Chief Sponsor: Steve Eliason

Senate Sponsor: ____________


8     General Description:
9          This bill waives governmental immunity for a governmental entity that releases an
10     undocumented individual without checking with ICE first.
11     Highlighted Provisions:
12          This bill:
13          ▸     waives governmental immunity for a governmental entity that releases an
14     undocumented individual without checking with ICE first and the individual
15     commits a crime causing substantial bodily injury or property damage.
16     Money Appropriated in this Bill:
17          None
18     Other Special Clauses:
19          None
20     Utah Code Sections Affected:
21     AMENDS:
22          63G-7-301, as last amended by Laws of Utah 2015, Chapter 342

24     Be it enacted by the Legislature of the state of Utah:
25          Section 1. Section 63G-7-301 is amended to read:
26          63G-7-301. Waivers of immunity.
27          (1) (a) Immunity from suit of each governmental entity is waived as to any contractual

28     obligation.
29          (b) Actions arising out of contractual rights or obligations are not subject to the
30     requirements of Sections 63G-7-401, 63G-7-402, 63G-7-403, or 63G-7-601.
31          (c) The Division of Water Resources is not liable for failure to deliver water from a
32     reservoir or associated facility authorized by Title 73, Chapter 26, Bear River Development
33     Act, if the failure to deliver the contractual amount of water is due to drought, other natural
34     condition, or safety condition that causes a deficiency in the amount of available water.
35          (2) Immunity from suit of each governmental entity is waived:
36          (a) as to any action brought to recover, obtain possession of, or quiet title to real or
37     personal property;
38          (b) as to any action brought to foreclose mortgages or other liens on real or personal
39     property, to determine any adverse claim on real or personal property, or to obtain an
40     adjudication about any mortgage or other lien that the governmental entity may have or claim
41     on real or personal property;
42          (c) as to any action based on the negligent destruction, damage, or loss of goods,
43     merchandise, or other property while it is in the possession of any governmental entity or
44     employee, if the property was seized for the purpose of forfeiture under any provision of state
45     law;
46          (d) subject to Subsection 63G-7-302(1), as to any action brought under the authority of
47     Utah Constitution, Article I, Section 22, for the recovery of compensation from the
48     governmental entity when the governmental entity has taken or damaged private property for
49     public uses without just compensation;
50          (e) subject to Subsection 63G-7-302(2), as to any action brought to recover attorney
51     fees under Sections 63G-2-405 and 63G-2-802;
52          (f) for actual damages under Title 67, Chapter 21, Utah Protection of Public Employees
53     Act;
54          (g) as to any action brought to obtain relief from a land use regulation that imposes a
55     substantial burden on the free exercise of religion under Title 63L, Chapter 5, Utah Religious
56     Land Use Act;
57          (h) except as provided in Subsection 63G-7-201(3), as to any injury caused by:
58          (i) a defective, unsafe, or dangerous condition of any highway, road, street, alley,

59     crosswalk, sidewalk, culvert, tunnel, bridge, viaduct, or other structure located on them; or
60          (ii) any defective or dangerous condition of a public building, structure, dam, reservoir,
61     or other public improvement; [and]
62          (i) subject to Subsection 63G-7-201(4), as to any injury proximately caused by a
63     negligent act or omission of an employee committed within the scope of employment[.]; and
64          (j) for a violation of Subsection 76-9-1006(1) if the violation results in the release of an
65     undocumented individual, as that term is defined in Section 63G-12-102, who is being sought
66     by the United States Immigration and Customs Enforcement, and the undocumented individual
67     commits a criminal act that causes substantial bodily injury or property damage before being
68     apprehended again.

Legislative Review Note
Office of Legislative Research and General Counsel