Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 223 First Substitute (2024GS)

Sponsor

Rep. Gricius, S.

Final action

Governor Signed 3/18/2024

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• establishes, with a sunset date, law enforcement reporting requirements concerning the possession of certain types of dangerous weapons in a secure area of an airport;
• requires the State Commission on Criminal and Juvenile Justice to receive, compile, and publish data concerning offenses involving the possession of a dangerous weapon in a secure area of an airport;
• adds criminal negligence as a culpable mental state for the possession of a dangerous weapon in a secure area of an airport;
• provides limitations on the punishment for certain violations resulting from the possession of a dangerous weapon in a secure area of an airport;
• provides, under certain circumstances, that an actor in possession of a dangerous weapon in a secure area of the airport may return to a non-secure area of the airport with the dangerous weapon or may check the dangerous weapon into the custody of the law enforcement agency to be retrieved at a later date;
• requires a law enforcement agency to take certain actions regarding the retrieval of a dangerous weapon;
• provides limitations on certain local entities regarding criminal prosecution, civil remedies, or other actions resulting from the possession of certain items at an airport; and
• provides technical and conforming changes.

Every vote on this bill

Bill text

AIRPORT WEAPON POSSESSION AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Stephanie Gricius
Senate Sponsor: 
 David P. Hinkins
LONG TITLE
General Description:
This bill concerns weapon possession at an airport.
Highlighted Provisions:
This bill:
▸ establishes, with a sunset date, law enforcement reporting requirements concerning
the possession of certain types of dangerous weapons in a secure area of an airport;
▸ requires the State Commission on Criminal and Juvenile Justice to receive, compile,
and publish data concerning offenses involving the possession of a dangerous
weapon in a secure area of an airport;
▸ adds criminal negligence as a culpable mental state for the possession of a
dangerous weapon in a secure area of an airport;
▸ provides limitations on the punishment for certain violations resulting from the
possession of a dangerous weapon in a secure area of an airport;
▸ provides, under certain circumstances, that an actor in possession of a dangerous
weapon in a secure area of the airport may return to a non-secure area of the airport
with the dangerous weapon or may check the dangerous weapon into the custody of
the law enforcement agency to be retrieved at a later date;
▸ requires a law enforcement agency to take certain actions regarding the retrieval of a
dangerous weapon;
▸ provides limitations on certain local entities regarding criminal prosecution, civil
remedies, or other actions resulting from the possession of certain items at an airport; and
▸ provides technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a special effective date.
Utah Code Sections Affected:
AMENDS:
63I-2-253
 (Superseded 07/01/24)
, as last amended by Laws of Utah 2023, Chapters 7,
21, 33, 142, 167, 168, 380, 383, and 467
63I-2-253
 (Effective 07/01/24)
, as last amended by Laws of Utah 2023, Chapters 7, 21,
33, 142, 167, 168, 310, 380, 383, and 467
63I-2-276
, as last amended by Laws of Utah 2023, Chapter 301
76-10-529
, as last amended by Laws of Utah 2023, Chapter 422
ENACTS:
53-25-102
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
53-25-102
 is enacted to read:
 53-25-102.
Airport dangerous weapon possession reporting requirements.
(1) As used in this section, "commission" means the State Commission on Criminal
and Juvenile Justice created in Section 
63M-7-201
.
(2) Beginning on January 1, 2026, a law enforcement agency having law enforcement
jurisdiction over an airport shall annually, on or before April 30, submit a report to the
commission detailing:
(a) for an offense described in Subsection 
76-10-529
(2)(a)(i):
