Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 461 Second Substitute (2023GS)

Sponsor

Rep. Gricius, S.

Final action

Governor Signed 3/20/2023

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• defines terms;
• provides when a firearm that was seized as part of a criminal offense at an airport may be returned to the firearm's owner;
• modifies the offense of possession of a dangerous weapon at an airport;
• restricts the ability of a prosecutor to seek the forfeiture of a firearm under certain circumstances; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

AIRPORT FIREARM POSSESSION AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Stephanie Gricius
Senate Sponsor: 
David P. Hinkins
LONG TITLE
General Description:
This bill concerns possession of a firearm at an airport.
Highlighted Provisions:
This bill:
▸ defines terms;
▸ provides when a firearm that was seized as part of a criminal offense at an airport
may be returned to the firearm's owner;
▸ modifies the offense of possession of a dangerous weapon at an airport;
▸ restricts the ability of a prosecutor to seek the forfeiture of a firearm under certain
circumstances; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
24-3-103
, as last amended by Laws of Utah 2021, Chapter 230
24-4-102
, as last amended by Laws of Utah 2022, Chapters 116, 274
76-10-529
, as last amended by Laws of Utah 2004, Chapter 169
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
24-3-103
 is amended to read:
24-3-103.
Disposition of property.
(1) 
(a)
 [
If
] 
Except as provided in Subsection (1)(b),
 a prosecuting attorney determines
that seized property no longer needs to be retained for court proceedings, the prosecuting
attorney may:
[
(a)
] 
(i)
 petition the court to apply the property that is money towards restitution, fines,
fees, or monetary judgments owed by the owner of the property;
[
(b)
] 
(ii)
 petition the court for an order transferring ownership of any weapons to the
agency with custody for the agency's use and disposal in accordance with Section 
24-3-103.5
, if
the owner:
[
(i)
] 
(A)
 is the individual who committed the offense for which the weapon was seized;
or
[
(ii)
] 
(B)
 may not lawfully possess the weapon; or
[
(c)
] 
(iii)
 notify the agency with custody of the property or contraband that:
[
(i)
] 
(A)
 the property may be returned to the rightful owner if the rightful owner may
lawfully possess the property; or
[
(ii)
] 
(B)
 the contraband may be disposed of or destroyed.
(b) If a prosecuting attorney determines that a firearm seized from an individual as a
result of an offense committed under Section 
76-10-529
 no longer needs to be retained for
court proceedings, the prosecuting attorney shall notify the agency with custody of the firearm
that the property shall be returned to the individual if the individual may lawfully possess the
firearm.
(2) The agency shall exercise due diligence in attempting to notify the rightful owner of
the property to advise the owner that the property is to be returned.
(3) (a) For a computer determined to be contraband, a court may order the reasonable
extraction and return of specifically described personal digital data to the rightful owner.
(b) The law enforcement agency shall determine a reasonable cost to extract the data.
(c) At the time of the request to extract the data, the owner of the computer shall pay
the agency the cost to extract the data.
(4) (a) Before an agency may release seized property to a person claiming ownership of
the property, the person shall establish in accordance with Subsection (4)(b) that the person:
(i) is the rightful owner; and
(ii) may lawfully possess the property.
(b) The person shall establish ownership under Subsection (4)(a) by providing to the
agency:
(i) identifying proof or documentation of ownership of the property; or
(ii) a notarized statement if proof or documentation is not available.
(5) (a) When seized property is returned to the owner, the owner shall sign a receipt
listing in detail the property that is returned.
(b) The agency shall:
(i) retain a copy of the receipt; and
(ii) provide a copy of the receipt to the owner.
(6) (a) Except as provided in Subsection (6)(b), if the agency is unable to locate the
rightful owner of the property or the rightful owner is not entitled to lawfully possess the
property, the agency may:
(i) apply the property to a public interest use;
(ii) sell the property at public auction and apply the proceeds of the sale to a public
interest use; or
(iii) destroy the property if the property is unfit for a public interest use or for sale.
(b) If the property described in Subsection (6)(a) is a firearm, the agency shall dispose
of the firearm in accordance with Section 
24-3-103.5
.
(7) Before applying the property or the proceeds from the sale of the property to a
public interest use, the agency shall obtain from the legislative body of the agency's
jurisdiction:
(a) permission to apply the property or the proceeds to public interest use; and
(b) the designation and approval of the public interest use of the property or the
proceeds.
(8) If a peace officer seizes property that at the time of seizure is held by a pawn or
secondhand business in the course of the pawn or secondhand business's business, the
provisions of Section 
13-32a-116
 shall apply to the disposition of the property.
Section 2. Section 
24-4-102
 is amended to read:
24-4-102.
Property subject to forfeiture.
(1) Except as provided in Subsection (2), (3), [
or
] (4), 
or (5),
 an agency may seek to
forfeit:
(a) seized property that was used to facilitate the commission of an offense that is a
violation of federal or state law; and
(b) seized proceeds.
(2) If seized property is used to facilitate an offense that is a violation of Section
76-10-1204
, 
76-10-1205
, 
76-10-1206
, or 
76-10-1222
, an agency may not forfeit the property if
the forfeiture would constitute a prior restraint on the exercise of an affected party's rights
under the First Amendment to the Constitution of the United States or Utah Constitution,
