Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 166 (2024GS)

Sponsor

Rep. Judkins, M.

Final action

House/ filed 3/1/2024

Outcome

Failed / filed without passage

Summary

What it does

• This bill:
• changes an alien illegally or unlawfully in the United States from a Category I restricted person to a Category II restricted person;
• changes the following individual from a Category II restricted person to a Category I restricted person:
• an individual with a protective order for domestic violence; and
• an individual with a qualifying domestic violence conviction; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

RESTRICTED PERSONS AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Marsha Judkins
Senate Sponsor: 
 Stephanie Pitcher
LONG TITLE
General Description:
This bill amends the definition of restricted person.
Highlighted Provisions:
This bill:
▸ changes an alien illegally or unlawfully in the United States from a Category I
restricted person to a Category II restricted person;
▸ changes the following individual from a Category II restricted person to a Category I
restricted person:
• an individual with a protective order for domestic violence; and
• an individual with a qualifying domestic violence conviction; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
53-10-208.1
, as last amended by Laws of Utah 2023, Chapters 184, 328 and 397
76-10-503
, as last amended by Laws of Utah 2023, First Special Session, Chapter 2
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
53-10-208.1
 is amended to read:
53-10-208.1.
Magistrates and court clerks to supply information.
(1) Every magistrate or clerk of a court responsible for court records in this state shall,
within 30 days after the day of the disposition and on forms and in the manner provided by the
division, furnish the division with information pertaining to:
(a) all dispositions of criminal matters, including:
(i) guilty pleas;
(ii) convictions;
(iii) dismissals;
(iv) acquittals;
(v) pleas in abeyance;
(vi) judgments of not guilty by reason of insanity;
(vii) judgments of guilty with a mental condition;
(viii) finding of mental incompetence to stand trial; and
(ix) probations granted;
(b) orders of civil commitment under the terms of Section 
26B-5-332
;
(c) the issuance, recall, cancellation, or modification of all warrants of arrest or
commitment as described in Rule 6, Utah Rules of Criminal Procedure and Section 
78B-6-303
,
within one day of the action and in a manner provided by the division; and
(d) protective orders issued after notice and hearing, pursuant to:
(i) Title 77, Chapter 36, Cohabitant Abuse Procedures Act;
(ii) Title 78B, Chapter 7, Part 4, Dating Violence Protective Orders;
(iii) Title 78B, Chapter 7, Part 5, Sexual Violence Protective Orders;
(iv) Title 78B, Chapter 7, Part 6, Cohabitant Abuse Protective Orders; or
(v) Title 78B, Chapter 7, Part 8, Criminal Protective Orders.
(2) When transmitting information on a criminal matter under Subsection (1)(a)(i), (ii),
(v), or (vii) for a conviction of misdemeanor assault under Section 
76-5-102
, the magistrate or
clerk of a court shall include available information regarding whether the conviction for assault
resulted from an assault against an individual:
(a) who is included in at least one of the relationship categories described in
Subsection [
76-10-503
(1)(b)(xi)
] 
76-10-503
(1)(a)(vii)
; or
(b) with whom none of the relationships described in Subsection [
76-10-503
(1)(b)(xi)
]
76-10-503
(1)(a)(vii)
 apply.
(3) The court in the county where a determination or finding was made shall transmit a
record of the determination or finding to the bureau no later than 48 hours after the
determination is made, excluding Saturdays, Sundays, and legal holidays, if an individual is:
(a) adjudicated as a mental defective; or
(b) involuntarily committed to a mental institution in accordance with Subsection
26B-5-332
(16).
(4) The record described in Subsection (3) shall include:
(a) an agency record identifier;
(b) the individual's name, sex, race, and date of birth; and
(c) the individual's social security number, government issued driver license or
identification number, alien registration number, government passport number, state
identification number, or FBI number.
Section 2. Section 
76-10-503
 is amended to read:
76-10-503.
Restrictions on possession, purchase, transfer, and ownership of
