Senator J. Stuart Adams proposes the following substitute bill:


1     
CRIMINAL LAW AMENDMENTS

2     
2015 FIRST SPECIAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: J. Stuart Adams

5     
House Sponsor: Eric K. Hutchings

6     

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:
19          None
20     Other Special Clauses:
21          This bill provides a special effective date.
22     Utah Code Sections Affected:
23     AMENDS:
24          41-6a-401.7as last amended by Laws of Utah 2015, Chapter 412
25          76-10-503, as last amended by Laws of Utah 2015, Chapter 412

26     

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 [this section] Subsection (4) is a class C misdemeanor.
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 [in Section 58-37-8,
84     or] controlled substance;
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
167     weapon.
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
173     firearm.
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.