Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 255 (2024GS)

Sponsor

Sen. Cullimore, K. A.

Final action

Governor Signed 3/13/2024

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• clarifies that an immediate family member is not a long-term guest; and
• addresses resolution of the circumstance in which one party attempts to remove a long-term guest and another party gives express permission for the long-term guest to stay.

Every vote on this bill

Bill text

TRESPASSING OF A LONG-TERM GUEST AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Kirk A. Cullimore
House Sponsor: 
 Calvin R. Musselman
LONG TITLE
General Description:
This bill modifies criminal trespass by long-term guest to a residence.
Highlighted Provisions:
This bill:
▸ clarifies that an immediate family member is not a long-term guest; and
▸ addresses resolution of the circumstance in which one party attempts to remove a
long-term guest and another party gives express permission for the long-term guest
to stay.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
76-6-206.4
, as last amended by Laws of Utah 2023, Chapter 111
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
76-6-206.4
 is amended to read:
76-6-206.4.
Criminal trespass by long-term guest to a residence.
(1) (a) As used in this section:
(i) "Burglary" means an offense described in Section 
76-6-202
, 
76-6-203
, or 
76-6-204
.
(ii) "Long-term guest" means an individual who is not a tenant
, nor the immediate
family member of an owner or tenant,
 but who is given express or implied permission by [
the
person who is the primary occupant
] 
an owner or tenant
 of the residence or someone with
apparent authority to act for [
the primary occupant
] 
an owner or tenant
 to enter a portion of a
residence or temporarily occupy a portion of a residence:
(A) for a period of time longer than 48 hours; and
(B) without providing the owner or [
primary occupant
] 
tenant
 of the residence
compensation or entering into an agreement that the individual provide labor in lieu of
providing the owner or primary occupant compensation for occupying the residence.
(iii) "Residence" means an improvement to real property used or occupied as a primary
or secondary dwelling.
(iv) "Tenant" means a person who has the right to occupy a residence under a rental
agreement or lease, or has a tenancy by operation of law.
(b) Terms defined in Sections 
76-1-101.5
 and 
76-6-201
 apply to this section.
[
(2) An actor commits criminal trespass of a residence if the actor:
]
[
(a) is a long-term guest; and
]
[
(b) in circumstances not amounting to burglary, remains in a residence after the actor
receives notice against remaining in the residence by personal communication to the actor by
the person who is the primary occupant of the residence or someone with apparent authority to
act for the primary occupant.
]
(2) (a) Except as provided in Subsection (2)(b), a long-term guest commits criminal
trespass of a residence if the long-term guest, in circumstances not amounting to burglary,
remains in a residence after receiving notice to leave the residence from:
(i) an owner;
(ii) a tenant; or
(iii) someone with apparent authority to act for an owner or a tenant.
(b) A long-term guest does not commit criminal trespass if:
(i) the long-term guest has express permission to remain in the residence from a
separate owner or tenant; and
(ii) the express permission is not:
(A) revoked by the owner or tenant described in Subsection (2)(b)(i); or
(B) rendered void under Subsection (2)(c).
(c) The express permission described in Subsection (2)(b) is void if:
(i) the long-term guest or a visitor of the long-term guest:
(A) uses or distributes illegal drugs at the residence;
(B) distributes alcohol to a minor at the residence;
(C) commits a crime against a person or property at the residence; or
(D) commits a behavior that threatens or substantially endangers the security, safety,
well-being, or health of other persons at the residence or threatens or damages property at the
residence; or
(ii) the long-term guest commits a felony after occupying the residence, regardless of
whether the long-term guest enters into a plea agreement for a lower offense and regardless of
where the felony takes place.
(3) A violation of Subsection (2) is a class B misdemeanor.
(4) Before a law enforcement officer escorts [
an actor
] 
a long-term guest
 from a
residence for a violation of Subsection (2), the law enforcement officer shall provide the [
actor
]
long-term guest
 a reasonable time for the [
actor
] 
long-term guest
 to collect the [
actor's
]
long-term guest's
 personal belongings.
Section 2. 
Effective date.
This bill takes effect on May 1, 2024.