Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 128 (2025GS)

Sponsor

Rep. Gwynn, Matthew H.

Final action

Governor Signed 3/25/2025

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• restructures and makes technical changes to sections in the Utah Code dealing with dangerous weapons to bring the sections into a standardized format;
• enacts provisions detailing the current law surrounding the carrying of firearms;
• for clarity, places certain contents of Title 76, Chapter 10, Part 5, Weapons, into Title 53, Public Safety Code;
• clarifies criminal provisions regarding who is required to have a concealed carry permit in certain circumstances;
• includes coordination clauses coordinating technical changes between this bill and H.B. 183, Noncitizen Restricted Person Amendments, H.B. 227, Restricted Person Amendments, H.B. 21, Criminal Code Recodification and Cross References, and S.B. 14, Private Sale of a Firearm Sunset Review Amendments; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

169
13-74-101
23A-4-1106
26B-1-326
26B-2-120
26B-5-102
31A-21-501
34-45-102
34-45-107
36-29-111
47-3-305
53-1-104
53-2a-214
53-3-220
53-5-701
53-5-710
53-5a-101.5
53-5a-102
53-5a-102.1
53-5a-102.2
76-10-511
53-5a-103
76-10-520
76-10-522
76-10-523.5
76-10-523
53-5a-202
53-5-702
53-5-703
53-5-704
53-5-704.5
53-5-705
53-5-706
53-5-707
53-5-707.5
53-5-707.6
53-5-708
53-5-711
53-5-712
53-5b-103
53-5b-102
53-5b-201
53-5b-202
53-5c-102
53-5c-201
53-5c-202
53-5c-301
53-5c-302
53-5a-601
76-10-526
76-10-526.1
76-10-527
76-10-524
53-5b-101
53-5d-102
53-10-202
53-10-202.5
53-10-208.1
53-10-403
53-11-108
53-13-116
53-22-105
53-22-107
53-25-103
53-25-501
53B-3-103
53G-8-701.8
53G-8-704
58-37-8
58-63-307
63G-2-303
63G-2-801
63I-1-253
63I-1-276
63I-2-276
63M-7-220
72-10-901
73-29-102
76-3-203.1
76-3-203.3
76-3-203.5
76-3-402
76-5-102.8
76-5-202
76-5-203
76-8-311.1
76-8-311.2
76-8-311.3
76-8-311.4
76-8-311.6
76-8-311.7
76-9-802
76-9-804
76-9-902
76-10-306
76-10-500
76-10-503
76-10-512
76-10-521
76-10-1602
76-10-501
76-10-502
76-11-201
76-10-504
76-11-203
76-10-505
76-10-505.5
76-11-205.5
76-11-206
76-10-506
76-10-507
76-10-508
76-10-508.1
76-10-509.4
76-10-509.5
76-10-509.6
76-10-509.7
76-10-509.9
76-11-216
76-10-528
76-10-529
76-10-530
76-11-220
76-11-301
76-11-302
76-11-303
76-11-304
76-11-305
76-11-306
76-11-307
76-11-308
76-10-503.1
76-10-532
77-11a-402
77-11a-403
77-11b-102
77-11d-101
77-11d-105
77-36-1
77-36-2.1
77-40a-205
77-40a-403
78A-6-209
78B-4-511
78B-5-502
78B-5-505
78B-6-1107
78B-6-2301
80-6-103
80-6-104
80-6-303.5
80-6-305
80-6-503
80-6-605
80-6-712
80-6-804
80-6-1004.1
80-6-1004.5
13-74-101
23A-4-1106
26B-1-326
26B-2-120
26B-5-102
31A-21-501
34-45-102
34-45-107
36-29-111
47-3-305
53-1-104
53-2a-214
53-3-220
53-5-701
53-5-710
53-5a-101.5
53-5a-102
53-5a-102.1
53-5a-102.2
76-10-511
53-5a-103
76-10-520
76-10-522
76-10-523.5
76-10-523
53-5a-202
53-5-702
53-5-703
53-5-704
53-5-704.5
53-5-705
53-5-706
53-5-707
53-5-707.5
53-5-707.6
53-5-708
53-5-711
53-5-712
53-5b-103
53-5b-102
53-5b-201
53-5b-202
53-5c-102
53-5c-201
53-5c-202
53-5c-301
53-5c-302
53-5a-601
76-10-526
76-10-526.1
76-10-527
76-10-524
53-5b-101
53-5d-102
53-10-202
53-10-202.5
53-10-208.1
53-10-403
53-11-108
53-13-116
53-22-105
53-22-107
53-25-103
53-25-501
53B-3-103
53G-8-701.8
53G-8-704
58-37-8
58-63-307
63G-2-303
63G-2-801
63I-1-253
63I-1-276
63I-2-276
63M-7-220
72-10-901
73-29-102
76-3-203.1
76-3-203.3
76-3-203.5
76-3-402
76-5-102.8
76-5-202
76-5-203
76-8-311.1
76-8-311.2
76-8-311.3
76-8-311.4
76-8-311.6
76-8-311.7
76-9-802
76-9-804
76-9-902
76-10-306
76-10-500
76-10-503
76-10-512
76-10-521
76-10-1602
76-10-501
76-10-502
76-11-201
76-10-504
76-11-203
76-10-505
76-10-505.5
76-11-205.5
76-11-206
76-10-506
76-10-507
76-10-508
76-10-508.1
76-10-509.4
76-10-509.5
76-10-509.6
76-10-509.7
76-10-509.9
76-11-216
76-10-528
76-10-529
76-10-530
76-11-220
76-11-301
76-11-302
76-11-303
76-11-304
76-11-305
76-11-306
76-11-307
76-11-308
76-10-503.1
76-10-532
77-11a-402
77-11a-403
77-11b-102
77-11d-101
77-11d-105
77-36-1
77-36-2.1
77-40a-205
77-40a-403
78A-6-209
78B-4-511
78B-5-502
78B-5-505
78B-6-1107
78B-6-2301
80-6-103
80-6-104
80-6-303.5
80-6-305
80-6-503
80-6-605
80-6-712
80-6-804
80-6-1004.1
80-6-1004.5
0
Dangerous Weapons Recodification and Cross References
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Matthew H. Gwynn
Senate Sponsor: Calvin R. Musselman
LONG TITLE
General Description:
This bill modifies provisions in the Utah Code addressing dangerous weapons by redrafting 
statutes into a new structure, reorganizing applicable criminal statutes into a new standardized 
format, and clarifying existing law.
Highlighted Provisions:
This bill:
restructures and makes technical changes to sections in the Utah Code dealing with 
dangerous weapons to bring the sections into a standardized format;
enacts provisions detailing the current law surrounding the carrying of firearms;
for clarity, places certain contents of Title 76, Chapter 10, Part 5, Weapons, into Title 53, 
Public Safety Code;
clarifies criminal provisions regarding who is required to have a concealed carry permit in 
certain circumstances;
includes coordination clauses coordinating technical changes between this bill and H.B. 
183, Noncitizen Restricted Person Amendments, H.B. 21, Criminal Code Recodification 
and Cross References, and S.B. 14, Private Sale of a Firearm Sunset Review 
Amendments; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides coordination clauses.
Utah Code Sections Affected:
AMENDS:
13-74-101
, as enacted by Laws of Utah 2024, Chapter 203
23A-4-1106
, as last amended by Laws of Utah 2023, Chapter 345 and renumbered and 
amended by Laws of Utah 2023, Chapter 103
26B-1-326
, as last amended by Laws of Utah 2024, Chapter 250
26B-2-120
, as last amended by Laws of Utah 2024, Chapter 234
26B-5-102
, as last amended by Laws of Utah 2024, Chapters 250, 420
31A-21-501
, as last amended by Laws of Utah 2022, Chapters 185, 430
34-45-102
, as enacted by Laws of Utah 2009, Chapter 379
34-45-107
, as last amended by Laws of Utah 2016, Chapter 348
36-29-111
, as last amended by Laws of Utah 2024, Chapter 506
47-3-305
, as last amended by Laws of Utah 2021, Chapter 246
53-1-104
, as last amended by Laws of Utah 2024, Chapter 506
53-2a-214
, as renumbered and amended by Laws of Utah 2013, Chapter 295
53-3-220
, as last amended by Laws of Utah 2024, Chapter 319
53-5a-102
, as last amended by Laws of Utah 2022, Chapter 428
53-5a-103
, as last amended by Laws of Utah 2023, Chapter 392
53-5a-202
, as last amended by Laws of Utah 2024, Chapter 438
53-5d-102
, as enacted by Laws of Utah 2016, Chapter 155
53-10-202
, as last amended by Laws of Utah 2023, Chapter 328
53-10-202.5
, as last amended by Laws of Utah 2022, Chapters 250, 384
53-10-208.1
, as last amended by Laws of Utah 2023, Chapters 184, 328 and 397
53-10-403
, as last amended by Laws of Utah 2024, Chapters 96, 153, 187, and 256
53-11-108
, as last amended by Laws of Utah 1999, Chapter 21
53-13-116
, as enacted by Laws of Utah 2021, Chapter 164
53-22-105
, as enacted by Laws of Utah 2024, Chapter 21
53-22-107
, as enacted by Laws of Utah 2024, Chapter 117
53-25-103
, as enacted by Laws of Utah 2024, Chapter 332
53-25-501
, as enacted by Laws of Utah 2024, Chapter 111
53B-3-103
, as last amended by Laws of Utah 2024, Chapter 378
53G-8-701.8
, as enacted by Laws of Utah 2024, Chapter 21
53G-8-704
, as enacted by Laws of Utah 2024, Chapter 21
58-37-8
, as last amended by Laws of Utah 2024, Chapter 105
58-63-307
, as last amended by Laws of Utah 2008, Chapter 246
63G-2-303
, as last amended by Laws of Utah 2024, Chapter 465
63G-2-801
, as last amended by Laws of Utah 2019, Chapter 254
63I-1-253
, as last amended by Laws of Utah 2024, Third Special Session, Chapter 5
63I-1-276
, as last amended by Laws of Utah 2024, Third Special Session, Chapter 5
63I-2-276
, as last amended by Laws of Utah 2024, Third Special Session, Chapter 5
63M-7-220
, as enacted by Laws of Utah 2024, Chapter 506
72-10-901
, as renumbered and amended by Laws of Utah 2023, Chapter 216
73-29-102
, as last amended by Laws of Utah 2023, Chapter 34
76-3-203.1
, as last amended by Laws of Utah 2024, Chapter 96
76-3-203.3
, as last amended by Laws of Utah 2024, Chapters 96, 381
76-3-203.5
, as last amended by Laws of Utah 2024, Chapters 96, 179
76-3-402
, as last amended by Laws of Utah 2024, Chapter 234
76-5-102.8
, as last amended by Laws of Utah 2022, Chapter 181
76-5-202
, as last amended by Laws of Utah 2022, Chapter 181
76-5-203
, as last amended by Laws of Utah 2024, Chapters 96, 187
76-8-311.1
, as last amended by Laws of Utah 2024, Chapter 96
76-8-311.2
, as enacted by Laws of Utah 2024, Chapter 96
76-8-311.3
, as last amended by Laws of Utah 2024, Chapters 96, 99
76-8-311.4
, as enacted by Laws of Utah 2024, Chapter 96
76-8-311.6
, as enacted by Laws of Utah 2024, Chapter 96
76-8-311.7
, as enacted by Laws of Utah 2024, Chapter 96
76-9-802
, as last amended by Laws of Utah 2024, Chapter 96
76-9-804
, as last amended by Laws of Utah 2022, Chapter 181
76-9-902
, as last amended by Laws of Utah 2024, Chapter 96
76-10-306
, as last amended by Laws of Utah 2024, Chapter 343
76-10-1602
, as last amended by Laws of Utah 2024, Chapter 96
77-11a-402
, as last amended by Laws of Utah 2024, Chapter 332
77-11a-403
, as renumbered and amended by Laws of Utah 2023, Chapter 448
77-11b-102
, as last amended by Laws of Utah 2023, Chapters 415, 422 and renumbered 
and amended by Laws of Utah 2023, Chapter 448
77-11d-101
, as last amended by Laws of Utah 2024, Chapter 332
77-11d-105
, as last amended by Laws of Utah 2024, Chapters 332, 517
77-36-1
, as last amended by Laws of Utah 2024, Chapter 366
77-36-2.1
, as last amended by Laws of Utah 2024, Chapter 434
77-40a-205
, as enacted by Laws of Utah 2024, Chapter 180
77-40a-403
, as last amended by Laws of Utah 2024, Chapter 180
78A-6-209
, as last amended by Laws of Utah 2024, Chapter 235
78B-4-511
, as renumbered and amended by Laws of Utah 2008, Chapter 3
78B-5-502
, as last amended by Laws of Utah 2021, Chapter 260
78B-5-505
, as last amended by Laws of Utah 2021, Chapter 260
78B-6-1107
, as last amended by Laws of Utah 2021, Chapter 207
78B-6-2301
, as last amended by Laws of Utah 2024, Chapter 438
80-6-103
, as last amended by Laws of Utah 2024, Chapter 532
80-6-104
, as last amended by Laws of Utah 2024, Chapter 20
80-6-303.5
, as last amended by Laws of Utah 2024, Chapter 301
80-6-305
, as last amended by Laws of Utah 2023, Chapter 161
80-6-503
, as renumbered and amended by Laws of Utah 2021, Chapter 261
80-6-605
, as renumbered and amended by Laws of Utah 2021, Chapter 261
80-6-712
, as last amended by Laws of Utah 2024, Chapter 153
80-6-804
, as last amended by Laws of Utah 2024, Chapter 153
80-6-1004.1
, as enacted by Laws of Utah 2023, Chapter 115
80-6-1004.5
, as last amended by Laws of Utah 2024, Chapter 301
ENACTS:
53-5a-101.5
, Utah Code Annotated 1953
53-5a-102.1
, Utah Code Annotated 1953
53-5a-102.2
, Utah Code Annotated 1953
53-5a-601
, Utah Code Annotated 1953
76-11-201
, Utah Code Annotated 1953
76-11-203
, Utah Code Annotated 1953
76-11-205.5
, Utah Code Annotated 1953
76-11-206
, Utah Code Annotated 1953
76-11-216
, Utah Code Annotated 1953
76-11-220
, Utah Code Annotated 1953
76-11-301
, Utah Code Annotated 1953
76-11-302
, Utah Code Annotated 1953
76-11-303
, Utah Code Annotated 1953
76-11-304
, Utah Code Annotated 1953
76-11-305
, Utah Code Annotated 1953
76-11-306
, Utah Code Annotated 1953
76-11-307
, Utah Code Annotated 1953
76-11-308
, Utah Code Annotated 1953
RENUMBERS AND AMENDS:
53-5a-102.3
, (Renumbered from 76-10-511, as last amended by Laws of Utah 2009, 
Chapter 362)
53-5a-105
, (Renumbered from 76-10-520, as last amended by Laws of Utah 1993, 
Chapter 234)
53-5a-106
, (Renumbered from 76-10-522, as last amended by Laws of Utah 1993, 
Chapter 234)
53-5a-107
, (Renumbered from 76-10-523.5, as last amended by Laws of Utah 2008, 
Chapter 3)
53-5a-108
, (Renumbered from 76-10-523, as last amended by Laws of Utah 2021, 
Chapter 12)
53-5a-301
, (Renumbered from 53-5-702, as last amended by Laws of Utah 2024, 
Chapter 22)
53-5a-302
, (Renumbered from 53-5-703, as last amended by Laws of Utah 2010, 
Chapters 62, 286 and 324)
53-5a-303
, (Renumbered from 53-5-704, as last amended by Laws of Utah 2024, 
Chapter 195)
53-5a-304
, (Renumbered from 53-5-704.5, as enacted by Laws of Utah 2017, 
Chapter 286)
53-5a-305
, (Renumbered from 53-5-705, as last amended by Laws of Utah 2010, 
Chapter 62)
53-5a-306
, (Renumbered from 53-5-706, as last amended by Laws of Utah 2018, 
Chapter 417)
53-5a-307
, (Renumbered from 53-5-707, as last amended by Laws of Utah 2023, 
Chapters 328, 387)
53-5a-308
, (Renumbered from 53-5-707.5, as last amended by Laws of Utah 2018, 
Chapter 417)
53-5a-309
, (Renumbered from 53-5-707.6, as last amended by Laws of Utah 2022, 
Chapter 255)
53-5a-310
, (Renumbered from 53-5-708, as last amended by Laws of Utah 2023, 
Chapter 16)
53-5a-311
, (Renumbered from 53-5-711, as last amended by Laws of Utah 2019, 
Chapter 39)
53-5a-312
, (Renumbered from 53-5-712, as enacted by Laws of Utah 2014, Chapter 
147)
53-5a-401
, (Renumbered from 53-5b-103, as enacted by Laws of Utah 2010, Chapter 
5)
53-5a-402
, (Renumbered from 53-5b-102, as enacted by Laws of Utah 2010, Chapter 
5)
53-5a-403
, (Renumbered from 53-5b-201, as enacted by Laws of Utah 2010, Chapter 
5)
53-5a-404
, (Renumbered from 53-5b-202, as enacted by Laws of Utah 2010, Chapter 
5)
53-5a-501
, (Renumbered from 53-5c-102, as last amended by Laws of Utah 2023, 
Chapters 138, 405)
53-5a-502
, (Renumbered from 53-5c-201, as last amended by Laws of Utah 2023, 
Chapters 138, 448)
53-5a-503
, (Renumbered from 53-5c-202, as last amended by Laws of Utah 2023, 
Chapter 448)
53-5a-504
, (Renumbered from 53-5c-301, as last amended by Laws of Utah 2024, 
Chapter 204)
53-5a-505
, (Renumbered from 53-5c-302, as last amended by Laws of Utah 2024, 
Chapter 204)
53-5a-602
, (Renumbered from 76-10-526, as last amended by Laws of Utah 2023, 
Chapters 330, 397)
53-5a-603
, (Renumbered from 76-10-526.1, as enacted by Laws of Utah 2023, 
Chapter 398)
53-5a-604
, (Renumbered from 76-10-527, as last amended by Laws of Utah 2009, 
Chapter 20)
53-5a-605
, (Renumbered from 76-10-524, as last amended by Laws of Utah 2004, 
Chapter 360)
76-11-101
, (Renumbered from 76-10-501, as last amended by Laws of Utah 2023, 
Chapters 161, 397 and 425)
76-11-102
, (Renumbered from 76-10-502, as last amended by Laws of Utah 1990, 
Chapter 328)
76-11-202
, (Renumbered from 76-10-504, as last amended by Laws of Utah 2023, 
Chapter 34)
76-11-204
, (Renumbered from 76-10-505, as last amended by Laws of Utah 2021, 
Chapter 12)
76-11-205
, (Renumbered from 76-10-505.5, as last amended by Laws of Utah 2024, 
Chapters 21, 117 and 301)
76-11-207
, (Renumbered from 76-10-506, as last amended by Laws of Utah 2019, 
Chapters 39, 201)
76-11-208
, (Renumbered from 76-10-507, as last amended by Laws of Utah 2015, 
Chapter 406)
76-11-209
, (Renumbered from 76-10-508, as last amended by Laws of Utah 2023, 
Chapter 34)
76-11-210
, (Renumbered from 76-10-508.1, as last amended by Laws of Utah 2023, 
Chapter 34)
76-11-211
, (Renumbered from 76-10-509.4, as last amended by Laws of Utah 2024, 
Chapter 301)
76-11-212
, (Renumbered from 76-10-509.5, as last amended by Laws of Utah 2013, 
Chapter 301)
76-11-213
, (Renumbered from 76-10-509.6, as last amended by Laws of Utah 2000, 
Chapter 303)
76-11-214
, (Renumbered from 76-10-509.7, as last amended by Laws of Utah 2024, 
Chapter 301)
76-11-215
, (Renumbered from 76-10-509.9, as enacted by Laws of Utah 1993, 
Second Special Session, Chapters 13, 13)
76-11-217
, (Renumbered from 76-10-528, as last amended by Laws of Utah 2023, 
Chapters 330, 386)
76-11-218
, (Renumbered from 76-10-529, as last amended by Laws of Utah 2024, 
Chapter 332)
76-11-219
, (Renumbered from 76-10-530, as last amended by Laws of Utah 2009, 
Chapter 388)
76-11-309
, (Renumbered from 76-10-503.1, as last amended by Laws of Utah 2023, 
Chapter 203)
76-11-310
, (Renumbered from 76-10-532, as last amended by Laws of Utah 2023, 
Chapter 425)
REPEALS:
53-5-701
, as last amended by Laws of Utah 2010, Chapter 62
53-5-710
, as last amended by Laws of Utah 2021, Chapter 141
53-5b-101
, as enacted by Laws of Utah 2010, Chapter 5
76-10-500
, as last amended by Laws of Utah 2022, Chapter 428
76-10-503
, as last amended by Laws of Utah 2023, First Special Session, Chapter 2
76-10-512
, as last amended by Laws of Utah 2024, Chapter 301
76-10-521
, as last amended by Laws of Utah 1993, Chapter 234
Utah Code Sections Affected by Coordination Clause:
AMENDS:
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 
13-74-101
 is amended to read:
13-74-101
. Definitions.
(1)
"Ammunition" means ammunition or cartridge cases, primers, bullets, or propellant 
powder designed for use in a firearm.
(2)
"Customer" means an individual who presents a payment card to a merchant for the 
purchase of a good or service.
(3)
"Financial entity" means any person involved in facilitating or processing a payment 
card transaction, including:
(a)
a payment card network;
(b)
a merchant acquirer; or
(c)
a payment facilitator.
(4)
"Firearm" means the same as that term is defined in Section 
76-10-501
76-11-101
.
(5)
(a)
"Firearm accessory or component" means a device specifically adapted to:
(i)
enable the wearing or carrying about one's person or the storage or mounting in or 
on any conveyance of a firearm; or
(ii)
be inserted into or affixed to a firearm to enable, alter, or improve the functioning 
or capabilities of the firearm.
(b)
"Firearm accessory or component" includes a telescopic or laser sight, magazine, 
flash or sound suppressor, folding or aftermarket stock or grip, speedloader, brace, 
ammunition carrier, or light for target illumination.
