7 LONG TITLE
8 General Description:
9 This bill modifies code provisions regarding criminal offenses and criminal penalties
10 that were amended in HB 348, "Criminal Justice Programs and Amendments," 2015
11 General Session.
12 Highlighted Provisions:
13 This bill:
14 ▸ amends a cross reference regarding a conviction for the possession of certain
15 scheduled controlled substances; and
16 ▸ amends the penalty regarding the offense of failure to provide notice regarding
17 damage to an unattended vehicle.
18 Money Appropriated in this Bill:
20 Other Special Clauses:
21 This bill provides a special effective date.
22 Utah Code Sections Affected:
24 41-6a-401.7, as last amended by Laws of Utah 2015, Chapter 412
25 76-10-503, as last amended by Laws of Utah 2015, Chapter 412
27 Be it enacted by the Legislature of the state of Utah:
28 Section 1. Section 41-6a-401.7 is amended to read:
29 41-6a-401.7. Accident involving injury, death, or property damage -- Duties of
30 operator, occupant, and owner -- Exchange of information -- Notification of law
31 enforcement -- Penalties.
32 (1) The operator of a vehicle involved in an accident under Section 41-6a-401.3 or
33 41-6a-401.5 shall:
34 (a) give to the persons involved:
35 (i) the operator's name, address, and the registration number of the vehicle being
36 operated; and
37 (ii) the name of the insurance provider covering the vehicle being operated including
38 the phone number of the agent or provider;
39 (b) upon request and if available, exhibit the operator's license to:
40 (i) any investigating peace officer present;
41 (ii) the person struck;
42 (iii) the operator, occupant of, or person attending the vehicle or other property
43 damaged in the accident; and
44 (iv) the owner of property damaged in the accident, if present; and
45 (c) render to any person injured in the accident reasonable assistance, including
46 transporting or making arrangements for transporting, of the injured person to a physician or
47 hospital for medical treatment if:
48 (i) it is apparent that treatment is necessary; or
49 (ii) transportation is requested by the injured person.
50 (2) The operator of a vehicle involved in an accident under Section 41-6a-401.3 or
51 41-6a-401.5 shall immediately and by the quickest means of communication available give
52 notice or cause to give notice of the accident to the nearest office of a law enforcement agency.
53 (3) The occupant of a vehicle involved in an accident under Section 41-6a-401.3 or
54 41-6a-401.5 who is not the operator of the vehicle shall give or cause to give the immediate
55 notice required under Subsection (2) if:
56 (a) the operator of a vehicle involved in an accident is physically incapable of giving
57 the notice; and
58 (b) the occupant is capable of giving an immediate notice.
59 (4) Except as provided under Subsection (5), if a vehicle or other property damaged in
60 the accident is unattended, the operator of the vehicle involved in the accident shall:
61 (a) locate and notify the operator or owner of the vehicle or the owner of other property
62 damaged in the accident of the operator's name, address, and the registration number of the
63 vehicle causing the damage; or
64 (b) attach securely in a conspicuous place on the vehicle or other property a written
65 notice giving the operator's name, address, and the registration number of the vehicle causing
66 the damage.
67 (5) The operator of a vehicle that provides the information required under this section
68 to an investigating peace officer at the scene of the accident is exempt from providing the
69 information to other persons required under this section.
70 (6) A violation of [
71 Section 2. Section 76-10-503 is amended to read:
72 76-10-503. Restrictions on possession, purchase, transfer, and ownership of
73 dangerous weapons by certain persons -- Exceptions.
74 (1) For purposes of this section:
75 (a) A Category I restricted person is a person who:
76 (i) has been convicted of any violent felony as defined in Section 76-3-203.5;
77 (ii) is on probation or parole for any felony;
78 (iii) is on parole from a secure facility as defined in Section 62A-7-101;
79 (iv) within the last 10 years has been adjudicated delinquent for an offense which if
80 committed by an adult would have been a violent felony as defined in Section 76-3-203.5;
81 (v) is an alien who is illegally or unlawfully in the United States; or
82 (vi) is on probation for a conviction of possessing:
83 (A) a substance classified in Section 58-37-4 as a Schedule I or II [
85 (B) a controlled substance analog; or
86 (C) a substance listed in Section 58-37-4.2.
87 (b) A Category II restricted person is a person who:
88 (i) has been convicted of any felony;
89 (ii) within the last seven years has been adjudicated delinquent for an offense which if
90 committed by an adult would have been a felony;
91 (iii) is an unlawful user of a controlled substance as defined in Section 58-37-2;
92 (iv) is in possession of a dangerous weapon and is knowingly and intentionally in
93 unlawful possession of a Schedule I or II controlled substance as defined in Section 58-37-2;
94 (v) has been found not guilty by reason of insanity for a felony offense;
95 (vi) has been found mentally incompetent to stand trial for a felony offense;
96 (vii) has been adjudicated as mentally defective as provided in the Brady Handgun
97 Violence Prevention Act, Pub. L. No. 103-159, 107 Stat. 1536 (1993), or has been committed
98 to a mental institution;
99 (viii) has been dishonorably discharged from the armed forces; or
100 (ix) has renounced his citizenship after having been a citizen of the United States.
