Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 67 (2016GS)

Sponsor

Rep. Thurston, N.  (Thurston’s own bill)

Final action

Governor Signed 3/30/2016

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• eliminates the prohibition of carrying a firearm on a bus with no criminal intent.

Every vote on this bill

Bill text

WEAPONS ON PUBLIC TRANSPORTATION
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Norman K Thurston
Senate Sponsor: 
Allen M. Christensen
LONG TITLE
General Description:
This bill modifies the prohibition on carrying a firearm on a bus.
Highlighted Provisions:
This bill:
▸ eliminates the prohibition of carrying a firearm on a bus with no criminal intent.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
76-10-1504
, as last amended by Laws of Utah 2007, Chapter 310
76-10-1507
, as last amended by Laws of Utah 2007, Chapter 310
77-23a-8
, as last amended by Laws of Utah 2013, Chapter 196
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
76-10-1504
 is amended to read:
76-10-1504.
Bus hijacking -- Assault with intent to commit hijacking -- Use of a
dangerous weapon -- Penalties.
(1) (a) A person is guilty of bus hijacking if the person seizes or exercises control, by
force or violence or threat of force or violence, of a bus within the state.
(b) Bus hijacking is a first degree felony.
(2) (a) A person is guilty of assault with the intent to commit bus hijacking if the
person intimidates, threatens, or commits assault or battery toward a driver, attendant, guard, or
any other person in control of a bus so as to interfere with the performance of duties by the
person.
(b) Assault with the intent to commit bus hijacking is a second degree felony.
(3) A person who, in the commission of assault with intent to commit bus hijacking,
uses a dangerous weapon, as defined in Section 
76-1-601
, is guilty of a first degree felony.
[
(4) (a) A person who boards a bus with a concealed dangerous weapon or firearm
upon his person or effects is guilty of a third degree felony.
]
[
(b) The prohibition of Subsection (4)(a) does not apply to:
]
[
(i) individuals listed in Subsections 
76-10-523
(1)(a), (b), (c), (d), and (e);
]
[
(ii) a person licensed to carry a concealed weapon; or
]
[
(iii) persons in possession of weapons or firearms with the consent of the owner of the
bus or the owner's agent, or the lessee or bailee of the bus.
]
Section 2. Section 
76-10-1507
 is amended to read:
76-10-1507.
Exclusion of persons without bona fide business from terminal --
Dangerous materials -- Surveillance devices and seizure of offending materials --
Detention of violators -- Private security personnel.
(1) (a) In order to provide for the safety, welfare and comfort of passengers, a bus
company may refuse admission to terminals to a person not having bona fide business within
the terminal.
(b) The refusal may not be inconsistent or contrary to state or federal laws or
regulations, or to an ordinance of the political subdivision in which the terminal is located.
(c) An authorized bus company representative may require a person in a terminal to
identify himself and state his business.
(d) Failure to comply with a request under Subsection (1)(c) or to state an acceptable
business purpose is grounds for the representative to request that the person depart the
terminal.
(e) A person who refuses to comply with a request made under Subsection (1)(d) is
guilty of a class C misdemeanor.
(2) (a) A person who carries [
a concealed dangerous weapon, firearm, or
] any highly
[
inflammable
] 
flammable
 or hazardous [
materials or devices
] 
material or device
 into a terminal
or aboard a bus is guilty of a third degree felony.
[
(b) The prohibition of Subsection (2)(a) does not apply to individuals listed in
Subsection 
76-10-1504
(4).
]
[
(c)
] 
(b)
 The bus company may employ reasonable means, including mechanical,
electronic or x-ray devices to detect the items concealed in baggage or upon the person of a
passenger.
[
(d)
] 
(c)
 Upon the discovery of an item referred to in Subsection (2)(a), the company
may obtain possession and retain custody of the item until it is transferred to a peace officer.
(3) (a) An authorized bus company representative may detain within a terminal or bus
any person violating the provisions of this section for a reasonable time until law enforcement
authorities arrive.
(b) The detention does not constitute unlawful imprisonment and neither the bus
company nor the representative is civilly or criminally liable upon grounds of unlawful
imprisonment or assault, provided that only reasonable and necessary force is exercised against
the detained person.
(4) (a) A bus company may employ or contract for private security personnel.
(b) The personnel may:
(i) detain within a terminal or bus a person violating this section for a reasonable time
until law enforcement authorities arrive; and
(ii) use reasonable and necessary force in subduing or detaining the person.
Section 3. Section 
77-23a-8
 is amended to read:
77-23a-8.
Court order to authorize or approve interception -- Procedure.
(1) The attorney general of the state, any assistant attorney general specially designated
by the attorney general, any county attorney, district attorney, deputy county attorney, or deputy
district attorney specially designated by the county attorney or by the district attorney, may
