1     
COURT COMMISSIONER AMENDMENTS

2     
2019 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Kelly B. Miles

5     
Senate Sponsor: David G. Buxton

6     

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:
16          None
17     Other Special Clauses:
18          None
19     Utah Code Sections Affected:
20     AMENDS:
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
26     

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) [For purposes of] As used in this section and Section 76-10-523:
32          (a) "Court commissioner" means an individual appointed under Section 78A-5-107.
33          [(a)] (b) (i) "Judge" means a judge or justice of a court of record or a court not of
34     record[, but].
35          (ii) "Judge" does not include a judge pro tem or senior judge.
36          [(b)] (c) "Law enforcement official [of this state]" means:
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 [or],
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 [and], judicial, or court commissioner duties as agents for the state or its political
49     subdivisions.
50          (3) Annual requalification requirements for law enforcement officials [and], judges, or
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 [or], law enforcement official, or court
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 [or], law enforcement official, or
62     court commissioner who:
63          (i) fails to meet the annual requalification criteria established pursuant to Subsection
64     (3);
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 [or], law enforcement official, or court
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 [in order] to prevent
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 [those persons] an
86     individual described in Section 76-10-503, [a person] an individual who, in the presence of two
87     or more [persons] individuals, and not amounting to a violation of Section 76-5-103, draws or
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 [a person] an individual who, reasonably believing
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 [a person] an individual listed in Subsections
96     76-10-523(1)(a) through [(e)] (f) in performance of the [person's] individual's duties.
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) [A person] An individual may not discharge [any kind of] a dangerous weapon
101     or firearm:
102          (i) from an automobile or other vehicle;
103          (ii) from, upon, or across [any] a highway;
104          (iii) [at any road signs] at a road sign placed upon [any highways] a highway of the
105     state;
106          (iv) at [any] communications equipment or property of public utilities including
107     facilities, lines, poles, or devices of transmission or distribution;
108          (v) at railroad equipment or facilities including [any] a sign or signal;
109          (vi) within a Utah State Park [buildings] building, designated camp or picnic sites,
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 [person] individual
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);
123     and
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 [a person] an individual who:
127          (a) discharges [any kind of] a firearm when that [person] individual is in lawful defense
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 [(e)] (f) and as otherwise provided by law; or
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 [prior to] before the discharge; and
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), [a person] an individual who
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 [any person or persons] one or
146     more individuals, knowing or having reason to believe that any [person] individual may be
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
150     [person] individual or habitable structure; or
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) [which] that causes bodily injury to any [person]
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) [which] that causes serious bodily injury to any
157     [person] individual is a first degree felony.
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);
161     and
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 [a person] an individual:
165          (a) who discharges [any kind of] a firearm when that [person] individual is in lawful
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 [(e)] (f) or as otherwise authorized by law; or
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 [prior to] before the discharge; and
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; [or]
188          (f) a court commissioner as defined and qualified under Section 53-5-711; or
189          [(f)] (g) a common carrier while engaged in the regular and ordinary transport of
190     firearms as merchandise.
191          (2) [The provisions of] Subsections 76-10-504(1) and (2), and Section 76-10-505 do
192     not apply to [any person] an individual to whom a permit to carry a concealed firearm has been
193     issued:
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.