This document includes Senate 3rd Reading Floor Amendments incorporated into the bill on Wed, Feb 28, 2024 at 5:24 PM by lpoole.
Senator David P. Hinkins proposes the following substitute bill:


1     
SCHOOL EMPLOYEE FIREARM POSSESSION AMENDMENTS

2     
2024 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Tim Jimenez

5     
Senate Sponsor: David P. Hinkins

6     

7     LONG TITLE
8     General Description:
9          This bill creates a program regarding the possession of a firearm by a school employee.
10     Highlighted Provisions:
11          This bill:
12          ▸     defines terms;
13          ▸     creates the Educator-Protector Program to incentivize school teachers to responsibly
14     secure or carry a firearm on school grounds; 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          76-10-505.5, as last amended by Laws of Utah 2021, Chapter 141
23     ENACTS:
24          53-22-105, Utah Code Annotated 1953
25     


26     Be it enacted by the Legislature of the state of Utah:
27          Section 1. Section 53-22-105 is enacted to read:
28          53-22-105. Educator-Protector Program.
29          (1) As used in this section:
30          (a) "Annual classroom response training" means a training for a teacher:
31          (i) that is held at least once a year and is administered, at no cost to a teacher, by the
32     individual identified by the county sheriff as described in Section 53-22-103; and
33          (ii) where the teacher is trained:
34          (A) on how to defend a classroom against active threats emphasizing the teacher's role
35     in stationary defense; and
36          (B) on the safe loading, unloading, storage, and carrying of firearms in a school setting.
37          (b) "Bureau" means the Bureau of Criminal Identification created in Section
38     53-10-201.
39          (c) "Local education agency" means the same as that term is defined in Section
40     53E-1-102.
41          (d) "Program" means the Educator-Protector Program created under this section.
42          (e) "Teacher" means an individual employed by a local education agency who has an
43     assignment to teach in a classroom.
44          (2) There is created the Educator-Protector Program to incentivize a teacher to
45     responsibly secure or carry a firearm on the grounds of the school where the teacher is
46     employed.
47          (3) (a) To participate in the program, a teacher shall:
48          (i) have completed an annual classroom response training within six months before the
49     day on which the teacher joins the program;
50          (ii) have a valid concealed carry permit issued under Title 53, Chapter 5, Part 7,
51     Concealed Firearm Act; and
52          (iii) certify to the department that:
53          (A) the teacher satisfies the requirements described in Subsections (3)(a)(i) and
54     (3)(a)(ii); and
55          (B) if applicable, intends to securely store or carry a firearm on the grounds of a school
56     where the teacher is employed.

57          (b) After joining the program, to retain the teacher's active status in the program, a
58     teacher shall:
59          (i) participate in annual classroom response training; and
60          (ii) comply with any rules established by the department in accordance with Subsection
61     (11).
62          (4) (a) The state security chief shall:
63          (i) track each teacher that participates in the program by collecting a photograph, name,
64     and contact information for each teacher;
65          (ii) make the information described in Subsection (4)(a) readily available to each law
66     enforcement agency in the state; and
67          (iii) provide reasonable reimbursement, using funds appropriated by the Legislature, to
68     a county sheriff for providing a teacher with annual classroom response training.
69          (b) The state security chief shall categorize the information described in Subsection
70     (4)(a)(i) by school.
71          (5) A teacher participating in the program:
72          (a) may store the teacher's firearm on the grounds of a school only if:
73          (i) the firearm is stored in a biometric gun safe Ŝ→ [
provided by the teacher] ←Ŝ ;
74          (ii) the biometric gun safe is located in the teacher's classroom or office; and
75          (iii) the teacher is physically present on the grounds of the school while the firearm is
76     stored in the biometric gun safe; and
77          (b) shall carry the teacher's firearm in a concealed manner unless during an active
78     threat.
79          (6) This section does not prohibit an individual who has a valid concealed carry permit
80     but is not participating in the program from carrying firearms on the grounds of a school as
81     described in Subsection 76-10-505.5(4).
82          (7) (a) A teacher who has active status in the program is not liable for any civil
83     damages or penalties if the teacher:
84          (i) when carrying or storing a firearm:
85          (A) is acting in good faith; and
86          (B) is not grossly negligent; or
87          (ii) threatens, draws, or otherwise uses a firearm reasonably believing the action to be

