Representative Stephanie Gricius proposes the following substitute bill:


1     
AIRPORT WEAPON POSSESSION AMENDMENTS

2     
2024 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Stephanie Gricius

5     
Senate Sponsor: David P. Hinkins

6     

7     LONG TITLE
8     General Description:
9          This bill concerns weapon possession at an airport.
10     Highlighted Provisions:
11          This bill:
12          ▸     establishes, with a sunset date, law enforcement reporting requirements concerning
13     the possession of certain types of dangerous weapons in a secure area of an airport;
14          ▸     requires the State Commission on Criminal and Juvenile Justice to receive, compile,
15     and publish data concerning offenses involving the possession of a dangerous
16     weapon in a secure area of an airport;
17          ▸     adds criminal negligence as a culpable mental state for the possession of a
18     dangerous weapon in a secure area of an airport;
19          ▸     provides limitations on the punishment for certain violations resulting from the
20     possession of a dangerous weapon in a secure area of an airport;
21          ▸     provides, under certain circumstances, that an actor in possession of a dangerous
22     weapon in a secure area of the airport may return to a non-secure area of the airport
23     with the dangerous weapon or may temporarily surrender the dangerous weapon
24     into the custody of the law enforcement agency to be retrieved at a later date;
25          ▸     requires a law enforcement agency to take certain actions regarding the retrieval of a
26     dangerous weapon;
27          ▸     provides limitations on certain local entities regarding criminal prosecution, civil
28     remedies, or other actions resulting from the possession of certain items at an
29     airport;
30          ▸     provides procedures for the disposal of a firearm or other dangerous weapon by a
31     law enforcement agency; and
32          ▸     provides technical and conforming changes.
33     Money Appropriated in this Bill:
34          None
35     Other Special Clauses:
36          This bill provides a special effective date.
37     Utah Code Sections Affected:
38     AMENDS:
39          63I-2-253 (Superseded 07/01/24), as last amended by Laws of Utah 2023, Chapters 7,
40     21, 33, 142, 167, 168, 380, 383, and 467
41          63I-2-253 (Effective 07/01/24), as last amended by Laws of Utah 2023, Chapters 7, 21,
42     33, 142, 167, 168, 310, 380, 383, and 467
43          63I-2-276, as last amended by Laws of Utah 2023, Chapter 301
44          76-10-529, as last amended by Laws of Utah 2023, Chapter 422
45          77-11a-402, as last amended by Laws of Utah 2023, Chapters 397, 422 and renumbered
46     and amended by Laws of Utah 2023, Chapter 448
47          77-11d-101, as renumbered and amended by Laws of Utah 2023, Chapter 448
48          77-11d-105, as renumbered and amended by Laws of Utah 2023, Chapter 448
49     ENACTS:
50          53-25-102, Utah Code Annotated 1953
51     

52     Be it enacted by the Legislature of the state of Utah:
53          Section 1. Section 53-25-102 is enacted to read:
54          53-25-102. Airport dangerous weapon possession reporting requirements.
55          (1) As used in this section, "commission" means the State Commission on Criminal
56     and Juvenile Justice created in Section 63M-7-201.
57          (2) Beginning on January 1, 2026, a law enforcement agency having law enforcement
58     jurisdiction over an airport shall annually, on or before April 30, submit a report to the
59     commission detailing:
60          (a) for an offense described in Subsection 76-10-529(2)(a)(i):
61          (i) the number of issued written warnings;
62          (ii) the number of issued citations;
63          (iii) the number of referrals to a detective; and
64          (iv) the number of referrals to a prosecutor; and
65          (b) for an offense described in Subsection 76-10-529(2)(a)(ii):
66          (i) the number of issued written warnings; and
67          (ii) if applicable, the number of issued citations, including the number of individuals
68     who have received more than one citation for the offense.
69          (3) The commission shall:
70          (a) develop a standardized format for reporting the data described in Subsection (2);
71          (b) compile the data submitted under Subsection (2); and
72          (c) annually on or before August 1, publish a report of the data described in Subsection
73     (2) on the commission's website.
