This document includes House Committee Amendments incorporated into the bill on Fri, Feb 16, 2024 at 11:32 AM by housengrossing.
1     
RESTRICTED PERSONS AMENDMENTS

2     
2024 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Marsha Judkins

5     
Senate Sponsor: Stephanie Pitcher

6     

7     LONG TITLE
8     General Description:
9          This bill amends the definition of restricted person.
10     Highlighted Provisions:
11          This bill:
12          ▸     changes an alien illegally or unlawfully in the United States from a Category I
13     restricted person to a Category II restricted person;
14          ▸     changes the following individual from a Category II restricted person to a Category I
15     restricted person:
16               •     an individual with a protective order for domestic violence; and
17               •     an individual with a qualifying domestic violence conviction; and
18          ▸     makes technical and conforming changes.
19     Money Appropriated in this Bill:
20          None
21     Other Special Clauses:
22          None
23     Utah Code Sections Affected:
24     AMENDS:
25          53-10-208.1, as last amended by Laws of Utah 2023, Chapters 184, 328 and 397
26          76-10-503, as last amended by Laws of Utah 2023, First Special Session, Chapter 2
27     

28     Be it enacted by the Legislature of the state of Utah:
29          Section 1. Section 53-10-208.1 is amended to read:
30          53-10-208.1. Magistrates and court clerks to supply information.
31          (1) Every magistrate or clerk of a court responsible for court records in this state shall,
32     within 30 days after the day of the disposition and on forms and in the manner provided by the
33     division, furnish the division with information pertaining to:
34          (a) all dispositions of criminal matters, including:
35          (i) guilty pleas;
36          (ii) convictions;
37          (iii) dismissals;
38          (iv) acquittals;
39          (v) pleas in abeyance;
40          (vi) judgments of not guilty by reason of insanity;
41          (vii) judgments of guilty with a mental condition;
42          (viii) finding of mental incompetence to stand trial; and
43          (ix) probations granted;
44          (b) orders of civil commitment under the terms of Section 26B-5-332;
45          (c) the issuance, recall, cancellation, or modification of all warrants of arrest or
46     commitment as described in Rule 6, Utah Rules of Criminal Procedure and Section 78B-6-303,
47     within one day of the action and in a manner provided by the division; and
48          (d) protective orders issued after notice and hearing, pursuant to:
49          (i) Title 77, Chapter 36, Cohabitant Abuse Procedures Act;
50          (ii) Title 78B, Chapter 7, Part 4, Dating Violence Protective Orders;
51          (iii) Title 78B, Chapter 7, Part 5, Sexual Violence Protective Orders;
52          (iv) Title 78B, Chapter 7, Part 6, Cohabitant Abuse Protective Orders; or
53          (v) Title 78B, Chapter 7, Part 8, Criminal Protective Orders.
54          (2) When transmitting information on a criminal matter under Subsection (1)(a)(i), (ii),
55     (v), or (vii) for a conviction of misdemeanor assault under Section 76-5-102, the magistrate or
56     clerk of a court shall include available information regarding whether the conviction for assault
57     resulted from an assault against an individual:
58          (a) who is included in at least one of the relationship categories described in
59     Subsection [76-10-503(1)(b)(xi)] Ĥ→ [76-10-503(1)(a)(vii)] 76-10-503(1)(a)(vi) ←Ĥ ; or
60          (b) with whom none of the relationships described in Subsection [76-10-503(1)(b)(xi)]
61     Ĥ→ [76-10-503(1)(a)(vii)] 76-10-503(1)(a)(vi) ←Ĥ apply.
62          (3) The court in the county where a determination or finding was made shall transmit a
63     record of the determination or finding to the bureau no later than 48 hours after the
64     determination is made, excluding Saturdays, Sundays, and legal holidays, if an individual is:
65          (a) adjudicated as a mental defective; or
66          (b) involuntarily committed to a mental institution in accordance with Subsection
67     26B-5-332(16).
68          (4) The record described in Subsection (3) shall include:
69          (a) an agency record identifier;
70          (b) the individual's name, sex, race, and date of birth; and
71          (c) the individual's social security number, government issued driver license or
72     identification number, alien registration number, government passport number, state
73     identification number, or FBI number.
