7 LONG TITLE
8 General Description:
9 This bill amends provisions relating to a court commissioner.
10 Highlighted Provisions:
11 This bill:
12 ▸ provides that a court commissioner is exempt from certain weapons laws if the
13 court commissioner completes the required training; and
14 ▸ makes technical changes.
15 Money Appropriated in this Bill:
17 Other Special Clauses:
19 Utah Code Sections Affected:
21 53-5-711, as last amended by Laws of Utah 2014, Chapter 146
22 76-10-506, as last amended by Laws of Utah 2014, Chapter 248
23 76-10-508, as last amended by Laws of Utah 2014, Chapter 248
24 76-10-508.1, as last amended by Laws of Utah 2014, Chapter 248
25 76-10-523, as last amended by Laws of Utah 2014, Chapter 248
27 Be it enacted by the Legislature of the state of Utah:
28 Section 1. Section 53-5-711 is amended to read:
29 53-5-711. Law enforcement officials, judges, and court commissioners exempt --
30 Training requirements -- Qualification -- Revocation.
31 (1) [
32 (a) "Court commissioner" means an individual appointed under Section 78A-5-107.
35 (ii) "Judge" does not include a judge pro tem or senior judge.
37 (i) a member of the Board of Pardons and Parole;
38 (ii) a district attorney, deputy district attorney, county attorney or deputy county
39 attorney of a county not in a prosecution district;
40 (iii) the attorney general;
41 (iv) an assistant attorney general designated as a criminal prosecutor; or
42 (v) a city attorney or a deputy city attorney designated as a criminal prosecutor.
43 (2) To qualify for an exemption in Section 76-10-523, a law enforcement official [
44 judge, or court commissioner shall complete the following training requirements:
45 (a) meet the requirements of Sections 53-5-704, 53-5-706, and 53-5-707; and
46 (b) successfully complete an additional course of training as established by the
47 commissioner of public safety designed to assist them while carrying out their official law
48 enforcement [
50 (3) Annual requalification requirements for law enforcement officials [
51 court commissioners shall be established by the commissioner of public safety. Additional
52 requalification requirements may be established by the:
53 (a) Board of Pardons and Parole by rule for its members;
54 (b) Judicial Council by rule for judges and court commissioners; and
55 (c) the district attorney, county attorney in a county not in a prosecution district, the
56 attorney general, or city attorney by policy for prosecutors under their jurisdiction.
57 (4) The bureau may:
58 (a) issue a certificate of qualification to a judge [
59 commissioner who has completed the requirements of Subsection (2), which certificate of
60 qualification is valid until revoked;
61 (b) revoke the certificate of qualification of a judge [
62 court commissioner who:
63 (i) fails to meet the annual requalification criteria established pursuant to Subsection
65 (ii) would be subject to revocation of a concealed firearm permit under Subsection
66 53-5-704(2)(a); or
67 (iii) is no longer employed as a judge [
68 commissioner as defined in Subsection (1); and
69 (c) certify instructors for the training requirements of this section.
70 Section 2. Section 76-10-506 is amended to read:
71 76-10-506. Threatening with or using dangerous weapon in fight or quarrel.
72 (1) As used in this section:
73 (a) "Dangerous weapon" means an item that in the manner of its use or intended use is
74 capable of causing death or serious bodily injury. The following factors shall be used in
75 determining whether an item, object, or thing is a dangerous weapon:
76 (i) the character of the instrument, object, or thing;
77 (ii) the character of the wound produced, if any; and
78 (iii) the manner in which the instrument, object, or thing was exhibited or used.
79 (b) "Threatening manner" does not include:
80 (i) the possession of a dangerous weapon, whether visible or concealed, without
81 additional behavior which is threatening; or
82 (ii) informing another of the actor's possession of a deadly weapon [
83 what the actor reasonably perceives as a possible use of unlawful force by the other and the
84 actor is not engaged in any activity described in Subsection 76-2-402(2)(a).
85 (2) Except as otherwise provided in Section 76-2-402 and for [
86 individual described in Section 76-10-503, [
87 or more [
88 exhibits a dangerous weapon in an angry and threatening manner or unlawfully uses a
89 dangerous weapon in a fight or quarrel is guilty of a class A misdemeanor.
90 (3) This section does not apply to [
91 the action to be necessary in compliance with Section 76-2-402, with purpose to prevent
92 another's use of unlawful force:
93 (a) threatens the use of a dangerous weapon; or
94 (b) draws or exhibits a dangerous weapon.
95 (4) This section does not apply to [
96 76-10-523(1)(a) through [
97 Section 3. Section 76-10-508 is amended to read:
98 76-10-508. Discharge of firearm from a vehicle, near a highway, or in direction of
99 specified items -- Penalties.