(6)
"Firearms code" means the merchant category code 5723, approved in September 2022 
by the International Organization for Standardization, for firearms retailers.
(7)
"Firearms retailer" means a merchant engaged in the lawful business of selling or 
trading firearms, firearm accessories or components, or ammunition.
(8)
"Merchant" means a person physically located in the state who accepts a payment card 
from a customer for the purchase of a good or service.
(9)
"Payment card" means a card, code, or other means by which a person may debit a 
deposit account or use a line of credit to purchase a good or service.
(10)
"Reloading supplies" means any equipment, component, or material designed for the 
reloading of ammunition, including reloading presses, shell holders, powder measures, 
priming tools, reloading manuals, casings, and gunpowder.
Section 2, Section 
23A-4-1106
 is amended to read:
23A-4-1106
. Suspension of license or permit privileges -- Suspension of 
certificates of registration.
(1)
As used in this section:
(a)
"License or permit privileges" means the privilege of applying for, purchasing, and 
exercising the benefits conferred by a license or permit issued by the division.
(b)
"Livestock guardian dog" means the same as that term is defined in Section 
76-6-111
.
(2)
A hearing officer, appointed by the division, may suspend a person's license or permit 
privileges if:
(a)
in a court of law, the person:
(i)
is convicted of:
(A)
violating this title or a rule of the Wildlife Board;
(B)
killing or injuring domestic livestock or a livestock guardian dog while 
engaged in an activity regulated under this title;
(C)
violating Section 
76-6-111
; or
(D)
violating Section 
76-10-508
76-11-209
 while engaged in an activity 
regulated under this title;
(ii)
enters into a plea in abeyance agreement, in which the person pleads guilty or no 
contest to an offense listed in Subsection 
(2)(a)(i)
, and the plea is held in 
abeyance; or
(iii)
is charged with committing an offense listed in Subsection 
(2)(a)(i)
, and the 
person enters into a diversion agreement which suspends the prosecution of the 
offense; and
(b)
the hearing officer determines the person committed the offense intentionally, 
knowingly, or recklessly, as defined in Section 
76-2-103
.
(3)
(a)
The Wildlife Board shall make rules establishing guidelines that a hearing officer 
shall consider in determining:
(i)
the type of license or permit privileges to suspend; and
(ii)
the duration of the suspension.
(b)
The Wildlife Board shall ensure that the guidelines established under Subsection 
(3)(a)
 are consistent with Subsections 
(4)
, 
(5)
, and 
(6)
.
(4)
Except as provided in Subsections 
(5)
 and 
(6)
, a hearing officer may suspend a person's 
license or permit privileges according to Subsection 
(2)
 for a period of time not to 
exceed:
(a)
seven years for:
(i)
a felony conviction;
(ii)
a plea of guilty or no contest to an offense punishable as a felony, which plea is 
held in abeyance pursuant to a plea in abeyance agreement; or
(iii)
being charged with an offense punishable as a felony, the prosecution of which is 
suspended pursuant to a diversion agreement;
(b)
five years for:
(i)
a class A misdemeanor conviction;
(ii)
a plea of guilty or no contest to an offense punishable as a class A misdemeanor, 
which plea is held in abeyance pursuant to a plea in abeyance agreement; or
(iii)
being charged with an offense punishable as a class A misdemeanor, the 
prosecution of which is suspended pursuant to a diversion agreement;
(c)
three years for:
(i)
a class B misdemeanor conviction;
(ii)
a plea of guilty or no contest to an offense punishable as a class B misdemeanor 
when the plea is held in abeyance according to a plea in abeyance agreement; or
(iii)
being charged with an offense punishable as a class B misdemeanor, the 
prosecution of which is suspended pursuant to a diversion agreement; and
(d)
one year for:
(i)
a class C misdemeanor conviction;
(ii)
a plea of guilty or no contest to an offense punishable as a class C misdemeanor, 
when the plea is held in abeyance according to a plea in abeyance agreement; or
(iii)
being charged with an offense punishable as a class C misdemeanor, the 
prosecution of which is suspended according to a diversion agreement.
(5)
The hearing officer may double a suspension period established in Subsection 
(4)
 for 
offenses:
(a)
committed in violation of an existing suspension or revocation order issued by the 
courts, division, or Wildlife Board; or
(b)
involving the unlawful taking of a trophy animal, as defined in Section 
23A-1-101
.
(6)
(a)
A hearing officer may suspend, according to Subsection 
(2)
, a person's license or 
permit privileges for a particular license or permit only once for each single criminal 
episode, as defined in Section 
76-1-401
.
(b)
If a hearing officer addresses two or more single criminal episodes in a hearing, the 
suspension periods of license or permit privileges of the same type suspended, 
according to Subsection 
(2)
, may run consecutively.
(c)
If a hearing officer suspends, according to Subsection 
(2)
, license or permit 
privileges of the type that have been previously suspended by a court, a hearing 
officer, or the Wildlife Board and the suspension period has not expired, the 
suspension periods may run consecutively.
(7)
(a)
A hearing officer, appointed by the division, may suspend a person's privilege of 
applying for, purchasing, and exercising the benefits conferred by a certificate of 
registration if:
(i)
the hearing officer determines the person intentionally, knowingly, or recklessly, 
as defined in Section 
76-2-103
, violated:
(A)
this title;
(B)
a rule or order of the Wildlife Board;
(C)
the terms of a certificate of registration; or
(D)
the terms of a certificate of registration application or agreement; or
(ii)
the person, in a court of law:
(A)
is convicted of an offense that the hearing officer determines bears a 
reasonable relationship to the person's ability to safely and responsibly perform 
the activities authorized by the certificate of registration;
(B)
pleads guilty or no contest to an offense that the hearing officer determines 
bears a reasonable relationship to the person's ability to safely and responsibly 
perform the activities authorized by the certificate of registration, and the plea 
is held in abeyance in accordance with a plea in abeyance agreement; or
(C)
is charged with an offense that the hearing officer determines bears a 
reasonable relationship to the person's ability to safely and responsibly perform 
the activities authorized by the certificate of registration, and prosecution of the 
offense is suspended in accordance with a diversion agreement.
(b)
A hearing officer shall suspend a certificate of registration for the harvesting of brine 
shrimp eggs, as defined in Section 
59-23-3
, if the hearing officer determines the 
holder of the certificate of registration has violated Section 
59-23-5
.
(8)
(a)
The director shall appoint a qualified person as a hearing officer to perform the 
adjudicative functions provided in this section.
(b)
The director may not appoint a division employee who investigates or enforces 
wildlife violations.
(9)
(a)
The courts may suspend, in criminal sentencing, a person's privilege to apply for, 
purchase, or exercise the benefits conferred by a license, permit, or certificate of 
registration.
(b)
The courts shall promptly notify the division of suspension orders or 
recommendations entered.
(c)
The division, upon receiving notification of suspension from the courts, shall prohibit 
the person from applying for, purchasing, or exercising the benefits conferred by a 
license, permit, or certification of registration for the duration and of the type 
specified in the court order.
(d)
The hearing officer shall consider a recommendation made by a sentencing court 
concerning suspension before issuing a suspension order.
(10)
Before suspension under this section, the division shall give a person:
(a)
written notice of action the division intends to take; and
(b)
an opportunity for a hearing.
(11)
(a)
A person may file an appeal of a hearing officer's decision with the Wildlife 
Board.
(b)
The Wildlife Board shall review the hearing officer's findings and conclusions and 
any written documentation submitted at the hearing.
(c)
The Wildlife Board may:
(i)
take no action;
(ii)
vacate or remand the decision; or
(iii)
amend the period or type of suspension.
(12)
The division shall suspend and reinstate all hunting, fishing, trapping, and falconry 
privileges consistent with 
Chapter 2, Part 5, Wildlife Violator Compact
.
(13)
Within 30 days after the day on which an individual's privilege to hunt or fish is 
suspended under this title, the division shall report to the Division of Professional 
Licensing the:
(a)
identifying information for the individual; and
(b)
time period of the suspension.
(14)
The Wildlife Board may make rules to implement this section in accordance with 
Title 
63G, Chapter 3, Utah Administrative Rulemaking Act
.
Section 3, Section 
26B-1-326
 is amended to read:
26B-1-326
. Suicide Prevention and Education Fund.
(1)
There is created an expendable special revenue fund known as the Suicide Prevention 
and Education Fund.
(2)
The fund shall consist of funds transferred from the Concealed Weapons Account in 
accordance with 
Subsection 
53-5-707
(5)(d)
Section 
53-5a-307
.
(3)
Money in the fund shall be used for suicide prevention efforts that include a focus on 
firearm safety as related to suicide prevention.
(4)
The Office of Substance Use and Mental Health shall establish a process by rule in 
accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, for the 
expenditure of money from the fund.
Section 4, Section 
26B-2-120
 is amended to read:
26B-2-120
. Background check -- Direct access to children or vulnerable adults.
(1)
As used in this section:
(a)
(i)
"Applicant" means an individual who is associated with a certification, 
contract, or licensee with the department under this part and has direct access, 
including:
(A)
an adoptive parent or prospective adoptive parent, including an applicant for 
an adoption in accordance with Section 
78B-6-128
;
(B)
a foster parent or prospective foster parent;
(C)
an individual who provides respite care to a foster parent or an adoptive parent 
on more than one occasion;
(D)
an individual who transports a child for a youth transportation company;
(E)
an individual who provides certified peer support, as defined in Section 
26B-5-610
;
(F)
an individual who provides peer supports, has a disability or a family member 
with a disability, or is in recovery from a mental illness or a substance use 
disorder;
(G)
an individual who has lived experience with the services provided by the 
department, and uses that lived experience to provide support, guidance, or 
services to promote resiliency and recovery;
(H)
an individual who is identified as a mental health professional, licensed under 
Title 58, Chapter 60, Mental Health Professional Practice Act, and engaged in 
the practice of mental health therapy, as defined in Section 
58-60-102
;
(I)
an individual, other than the child or vulnerable adult receiving the service, 
who is 12 years old or older and resides in a home, that is licensed or certified 
by the division;
(J)
an individual who is 12 years old or older and is associated with a certification, 
contract, or licensee with the department under this part and has or will likely 
have direct access;
(K)
a foster home licensee that submits an application for an annual background 
screening as required by Subsection 
26B-2-105(4)(d)(iii)
; or
(L)
a short-term relief care provider.
(ii)
"Applicant" does not include:
(A)
an individual who is in the custody of the Division of Child and Family 
Services or the Division of Juvenile Justice and Youth Services;
(B)
an individual who applies for employment with, or is employed by, the 
Department of Health and Human Services;
(C)
a parent of a person receiving services from the Division of Services for 
People with Disabilities, if the parent provides direct care to and resides with 
the person, including if the parent provides direct care to and resides with the 
person pursuant to a court order; or
(D)
an individual or a department contractor who provides services in an adults 
only substance use disorder program, as defined by rule adopted by the 
Department of Health and Human Services in accordance with Title 63G, 
Chapter 3, Utah Administrative Rulemaking Act, and who is not a program 
director or a member, as defined by Section 
26B-2-105
, of the program.
(b)
"Application" means a background check application to the office.
(c)
"Bureau" means the Bureau of Criminal Identification within the Department of 
Public Safety, created in Section 
53-10-201
.
(d)
"Criminal finding" means a record of:
(i)
an arrest for a criminal offense; 
(ii)
a warrant for a criminal arrest;
(iii)
charges for a criminal offense; or
(iv)
a criminal conviction.
(e)
"Direct access" means that an individual has, or likely will have:
(i)
contact with or access to a child or vulnerable adult by which the individual will 
have the opportunity for personal communication or touch with the child or 
vulnerable adult; or
(ii)
an opportunity to view medical, financial, or other confidential personal 
identifying information of the child, the child's parent or legal guardian, or the 
vulnerable adult.
(f)
(i)
"Direct access qualified" means that the applicant has an eligible determination 
by the office within the license and renewal time period; and
(ii)
no more than 180 days have passed since the date on which the applicant's 
association with a certification, contract, or licensee with the department expires.
(g)
"Incidental care" means occasional care, not in excess of five hours per week and 
never overnight, for a foster child. 
(h)
"Licensee" means an individual or a human services program licensed by the 
division.
(i)
"Non-criminal finding" means a record maintained in:
(i)
the Division of Child and Family Services' Management Information System 
described in Section 
80-2-1001
;
(ii)
the Division of Child and Family Services' Licensing Information System 
described in Section 
80-2-1002
;
(iii)
the Division of Aging and Adult Services' vulnerable adult abuse, neglect, or 
exploitation database described in Section 
26B-6-210
;
(iv)
juvenile court arrest, adjudication, and disposition records;
(v)
the Sex, Kidnap, and Child Abuse Offender Registry described in Title 77, 
Chapter 41, Sex, Kidnap, and Child Abuse Offender Registry, or a national sex 
offender registry; or
(vi)
a state child abuse or neglect registry.
(j)
"Office" means the Office of Background Processing within the department.
(k)
"Personal identifying information" means:
(i)
current name, former names, nicknames, and aliases;
(ii)
date of birth;
(iii)
physical address and email address;
(iv)
telephone number;
(v)
driver license or other government-issued identification;
(vi)
social security number;
(vii)
only for applicants who are 18 years old or older, fingerprints, in a form 
specified by the office; and
(viii)
other information specified by the office by rule made in accordance with Title 
63G, Chapter 3, Utah Administrative Rulemaking Act.
(2)
Except as provided in Subsection (12), an applicant or a representative shall submit the 
following to the office:
(a)
personal identifying information;
(b)
a fee established by the office under Section 
63J-1-504
;
(c)
a disclosure form, specified by the office, for consent for:
(i)
an initial background check upon association with a certification, contract, or 
licensee with the department;
(ii)
ongoing monitoring of fingerprints and registries until no longer associated with a 
certification, contract, or licensee with the department for 180 days;
(iii)
a background check when the office determines that reasonable cause exists; and
(iv)
retention of personal identifying information, including fingerprints, for 
monitoring and notification as described in Subsections (3)(c) and (4);
(d)
if an applicant resided outside of the United States and its territories during the five 
years immediately preceding the day on which the information described in 
Subsections (2)(a) through (c) is submitted to the office, documentation establishing 
whether the applicant was convicted of a crime during the time that the applicant 
resided outside of the United States or its territories; and
(e)
an application showing an applicant's association with a certification, contract, or a 
licensee with the department, for the purpose of the office tracking the direct access 
qualified status of the applicant, which expires 180 days after the date on which the 
applicant is no longer associated with a certification, contract, or a licensee with the 
department.
(3)
The office:
(a)
shall perform the following duties as part of a background check of an applicant 
before the office grants or denies direct access qualified status to an applicant:
(i)
check state and regional criminal background databases for the applicant's 
criminal history by:
(A)
submitting personal identifying information to the bureau for a search; or
(B)
using the applicant's personal identifying information to search state and 
regional criminal background databases as authorized under Section 
53-10-108
;
(ii)
submit the applicant's personal identifying information and fingerprints to the 
bureau for a criminal history search of applicable national criminal background 
databases;
(iii)
search the Division of Child and Family Services' Licensing Information System 
described in Section 
80-2-1002
;
(iv)
search the Sex, Kidnap, and Child Abuse Offender Registry described in Title 
77, Chapter 41, Sex, Kidnap, and Child Abuse Offender Registry, or a national 
sex offender registry for an applicant 18 years old or older;
(v)
if the applicant is associated with a licensee for a prospective foster or adoptive 
parent, search the Division of Child and Family Services' Management 
Information System described in Section 
80-2-1001
;
(vi)
search the Division of Aging and Adult Services' vulnerable adult abuse, neglect, 
or exploitation database described in Section 
26B-6-210
;
(vii)
search the juvenile court records for substantiated findings of severe child abuse 
or neglect described in Section 
80-3-404
; and
(viii)
search the juvenile court arrest, adjudication, and disposition records, as 
provided under Section 
78A-6-209
;
(b)
may conduct all or portions of a background check in connection with determining 
whether an applicant is direct access qualified, as provided by rule, made by the 
office in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act:
(i)
for an annual renewal; or
(ii)
when the office determines that reasonable cause exists;
(c)
may submit an applicant's personal identifying information, including fingerprints, to 
the bureau for checking, retaining, and monitoring of state and national criminal 
background databases and for notifying the office of new criminal activity associated 
with the applicant;
(d)
shall track the status of an applicant under this section to ensure that the applicant is 
not required to duplicate the submission of the applicant's fingerprints if the applicant 
is associated with more than one certification, contract, or licensee with the 
department;
(e)
shall notify the bureau when a direct access qualified individual has not been 
associated with a certification, contract, or licensee with the department for a period 
of 180 days;
(f)
shall adopt measures to strictly limit access to personal identifying information solely 
to the individuals responsible for processing and entering the applications for 
background checks and to protect the security of the personal identifying information 
the office reviews under this Subsection (3);
(g)
as necessary to comply with the federal requirement to check a state's child abuse 
and neglect registry regarding any applicant working in a congregate care program, 
shall:
(i)
search the Division of Child and Family Services' Licensing Information System 
described in Section 
80-2-1002
; and
(ii)
require the child abuse and neglect registry be checked in each state where an 
applicant resided at any time during the five years immediately preceding the day 
on which the application is submitted to the office; and
(h)
shall make rules, in accordance with Title 63G, Chapter 3, Utah Administrative 
Rulemaking Act, to implement the provisions of this Subsection (3) relating to 
background checks.
(4)
(a)
With the personal identifying information the office submits to the bureau under 
Subsection (3), the bureau shall check against state and regional criminal background 
databases for the applicant's criminal history.
(b)
With the personal identifying information and fingerprints the office submits to the 
bureau under Subsection (3), the bureau shall check against national criminal 
background databases for the applicant's criminal history.
(c)
Upon direction from the office, and with the personal identifying information and 
fingerprints the office submits to the bureau under Subsection (3)(c), the bureau shall:
(i)
maintain a separate file of the fingerprints for search by future submissions to the 
local and regional criminal records databases, including latent prints; and
(ii)
monitor state and regional criminal background databases and identify criminal 
activity associated with the applicant.
(d)
The bureau is authorized to submit the fingerprints to the Federal Bureau of 
Investigation Next Generation Identification System, to be retained in the Federal 
Bureau of Investigation Next Generation Identification System for the purpose of:
(i)
being searched by future submissions to the national criminal records databases, 
including the Federal Bureau of Investigation Next Generation Identification 
System and latent prints; and
(ii)
monitoring national criminal background databases and identifying criminal 
activity associated with the applicant.
(e)
The 
Bureau
bureau
 shall notify and release to the office all information of criminal 
activity associated with the applicant.
(f)
Upon notice that an individual who has direct access qualified status will no longer 
be associated with a certification, contract, or licensee with the department, the 
bureau shall:
(i)
discard and destroy any retained fingerprints; and
(ii)
notify the Federal Bureau of Investigation when the license has expired or an 
individual's direct access to a child or a vulnerable adult has ceased, so that the 
Federal Bureau of Investigation will discard and destroy the retained fingerprints 
from the Federal Bureau of Investigation Next Generation Identification System.
(5)
(a)
Except as provided in Subsection (5)(b), the office shall deny direct access 
qualified status to an applicant who, within three years from the date on which the 
office conducts the background check, was convicted of:
(i)
a felony or misdemeanor involving conduct that constitutes any of the following:
(A)
an offense identified as domestic violence, lewdness, voyeurism, battery, 
cruelty to animals, or bestiality;
(B)
a violation of any pornography law, including sexual exploitation of a minor 
or aggravated sexual exploitation of a minor;
(C)
sexual solicitation or prostitution;
(D)
a violent offense committed in the presence of a child, as described in Section 
76-3-203.10
;
(E)
an offense included in Title 76, Chapter 4, Part 4, Enticement of a Minor;
(F)
an offense included in Title 76, Chapter 5, Offenses Against the Individual;
(G)
an offense included in Title 76, Chapter 5b, Sexual Exploitation Act;
(H)
an offense included in Title 76, Chapter 7, Offenses Against the Family;
(I)
an offense included in Title 76, Chapter 9, Part 4, Offenses Against Privacy;
(J)
an offense included in Title 76, Chapter 10, Part 4, Weapons of Mass 
Destruction;
(K)
an offense included in Title 78B, Chapter 7, Protective Orders and Stalking 
Injunctions;
(L)
aggravated arson, as described in Section 
76-6-103
;
(M)
aggravated burglary, as described in Section 
76-6-203
;
(N)
aggravated exploitation of prostitution, as described in Section 
76-10-1306
;
(O)
aggravated robbery, as described in Section 
76-6-302
;
(P)
endangering persons in a human services program, as described in Section 
26B-2-113
;
(Q)
failure to report, as described in Section 
80-2-609
;
(R)
identity fraud crime, as described in Section 
76-6-1102
;
(S)
leaving a child unattended in a motor vehicle, as described in Section 
76-10-2202
;
(T)
riot, as described in Section 
76-9-101
;
(U)
sexual battery, as described in Section 
76-9-702.1
; or
(V)
threatening with or using a dangerous weapon in a fight or quarrel, as 
described in Section 
76-10-506
76-11-207
; or
(ii)
a felony or misdemeanor offense committed outside of the state that, if committed 
in the state, would constitute a violation of an offense described in Subsection 
(5)(a)(i).
(b)
(i)
Subsection (5)(a) does not apply to an applicant who is seeking a position as a 
peer support provider or a mental health professional, if the applicant provides 
services in a program that serves only adults with a primary mental health 
diagnosis, with or without a co-occurring substance use disorder.
(ii)
The office shall conduct a comprehensive review of an applicant described in 
Subsection (5)(b)(i) in accordance with Subsection (7).
(c)
The office shall deny direct access qualified status to an applicant if the office finds 
that a court order prohibits the applicant from having direct access to a child or 
vulnerable adult.