(i) the number of issued written warnings;
(ii) the number of issued citations;
(iii) the number of referrals to a detective; and
(iv) the number of referrals to a prosecutor; and
(b) for an offense described in Subsection 
76-10-529
(2)(a)(ii):
(i) the number of issued written warnings; and
(ii) if applicable, the number of issued citations, including the number of individuals
who have received more than one citation for the offense.
(3) The commission shall:
(a) develop a standardized format for reporting the data described in Subsection (2);
(b) compile the data submitted under Subsection (2); and
(c) annually on or before August 1, publish a report of the data described in Subsection
(2) on the commission's website.
Section 2. Section 
63I-2-253 (Superseded 07/01/24)
 is amended to read:
63I-2-253 (Superseded 07/01/24).
Repeal dates: Titles 53 through 53G.
(1) Section 
53-1-118
 is repealed on July 1, 2024.
(2) Section 
53-1-120
 is repealed on July 1, 2024.
(3) Section 
53-7-109
 is repealed on July 1, 2024.
(4) Section 
53-22-104
 is repealed December 31, 2023.
(5) Section 
53-25-102
 is repealed on December 31, 2031.
[
(5)
] 
(6)
 Section 
53B-6-105.7
 is repealed July 1, 2024.
[
(6)
] 
(7)
 Section 
53B-7-707
 regarding performance metrics for technical colleges is
repealed July 1, 2023.
[
(7)
] 
(8)
 Section 
53B-8-114
 is repealed July 1, 2024.
[
(8)
] 
(9)
 The following provisions, regarding the Regents' scholarship program, are
repealed on July 1, 2023:
(a) in Subsection 
53B-8-105
(12), the language that states, "or any scholarship
established under Sections 
53B-8-202
 through 
53B-8-205
";
(b) Section 
53B-8-202
;
(c) Section 
53B-8-203
;
(d) Section 
53B-8-204
; and
(e) Section 
53B-8-205
.
[
(9)
] 
(10)
 Section 
53B-10-101
 is repealed on July 1, 2027.
[
(10)
] 
(11)
 Subsection 
53E-1-201
(1)(s) regarding the report by the Educational
Interpretation and Translation Services Procurement Advisory Council is repealed July 1, 2024.
[
(11)
] 
(12)
 Section 
53E-1-202.2
, regarding a Public Education Appropriations
Subcommittee evaluation and recommendations, is repealed January 1, 2024.
[
(12)
] 
(13)
 Section 
53F-2-209
, regarding local education agency budgetary flexibility,
is repealed July 1, 2024.
[
(13)
] 
(14)
 Subsection 
53F-2-314
(4), relating to a one-time expenditure between the
at-risk WPU add-on funding and previous at-risk funding, is repealed January 1, 2024.
[
(14)
] 
(15)
 Section 
53F-2-524
, regarding teacher bonuses for extra work assignments,
is repealed July 1, 2024.
[
(15)
] 
(16)
 Section 
53F-5-221
, regarding a management of energy and water pilot
program, is repealed July 1, 2028.
[
(16)
] 
(17)
 Section 
53F-9-401
 is repealed on July 1, 2024.
[
(17)
] 
(18)
 Section 
53F-9-403
 is repealed on July 1, 2024.
[
(18)
] 
(19)
 On July 1, 2023, when making changes in this section, the Office of
Legislative Research and General Counsel shall, in addition to the office's authority under
Section 
36-12-12
, make corrections necessary to ensure that sections and subsections identified
in this section are complete sentences and accurately reflect the office's perception of the
Legislature's intent.
Section 3. Section 
63I-2-253 (Effective 07/01/24)
 is amended to read:
63I-2-253 (Effective 07/01/24).
Repeal dates: Titles 53 through 53G.
(1) Subsection 
53-1-104
(1)(b), regarding the Air Ambulance Committee, is repealed
July 1, 2024.
(2) Section 
53-1-118
 is repealed on July 1, 2024.
(3) Section 
53-1-120
 is repealed on July 1, 2024.
(4) Section 
53-2d-107
, regarding the Air Ambulance Committee, is repealed July 1,
2024.
(5) In relation to the Air Ambulance Committee, on July 1, 2024, Subsection
53-2d-702
(1)(a) is amended to read:
"(a) provide the patient or the patient's representative with the following information
before contacting an air medical transport provider:
(i) which health insurers in the state the air medical transport provider contracts with;
(ii) if sufficient data is available, the average charge for air medical transport services
for a patient who is uninsured or out of network; and