74          Section 2. Section 76-10-503 is amended to read:
75          76-10-503. Restrictions on possession, purchase, transfer, and ownership of
76     dangerous weapons by certain persons -- Exceptions.
77          (1) For purposes of this section:
78          (a) A Category I restricted person is a person who:
79          (i) has been convicted of:
80          (A) a violent felony; or
81          (B) a domestic violence offense that is a felony;
82          (ii) is on probation or parole for a felony;
83          (iii) is on parole from secure care, as defined in Section 80-1-102;
84          (iv) within the last 10 years has been adjudicated under Section 80-6-701 for an offense
85     which if committed by an adult would have been a violent felony as defined in Section
86     76-3-203.5;
87          [(v) is an alien who is illegally or unlawfully in the United States; or]
88          [(vi)] (v) is on probation for a conviction of possessing:
89          (A) a substance classified in Section 58-37-4 as a Schedule I or II controlled substance;
90          (B) a controlled substance analog; or
91          (C) a substance listed in Section 58-37-4.2[.]; Ĥ→ or ←Ĥ
92          Ĥ→ [(vi) is a respondent or defendant subject to a protective order or child protective order
93     that:
94          (A) is issued after a hearing for which the respondent or defendant received actual
95     notice and at which the respondent or defendant has an opportunity to participate;
96          (B) restrains the respondent or defendant from harassing, stalking, threatening, or
97     engaging in other conduct that would place an intimate partner, as defined in 18 U.S.C. Sec.
98     921, or a child of the intimate partner, in reasonable fear of bodily injury to the intimate partner
99     or child of the intimate partner; and
100          (C) includes a finding that the respondent or defendant represents a credible threat to
101     the physical safety of an intimate partner or a child of the intimate partner, or a finding that
102     explicitly prohibits the use, attempted use, or threatened use of physical force that would
103     reasonably be expected to cause bodily harm against an intimate partner or a child of the
104     intimate partner; or
105          (vii)] (vi) ←Ĥ except as provided in Subsection (1)(d), has been convicted of the
105a     commission or
106     attempted commission of misdemeanor assault under Section 76-5-102 or aggravated assault
107     under Section 76-5-103 against an individual:
108          (A) who is a current or former spouse, parent, or guardian;
109          (B) with whom the restricted person shares a child in common;
110          (C) who is cohabitating or has cohabitated with the restricted person as a spouse,
111     parent, or guardian;
112          (D) involved in a dating relationship with the restricted person within the last five
113     years; or
114          (E) similarly situated to a spouse, parent, or guardian of the restricted person.
115          (b) A Category II restricted person is a person who:
116          (i) has been convicted of:
117          [(A) a domestic violence offense that is a felony;]
118          [(B)] (A) a felony that is not a domestic violence offense or a violent felony and within
119     seven years after completing the sentence for the conviction, has been convicted of or charged
120     with another felony or class A misdemeanor;
121          [(C)] (B) multiple felonies that are part of a single criminal episode and are not
122     domestic violence offenses or violent felonies and within seven years after completing the
123     sentence for the convictions, has been convicted of or charged with another felony or class A
124     misdemeanor; or
125          [(D)] (C) multiple felonies that are not part of a single criminal episode;
126          (ii) (A) within the last seven years has completed a sentence for:
127          (I) a conviction for a felony that is not a domestic violence offense or a violent felony;
128     or
129          (II) convictions for multiple felonies that are part of a single criminal episode and are
130     not domestic violence offenses or violent felonies; and
131          (B) within the last seven years and after the completion of a sentence for a conviction
132     described in Subsection (1)(b)(ii)(A), has not been convicted of or charged with another felony
133     or class A misdemeanor;
134          (iii) within the last seven years has been adjudicated delinquent for an offense which if
135     committed by an adult would have been a felony;
136          (iv) is an unlawful user of a controlled substance as defined in Section 58-37-2;
137          (v) is in possession of a dangerous weapon and is knowingly and intentionally in
138     unlawful possession of a Schedule I or II controlled substance as defined in Section 58-37-2;
139          (vi) has been found not guilty by reason of insanity for a felony offense;
140          (vii) has been found mentally incompetent to stand trial for a felony offense;
141          (viii) has been adjudicated as mentally defective as provided in the Brady Handgun
142     Violence Prevention Act, Pub. L. No. 103-159, 107 Stat. 1536 (1993), or has been committed
143     to a mental institution;
144          (ix) has been dishonorably discharged from the armed forces;
145          (x) has renounced the individual's citizenship after having been a citizen of the United
146     States; Ĥ→ [or
147          [] ←Ĥ (xi) is a respondent or defendant subject to a protective order or child protective
147a     order
148     that is issued after a hearing for which the respondent or defendant received actual notice and
148a     at
149     which the respondent or defendant has an opportunity to participate, that restrains the
150     respondent or defendant from harassing, stalking, threatening, or engaging in other conduct
150a     that
151     would place an intimate partner, as defined in 18 U.S.C. Sec. 921, or a child of the intimate
152     partner, in reasonable fear of bodily injury to the intimate partner or child of the intimate
153     partner, and that:]
154          [(A) includes a finding that the respondent or defendant represents a credible threat to
155     the physical safety of an individual who meets the definition of an intimate partner in 18
155a     U.S.C.
