Representative Walt Brooks proposes the following substitute bill:


1     
VOLUNTARY FIREARM SAFEKEEPING AMENDMENTS

2     
2023 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Paul A. Cutler

5     
Senate Sponsor: Todd D. Weiler

6     

7     LONG TITLE
8     General Description:
9          This bill addresses the voluntary commitment of a firearm in cases of domestic
10     violence.
11     Highlighted Provisions:
12          This bill:
13          ▸     defines terms;
14          ▸     prohibits a law enforcement agency that receives a firearm from the owner or the
15     owner's cohabitant for safekeeping from returning the firearm to the owner if the
16     owner:
17               •     is a restricted person; or
18               •     has been arrested and booked into jail on a class A misdemeanor or felony
19     domestic violence offense, has had a court review the probable cause statement
20     and determine that probable cause existed for the arrest, and is subject to a jail
21     release agreement or a jail release court order;
22          ▸     directs the Department of Public Safety to create a pamphlet detailing a domestic
23     violence victim's rights to commit the perpetrator's firearm to a law enforcement
24     agency under certain circumstances; and
25          ▸     makes technical changes.
26     Money Appropriated in this Bill:
27          None
28     Other Special Clauses:
29          None
30     Utah Code Sections Affected:
31     AMENDS:
32          53-5c-102, as last amended by Laws of Utah 2021, Chapter 166
33          53-5c-201, as last amended by Laws of Utah 2021, Chapter 137
34          77-36-2.1, as last amended by Laws of Utah 2020, Chapter 142
35     

