1
2
3
4
5
6
7 LONG TITLE
8 General Description:
9 This bill addresses parental liability for the conduct of a minor.
10 Highlighted Provisions:
11 This bill:
12 ▸ addresses the civil liability of a parent or guardian with legal custody of a minor in
13 regards to damages or costs from a fire, property damage, or a threat of terrorism by
14 the minor; and
15 ▸ makes technical and conforming changes.
16 Money Appropriated in this Bill:
17 None
18 Other Special Clauses:
19 None
20 Utah Code Sections Affected:
21 AMENDS:
22 53-7-225.1, as enacted by Laws of Utah 2018, Chapter 189
23 53G-8-212, as last amended by Laws of Utah 2021, Chapter 262
24 ENACTS:
25 78B-3-1001, Utah Code Annotated 1953
26 78B-3-1003, Utah Code Annotated 1953
27 RENUMBERS AND AMENDS:
28 78B-3-1002, (Renumbered from 80-6-610, as renumbered and amended by Laws of
29 Utah 2021, Chapter 261)
30
31 Be it enacted by the Legislature of the state of Utah:
32 Section 1. Section 53-7-225.1 is amended to read:
33 53-7-225.1. Civil liability -- Parental liability for conduct by a minor.
34 [
35
36
37 [
38
39
40 (1) As used in this section, "minor" means an individual who is younger than 18 years
41 old.
42 (2) A person may bring a cause of action against an individual, who negligently,
43 recklessly, or intentionally causes or spreads a fire through discharge of a class C explosive, to
44 recover:
45 (a) costs incurred by the person in suppressing the fire; or
46 (b) damages from the fire suffered by the person.
47 (3) (a) Notwithstanding Section 78B-3-1002, and except as provided in Subsection
48 (3)(b), a person may bring a cause of action against the parent or legal guardian having legal
49 custody of a minor, who negligently, recklessly, or intentionally causes or spreads a fire
50 through discharge of a class C explosive, to recover:
51 (i) costs incurred by the person in suppressing the fire; or
52 (ii) damages from the fire suffered by the person.
53 (b) A person may not bring a cause of action against the state, an agency of the state, or
54 a contracted provider of an agency of the state, under Subsection (3)(a).
55 [
56 under Subsection [
57 [
58 [
59 [
60 [
61 reckless, or intentional conduct [
62 restrain the minor.
63 [
64 any negligent, reckless, or intentional conduct, regardless of whether:
65 (i) the person discharges a class C common state approved explosive:
66 (A) within the permitted time periods described in Subsection 53-7-225(3); or
67 (B) in an area where discharge was not prohibited under Subsection 53-7-225(5)(b) or
68 (c); or
69 (ii) the fire begins on:
70 (A) private land;
71 (B) land owned by the state or a political subdivision of the state;
72 (C) federal land; or
73 (D) tribal land.
74 (b) Discharging a class C explosive in an area in which fireworks are prohibited due to
75 hazardous environmental conditions, in accordance with Subsection 15A-5-202.5(1)(b),
76 constitutes the negligent, reckless, or intentional conduct described in [
77 Subsections (2) and (3).
78 (6) A person who suffers damage from a fire may pursue all other legal remedies in
79 addition to seeking damages under this section.
80 [
81
82
83 [
84 [
85
86 [
87
88 Section 2. Section 53G-8-212 is amended to read:
89 53G-8-212. Defacing or damaging school property -- Student's liability -- Work
90 program alternative.
91 (1) A student who willfully defaces or otherwise damages any school property may be
92 suspended or otherwise disciplined.
93 (2) (a) If a school's property has been lost or willfully cut, defaced, or otherwise
94 damaged, the school may withhold the issuance of an official written grade report, diploma, or
95 transcript of the student responsible for the damage or loss until the student or the student's
96 parent has paid for the damages.
97 (b) The student's parent [
98 [
99 (3) (a) If the student and the student's parent are unable to pay for the damages or if it is
100 determined by the school in consultation with the student's parent that the student's interests
101 would not be served if the parent were to pay for the damages, the school shall provide for a
102 program of work the student may complete in lieu of the payment.
103 (b) The school shall release the official grades, diploma, and transcripts of the student
104 upon completion of the work.
105 (4) Before any penalties are assessed under this section, the school shall adopt
106 procedures to ensure that the student's right to due process is protected.
107 (5) No penalty may be assessed for damages which may be reasonably attributed to
108 normal wear and tear.
