previously been convicted two or more
153 times of a violation of [any offense specified punishable under this section, he shall be
154 punished for] this part, the person is guilty of a class A misdemeanor.
155 Section 7. Repealer.
156 This bill repeals:
157 Section 76-8-704, Violation of rule or regulation of institution -- Failure to leave
158 when ordered.
159 Section 76-8-708, Enforcement of rules or regulations of institutions -- Privilege of
160 information acquired in proceedings.
161 Section 76-8-710, Disruption of activities in or near school building -- Failure to
162 leave or re-entry.
163 Section 76-8-711, Withdrawal of consent to remain on campus or facility -- Report
164 and confirmation of action -- Reinstatement -- Hearing -- Re-entry -- Powers of
165 suspension, dismissal or expulsion not affected.
166 Section 76-8-712, Re-entry of campus or facility after denial of access as condition
167 of suspension or dismissal -- Presumption of knowledge.
168 Section 76-8-713, Person not a student, officer or employee -- Re-entry of campus
169 or facility after direction to leave.
170 Section 76-8-718, Enforcement rights of state or local law enforcement authority
171 not limited.

[Bill Documents]