Representative Andrew Stoddard proposes the following substitute bill:




Chief Sponsor: Andrew Stoddard

Senate Sponsor: Kirk A. Cullimore


8     General Description:
9          This bill creates the crime of threats against schools.
10     Highlighted Provisions:
11          This bill:
12          ▸     creates the crime of threats against schools;
13          ▸     defines schools as a preschool, elementary or secondary school;
14          ▸     reduces the level if the perpetrator is a minor;
15          ▸     provides that a threat against a school can be real or a hoax; and
16          ▸     provides penalties and requires restitution.
17     Money Appropriated in this Bill:
18          None
19     Other Special Clauses:
20          None
21     Utah Code Sections Affected:
22     ENACTS:
23          76-5-107.1, Utah Code Annotated 1953

25     Be it enacted by the Legislature of the state of Utah:

26          Section 1. Section 76-5-107.1 is enacted to read:
27          76-5-107.1. Threats against schools.
28          (1) As used in this section, "school" means a preschool or a public or private
29     elementary or secondary school.
30          (2) An individual is guilty of making a threat against a school if the individual
31     threatens in person or via electronic means, either with real intent or as an intentional hoax, to
32     commit any offense involving bodily injury, death, or substantial property damage, and:
33          (a) threatens the use of a firearm or weapon or hoax weapon of mass destruction, as
34     defined in Section 76-10-401;
35          (b) acts with intent to:
36          (i) disrupt the regular schedule of the school or influence or affect the conduct of
37     students, employees, or the general public at the school;
38          (ii) prevent or interrupt the occupancy of the school or a portion of the school, or a
39     facility or vehicle used by the school; or
40          (iii) intimidate or coerce students or employees of the school; or
41          (c) causes an official or volunteer agency organized to deal with emergencies to take
42     action due to the risk to the school or general public.
43          (3) (a) A violation of Subsection (2)(a), (b)(i), or (b)(iii) is a class A misdemeanor.
44          (b) A violation of Subsection (2)(b)(ii) is a class B misdemeanor.
45          (c) A violation of Subsection (2)(c) is a class C misdemeanor.
46          (4) Counseling for the minor and the minor's family may be made available through
47     state and local health department programs.
48          (5) It is not a defense to this section that the individual did not attempt to carry out or
49     was incapable of carrying out the threat.
50          (6) In addition to any other penalty authorized by law, a court shall order an individual
51     convicted of a violation of this section to pay restitution to any federal, state, or local unit of
52     government, or any private business, organization, individual, or entity for expenses and losses
53     incurred in responding to the threat, unless the court states on the record the reasons why the
54     reimbursement would be inappropriate. Restitution ordered in the case of a minor adjudicated
55     for a violation of this section shall be determined in accordance with Subsection 78A-6-117(j).
56          (7) A violation of this section shall be reported to the local law enforcement agency. If

57     the individual alleged to have violated this section is a minor, the minor may be referred to the
58     juvenile court.