109 (6) If the Department of Health and Human Services or a licensed child-placing agency
110 has been granted custody of the student, the student's records, if requested by the department or
111 agency, may not be withheld from the department or agency for nonpayment of damages under
112 this section.
113 Section 3. Section 78B-3-1001 is enacted to read:
114
115 78B-3-1001. Definitions.
116 As used in this part:
117 (1) "Adjudication" means the adjudication of an offense under Title 80, Chapter 6,
118 Juvenile Justice.
119 (2) "Graffiti" means the same as that term is defined in Title 76, Chapter 6, Offenses
120 Against Property.
121 (3) "Minor" means an individual who is younger than 18 years old.
122 Section 4. Section 78B-3-1002, which is renumbered from Section 80-6-610 is
123 renumbered and amended to read:
124 [
125 parent or guardian.
126 [
127
128 (1) Except as provided in Subsection (7), a person may bring a cause of action against a
129 parent or guardian having legal custody of a minor for damages sustained to the person's
130 property, not exceeding $2,000, when:
131 (a) the minor intentionally damages, defaces, destroys, or takes the property of another,
132 including using graffiti;
133 (b) the minor recklessly or willfully shoots or propels a missile, or other object at or
134 against a motor vehicle, bus, airplane, boat, locomotive, train, railway car, or caboose, whether
135 moving or standing; or
136 (c) the minor intentionally and unlawfully tampers with the property of another and
137 thereby recklessly endangers human life or recklessly causes or threatens a substantial
138 interruption or impairment of any public utility service, including using graffiti.
139 [
140
141
142 (2) Except as provided in Subsection (7), a person may bring a cause of action against a
143 parent or guardian of a minor for damages sustained to the person's property, not exceeding
144 $5,000, by the minor:
145 (a) for the benefit of, at the direction of, or in association with any criminal street gang
146 as defined in Section 76-9-802; or
147 (b) to gain recognition, acceptance, membership, or increased status with a criminal
148 street gang.
149 [
150
151 [
152
153 [
154 the minor's parent or guardian if[
155
156 (a) good cause; or
157 (b) that the parent or guardian:
158 (i) made a reasonable effort to restrain the wrongful conduct; and
159 (ii) reported the conduct to the property owner involved or the law enforcement agency
160 having primary jurisdiction after the parent or guardian knew of the minor's unlawful act.
161 [
162 guardian if the minor was arrested or apprehended by a peace officer or by anyone acting on
163 behalf of the property owner involved.
164 [
165 under Section 76-6-206, or an adjudication under Section 80-6-701 is not [
166
167 Subsection (1) or (2).
168 [
169 (a) the parent or guardian made a reasonable effort to supervise and direct the minor[
170
171 (b) in the event the parent or guardian knew in advance of the possible taking, injury,
172 or destruction by the minor, made a reasonable effort to restrain the minor.
173 (7) A person may not bring a cause of action against the state, an agency of the state, or
174 a contracted provider of an agency of the state, under this section.
175 Section 5. Section 78B-3-1003 is enacted to read:
176 78B-3-1003. Threat of terrorism -- Liability of parent or guardian.
177 (1) Except as provided in Subsection (6), if a person suffers damages from a threat of
178 terrorism committed by a minor in accordance with Section 76-5-107.3, the person may bring a
179 cause of action against a parent or guardian with legal custody of the minor to recover costs and
180 damages caused by the threat of terrorism.
181 (2) A parent or guardian is not liable for costs and damages under Subsection (1) if:
182 (a) the parent or guardian made a reasonable effort to supervise and direct the minor; or
183 (b) made a reasonable effort to restrain the minor if the parent or guardian knew in
184 advance of the minor's intent to commit a threat of terrorism.
185 (3) If a parent or guardian is found liable under this section, the court may waive part
186 or all of the parent's or guardian's liability for costs and damages if the court finds:
187 (a) good cause; or
188 (b) that the parent or guardian:
189 (i) made a reasonable effort to restrain the wrongful conduct; and
190 (ii) reported the conduct to law enforcement after the parent or guardian knew of the
191 minor's wrongful conduct.
192 (4) A report is not required under Subsection (3)(b)(ii) from a parent or guardian if the
193 minor was arrested or apprehended by law enforcement.
194 (5) An adjudication or a conviction of a minor for an offense under Section 76-5-107.3
195 is not required for a civil action to be brought under this section.
196 (6) A person may not bring a cause of action against the state, an agency of the state, or
197 a contracted provider of an agency of the state, under this section.