74          Section 2. Section 63I-2-253 (Superseded 07/01/24) is amended to read:
75          63I-2-253 (Superseded 07/01/24). Repeal dates: Titles 53 through 53G.
76          (1) Section 53-1-118 is repealed on July 1, 2024.
77          (2) Section 53-1-120 is repealed on July 1, 2024.
78          (3) Section 53-7-109 is repealed on July 1, 2024.
79          (4) Section 53-22-104 is repealed December 31, 2023.
80          (5) Section 53-25-102 is repealed on December 31, 2031.
81          [(5)] (6) Section 53B-6-105.7 is repealed July 1, 2024.
82          [(6)] (7) Section 53B-7-707 regarding performance metrics for technical colleges is
83     repealed July 1, 2023.
84          [(7)] (8) Section 53B-8-114 is repealed July 1, 2024.
85          [(8)] (9) The following provisions, regarding the Regents' scholarship program, are
86     repealed on July 1, 2023:
87          (a) in Subsection 53B-8-105(12), the language that states, "or any scholarship
88     established under Sections 53B-8-202 through 53B-8-205";
89          (b) Section 53B-8-202;
90          (c) Section 53B-8-203;
91          (d) Section 53B-8-204; and
92          (e) Section 53B-8-205.
93          [(9)] (10) Section 53B-10-101 is repealed on July 1, 2027.
94          [(10)] (11) Subsection 53E-1-201(1)(s) regarding the report by the Educational
95     Interpretation and Translation Services Procurement Advisory Council is repealed July 1, 2024.
96          [(11)] (12) Section 53E-1-202.2, regarding a Public Education Appropriations
97     Subcommittee evaluation and recommendations, is repealed January 1, 2024.
98          [(12)] (13) Section 53F-2-209, regarding local education agency budgetary flexibility,
99     is repealed July 1, 2024.
100          [(13)] (14) Subsection 53F-2-314(4), relating to a one-time expenditure between the
101     at-risk WPU add-on funding and previous at-risk funding, is repealed January 1, 2024.
102          [(14)] (15) Section 53F-2-524, regarding teacher bonuses for extra work assignments,
103     is repealed July 1, 2024.
104          [(15)] (16) Section 53F-5-221, regarding a management of energy and water pilot
105     program, is repealed July 1, 2028.
106          [(16)] (17) Section 53F-9-401 is repealed on July 1, 2024.
107          [(17)] (18) Section 53F-9-403 is repealed on July 1, 2024.
108          [(18)] (19) On July 1, 2023, when making changes in this section, the Office of
109     Legislative Research and General Counsel shall, in addition to the office's authority under
110     Section 36-12-12, make corrections necessary to ensure that sections and subsections identified
111     in this section are complete sentences and accurately reflect the office's perception of the
112     Legislature's intent.
113          Section 3. Section 63I-2-253 (Effective 07/01/24) is amended to read:
114          63I-2-253 (Effective 07/01/24). Repeal dates: Titles 53 through 53G.
115          (1) Subsection 53-1-104(1)(b), regarding the Air Ambulance Committee, is repealed
116     July 1, 2024.
117          (2) Section 53-1-118 is repealed on July 1, 2024.
118          (3) Section 53-1-120 is repealed on July 1, 2024.
119          (4) Section 53-2d-107, regarding the Air Ambulance Committee, is repealed July 1,
120     2024.
121          (5) In relation to the Air Ambulance Committee, on July 1, 2024, Subsection
122     53-2d-702(1)(a) is amended to read:
123          "(a) provide the patient or the patient's representative with the following information
124     before contacting an air medical transport provider:
125          (i) which health insurers in the state the air medical transport provider contracts with;
126          (ii) if sufficient data is available, the average charge for air medical transport services
127     for a patient who is uninsured or out of network; and
128          (iii) whether the air medical transport provider balance bills a patient for any charge not
129     paid by the patient's health insurer; and".
130          (6) Section 53-7-109 is repealed on July 1, 2024.
131          (7) Section 53-22-104 is repealed December 31, 2023.
