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7 LONG TITLE
8 Committee Note:
9 The Law Enforcement and Criminal Justice Interim Committee recommended this bill.
10 Legislative Vote: 12 voting for 0 voting against 6 absent
11 General Description:
12 This bill addresses threatening or falsely reporting an emergency at a school.
13 Highlighted Provisions:
14 This bill:
15 ▸ requires a student to be suspended or expelled from a public school if the student
16 makes a false emergency report targeted at a school;
17 ▸ enhances the penalties for making a threat against a school;
18 ▸ makes it a second degree felony for an actor to make a false emergency report in
19 certain circumstances; and
20 ▸ makes technical and conforming changes.
21 Money Appropriated in this Bill:
22 None
23 Other Special Clauses:
24 None
25 Utah Code Sections Affected:
26 AMENDS:
27 53G-8-205, as last amended by Laws of Utah 2019, Chapter 293
28 76-5-107.1, as last amended by Laws of Utah 2022, Chapter 181
29 76-9-202, as last amended by Laws of Utah 2022, Chapter 161
30
31 Be it enacted by the Legislature of the state of Utah:
32 Section 1. Section 53G-8-205 is amended to read:
33 53G-8-205. Grounds for suspension or expulsion from a public school.
34 (1) A student may be suspended or expelled from a public school for [
35 following reasons:
36 (a) frequent or flagrant willful disobedience, defiance of proper authority, or disruptive
37 behavior, including the use of foul, profane, vulgar, or abusive language;
38 (b) willful destruction or defacing of school property;
39 (c) behavior or threatened behavior which poses an immediate and significant threat to
40 the welfare, safety, or morals of other students or school personnel or to the operation of the
41 school;
42 (d) possession, control, or use of an alcoholic beverage as defined in Section
43 32B-1-102;
44 (e) behavior proscribed under Subsection (2) which threatens harm or does harm to the
45 school or school property, to a person associated with the school, or property associated with
46 that person, regardless of where it occurs; or
47 (f) possession or use of pornographic material on school property.
48 (2) (a) A student shall be suspended or expelled from a public school for [
49 following reasons:
50 (i) [
51 serious violation occurring in a school building, in or on school property, or in conjunction
52 with [
53 (A) the possession, control, or actual or threatened use of a real weapon, explosive, or
54 noxious or flammable material;
55 (B) the actual or threatened use of a look alike weapon with intent to intimidate another
56 person or to disrupt normal school activities; or
57 (C) the sale, control, or distribution of a drug or controlled substance as defined in
58 Section 58-37-2, an imitation controlled substance defined in Section 58-37b-2, or drug
59 paraphernalia as defined in Section 58-37a-3; [
60 (ii) the commission of an act involving the use of force or the threatened use of force
61 which if committed by an adult would be a felony or class A misdemeanor; or
62 (iii) making a false report of an emergency at a school under Subsection
63 76-9-202(2)(d).
64 (b) A student who commits a violation of Subsection (2)(a) involving a real or look
65 alike weapon, explosive, or flammable material shall be expelled from school for a period of
66 not less than one year subject to the following:
67 (i) within 45 days after the expulsion the student shall appear before the student's local
68 school board superintendent, the superintendent's designee, chief administrative officer of a
69 charter school, or the chief administrative officer's designee, accompanied by a parent; and
70 (ii) the superintendent, chief administrator, or designee shall determine:
71 (A) what conditions must be met by the student and the student's parent for the student
72 to return to school;
73 (B) if the student should be placed on probation in a regular or alternative school
74 setting consistent with Section 53G-8-208, and what conditions must be met by the student in
75 order to ensure the safety of students and faculty at the school the student is placed in; and
76 (C) if it would be in the best interest of both the school district or charter school, and
77 the student, to modify the expulsion term to less than a year, conditioned on approval by the
78 local school board or charter school governing board and giving highest priority to providing a
79 safe school environment for all students.
80 (3) A student may be denied admission to a public school on the basis of having been
81 expelled from that or any other school during the preceding 12 months.
82 (4) A suspension or expulsion under this section is not subject to the age limitations
83 under Subsection 53G-6-204(1).
84 (5) Each local school board and charter school governing board shall prepare an annual
85 report for the state board on:
86 (a) each violation committed under this section; and
87 (b) each action taken by the school district against a student who committed the
88 violation.