156     Sec. 921 or the child of the individual; or]
157          [(B) explicitly prohibits the use, attempted use, or threatened use of physical force that
158     would reasonably be expected to cause bodily harm against an intimate partner or the child of
159     an intimate partner; or Ĥ→ []] ←Ĥ
160          [(xii) except as provided in Subsection (1)(d), has been convicted of the commission or
161     attempted commission of misdemeanor assault under Section 76-5-102 or aggravated assault
162     under Section 76-5-103 against an individual:]
163          [(A) who is a current or former spouse, parent, or guardian;]
164          [(B) with whom the restricted person shares a child in common;]
165          [(C) who is cohabitating or has cohabitated with the restricted person as a spouse,
166     parent, or guardian;]
167          [(D) involved in a dating relationship with the restricted person within the last five
168     years; or]
169          [(E) similarly situated to a spouse, parent, or guardian of the restricted person.]
170          Ĥ→ [(xi)] (xii) ←Ĥ is an alien who is illegally or unlawfully in the United States.
171          (c) (i) [As used in this section, a] A conviction of a felony or adjudication of
172     delinquency for an offense which would be a felony if committed by an adult does not include:
173          (A) a conviction or an adjudication under Section 80-6-701 for an offense pertaining to
174     antitrust violations, unfair trade practices, restraint of trade, or other similar offenses relating to
175     the regulation of business practices not involving theft or fraud; or
176          (B) a conviction or an adjudication under Section 80-6-701 which, in accordance with
177     the law of the jurisdiction in which the conviction or adjudication occurred, has been
178     expunged, set aside, reduced to a misdemeanor by court order, pardoned or regarding which the
179     person's civil rights have been restored unless the pardon, reduction, expungement, or
180     restoration of civil rights expressly provides that the person may not ship, transport, possess, or
181     receive firearms.
182          (ii) [As used in this section, a] A conviction for misdemeanor assault under Subsection
183     [(1)(b)(xii)] Ĥ→ [(1)(a)(vii)] (1)(a)(vi) ←Ĥ , does not include a conviction which, in accordance
183a     with the law of the
184     jurisdiction in which the conviction occurred, has been expunged, set aside, reduced to an
185     infraction by court order, pardoned, or regarding which the person's civil rights have been
186     restored, unless the pardon, reduction, expungement, or restoration of civil rights expressly
187     provides that the person may not ship, transport, possess, or receive firearms.
188          (iii) It is the burden of the defendant in a criminal case to provide evidence that a
189     conviction or an adjudication under Section 80-6-701 is subject to an exception provided in
190     this Subsection (1)(c), after which it is the burden of the state to prove beyond a reasonable
191     doubt that the conviction or the adjudication is not subject to that exception.
192          (d) A person is not a restricted person for a conviction under Subsection
193     [(1)(b)(xii)(D)] Ĥ→ [(1)(a)(vii)(D)] (1)(a)(vi)(D) ←Ĥ if:
194          (i) five years have elapsed from the later of:
195          (A) the day on which the conviction is entered;
196          (B) the day on which the person is released from incarceration following the
197     conviction; or
198          (C) the day on which the person's probation for the conviction is successfully
199     terminated;
200          (ii) the person only has a single conviction for misdemeanor assault as described in
201     Subsection [(1)(b)(xii)(D)] Ĥ→ [(1)(a)(vii)(D)] (1)(a)(vi)(D) ←Ĥ ; and
202          (iii) the person is not otherwise a restricted person under Subsection (1)(a) or (b).
