Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 485 First Substitute (2023GS)

Sponsor

Rep. Stoddard, A.

Final action

Governor Signed 3/14/2023

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• defines terms;
• amends provisions relating to firearm notifications for an individual who becomes a restricted person as a result of certain types of protective orders; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

RESTRICTED PERSONS AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Andrew Stoddard
Senate Sponsor: 
____________
LONG TITLE
General Description:
This bill concerns notification procedures for an individual who becomes a restricted
person.
Highlighted Provisions:
This bill:
▸ defines terms;
▸ amends provisions relating to firearm notifications for an individual who becomes a
restricted person as a result of certain types of protective orders; and
▸ makes technical and conforming changes. 
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
76-10-503.1
, as enacted by Laws of Utah 2021, Chapter 107
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
76-10-503.1
 is amended to read:
76-10-503.1.
Firearm restriction notification requirement.
(1) As used in this section:
(a) 
"Possess" or "possession" means actual physical possession, actual or purported
ownership, or exercising control of an item.
(b)
 "Restricted person" means an individual who is restricted from possessing,
purchasing, transferring, or owning a firearm under Section 
76-10-503
.
[
(b) "Possess" or "possession" means actual physical possession, actual or purported
ownership, or exercising control of an item.
]
(2) A defendant intending to plead guilty or no contest to a criminal charge that will,
upon conviction, cause the defendant to become a restricted person shall, before entering a plea
before a court, sign an acknowledgment that states:
(a) the defendant's attorney or the prosecuting attorney has informed the defendant:
(i) that conviction of the charge will classify the defendant as a restricted person;
(ii) that a restricted person may not possess a firearm; and
(iii) of the criminal penalties associated with possession of a firearm by a restricted
person of the same category the defendant will become upon entering a plea for the criminal
charge; and
(b) the defendant acknowledges and understands that, by pleading guilty or no contest
to the criminal charge, the defendant:
(i) will be a restricted person;
(ii) upon conviction, shall forfeit possession of each firearm currently possessed by the
defendant; and
(iii) will be in violation of federal and state law if the defendant possesses a firearm.
(3) The prosecuting attorney or the defendant's attorney shall provide the
acknowledgment described in Subsection (2) to the court before the defendant's entry of a plea,
if the defendant pleads guilty or no contest.
(4) A defendant who is convicted by trial of a criminal charge resulting in the
defendant becoming a restricted person shall, at the time of sentencing:
(a) be verbally informed by the court, prosecuting attorney, or defendant's attorney:
(i) that the defendant is a restricted person;
(ii) that, as a restricted person, the defendant may not possess a firearm; and
(iii) of the criminal penalties associated with possession of a firearm by a restricted
person of the defendant's category; and
(b) sign an acknowledgment in the presence of the court attesting that the defendant
acknowledges and understands that the defendant:
(i) is a restricted person;
(ii) shall forfeit possession of each firearm; and
(iii) will be in violation of federal and state law if the defendant possesses a firearm.
(5) The prosecuting attorney and the defendant's attorney shall inform the court at the
preliminary hearing if a charge filed against the defendant would qualify the defendant as a
restricted person if the defendant is convicted of the charge.
(6) The failure to inform or obtain a signed acknowledgment from the defendant may
not render the plea invalid, form the basis for withdrawal of the plea, or create a basis to
challenge a conviction or sentence.
(7) An individual who becomes a restricted person as a result of being served with a
pretrial protective order in accordance with Section 
78B-7-803
, a sentencing protective order in
accordance with Section 
77-36-5
, or a continuous protective order in accordance with Section
77-36-5
, shall, at the time of service of the protective order:
(a) be verbally informed by the court, prosecuting attorney, defendant's attorney, or the
individual serving the protective order:
(i) that the individual is a restricted person;
(ii) that, as a restricted person, the individual may not possess a firearm; and
(iii) of the criminal penalties associated with possession of a firearm by a restricted
person of the individual's category; and
(b) sign, in the presence of the court or the individual serving the protective order, an
acknowledgment contained within the protective order document attesting that the individual
acknowledges and understands that the individual:
(i) is a restricted person;
(ii) shall relinquish possession of each firearm; and
(iii) will be in violation of federal and state law if the individual possess a firearm.