This document includes House Committee Amendments incorporated into the bill on Fri, Feb 24, 2023 at 9:32 AM by pflowers.
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7 LONG TITLE
8 General Description:
9 This bill concerns notification procedures for an individual who becomes a restricted
10 person.
11 Highlighted Provisions:
12 This bill:
13 ▸ defines terms;
14 ▸ amends provisions relating to firearm notifications for an individual who becomes a
15 restricted person as a result of certain types of protective orders; and
16 ▸ makes technical and conforming changes.
17 Money Appropriated in this Bill:
18 None
19 Other Special Clauses:
20 None
21 Utah Code Sections Affected:
22 AMENDS:
23 76-10-503.1, as enacted by Laws of Utah 2021, Chapter 107
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25 Be it enacted by the Legislature of the state of Utah:
26 Section 1. Section 76-10-503.1 is amended to read:
27 76-10-503.1. Firearm restriction notification requirement.
28 (1) As used in this section:
29 (a) "Possess" or "possession" means actual physical possession, actual or purported
30 ownership, or exercising control of an item.
31 (b) "Restricted person" means an individual who is restricted from possessing,
32 purchasing, transferring, or owning a firearm under Section 76-10-503.
33 [
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35 (2) A defendant intending to plead guilty or no contest to a criminal charge that will,
36 upon conviction, cause the defendant to become a restricted person shall, before entering a plea
37 before a court, sign an acknowledgment that states:
38 (a) the defendant's attorney or the prosecuting attorney has informed the defendant:
39 (i) that conviction of the charge will classify the defendant as a restricted person;
40 (ii) that a restricted person may not possess a firearm; and
41 (iii) of the criminal penalties associated with possession of a firearm by a restricted
42 person of the same category the defendant will become upon entering a plea for the criminal
43 charge; and
44 (b) the defendant acknowledges and understands that, by pleading guilty or no contest
45 to the criminal charge, the defendant:
46 (i) will be a restricted person;
47 (ii) upon conviction, shall forfeit possession of each firearm currently possessed by the
48 defendant; and
49 (iii) will be in violation of federal and state law if the defendant possesses a firearm.
50 (3) The prosecuting attorney or the defendant's attorney shall provide the
51 acknowledgment described in Subsection (2) to the court before the defendant's entry of a plea,
52 if the defendant pleads guilty or no contest.
53 (4) A defendant who is convicted by trial of a criminal charge resulting in the
54 defendant becoming a restricted person shall, at the time of sentencing:
55 (a) be verbally informed by the court, prosecuting attorney, or defendant's attorney:
56 (i) that the defendant is a restricted person;
57 (ii) that, as a restricted person, the defendant may not possess a firearm; and
58 (iii) of the criminal penalties associated with possession of a firearm by a restricted
59 person of the defendant's category; and
60 (b) sign an acknowledgment in the presence of the court attesting that the defendant
61 acknowledges and understands that the defendant:
62 (i) is a restricted person;
63 (ii) shall forfeit possession of each firearm; and
64 (iii) will be in violation of federal and state law if the defendant possesses a firearm.
65 (5) The prosecuting attorney and the defendant's attorney shall inform the court at the
66 preliminary hearing if a charge filed against the defendant would qualify the defendant as a
67 restricted person if the defendant is convicted of the charge.
68 (6) The failure to inform or obtain a signed acknowledgment from the defendant may
69 not render the plea invalid, form the basis for withdrawal of the plea, or create a basis to
70 challenge a conviction or sentence.
71 (7) An individual who becomes a restricted person as a result of being served with a
72 pretrial protective order in accordance with Section 78B-7-803, a sentencing protective order in
73 accordance with Section 77-36-5, or a continuous protective order in accordance with Section
74 77-36-5, shall, at the time of service of the protective order:
75 (a) be verbally informed by the court, prosecuting attorney, defendant's attorney, or the
76 individual serving the protective order:
77 (i) that the individual is a restricted person;
78 (ii) that, as a restricted person, the individual may not possess a firearm; and
79 (iii) of the criminal penalties associated with possession of a firearm by a restricted
80 person of the individual's category Ĥ→ and of the affirmative defense described in Subsection
80a 76-10-503(7)(a) ←Ĥ ; and
81 (b) sign, in the presence of the court or the individual serving the protective order, an
82 acknowledgment contained within the protective order document attesting that the individual
83 acknowledges and understands that the individual:
84 (i) is a restricted person;
85 (ii) shall relinquish possession of each firearm; and
86 (iii) will be in violation of federal and state law if the individual possess a firearm.