(6)
The office shall conduct a comprehensive review of an applicant's background check if 
the applicant:
(a)
has a felony or class A misdemeanor conviction that is more than three years from 
the date on which the office conducts the background check, for an offense described 
in Subsection 
(5)(a)
;
(b)
has a felony charge or conviction that is no more than 10 years from the date on 
which the office conducts the background check for an offense not described in 
Subsection (5)(a);
(c)
has a felony charge or conviction that is more than 10 years from the date on which 
the office conducts the background check, for an offense not described in Subsection 
(5)(a)
, with criminal or non-criminal findings after the date of the felony charge or 
conviction;
(d)
has a class B misdemeanor or class C misdemeanor conviction that is more than 
three years and no more than 10 years from the date on which the office conducts the 
background check for an offense described in Subsection 
(5)(a)
;
(e)
has a class B misdemeanor or class C misdemeanor conviction that is more than 10 
years from the date on which the office conducts the background check, for an 
offense described in Subsection 
(5)(a)
, with criminal or non-criminal findings after 
the date of conviction;
(f)
has a misdemeanor charge or conviction that is no more than three years from the 
date on which the office conducts the background check for an offense not described 
in Subsection (5)(a);
(g)
has a misdemeanor charge or conviction that is more than three years from the date 
on which the office conducts the background check, for an offense not described in 
Subsection 
(5)
(a), with criminal or non-criminal findings after the date of charge or 
conviction;
(h)
is currently subject to a plea in abeyance or diversion agreement for an offense 
described in Subsection (5)(a);
(i)
appears on the Sex, Kidnap, and Child Abuse Offender Registry described in Title 
77, Chapter 41, Sex, Kidnap, and Child Abuse Offender Registry, or a national sex 
offender registry;
(j)
has a record of an adjudication in juvenile court for an act that, if committed by an 
adult, would be a felony or misdemeanor, if the applicant is:
(i)
under 28 years old; or
(ii)
28 years old or older and has been convicted of, has pleaded no contest to, or is 
currently subject to a plea in abeyance or diversion agreement for a felony or a 
misdemeanor offense described in Subsection (5)(a);
(k)
has a pending charge for an offense described in Subsection (5)(a);
(l)
has a listing that occurred no more than 15 years from the date on which the office 
conducts the background check in the Division of Child and Family Services' 
Licensing Information System described in Section 
80-2-1002
;
(m)
has a listing that occurred more than 15 years from the date on which the office 
conducts the background check in the Division of Child and Family Services' 
Licensing Information System described in Section 
80-2-1002
, with criminal or 
non-criminal findings after the date of the listing;
(n)
has a listing that occurred no more than 15 years from the date on which the office 
conducts the background check in the Division of Aging and Adult Services' 
vulnerable adult abuse, neglect, or exploitation database described in Section 
26B-6-210
;
(o)
has a listing that occurred more than 15 years from the date on which the office 
conducts the background check in the Division of Aging and Adult Services' 
vulnerable adult abuse, neglect, or exploitation database described in Section 
26B-6-210
, with criminal or non-criminal findings after the date of the listing;
(p)
has a substantiated finding that occurred no more than 15 years from the date on 
which the office conducts the background check of severe child abuse or neglect 
under Section 
80-3-404
 or 
80-3-504
; or
(q)
has a substantiated finding that occurred more than 15 years from the date on which 
the office conducts the background check of severe child abuse or neglect under 
Section 
80-3-404
 or 
80-3-504
, with criminal or non-criminal findings after the date of 
the listing.
(7)
(a)
The comprehensive review shall include an examination of:
(i)
the date of the offense or incident;
(ii)
the nature and seriousness of the offense or incident;
(iii)
the circumstances under which the offense or incident occurred;
(iv)
the age of the perpetrator when the offense or incident occurred;
(v)
whether the offense or incident was an isolated or repeated incident;
(vi)
whether the offense or incident directly relates to abuse of a child or vulnerable 
adult, including:
(A)
actual or threatened, nonaccidental physical, mental, or financial harm;
(B)
sexual abuse;
(C)
sexual exploitation; or
(D)
negligent treatment;
(vii)
any evidence provided by the applicant of rehabilitation, counseling, psychiatric 
treatment received, or additional academic or vocational schooling completed;
(viii)
the applicant's risk of harm to clientele in the program or in the capacity for 
which the applicant is applying; and
(ix)
if the background check of an applicant is being conducted for the purpose of 
giving direct access qualified status to an applicant seeking a position in a 
congregate care program or to become a prospective foster or adoptive parent, any 
listing in the Division of Child and Family Services' Management Information 
System described in Section 
80-2-1001
.
(b)
At the conclusion of the comprehensive review, the office shall deny direct access 
qualified status to an applicant if the office finds the approval would likely create a 
risk of harm to a child or vulnerable adult.
(8)
The office shall grant direct access qualified status to an applicant who is not denied 
under this section.
(9)
(a)
The office may conditionally grant direct access qualified status to an applicant, 
for a maximum of 60 days after the day on which the office sends written notice, 
without requiring that the applicant be directly supervised, if the office:
(i)
is awaiting the results of the criminal history search of national criminal 
background databases; and
(ii)
would otherwise grant direct access qualified status to the applicant under this 
section.
(b)
The office may conditionally grant direct access qualified status to an applicant, for a 
maximum of one year after the day on which the office sends written notice, without 
requiring that the applicant be directly supervised if the office:
(i)
is awaiting the results of an out-of-state registry for providers other than foster and 
adoptive parents; and
(ii)
would otherwise grant direct access qualified status to the applicant under this 
section.
(c)
Upon receiving the results of the criminal history search of a national criminal 
background database, the office shall grant or deny direct access qualified status to 
the applicant in accordance with this section.
(10)
(a)
Each time an applicant is associated with a licensee, the department shall review 
the current status of the applicant's background check to ensure the applicant is still 
eligible for direct access qualified status in accordance with this section.
(b)
A licensee may not permit an individual to have direct access to a child or a 
vulnerable adult without being directly supervised unless:
(i)
the individual is the parent or guardian of the child, or the guardian of the 
vulnerable adult;
(ii)
the individual is approved by the parent or guardian of the child, or the guardian 
of the vulnerable adult, to have direct access to the child or the vulnerable adult;
(iii)
the individual is only permitted to have direct access to a vulnerable adult who 
voluntarily invites the individual to visit; or
(iv)
the individual only provides incidental care for a foster child on behalf of a foster 
parent who has used reasonable and prudent judgment to select the individual to 
provide the incidental care for the foster child. 
(c)
Notwithstanding any other provision of this section, an applicant who is denied direct 
access qualified status shall not have direct access to a child or vulnerable adult 
unless the office grants direct access qualified status to the applicant through a 
subsequent application in accordance with this section.
(11)
If the office denies direct access qualified status to an applicant, the applicant may 
request a hearing in the department's Office of Administrative Hearings to challenge the 
office's decision.
(12)
(a)
This Subsection 
(12)
 applies to an applicant associated with a certification, 
contract, or licensee serving adults only.
(b)
A program director or a member, as defined in Section 
26B-2-105
, of the licensee 
shall comply with this section.
(c)
The office shall conduct a comprehensive review for an applicant if:
(i)
the applicant is seeking a position:
(A)
as a peer support provider;
(B)
as a mental health professional; or
(C)
in a program that serves only adults with a primary mental health diagnosis, 
with or without a co-occurring substance use disorder; and
(ii)
within three years from the date on which the office conducts the background 
check, the applicant has a felony or misdemeanor charge or conviction or a 
non-criminal finding.
(13)
(a)
This Subsection 
(13)
 applies to an applicant seeking a position in a congregate 
care program, an applicant seeking to provide a prospective foster home, an applicant 
seeking to provide a prospective adoptive home, and each adult living in the home of 
the prospective foster or prospective adoptive home.
(b)
As federally required, the office shall:
(i)
check the child abuse and neglect registry in each state where each applicant 
resided in the five years immediately preceding the day on which the applicant 
applied to be a foster or adoptive parent, to determine whether the prospective 
foster or adoptive parent is listed in the registry as having a substantiated or 
supported finding of child abuse or neglect; and
(ii)
except for applicants seeking a position in a congregate care program, check the 
child abuse and neglect registry in each state where each adult living in the home 
of the prospective foster or adoptive home resided in the five years immediately 
preceding the day on which the applicant applied to be a foster or adoptive parent, 
to determine whether the adult is listed in the registry as having a substantiated or 
supported finding of child abuse or neglect.
(c)
The requirements described in Subsection (13)(b) do not apply to the extent that:
(i)
federal law or rule permits otherwise; or
(ii)
the requirements would prohibit the Division of Child and Family Services or a 
court from placing a child with:
(A)
a noncustodial parent under Section 
80-2a-301
, 
80-3-302
, or 
80-3-303
; or
(B)
a relative, other than a noncustodial parent, under Section 
80-2a-301
, 
80-3-302
, 
or 
80-3-303
, pending completion of the background check described in 
Subsections (5), (6), and (7).
(d)
Notwithstanding Subsections (5) through (10), the office shall deny direct access 
qualified status if the applicant has been convicted of:
(i)
a felony involving conduct that constitutes any of the following:
(A)
child abuse, as described in Sections 
76-5-109
, 
76-5-109.2
, and 
76-5-109.3
;
(B)
commission of domestic violence in the presence of a child, as described in 
Section 
76-5-114
;
(C)
abuse or neglect of a child with a disability, as described in Section 
76-5-110
;
(D)
intentional aggravated abuse of a vulnerable adult, as described in Section 
76-5-111
;
(E)
endangerment of a child or vulnerable adult, as described in Section 
76-5-112.5
;
(F)
aggravated murder, as described in Section 
76-5-202
;
(G)
murder, as described in Section 
76-5-203
;
(H)
manslaughter, as described in Section 
76-5-205
;
(I)
child abuse homicide, as described in Section 
76-5-208
;
(J)
homicide by assault, as described in Section 
76-5-209
;
(K)
kidnapping, as described in Section 
76-5-301
;
(L)
child kidnapping, as described in Section 
76-5-301.1
;
(M)
aggravated kidnapping, as described in Section 
76-5-302
;
(N)
human trafficking of a child, as described in Section 
76-5-308.5
;
(O)
an offense described in Title 76, Chapter 5, Part 4, Sexual Offenses;
(P)
sexual exploitation of a minor, as described in Title 76, Chapter 5b, Sexual 
Exploitation Act;
(Q)
aggravated exploitation of a minor, as described in Section 
76-5b-201.1
;
(R)
aggravated arson, as described in Section 
76-6-103
;
(S)
aggravated burglary, as described in Section 
76-6-203
;
(T)
aggravated robbery, as described in Section 
76-6-302
;
(U)
lewdness involving a child, as described in Section 
76-9-702.5
;
(V)
incest, as described in Section 
76-7-102
; or
(W)
domestic violence, as described in Section 
77-36-1
; or
(ii)
an offense committed outside the state that, if committed in the state, would 
constitute a violation of an offense described in Subsection (13)(d)(i).
(e)
Notwithstanding Subsections (5) through (10), the office shall deny direct access 
qualified status to an applicant if, within the five years from the date on which the 
office conducts the background check, the applicant was convicted of a felony 
involving conduct that constitutes a violation of any of the following:
(i)
aggravated assault, as described in Section 
76-5-103
;
(ii)
aggravated assault by a prisoner, as described in Section 
76-5-103.5
;
(iii)
mayhem, as described in Section 
76-5-105
;
(iv)
an offense described in Title 58, Chapter 37, Utah Controlled Substances Act;
(v)
an offense described in Title 58, Chapter 37a, Utah Drug Paraphernalia Act;
(vi)
an offense described in Title 58, Chapter 37b, Imitation Controlled Substances 
Act;
(vii)
an offense described in Title 58, Chapter 37c, Utah Controlled Substance 
Precursor Act; or
(viii)
an offense described in Title 58, Chapter 37d, Clandestine Drug Lab Act.
(f)
In addition to the circumstances described in Subsection (6), the office shall conduct 
a comprehensive review of an applicant's background check under this section if the 
applicant:
(i)
has an offense described in Subsection 
(5)(a)
;
(ii)
has an infraction conviction entered on a date that is no more than three years 
before the date on which the office conducts the background check;
(iii)
has a listing in the Division of Child and Family Services' Licensing Information 
System described in Section 
80-2-1002
;
(iv)
has a listing in the Division of Aging and Adult Services' vulnerable adult, 
neglect, or exploitation database described in Section 
26B-2-210
;
(v)
has a substantiated finding of severe child abuse or neglect under Section 
80-3-404
 or 
80-3-504
; or
(vi)
has a listing on the registry check described in Subsection 
(13)(b)
 as having a 
substantiated or supported finding of a severe type of child abuse or neglect, as 
defined in Section 
80-1-102
.
(14)
In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the 
office may make rules, consistent with this part, to:
(a)
establish procedures for, and information to be examined in, the comprehensive 
review described in Subsections (6), (7), and (13); and
(b)
determine whether to consider an offense or incident that occurred while an 
individual was in the custody of the Division of Child and Family Services or the 
Division of Juvenile Justice and Youth Services for purposes of granting or denying 
direct access qualified status to an applicant.
Section 5, Section 
26B-5-102
 is amended to read:
26B-5-102
. Division of Integrated Healthcare -- Office of Substance Use and 
Mental Health -- Creation -- Responsibilities.
(1)
(a)
The Division of Integrated Healthcare shall exercise responsibility over the 
policymaking functions, regulatory and enforcement powers, rights, duties, and 
responsibilities outlined in state law that were previously vested in the Division of 
Substance Abuse and Mental Health within the department, under the administration 
and general supervision of the executive director.
(b)
The division is the substance abuse authority and the mental health authority for this 
state.
(c)
There is created the Office of Substance Use and Mental Health within the division.
(d)
The office shall exercise the responsibilities, powers, rights, duties, and 
responsibilities assigned to the office by the executive director.
(2)
The division shall:
(a)
(i)
educate the general public regarding the nature and consequences of substance 
use by promoting school and community-based prevention programs;
(ii)
render support and assistance to public schools through approved school-based 
substance abuse education programs aimed at prevention of substance use;
(iii)
promote or establish programs for the prevention of substance use within the 
community setting through community-based prevention programs;
(iv)
cooperate with and assist treatment centers, recovery residences, and other 
organizations that provide services to individuals recovering from a substance use 
disorder, by identifying and disseminating information about effective practices 
and programs;
(v)
promote integrated programs that address an individual's substance use, mental 
health, and physical health;
(vi)
establish and promote an evidence-based continuum of screening, assessment, 
prevention, treatment, and recovery support services in the community for 
individuals with a substance use disorder or mental illness;
(vii)
evaluate the effectiveness of programs described in this Subsection (2);
(viii)
consider the impact of the programs described in this Subsection (2) on:
(A)
emergency department utilization;
(B)
jail and prison populations;
(C)
the homeless population; and
(D)
the child welfare system; and
(ix)
promote or establish programs for education and certification of instructors to 
educate individuals convicted of driving under the influence of alcohol or drugs or 
driving with any measurable controlled substance in the body;
(b)
(i)
collect and disseminate information pertaining to mental health;
(ii)
provide direction over the state hospital including approval of the state hospital's 
budget, administrative policy, and coordination of services with local service 
plans;
(iii)
make rules in accordance with Title 63G, Chapter 3, Utah Administrative 
Rulemaking Act, to educate families concerning mental illness and promote 
family involvement, when appropriate, and with patient consent, in the treatment 
program of a family member; 
(iv)
make rules in accordance with Title 63G, Chapter 3, Utah Administrative 
Rulemaking Act, to direct that an individual receiving services through a local 
mental health authority or the Utah State Hospital be informed about and, if 
desired by the individual, provided assistance in the completion of a declaration 
for mental health treatment in accordance with Section 
26B-5-313
; and
(v)
to the extent authorized and in accordance with statute, make rules in accordance 
with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, that:
(A)
create a certification for targeted case management;
(B)
establish training and certification requirements;
(C)
specify the types of services each certificate holder is qualified to provide;
(D)
specify the type of supervision under which a certificate holder is required to 
operate; and
(E)
specify continuing education and other requirements for maintaining or 
renewing certification;
(c)
(i)
consult and coordinate with local substance abuse authorities and local mental 
health authorities regarding programs and services;
(ii)
provide consultation and other assistance to public and private agencies and 
groups working on substance use and mental health issues;
(iii)
promote and establish cooperative relationships with courts, hospitals, clinics, 
medical and social agencies, public health authorities, law enforcement agencies, 
education and research organizations, and other related groups;
(iv)
promote or conduct research on substance use and mental health issues, and 
submit to the governor and the Legislature recommendations for changes in policy 
and legislation;
(v)
receive, distribute, and provide direction over public funds for substance use and 
mental health services;
(vi)
monitor and evaluate programs provided by local substance abuse authorities and 
local mental health authorities;
(vii)
examine expenditures of local, state, and federal funds;
(viii)
monitor the expenditure of public funds by:
(A)
local substance abuse authorities;
(B)
local mental health authorities; and
(C)
in counties where they exist, a private contract provider that has an annual or 
otherwise ongoing contract to provide comprehensive substance abuse or 
mental health programs or services for the local substance abuse authority or 
local mental health authority;
(ix)
contract with local substance abuse authorities and local mental health authorities 
to provide a comprehensive continuum of services that include community-based 
services for individuals involved in the criminal justice system, in accordance with 
division policy, contract provisions, and the local plan;
(x)
contract with private and public entities for special statewide or nonclinical 
services, or services for individuals involved in the criminal justice system, 
according to division rules;
(xi)
review and approve each local substance abuse authority's plan and each local 
mental health authority's plan in order to ensure:
(A)
a statewide comprehensive continuum of substance use services;
(B)
a statewide comprehensive continuum of mental health services;
(C)
services result in improved overall health and functioning;
(D)
a statewide comprehensive continuum of community-based services designed 
to reduce criminal risk factors for individuals who are determined to have 
substance use or mental illness conditions or both, and who are involved in the 
criminal justice system;
(E)
compliance, where appropriate, with the certification requirements in 
Subsection (2)(h); and
(F)
appropriate expenditure of public funds;
(xii)
review and make recommendations regarding each local substance abuse 
authority's contract with the local substance abuse authority's provider of 
substance use programs and services and each local mental health authority's 
contract with the local mental health authority's provider of mental health 
programs and services to ensure compliance with state and federal law and policy;
(xiii)
monitor and ensure compliance with division rules and contract requirements; 
and
(xiv)
withhold funds from local substance abuse authorities, local mental health 
authorities, and public and private providers for contract noncompliance, failure to 
comply with division directives regarding the use of public funds, or for misuse of 
public funds or money;
(d)
ensure that the requirements of this part are met and applied uniformly by local 
substance abuse authorities and local mental health authorities across the state;
(e)
require each local substance abuse authority and each local mental health authority, 
in accordance with Subsections 
17-43-201
(5)(b) and 
17-43-301
(6)(a)(ii), to submit a 
plan to the division on or before May 15 of each year;
(f)
conduct an annual program audit and review of each local substance abuse authority 
and each local substance abuse authority's contract provider, and each local mental 
health authority and each local mental health authority's contract provider, including:
(i)
a review and determination regarding whether:
(A)
public funds allocated to the local substance abuse authority or the local 
mental health authorities are consistent with services rendered by the authority 
or the authority's contract provider, and with outcomes reported by the 
authority's contract provider; and
(B)
each local substance abuse authority and each local mental health authority is 
exercising sufficient oversight and control over public funds allocated for 
substance use disorder and mental health programs and services; and
(ii)
items determined by the division to be necessary and appropriate;
(g)
define "prevention" by rule as required under Title 32B, Chapter 2, Part 4, Alcoholic 
Beverage and Substance Abuse Enforcement and Treatment Restricted Account Act;
(h)
(i)
train and certify an adult as a peer support specialist, qualified to provide peer 
supports services to an individual with:
(A)
a substance use disorder;
(B)
a mental health disorder; or
(C)
a substance use disorder and a mental health disorder;
(ii)
certify a person to carry out, as needed, the division's duty to train and certify an 
adult as a peer support specialist;
(iii)
make rules in accordance with Title 63G, Chapter 3, Utah Administrative 
Rulemaking Act, that:
(A)
establish training and certification requirements for a peer support specialist;
(B)
specify the types of services a peer support specialist is qualified to provide;
(C)
specify the type of supervision under which a peer support specialist is 
required to operate; and
(D)
specify continuing education and other requirements for maintaining or 
renewing certification as a peer support specialist; and
(iv)
make rules in accordance with Title 63G, Chapter 3, Utah Administrative 
Rulemaking Act, that:
(A)
establish the requirements for a person to be certified to carry out, as needed, 
the division's duty to train and certify an adult as a peer support specialist; and
(B)
specify how the division shall provide oversight of a person certified to train 
and certify a peer support specialist;
(i)
collaborate with the State Commission on Criminal and Juvenile Justice to analyze 
and provide recommendations to the Legislature regarding:
(i)
pretrial services and the resources needed to reduce recidivism;
(ii)
county jail and county behavioral health early-assessment resources needed for an 
individual convicted of a class A or class B misdemeanor; and
(iii)
the replacement of federal dollars associated with drug interdiction law 
enforcement task forces that are reduced;
(j)
establish performance goals and outcome measurements for a mental health or 
substance use treatment program that is licensed under Chapter 2, Part 1, Human 
Services Programs and Facilities, and contracts with the department, including goals 
and measurements related to employment and reducing recidivism of individuals 
receiving mental health or substance use treatment who are involved with the 
criminal justice system;
(k)
annually, on or before November 30, submit a written report to the Judiciary Interim 
Committee, the Health and Human Services Interim Committee, and the Law 
Enforcement and Criminal Justice Interim Committee, that includes:
(i)
a description of the performance goals and outcome measurements described in 
Subsection (2)(j); and
(ii)
information on the effectiveness of the goals and measurements in ensuring 
appropriate and adequate mental health or substance use treatment is provided in a 
treatment program described in Subsection (2)(j);
(l)
collaborate with the Administrative Office of the Courts, the Department of 
Corrections, the Department of Workforce Services, and the Board of Pardons and 
Parole to collect data on recidivism in accordance with the metrics and requirements 
described in Section 
63M-7-102
;
(m)
at the division's discretion, use the data described in Subsection (2)(l) to make 
decisions regarding the use of funds allocated to the division to provide treatment;
(n)
annually, on or before August 31, submit the data collected under Subsection (2)(l) 
and any recommendations to improve the data collection to the State Commission on 
Criminal and Juvenile Justice to be included in the report described in Subsection 
63M-7-204
(1)(x);
(o)
publish the following on the division's website:
(i)
the performance goals and outcome measurements described in Subsection (2)(j); 
and
(ii)
a description of the services provided and the contact information for the mental 
health and substance use treatment programs described in Subsection (2)(j) and 
residential, vocational and life skills programs, as defined in Section 
13-53-102
; 
and
(p)
consult and coordinate with the Division of Child and Family Services to develop 
and manage the operation of a program designed to reduce substance use during 
pregnancy and by parents of a newborn child that includes:
(i)
providing education and resources to health care providers and individuals in the 
state regarding prevention of substance use during pregnancy;
(ii)
providing training to health care providers in the state regarding screening of a 
pregnant woman or pregnant minor to identify a substance use disorder; and
(iii)
providing referrals to pregnant women, pregnant minors, or parents of a newborn 
child in need of substance use treatment services to a facility that has the capacity 
to provide the treatment services.