dangerous weapons by certain persons -- Exceptions.
(1) For purposes of this section:
(a) A Category I restricted person is a person who:
(i) has been convicted of
:
(A)
 a violent felony; 
or
(B) a domestic violence offense that is a felony;
(ii) is on probation or parole for a felony;
(iii) is on parole from secure care, as defined in Section 
80-1-102
;
(iv) within the last 10 years has been adjudicated under Section 
80-6-701
 for an offense
which if committed by an adult would have been a violent felony as defined in Section
76-3-203.5
;
[
(v) is an alien who is illegally or unlawfully in the United States; or
]
[
(vi)
] 
(v)
 is on probation for a conviction of possessing:
(A) a substance classified in Section 
58-37-4
 as a Schedule I or II controlled substance;
(B) a controlled substance analog; or
(C) a substance listed in Section 
58-37-4.2
[
.
]
;
(vi) is a respondent or defendant subject to a protective order or child protective order
that:
(A) is issued after a hearing for which the respondent or defendant received actual
notice and at which the respondent or defendant has an opportunity to participate;
(B) restrains the respondent or defendant from harassing, stalking, threatening, or
engaging in other conduct that would place an intimate partner, as defined in 18 U.S.C. Sec.
921, or a child of the intimate partner, in reasonable fear of bodily injury to the intimate partner
or child of the intimate partner; and
(C) includes a finding that the respondent or defendant represents a credible threat to
the physical safety of an intimate partner or a child of the intimate partner, or a finding that
explicitly prohibits the use, attempted use, or threatened use of physical force that would
reasonably be expected to cause bodily harm against an intimate partner or a child of the
intimate partner; or
(vii) except as provided in Subsection (1)(d), has been convicted of the commission or
attempted commission of misdemeanor assault under Section 
76-5-102
 or aggravated assault
under Section 
76-5-103
 against an individual:
(A) who is a current or former spouse, parent, or guardian;
(B) with whom the restricted person shares a child in common;
(C) who is cohabitating or has cohabitated with the restricted person as a spouse,
parent, or guardian;
(D) involved in a dating relationship with the restricted person within the last five
years; or
(E) similarly situated to a spouse, parent, or guardian of the restricted person.
(b) A Category II restricted person is a person who:
(i) has been convicted of:
[
(A) a domestic violence offense that is a felony;
]
[
(B)
] 
(A)
 a felony that is not a domestic violence offense or a violent felony and within
seven years after completing the sentence for the conviction, has been convicted of or charged
with another felony or class A misdemeanor;
[
(C)
] 
(B)
 multiple felonies that are part of a single criminal episode and are not
domestic violence offenses or violent felonies and within seven years after completing the
sentence for the convictions, has been convicted of or charged with another felony or class A
misdemeanor; or
[
(D)
] 
(C)
 multiple felonies that are not part of a single criminal episode;
(ii) (A) within the last seven years has completed a sentence for:
(I) a conviction for a felony that is not a domestic violence offense or a violent felony;
or
(II) convictions for multiple felonies that are part of a single criminal episode and are
not domestic violence offenses or violent felonies; and
(B) within the last seven years and after the completion of a sentence for a conviction
described in Subsection (1)(b)(ii)(A), has not been convicted of or charged with another felony
or class A misdemeanor;
(iii) within the last seven years has been adjudicated delinquent for an offense which if
committed by an adult would have been a felony;
(iv) is an unlawful user of a controlled substance as defined in Section 
58-37-2
;
(v) is in possession of a dangerous weapon and is knowingly and intentionally in
unlawful possession of a Schedule I or II controlled substance as defined in Section 
58-37-2
;
(vi) has been found not guilty by reason of insanity for a felony offense;
(vii) has been found mentally incompetent to stand trial for a felony offense;
(viii) has been adjudicated as mentally defective as provided in the Brady Handgun
Violence Prevention Act, Pub. L. No. 103-159, 107 Stat. 1536 (1993), or has been committed