Article I, Section 15, or would otherwise unlawfully interfere with the exercise of the party's
rights under the First Amendment to the Constitution of the United States or Utah Constitution,
Article I, Section 15.
(3) If a motor vehicle is used in an offense that is a violation of Section 
41-6a-502
,
41-6a-517
, a local ordinance that complies with the requirements of Subsection 
41-6a-510
(1),
Subsection 
76-5-102.1
(2)(b), or Section 
76-5-207
, an agency may not seek forfeiture of the
motor vehicle, unless:
(a) the operator of the vehicle has previously been convicted of an offense committed
after May 12, 2009, that is:
(i) a felony driving under the influence violation under Section 
41-6a-502
 or
Subsection 
76-5-102.1
(2)(a);
(ii) a felony violation under Subsection 
76-5-102.1
(2)(b);
(iii) a violation under Section 
76-5-207
; or
(iv) operating a motor vehicle with any amount of a controlled substance in an
individual's body and causing serious bodily injury or death, as codified before May 4, 2022,
Laws of Utah 2021, Chapter 236, Section 1, Subsection 
58-37-8
(2)(g); or
(b) the operator of the vehicle was driving on a denied, suspended, revoked, or
disqualified license and:
(i) the denial, suspension, revocation, or disqualification under Subsection (3)(b)(ii)
was imposed because of a violation under:
(A) Section 
41-6a-502
;
(B) Section 
41-6a-517
;
(C) a local ordinance that complies with the requirements of Subsection 
41-6a-510
(1);
(D) Section 
41-6a-520
;
(E) operating a motor vehicle with any amount of a controlled substance in an
individual's body and causing serious bodily injury or death, as codified before May 4, 2022,
Laws of Utah 2021, Chapter 236, Section 1, Subsection 
58-37-8
(2)(g);
(F) Section 
76-5-102.1
;
(G) Section 
76-5-207
; or
(H) a criminal prohibition as a result of a plea bargain after having been originally
charged with violating one or more of the sections or ordinances described in Subsections
(3)(b)(i)(A) through (G); or
(ii) the denial, suspension, revocation, or disqualification described in Subsections
(3)(b)(i)(A) through (H):
(A) is an extension imposed under Subsection 
53-3-220
(2) of a denial, suspension,
revocation, or disqualification; and
(B) the original denial, suspension, revocation, or disqualification was imposed
because of a violation described in Subsections (3)(b)(i)(A) through (H).
(4) If a peace officer seizes property incident to an arrest solely for possession of a
controlled substance under Subsection 
58-37-8
(2)(a)(i) but not Subsection 
58-37-8
(2)(b)(i), an
agency may not seek to forfeit the property that was seized in accordance with the arrest.
(5) If a peace officer seizes an individual's firearm as the result of an offense under
Section 
76-10-529
, an agency may not seek to forfeit the individual's firearm if the individual
may lawfully possess the firearm.
Section 3. Section 
76-10-529
 is amended to read:
76-10-529.
Possession of dangerous weapons, firearms, or explosives in airport
secure areas prohibited -- Penalty.
(1) 
(a)
 As used in this section:
[
(a)
] 
(i)
 "Airport authority" has the same meaning as defined in Section 
72-10-102
.
[
(b) "Dangerous weapon" is the same as defined in Section 
76-10-501
.
]
[
(c)
] 
(ii)
 "Explosive" is the same as defined for "explosive, chemical, or incendiary
device" in Section 
76-10-306
.
(iii) "Law enforcement officer" means the same as that term is defined in Section
53-13-103
.
[
(d) "Firearm" is the same as defined in Section 
76-10-501
.
]
(b) Terms defined in Sections 
76-1-101.5
 and 
76-10-501
 apply to this section.
(2) (a) Within a secure area of an airport established pursuant to this section, a person,
including a person licensed to carry a concealed firearm under Title 53, Chapter 5, Part 7,
Concealed Firearm Act, is guilty of:
(i) a class A misdemeanor if the person knowingly or intentionally possesses any
dangerous weapon or firearm;
(ii) an infraction if the person recklessly [
or with criminal negligence
] possesses any
dangerous weapon or firearm; or
(iii) a violation of Section 
76-10-306
 if the person transports, possesses, distributes, or
sells any explosive, chemical, or incendiary device.
(b) Subsection (2)(a) does not apply to:
(i) persons exempted under Section 
76-10-523
; and
(ii) members of the state or federal military forces while engaged in the performance of
their official duties.
(3) An airport authority, county, or municipality regulating the airport may:
(a) establish any secure area located beyond the main area where the public generally
buys tickets, checks and retrieves luggage; and
(b) use reasonable means, including mechanical, electronic, x-ray, or any other device,
to detect dangerous weapons, firearms, or explosives concealed in baggage or upon the person
of any individual attempting to enter the secure area.
(4) At least one notice shall be prominently displayed at each entrance to a secure area
in which a dangerous weapon, firearm, or explosive is restricted.
(5) Upon the discovery of any dangerous weapon, firearm, or explosive, the airport
authority, county, or municipality, the employees, or other personnel administering the secure
area may:
(a) require the individual to deliver the item to the air freight office or airline ticket
counter;
(b) require the individual to exit the secure area; or
(c) obtain possession or retain custody of the item until it is transferred to law
enforcement officers.
(6) (a) An individual who is prosecuted for a violation of this section based on the
possession of a firearm shall have the individual's firearm returned to the individual in
accordance with Subsection 
24-3-103
(1)(b) if the individual may lawfully possess the firearm.
(b) In accordance with Subsection 
24-4-102
(5), a firearm seized under this section is
not subject to forfeiture if the charged individual may lawfully possess the firearm.
(c) In a prosecution brought under this section, a prosecutor may not condition a plea
on the forfeiture of a firearm.