(3)
In addition to the responsibilities described in Subsection (2), the division shall, within 
funds appropriated by the Legislature for this purpose, implement and manage the 
operation of a firearm safety and suicide prevention program, in consultation with the 
Bureau of Criminal Identification created in Section 
53-10-201
, including:
(a)
coordinating with local mental health and substance abuse authorities, a nonprofit 
behavioral health advocacy group, and a representative from a Utah-based nonprofit 
organization with expertise in the field of firearm use and safety that represents 
firearm owners, to:
(i)
produce and periodically review and update a firearm safety brochure and other 
educational materials with information about the safe handling and use of firearms 
that includes:
(A)
information on safe handling, storage, and use of firearms in a home 
environment;
(B)
information about at-risk individuals and individuals who are legally 
prohibited from possessing firearms;
(C)
information about suicide prevention awareness; and
(D)
information about the availability of firearm safety packets;
(ii)
procure cable-style gun locks for distribution under this section;
(iii)
produce a firearm safety packet that includes the firearm safety brochure and the 
cable-style gun lock described in this Subsection (3); and
(iv)
create a suicide prevention education course that:
(A)
provides information for distribution regarding firearm safety education;
(B)
incorporates current information on how to recognize suicidal behaviors and 
identify individuals who may be suicidal; and
(C)
provides information regarding crisis intervention resources;
(b)
distributing, free of charge, the firearm safety packet to the following persons, who 
shall make the firearm safety packet available free of charge:
(i)
health care providers, including emergency rooms;
(ii)
mobile crisis outreach teams;
(iii)
mental health practitioners;
(iv)
other public health suicide prevention organizations;
(v)
entities that teach firearm safety courses;
(vi)
school districts for use in the seminar, described in Section 
53G-9-702
, for 
parents of students in the school district; and
(vii)
firearm dealers to be distributed in accordance with Section 
76-10-526
53-5a-602
;
(c)
creating and administering a rebate program that includes a rebate that offers 
between $10 and $200 off the purchase price of a firearm safe from a participating 
firearms dealer or a person engaged in the business of selling firearm safes in Utah, 
by a Utah resident; and
(d)
in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, 
making rules that establish procedures for:
(i)
producing and distributing the suicide prevention education course and the firearm 
safety brochures and packets;
(ii)
procuring the cable-style gun locks for distribution; and
(iii)
administering the rebate program.
(4)
(a)
The division may refuse to contract with and may pursue legal remedies against 
any local substance abuse authority or local mental health authority that fails, or has 
failed, to expend public funds in accordance with state law, division policy, contract 
provisions, or directives issued in accordance with state law.
(b)
The division may withhold funds from a local substance abuse authority or local 
mental health authority if the authority's contract provider of substance use or mental 
health programs or services fails to comply with state and federal law or policy.
(5)
(a)
Before reissuing or renewing a contract with any local substance abuse authority 
or local mental health authority, the division shall review and determine whether the 
local substance abuse authority or local mental health authority is complying with the 
oversight and management responsibilities described in Sections 
17-43-201
, 
17-43-203
, 
17-43-303
, and 
17-43-309
.
(b)
Nothing in this Subsection (5) may be used as a defense to the responsibility and 
liability described in Section 
17-43-303
 and to the responsibility and liability 
described in Section 
17-43-203
.
(6)
In carrying out the division's duties and responsibilities, the division may not duplicate 
treatment or educational facilities that exist in other divisions or departments of the state, 
but shall work in conjunction with those divisions and departments in rendering the 
treatment or educational services that those divisions and departments are competent and 
able to provide.
(7)
The division may accept in the name of and on behalf of the state donations, gifts, 
devises, or bequests of real or personal property or services to be used as specified by 
the donor.
(8)
The division shall annually review with each local substance abuse authority and each 
local mental health authority the authority's statutory and contract responsibilities 
regarding:
(a)
use of public funds;
(b)
oversight of public funds; and
(c)
governance of substance use disorder and mental health programs and services.
(9)
The Legislature may refuse to appropriate funds to the division upon the division's 
failure to comply with the provisions of this part.
(10)
If a local substance abuse authority contacts the division under Subsection 
17-43-201
(10) for assistance in providing treatment services to a pregnant woman or pregnant 
minor, the division shall:
(a)
refer the pregnant woman or pregnant minor to a treatment facility that has the 
capacity to provide the treatment services; or
(b)
otherwise ensure that treatment services are made available to the pregnant woman 
or pregnant minor.
(11)
The division shall employ a school-based mental health specialist to be housed at the 
State Board of Education who shall work with the State Board of Education to:
(a)
provide coordination between a local education agency and local mental health 
authority;
(b)
recommend evidence-based and evidence informed mental health screenings and 
intervention assessments for a local education agency; and
(c)
coordinate with the local community, including local departments of health, to 
enhance and expand mental health related resources for a local education agency.
Section 6, Section 
31A-21-501
 is amended to read:
31A-21-501
. Definitions.
For purposes of this part:
(1)
"Applicant" means:
(a)
in the case of an individual life or accident and health policy, the person who seeks to 
contract for insurance benefits; or
(b)
in the case of a group life or accident and health policy, the proposed certificate 
holder.
(2)
"Cohabitant" means an emancipated individual pursuant to Section 
15-2-1
 or an 
individual who is 16 years old or older who:
(a)
is or was a spouse of the other party;
(b)
is or was living as if a spouse of the other party;
(c)
is related by blood or marriage to the other party;
(d)
has one or more children in common with the other party; or
(e)
resides or has resided in the same residence as the other party.
(3)
"Child abuse" means the commission or attempt to commit against a child a criminal 
offense described in:
(a)
Title 76, Chapter 5, Part 1, Assault and Related Offenses
;
(b)
Title 76, Chapter 5, Part 4, Sexual Offenses
;
(c)
Section 
76-9-702
, Lewdness;
(d)
Section 
76-9-702.1
, Sexual battery; or
(e)
Section 
76-9-702.5
, Lewdness involving a child.
(4)
"Domestic violence" means any criminal offense involving violence or physical harm or 
threat of violence or physical harm, or any attempt, conspiracy, or solicitation to commit 
a criminal offense involving violence or physical harm, when committed by one 
cohabitant against another and includes commission or attempt to commit, any of the 
following offenses by one cohabitant against another:
(a)
aggravated assault, as described in Section 
76-5-103
;
(b)
assault, as described in Section 
76-5-102
;
(c)
criminal homicide, as described in Section 
76-5-201
;
(d)
harassment, as described in Section 
76-5-106
;
(e)
electronic communication harassment, as described in Section 
76-9-201
;
(f)
kidnapping, child kidnapping, or aggravated kidnapping, as described in Sections 
76-5-301
, 
76-5-301.1
, and 
76-5-302
;
(g)
mayhem, as described in Section 
76-5-105
;
(h)
sexual offenses, as described in 
Title 76, Chapter 5, Part 4, Sexual Offenses
, and 
Sections 
76-5b-201
 and 
76-5b-201.1
;
(i)
stalking, as described in Section 
76-5-106.5
;
(j)
unlawful detention or unlawful detention of a minor, as described in Section 
76-5-304
;
(k)
violation of a protective order or ex parte protective order, as described in Section 
76-5-108
;
(l)
any offense against property described in 
Title 76, Chapter 6, Part 1, Property 
Destruction
, 
Part 2, Burglary and Criminal Trespass
, or 
Part 3, Robbery
;
(m)
possession of a 
deadly
dangerous
 weapon with 
intent to assault
criminal intent
, as 
described in Section 
76-10-507
76-11-208
; or
(n)
discharge of a firearm from a vehicle, near a highway, or in the direction of any 
person
individual
, building, or vehicle, as described in Section 
76-10-508
76-11-209
.
(5)
"Subject of domestic abuse" means an individual who is, has been, may currently be, or 
may have been subject to domestic violence or child abuse.
Section 7, Section 
34-45-102
 is amended to read:
34-45-102
. Definitions.
As used in this chapter:
(1)
"Firearm" has the same meaning as provided in Section 
76-10-501
76-11-101
.
(2)
"Motor vehicle" has the same meaning as provided in Section 
41-1a-102
.
(3)
"Person" means an individual, property owner, landlord, tenant, employer, business 
entity, or other legal entity.
Section 8, Section 
34-45-107
 is amended to read:
34-45-107
. Exemptions -- Limitations on chapter -- School premises -- 
Government entities -- Religious organizations -- Single family detached residential units.
(1)
(a)
School premises, as defined in Subsection 
76-3-203.2(1)
, are exempt from the 
provisions of this chapter.
(b)
Possession of a firearm on or about school premises
Carrying a dangerous weapon 
at an elementary school or secondary school
 is subject to the provisions of Section 
76-10-505.5
76-11-205
.
(2)
Government entities, including a local authority or state entity, are subject to the 
requirements of 
Title 53, Chapter 5a, Firearm Laws
Title 53, Chapter 5a, Firearms Laws
, 
but are otherwise exempt from the provisions of this chapter.
(3)
Religious organizations, including religious organizations acting as an employer, are 
exempt from, and are not subject to the provisions of this chapter.
(4)
Owner-occupied single family detached residential units and tenant-occupied single 
family detached residential units are exempt from the provisions of this chapter.
(5)
A person who is subject to federal law that specifically forbids the presence of a firearm 
on property designated for motor vehicle parking, or a person who is subject to Section 
550 of the United States Department of Homeland Security Appropriations Act of 2007, 
Pub. L. No. 109-295 or regulations enacted in accordance with that section, is exempt 
from Section 
34-45-103
 if:
(a)
providing alternative parking or a storage location under Subsection 
34-45-103(2)(a)
would pose an undue burden on the person; and
(b)
the person files a statement with the attorney general citing the federal law that 
forbids the presence of a firearm and detailing the reasons why providing alternative 
parking or a storage location poses an undue burden.
(6)
A person who is subject to Section 550 of the United States Department of Homeland 
Security Appropriations Act of 2007, Pub. L. No. 109-295 or regulations enacted in 
accordance with that section is exempt from this chapter if:
(a)
the person has attempted to provide alternative parking or a storage location in 
accordance with Subsection 
34-45-103(2)(a)
;
(b)
the secretary of the federal Department of Homeland Security notifies the person that 
the provision of alternative parking or a storage location causes the person to be out 
of compliance with Section 550 of the United States Department of Homeland 
Security Appropriations Act of 2007, Pub. L. No. 109-295 or regulations enacted in 
accordance with that section and the person may be subject to punitive measures; and
(c)
the person files a detailed statement with the attorney general notifying the attorney 
general of the facts under Subsections 
(6)(a)
 and 
(b)
.
Section 9, Section 
36-29-111
 is amended to read:
36-29-111
. Public Safety Data Management Task Force.
(1)
As used in this section:
(a)
"Cohabitant abuse protective order" means an order issued with or without notice to 
the respondent in accordance with Title 78B, Chapter 7, Part 6, Cohabitant Abuse 
Protective Orders.
(b)
"Lethality assessment" means an evidence-based assessment that is intended to 
identify a victim of domestic violence who is at a high risk of being killed by the 
perpetrator.
(c)
"Task force" means the Public Safety Data Management Task Force created in this 
section.
(d)
"Victim" means an individual who is a victim of domestic violence, as defined in 
Section 
77-36-1
.
(2)
There is created the Public Safety Data Management Task Force consisting of the 
following members:
(a)
three members of the Senate appointed by the president of the Senate, no more than 
two of whom may be from the same political party;
(b)
three members of the House of Representatives appointed by the speaker of the 
House of Representatives, no more than two of whom may be from the same political 
party; and
(c)
representatives from the following organizations as requested by the executive 
director of the State Commission on Criminal and Juvenile Justice:
(i)
the State Commission on Criminal and Juvenile Justice;
(ii)
the Judicial Council;
(iii)
the Statewide Association of Prosecutors;
(iv)
the Department of Corrections;
(v)
the Department of Public Safety;
(vi)
the Utah Association of Counties;
(vii)
the Utah Chiefs of Police Association;
(viii)
the Utah Sheriffs Association;
(ix)
the Board of Pardons and Parole;
(x)
the Department of Health and Human Services;
(xi)
the Utah Division of Indian Affairs; and
(xii)
any other organizations or groups as recommended by the executive director of 
the Commission on Criminal and Juvenile Justice.
(3)
(a)
The president of the Senate shall designate a member of the Senate appointed 
under Subsection (2)(a) as a cochair of the task force.
(b)
The speaker of the House of Representatives shall designate a member of the House 
of Representatives appointed under Subsection (2)(b) as a cochair of the task force.
(4)
(a)
A majority of the members of the task force present at a meeting constitutes a 
quorum.
(b)
The action of a majority of a quorum constitutes an action of the task force.
(5)
(a)
Salaries and expenses of the members of the task force who are legislators shall be 
paid in accordance with Section 
36-2-2
 and Legislative Joint Rules, Title 5, Chapter 
3, Legislator Compensation.
(b)
A member of the task force who is not a legislator:
(i)
may not receive compensation for the member's work associated with the task 
force; and
(ii)
may receive per diem and reimbursement for travel expenses incurred as a 
member of the task force at the rates established by the Division of Finance under 
Sections 
63A-3-106
 and 
63A-3-107
.
(6)
The State Commission on Criminal and Juvenile Justice shall provide staff support to 
the task force.
(7)
The task force shall review the state's current criminal justice data collection 
requirements and make recommendations regarding:
(a)
possible ways to connect the various records systems used throughout the state so 
that data can be shared between criminal justice agencies and with policymakers;
(b)
ways to automate the collection, storage, and dissemination of the data;
(c)
standardizing the format of data collection and retention;
(d)
the collection of domestic violence data in the state; and
(e)
the collection of data not already required related to criminal justice.
(8)
On or before November 30 of each year, the task force shall provide a report to the Law 
Enforcement and Criminal Justice Interim Committee and the Legislative Management 
Committee that includes:
(a)
recommendations in accordance with Subsection (7)(a);
(b)
information on:
(i)
lethality assessments conducted in the state, including:
(A)
the type of lethality assessments used by law enforcement agencies and other 
organizations that provide domestic violence services; and
(B)
training and protocols implemented by law enforcement agencies and the 
organizations described in Subsection (8)(b)(i)(A) regarding the use of lethality 
assessments;
(ii)
the data collection efforts implemented by law enforcement agencies and the 
organizations described in Subsection (8)(b)(i)(A);
(iii)
the number of cohabitant abuse protective orders that, in the immediately 
preceding calendar year, were:
(A)
issued;
(B)
amended or dismissed before the date of expiration; or
(C)
dismissed under Section 
78B-7-605
; and
(iv)
the prevalence of domestic violence in the state and the prevalence of the 
following in domestic violence cases:
(A)
stalking;
(B)
strangulation;
(C)
violence in the presence of a child; and
(D)
threats of suicide or homicide;
(c)
a review of and feedback on:
(i)
lethality assessment training and protocols implemented by law enforcement 
agencies and the organizations described in Subsection (8)(b)(i)(A); and
(ii)
the collection of domestic violence data in the state, including:
(A)
the coordination between state, local, and not-for-profit agencies to collect 
data from lethality assessments and on the prevalence of domestic violence, 
including the number of voluntary commitments of firearms under Section 
53-5c-201
53-5a-502
;
(B)
efforts to standardize the format for collecting domestic violence and lethality 
assessment data from state, local, and not-for-profit agencies within federal 
confidentiality requirements; and
(C)
the need for any additional data collection requirements or efforts; and
(d)
any proposed legislation.
Section 10, Section 
47-3-305
 is amended to read:
47-3-305
. Exceptions and prohibitions.
(1)
This part does not apply to:
(a)
shooting ranges that are otherwise open to the public;
(b)
shooting ranges that are operated as a public shooting range staffed by and operated 
by Division of Wildlife Resources;
(c)
the Utah National Guard ranges located at Camp Williams and the Salt Lake 
International Airport;
(d)
Department of Corrections ranges; and
(e)
ranges owned, operated, or currently leased as of March 26, 2013, by a state or local 
public safety agency.
(2)
Firearms may not be allowed in a school building, except under the provision of Section 
76-10-505.5
76-11-205
 or 
76-11-205.5
, unless there is an outdoor entrance to the 
shooting range and the most direct access to the range is used. An outdoor entrance to a 
shooting range may not be blocked by fences, structures, or gates for the purpose of 
blocking the outdoor entrance.
(3)
Only air guns may be used in public ranges where the ventilation systems do not meet 
current OSHA standards as applied to the duration of exposure of the participants. For 
the purposes of this part, an air gun does not include larger caliber pneumatic weapons, 
paintball guns, or air shotguns.
(4)
Group range use is a lawful, approved activity under Subsection 
76-10-505.5(4)(a)
76-11-205(4)(f)
 or 
76-11-205.5(4)(g)
.
Section 11, Section 
53-1-104
 is amended to read:
53-1-104
. Boards, bureaus, councils, divisions, and offices.
(1)
The following are the policymaking boards and committees within the department:
(a)
the Trauma System and Emergency Medical Services Committee created in Section 
53-2d-104
;
(b)
the Air Ambulance Committee created in Section 
53-2d-107
;
(c)
the Driver License Medical Advisory Board, created in Section 
53-3-303
;
(d)
the Concealed Firearm Review Board, created in Section 
53-5-703
53-5a-302
;
(e)
the Utah Fire Prevention Board, created in Section 
53-7-203
;
(f)
the Liquified Petroleum Gas Board, created in Section 
53-7-304
; and
(g)
the Bail Bond Recovery and Private Investigator Licensure Board created in Section 
53-11-104
.
(2)
The Peace Officer Standards and Training Council, created in Section 
53-6-106
, is 
within the department.
(3)
The following are the divisions within the department:
(a)
the Administrative Services Division, created in Section 
53-1-203
;
(b)
the Management Information Services Division, created in Section 
53-1-303
;
(c)
the Division of Emergency Management, created in Section 
53-2a-103
;
(d)
the Driver License Division, created in Section 
53-3-103
;
(e)
the Criminal Investigations and Technical Services Division, created in Section 
53-10-103
;
(f)
the Peace Officer Standards and Training Division, created in Section 
53-6-103
;
(g)
the State Fire Marshal Division, created in Section 
53-7-103
; and
(h)
the Utah Highway Patrol Division, created in Section 
53-8-103
.
(4)
The Office of Executive Protection is created in Section 
53-1-112
.
(5)
The following are the bureaus within the department:
(a)
the Bureau of Emergency Medical Services, created in Section 
53-2d-102
;
(b)
the Bureau of Criminal Identification, created in Section 
53-10-201
;
(c)
the State Bureau of Investigation, created in Section 
53-10-301
;
(d)
the Bureau of Forensic Services, created in Section 
53-10-401
; and
(e)
the Bureau of Communications, created in Section 
53-10-501
.
Section 12, Section 
53-2a-214
 is amended to read:
53-2a-214
. Prohibition of restrictions on and confiscation of a firearm or 
ammunition during an emergency.
(1)
As used in this section:
(a)
(i)
"Confiscate" means for an individual in Utah to intentionally deprive another of 
a privately owned firearm.
(ii)
"Confiscate" does not include the taking of a firearm from an individual:
(A)
in self-defense;
(B)
possessing a firearm while the individual is committing a felony or 
misdemeanor; or
(C)
who may not, under state or federal law, possess the firearm.
(b)
"Firearm" has the same meaning as defined in Section 
76-10-501
76-11-101
.
(2)
During a declared state of emergency or local emergency under this part:
(a)
neither the governor nor an agency of a governmental entity or political subdivision 
of the state may impose restrictions, which were not in force before the declared state 
of emergency, on the lawful possession, transfer, sale, transport, storage, display, or 
use of a firearm or ammunition; and
(b)
an individual, while acting or purporting to act on behalf of the state or a political 
subdivision of the state, may not confiscate a privately owned firearm of another 
individual.
(3)
A law or regulation passed during a declared state of emergency that does not relate 
specifically to the lawful possession or use of a firearm and that has attached criminal 
penalties may not be used to justify the confiscation of a firearm from an individual 
acting in defense of self, property, or others when on:
(a)
the individual's private property; or
(b)
the private property of another as an invitee.
(4)
(a)
An individual who has a firearm confiscated in violation of Subsection 
(2)
 may 
bring a civil action in a court having the appropriate jurisdiction:
(i)
for damages, in the maximum amount of $10,000, against a person who violates 
Subsection 
(2)
;
(ii)
for a civil penalty, in the amount of $5,000 per violation, against a person who 
violates Subsection 
(2)
; and
(iii)
for return of the confiscated firearm.
(b)
As used in this Subsection 
(4)
, "person" means an individual, the governmental 
entity on whose behalf the individual is acting or purporting to act, or both the 
individual and the governmental entity.
(5)
(a)
A law enforcement officer is not subject to disciplinary action for refusing to 
confiscate a firearm under this section if:
(i)
ordered or directed to do so by a superior officer; and
(ii)
by obeying the order or direction, the law enforcement officer would be 
committing a violation of this section.
(b)
For purposes of this Subsection 
(5)
, disciplinary action might include:
(i)
dismissal, suspension, or demotion;
(ii)
loss of or decrease in benefits, pay, privileges or conditions of employment; and
(iii)
any type of written or electronic indication, permanent or temporary, on the 
officer's personnel record of the officer's refusal to obey the unlawful order.