authorize an application to a judge of competent jurisdiction for an order for an interception of
wire, electronic, or oral communications by any law enforcement agency of the state, the
federal government or of any political subdivision of the state that is responsible for
investigating the type of offense for which the application is made.
(2) The judge may grant the order in conformity with the required procedures when the
interception sought may provide or has provided evidence of the commission of:
(a) any act:
(i) prohibited by the criminal provisions of:
(A) Title 58, Chapter 37, Utah Controlled Substances Act;
(B) Title 58, Chapter 37c, Utah Controlled Substance Precursor Act; or
(C) Title 58, Chapter 37d, Clandestine Drug Lab Act; and
(ii) punishable by a term of imprisonment of more than one year;
(b) any act prohibited by the criminal provisions of Title 61, Chapter 1, Utah Uniform
Securities Act
,
 and punishable by a term of imprisonment of more than one year;
(c) an offense:
(i) of:
(A) attempt, Section 
76-4-101
;
(B) conspiracy, Section 
76-4-201
;
(C) solicitation, Section 
76-4-203
; and
(ii) punishable by a term of imprisonment of more than one year;
(d) a threat of terrorism offense punishable by a maximum term of imprisonment of
more than one year, Section 
76-5-107.3
;
(e) (i) aggravated murder, Section 
76-5-202
;
(ii) murder, Section 
76-5-203
; or
(iii) manslaughter, Section 
76-5-205
;
(f) (i) kidnapping, Section 
76-5-301
;
(ii) child kidnapping, Section 
76-5-301.1
;
(iii) aggravated kidnapping, Section 
76-5-302
;
(iv) human trafficking or human smuggling, Section 
76-5-308
; or
(v) aggravated human trafficking or aggravated human smuggling, Section 
76-5-310
;
(g) (i) arson, Section 
76-6-102
; or
(ii) aggravated arson, Section 
76-6-103
;
(h) (i) burglary, Section 
76-6-202
; or
(ii) aggravated burglary, Section 
76-6-203
;
(i) (i) robbery, Section 
76-6-301
; or
(ii) aggravated robbery, Section 
76-6-302
;
(j) an offense:
(i) of:
(A) theft, Section 
76-6-404
;
(B) theft by deception, Section 
76-6-405
; or
(C) theft by extortion, Section 
76-6-406
; and
(ii) punishable by a maximum term of imprisonment of more than one year;
(k) an offense of receiving stolen property that is punishable by a maximum term of
imprisonment of more than one year, Section 
76-6-408
;
(l) a financial card transaction offense punishable by a maximum term of imprisonment
of more than one year, Section 
76-6-506.2
, 
76-6-506.3
, 
76-6-506.5
, or 
76-6-506.6
;
(m) bribery of a labor official, Section 
76-6-509
;
(n) bribery or threat to influence a publicly exhibited contest, Section 
76-6-514
;
(o) a criminal simulation offense punishable by a maximum term of imprisonment of
more than one year, Section 
76-6-518
;
(p) criminal usury, Section 
76-6-520
;
(q) a fraudulent insurance act offense punishable by a maximum term of imprisonment
of more than one year, Section 
76-6-521
;
(r) a violation of Title 76, Chapter 6, Part 7, Utah Computer Crimes Act, punishable by
a maximum term of imprisonment of more than one year, Section 
76-6-703
;
(s) bribery to influence official or political actions, Section 
76-8-103
;
(t) misusing public money, Section 
76-8-402
;
(u) tampering with a witness or soliciting or receiving a bribe, Section 
76-8-508
;
(v) retaliation against a witness, victim, or informant, Section 
76-8-508.3
;
(w) tampering with a juror, retaliation against a juror, Section 
76-8-508.5
;
(x) extortion or bribery to dismiss criminal proceeding, Section 
76-8-509
;
(y) obstruction of justice, Section 
76-8-306
;
(z) destruction of property to interfere with preparation for defense or war, Section
76-8-802
;
(aa) an attempt to commit crimes of sabotage, Section 
76-8-804
;
(bb) conspiracy to commit crimes of sabotage, Section 
76-8-805
;
(cc) advocating criminal syndicalism or sabotage, Section 
76-8-902
;
(dd) assembly for advocating criminal syndicalism or sabotage, Section 
76-8-903
;
(ee) riot punishable by a maximum term of imprisonment of more than one year,
Section 
76-9-101
;
(ff) dog fighting, training dogs for fighting, or dog fighting exhibitions punishable by a
maximum term of imprisonment of more than one year, Section 
76-9-301.1
;
(gg) possession, use, or removal of an explosive, chemical, or incendiary device and
parts, Section 
76-10-306
;
(hh) delivery to a common carrier or mailing of an explosive, chemical, or incendiary
device, Section 
76-10-307
;
(ii) exploiting prostitution, Section 
76-10-1305
;
(jj) aggravated exploitation of prostitution, Section 
76-10-1306
;
(kk) bus hijacking[
,
] 
or
 assault with intent to commit hijacking, [
dangerous weapon or
firearm,
] Section 
76-10-1504
;
(ll) discharging firearms and hurling missiles, Section 
76-10-1505
;
(mm) violations of [
the
] 
Title 76, Chapter 10, Part 16,
 Pattern of Unlawful Activity
Act
,
 and the offenses listed under the definition of unlawful activity in the act, including the
offenses not punishable by a maximum term of imprisonment of more than one year when
those offenses are investigated as predicates for the offenses prohibited by the act, Section
76-10-1602
;
(nn) communications fraud, Section 
76-10-1801
;
(oo) money laundering, Sections 
76-10-1903
 and 
76-10-1904
; or
(pp) reporting by a person engaged in a trade or business when the offense is
punishable by a maximum term of imprisonment of more than one year, Section 
76-10-1906
.