to a mental institution;
(ix) has been dishonorably discharged from the armed forces;
(x) has renounced the individual's citizenship after having been a citizen of the United
States; 
or
[
(xi) is a respondent or defendant subject to a protective order or child protective order
that is issued after a hearing for which the respondent or defendant received actual notice and at
which the respondent or defendant has an opportunity to participate, that restrains the
respondent or defendant from harassing, stalking, threatening, or engaging in other conduct that
would place an intimate partner, as defined in 18 U.S.C. Sec. 921, or a child of the intimate
partner, in reasonable fear of bodily injury to the intimate partner or child of the intimate
partner, and that:
]
[
(A) includes a finding that the respondent or defendant represents a credible threat to
the physical safety of an individual who meets the definition of an intimate partner in 18 U.S.C.
Sec. 921 or the child of the individual; or
]
[
(B) explicitly prohibits the use, attempted use, or threatened use of physical force that
would reasonably be expected to cause bodily harm against an intimate partner or the child of
an intimate partner; or
]
[
(xii) except as provided in Subsection (1)(d), has been convicted of the commission or
attempted commission of misdemeanor assault under Section 
76-5-102
 or aggravated assault
under Section 
76-5-103
 against an individual:
]
[
(A) who is a current or former spouse, parent, or guardian;
]
[
(B) with whom the restricted person shares a child in common;
]
[
(C) who is cohabitating or has cohabitated with the restricted person as a spouse,
parent, or guardian;
]
[
(D) involved in a dating relationship with the restricted person within the last five
years; or
]
[
(E) similarly situated to a spouse, parent, or guardian of the restricted person.
]
(xi) is an alien who is illegally or unlawfully in the United States.
(c) (i) [
As used in this section, a
] 
A
 conviction of a felony or adjudication of
delinquency for an offense which would be a felony if committed by an adult does not include:
(A) a conviction or an adjudication under Section 
80-6-701
 for an offense pertaining to
antitrust violations, unfair trade practices, restraint of trade, or other similar offenses relating to
the regulation of business practices not involving theft or fraud; or
(B) a conviction or an adjudication under Section 
80-6-701
 which, in accordance with
the law of the jurisdiction in which the conviction or adjudication occurred, has been
expunged, set aside, reduced to a misdemeanor by court order, pardoned or regarding which the
person's civil rights have been restored unless the pardon, reduction, expungement, or
restoration of civil rights expressly provides that the person may not ship, transport, possess, or
receive firearms.
(ii) [
As used in this section, a
] 
A
 conviction for misdemeanor assault under Subsection
[
(1)(b)(xii)
] 
(1)(a)(vii)
, does not include a conviction which, in accordance with the law of the
jurisdiction in which the conviction occurred, has been expunged, set aside, reduced to an
infraction by court order, pardoned, or regarding which the person's civil rights have been
restored, unless the pardon, reduction, expungement, or restoration of civil rights expressly
provides that the person may not ship, transport, possess, or receive firearms.
(iii) It is the burden of the defendant in a criminal case to provide evidence that a
conviction or an adjudication under Section 
80-6-701
 is subject to an exception provided in
this Subsection (1)(c), after which it is the burden of the state to prove beyond a reasonable
doubt that the conviction or the adjudication is not subject to that exception.
(d) A person is not a restricted person for a conviction under Subsection
[
(1)(b)(xii)(D)
] 
(1)(a)(vii)(D)
 if:
(i) five years have elapsed from the later of:
(A) the day on which the conviction is entered;
(B) the day on which the person is released from incarceration following the
conviction; or
(C) the day on which the person's probation for the conviction is successfully
terminated;
(ii) the person only has a single conviction for misdemeanor assault as described in
Subsection [
(1)(b)(xii)(D)
] 
(1)(a)(vii)(D)
; and
(iii) the person is not otherwise a restricted person under Subsection (1)(a) or (b).
(2) A Category I restricted person who intentionally or knowingly agrees, consents,