100 (1) (a) [
101 or firearm:
102 (i) from an automobile or other vehicle;
103 (ii) from, upon, or across [
104 (iii) [
106 (iv) at [
107 facilities, lines, poles, or devices of transmission or distribution;
108 (v) at railroad equipment or facilities including [
109 (vi) within a Utah State Park [
110 overlooks, golf courses, boat ramps, and developed beaches; or
111 (vii) without written permission to discharge the dangerous weapon from the owner or
112 person in charge of the property within 600 feet of:
113 (A) a house, dwelling, or any other building; or
114 (B) any structure in which a domestic animal is kept or fed, including a barn, poultry
115 yard, corral, feeding pen, or stockyard.
116 (b) It is a defense to any charge for violating this section that the [
117 being accused had actual permission of the owner or person in charge of the property at the
118 time in question.
119 (2) A violation of any provision of Subsection (1) is a class B misdemeanor.
120 (3) In addition to any other penalties, the court shall:
121 (a) notify the Driver License Division of the conviction for purposes of any revocation,
122 denial, suspension, or disqualification of a driver license under Subsection 53-3-220(1)(a)(xi);
124 (b) specify in court at the time of sentencing the length of the revocation under
125 Subsection 53-3-225(1)(c).
126 (4) This section does not apply to [
127 (a) discharges [
128 of self or others;
129 (b) is performing official duties as provided in Section 23-20-1.5 and Subsections
130 76-10-523(1)(a) through [
131 (c) discharges a dangerous weapon or firearm from an automobile or other vehicle, if:
132 (i) the discharge occurs at a firing range or training ground;
133 (ii) at no time after the discharge does the projectile that is discharged cross over or
134 stop at a location other than within the boundaries of the firing range or training ground
135 described in Subsection (4)(c)(i);
136 (iii) the discharge is made as practice or training for a lawful purpose;
137 (iv) the discharge and the location, time, and manner of the discharge are approved by
138 the owner or operator of the firing range or training ground [
139 (v) the discharge is not made in violation of Subsection (1).
140 Section 4. Section 76-10-508.1 is amended to read:
141 76-10-508.1. Felony discharge of a firearm -- Penalties.
142 (1) Except as provided under Subsection (2) or (3), [
143 discharges a firearm is guilty of a third degree felony punishable by imprisonment for a term of
144 not less than three years nor more than five years if:
145 (a) the actor discharges a firearm in the direction of [
146 more individuals, knowing or having reason to believe that any [
147 endangered by the discharge of the firearm;
148 (b) the actor, with intent to intimidate or harass another or with intent to damage a
149 habitable structure as defined in Section 76-6-101, discharges a firearm in the direction of any
151 (c) the actor, with intent to intimidate or harass another, discharges a firearm in the
152 direction of any vehicle.
153 (2) A violation of Subsection (1) [
154 individual is a second degree felony punishable by imprisonment for a term of not less than
155 three years nor more than 15 years.
156 (3) A violation of Subsection (1) [
158 (4) In addition to any other penalties for a violation of this section, the court shall:
159 (a) notify the Driver License Division of the conviction for purposes of any revocation,
160 denial, suspension, or disqualification of a driver license under Subsection 53-3-220(1)(a)(xi);
162 (b) specify in court at the time of sentencing the length of the revocation under
163 Subsection 53-3-225(1)(c).
164 (5) This section does not apply to [
165 (a) who discharges [
166 defense of self or others;
167 (b) who is performing official duties as provided in Section 23-20-1.5 or Subsections
168 76-10-523(1)(a) through [
169 (c) who discharges a dangerous weapon or firearm from an automobile or other
170 vehicle, if:
171 (i) the discharge occurs at a firing range or training ground;
172 (ii) at no time after the discharge does the projectile that is discharged cross over or
173 stop at a location other than within the boundaries of the firing range or training ground
174 described in Subsection (5)(c)(i);
175 (iii) the discharge is made as practice or training for a lawful purpose;
176 (iv) the discharge and the location, time, and manner of the discharge are approved by
177 the owner or operator of the firing range or training ground [
178 (v) the discharge is not made in violation of Subsection (1).
179 Section 5. Section 76-10-523 is amended to read:
180 76-10-523. Individuals exempt from weapons laws.
181 (1) Except for Sections 76-10-506, 76-10-508, and 76-10-508.1, this part and Title 53,
182 Chapter 5, Part 7, Concealed Firearm Act, do not apply to any of the following:
183 (a) a United States marshal;
184 (b) a federal official required to carry a firearm;
185 (c) a peace officer of this or any other jurisdiction;
186 (d) a law enforcement official as defined and qualified under Section 53-5-711;
187 (e) a judge as defined and qualified under Section 53-5-711; [
188 (f) a court commissioner as defined and qualified under Section 53-5-711; or
190 firearms as merchandise.
191 (2) [
192 not apply to [
194 (a) pursuant to Section 53-5-704; or
195 (b) by another state or county.
196 (3) Except for Sections 76-10-503, 76-10-506, 76-10-508, and 76-10-508.1, this part
197 and Title 53, Chapter 5, Part 7, Concealed Firearm Act, do not apply to a nonresident traveling
198 in or though the state, provided that any firearm is:
199 (a) unloaded; and
200 (b) securely encased as defined in Section 76-10-501.