132          (8) Section 53-25-102 is repealed on December 31, 2031.
133          [(8)] (9) Section 53B-6-105.7 is repealed July 1, 2024.
134          [(9)] (10) Section 53B-7-707 regarding performance metrics for technical colleges is
135     repealed July 1, 2023.
136          [(10)] (11) Section 53B-8-114 is repealed July 1, 2024.
137          [(11)] (12) The following provisions, regarding the Regents' scholarship program, are
138     repealed on July 1, 2023:
139          (a) in Subsection 53B-8-105(12), the language that states, "or any scholarship
140     established under Sections 53B-8-202 through 53B-8-205";
141          (b) Section 53B-8-202;
142          (c) Section 53B-8-203;
143          (d) Section 53B-8-204; and
144          (e) Section 53B-8-205.
145          [(12)] (13) Section 53B-10-101 is repealed on July 1, 2027.
146          [(13)] (14) Subsection 53E-1-201(1)(s) regarding the report by the Educational
147     Interpretation and Translation Services Procurement Advisory Council is repealed July 1, 2024.
148          [(14)] (15) Section 53E-1-202.2, regarding a Public Education Appropriations
149     Subcommittee evaluation and recommendations, is repealed January 1, 2024.
150          [(15)] (16) Section 53F-2-209, regarding local education agency budgetary flexibility,
151     is repealed July 1, 2024.
152          [(16)] (17) Subsection 53F-2-314(4), relating to a one-time expenditure between the
153     at-risk WPU add-on funding and previous at-risk funding, is repealed January 1, 2024.
154          [(17)] (18) Section 53F-2-524, regarding teacher bonuses for extra work assignments,
155     is repealed July 1, 2024.
156          [(18)] (19) Section 53F-5-221, regarding a management of energy and water pilot
157     program, is repealed July 1, 2028.
158          [(19)] (20) Section 53F-9-401 is repealed on July 1, 2024.
159          [(20)] (21) Section 53F-9-403 is repealed on July 1, 2024.
160          [(21)] (22) On July 1, 2023, when making changes in this section, the Office of
161     Legislative Research and General Counsel shall, in addition to the office's authority under
162     Section 36-12-12, make corrections necessary to ensure that sections and subsections identified
163     in this section are complete sentences and accurately reflect the office's perception of the
164     Legislature's intent.
165          Section 4. Section 63I-2-276 is amended to read:
166          63I-2-276. Repeal dates: Title 76.
167          (1) Subsection 76-5-102.7(2)(b), regarding assault or threat of violence against an
168     owner, employee, or contractor of a health facility, is repealed January 1, 2027.
169          (2) Section 76-7-305.7 is repealed January 1, 2023.
170          (3) Subsection 76-10-529(9), regarding data collection requirements, is repealed on
171     December 31, 2031.
172          Section 5. Section 76-10-529 is amended to read:
173          76-10-529. Possession of firearms, other dangerous weapons, or explosives in
174     airport secure areas prohibited -- Punishment limitations -- Reporting requirement.
175          (1) (a) As used in this section:
176          (i) "Airport authority" has the same meaning as defined in Section 72-10-102.
177          (ii) "Explosive" is the same as defined for "explosive, chemical, or incendiary device"
178     in Section 76-10-306.
179          (iii) "Law enforcement officer" means the same as that term is defined in Section
180     53-13-103.
181          (b) Terms defined in Sections 76-1-101.5 and 76-10-501 apply to this section.
182          (2) (a) Within a secure area of an airport established pursuant to this section, [a person]
183     an actor, including [a person] an actor licensed to carry a concealed firearm under Title 53,
184     Chapter 5, Part 7, Concealed Firearm Act, is guilty of:
185          (i) a class A misdemeanor if the [person] actor knowingly or intentionally possesses
186     [any dangerous weapon or] a firearm or other dangerous weapon;
187          (ii) subject to Subsection (5), an infraction if the [person] actor recklessly or with
188     criminal negligence possesses [any dangerous weapon or] a firearm or other dangerous
189     weapon; or
190          (iii) a violation of Section 76-10-306 if the [person] actor transports, possesses,
191     distributes, or sells [any] an explosive, chemical, or incendiary device.