(6)
(a)
If a law enforcement officer commits a violation of this section, the officer's 
liability in an action brought under Subsection 
(4)(a)
 is limited to 5% of the damages 
and civil penalty allowed under Subsection 
(4)(a)
 if the officer can show by clear and 
convincing evidence that the officer was obeying a direct and unlawful order from a 
superior officer or authority.
(b)
The court shall assess the balance of the damages and civil penalty, the remaining 
95%, against the superior officer or authority who ordered or directed the 
confiscation in violation of this section.
Section 13, Section 
53-3-220
 is amended to read:
53-3-220
. Offenses requiring mandatory revocation, denial, suspension, or 
disqualification of license -- Offense requiring an extension of period -- Hearing -- 
Limited driving privileges.
(1)
(a)
The division shall immediately revoke or, when this chapter, Title 41, Chapter 6a, 
Traffic Code, or Section 
76-5-303
, specifically provides for denial, suspension, or 
disqualification, the division shall deny, suspend, or disqualify the license of a person 
upon receiving a record of the person's conviction for:
(i)
manslaughter or negligent homicide resulting from driving a motor vehicle, 
automobile homicide under Section 
76-5-207
, or automobile homicide involving 
using a handheld wireless communication device while driving under Section 
76-5-207.5
;
(ii)
driving or being in actual physical control of a motor vehicle while under the 
influence of alcohol, any drug, or combination of them to a degree that renders the 
person incapable of safely driving a motor vehicle as prohibited in Section 
41-6a-502
 or as prohibited in an ordinance that complies with the requirements of 
Subsection 
41-6a-510
(1);
(iii)
driving or being in actual physical control of a motor vehicle while having a 
blood or breath alcohol content as prohibited in Section 
41-6a-502
 or as prohibited 
in an ordinance that complies with the requirements of Subsection 
41-6a-510
(1);
(iv)
perjury or the making of a false affidavit to the division under this chapter, Title 
41, Motor Vehicles, or any other law of this state requiring the registration of 
motor vehicles or regulating driving on highways;
(v)
any felony under the motor vehicle laws of this state;
(vi)
any other felony in which a motor vehicle is used to facilitate the offense;
(vii)
failure to stop and render aid as required under the laws of this state if a motor 
vehicle accident results in the death or personal injury of another;
(viii)
two charges of reckless driving, impaired driving, or any combination of 
reckless driving and impaired driving committed within a period of 12 months; 
but if upon a first conviction of reckless driving or impaired driving the judge or 
justice recommends suspension of the convicted person's license, the division may 
after a hearing suspend the license for a period of three months;
(ix)
failure to bring a motor vehicle to a stop at the command of a law enforcement 
officer as required in Section 
41-6a-210
;
(x)
any offense specified in Part 4, Uniform Commercial Driver License Act, that 
requires disqualification;
(xi)
a 
felony 
violation of Section 
76-10-508
 or 
76-10-508.1
 involving discharging 
or allowing the discharge of a firearm from a vehicle
76-11-209
 involving the 
discharging or allowing the discharging of a firearm from a vehicle or a violation 
of Section 
76-11-210
;
(xii)
using, allowing the use of, or causing to be used any explosive, chemical, or 
incendiary device from a vehicle in violation of Subsection 
76-10-306
(4)(b);
(xiii)
operating or being in actual physical control of a motor vehicle while having 
any measurable controlled substance or metabolite of a controlled substance in the 
person's body in violation of Section 
41-6a-517
;
(xiv)
operating or being in actual physical control of a motor vehicle while having 
any measurable or detectable amount of alcohol in the person's body in violation 
of Section 
41-6a-530
;
(xv)
engaging in a motor vehicle speed contest or exhibition of speed on a highway in 
violation of Section 
41-6a-606
;
(xvi)
operating or being in actual physical control of a motor vehicle in this state 
without an ignition interlock system in violation of Section 
41-6a-518.2
; 
(xvii)
refusal of a chemical test under Subsection 
41-6a-520.1
(1); or
(xviii)
two or more offenses that:
(A)
are committed within a period of one year;
(B)
are enhanced under Section 
76-3-203.17
; and
(C)
arose from separate incidents.
(b)
The division shall immediately revoke the license of a person upon receiving a 
record of an adjudication under Section 
80-6-701
 for:
(i)
a 
felony 
violation of Section 
76-10-508
 or 
76-10-508.1
76-11-209
 involving the 
discharging or allowing the discharging of a firearm from a vehicle or a violation 
of Section 
76-11-210
 involving discharging or allowing the discharge of a firearm 
from a vehicle; or
(ii)
using, allowing the use of, or causing to be used any explosive, chemical, or 
incendiary device from a vehicle in violation of Subsection 
76-10-306
(4)(b).
(c)
(i)
Except when action is taken under Section 
53-3-219
 for the same offense, upon 
receiving a record of conviction, the division shall immediately suspend for six 
months the license of the convicted person if the person was convicted of 
violating any one of the following offenses while the person was an operator of a 
motor vehicle, and the court finds that a driver license suspension is likely to 
reduce recidivism and is in the interest of public safety:
(A)
Title 58, Chapter 37, Utah Controlled Substances Act;
(B)
Title 58, Chapter 37a, Utah Drug Paraphernalia Act;
(C)
Title 58, Chapter 37b, Imitation Controlled Substances Act;
(D)
Title 58, Chapter 37c, Utah Controlled Substance Precursor Act;
(E)
Title 58, Chapter 37d, Clandestine Drug Lab Act; or
(F)
any criminal offense that prohibits possession, distribution, manufacture, 
cultivation, sale, or transfer of any substance that is prohibited under the acts 
described in Subsections (1)(c)(i)(A) through (E), or the attempt or conspiracy 
to possess, distribute, manufacture, cultivate, sell, or transfer any substance that 
is prohibited under the acts described in Subsections (1)(c)(i)(A) through (E).
(ii)
Notwithstanding the provisions in Subsection (1)(c)(i), the division shall reinstate 
a person's driving privilege before completion of the suspension period imposed 
under Subsection (1)(c)(i) if the reporting court notifies the Driver License 
Division, in a manner specified by the division, that the defendant is participating 
in or has successfully completed a drug court program as defined in Section 
78A-5-201
.
(iii)
If a person's driving privilege is reinstated under Subsection (1)(c)(ii), the person 
is required to pay the license reinstatement fees under Subsection 
53-3-105
(26).
(iv)
The court shall notify the division, in a manner specified by the division, if a 
person fails to complete all requirements of the drug court program.
(v)
Upon receiving the notification described in Subsection (1)(c)(iv), the division 
shall suspend the person's driving privilege for a period of six months from the 
date of the notice, and no days shall be subtracted from the six-month suspension 
period for which a driving privilege was previously suspended under Subsection 
(1)(c)(i).
(d)
(i)
The division shall immediately suspend a person's driver license for conviction 
of the offense of theft of motor vehicle fuel under Section 
76-6-404.7
 if the 
division receives:
(A)
an order from the sentencing court requiring that the person's driver license be 
suspended; and
(B)
a record of the conviction.
(ii)
An order of suspension under this section is at the discretion of the sentencing 
court, and may not be for more than 90 days for each offense.
(e)
(i)
The division shall immediately suspend for one year the license of a person 
upon receiving a record of:
(A)
conviction for the first time for a violation under Section 
32B-4-411
; or
(B)
an adjudication under Section 
80-6-701
 for a violation under Section 
32B-4-411
.
(ii)
The division shall immediately suspend for a period of two years the license of a 
person upon receiving a record of:
(A)
(I)
conviction for a second or subsequent violation under Section 
32B-4-411
; 
and
(II)
the violation described in Subsection (1)(e)(ii)(A)(I) is within 10 years of a 
prior conviction for a violation under Section 
32B-4-411
; or
(B)
(I)
a second or subsequent adjudication under Section 
80-6-701
 for a 
violation under Section 
32B-4-411
; and
(II)
the adjudication described in Subsection (1)(e)(ii)(B)(I) is within 10 years 
of a prior adjudication under Section 
80-6-701
 for a violation under Section 
32B-4-411
.
(iii)
Upon receipt of a record under Subsection (1)(e)(i) or (ii), the division shall:
(A)
for a conviction or adjudication described in Subsection (1)(e)(i):
(I)
impose a suspension for one year beginning on the date of conviction; or
(II)
if the person is under the age of eligibility for a driver license, impose a 
suspension that begins on the date of conviction and continues for one year 
beginning on the date of eligibility for a driver license; or
(B)
for a conviction or adjudication described in Subsection (1)(e)(ii):
(I)
impose a suspension for a period of two years; or
(II)
if the person is under the age of eligibility for a driver license, impose a 
suspension that begins on the date of conviction and continues for two years 
beginning on the date of eligibility for a driver license.
(iv)
Upon receipt of the first order suspending a person's driving privileges under 
Section 
32B-4-411
, the division shall reduce the suspension period under 
Subsection (1)(e)(i) if ordered by the court in accordance with Subsection 
32B-4-411
(3)(a).
(v)
Upon receipt of the second or subsequent order suspending a person's driving 
privileges under Section 
32B-4-411
, the division shall reduce the suspension 
period under Subsection (1)(e)(ii) if ordered by the court in accordance with 
Subsection 
32B-4-411
(3)(b).
(f)
The division shall immediately suspend a person's driver license for the conviction of 
an offense that is enhanced under Section 
76-3-203.17
 if the division receives:
(i)
an order from the sentencing court requiring the person's driver license to be 
suspended; and
(ii)
a record of the conviction.
(2)
The division shall extend the period of the first denial, suspension, revocation, or 
disqualification for an additional like period, to a maximum of one year for each 
subsequent occurrence, upon receiving:
(a)
a record of the conviction of any person on a charge of driving a motor vehicle while 
the person's license is denied, suspended, revoked, or disqualified;
(b)
a record of a conviction of the person for any violation of the motor vehicle law in 
which the person was involved as a driver;
(c)
a report of an arrest of the person for any violation of the motor vehicle law in which 
the person was involved as a driver; or
(d)
a report of an accident in which the person was involved as a driver.
(3)
When the division receives a report under Subsection (2)(c) or (d) that a person is 
driving while the person's license is denied, suspended, disqualified, or revoked, the 
person is entitled to a hearing regarding the extension of the time of denial, suspension, 
disqualification, or revocation originally imposed under Section 
53-3-221
.
(4)
(a)
The division may extend to a person the limited privilege of driving a motor 
vehicle to and from the person's place of employment or within other specified limits 
on recommendation of the judge in any case where a person is convicted of any of 
the offenses referred to in Subsections (1) and (2) except:
(i)
those offenses referred to in Subsections (1)(a)(i), (ii), (iii), (xi), (xii), (xiii), (1)(b), 
and (1)(c)(i); and
(ii)
those offenses referred to in Subsection (2) when the original denial, suspension, 
revocation, or disqualification was imposed because of a violation of Section 
41-6a-502
, 
41-6a-517
, a local ordinance that complies with the requirements of 
Subsection 
41-6a-510
(1), Section 
41-6a-520
, 
41-6a-520.1
, 
76-5-102.1
, or 
76-5-207
, 
or a criminal prohibition that the person was charged with violating as a result of a 
plea bargain after having been originally charged with violating one or more of 
these sections or ordinances, unless:
(A)
the person has had the period of the first denial, suspension, revocation, or 
disqualification extended for a period of at least three years;
(B)
the division receives written verification from the person's primary care 
physician or physician assistant that:
(I)
to the physician's or physician assistant's knowledge the person has not used 
any narcotic drug or other controlled substance except as prescribed by a 
licensed medical practitioner within the last three years; and
(II)
the physician or physician assistant is not aware of any physical, 
emotional, or mental impairment that would affect the person's ability to 
operate a motor vehicle safely; and
(C)
for a period of one year prior to the date of the request for a limited driving 
privilege:
(I)
the person has not been convicted of a violation of any motor vehicle law in 
which the person was involved as the operator of the vehicle;
(II)
the division has not received a report of an arrest for a violation of any 
motor vehicle law in which the person was involved as the operator of the 
vehicle; and
(III)
the division has not received a report of an accident in which the person 
was involved as an operator of a vehicle.
(b)
(i)
Except as provided in Subsection (4)(b)(ii), the discretionary privilege 
authorized in this Subsection (4):
(A)
is limited to when undue hardship would result from a failure to grant the 
privilege; and
(B)
may be granted only once to any person during any single period of denial, 
suspension, revocation, or disqualification, or extension of that denial, 
suspension, revocation, or disqualification.
(ii)
The discretionary privilege authorized in Subsection (4)(a)(ii):
(A)
is limited to when the limited privilege is necessary for the person to commute 
to school or work; and
(B)
may be granted only once to any person during any single period of denial, 
suspension, revocation, or disqualification, or extension of that denial, 
suspension, revocation, or disqualification.
(c)
A limited CDL may not be granted to a person disqualified under Part 4, Uniform 
Commercial Driver License Act, or whose license has been revoked, suspended, 
cancelled, or denied under this chapter.
Section 14, Section 
53-5a-101.5
 is enacted to read:
5a. FIREARM LAWS
1. General Firearm Laws
53-5a-101.5
. Definitions.
As used in this part:
(1)
"Ammunition" means the same as that term is defined in Section 
53-5d-102
.
(2)
(a)
"Antique firearm" means:
(i)
a firearm, including a firearm with a matchlock, flintlock, percussion cap, or 
similar type of ignition system, manufactured in or before 1898;
(ii)
a firearm that is a replica of a firearm described in this Subsection (2)(a), if the 
replica:
(A)
is not designed or redesigned for using rimfire or conventional centerfire fixed 
ammunition; or
(B)
uses rimfire or centerfire fixed ammunition which is no longer manufactured 
in the United States and is not readily available in ordinary channels of 
commercial trade; or
(iii)
a firearm that:
(A)
is a muzzle loading rifle, shotgun, or pistol; and
(B)
is designed to use black powder, or a black powder substitute, and cannot use 
fixed ammunition.
(b)
"Antique firearm" does not include:
(i)
a weapon that incorporates a firearm frame or receiver;
(ii)
a firearm that is converted into a muzzle loading weapon; or
(iii)
a muzzle loading weapon that can be readily converted to fire fixed ammunition 
by replacing the:
(A)
barrel;
(B)
bolt;
(C)
breechblock; or
(D)
any combination of Subsection (2)(b)(iii)(A), (B), or (C).
(3)
"Bureau" means the Bureau of Criminal Identification created in Section 
53-10-201
within the department.
(4)
(a)
"Concealed firearm" means a firearm that is:
(i)
covered, hidden, or secreted in a manner that the public would not be aware of the 
firearm's presence; and
(ii)
readily accessible for immediate use.
(b)
"Concealed firearm" does not include a firearm that is unloaded and securely encased.
(5)
"Court commissioner" means an individual appointed under Section 
78A-5-107
.
(6)
"Dangerous weapon" means the same as that term is defined in Section 
76-11-101
.
(7)
"Directive" means the same as that term is defined in Section 
78B-6-2301
.
(8)
"Firearm" means a pistol, revolver, shotgun, short barreled shotgun, rifle or short 
barreled rifle, or a device that could be used as a dangerous weapon from which is 
expelled a projectile by action of an explosive.
(9)
"Firearm accessory" means the same as that term is defined in Section 
53-5a-401
.
(10)
"Handgun" means a pistol, revolver, or other firearm of any description, from which a 
shot, bullet, or other missile can be discharged, the length of which, not including any 
revolving, detachable, or magazine breech, does not exceed 12 inches.
(11)
"Judge" means the same as that term is defined in Section 
53-5a-311
.
(12)
"Law enforcement official" means the same as that term is defined in Section 
53-5a-311
.
(13)
"Local or state governmental entity" means the same as that term is defined in Section 
78B-6-2301
.
(14)
"Readily accessible for immediate use" means that a firearm or other dangerous 
weapon is carried on the person or within such close proximity and in such a manner 
that the weapon can be retrieved and used as readily as if carried on the person.
(15)
"Securely encased firearm" means the same as that term is defined in Section 
76-11-201
.
(16)
"Short barreled rifle" means the same as that term is defined in Section 
53-5a-601
.
(17)
"Short barreled shotgun" means the same as that term is defined in Section 
53-5a-601
.
(18)
"Shotgun" means the same as that term is defined in Section 
53-5a-601
.
(19)
"Slug" means the same as that term is defined in Section 
53-5a-601
.
Section 15, Section 
53-5a-102
 is amended to read:
53-5a-102
. Uniform firearms laws.
(1)
As used in this section:
(a)
"Ammunition" means the same as that term is defined in Section 
53-5d-102
.
(b)
"Dangerous weapon" means the same as that term is defined in Section 
76-10-501
.
(c)
"Firearm" means:
(i)
a pistol, revolver, shotgun, short barreled shotgun, rifle or short barreled rifle, or a 
device that could be used as a dangerous weapon from which is expelled a 
projectile by action of an explosive;
(ii)
ammunition; and
(iii)
a firearm accessory.
(d)
"Firearm accessory" means the same as that term is defined in Section 
53-5b-103
.
(e)
"Local or state governmental entity" means the same as that term is defined in 
Section 
78B-6-2301
.
(f)
"Short barreled shotgun" or "short barreled rifle" means the same as that term is 
defined in Section 
76-10-501
.
(g)
"Shotgun" means the same as that term is defined in Section 
76-10-501
.
(2)
(1)
The individual right to keep and bear arms being a constitutionally protected right 
under 
Utah Constitution, 
Article I, Section 6
 of the Utah Constitution
,
 and the Second 
Amendment to the United States Constitution, the Legislature finds the need to provide 
uniform civil and criminal firearm laws throughout the state and declares that the 
Legislature occupies the whole field of state regulation of firearms.
(3)
(2)
Except as specifically provided by state law, a local or state governmental entity 
may not:
(a)
prohibit an individual from owning, possessing, purchasing, selling, transferring, 
transporting, or keeping a firearm
, ammunition, or a firearm accessory
 at the 
individual's place of residence, property, business, or in any vehicle 
lawfully in the 
individual's possession or lawfully under the individual's control
in which the 
individual is lawfully present
; or
(b)
require an individual to have a permit or license to purchase, own, possess, transport, 
or keep a firearm
, ammunition, or a firearm accessory
.
(4)
(3)
In conjunction with 
Title 76, Chapter 10, Part 5, Weapons
, this section is
This part 
and Title 76, Chapter 11, Weapons, are
 uniformly applicable throughout 
this
the
 state 
and in all the 
state's 
political subdivisions
 of the state
.
(5)
(4)
Authority to regulate firearms
, ammunition, and firearm accessories
 is reserved to 
the state except where the Legislature specifically delegates responsibility to local or 
state governmental entities.
(6)
(5)
Unless specifically authorized by the Legislature by statute, a local or state 
governmental entity may not enact, establish, or enforce 
any ordinance, regulation, rule, 
or policy
a directive
 pertaining to firearms
, ammunition, or firearm accessories
 that in 
any way inhibits or restricts the possession, ownership, purchase, sale, transfer, 
transport, or use of firearms
, ammunition, or firearm accessories
 on either public or 
private property.
(7)
(6)
This section does not restrict or expand private property rights.
(8)
(7)
A violation of this section is subject to 
Title 78B, Chapter 6, Part 23, Firearm 
Preemption Enforcement Act
.
Section 16, Section 
53-5a-102.1
 is enacted to read:
53-5a-102.1
. When a firearm is considered to be loaded.
For the purpose of this chapter, a firearm is considered to be loaded if the firearm meets 
the conditions described in Subsection 
76-11-102(1)
.
Section 17, Section 
53-5a-102.2
 is enacted to read:
53-5a-102.2
. Open and concealed carry of a firearm outside of an individual's 
residence.
(1)
To effectuate the Second Amendment to the United States Constitution and Utah 
Constitution, Article I, Section 6, that prohibit the infringement of the right of the people 
of Utah to keep and bear arms for security and defense of self, family, others, property, 
or the state, as well as for other lawful purposes, and consistent with the Legislature's 
ability to define the lawful use of arms:
(a)
subject to Subsections 
(2)(a)
 and (b), an individual 18 years old or older but younger 
than 21 years old without a provisional carry permit issued under Section 
53-5a-305
may only carry in an open manner:
(i)
an unloaded rifle, shotgun, or muzzle-loading rifle in a vehicle in which the 
individual is lawfully present;
(ii)
an unloaded or loaded handgun in a vehicle in which the individual is lawfully 
present; and
(iii)
an unloaded firearm that the individual may otherwise lawfully carry, on a public 
street;
(b)
subject to Subsections (2)(a) and (b), an individual 21 years old or older may open or 
conceal carry, without a conceal carry permit:
(i)
an unloaded or loaded firearm:
(A)
on a public street; or
(B)
in any other place not prohibited by, or pursuant to, state statute or federal law;
(ii)
an unloaded or loaded handgun in a vehicle in which the individual is lawfully 
present; and
(iii)
an unloaded rifle, shotgun, or muzzle-loading rifle in a vehicle in which the 
individual is lawfully present; and
(c)
subject to Subsections (2)(c) and (d), an individual 18 years old or older with a 
concealed carry permit issued under Section 
53-5a-303
, a temporary concealed carry 
permit issued under Section 
53-5a-304
, a provisional concealed carry permit issued 
under Section 
53-5a-305
, or a concealed carry permit lawfully issued by or in another 
state, may open or conceal carry a loaded or unloaded firearm:
(i)
in a vehicle in which the individual is lawfully present;
(ii)
on a public street; or
(iii)
in any other place not prohibited by, or pursuant to, state statute or federal law.
(2)
(a)
An individual openly carrying a firearm under Subsection 
(1)(a)
 or (b) without a 
concealed carry permit may not carry the firearm:
(i)
in a secure area established in accordance with Section 
76-8-311.1
 in which 
dangerous weapons are prohibited and notice of the prohibition is posted;
(ii)
on or about the premises of a public or private elementary school or secondary 
school as described in Section 
76-11-205
;
(iii)
on or about the premises of an institution of higher education as described in 
Section 
76-11-205.5
;
(iv)
on or about the premises of a daycare as described in Section 
76-11-206
;
(v)
in an airport secure area as described in Section 
76-11-218
;
(vi)
in a house of worship or in any private residence where dangerous weapons are 
prohibited as described in Section 
76-11-219
; or
(vii)
in any other place prohibited by, or pursuant to, another state statute or federal 
law.
