This document includes House Floor Amendments incorporated into the bill on Wed, Feb 15, 2017 at 12:44 PM by jeyring.
This document includes Senate 3rd Reading Floor Amendments incorporated into the bill on Fri, Mar 3, 2017 at 11:51 AM by lpoole.
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7 LONG TITLE
8 General Description:
9 This bill modifies criminal trespass provisions.
10 Highlighted Provisions:
11 This bill:
12 ▸ defines terms;
13 ▸ enacts provisions related to trespass by a Ĥ→ long-term ←Ĥ guest in a residence; and
14 ▸ provides for a penalty.
15 Money Appropriated in this Bill:
16 None
17 Other Special Clauses:
18 None
19 Utah Code Sections Affected:
20 ENACTS:
21 76-6-206.4, Utah Code Annotated 1953
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23 Be it enacted by the Legislature of the state of Utah:
24 Section 1. Section 76-6-206.4 is enacted to read:
25 76-6-206.4. Criminal trespass by Ĥ→ long-term ←Ĥ guest to a residence.
26 (1) As used in this section:
27 (a) " Ĥ→ [
27a is given express or
28 implied permission by Ĥ→ [
28a of the residence ←Ĥ or someone with apparent authority to act for the
29 Ĥ→ [
29a occupy a portion of a residence Ŝ→ :
29b (i) ←Ŝ Ĥ→ for a period of time longer than 48 hours ←Ĥ Ŝ→ , but otherwise for a short
29c period of time; and
29d (ii) without providing the owner or primary occupant of the residence compensation or
29e entering into an agreement that the individual provide labor in lieu of providing the owner or
29f primary occupant compensation for occupying the residence ←Ŝ .
30 (b) "Residence" means an improvement to real property used or occupied as a primary
31 or secondary dwelling.
32 (c) "Tenant" means a person who has the right to occupy a residence under a rental
33 agreement or lease, or has a tenancy by operation of law.
34 (2) A Ĥ→ long-term ←Ĥ guest is guilty of criminal trespass of a residence if, under
34a circumstances not
35 amounting to burglary as defined in Section 76-6-202, 76-6-203, or 76-6-204, the
35a Ĥ→ long-term ←Ĥ guest
36 remains in a residence after the Ĥ→ long-term ←Ĥ guest receives notice against remaining
36a in the residence by
37 personal communication to the Ĥ→ long-term ←Ĥ guest by the Ĥ→ [
37a is the primary occupant of the residence ←Ĥ or someone with apparent authority
38 to act for the Ĥ→ [
39 (3) A violation of Subsection (2) is a class B misdemeanor.
39a Ŝ→ (4) Before a law enforcement officer escorts an individual from a residence for a
39b violation of this section, the law enforcement officer shall provide the individual a reasonable
39c time for the individual to collect the individual's personal belongings. ←Ŝ
Legislative Review Note
Office of Legislative Research and General Counsel