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 provided by the teacher;
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          (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) A local education agency may not prevent a teacher from participating in the
95     program under this section.
96          (10) (a) Any information or record created detailing a teacher's participation 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 (10)(a) includes the 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 (10)(a) to an individual or entity not listed in Subsection (10)(a)(ii) is guilty of a
110     class A misdemeanor.
111          (11) In accordance with Title 63G, Chapter 3, Utah Administrative 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.