(b)
An individual 21 years old or older concealing a firearm without a concealed carry 
permit under Subsection 
(1)(b)
 may not carry the firearm:
(i)
in a secure area established in accordance with Section 
76-8-311.1
 in which 
dangerous weapons are prohibited and notice of the prohibition is posted;
(ii)
on or about the school premises of a public or private elementary school or 
secondary school as described in Section 
76-11-205
;
(iii)
on or about the premises of an institution of higher education as described in 
Section 
76-11-205.5
;
(iv)
on or about a daycare premises as described in Section 
76-11-206
;
(v)
in an airport secure area as described in Section 
76-11-218
;
(vi)
in a house of worship or in any private residence where dangerous weapons are 
prohibited as described in Section 
76-11-219
; or
(vii)
in any other place prohibited by, or pursuant to, another state statute or federal 
law.
(c)
Subject to Subsection 
(2)(d)
, an individual with a concealed carry permit under 
Subsection 
(1)(c)
 may not carry the firearm in any manner:
(i)
in a secure area established in accordance with Section 
76-8-311.1
 in which 
dangerous weapons are prohibited and notice of the prohibition posted;
(ii)
in an airport secure area as described in Section 
76-11-218
;
(iii)
in a house of worship or in any private residence where dangerous weapons are 
prohibited as described in Section 
76-11-219
; or
(iv)
in any other place prohibited by, or pursuant to, another state statute or federal 
law.
(d)
In addition to the locations described in Subsection 
(2)(c)
:
(i)
an individual 18 years old but younger than 21 years old with a provisional 
concealed carry permit under Section 
53-5a-304
 may not carry the firearm in any 
manner on or about the premises of a public or private elementary school or 
secondary school as described in Section 
76-11-205
; and
(ii)
an individual concealing a firearm only with a concealed carry permit lawfully 
issued by or in another state may not carry the firearm in any manner:
(A)
on or about the premises of a public or private elementary school or secondary 
school as described in Section 
76-11-205
;
(B)
on or about the premises of an institution of higher education as described in 
Section 
76-11-205.5
; or
(C)
on or about the premises of a daycare as described in Section 
76-11-206
.
(3)
This section does not prohibit:
(a)
the owner or lawful possessor of a vehicle from prohibiting another individual from 
carrying a firearm in the owner or lawful possessor's vehicle; or
(b)
except as provided in Section 
53-5a-102.3
, the owner or lawful lessee of private real 
property from prohibiting another individual from possessing a firearm on the 
property.
(4)
An individual is lawfully present in a vehicle while carrying a firearm under this section 
if:
(a)
the vehicle is in the lawful possession of the individual; or
(b)
the individual has the consent of the person lawfully in possession of the vehicle to 
carry the firearm in the vehicle.
Section 18, Section 
53-5a-102.3
, which is renumbered from Section 76-10-511 is renumbered 
and amended to read:
76-10-511
53-5a-102.3
. Possession of a firearm at a residence or on real 
property.
(1)
Except for 
persons described in Section 
76-10-503
 and
an individual categorized 
as a restricted person under Section 
76-11-302
, Section 
76-11-303
, or
 18 U.S.C. Sec. 
922(g)
 and as 
, or an individual 
otherwise 
prescribed in this part, a person
prohibited 
by law, an individual 18 years old or older
 may have
, and cannot be restricted from 
having,
 a loaded
 or unloaded
 firearm:
(1)
(a)
at the 
person's
individual's
 place of residence
, including any temporary 
residence or camp
; or
(2)
(b)
on the 
person's
individual's
 real property.
(2)
An individual's place of residence described in Subsection (1)(a) includes:
(a)
a temporary residence or camp; or
(b)
a residence that the individual has been granted the lawful right of possession to rent 
or lease.
Section 19, Section 
53-5a-103
 is amended to read:
53-5a-103
. Discharge of a firearm on private property -- Liability.
(1)
As used in this section:
(a)
"Firearm possessor" means an individual who may lawfully possess a firearm.
(b)
"Property occupant" means:
(i)
a private property owner; or
(ii)
a person
an individual
 who has the right to occupy a private property under an 
agreement.
(2)
Except as provided under Subsection 
(3)
, a property occupant, who knowingly allows a 
firearm possessor to lawfully bring a firearm onto the 
property 
occupant's property, is 
not civilly or criminally liable for any damage or harm resulting from the discharge of 
the firearm by the firearm possessor while on the 
property 
occupant's property.
(3)
Subsection 
(2)
 does not apply if the property occupant solicits, requests, commands, 
encourages, or intentionally aids the firearm possessor in discharging the firearm while 
on the
 property
 occupant's property for a purpose other than the lawful defense of an 
individual on the property.
(4)
This section does not alter the responsibilities a tenant owes to a landlord under the 
terms of the lease agreement entered into between the tenant and landlord.
Section 20, Section 
53-5a-105
, which is renumbered from Section 76-10-520 is renumbered 
and amended to read:
76-10-520
53-5a-105
. Number or mark assigned to a handgun by the 
department.
(1)
The 
Department of Public Safety
department,
 upon request
,
 may assign a 
distinguishing number or mark of identification to 
any pistol or revolver
a handgun
whenever it is without a manufacturer's number, or other mark of identification or 
whenever the manufacturer's number or other mark of identification or the 
distinguishing number or mark assigned by the 
Department of Public Safety
department
has been destroyed or obliterated.
(2)
Except as provided in Subsection 
(3)
, an individual who places or stamps a mark of 
identification or distinguishing number on a handgun except one assigned to the 
handgun by the department is guilty of a class A misdemeanor.
(3)
This section does not:
(a)
prohibit restoration by the owner of the name of the maker, model, or of the original 
manufacturer's number or other mark of identification when the restoration is 
authorized by the department;
(b)
prohibit a manufacturer from placing in the ordinary course of business the name of 
the make, model, manufacturer's number, or other mark of identification upon a new 
handgun; or
(c)
apply to a handgun that is an antique firearm.
Section 21, Section 
53-5a-106
, which is renumbered from Section 76-10-522 is renumbered 
and amended to read:
76-10-522
53-5a-106
. Alteration of number or mark on a handgun.
(1)
Any person who changes, alters, removes, or obliterates
An individual may not 
change, alter, remove, or obliterate
 the name of the maker, the model, manufacturer's 
number, or other mark of identification, including any distinguishing number or mark 
assigned by the 
Department of Public Safety
department
, on 
any pistol or revolver
a 
handgun
, without first having secured written permission from the 
Department of 
Public Safety
department
 to make the change, alteration, 
or
 removal,
 is guilty of a 
class A misdemeanor
or obliteration
.
(2)
Except as provided in Subsection 
(3)
, a violation of Subsection 
(1)
 is a class A 
misdemeanor.
(3)
This section does not apply to a handgun that is an antique firearm.
Section 22, Section 
53-5a-107
, which is renumbered from Section 76-10-523.5 is renumbered 
and amended to read:
76-10-523.5
53-5a-107
. Compliance with firearms prohibitions in secure 
facilities.
Any person
An individual
, including 
a person licensed to carry
an individual with
 a 
concealed firearm 
permit issued 
under 
Title 53, Chapter 5, Part 7, Concealed Firearm Act
Part 
3, Concealed Firearm Permits
,
 or possessing a concealed firearm without a permit in 
accordance with Section 
53-5a-102.2
,
 shall comply with any rule established for 
secure 
facilities
a secure facility
 pursuant to 
Sections 
53B-3-103
,
Section
76-8-311.1
, 
76-8-311.3
, 
and 
78A-2-203
 and 
shall be
is
 subject to any penalty provided 
in those sections
for violating 
the established rule
.
Section 23, Section 
53-5a-108
, which is renumbered from Section 76-10-523 is renumbered 
and amended to read:
76-10-523
53-5a-108
. Individuals who are exempt from certain weapons laws.
(1)
Except 
for Sections 
76-10-506
, 
76-10-508
, and 
76-10-508.1
, this part and 
Title 53, 
Chapter 5, Part 7, Concealed Firearm Act
,
as provided in Subsections 
(2)
 and (3), this 
part, Part 3, Concealed Firearm Permits, and Title 76, Chapter 11, Weapons,
 do not 
apply to any of the following:
(a)
a United States marshal;
(b)
a federal official required to carry a firearm;
(c)
a peace officer of
 this or
 any 
other 
jurisdiction;
(d)
a law enforcement official 
as defined and qualified under Section 
53-5-711
with a 
certificate issued under Section 
53-5a-311(4)
;
(e)
a judge 
as defined and qualified under Section 
53-5-711
with a certificate issued 
under Section 
53-5a-311(4)
;
(f)
a court commissioner 
as defined and qualified under Section 
53-5-711
with a 
certificate issued under Section 
53-5a-311(4)
; or
(g)
a common carrier while engaged in the regular and ordinary transport of firearms as 
merchandise.
(2)
Subsection 
(1)
 does not apply to Section 
76-11-207
, 
76-11-209
, or 
76-11-210
.
(2)
(3)
Notwithstanding Subsection 
(1)
, the provisions of Section 
76-10-528
76-11-217
apply to any individual listed in Subsection 
(1)
 who is not employed by a state or federal 
agency or political subdivision that has adopted a policy or rule regarding the use of 
dangerous weapons.
(3)
Subsections 
76-10-504(1)
 and 
(2)
, and Section 
76-10-505
 do not apply to:
(a)
an individual to whom a permit to carry a concealed firearm has been issued:
(i)
pursuant to Section 
53-5-704
; or
(ii)
by another state or county; or
(b)
a person who is issued a protective order under Subsection 
78B-7-603(1)(b)
 or 
78B-7-404(1)(b)
, unless the person is a restricted person as described in Subsection 
76-10-503(1)
, for a period of 120 days after the day on which the person is issued the 
protective order.
(4)
Except for Sections 
76-10-503
, 
76-10-506
, 
76-10-508
, and 
76-10-508.1
, this part and 
Title 53, Chapter 5, Part 7, Concealed Firearm Act
, do not apply to a nonresident 
traveling in or though the state, provided that any firearm is:
(a)
unloaded; and
(b)
securely encased as defined in Section 
76-10-501
.
(5)
Subsections 
76-10-504(1)
 and 
(2)
, and 
76-10-505(1)(b)
 do not apply to a person 21 
years old or older who may otherwise lawfully possess a firearm.
Section 24, Section 
53-5a-202
 is amended to read:
53-5a-202
. Definitions.
As used in this part:
(1)
(a)
"Federal regulation" means a federal executive order, rule, or regulation that 
infringes upon, prohibits, restricts, or requires individual licensure for, or registration 
of, the purchase, ownership, possession, transfer, or use of a firearm, ammunition, or 
firearm accessory.
(b)
"Federal regulation" does not include:
(i)
a federal firearm statute; or
(ii)
a federal executive order, rule, or regulation that is incorporated into the Utah 
Code by reference.
(2)
"Firearm" means the same as that term is defined in Section 
76-10-501
76-11-101
.
(3)
"Law enforcement officer" means the same as that term is defined in Section 
53-13-103
.
(4)
"Political subdivision" means a city, town, county, special district, or water conservancy 
district.
Section 25, Section 
53-5a-301
, which is renumbered from Section 53-5-702 is renumbered 
and amended to read:
3. Concealed Firearm Permits
53-5-702
53-5a-301
. Definitions.
In addition to the definitions in Section 
76-10-501
, as
As
 used in this part:
(1)
"Active duty service member" means 
a person
an individual
 on active military duty 
with the United States military and includes full time military active duty, military 
reserve active duty, and national guard military active duty service members stationed in 
Utah.
(2)
"Active duty service member spouse" means 
a person
an individual
 recognized by the 
military as the spouse of an active duty service member and who resides with the active 
duty service member in Utah.
(3)
"Board" means the Concealed Firearm Review Board created in Section 
53-5-703
53-5a-302
.
(4)
"Bureau" means the Bureau of Criminal Identification created in Section 
53-10-201
within the 
Department of Public Safety
department
.
(5)
"Concealed firearm" means the same as that term is defined in Section 
53-5a-101.5
.
(5)
"Commissioner" means the commissioner of the Department of Public Safety.
(6)
"Conviction" means criminal conduct 
where
in which
 the filing of a criminal charge 
has resulted in:
(a)
a finding of guilt based on evidence presented to a judge or jury;
(b)
a guilty plea;
(c)
a plea of nolo contendere;
(d)
a plea of guilty or nolo contendere 
which
that
 is held in abeyance pending the 
successful completion of probation;
(e)
a pending diversion agreement; or
(f)
a conviction 
which
that
 has been reduced in accordance with Section 
76-3-402
.
(7)
"Dangerous weapon" means the same as that term is defined in Section 
76-11-101
.
(8)
"Domestic violence" means the same as that term is defined in Section 
77-36-1
.
(9)
"Firearm" means the same as that term is defined in Section 
53-5a-101.5
.
(7)
(10)
(a)
"School employee" means an employee of a public school district, charter 
school, or private school whose duties, responsibilities, or assignments require the 
employee to be physically present on a school's campus at least half of the days on 
which school is held during a school year.
(b)
"School employee" also means a substitute teacher, as defined in Section 
53E-6-901
.
(8)
(11)
"School year" means the period of time designated by a local school board, charter 
school governing board, or private school as the school year for high school, middle 
school, or elementary school students.
Section 26, Section 
53-5a-302
, which is renumbered from Section 53-5-703 is renumbered 
and amended to read:
53-5-703
53-5a-302
. Concealed Firearm Review Board -- Membership -- 
Compensation -- Terms -- Duties.
(1)
There is created within the bureau the Concealed Firearm Review Board.
(2)
(a)
The board is comprised of not more than five members appointed by the 
commissioner on a bipartisan basis.
(b)
The board shall include a member representing law enforcement and at least two 
citizens, one of whom represents sporting interests.
(3)
(a)
Except as required by Subsection 
(3)(b)
, as terms of current board members 
expire, the commissioner shall appoint each new member or reappointed member to a 
four-year term.
(b)
Notwithstanding the requirements of Subsection 
(3)(a)
, the commissioner shall, at 
the time of appointment or reappointment, adjust the length of terms to ensure that 
the terms of board members are staggered so that approximately half of the board is 
appointed every two years.
(4)
When a vacancy occurs in the membership for any reason, the replacement shall be 
appointed for the unexpired term.
(5)
A member may not receive compensation or benefits for the member's service, but may 
receive per diem and travel expenses in accordance with:
(a)
Section 
63A-3-106
;
(b)
Section 
63A-3-107
; and
(c)
rules made by the Division of Finance pursuant to Sections 
63A-3-106
 and 
63A-3-107
.
(6)
The board shall meet at least quarterly, unless the board has no business to conduct 
during that quarter.
(7)
The board, upon receiving a timely filed petition for review, shall review within a 
reasonable time the denial, suspension, or revocation of a permit or a temporary permit 
to carry a concealed firearm.
Section 27, Section 
53-5a-303
, which is renumbered from Section 53-5-704 is renumbered 
and amended to read:
53-5-704
53-5a-303
. Bureau duties -- Permit to carry concealed firearm -- 
Certification for concealed firearms instructor -- Requirements for issuance -- Violation 
-- Denial, suspension, or revocation -- Appeal procedure.
(1)
(a)
Except as provided in Subsection (1)(b), the bureau shall issue a 
concealed carry 
permit 
to carry
allowing the carrying of
 a concealed firearm for lawful self defense 
to an applicant who is 21 years old or older within 60 days after receiving an 
application, unless the bureau finds proof that the applicant is not qualified to hold a 
permit under Subsection (2) or (3).
(b)
(i)
Within 90 days before the day on which a provisional permit holder under 
Section 
53-5-704.5
53-5a-304
 reaches 21 years old, the provisional permit holder 
may apply under this section for a permit to carry a concealed firearm for lawful 
self defense.
(ii)
The bureau shall issue a permit for an applicant under Subsection (1)(b)(i) within 
60 days after receiving an application, unless the bureau finds proof that the 
applicant is not qualified to hold a permit under Subsection (2) or (3).
(iii)
A permit issued under this Subsection (1)(b):
(A)
is not valid until an applicant is 21 years old; and
(B)
requires a $10 application fee.
(iv)
A person
An individual
 who applies for a permit under this Subsection (1)(b) is 
not required to retake the firearms training described in Subsection 
53-5-704
(8)
53-5a-303(8)
.
(c)
The
A concealed firearm
 permit
 issued in accordance with this section
 is valid 
throughout the state for five years, without restriction, except as otherwise provided 
by Section 
53-5-710
53-5a-102.2
.
(d)
The provisions of Subsections 
76-10-504
(1) and (2), and Section 
76-10-505
 do not 
apply to an individual issued a permit under Subsection (1)(a) or (b).
(e)
(d)
Subsection (4)(a) does not apply to a nonresident:
(i)
active duty service member, who presents to the bureau orders requiring the active 
duty service member to report for duty in this state; or
(ii)
active duty service member's spouse, stationed with the active duty service 
member, who presents to the bureau the active duty service member's orders 
requiring the service member to report for duty in this state.
(2)
(a)
The bureau may deny, suspend, or revoke a concealed firearm permit if the 
applicant or permit holder:
(i)
has been or is convicted of a felony;
(ii)
has been or is convicted of a crime of violence;
(iii)
has been or is convicted of an offense involving the use of alcohol;
(iv)
has been or is convicted of an offense involving the unlawful use of narcotics or 
other controlled substances;
(v)
has been or is convicted of an offense involving moral turpitude;
(vi)
has been or is convicted of an offense involving domestic violence;
(vii)
has been or is adjudicated by a state or federal court as mentally incompetent, 
unless the adjudication has been withdrawn or reversed; 
and
or
(viii)
is not qualified to purchase and possess a firearm pursuant 
to Section 
76-10-503
 and
to Title 76, Chapter 11, Part 3, Persons Restricted Regarding 
Dangerous Weapons, or
 federal law.
(b)
In determining whether an applicant or permit holder is qualified to hold a 
concealed 
firearm 
permit under Subsection (2)(a), the bureau shall consider mitigating 
circumstances.
(3)
(a)
The bureau may deny, suspend, or revoke a concealed firearm permit if 
it
the 
bureau
 has reasonable cause to believe that the applicant or 
concealed firearm 
permit 
holder has been or is a danger to self or others as demonstrated by evidence, 
including:
(i)
past pattern of behavior involving unlawful violence or threats of unlawful 
violence;
(ii)
past participation in incidents involving unlawful violence or threats of unlawful 
violence; or
(iii)
conviction of an offense in 
violation of Title 76, Chapter 10, Part 5, Weapons
Title 76, Chapter 11, Weapons
.
(b)
The bureau may not deny, suspend, or revoke a concealed firearm permit solely for a 
single conviction of an infraction violation of 
Title 76, Chapter 10, Part 5, Weapons
an offense in Title 76, Chapter 11, Weapons
.
(c)
In determining whether the applicant or 
concealed firearm 
permit holder has been or 
is a danger to self or others, the bureau may inspect:
(i)
expunged records of arrests and convictions of adults as provided in Section 
77-40a-403
; and
(ii)
juvenile court records as provided in Section 
78A-6-209
.
(d)
(i)
The bureau shall suspend a concealed firearm permit if 
a
the
 permit holder 
becomes a temporarily restricted person in accordance with Section 
53-5c-301
53-5a-504
.
(ii)
Upon removal from the temporary restricted list
 described in Section 
53-5a-504
, 
the 
concealed firearm 
permit holder's permit shall be reinstated unless:
(A)
the 
concealed firearm 
permit has been revoked, been suspended for a reason 
other than the restriction described in Subsection (3)(d)(i), or expired; or
(B)
the 
concealed firearm 
permit holder has become a restricted person under 
Section 
76-10-503
76-11-302
 or 
76-11-303
.
(4)
(a)
In addition to meeting the other qualifications for the issuance of a concealed 
firearm permit under this section, a nonresident applicant who resides in a state that 
recognizes the validity of the Utah permit or has reciprocity with Utah's concealed 
firearm permit law shall:
(i)
hold a current concealed firearm or concealed weapon permit issued by the 
appropriate permitting authority of the nonresident applicant's state of residency; 
and
(ii)
submit a photocopy or electronic copy of the nonresident applicant's current 
concealed firearm or concealed weapon permit referred to in Subsection (4)(a)(i).
(b)
A nonresident applicant who knowingly and willfully provides false information to 
the bureau under Subsection (4)(a) is prohibited from holding a Utah concealed 
firearm permit for a period of 10 years.
(c)
Subsection (4)(a) applies to
:
(i)
all applications for the issuance of a concealed firearm permit 
that are 
received 
by the bureau
 after May 10, 2011.
; and
(d)
Beginning January 1, 2012, Subsection (4)(a) also applies to
(ii)
an application for renewal of a concealed firearm permit by a nonresident.
(5)
The bureau shall issue a concealed firearm permit to a former peace officer who departs 
full-time employment as a peace officer, in an honorable manner, within five years of 
that departure if the officer meets the requirements of this section.
(6)
Except as provided in Subsection (7), the bureau shall also require the applicant to 
provide:
(a)
the address of the applicant's permanent residence;
(b)
one recent dated photograph;
(c)
one set of fingerprints; and
(d)
evidence of general familiarity with the types of firearms to be concealed as defined 
in Subsection (8).
(7)
An applicant who is a law enforcement officer under Section 
53-13-103
 may provide a 
letter of good standing from the officer's commanding officer in place of the evidence 
required by Subsection (6)(d).
(8)
(a)
General familiarity with the types of firearms to be concealed includes training in:
(i)
the safe loading, unloading, storage, and carrying of the types of firearms to be 
concealed; and
(ii)
current laws defining lawful use of a firearm by a private citizen, including lawful 
self-defense, use of force by a private citizen, including use of deadly force, 
transportation, and concealment.
