This document includes House Committee Amendments incorporated into the bill on Tue, Mar 3, 2020 at 12:12 PM by naomigarrow.
1     
RESTRICTED STATUS AMENDMENTS

2     
2020 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Brian S. King

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Senate Sponsor: Kathleen Riebe

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7     LONG TITLE
8     General Description:
9          This bill provides notification requirements for an individual who may not possess a
10     firearm as a result of a criminal conviction.
11     Highlighted Provisions:
12          This bill:
13          ▸     defines terms; and
14          ▸     provides notification requirements to an individual accused or convicted of a
15     criminal charge that would prevent the individual from lawfully owning or
16     possessing a firearm.
17     Money Appropriated in this Bill:
18          None
19     Other Special Clauses:
20          None
21     Utah Code Sections Affected:
22     ENACTS:
23          76-10-503.1, Utah Code Annotated 1953
24     

25     Be it enacted by the Legislature of the state of Utah:
26          Section 1. Section 76-10-503.1 is enacted to read:
27          76-10-503.1. Firearm restriction notification requirement.

28          (1) As used in this section:
29          (a) "Restricted person" means an individual who is restricted from possessing,
30     purchasing, transferring, or owning a firearm under Section 76-10-503.
31          (b) "Possess" or "Possession" means actual physical possession, actual or purported
32     ownership, or exercising control of an item.
33          (2) A defendant intending to plead guilty or no contest to a criminal charge that will,
34     upon conviction, cause the defendant to become a restricted person shall, before entering a plea
35     before a court, sign an affidavit attesting that:
36          (a) the defendant's attorney or the prosecuting attorney has informed the defendant:
37          (i) that conviction of the charge will classify the defendant as a restricted person;
38          (ii) that a restricted person may not possess a firearm; and
39          (iii) of the criminal penalties associated with possession of a firearm by a restricted
40     person of the same category the defendant will become upon entering a plea for the criminal
41     charge; and
42          (b) the defendant acknowledges and understands that, by pleading guilty or no contest
43     to the criminal charge, the defendant:
44          (i) will be a restricted person;
45          (ii) upon conviction, shall Ĥ→ [
immediately] ←Ĥ forfeit possession of each firearm
45a     currently
46     possessed by the defendant; and
47          (iii) will be in violation of federal and state law if the defendant possesses a firearm.
48          (3) The prosecuting attorney or the defendant's attorney shall provide the affidavit
49     described in Subsection (2) to the court before the defendant's entry of a plea, if the defendant
50     pleads guilty or no contest.
51          (4) A defendant who is convicted by trial of a criminal charge resulting in the
52     defendant becoming a restricted person shall, at the time of sentencing:
53          (a) be verbally informed by the court, prosecuting attorney, or defendant's attorney:
54          (i) that the defendant is a restricted person;
55          (ii) that, as a restricted person, the defendant may not possess a firearm; and
56          (iii) of the criminal penalties associated with possession of a firearm by a restricted
57     person of the defendant's category; and
58          (b) sign an affidavit in the presence of the court attesting that the defendant

59     acknowledges and understands that the defendant:
60          (i) is a restricted person;
61          (ii) must Ĥ→ [
immediately] ←Ĥ forfeit possession of each firearm; and
62          (iii) will be in violation of federal and state law if the defendant possesses a firearm.
63          (5) The prosecuting attorney and the defendant's attorney shall inform the court at the
64     preliminary hearing if a charge filed against the defendant would qualify the defendant as a
65     restricted person if the defendant is convicted of the charge.