101 (c) As used in this section, a conviction of a felony or adjudication of delinquency for
102 an offense which would be a felony if committed by an adult does not include:
103 (i) a conviction or adjudication of delinquency for an offense pertaining to antitrust
104 violations, unfair trade practices, restraint of trade, or other similar offenses relating to the
105 regulation of business practices not involving theft or fraud; or
106 (ii) a conviction or adjudication of delinquency which, according to the law of the
107 jurisdiction in which it occurred, has been expunged, set aside, reduced to a misdemeanor by
108 court order, pardoned or regarding which the person's civil rights have been restored unless the
109 pardon, reduction, expungement, or restoration of civil rights expressly provides that the person
110 may not ship, transport, possess, or receive firearms.
111 (d) It is the burden of the defendant in a criminal case to provide evidence that a
112 conviction or adjudication of delinquency is subject to an exception provided in Subsection
113 (1)(c), after which it is the burden of the state to prove beyond a reasonable doubt that the
114 conviction or adjudication of delinquency is not subject to that exception.
115 (2) A Category I restricted person who intentionally or knowingly agrees, consents,
116 offers, or arranges to purchase, transfer, possess, use, or have under the person's custody or
117 control, or who intentionally or knowingly purchases, transfers, possesses, uses, or has under
118 the person's custody or control:
119 (a) any firearm is guilty of a second degree felony; or
120 (b) any dangerous weapon other than a firearm is guilty of a third degree felony.
121 (3) A Category II restricted person who intentionally or knowingly purchases, transfers,
122 possesses, uses, or has under the person's custody or control:
123 (a) any firearm is guilty of a third degree felony; or
124 (b) any dangerous weapon other than a firearm is guilty of a class A misdemeanor.
125 (4) A person may be subject to the restrictions of both categories at the same time.
126 (5) If a higher penalty than is prescribed in this section is provided in another section
127 for one who purchases, transfers, possesses, uses, or has under this custody or control any
128 dangerous weapon, the penalties of that section control.
129 (6) It is an affirmative defense to a charge based on the definition in Subsection
130 (1)(b)(iv) that the person was:
131 (a) in possession of a controlled substance pursuant to a lawful order of a practitioner
132 for use of a member of the person's household or for administration to an animal owned by the
133 person or a member of the person's household; or
134 (b) otherwise authorized by law to possess the substance.
135 (7) (a) It is an affirmative defense to transferring a firearm or other dangerous weapon
136 by a person restricted under Subsection (2) or (3) that the firearm or dangerous weapon:
137 (i) was possessed by the person or was under the person's custody or control before the
138 person became a restricted person;
139 (ii) was not used in or possessed during the commission of a crime or subject to
140 disposition under Section 24-3-103;
141 (iii) is not being held as evidence by a court or law enforcement agency;
142 (iv) was transferred to a person not legally prohibited from possessing the weapon; and
143 (v) unless a different time is ordered by the court, was transferred within 10 days of the
144 person becoming a restricted person.
145 (b) Subsection (7)(a) is not a defense to the use, purchase, or possession on the person
146 of a firearm or other dangerous weapon by a restricted person.
147 (8) (a) A person may not sell, transfer, or otherwise dispose of any firearm or
148 dangerous weapon to any person, knowing that the recipient is a person described in
149 Subsection (1)(a) or (b).
150 (b) A person who violates Subsection (8)(a) when the recipient is:
151 (i) a person described in Subsection (1)(a) and the transaction involves a firearm, is
152 guilty of a second degree felony;
153 (ii) a person described in Subsection (1)(a) and the transaction involves any dangerous
154 weapon other than a firearm, and the transferor has knowledge that the recipient intends to use
155 the weapon for any unlawful purpose, is guilty of a third degree felony;
156 (iii) a person described in Subsection (1)(b) and the transaction involves a firearm, is
157 guilty of a third degree felony; or
158 (iv) a person described in Subsection (1)(b) and the transaction involves any dangerous
159 weapon other than a firearm, and the transferor has knowledge that the recipient intends to use
160 the weapon for any unlawful purpose, is guilty of a class A misdemeanor.
161 (9) (a) A person may not knowingly solicit, persuade, encourage or entice a dealer or
162 other person to sell, transfer or otherwise dispose of a firearm or dangerous weapon under
163 circumstances which the person knows would be a violation of the law.
164 (b) A person may not provide to a dealer or other person any information that the
165 person knows to be materially false information with intent to deceive the dealer or other
166 person about the legality of a sale, transfer or other disposition of a firearm or dangerous
168 (c) "Materially false information" means information that portrays an illegal transaction
169 as legal or a legal transaction as illegal.
170 (d) A person who violates this Subsection (9) is guilty of:
171 (i) a third degree felony if the transaction involved a firearm; or
172 (ii) a class A misdemeanor if the transaction involved a dangerous weapon other than a
174 Section 3. Effective date.
175 If approved by two-thirds of all the members elected to each house, this bill takes effect
176 upon approval by the governor, or the day following the constitutional time limit of Utah
177 Constitution, Article VII, Section 8, without the governor's signature, or in the case of a veto,
178 the date of veto override.