36     Be it enacted by the Legislature of the state of Utah:
37          Section 1. Section 53-5c-102 is amended to read:
38          53-5c-102. Definitions.
39          As used in this [part] chapter:
40          (1) "Bureau" means the Bureau of Criminal Identification created in Section
41     53-10-201.
42          (2) "Cohabitant" means [a person who is 21 years of age or older who resides in the
43     same residence as the other party.] an individual who:
44          (a) is 18 years old or older;
45          (b) resides in the same home with another individual; and
46          (c) (i) is living as if a spouse of the individual;
47          (ii) is related by blood or marriage to the individual;
48          (iii) has one or more children in common with the individual; or
49          (iv) has an interest in the safety and well-being of the individual.
50          (3) "Domestic violence" means the same as that term is defined in Section 77-36-1.
51          [(3)] (4) "Firearm" means a pistol, revolver, shotgun, short barrel shotgun, rifle or short
52     barrel rifle, or a device that could be used as a dangerous weapon from which is expelled a
53     projectile by action of an explosive.
54          [(4)] (5) "Illegal firearm" means a firearm the ownership or possession of which is
55     prohibited under state or federal law.
56          (6) "Jail release agreement" means the same as that term is defined in Section
57     78B-7-801.
58          (7) "Jail release court order" means the same as that term is defined in Section
59     78B-7-801.
60          [(5)] (8) "Law enforcement agency" means a municipal or county police agency or an
61     officer of that agency.
62          [(6)] (9) "Owner cohabitant" means a cohabitant who [owns, in whole or in part, a
63     firearm]:
64          (a) is 18 years old or older; and
65          (b) owns a firearm.
66          [(7)] (10) "Public interest use" means:
67          (a) use by a government agency as determined by the legislative body of the agency's
68     jurisdiction; or
69          (b) donation to a bona fide charity.
70          Section 2. Section 53-5c-201 is amended to read:
71          53-5c-201. Voluntary commitment of a firearm by cohabitant -- Law enforcement
72     to hold firearm.
73          [(1) As used in this section:]
74          [(a) "Cohabitant" means any individual 18 years old or older residing in the home
75     who:]
76          [(i) is living as if a spouse of the owner cohabitant;]
77          [(ii) is related by blood or marriage to the owner cohabitant;]
78          [(iii) has one or more children in common with the owner cohabitant; or]
79          [(iv) has an interest in the safety and well-being of the owner cohabitant.]
80          [(b) "Owner cohabitant" means an individual:]
81          [(i) in relation to a cohabitant as described in Subsection (1)(a); and]
82          [(ii) who owns a firearm.]
83          [(2)] (1) (a) A cohabitant or owner cohabitant may voluntarily commit a firearm to a
84     law enforcement agency or request that a law enforcement officer receive a firearm for
85     safekeeping if the owner cohabitant or cohabitant believes that the owner cohabitant or another
86     cohabitant with access to the firearm is an immediate threat to:
87          (i) [himself or herself] a cohabitant;
88          (ii) the owner cohabitant; or
89          (iii) [any other person] another individual.
90          (b) [If] Except as provided in Subsection (2), if the owner of a firearm requests return
91     of the firearm in person at the law enforcement agency's office, the law enforcement agency:
92          (i) may not hold the firearm under this section; and
93          (ii) shall return the firearm to the owner.
94          (2) A law enforcement agency may not return a firearm to an owner under Subsection
95     (1)(b) if the owner of the firearm:
96          (a) is a restricted person under Section 76-10-503; or
97          (b) (i) has been arrested and booked into a county jail on a class A misdemeanor or
98     felony domestic violence offense;
99          (ii) has had a court:
100          (A) review the probable cause statement detailing the incident leading to the owner's
101     arrest; and
102          (B) determine that probable cause existed for the arrest; and
103          (iii) is subject to a jail release agreement or a jail release court order arising out of the
104     domestic violence offense.
105          (3) Unless a firearm is an illegal firearm subject to Section 53-5c-202, a law
106     enforcement agency that receives a firearm in accordance with this chapter shall:
107          (a) record:
108          (i) the owner cohabitant's name, address, and phone number;
109          (ii) the firearm serial number and the make and model of each firearm committed; and
110          (iii) the date that the firearm was voluntarily committed;
111          (b) require the cohabitant to sign a document attesting that the cohabitant resides in the
112     home;
113          (c) hold the firearm in safe custody [for]:
114          (i) for 60 days after the day on which the firearm is voluntarily committed; or
115          (ii) (A) for an owner described in Subsection (2)(b), during the time the jail release
116     agreement or jail release court order is in effect; and
117          (B) for 60 days after the day on which the jail release agreement or jail release court
118     order expires; and
119          (d) upon proof of identification, return the firearm to:
120          (i) (A) the owner cohabitant after the expiration of the 60-day period; or
121          (B) if the owner cohabitant requests return of the firearm before the expiration of the
122     60-day period, at the time of the request; or
123          (ii) an owner other than the owner cohabitant in accordance with Section 53-5c-202.
124          (4) The law enforcement agency shall hold the firearm for an additional 60 days:
125          (a) if the initial 60-day period expires; and
126          (b) the cohabitant or owner cohabitant requests that the law enforcement agency hold
127     the firearm for an additional 60 days.
128          (5) A law enforcement agency may not request or require that the owner cohabitant
129     provide the name or other information of the cohabitant who poses an immediate threat or any
130     other cohabitant.
131          (6) Notwithstanding an ordinance or policy to the contrary adopted in accordance with
132     Section 63G-2-701, a law enforcement agency shall destroy a record created under Subsection
133     (3), Subsection 53-5c-202(3)(b)(iii), or any other record created in the application of this
134     chapter immediately, if practicable, but no later than five days after immediately upon the:
135          (a) return of a firearm in accordance with Subsection (3)(d); or
136          (b) disposal of the firearm in accordance with Section 53-5c-202.
137          (7) Unless otherwise provided, the provisions of Title 77, Chapter 24a, Lost or Mislaid
138     Personal Property, do not apply to a firearm received by a law enforcement agency in
139     accordance with this chapter.
140          (8) A law enforcement agency shall adopt a policy for the safekeeping of a firearm held
141     in accordance with this chapter.
142          (9) The department shall create a pamphlet to be distributed by a law enforcement
143     officer under Section 77-36-2.1 that includes information about a cohabitant's or owner
144     cohabitant's ability to have the owner cohabitant's firearm committed to a law enforcement
145     agency for safekeeping in accordance with this section.
146          Section 3. Section 77-36-2.1 is amended to read:
147          77-36-2.1. Duties of law enforcement officers -- Notice to victims.
148          (1) A law enforcement officer who responds to an allegation of domestic violence shall
149     use all reasonable means to protect the victim and prevent further violence, including:
150          (a) taking the action that, in the officer's discretion, is reasonably necessary to provide
151     for the safety of the victim and any family or household member;
152          (b) confiscating the weapon or weapons involved in the alleged domestic violence;
153          (c) making arrangements for the victim and any child to obtain emergency housing or
154     shelter;
155          (d) providing protection while the victim removes essential personal effects;
156          (e) arrange, facilitate, or provide for the victim and any child to obtain medical
157     treatment; [and]
158          (f) arrange, facilitate, or provide the victim with immediate and adequate notice of the
159     rights of victims and of the remedies and services available to victims of domestic violence, in
160     accordance with Subsection (2)[.]; and
161          (g) providing the pamphlet created by the department under Section 53-5c-201 to the
162     victim if the allegation of domestic violence:
163          (i) includes a threat of violence as described in Section 76-5-107;
164          (ii) results, or would result, in the owner cohabitant becoming a restricted person under
165     Section 76-10-503; or
166          (iii) is accompanied by a completed lethality assessment that demonstrates the
167     cohabitant is at high risk of being further victimized.
168          (2) (a) A law enforcement officer shall give written notice to the victim in simple
169     language, describing the rights and remedies available under this chapter, Title 78B, Chapter 7,
170     Part 6, Cohabitant Abuse Protective Orders, and Title 78B, Chapter 7, Part 2, Child Protective
171     Orders.
172          (b) The written notice shall [also] include:
173          (i) a statement that the forms needed in order to obtain an order for protection are
174     available from the court clerk's office in the judicial district where the victim resides or is
175     temporarily domiciled;
176          (ii) a list of shelters, services, and resources available in the appropriate community,
177     together with telephone numbers, to assist the victim in accessing any needed assistance; and
178          (iii) the information required to be provided to both parties in accordance with
179     Subsections 78B-7-802(8) and (9).
180          (3) If a weapon is confiscated under this section, the law enforcement agency shall
181     return the weapon to the individual from whom the weapon is confiscated if a domestic
182     violence protective order is not issued or once the domestic violence protective order is
183     terminated.