(b)
An applicant may satisfy the general familiarity requirement of Subsection (8)(a) by 
one of the following:
(i)
completion of a course of instruction conducted by a national, state, or local 
firearms training organization approved by the bureau;
(ii)
certification of general familiarity by an individual who has been certified by the 
bureau, which may include a law enforcement officer, military or civilian firearms 
instructor, or hunter safety instructor; or
(iii)
equivalent experience with a firearm through participation in an organized 
shooting competition, law enforcement, or military service.
(c)
Instruction taken by a student under this Subsection (8) shall be in person and not 
through electronic means.
(d)
A person
An individual
 applying for a renewal permit is not required to retake the 
firearms training described in this Subsection 
53-5-704
(8) 
(8) 
if the 
person
individual
:
(i)
has an unexpired permit; or
(ii)
has a permit that expired less than one year before the date on which the renewal 
application was submitted.
(9)
(a)
An applicant for certification as a Utah concealed firearms instructor shall:
(i)
be at least 21 years old;
(ii)
be currently eligible to possess a firearm under Section 
76-10-503
76-11-302
 or 
76-11-303
;
(iii)
have:
(A)
completed a firearm instruction training course from the National Rifle 
Association or another nationally recognized firearm training organization that 
customarily offers firearm safety and firearm law instructor training or the 
Department of Public Safety, Division of Peace Officer Safety Standards and 
Training; or
(B)
received training equivalent to one of the courses referred to in Subsection 
(9)(a)(iii)(A) as determined by the bureau;
(iv)
have taken a course of instruction and passed a certification test as described in 
Subsection (9)(c); and
(v)
possess a Utah concealed firearm permit.
(b)
An instructor's certification is valid for three years from the date of issuance, unless 
revoked by the bureau.
(c)
(i)
In order to obtain initial certification or renew a certification, an instructor shall 
attend an instructional course and pass a test under the direction of the bureau.
(ii)
(A)
The bureau shall provide or contract to provide the course referred to in 
Subsection (9)(c)(i) twice every year.
(B)
The course shall include instruction on current Utah law related to firearms, 
including concealed carry statutes and rules, and the use of deadly force by 
private citizens.
(d)
(i)
Each applicant for certification under this Subsection (9) shall pay a fee of 
$50.00 at the time of application for initial certification.
(ii)
The renewal fee for the certificate is $25.
(iii)
The bureau may use a fee paid under Subsections (9)(d)(i) and (ii) as a dedicated 
credit to cover the cost incurred in maintaining and improving the instruction 
program required for concealed firearm instructors under this Subsection (9).
(10)
A certified concealed firearms instructor shall provide each of the instructor's students 
with the required course of instruction outline approved by the bureau.
(11)
(a)
(i)
A concealed firearms instructor shall provide a signed certificate to an 
individual successfully completing the offered course of instruction.
(ii)
The instructor shall sign the certificate with the exact name indicated on the 
instructor's certification issued by the bureau under Subsection (9).
(iii)
(A)
The certificate shall also have affixed to it the instructor's official seal, 
which is the exclusive property of the instructor and may not be used by any 
other individual.
(B)
The instructor shall destroy the seal upon revocation or expiration of the 
instructor's certification under Subsection (9).
(C)
The bureau shall determine the design and content of the seal to include at 
least the following:
(I)
the instructor's name as it appears on the instructor's certification;
(II)
the words "Utah Certified Concealed Firearms Instructor," "state of Utah," 
and "my certification expires on (the instructor's certification expiration 
date)"; and
(III)
the instructor's business or residence address.
(D)
The seal shall be affixed to each student certificate issued by the instructor in 
a manner that does not obscure or render illegible any information or 
signatures contained in the document.
(b)
The applicant shall provide the certificate to the bureau in compliance with 
Subsection (6)(d).
(12)
The bureau may deny, suspend, or revoke the certification of an applicant or a 
concealed firearms instructor if it has reason to believe the applicant or the instructor has:
(a)
become ineligible to possess a firearm under Section 
76-10-503
76-11-302
 or 
76-11-303
,
 or federal law; or
(b)
knowingly and willfully provided false information to the bureau.
(13)
An applicant for certification or a concealed firearms instructor has the same appeal 
rights as described in Subsection (16).
(14)
In providing instruction and issuing a permit under this part, the concealed firearms 
instructor and the bureau are not vicariously liable for damages caused by the permit 
holder.
(15)
An individual who knowingly and willfully provides false information on an 
application filed under this part is guilty of a class B misdemeanor, and the application 
may be denied, or the permit may be suspended or revoked.
(16)
(a)
In the event of a denial, suspension, or revocation of a permit, the applicant or 
permit holder may file a petition for review with the board within 60 days from the 
date the denial, suspension, or revocation is received by the applicant or permit 
holder by certified mail, return receipt requested.
(b)
The bureau's denial of a permit shall be in writing and shall include the general 
reasons for the action.
(c)
If an applicant or permit holder appeals the denial to the review board, the applicant 
or permit holder may have access to the evidence upon which the denial is based in 
accordance with Title 63G, Chapter 2, Government Records Access and Management 
Act.
(d)
On appeal to the board, the bureau has the burden of proof by a preponderance of the 
evidence.
(e)
(i)
Upon a ruling by the board on the appeal of a denial, the board shall issue a 
final order within 30 days stating the board's decision.
(ii)
The final order shall be in the form prescribed by Subsection 
63G-4-203
(1)(i).
(iii)
The final order is final bureau action for purposes of judicial review under 
Section 
63G-4-402
.
(17)
The commissioner may make rules in accordance with Title 63G, Chapter 3, Utah 
Administrative Rulemaking Act, necessary to administer this chapter.
Section 28, Section 
53-5a-304
, which is renumbered from Section 53-5-704.5 is renumbered 
and amended to read:
53-5-704.5
53-5a-304
. Provisional permit to carry concealed firearm.
(1)
(a)
The bureau shall issue a provisional permit to carry a concealed firearm for lawful 
self-defense to an applicant who is 18 years 
of age, but is no older than 20 years of 
age
old but younger than 21 years old
, within 60 days after receiving an application, 
unless the bureau finds proof that the applicant does not meet the qualifications set 
forth in Subsection 
53-5-704(2)
53-5a-303(2)
.
(b)
The
Except as provided in Subsection 
(2)
, a
 provisional
 concealed carry
 permit is 
valid throughout the state until the applicant reaches the age of 21, without 
restriction, except as otherwise provided by Section 
53-5-710
53-5a-102.2
.
(2)
The bureau may deny, suspend, or revoke a provisional
 concealed carry
 permit issued 
under this section as 
set forth
described
 in Subsections 
53-5-704(2)
 and 
(3)
53-5a-303(2)
 and (3)
.
(3)
(a)
In addition to meeting the other qualifications for the issuance of a provisional
concealed carry
 permit under this section, a nonresident applicant who resides in a 
state that recognizes the validity of the Utah provisional 
concealed carry 
permit or 
has reciprocity with Utah's provisional 
concealed firearm 
permit law shall:
(i)
hold a current applicable concealed firearm or concealed weapon permit issued by 
the appropriate permitting authority of the nonresident applicant's state of 
residency; and
(ii)
submit a photocopy or electronic copy of the nonresident applicant's current 
concealed firearm or concealed weapon permit referred to in Subsection 
(3)(a)(i)
.
(b)
A nonresident applicant who knowingly and willfully provides false information to 
the bureau under Subsection 
(3)(a)
 is prohibited from holding a Utah concealed 
firearm permit of any kind for a period of 10 years.
(4)
The bureau shall also require the applicant to provide:
(a)
the address of the applicant's permanent residence;
(b)
one recent dated photograph;
(c)
one set of fingerprints; and
(d)
evidence of general familiarity with the types of firearms to be concealed as defined 
in 
Subsection 
53-5-704(8)
Section 
53-5-303
.
(5)
In the event of a decision to deny, suspend, or revoke a 
provisional concealed firearm 
permit, the applicant or permit holder under this section may appeal the decision through 
the same process set forth in Subsection 
53-5-704(16)
53-5a-303(16)
.
(6)
The applicant or permit holder of the provisional 
concealed firearm 
permit under this 
section must meet the eligibility requirements of another state, including age 
requirements, to carry a concealed firearm in that state.
Section 29, Section 
53-5a-305
, which is renumbered from Section 53-5-705 is renumbered 
and amended to read:
53-5-705
53-5a-305
. Temporary permit to carry concealed firearm -- Denial, 
suspension, or revocation -- Appeal.
(1)
The bureau or 
its
the bureau's
 designated agent may issue a temporary permit to carry a 
concealed firearm to 
a person
an individual
 who:
(a)
has applied for a permit under Section 
53-5-704
53-5a-303
;
(b)
has applied for a temporary permit under this section; and
(c)
meets the criteria required in Subsections 
(2)
 and 
(3)
.
(2)
To receive a temporary permit under this section, the applicant shall demonstrate in 
writing to the satisfaction of the bureau extenuating circumstances that would justify 
issuing a temporary permit.
(3)
A temporary permit may not be issued under this section until preliminary record 
checks regarding the applicant have been made with the National Crime Information 
Center and the bureau to determine any criminal history.
(4)
(a)
A temporary permit is valid only for a maximum of 90 days or any lesser period 
specified by the bureau, or until a permit under Section 
53-5-704
 is issued to the 
holder of the temporary permit, whichever period is shorter.
(b)
The provisions of Subsections 
76-10-504(1)
 and 
(2)
 and Section 
76-10-505
 do not 
apply to a person issued a temporary permit under this section during the time period 
for which the temporary permit is valid.
(5)
The bureau may deny, suspend, or revoke a temporary permit prior to expiration if the 
commissioner determines:
(a)
the circumstances justifying the temporary permit no longer exist; or
(b)
the holder of the temporary permit does not meet the requirements for a permit under 
Section 
53-5-704
53-5a-303
.
(6)
(a)
The denial, suspension, or revocation of a temporary permit shall be in writing 
and shall include the reasons for the action.
(b)
The bureau's decision to deny, suspend, or revoke a temporary permit may not be 
appealed to the board.
(c)
Denial, suspension, or revocation under this subsection is final action for purposes of 
judicial review under Section 
63G-4-402
.
Section 30, Section 
53-5a-306
, which is renumbered from Section 53-5-706 is renumbered 
and amended to read:
53-5-706
53-5a-306
. Permit -- Fingerprints transmitted to bureau -- Report 
from bureau.
(1)
(a)
Except as provided in Subsection 
(2)
, the fingerprints of each applicant for a 
permit under Section 
53-5-707
53-5a-307
 or 
53-5-707.5
53-5a-308
 shall be taken 
on a form prescribed by the bureau.
(b)
Upon receipt of the fingerprints, the applicant fingerprint card fee prescribed in 
Section 
53-10-108
, and the fee prescribed in Section 
53-5-707
53-5a-307
 or 
53-5-707.5
53-5a-308
, the bureau shall conduct a search of 
its
the bureau's
 files for 
criminal history information pertaining to the applicant, and shall request the Federal 
Bureau of Investigation to conduct a similar search through 
its
the Federal Bureau of 
Investigation's
 files.
(c)
If the fingerprints are insufficient for the Federal Bureau of Investigation to conduct 
a search of 
its
the Federal Bureau of Investigation's
 files for criminal history 
information, the application or concealed firearm permit may be denied, suspended, 
or revoked until sufficient fingerprints are submitted by the applicant.
(2)
(a)
If the permit applicant has previously applied to the bureau for a permit to carry 
concealed firearms, the bureau shall note the previous identification numbers and 
other data 
which
that
 would provide positive identification in the files of the bureau 
on the copy of any subsequent permit submitted to the bureau in accordance with this 
section.
(b)
No additional application form, fingerprints, or fee are required under this 
Subsection 
(2)
.
Section 31, Section 
53-5a-307
, which is renumbered from Section 53-5-707 is renumbered 
and amended to read:
53-5-707
53-5a-307
. Concealed firearm permit -- Fees -- Concealed Weapons 
Account.
(1)
(a)
An applicant for a concealed firearm permit shall pay a fee of $25 at the time of 
filing an application.
(b)
A nonresident applicant shall pay an additional $10 for the additional cost of 
processing a nonresident application.
(c)
The bureau shall waive the initial fee for an applicant who is:
(i)
a law enforcement officer under Section 
53-13-103
;
(ii)
an active duty service member;
(iii)
the spouse of an active duty service member; or
(iv)
a school employee.
(2)
(a)
The renewal fee for the permit is $20. 
(b)
A nonresident shall pay an additional $5 for the additional cost of processing a 
nonresidential renewal.
(3)
The replacement fee for the permit is $10.
(4)
(a)
The late fee for the renewal permit is $7.50.
(b)
As used in this section, "late fee" means the fee charged by the bureau for a renewal 
submitted on a permit that has been expired for more than 30 days but less than one 
year.
(5)
(a)
There is created a restricted account within the General Fund known as the 
"Concealed Weapons Account."
(b)
The account shall be funded from fees collected under this section and Section 
53-5-707.5
53-5a-308
.
(c)
Funds in the account may only be used to cover costs relating to:
(i)
the issuance of concealed firearm permits under this part; or
(ii)
the programs described in Subsection 
26B-5-102(3)
 and Section 
26B-5-611
.
(d)
No later than 90 days after the end of the fiscal year
,
 50% of the fund balance shall 
be transferred to the Suicide Prevention and Education Fund, created in Section 
26B-1-326
.
(6)
(a)
The bureau may collect any fees charged by an outside agency for additional 
services required by statute as a prerequisite for issuance of a permit.
(b)
The bureau shall promptly forward any fees collected under Subsection 
(6)(a)
 to the 
appropriate agency.
(7)
The bureau shall make an annual report in writing to the Legislature's Law Enforcement 
and Criminal Justice Interim Committee on the amount and use of the fees collected 
under this section and Section 
53-5-707.5
.
Section 32, Section 
53-5a-308
, which is renumbered from Section 53-5-707.5 is renumbered 
and amended to read:
53-5-707.5
53-5a-308
. Provisional concealed firearm permit -- Fees -- 
Disposition of fees.
(1)
(a)
An applicant for a provisional concealed firearm permit, as described in Section 
53-5-704.5
53-5a-304
, shall pay a fee of $25 at the time of filing an application.
(b)
A nonresident applicant shall pay an additional $10 for the additional cost of 
processing a nonresident application.
(2)
The replacement fee for the permit is $10.
(3)
Fees collected under this section shall be remitted to the Concealed Weapons Account, 
as described in 
Subsection 
53-5-707(5)
Section 
53-5a-307
.
(4)
(a)
The bureau may collect any fees charged by an outside agency for additional 
services required by statute as a prerequisite for issuance of a permit.
(b)
The bureau shall promptly forward any fees collected under Subsection 
(4)(a)
 to the 
appropriate agency. 
Section 33, Section 
53-5a-309
, which is renumbered from Section 53-5-707.6 is renumbered 
and amended to read:
53-5-707.6
53-5a-309
. Concealed firearm permit renewal -- Firearm safety and 
suicide prevention video.
(1)
The bureau, in conjunction with the Division of Integrated Healthcare created in Section 
26B-1-204
, shall create a firearm safety and suicide prevention video that:
(a)
is 
web-accessible
Internet-accessible
;
(b)
is no longer than 10 minutes in length; and
(c)
includes information about:
(i)
safe handling, storage, and use of firearms in a home environment;
(ii)
at-risk individuals and individuals who are legally prohibited from possessing 
firearms; and
(iii)
suicide prevention awareness.
(2)
Before renewing a firearm permit, an individual shall view the firearm safety and 
suicide prevention video and submit proof in the form required by the bureau.
(3)
In accordance with 
Title 63G, Chapter 3, Utah Administrative Rulemaking Act
, the 
bureau shall make rules that establish procedures for:
(a)
producing and distributing the firearm safety and suicide prevention video; and
(b)
providing access to the video to an applicant seeking renewal of a firearm permit.
Section 34, Section 
53-5a-310
, which is renumbered from Section 53-5-708 is renumbered 
and amended to read:
53-5-708
53-5a-310
. Permit -- Names private.
(1)
(a)
The bureau shall maintain a record in 
its
the bureau's
 office of any permit issued 
under this part.
(b)
Notwithstanding the requirements of Subsection 
63G-2-301(2)(b)
, the names, 
addresses, telephone numbers, dates of birth, and 
Social Security
social security
numbers of 
persons
individuals
 receiving permits are protected records under 
Subsection 
63G-2-305(11)
.
(c)
Notwithstanding Section 
63G-2-206
, 
a person
an individual
 may not share any of 
the information listed in Subsection 
(1)(b)
 with any office, department, division, or 
other agency of the federal government unless:
(i)
the disclosure is necessary to conduct a criminal background check on the 
individual who is the subject of the information;
(ii)
the disclosure of information is made pursuant to a court order directly associated 
with an active investigation or prosecution of the individual who is the subject of 
the information;
(iii)
the disclosure is made to a criminal justice agency in a criminal investigation or 
prosecution;
(iv)
the disclosure is made by a law enforcement agency within the state to another 
law enforcement agency in the state or in another state in connection with an 
investigation, including a preliminary investigation, or a prosecution of the 
individual who is the subject of the information;
(v)
the disclosure is made by a law enforcement agency within the state to an 
employee of a federal law enforcement agency in the course of a combined law 
enforcement effort involving the law enforcement agency within the state and the 
federal law enforcement agency; or
(vi)
the disclosure is made in response to a routine request that a federal law 
enforcement officer makes to obtain information on an individual whom the 
federal law enforcement officer detains, including for a traffic stop, or questions 
because of the individual's suspected violation of state law.
(d)
A person
An individual
 is guilty of a class A misdemeanor if the 
person
individual
knowingly:
(i)
discloses information listed in Subsection 
(1)(b)
 in violation of the provisions 
under 
Title 63G, Chapter 2, Government Records Access and Management Act
, 
applicable to protected records; or
(ii)
shares information in violation of Subsection 
(1)(c)
.
(e)
(i)
As used in this Subsection 
(1)(e)
, "governmental agency" means:
(A)
the state or any department, division, agency, or other instrumentality of the 
state; or
(B)
a political subdivision of the state, including a county, city, town, school 
district, special district, and special service district.
(ii)
A governmental agency may not compel or attempt to compel an individual who 
has been issued a concealed firearm permit to divulge whether the individual:
(A)
has been issued a concealed firearm permit; or
(B)
is carrying a concealed firearm.
(iii)
Subsection 
(1)(e)(ii)
 does not apply to a law enforcement officer.
(2)
The bureau shall immediately file a copy of each permit 
it
the bureau
 issues under this 
part.
Section 35, Section 
53-5a-311
, which is renumbered from Section 53-5-711 is renumbered 
and amended to read:
53-5-711
53-5a-311
. Law enforcement officials, judges, and court 
commissioners exempt -- Training requirements -- Qualification -- Revocation.
(1)
As used in this section
 and Section 
76-10-523
:
(a)
"Court commissioner" means an individual appointed under Section 
78A-5-107
.
(b)
(i)
"Judge" means a judge or justice of a court of record or a court not of record.
(ii)
"Judge" does not include a judge pro tem or senior judge.
(c)
"Law enforcement official" means:
(i)
a member of the Board of Pardons and Parole;
(ii)
a district attorney, deputy district attorney, county attorney or deputy county 
attorney of a county not in a prosecution district;
(iii)
the attorney general;
(iv)
an assistant attorney general designated as a criminal prosecutor; or
(v)
a city attorney or a deputy city attorney designated as a criminal prosecutor.
(2)
To qualify for an exemption in Section 
76-10-523
53-5a-108
, a law enforcement 
official, judge, or court commissioner shall complete the following training 
requirements:
(a)
meet the requirements of Sections 
53-5-704
, 
53-5-706
, and 
53-5-707
53-5a-303
, 
53-5a-306
, and 
53-5a-307
; and
(b)
successfully complete an additional course of training as established by the 
commissioner 
of public safety 
designed to assist 
them while
with
 carrying out 
their 
official law enforcement, judicial, or court commissioner duties as agents for 
the state or 
its
the state's
 political subdivisions.
(3)
Annual requalification requirements for law enforcement officials, judges, or court 
commissioners shall be established by the commissioner 
of public safety. Additional 
requalification requirements
and
 may be established by the:
(a)
Board of Pardons and Parole by rule for 
its
the Board of Pardons and Parole's
members;
(b)
Judicial Council by rule for judges and court commissioners; and
(c)
the district attorney, county attorney in a county not in a prosecution district, the 
attorney general, or city attorney by policy for prosecutors under their jurisdiction.
(4)
The bureau may:
(a)
issue a certificate of qualification to a judge, law enforcement official, or court 
commissioner who has completed the requirements of Subsection 
(2)
, which 
certificate of qualification is valid until revoked;
(b)
revoke the certificate of qualification of a judge, law enforcement official, or court 
commissioner who:
(i)
fails to meet the annual requalification criteria established pursuant to Subsection 
(3)
;
(ii)
would be subject to revocation of a concealed firearm permit under Subsection 
53-5-704(2)(a)
53-5a-303(2)(a)
; or
(iii)
is no longer employed as a judge, law enforcement official, or court 
commissioner as defined in Subsection 
(1)
; and
(c)
certify instructors for the training requirements of this section.
Section 36, Section 
53-5a-312
, which is renumbered from Section 53-5-712 is renumbered 
and amended to read:
53-5-712
53-5a-312
. Armed Forces -- Permit requirements -- Exemptions.
An active duty servicemember of the United States Armed Forces who possesses a Utah 
concealed firearm permit is exempt from the requirement in Subsection 
53-5-704(4)(a)
53-5a-303(4)(a)
 when renewing a Utah concealed firearm permit.
Section 37, Section 
53-5a-401
, which is renumbered from Section 53-5b-103 is renumbered 
and amended to read:
4. Utah State-Made Firearms Protections
53-5b-103
53-5a-401
. Definitions.
As used in this 
chapter
part
:
(1)
"Firearm" means a device from which is expelled a projectile by action of an explosive.
(2)
"Firearm accessory" means an item that is used in conjunction with or mounted upon a 
firearm, firearm action, or firearm receiver but is not essential to the basic function of a 
firearm, including:
(a)
a telescopic or laser sight;
(b)
a magazine;
(c)
a flash or sound suppressor;
(d)
a folding or aftermarket stock or grip;
(e)
a speed-loader;
(f)
an ammunition carrier; and
(g)
a light for target illumination.