203          (2) A Category I restricted person who intentionally or knowingly agrees, consents,
204     offers, or arranges to purchase, transfer, possess, use, or have under the person's custody or
205     control, or who intentionally or knowingly purchases, transfers, possesses, uses, or has under
206     the person's custody or control:
207          (a) a firearm is guilty of a second degree felony; or
208          (b) a dangerous weapon other than a firearm is guilty of a third degree felony.
209          (3) A Category II restricted person who intentionally or knowingly purchases, transfers,
210     possesses, uses, or has under the person's custody or control:
211          (a) a firearm is guilty of a third degree felony; or
212          (b) a dangerous weapon other than a firearm is guilty of a class A misdemeanor.
213          (4) A person may be subject to the restrictions of both categories at the same time.
214          (5) A Category I or Category II restricted person may not use an antique firearm for an
215     activity regulated under Title 23A, Wildlife Resources Act.
216          (6) If a higher penalty than is prescribed in this section is provided in another section
217     for one who purchases, transfers, possesses, uses, or has under this custody or control a
218     dangerous weapon, the penalties of that section control.
219          (7) It is an affirmative defense to a charge based on the definition in Subsection
220     (1)(b)(v) that the person was:
221          (a) in possession of a controlled substance pursuant to a lawful order of a practitioner
222     for use of a member of the person's household or for administration to an animal owned by the
223     person or a member of the person's household; or
224          (b) otherwise authorized by law to possess the substance.
225          (8) (a) It is an affirmative defense to transferring a firearm or other dangerous weapon
226     by a person restricted under Subsection (2) or (3) that the firearm or dangerous weapon:
227          (i) was possessed by the person or was under the person's custody or control before the
228     person became a restricted person;
229          (ii) was not used in or possessed during the commission of a crime or subject to
230     disposition under Section Title 77, Chapter 11a, Part 4, Disposal of Seized Property and
231     Contraband;
232          (iii) is not being held as evidence by a court or law enforcement agency;
233          (iv) was transferred to a person not legally prohibited from possessing the weapon; and
234          (v) unless a different time is ordered by the court, was transferred within 10 days of the
235     person becoming a restricted person.
236          (b) Subsection (8)(a) is not a defense to the use, purchase, or possession on the person
237     of a firearm or other dangerous weapon by a restricted person.
238          (9) (a) A person may not sell, transfer, or otherwise dispose of a firearm or dangerous
239     weapon to a person, knowing that the recipient is a person described in Subsection (1)(a) or (b).
240          (b) A person who violates Subsection (9)(a) when the recipient is:
241          (i) a person described in Subsection (1)(a) and the transaction involves a firearm, is
242     guilty of a second degree felony;
243          (ii) a person described in Subsection (1)(a) and the transaction involves a dangerous
244     weapon other than a firearm, and the transferor has knowledge that the recipient intends to use
245     the weapon for any unlawful purpose, is guilty of a third degree felony;
246          (iii) a person described in Subsection (1)(b) and the transaction involves a firearm, is
247     guilty of a third degree felony; or
248          (iv) a person described in Subsection (1)(b) and the transaction involves a dangerous
249     weapon other than a firearm, and the transferor has knowledge that the recipient intends to use
250     the weapon for an unlawful purpose, is guilty of a class A misdemeanor.
251          (10) (a) A person may not knowingly solicit, persuade, encourage or entice a dealer or
252     other person to sell, transfer or otherwise dispose of a firearm or dangerous weapon under
253     circumstances which the person knows would be a violation of the law.
254          (b) A person may not provide to a dealer or other person information that the person
255     knows to be materially false information with intent to deceive the dealer or other person about
256     the legality of a sale, transfer or other disposition of a firearm or dangerous weapon.
257          (c) "Materially false information" means information that portrays an illegal transaction
258     as legal or a legal transaction as illegal.
259          (d) A person who violates this Subsection (10) is guilty of:
260          (i) a third degree felony if the transaction involved a firearm; or
261          (ii) a class A misdemeanor if the transaction involved a dangerous weapon other than a
262     firearm.
263          Section 3. Effective date.
264          This bill takes effect on May 1, 2024.