192          (b) Subsection (2)(a) does not apply to:
193          (i) [persons] individuals exempted under Section 76-10-523; and
194          (ii) [members] a member of the state or federal military forces while engaged in the
195     performance of [their] the member's official duties.
196          (3) An airport authority, county, [or] municipality, or other entity regulating [the] an
197     airport may:
198          (a) establish [any] a secure area located beyond the main area where the public
199     generally buys tickets, checks and retrieves luggage; and
200          (b) use reasonable means, including mechanical, electronic, x-ray, or [any other]
201     another device, to detect [dangerous weapons,] firearms, other dangerous weapons, or
202     explosives concealed in baggage or upon the person of [any] an individual attempting to enter
203     the secure area.
204          (4) At least one notice shall be prominently displayed at each entrance to a secure area
205     in which a [dangerous weapon,] firearm, other dangerous weapon, or explosive is restricted.
206          [(5) Upon the discovery of any dangerous weapon, firearm, or explosive, the airport
207     authority, county, or municipality, the employees, or other personnel administering the secure
208     area may:]
209          [(a) require the individual to deliver the item to the air freight office or airline ticket
210     counter;]
211          [(b) require the individual to exit the secure area; or]
212          [(c) obtain possession or retain custody of the item until it is transferred to law
213     enforcement officers.]
214          (5) (a) An actor who violates Subsection (2)(a)(ii) on a first offense may receive a
215     written warning for the offense and may not receive a citation or any other form of punishment.
216          (b) An actor who violates Subsection (2)(a)(ii) on a second or subsequent offense may
217     receive a written warning or a citation.
218          (6) (a) Except as provided in Subsection (6)(d), if a law enforcement officer issues a
219     citation to an actor for an infraction as a result of the actor's conduct described in Subsection
220     (2)(a)(ii), or provides an oral or written warning for that conduct, the law enforcement officer
221     shall:
222          (i) if the law enforcement officer is able to confirm that the actor may lawfully possess
223     the firearm or other dangerous weapon, allow the actor, at the actor's option, to:
224          (A) temporarily surrender custody of the firearm or other dangerous weapon into the
225     custody of the law enforcement agency so that the firearm or other dangerous weapon may be
226     retrieved by the actor at a later date; or
227          (B) exit the secure area of the airport with the firearm or other dangerous weapon; or
228          (ii) if the law enforcement officer is unable to confirm that the actor may lawfully
229     possess the firearm or other dangerous weapon, or the airport authority under Subsection (6)(d)
230     prohibits the procedure described in Subsection (6)(a)(i), take temporary custody of the firearm
231     or other dangerous weapon so that the firearm or other dangerous weapon may be retrieved by
232     the actor at a later date if legally permitted to do so.
233          (b) If a law enforcement officer takes temporary custody of a firearm or other
234     dangerous weapon under Subsection (6)(a):
235          (i) at the time the firearm or other dangerous weapon is obtained from the actor, the
236     law enforcement officer, or another law enforcement officer, or an employee who works in the
237     secure area of the airport, shall provide the actor with written instructions on how, when, and
238     where the actor may retrieve the actor's firearm or other dangerous weapon; and
239          (ii) within three business days from the time when the law enforcement officer receives
240     the firearm or other dangerous weapon, the law enforcement agency shall determine whether
241     the actor is legally permitted to possess the firearm or other dangerous weapon, and if so,
242     ensure that the firearm or other dangerous weapon is available for the actor to retrieve.
243          (c) An unclaimed firearm or other dangerous weapon that is surrendered into the
244     custody of a law enforcement agency under this Subsection (6) may be disposed of pursuant to
245     Section 77-11d-105, disposition of unclaimed property.
246          (d) An airport authority may implement a policy that prohibits the law enforcement
247     agency with jurisdiction over the airport from utilizing the procedure described in Subsection
248     (6)(a)(i).
