Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 199 Third Substitute (2023GS)

Sponsor

Rep. Cutler, P.

Final action

Governor Signed 3/14/2023

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• defines terms;
• prohibits a law enforcement agency that receives a firearm from the owner or the owner's cohabitant for safekeeping from returning the firearm to the owner if the owner:
• is a restricted person; or
• has been arrested and booked into jail on a class A misdemeanor or felony domestic violence offense, has had a court review the probable cause statement and determine that probable cause existed for the arrest, and is subject to a jail release agreement or a jail release court order;
• directs the Department of Public Safety to create a pamphlet detailing a domestic violence victim's rights to commit the perpetrator's firearm to a law enforcement agency under certain circumstances; and
• makes technical changes.

Every vote on this bill

Bill text

VOLUNTARY FIREARM SAFEKEEPING AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Paul A. Cutler
Senate Sponsor: 
Todd D. Weiler
LONG TITLE
General Description:
This bill addresses the voluntary commitment of a firearm in cases of domestic
violence.
Highlighted Provisions:
This bill:
▸ defines terms;
▸ prohibits a law enforcement agency that receives a firearm from the owner or the
owner's cohabitant for safekeeping from returning the firearm to the owner if the
owner:
• is a restricted person; or
• has been arrested and booked into jail on a class A misdemeanor or felony
domestic violence offense, has had a court review the probable cause statement
and determine that probable cause existed for the arrest, and is subject to a jail
release agreement or a jail release court order;
▸ directs the Department of Public Safety to create a pamphlet detailing a domestic
violence victim's rights to commit the perpetrator's firearm to a law enforcement
agency under certain circumstances; and
▸ makes technical changes. 
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
53-5c-102
, as last amended by Laws of Utah 2021, Chapter 166
53-5c-201
, as last amended by Laws of Utah 2021, Chapter 137
77-36-2.1
, as last amended by Laws of Utah 2020, Chapter 142
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
53-5c-102
 is amended to read:
53-5c-102.
Definitions.
As used in this [
part
] 
chapter
:
(1) "Bureau" means the Bureau of Criminal Identification created in Section
53-10-201
.
(2) "Cohabitant" means [
a person who is 21 years of age or older who resides in the
same residence as the other party.
] 
an individual who:
(a) is 18 years old or older;
(b) resides in the same home with another individual; and
(c) (i) is living as if a spouse of the individual;
(ii) is related by blood or marriage to the individual;
(iii) has one or more children in common with the individual; or
(iv) has an interest in the safety and well-being of the individual.
(3) "Domestic violence" means the same as that term is defined in Section 
77-36-1
.
[
(3)
] 
(4)
 "Firearm" means a pistol, revolver, shotgun, short barrel shotgun, rifle or short
barrel rifle, or a device that could be used as a dangerous weapon from which is expelled a
projectile by action of an explosive.
[
(4)
] 
(5)
 "Illegal firearm" means a firearm the ownership or possession of which is
prohibited under state or federal law.
(6) "Jail release agreement" means the same as that term is defined in Section
78B-7-801
.
(7) "Jail release court order" means the same as that term is defined in Section
78B-7-801
.
[
(5)
] 
(8)
 "Law enforcement agency" means a municipal or county police agency or an
officer of that agency.
[
(6)
] 
(9)
 "Owner cohabitant" means a cohabitant who [
owns, in whole or in part, a
firearm
]
:
(a) is 18 years old or older; and
(b) owns a firearm
.
[
(7)
] 
(10)
 "Public interest use" means:
(a) use by a government agency as determined by the legislative body of the agency's
jurisdiction; or
(b) donation to a bona fide charity.
Section 2. Section 
53-5c-201
 is amended to read:
53-5c-201.
Voluntary commitment of a firearm by cohabitant -- Law enforcement
to hold firearm.
[
(1) As used in this section:
]
[
(a) "Cohabitant" means any individual 18 years old or older residing in the home
who:
]
[
(i) is living as if a spouse of the owner cohabitant;
]
[
(ii) is related by blood or marriage to the owner cohabitant;
]
[
(iii) has one or more children in common with the owner cohabitant; or
]
[
(iv) has an interest in the safety and well-being of the owner cohabitant.
]
[
(b) "Owner cohabitant" means an individual:
]
[
(i) in relation to a cohabitant as described in Subsection (1)(a); and
]
[
(ii) who owns a firearm.
]
[
(2)
] 
(1)
 (a) A cohabitant or owner cohabitant may voluntarily commit a firearm to a
law enforcement agency or request that a law enforcement officer receive a firearm for
safekeeping if the owner cohabitant or cohabitant believes that the owner cohabitant or another
cohabitant with access to the firearm is an immediate threat to:
(i) [
himself or herself
] 
a cohabitant
;
(ii) the owner cohabitant; or
(iii) [
any other person
] 
another individual
.
(b) [
If
] 
Except as provided in Subsection (2), if
 the owner of a firearm requests return
of the firearm in person at the law enforcement agency's office, the law enforcement agency:
(i) may not hold the firearm under this section; and
(ii) shall return the firearm to the owner.
(2) A law enforcement agency may not return a firearm to an owner under Subsection
(1)(b) if the owner of the firearm:
(a) is a restricted person under Section 
76-10-503
; or
(b) (i) has been arrested and booked into a county jail on a class A misdemeanor or
