1     
TRESPASSING OF A LONG-TERM GUEST AMENDMENTS

2     
2024 GENERAL SESSION

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STATE OF UTAH

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Chief Sponsor: Kirk A. Cullimore

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House Sponsor: Calvin R. Musselman

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7     LONG TITLE
8     General Description:
9          This bill modifies criminal trespass by long-term guest to a residence.
10     Highlighted Provisions:
11          This bill:
12          ▸     clarifies that an immediate family member is not a long-term guest; and
13          ▸     addresses resolution of the circumstance in which one party attempts to remove a
14     long-term guest and another party gives express permission for the long-term guest
15     to stay.
16     Money Appropriated in this Bill:
17          None
18     Other Special Clauses:
19          None
20     Utah Code Sections Affected:
21     AMENDS:
22          76-6-206.4, as last amended by Laws of Utah 2023, Chapter 111
23     

24     Be it enacted by the Legislature of the state of Utah:
25          Section 1. Section 76-6-206.4 is amended to read:
26          76-6-206.4. Criminal trespass by long-term guest to a residence.
27          (1) (a) As used in this section:
28          (i) "Burglary" means an offense described in Section 76-6-202, 76-6-203, or 76-6-204.
29          (ii) "Long-term guest" means an individual who is not a tenant, nor the immediate
30     family member of an owner or tenant, but who is given express or implied permission by [the
31     person who is the primary occupant] an owner or tenant of the residence or someone with
32     apparent authority to act for [the primary occupant] an owner or tenant to enter a portion of a
33     residence or temporarily occupy a portion of a residence:
34          (A) for a period of time longer than 48 hours; and
35          (B) without providing the owner or [primary occupant] tenant of the residence
36     compensation or entering into an agreement that the individual provide labor in lieu of
37     providing the owner or primary occupant compensation for occupying the residence.
38          (iii) "Residence" means an improvement to real property used or occupied as a primary
39     or secondary dwelling.
40          (iv) "Tenant" means a person who has the right to occupy a residence under a rental
41     agreement or lease, or has a tenancy by operation of law.
42          (b) Terms defined in Sections 76-1-101.5 and 76-6-201 apply to this section.
43          [(2) An actor commits criminal trespass of a residence if the actor:]
44          [(a) is a long-term guest; and]
45          [(b) in circumstances not amounting to burglary, remains in a residence after the actor
46     receives notice against remaining in the residence by personal communication to the actor by
47     the person who is the primary occupant of the residence or someone with apparent authority to
48     act for the primary occupant.]
49          (2) (a) Except as provided in Subsection (2)(b), a long-term guest commits criminal
50     trespass of a residence if the long-term guest, in circumstances not amounting to burglary,
51     remains in a residence after receiving notice to leave the residence from:
52          (i) an owner;
53          (ii) a tenant; or
54          (iii) someone with apparent authority to act for an owner or a tenant.
55          (b) A long-term guest does not commit criminal trespass if:
56          (i) the long-term guest has express permission to remain in the residence from a
57     separate owner or tenant; and
58          (ii) the express permission is not:
59          (A) revoked by the owner or tenant described in Subsection (2)(b)(i); or
60          (B) rendered void under Subsection (2)(c).
61          (c) The express permission described in Subsection (2)(b) is void if:
62          (i) the long-term guest or a visitor of the long-term guest:
63          (A) uses or distributes illegal drugs at the residence;
64          (B) distributes alcohol to a minor at the residence;
65          (C) commits a crime against a person or property at the residence; or
66          (D) commits a behavior that threatens or substantially endangers the security, safety,
67     well-being, or health of other persons at the residence or threatens or damages property at the
68     residence; or
69          (ii) the long-term guest commits a felony after occupying the residence, regardless of
70     whether the long-term guest enters into a plea agreement for a lower offense and regardless of
71     where the felony takes place.
72          (3) A violation of Subsection (2) is a class B misdemeanor.
73          (4) Before a law enforcement officer escorts [an actor] a long-term guest from a
74     residence for a violation of Subsection (2), the law enforcement officer shall provide the [actor]
75     long-term guest a reasonable time for the [actor] long-term guest to collect the [actor's]
76     long-term guest's personal belongings.
77          Section 2. Effective date.
78          This bill takes effect on May 1, 2024.