This document includes Senate 3rd Reading Floor Amendments incorporated into the bill on Wed, Feb 28, 2024 at 5:24 PM by lpoole.
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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
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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→ [
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→ [
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)
95 program under this section.
96 Ŝ→ [
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→ [
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→ [
109a
110 class A misdemeanor.
111 Ŝ→ [
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; [
121 (c) [
122 the entire building is being used for the operation of the preschool or child care; or
123 [
124 care, in that room or rooms where the preschool or child care operation is being held.
125 (2) [
126 barreled shotgun, as those terms are defined in Section 76-10-501, at a place that the [
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 [
135 53-5-704, 53-5-705, 76-10-511, or 76-10-523, or as otherwise authorized by law;
136 (b) the [
137 53-5-704.5, unless the [
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 [
142 use; or
143 (e) the possession is:
144 (i) at the [
145 (ii) in any vehicle lawfully under the [
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.