(iii) whether the air medical transport provider balance bills a patient for any charge not
paid by the patient's health insurer; and".
(6) Section 
53-7-109
 is repealed on July 1, 2024.
(7) Section 
53-22-104
 is repealed December 31, 2023.
(8) Section 
53-25-102
 is repealed on December 31, 2031.
[
(8)
] 
(9)
 Section 
53B-6-105.7
 is repealed July 1, 2024.
[
(9)
] 
(10)
 Section 
53B-7-707
 regarding performance metrics for technical colleges is
repealed July 1, 2023.
[
(10)
] 
(11)
 Section 
53B-8-114
 is repealed July 1, 2024.
[
(11)
] 
(12)
 The following provisions, regarding the Regents' scholarship program, are
repealed on July 1, 2023:
(a) in Subsection 
53B-8-105
(12), the language that states, "or any scholarship
established under Sections 
53B-8-202
 through 
53B-8-205
";
(b) Section 
53B-8-202
;
(c) Section 
53B-8-203
;
(d) Section 
53B-8-204
; and
(e) Section 
53B-8-205
.
[
(12)
] 
(13)
 Section 
53B-10-101
 is repealed on July 1, 2027.
[
(13)
] 
(14)
 Subsection 
53E-1-201
(1)(s) regarding the report by the Educational
Interpretation and Translation Services Procurement Advisory Council is repealed July 1, 2024.
[
(14)
] 
(15)
 Section 
53E-1-202.2
, regarding a Public Education Appropriations
Subcommittee evaluation and recommendations, is repealed January 1, 2024.
[
(15)
] 
(16)
 Section 
53F-2-209
, regarding local education agency budgetary flexibility,
is repealed July 1, 2024.
[
(16)
] 
(17)
 Subsection 
53F-2-314
(4), relating to a one-time expenditure between the
at-risk WPU add-on funding and previous at-risk funding, is repealed January 1, 2024.
[
(17)
] 
(18)
 Section 
53F-2-524
, regarding teacher bonuses for extra work assignments,
is repealed July 1, 2024.
[
(18)
] 
(19)
 Section 
53F-5-221
, regarding a management of energy and water pilot
program, is repealed July 1, 2028.
[
(19)
] 
(20)
 Section 
53F-9-401
 is repealed on July 1, 2024.
[
(20)
] 
(21)
 Section 
53F-9-403
 is repealed on July 1, 2024.
[
(21)
] 
(22)
 On July 1, 2023, when making changes in this section, the Office of
Legislative Research and General Counsel shall, in addition to the office's authority under
Section 
36-12-12
, make corrections necessary to ensure that sections and subsections identified
in this section are complete sentences and accurately reflect the office's perception of the
Legislature's intent.
Section 4. Section 
63I-2-276
 is amended to read:
63I-2-276.
Repeal dates: Title 76.
(1) Subsection 
76-5-102.7
(2)(b), regarding assault or threat of violence against an
owner, employee, or contractor of a health facility, is repealed January 1, 2027.
(2) Section 
76-7-305.7
 is repealed January 1, 2023.
(3) Subsection 
76-10-529
(10), regarding data collection requirements, is repealed on
December 31, 2031.
Section 5. Section 
76-10-529
 is amended to read:
76-10-529.
Possession of firearms, other dangerous weapons, or explosives in
airport secure areas prohibited -- Punishment limitations -- Reporting requirement.
(1) (a) As used in this section:
(i) "Airport authority" has the same meaning as defined in Section 
72-10-102
.
(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
.
(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
]
an actor
, including [
a person
] 
an actor
 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
] 
actor
 knowingly or intentionally possesses
[
any dangerous weapon or
] 
a
 firearm 
or other dangerous weapon
;
(ii) 
subject to Subsection (6),
 an infraction if the [
person
] 
actor
 recklessly 
or with
criminal negligence
 possesses [
any dangerous weapon or
] 
a
 firearm 
or other dangerous
weapon
; or
(iii) a violation of Section 
76-10-306
 if the [
person
] 
actor
 transports, possesses,
distributes, or sells [
any
] 
an
 explosive, chemical, or incendiary device.
(b) Subsection (2)(a) does not apply to:
(i) [
persons
] 
individuals
 exempted under Section 
76-10-523
; and
(ii) [
members
] 
a member
 of the state or federal military forces while engaged in the
performance of [
their
] 
the member's
 official duties.
(3) An airport authority, county, [
or
] municipality