88     necessary in compliance with Section 76-2-402.
89          (b) A local education agency is not liable for civil damages or penalties resulting from
90     a teacher who is participating in the program carrying, using, or storing a firearm at a school.
91          Ŝ→ [
(8) Each school within a local education agency shall post a sign that states that the
92     school is not a gun free zone and an individual intending to commit violence on the school's
93     grounds may be confronted by armed resistance.
94          (9)
] (8) ←Ŝ
A local education agency may not prevent a teacher from participating in the
95     program under this section.
96          Ŝ→ [
(10) (a)] (9)(a) ←Ŝ Any information or record created detailing a teacher's participation
96a     in the
97     program is:
98          (i) a private, controlled, or protected record under Title 63G, Chapter 2, Government
99     Records Access and Management Act; and
100          (ii) available only to:
101          (A) the state security chief;
102          (B) a local law enforcement agency that would respond to the school in case of an
103     emergency; and
104          (C) the individual identified by the county sheriff as described in Section 53-22-103.
105          (b) The information or record described in Subsection Ŝ→ [
(10)(a)] (9)(a) ←Ŝ includes the
105a     information
106     described in Subsection (4)(a)(i) and any personal identifying information of a teacher
107     participating in the program collected or obtained during annual classroom response training.
108          (c) An individual who intentionally or knowingly provides the information described in
109     Subsection Ŝ→ [
(10)(a)] (9)(a) ←Ŝ to an individual or entity not listed in Subsection Ŝ→ [
109a     (10)(a)(ii)
] (9)(a)(ii) ←Ŝ is guilty of a
110     class A misdemeanor.
111          Ŝ→ [
(11)] (10) ←Ŝ In accordance with Title 63G, Chapter 3, Utah Administrative
111a     Rulemaking Act,
112     the department may adopt rules to administer this section.
113          Section 2. Section 76-10-505.5 is amended to read:
114          76-10-505.5. Possession of a dangerous weapon, firearm, or short barreled
115     shotgun on or about school premises -- Penalties.
116          (1) As used in this section, "on or about school premises" means:
117          (a) (i) in a public or private elementary or secondary school; or
118          (ii) on the grounds of any of those schools;

119          (b) (i) in a public or private institution of higher education; or
120          (ii) on the grounds of a public or private institution of higher education; [and] or
121          (c) [(iii)] (i) [(A)] inside the building where a preschool or child care is being held, if
122     the entire building is being used for the operation of the preschool or child care; or
123          [(B)] (ii) if only a portion of a building is being used to operate a preschool or child
124     care, in that room or rooms where the preschool or child care operation is being held.
125          (2) [A person] An actor may not possess any dangerous weapon, firearm, or short
126     barreled shotgun, as those terms are defined in Section 76-10-501, at a place that the [person]
127     actor knows, or has reasonable cause to believe, is on or about school premises as defined in
128     this section.
129          (3) (a) Possession of a dangerous weapon on or about school premises is a class B
130     misdemeanor.
131          (b) Possession of a firearm or short barreled shotgun on or about school premises is a
132     class A misdemeanor.
133          (4) This section does not apply if:
134          (a) the [person] actor is authorized to possess a firearm as provided under Section
135     53-5-704, 53-5-705, 76-10-511, or 76-10-523, or as otherwise authorized by law;
136          (b) the [person] actor is authorized to possess a firearm as provided under Section
137     53-5-704.5, unless the [person] actor is in a location where the [person] actor is prohibited
138     from carrying a firearm under Subsection 53-5-710(2);
139          (c) the possession is approved by the responsible school administrator;
140          (d) the item is present or to be used in connection with a lawful, approved activity and
141     is in the possession or under the control of the [person] actor responsible for its possession or
142     use; or
143          (e) the possession is:
144          (i) at the [person's] actor's place of residence or on the [person's] actor property; or
145          (ii) in any vehicle lawfully under the [person's] actor control, other than a vehicle
146     owned by the school or used by the school to transport students.
147          (5) This section does not:
148          (a) prohibit prosecution of a more serious weapons offense that may occur on or about
149     school premises; or

150          (b) prevent a actor from securely storing a firearm on the grounds of a school if the
151     actor participates in the Educator-Protector Program created in Section 53-22-105 and complies
152     with Subsection 53-22-105(5)(a).
153          Section 3. Effective date.
154          This bill takes effect on May 1, 2024.