Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 129 Second Substitute (2023GS)

Sponsor

Rep. Burton, J.

Final action

House/ filed 3/3/2023

Outcome

Failed / filed without passage

Summary

What it does

• This bill:
• defines terms;
• makes it a crime to transport, provide, sell, or possess a communication device at a correctional facility or secure area of a mental health facility in violation of facility policy; and
• makes technical changes.

Every vote on this bill

Bill text

PROHIBITED CORRECTIONAL FACILITY ITEMS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Jefferson S. Burton
Senate Sponsor: 
____________
LONG TITLE
General Description:
This bill enacts provisions related to communication devices in correctional facilities.
Highlighted Provisions:
This bill:
▸ defines terms; 
▸ makes it a crime to transport, provide, sell, or possess a communication device at a
correctional facility or secure area of a mental health facility in violation of facility
policy; and
▸ makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
76-8-311.3
, as last amended by Laws of Utah 2020, Chapters 302, 347
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
76-8-311.3
 is amended to read:
76-8-311.3.
Items prohibited in correctional and mental health facilities --
Penalties.
(1) As used in this section:
(a) 
"Communication device" means a device designed to receive or transmit an image,
text message, email, video, location information, or voice communication, or any other device
that can be used to communicate electronically.
(b)
 "Contraband" means any item not specifically prohibited for possession by
offenders under this section or Title 58, Chapter 37, Utah Controlled Substances Act.
[
(b)
] 
(c)
 "Controlled substance" means any substance defined as a controlled substance
under Title 58, Chapter 37, Utah Controlled Substances Act.
[
(c)
] 
(d)
 "Correctional facility" means:
(i) [
any
] 
a
 facility operated by or contracting with the Department of Corrections to
house offenders in either a secure or nonsecure setting;
(ii) [
any
] 
a
 facility operated by a municipality or a county to house or detain criminal
offenders;
(iii) [
any
] 
a
 juvenile detention facility; and
(iv) [
any
] 
a
 building or grounds appurtenant to the facility or lands granted to the state,
municipality, or county for use as a correctional facility.
[
(d)
] 
(e)
 "Electronic cigarette product" means the same as that term is defined in
Section 
76-10-101
.
[
(e)
] 
(f)
 "Medicine" means [
any
] 
a
 prescription drug as defined in Title 58, Chapter
17b, Pharmacy Practice Act, but does not include [
any
] 
a
 controlled substances as defined in
Title 58, Chapter 37, Utah Controlled Substances Act.
[
(f)
] 
(g)
 "Mental health facility" means the same as that term is defined in Section
62A-15-602
.
[
(g)
] 
(h)
 "Nicotine product" means the same as that term is defined in Section
76-10-101
.
[
(h)
] 
(i)
 "Offender" means a person in custody at a correctional facility.
[
(i)
] 
(j)
 "Secure area" means the same as that term is defined in Section 
76-8-311.1
.
[
(j)
] 
(k)
 "Tobacco product" means the same as that term is defined in Section
76-10-101
.
(2) Notwithstanding Section 
76-10-500
, a correctional 
facility
 or mental health facility
may provide by rule that no 
communication device,
 firearm, ammunition, dangerous weapon,
implement of escape, explosive, controlled substance, spirituous or fermented liquor, medicine,
or poison [
in any quantity
] may be:
(a) transported to or upon a correctional or mental health facility;
(b) sold or given away at [
any
] 
a
 correctional or mental health facility;
(c) given to or used by [
any
] 
an
 offender at a correctional or mental health facility; or
(d) knowingly or intentionally possessed at a correctional or mental health facility.
(3) It is a defense to [
any
] 
a
 prosecution under this section if the accused in committing
the act made criminal by this section with respect to:
(a) a correctional facility operated by the Department of Corrections, acted in
conformity with departmental rule or policy;
(b) a correctional facility operated by a municipality, acted in conformity with the
policy of the municipality;
(c) a correctional facility operated by a county, acted in conformity with the policy of
the county; or
(d) a mental health facility, acted in conformity with the policy of the mental health
facility.
(4) (a) An individual who transports to or upon a correctional facility, or into a secure
area of a mental health facility, [
any
] 
a communication device, a
 firearm, ammunition, 
a
dangerous weapon, or 
an
 implement of escape with intent to provide or sell it to any offender,
is guilty of a second degree felony.
(b) An individual who provides or sells to [
any
] 
an
 offender at a correctional facility, or
[
any
] 
a