, or other entity
 regulating [
the
] 
an
airport may:
(a) establish [
any
] 
a
 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
]
another
 device, to detect [
dangerous weapons,
] firearms, 
other dangerous weapons,
 or
explosives concealed in baggage or upon the person of [
any
] 
an
 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, 
other dangerous weapon,
 or explosive is restricted.
(5) [
Upon
] 
In accordance with Subsection (7), upon
 the discovery of [
any dangerous
weapon,
] 
a
 firearm, 
other dangerous weapon,
 or explosive, the airport authority, county, [
or
]
municipality, 
or other entity regulating the airport, or
 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
] 
the item
 is transferred to
law enforcement officers.
(6) (a) An actor who violates Subsection (2)(a)(ii) on a first offense may receive a
written warning for the offense and may not receive a citation or any other form of punishment.
(b) An actor who violates Subsection (2)(a)(ii) on a second or subsequent offense may
receive a written warning or a citation.
(7) (a) If a law enforcement officer issues a citation to an actor for an infraction as a
result of the actor's conduct described in Subsection (2)(a)(ii), or provides an oral or written
warning for that conduct, the law enforcement officer shall:
(i) if the law enforcement officer is able to confirm that the actor may lawfully possess
the firearm or other dangerous weapon, allow the actor, at the actor's option, to:
(A) check the firearm or other dangerous weapon into the custody of the law
enforcement agency so that the firearm or other dangerous weapon may be retrieved by the
actor at a later date; or
(B) exit the secure area of the airport with the firearm or other dangerous weapon; or
(ii) if the law enforcement officer is unable to confirm that the actor may lawfully
possess the firearm or other dangerous weapon, check the firearm or other dangerous weapon
into the custody of the law enforcement agency so that the firearm or other dangerous weapon
may be retrieved by the actor at a later date if legally permitted to do so.
(b) If a law enforcement officer checks a firearm or other dangerous weapon into the
custody of a law enforcement agency under Subsection (7)(a):
(i) at the time the firearm or other dangerous weapon is obtained from the actor, the
law enforcement officer, or another law enforcement officer, or an employee who works in the
secure area of the airport, shall provide the actor with written instructions on how, when, and
where the actor may retrieve the actor's firearm or other dangerous weapon; and
(ii) within 72 hours from the time when the law enforcement officer receives the
firearm or other dangerous weapon, the law enforcement agency shall determine whether the
actor is legally permitted to possess the firearm or other dangerous weapon, and if so, ensure
that the firearm or other dangerous weapon is available for the actor to retrieve.
[
(6)
] 
(8)
 (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 
77-11a-402
(1)(b) if the individual may lawfully possess the
firearm.
(b) In accordance with Subsection 
77-11b-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.
(9) An airport authority, county, municipality, or other entity regulating an airport or
with local jurisdiction over an airport may not:
(a) charge, cite, or prosecute an actor with a different offense under the Utah Code,
local ordinance, or another state or local law or regulation for conduct described in Subsection
(2)(a)(ii);
(b) assess a civil penalty for conduct described in Subsection (2)(a)(i) or (ii); or
(c) enact a regulation, ordinance, or law covering conduct described in Subsection (2).
(10) A law enforcement agency that issues a written warning, citation, or referral for
prosecution under this section shall record and report the information as required under Section
53-25-102
.
Section 6. 
Effective date.
(1) Except as provided in Subsection (2), this bill takes effect on May 1, 2024.
(2) The actions affecting Section 
63I-2-253
 (Effective 07/01/24) take effect on July 1,
2024.