Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 329 (2022GS)

Sponsor

Rep. Teuscher, J.

Final action

Governor Signed 3/22/2022

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• exempts an individual who is taking a medication prescribed for a certain medical condition from the offense of carrying a weapon while under the influence of drugs or alcohol; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

WEAPON POSSESSION PENALTY AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Jordan D. Teuscher
Senate Sponsor: 
 Chris H. Wilson
LONG TITLE
General Description:
This bill concerns the offense of carrying a weapon while under the influence of drugs
or alcohol.
Highlighted Provisions:
This bill:
▸ exempts an individual who is taking a medication prescribed for a certain medical
condition from the offense of carrying a weapon while under the influence of drugs
or alcohol; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
76-10-528
, as last amended by Laws of Utah 2020, Chapter 12
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
76-10-528
 is amended to read:
76-10-528.
Carrying a dangerous weapon while under influence of alcohol or
drugs unlawful.
(1) It is a class B misdemeanor for [
any person
] 
an actor
 to carry a dangerous weapon
while under the influence of:
(a) alcohol as determined by the [
person's
] 
actor's
 blood or breath alcohol concentration
in accordance with Subsections 
41-6a-502
(1)(a) through (c); or
(b) a controlled substance as defined in Section 
58-37-2
.
(2) This section does not apply to:
(a) [
a person
] 
an actor
 carrying a dangerous weapon that is either securely encased, as
defined in this part, or not within such close proximity and in such a manner that it can be
retrieved and used as readily as if carried on the person;
(b) [
any person
] 
an actor
 who uses or threatens to use force in compliance with Section
76-2-402
; 
(c) [
any person
] 
an actor
 carrying a dangerous weapon in the [
person's
] 
actor's
residence or the residence of another with the consent of the individual who is lawfully in
possession; [
or
]
(d) [
a person
] 
an actor
 under the influence of cannabis or a cannabis product, as those
terms are defined in Section 
26-61a-102
, if the [
person's
] 
actor's
 use of the cannabis or
cannabis product complies with Title 26, Chapter 61a, Utah Medical Cannabis Act[
.
]
; or
(e) an actor who:
(i) has a valid prescription for a medication approved by the federal Food and Drug
Administration for the treatment of attention deficit disorder or attention deficit hyperactivity
disorder; and
(ii) takes the medication described in Subsection (2)(e)(i) as prescribed.
(3) It is not a defense to prosecution under this section that the [
person
] 
actor
:
(a) is licensed in the pursuit of wildlife of any kind; or
(b) has a valid permit to carry a concealed firearm.