89 Section 2. Section 76-5-107.1 is amended to read:
90 76-5-107.1. Threats against schools.
91 (1) (a) As used in this section:
92 (i) "Hoax weapon of mass destruction" means the same as that term is defined in
93 Section 76-10-401.
94 (ii) "School" means a preschool or a public or private elementary or secondary school.
95 (b) Terms defined in Section 76-1-101.5 apply to this section.
96 (2) An actor is guilty of making a threat against a school if the actor threatens [
97
98 [
99 (a) threatens the use of a firearm or weapon or hoax weapon of mass destruction;
100 (b) acts with intent to:
101 (i) disrupt the regular schedule of the school or influence or affect the conduct of
102 students, employees, or the general public at the school;
103 (ii) prevent or interrupt the occupancy of the school or a portion of the school, or a
104 facility or vehicle used by the school; or
105 (iii) intimidate or coerce students or employees of the school; or
106 (c) causes an official or volunteer agency organized to deal with emergencies to take
107 action due to the risk to the school or general public.
108 (3) (a) (i) A violation of Subsection (2)(a), (b)(i), or (b)(iii) is a [
109 third degree felony.
110 (ii) A violation of Subsection (2)(b)(ii) is a class [
111 (iii) A violation of Subsection (2)(c) is a class [
112 (b) (i) In addition to [
113 an actor convicted [
114 state, or local unit of government, or [
115 for expenses and losses incurred in responding to the threat, unless the court states on the
116 record the reasons why the reimbursement would be inappropriate.
117 (ii) Restitution ordered in the case of a minor adjudicated for a violation of this section
118 shall be determined in accordance with Section 80-6-710.
119 (4) It is not a defense to this section that the actor did not attempt to carry out the threat
120 or was incapable of carrying out the threat.
121 (5) [
122 agency.
123 [
124
125 (6) Counseling for [
126 family may be made available through state and local health department programs.
127 Section 3. Section 76-9-202 is amended to read:
128 76-9-202. Emergency reporting -- Interference -- False report.
129 (1) (a) As used in this section:
130 [
131 and the prompt summoning of aid is essential to the preservation of human life or property.
132 [
133 [
134 [
135 (b) Terms defined in Sections 76-1-101.5 apply to this section.
136 (2) An actor is guilty of emergency reporting abuse if the actor:
137 (a) intentionally refuses to yield or surrender the use of a party line or a public pay
138 telephone to another individual upon being informed that the telephone is needed to report a
139 fire or summon police, medical, or other aid in case of emergency, unless the telephone is
140 likewise being used for an emergency call;
141 (b) asks for or requests the use of a party line or a public pay telephone on the pretext
142 that an emergency exists, knowing that no emergency exists;
143 (c) except as provided in Subsection (2)(d), reports an emergency or causes an
144 emergency to be reported, through any means, to [
145 whose purpose is to respond to fire, police, or medical emergencies, when the actor knows the
146 reported emergency does not exist; or
147 (d) makes a false report, or intentionally aids, abets, or causes [
148 person to make a false report, through any means to an emergency response service, including a
149 law enforcement dispatcher or a 911 emergency response service, if the false report claims that:
150 (i) an [
151 (ii) the emergency described in Subsection (2)(d)(i) [
152 imminent or future threat of[
153 (iii) the emergency described in Subsection (2)(d)(i) is occurring or will occur at a
154 specified location.
155 (3) (a) A violation of Subsection (2)(a) or (b) is a class C misdemeanor.
156 (b) A violation of Subsection (2)(c) is a class B misdemeanor, except as provided
157 under Subsection (3)(c).
158 (c) A violation of Subsection (2)(c) is a second degree felony if the report is regarding
159 a weapon of mass destruction, as defined in Section 76-10-401.
160 (d) A violation of Subsection (2)(d)[
161
162 [
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164 [
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167 (4) (a) In addition to [
168 an actor convicted of a violation of this section to reimburse[
169 unit of government, or [
170 expenses and losses incurred in responding to the violation[
171 [
172
173 (b) The court may order that the defendant pay less than the full amount of the costs
174 described in Subsection (4)(a) only if the court states on the record the reasons why the
175 reimbursement would be inappropriate.
176 Section 4. Effective date.
177 This bill takes effect on May 1, 2024.