offers, or arranges to purchase, transfer, possess, use, or have under the person's custody or
control, or who intentionally or knowingly purchases, transfers, possesses, uses, or has under
the person's custody or control:
(a) a firearm is guilty of a second degree felony; or
(b) a dangerous weapon other than a firearm is guilty of a third degree felony.
(3) A Category II restricted person who intentionally or knowingly purchases, transfers,
possesses, uses, or has under the person's custody or control:
(a) a firearm is guilty of a third degree felony; or
(b) a dangerous weapon other than a firearm is guilty of a class A misdemeanor.
(4) A person may be subject to the restrictions of both categories at the same time.
(5) A Category I or Category II restricted person may not use an antique firearm for an
activity regulated under Title 23A, Wildlife Resources Act.
(6) If a higher penalty than is prescribed in this section is provided in another section
for one who purchases, transfers, possesses, uses, or has under this custody or control a
dangerous weapon, the penalties of that section control.
(7) It is an affirmative defense to a charge based on the definition in Subsection
(1)(b)(v) that the person was:
(a) in possession of a controlled substance pursuant to a lawful order of a practitioner
for use of a member of the person's household or for administration to an animal owned by the
person or a member of the person's household; or
(b) otherwise authorized by law to possess the substance.
(8) (a) It is an affirmative defense to transferring a firearm or other dangerous weapon
by a person restricted under Subsection (2) or (3) that the firearm or dangerous weapon:
(i) was possessed by the person or was under the person's custody or control before the
person became a restricted person;
(ii) was not used in or possessed during the commission of a crime or subject to
disposition under Section Title 77, Chapter 11a, Part 4, Disposal of Seized Property and
Contraband;
(iii) is not being held as evidence by a court or law enforcement agency;
(iv) was transferred to a person not legally prohibited from possessing the weapon; and
(v) unless a different time is ordered by the court, was transferred within 10 days of the
person becoming a restricted person.
(b) Subsection (8)(a) is not a defense to the use, purchase, or possession on the person
of a firearm or other dangerous weapon by a restricted person.
(9) (a) A person may not sell, transfer, or otherwise dispose of a firearm or dangerous
weapon to a person, knowing that the recipient is a person described in Subsection (1)(a) or (b).
(b) A person who violates Subsection (9)(a) when the recipient is:
(i) a person described in Subsection (1)(a) and the transaction involves a firearm, is
guilty of a second degree felony;
(ii) a person described in Subsection (1)(a) and the transaction involves a dangerous
weapon other than a firearm, and the transferor has knowledge that the recipient intends to use
the weapon for any unlawful purpose, is guilty of a third degree felony;
(iii) a person described in Subsection (1)(b) and the transaction involves a firearm, is
guilty of a third degree felony; or
(iv) a person described in Subsection (1)(b) and the transaction involves a dangerous
weapon other than a firearm, and the transferor has knowledge that the recipient intends to use
the weapon for an unlawful purpose, is guilty of a class A misdemeanor.
(10) (a) A person may not knowingly solicit, persuade, encourage or entice a dealer or
other person to sell, transfer or otherwise dispose of a firearm or dangerous weapon under
circumstances which the person knows would be a violation of the law.
(b) A person may not provide to a dealer or other person information that the person
knows to be materially false information with intent to deceive the dealer or other person about
the legality of a sale, transfer or other disposition of a firearm or dangerous weapon.
(c) "Materially false information" means information that portrays an illegal transaction
as legal or a legal transaction as illegal.
(d) A person who violates this Subsection (10) is guilty of:
(i) a third degree felony if the transaction involved a firearm; or
(ii) a class A misdemeanor if the transaction involved a dangerous weapon other than a
firearm.
Section 3. 
Effective date.
This bill takes effect on May 1, 2024.