249          [(6)] (7) (a) [An individual who is prosecuted for a violation of this section based on
250     the possession of a firearm shall have the individual's firearm returned to the individual] An
251     actor's firearm that is confiscated based on a violation of Subsection (2)(a)(i) shall be returned
252     to the actor in accordance with Subsection 77-11a-402(1)(b) [if the individual may lawfully
253     possess the firearm].
254          (b) In accordance with Subsection 77-11b-102(5), a firearm seized under [this section]
255     Subsection (2)(a)(i) is not subject to forfeiture if the [charged individual] actor may lawfully
256     possess the firearm.
257          (c) In a prosecution brought under this section, a prosecutor may not condition a plea
258     on the forfeiture of a firearm.
259          (8) An airport authority, county, municipality, or other entity regulating an airport or
260     with local jurisdiction over an airport may not:
261          (a) charge, cite, or prosecute an actor with a different offense under the Utah Code,
262     local ordinance, or another state or local law or regulation for conduct described in Subsection
263     (2)(a)(ii);
264          (b) assess a civil penalty for conduct described in Subsection (2)(a)(i) or (ii); or
265          (c) enact a regulation, ordinance, or law covering conduct described in Subsection (2).
266          (9) A law enforcement agency that issues a written warning, citation, or referral for
267     prosecution under this section shall record and report the information as required under Section
268     53-25-102.
269          Section 6. Section 77-11a-402 is amended to read:
270          77-11a-402. Disposition of seized property and contraband -- Return of seized
271     property.
272          (1) (a) Except as provided in Subsection (1)(b), if a prosecuting attorney determines
273     that seized property no longer needs to be retained as evidence under Chapter 11c, Retention of
274     Evidence, the prosecuting attorney may:
275          (i) petition the court to apply the property that is money towards restitution, fines, fees,
276     or monetary judgments owed by the owner of the property;
277          (ii) petition the court for an order transferring ownership of weapons to the agency with
278     custody for the agency's use and disposal in accordance with Section 77-11a-403 if the owner:
279          (A) is the individual who committed the offense for which the weapon was seized; or
280          (B) may not lawfully possess the weapon; or
281          (iii) notify the agency with custody of the property or contraband that:
282          (A) the property may be returned to the owner in accordance with Section 77-11a-301
283     if the owner may lawfully possess the property; or
284          (B) the contraband may be disposed of or destroyed.
285          (b) If a prosecuting attorney determines that a firearm seized from an individual as a
286     result of an offense committed under [Section 76-10-529] Subsection 76-10-529(2)(a)(i) no
287     longer needs to be retained for court proceedings, the prosecuting attorney shall notify the
288     agency with custody of the firearm that the property shall be returned to the individual if the
289     individual may lawfully possess the firearm.
290          (2) Before returning a firearm to an individual, the agency returning the firearm shall
291     confirm, through the Bureau of Criminal Identification, that the individual is eligible to
292     lawfully possess and receive firearms.
293          (3) (a) Except as provided in Subsection (3)(b), if the agency is unable to locate the
294     owner of the property or the owner is not entitled to lawfully possess the property, the agency
295     may:
296          (i) apply the property to a public interest use;
297          (ii) sell the property at public auction and apply the proceeds of the sale to a public
298     interest use; or
299          (iii) destroy the property if the property is unfit for a public interest use or for sale.
300          (b) If the property described in Subsection (3)(a) is a firearm, the agency shall dispose
301     of the firearm in accordance with Section 77-11a-403.
302          (4) Before applying the property or the proceeds from the sale of the property to a
303     public interest use, the agency shall obtain from the legislative body of the agency's
304     jurisdiction:
305          (a) permission to apply the property or the proceeds to public interest use; and
306          (b) the designation and approval of the public interest use of the property or the
307     proceeds.
308          (5) If a peace officer seizes property that at the time of seizure is held by a pawn or
309     secondhand business in the course of the pawn or secondhand business's business, the
310     provisions of Section 13-32a-116 shall apply to the disposition of the property.
311          Section 7. Section 77-11d-101 is amended to read:
312          77-11d-101. Definitions.
313          As used in this chapter:
314          (1) "Interest holder" means the same as that term is defined in Section 77-11a-101.