 detainee at a secure area of a mental health facility, [
any
] 
a communication device, a
firearm, ammunition, 
a
 dangerous weapon, or 
an
 implement of escape is guilty of a second
degree felony.
(c) An offender [
who possesses
] at a correctional facility, or a detainee [
who possesses
]
at a secure area of a mental health facility, [
any
] 
who possesses a communication device, a
firearm, ammunition, 
a
 dangerous weapon, or 
an
 implement of escape is guilty of a second
degree felony.
(d) An individual
, other than an offender,
 who, without the permission of the authority
operating the correctional facility or the secure area of a mental health facility, knowingly
possesses at a correctional facility or a secure area of a mental health facility
:
(i)
 [
any
] 
a
 firearm, ammunition, 
a
 dangerous weapon, or 
an
 implement of escape is
guilty of a third degree felony
; or
(ii) a communication device is guilty of a class A misdemeanor
.
(e) An individual violates Section 
76-10-306
 who knowingly or intentionally
transports, possesses, distributes, or sells [
any
] 
an
 explosive in a correctional facility or mental
health facility.
(5) (a) An individual is guilty of a third degree felony who, without the permission of
the authority operating the correctional facility or secure area of a mental health facility,
knowingly transports to or upon a correctional facility or into a secure area of a mental health
facility any:
(i) spirituous or fermented liquor;
(ii) medicine, whether or not lawfully prescribed for the offender; or
(iii) poison [
in any quantity
].
(b) An individual is guilty of a third degree felony who knowingly violates correctional
or mental health facility policy or rule by providing or selling to any offender at a correctional
facility or detainee within a secure area of a mental health facility any:
(i) spirituous or fermented liquor;
(ii) medicine, whether or not lawfully prescribed for the offender; or
(iii) poison [
in any quantity
].
(c) An inmate is guilty of a third degree felony who, in violation of correctional or
mental health facility policy or rule, possesses at a correctional facility or in a secure area of a
mental health facility any:
(i) spirituous or fermented liquor;
(ii) medicine, other than medicine provided by the facility's health care providers in
compliance with facility policy; or
(iii) poison [
in any quantity
].
(d) An individual is guilty of a class A misdemeanor who, with the intent to directly or
indirectly provide or sell [
any
] 
a
 tobacco product, electronic cigarette product, or nicotine
product to an offender, directly or indirectly:
(i) transports, delivers, or distributes [
any
] 
a
 tobacco product, electronic cigarette
product, or nicotine product to an offender or on the grounds of [
any
] 
a
 correctional facility;
(ii) solicits, requests, commands, coerces, encourages, or intentionally aids another
person to transport [
any
] 
a
 tobacco product, electronic cigarette product, or nicotine product to
an offender or on [
any
] 
a
 correctional facility, if the person is acting with the mental state
required for the commission of an offense; or
(iii) facilitates, arranges, or causes the transport of [
any
] 
a
 tobacco product, electronic
cigarette product, or nicotine product in violation of this section to an offender or on the
grounds of [
any
] 
a
 correctional facility.
(e) An individual is guilty of a class A misdemeanor who, without the permission of
the authority operating the correctional or mental health facility, fails to declare or knowingly
possesses at a correctional facility or in a secure area of a mental health facility any:
(i) spirituous or fermented liquor;
(ii) medicine; or
(iii) poison [
in any quantity
].
(f) (i) Except as provided in Subsection (5)(f)(ii), an individual is guilty of a class B
misdemeanor who, without the permission of the authority operating the correctional facility,
knowingly engages in [
any
] 
an
 activity that would facilitate the possession of [
any
] contraband
by an offender in a correctional facility.
(ii) The provisions of Subsection (5)(d) regarding [
any
] 
a
 tobacco product, electronic
cigarette product, or nicotine product take precedence over this Subsection (5)(f).
(g) Exemptions may be granted for worship for Native American inmates pursuant to
Section 
64-13-40
.
(6) The possession, distribution, or use of a controlled substance at a correctional
facility or in a secure area of a mental health facility shall be prosecuted in accordance with
Title 58, Chapter 37, Utah Controlled Substances Act.
(7) The department shall make rules under Title 63G, Chapter 3, Utah Administrative
Rulemaking Act, to establish guidelines for providing written notice to visitors that providing
[
any
] 
a
 tobacco product, electronic cigarette product, or nicotine product to offenders is a class
A misdemeanor.