felony domestic violence offense;
(ii) has had a court:
(A) review the probable cause statement detailing the incident leading to the owner's
arrest; and
(B) determine that probable cause existed for the arrest; and
(iii) is subject to a jail release agreement or a jail release court order arising out of the
domestic violence offense.
(3) Unless a firearm is an illegal firearm subject to Section 
53-5c-202
, a law
enforcement agency that receives a firearm in accordance with this chapter shall:
(a) record:
(i) the owner cohabitant's name, address, and phone number;
(ii) the firearm serial number and the make and model of each firearm committed; and
(iii) the date that the firearm was voluntarily committed;
(b) require the cohabitant to sign a document attesting that the cohabitant resides in the
home;
(c) hold the firearm in safe custody [
for
]
:
(i) for
days after the day on which the firearm is voluntarily committed
; or
(ii) (A) for an owner described in Subsection (2)(b), during the time the jail release
agreement or jail release court order is in effect; and
(B) for 60 days after the day on which the jail release agreement or jail release court
order expires
; and
(d) upon proof of identification, return the firearm to:
(i) (A) the owner cohabitant after the expiration of the 60-day period; or
(B) if the owner cohabitant requests return of the firearm before the expiration of the
60-day period, at the time of the request; or
(ii) an owner other than the owner cohabitant in accordance with Section 
53-5c-202
.
(4) The law enforcement agency shall hold the firearm for an additional 60 days:
(a) if the initial 60-day period expires; and
(b) the cohabitant or owner cohabitant requests that the law enforcement agency hold
the firearm for an additional 60 days.
(5) A law enforcement agency may not request or require that the owner cohabitant
provide the name or other information of the cohabitant who poses an immediate threat or any
other cohabitant.
(6) Notwithstanding an ordinance or policy to the contrary adopted in accordance with
Section 
63G-2-701
, a law enforcement agency shall destroy a record created under Subsection
(3), Subsection 
53-5c-202
(3)(b)(iii), or any other record created in the application of this
chapter immediately, if practicable, but no later than five days after immediately upon the:
(a) return of a firearm in accordance with Subsection (3)(d); or
(b) disposal of the firearm in accordance with Section 
53-5c-202
.
(7) Unless otherwise provided, the provisions of Title 77, Chapter 24a, Lost or Mislaid
Personal Property, do not apply to a firearm received by a law enforcement agency in
accordance with this chapter.
(8) A law enforcement agency shall adopt a policy for the safekeeping of a firearm held
in accordance with this chapter.
(9) The department shall create a pamphlet to be distributed by a law enforcement
officer under Section 
77-36-2.1
 that includes information about a cohabitant's or owner
cohabitant's ability to have the owner cohabitant's firearm committed to a law enforcement
agency for safekeeping in accordance with this section.
Section 3. Section 
77-36-2.1
 is amended to read:
77-36-2.1.
Duties of law enforcement officers -- Notice to victims.
(1) A law enforcement officer who responds to an allegation of domestic violence shall
use all reasonable means to protect the victim and prevent further violence, including:
(a) taking the action that, in the officer's discretion, is reasonably necessary to provide
for the safety of the victim and any family or household member;
(b) confiscating the weapon or weapons involved in the alleged domestic violence;
(c) making arrangements for the victim and any child to obtain emergency housing or
shelter;
(d) providing protection while the victim removes essential personal effects;
(e) arrange, facilitate, or provide for the victim and any child to obtain medical
treatment; [
and
]
(f) arrange, facilitate, or provide the victim with immediate and adequate notice of the
rights of victims and of the remedies and services available to victims of domestic violence, in
accordance with Subsection (2)[
.
]
; and
(g) providing the pamphlet created by the department under Section 
53-5c-201
 to the
victim if the allegation of domestic violence:
(i) includes a threat of violence as described in Section 
76-5-107
;
(ii) results, or would result, in the owner cohabitant becoming a restricted person under
Section 
76-10-503
; or
(iii) is accompanied by a completed lethality assessment that demonstrates the
cohabitant is at high risk of being further victimized.
(2) (a) A law enforcement officer shall give written notice to the victim in simple
language, describing the rights and remedies available under this chapter, Title 78B, Chapter 7,
Part 6, Cohabitant Abuse Protective Orders, and Title 78B, Chapter 7, Part 2, Child Protective
Orders.
(b) The written notice shall [
also
] include:
(i) a statement that the forms needed in order to obtain an order for protection are
available from the court clerk's office in the judicial district where the victim resides or is
temporarily domiciled;
(ii) a list of shelters, services, and resources available in the appropriate community,
together with telephone numbers, to assist the victim in accessing any needed assistance; and
(iii) the information required to be provided to both parties in accordance with 
Subsections 
78B-7-802
(8) and (9).
(3) If a weapon is confiscated under this section, the law enforcement agency shall
return the weapon to the individual from whom the weapon is confiscated if a domestic
violence protective order is not issued or once the domestic violence protective order is
terminated.