315          (2) (a) "Lost or mislaid property":
316          [(a)] (i) means any property that comes into the possession of a peace officer or law
317     enforcement agency:
318          [(i)] (A) that is not claimed by anyone who is identified as the owner of the property; or
319          [(ii)] (B) for which no owner or interest holder can be found after a reasonable and
320     diligent search;
321          [(b)] (ii) includes any property received by a peace officer or law enforcement agency
322     from a person claiming to have found the property; and
323          [(c)] (iii) does not include property seized by a peace officer in accordance with
324     Chapter 11a, Seizure of Property and Contraband.
325          (b) "Lost or mislaid property" includes a firearm or other dangerous weapon received
326     by a law enforcement agency at an airport under Subsection 76-10-529(6).
327          (3) "Owner" means the same as that term is defined in Section 77-11a-101.
328          (4) "Public interest use" means:
329          (a) use by a governmental agency as determined by the agency's legislative body; or
330          (b) donation to a nonprofit charity registered with the state.
331          Section 8. Section 77-11d-105 is amended to read:
332          77-11d-105. Disposition of unclaimed property.
333          [(1) (a) If]
334          (1) (a) Except as provided in Subsection (6), if the owner of any lost or mislaid
335     property cannot be determined or notified, or if the owner of the property is determined and
336     notified, and fails to appear and claim the property after three months of the property's receipt
337     by the local law enforcement agency, the agency shall:
338          (i) publish notice of the intent to dispose of the unclaimed property on Utah's Public
339     Legal Notice Website established in Subsection 45-1-101(2)(b);
340          (ii) post a similar notice on the public website of the political subdivision within which
341     the law enforcement agency is located; and
342          (iii) post a similar notice in a public place designated for notice within the law
343     enforcement agency.
344          (b) The notice shall:
345          (i) give a general description of the item; and
346          (ii) the date of intended disposition.
347          (c) The agency may not dispose of the lost or mislaid property until at least eight days
348     after the date of publication and posting.
349          (2) (a) If no claim is made for the lost or mislaid property within nine days of
350     publication and posting, the agency shall notify the person who turned the property over to the
351     local law enforcement agency, if it was turned over by a person under Section 77-11d-103.
352          (b) Except as provided in Subsection (4), if that person has complied with the
353     provisions of this chapter, the person may take the lost or mislaid property if the person:
354          (i) pays the costs incurred for advertising and storage; and
355          (ii) signs a receipt for the item.
356          (3) If the person who found the lost or mislaid property fails to take the property under
357     the provisions of this chapter, the agency shall:
358          (a) apply the property to a public interest use as provided in Subsection (4);
359          (b) sell the property at public auction and apply the proceeds of the sale to a public
360     interest use; or
361          (c) destroy the property if it is unfit for a public interest use or sale.
362          (4) Before applying the lost or mislaid property to a public interest use, the agency
363     having possession of the property shall obtain from the agency's legislative body:
364          (a) permission to apply the property to a public interest use; and
365          (b) the designation and approval of the public interest use of the property.
366          (5) Any person employed by a law enforcement agency who finds property may not
367     claim or receive property under this section.
368          (6) (a) If the lost or mislaid property is a firearm or other dangerous weapon received
369     by a law enforcement agency under Subsection 76-10-529(6), the law enforcement agency may
370     dispose of the firearm or other dangerous weapon three months after the property's receipt by
371     the law enforcement agency if the owner of the firearm or other dangerous weapon, or the
372     owner's agent:
373          (i) fails to retrieve the firearm or other dangerous weapon; or
374          (ii) is legally prohibited from possessing the firearm or other dangerous weapon.
375          (b) A law enforcement agency may dispose of a firearm under Subsection (6)(a) by
376     following the procedures described in Section 77-11a-403, disposition of firearms no longer
377     needed as evidence.
378          Section 9. Effective date.
379          (1) Except as provided in Subsection (2), this bill takes effect on May 1, 2024.
380          (2) The actions affecting Section 63I-2-253 (Effective 07/01/24) take effect on July 1,
381     2024.