(3)
"Generic and insignificant parts:"
(a)
means parts that have other manufacturing or consumer product applications; and
(b)
includes:
(i)
springs;
(ii)
screws;
(iii)
nuts; and
(iv)
pins.
(4)
"Manufactured" means creating a firearm, a firearm action or receiver, a firearm 
accessory, or ammunition from basic materials for functional usefulness, including:
(a)
forging;
(b)
casting;
(c)
machining; and
(d)
another process for working materials.
Section 38, Section 
53-5a-402
, which is renumbered from Section 53-5b-102 is renumbered 
and amended to read:
53-5b-102
53-5a-402
. Legal considerations.
In reviewing any matter covered by this 
chapter
part
, a court shall consider the 
following:
(1)
The Tenth Amendment to the United States Constitution guarantees to the state and its 
people all powers not granted to the federal government elsewhere in the Constitution 
and reserves to the state and people of Utah certain powers as they were understood at 
the time that Utah was admitted to statehood.
(2)
The guarantee of powers to the state and its people under the Tenth Amendment is a 
matter of contract between the state and people of Utah and the United States as of the 
time of statehood.
(3)
The Ninth Amendment to the United States Constitution guarantees to the people rights 
not granted in the Constitution and reserves to the people of Utah certain rights as they 
were understood at the time that Utah was admitted to statehood.
(4)
The guarantee of rights to the people under the Ninth Amendment is a matter of contract 
between the state and people of Utah and the United States as of the time of statehood.
(5)
The regulation of intrastate commerce is vested in the state under the Ninth and Tenth 
Amendments to the United States Constitution.
(6)
The Second Amendment to the United States Constitution reserves to the people the 
right to keep and bear arms as that right was understood at the time that Utah was 
admitted to statehood, and the guarantee of the right is a matter of contract between the 
state and people of Utah and the United States as of the time of statehood.
(7)
The Utah Constitution clearly secures to Utah citizens, and prohibits government 
interference with, the right of individual Utah citizens to keep and bear arms.
(8)
A personal firearm, a firearm action or receiver, a firearm accessory, or ammunition that 
is manufactured commercially or privately in the state to be used or sold within the state 
is not subject to federal law or federal regulation, including registration, under the 
authority of congress to regulate interstate commerce.
(9)
The Legislature declares that a firearm, a firearm action or receiver, a firearm accessory, 
and ammunition described in Subsection 
(8)
 does not travel in interstate commerce.
(10)
The importation into the state of generic and insignificant parts and those parts' 
incorporation into a firearm, a firearm action or receiver, a firearm accessory, or 
ammunition manufactured in the state does not subject the firearm, firearm accessory, 
firearm action or receiver, or ammunition to federal law or regulation.
(11)
Basic materials, including unmachined steel and unshaped wood, are not firearms, 
firearm actions or receivers, firearms accessories, or ammunition.
(12)
Trade in basic materials is not subject to congressional authority to regulate firearms, 
firearm actions or receivers, firearms accessories, and ammunition as if the basic 
materials were actually firearms, firearm actions or receivers, firearms accessories, or 
ammunition.
(13)
Congress's authority to regulate interstate commerce in basic materials does not 
include authority to regulate firearms, firearm actions or receivers, firearms accessories, 
and ammunition made in the state from basic materials.
(14)
The attachment or use of firearms accessories in conjunction with a firearm 
manufactured in the state does not subject the firearm to federal regulation under 
Congress's power to regulate interstate commerce, without regard to whether the 
firearms accessories are themselves subject to federal regulation.
Section 39, Section 
53-5a-403
, which is renumbered from Section 53-5b-201 is renumbered 
and amended to read:
53-5b-201
53-5a-403
. Intrastate firearm manufacturing.
(1)
This chapter applies to a firearm, a firearm action or receiver, a firearm accessory, or 
ammunition that is manufactured in the state to remain in the state from basic materials 
that can be manufactured without the inclusion of any significant parts imported into the 
state.
(2)
This chapter does not apply to:
(a)
a firearm that cannot be carried and used by one 
person
individual
;
(b)
a firearm that has a bore diameter greater than 1-1/2 inches and that uses smokeless 
powder, not black powder, as a propellant;
(c)
a firearm that discharges two or more projectiles with one activation of the trigger or 
other firing device, other than a shotgun; or
(d)
ammunition with a projectile that explodes using an explosion of chemical energy 
after the projectile leaves the firearm.
Section 40, Section 
53-5a-404
, which is renumbered from Section 53-5b-202 is renumbered 
and amended to read:
53-5b-202
53-5a-404
. Required markings.
A firearm, firearm action, or firearm receiver manufactured or sold in Utah under this 
chapter
part
 must have the words "Made in Utah" or "Made in UT" clearly stamped on a 
central metallic part, such as the receiver or frame.
Section 41, Section 
53-5a-501
, which is renumbered from Section 53-5c-102 is renumbered 
and amended to read:
5. Firearms Safe Harbor
53-5c-102
53-5a-501
. Definitions.
As used in this 
chapter
part
:
(1)
"Bureau" means the Bureau of Criminal Identification created in Section 
53-10-201
.
(2)
"Cohabitant" means an individual who:
(a)
is 18 years old or older;
(b)
resides in the same home with another individual; and
(c)
(i)
is living as if a spouse of the individual;
(ii)
is related by blood or marriage to the individual;
(iii)
has one or more children in common with the individual; or
(iv)
has an interest in the safety and well-being of the individual.
(3)
"Domestic violence" means the same as that term is defined in Section 
77-36-1
.
(4)
"Firearm" means a pistol, revolver, shotgun, short barrel shotgun, rifle or short barrel 
rifle, or a device that could be used as a dangerous weapon from which is expelled a 
projectile by action of an explosive.
(5)
"Health care provider" means a person:
(a)
who provides health care or professional services related to health care; and
(b)
is acting within the scope of the person's license, certification, practice, education, or 
training.
(6)
"Illegal firearm" means a firearm the ownership or possession of which is prohibited 
under state or federal law.
(7)
"Jail release agreement" means the same as that term is defined in Section 
78B-7-801
.
(8)
"Jail release court order" means the same as that term is defined in Section 
78B-7-801
.
(9)
"Law enforcement agency" means a municipal or county police agency or an officer of 
that agency.
(10)
"Owner cohabitant" means a cohabitant who:
(a)
is 18 years old or older; and
(b)
owns a firearm.
Section 42, Section 
53-5a-502
, which is renumbered from Section 53-5c-201 is renumbered 
and amended to read:
53-5c-201
53-5a-502
. Voluntary commitment of a firearm by cohabitant -- Law 
enforcement to hold firearm.
(1)
(a)
A cohabitant or owner cohabitant may voluntarily commit a firearm to a law 
enforcement agency or request that a law enforcement officer receive a firearm for 
safekeeping if the owner cohabitant or cohabitant believes that the owner cohabitant 
or another cohabitant with access to the firearm is an immediate threat to:
(i)
a cohabitant;
(ii)
the owner cohabitant; or
(iii)
another individual.
(b)
Except as provided in Subsection 
(2)
, if the owner of a firearm requests return of the 
firearm in person at the law enforcement agency's office, the law enforcement agency:
(i)
may not hold the firearm under this section; and
(ii)
shall return the firearm to the owner.
(2)
A law enforcement agency may not return a firearm to an owner under Subsection 
(1)(b)
if the owner of the firearm:
(a)
is a restricted person under Section 
76-10-503
76-11-302
 or 
76-11-303
; or
(b)
(i)
has been arrested and booked into a county jail on a class A misdemeanor or 
felony domestic violence offense;
(ii)
has had a court:
(A)
review the probable cause statement detailing the incident leading to the 
owner's arrest; and
(B)
determine that probable cause existed for the arrest; and
(iii)
is subject to a jail release agreement or a jail release court order arising out of the 
domestic violence offense.
(3)
Unless a firearm is an illegal firearm subject to Section 
53-5c-202
53-5a-503
, a law 
enforcement agency that receives a firearm in accordance with this chapter shall:
(a)
record:
(i)
the owner cohabitant's name, address, and phone number;
(ii)
the firearm serial number and the make and model of each firearm committed; and
(iii)
the date that the firearm was voluntarily committed;
(b)
require the cohabitant to sign a document attesting that the cohabitant resides in the 
home;
(c)
hold the firearm in safe custody:
(i)
for 60 days after the day on which the firearm is voluntarily committed; or
(ii)
(A)
for an owner described in Subsection 
(2)(b)
, during the time the jail release 
agreement or jail release court order is in effect; and
(B)
for 60 days after the day on which the jail release agreement or jail release 
court order expires; and
(d)
upon proof of identification, return the firearm to:
(i)
(A)
the owner cohabitant after the expiration of the 60-day period; or
(B)
if the owner cohabitant requests return of the firearm before the expiration of 
the 60-day period, at the time of the request; or
(ii)
an owner other than the owner cohabitant in accordance with Section 
53-5c-202
53-5a-503
.
(4)
The law enforcement agency shall hold the firearm for an additional 60 days:
(a)
if the initial 60-day period expires; and
(b)
the cohabitant or owner cohabitant requests that the law enforcement agency hold the 
firearm for an additional 60 days.
(5)
A law enforcement agency may not request or require that the owner cohabitant provide 
the name or other information of the cohabitant who poses an immediate threat or any 
other cohabitant.
(6)
Notwithstanding an ordinance or policy to the contrary adopted in accordance with 
Section 
63G-2-701
, a law enforcement agency shall destroy a record created under 
Subsection 
(3)
, Subsection 
53-5c-202(3)(b)(iii)
53-5a-503(3)(b)(iii)
, or any other 
record created in the application of this chapter immediately, if practicable, but no later 
than five days after immediately upon the:
(a)
return of a firearm in accordance with Subsection 
(3)(d)
; or
(b)
disposal of the firearm in accordance with Section 
53-5c-202
53-5a-503
.
(7)
Unless otherwise provided, the provisions of 
Title 77, Chapter 11d, Lost or Mislaid 
Property
, do not apply to a firearm received by a law enforcement agency in accordance 
with this 
chapter
part
.
(8)
A law enforcement agency shall adopt a policy for the safekeeping of a firearm held in 
accordance with this 
chapter
part
.
(9)
The department shall create a pamphlet to be distributed by a law enforcement officer 
under Section 
77-36-2.1
 that includes information about a cohabitant's or owner 
cohabitant's ability to have the owner cohabitant's firearm committed to a law 
enforcement agency for safekeeping in accordance with this section.
Section 43, Section 
53-5a-503
, which is renumbered from Section 53-5c-202 is renumbered 
and amended to read:
53-5c-202
53-5a-503
. Illegal firearms confiscated -- Disposition of unclaimed 
firearm.
(1)
If a law enforcement agency receives a firearm in accordance with Section 
53-5c-201
, 
and the firearm is an illegal firearm, the law enforcement agency shall:
(a)
notify the owner cohabitant attempting to voluntarily commit the firearm that the 
firearm is an illegal firearm; and
(b)
confiscate the firearm and dispose of the firearm in accordance with Section 
77-11a-403
.
(2)
(a)
If a law enforcement agency cannot, after a reasonable attempt, locate an owner 
cohabitant to return a firearm in accordance with Section 
53-5c-201
53-5a-502
, the 
law enforcement agency shall dispose of the firearm in accordance with Section 
77-11a-403
.
(b)
A law enforcement agency may not dispose of a firearm under Subsection 
(2)(a)
before one year after the day on which the cohabitant initially voluntarily committed 
the firearm in accordance with Section 
53-5c-201
53-5a-502
.
(3)
(a)
If 
a person
an individual
 other than an owner cohabitant claims ownership of the 
firearm, the 
person
individual
 may:
(i)
request that the law enforcement agency return the firearm in accordance with 
Subsection 
(3)(b)
; or
(ii)
petition the court for the firearm's return in accordance with Subsection 
(3)(c)
.
(b)
Except as provided in Section 
53-5c-201
53-5a-502
, the law enforcement agency 
shall return a firearm to 
a person
an individual
 other than an owner cohabitant who 
claims ownership of the firearm if:
(i)
the 60-day period described in Section 
53-5c-201
53-5a-502
 has expired;
(ii)
the 
person
individual
 provides identification; and
(iii)
the 
person
individual
 signs a document attesting that the 
person
individual
 has 
an ownership interest in the firearm.
(c)
After sufficient notice is given to the prosecutor, the court may order that the firearm 
be:
(i)
returned to the rightful owner as determined by the court; or
(ii)
disposed of in accordance with Section 
77-11a-403
.
(d)
A law enforcement agency shall return a firearm ordered returned to the rightful 
owner as expeditiously as possible after a court determination.
Section 44, Section 
53-5a-504
, which is renumbered from Section 53-5c-301 is renumbered 
and amended to read:
53-5c-301
53-5a-504
. Voluntary restrictions on firearm purchase and 
possession.
(1)
An individual who is not a restricted person under Section 
76-10-503
76-11-302
 or 
76-11-303
may voluntarily request to be restricted from the purchase or possession of 
firearms.
(2)
An individual requesting to be restricted under Subsection (1) may request placement on 
one of the following restricted lists:
(a)
a restricted list that:
(i)
restricts the individual from purchasing or possessing a firearm for 180 days with 
automatic removal of the individual from the restricted list at the end of the 180 
days; and
(ii)
allows the individual to request removal 30 days after the day on which the 
individual is added to the restricted list; or
(b)
a restricted list that:
(i)
restricts the individual from purchasing or possessing a firearm indefinitely; and
(ii)
allows the individual to request removal 90 days after the day on which the 
individual is added to the restricted list.
(3)
(a)
Subject to Subsections (8) and (9), the bureau shall develop a process and forms 
for inclusion on, and removal from, a restricted list as described in Subsection (2) to 
be maintained by the bureau.
(b)
The bureau shall make the forms for inclusion and removal available by download 
through the bureau's website and require, at a minimum, the following information 
for the individual described in Subsection (1):
(i)
name;
(ii)
address;
(iii)
date of birth;
(iv)
contact information;
(v)
signature; and
(vi)
(A)
if the individual is entered on the restricted list as described in Subsection 
(2)(a), an acknowledgment of the statement in Subsection (8)(a); or
(B)
if the individual is entered on the restricted list as described in Subsection 
(2)(b), an acknowledgment of the statement in Subsection (8)(b).
(4)
(a)
An individual requesting inclusion on a restricted list under Subsection (2) shall:
(i)
deliver the completed form in person to a law enforcement agency; or
(ii)
direct the individual's health care provider under Section 
53-5c-302
53-5a-505
to electronically deliver the individual's request to the bureau.
(b)
The law enforcement agency described in Subsection (4)(a)(i):
(i)
shall verify the individual's identity before accepting the form;
(ii)
may not accept a form from someone other than the individual named on the 
form; and
(iii)
shall transmit the form electronically to the bureau through the Utah Criminal 
Justice Information System.
(5)
Upon receipt of a verified form provided under this section or Section 
53-5c-302
53-5a-505
requesting inclusion on a restricted list, the bureau shall, within 24 hours, add 
the individual's name to the restricted list.
(6)
(a)
For an individual added to the restricted list described in Subsection (2)(a):
(i)
the individual may not request removal from the restricted list unless the 
individual has been on the restricted list for at least 30 days;
(ii)
the bureau shall remove the individual from the restricted list 180 days after the 
day on which the individual was added to the restricted list, unless the individual:
(A)
requests to be removed from the restricted list after 30 days;
(B)
requests to remain on the restricted list; or
(C)
directs the individual's health care provider to request that the individual 
remain on the restricted list;
(iii)
a request for an extension shall be made in the same manner as the original 
request; and
(iv)
the individual may continue to request, or direct the individual's health care 
provider to continue to request, extensions every 180 days.
(b)
For an individual added to a restricted list under Subsection (2)(b), the individual:
(i)
may not request removal from the restricted list unless the individual has been on 
the restricted list for at least 90 days; and
(ii)
shall remain on the restricted list, unless the bureau receives a request from the 
individual to have the individual's name removed from the restricted list.
(7)
If an individual restricted under this section is a concealed firearm permit holder, the 
individual's permit shall be:
(a)
suspended upon entry on the restricted list; and
(b)
reinstated upon removal from the restricted list, unless:
(i)
the permit has been revoked, been suspended for a reason other than under this 
section, or has expired; or
(ii)
the individual has become a restricted person under Section 
76-10-503
76-11-302
or 
76-11-303
.
(8)
(a)
The form for an individual seeking to be placed on the restricted list described in 
Subsection (2)(a) shall have the following language prominently displayed before the signature:
"ACKNOWLEDGMENT
By presenting this completed form to a law enforcement agency, I understand that I am 
requesting that my name be placed on a restricted list that restricts my ability to purchase or 
possess firearms for a minimum of 30 days, and up to 6 months. I understand that by 
voluntarily making myself a temporarily restricted person, I may not have a firearm in my 
possession and any attempt to purchase a firearm while I am on the restricted list will be 
declined. I also understand that any time after 30 days, I may request removal from the 
restricted list and all previous rights will be restored. In addition, if I am in possession of a 
valid concealed firearm permit, my permit will be suspended during the time I am on the 
restricted list, but will be reinstated upon my removal, unless the permit has expired, been 
revoked, been suspended for another reason, or I become ineligible to possess a firearm. 
Additionally, I acknowledge that if I possess a firearm or attempt to purchase a firearm while 
outside Utah, I will be subject to the law of that location regarding restricted persons."
(b)
The form for an individual seeking to be placed on the restricted list described in 
Subsection (2)(b) shall have the following language prominently displayed before the 
signature:
"ACKNOWLEDGMENT
By presenting this completed form to a law enforcement agency, I understand that I am 
requesting that my name be placed on a restricted list that restricts my ability to purchase or 
possess firearms indefinitely. I understand that by voluntarily making myself a temporarily 
restricted person, I may not have a firearm in my possession and any attempt to purchase a 
firearm while I am on the restricted list will be declined. I also understand that any time after 
90 days, I may request removal from the restricted list and all previous rights will be restored. 
In addition, if I am in possession of a valid concealed firearm permit, my permit will be 
suspended during the time I am on the restricted list, but will be reinstated upon my removal, 
unless the permit has expired, been revoked, been suspended for another reason, or I become 
ineligible to possess a firearm. Additionally, I acknowledge that if I possess a firearm or 
attempt to purchase a firearm while outside Utah, I will be subject to the law of that location 
regarding restricted persons."
(9)
(a)
An individual requesting removal from a restricted list shall deliver a completed 
removal form in person to:
(i)
the law enforcement agency that processed the inclusion form if the individual 
was placed on the restricted list under Subsection (4)(a)(i); or
(ii)
the individual's local law enforcement agency if the individual was placed on the 
restricted list under Subsection (4)(a)(ii).
(b)
The law enforcement agency described in Subsection (9)(a):
(i)
shall verify the individual's identity before accepting the form;
(ii)
may not accept a removal form from someone other than the individual named on 
the form; and
(iii)
shall transmit the removal form electronically to the bureau through the Utah 
Criminal Justice Information System.
(10)
Upon receipt of a verified removal form, the bureau shall, after three business days, 
remove the individual from the restricted list and remove the information from the 
National Instant Criminal Background Check System.
(11)
For an individual added to the restricted list under Subsection (2)(a), within 30 days 
before the 180-day removal deadline, the bureau shall notify the individual at the 
address listed on the inclusion form described in Subsection (4) and, if applicable, the 
law enforcement agency that processed the inclusion form, that the individual is due to 
be removed from the restricted list, and the date on which the removal will occur, unless 
the individual requests an extension of up to 180 days.
(12)
(a)
A law enforcement agency that receives a request for inclusion under Subsection 
(4)(a)(i) shall:
(i)
maintain the completed form and all subsequent completed forms in a separate 
file; and
(ii)
for an individual added to the restricted list under Subsection (2)(a), destroy the 
entire file within five days after the date indicated in the notification if the 
individual does not request an extension after notification in accordance with 
Subsection (11).
(b)
A law enforcement agency that receives a removal request under Subsection (9) shall 
destroy the entire file associated with the individual within five days after the day on 
which the information is transmitted to the bureau.
(c)
Upon removal of an individual from a restricted list, the bureau shall destroy all 
records related to the inclusion and removal of the individual within five days after 
the day on which the individual was removed.
(d)
All forms and records created in accordance with this section are classified as private 
records in accordance with Title 63G, Chapter 2, Government Records Access and 
Management Act.
(13)
The bureau may make rules in accordance with Title 63G, Chapter 3, Utah 
Administrative Rulemaking Act, to develop the process and forms to implement this 
section.
Section 45, Section 
53-5a-505
, which is renumbered from Section 53-5c-302 is renumbered 
and amended to read:
53-5c-302
53-5a-505
. Assistance from a health care provider -- Restricted list.
(1)
An individual who is not a restricted person under Section 
76-10-503
76-11-302
 or 
76-11-303
 and is seeking inclusion on a restricted list under Section 
53-5c-301
53-5a-504
 may direct the individual's health care provider to electronically deliver the 
individual's inclusion request described in Section 
53-5c-301
53-5a-504
 to the bureau.
(2)
In addition to the inclusion form described in Section 
53-5c-301
53-5a-504
, the bureau 
shall create a form, available by download through the bureau's website, for:
(a)
an individual who is directing a health care provider to electronically deliver the 
individual's inclusion request and require, at a minimum, the following information:
(i)
the individual's signature;
(ii)
the name of the individual's health care provider; and
(iii)
the individual's acknowledgment of the statement in Subsection (4)(a); and
(b)
a health care provider who is delivering an individual's inclusion request and require, 
at a minimum, the following information for the health care provider:
(i)
the health care provider's name;
(ii)
the name of the health care provider's organization;
(iii)
the health care provider's license or certification, including the license or 
certification number;
(iv)
the health care provider's signature; and
(v)
the health care provider's acknowledgment of the statement in Subsection (4)(b).
(3)
(a)
An individual who is directing a health care provider to electronically deliver the 
individual's request to be included on a restricted list shall, in the presence of the 
health care provider, complete the forms described in Section 
53-5c-301
53-5a-504
and Subsection (2)(a).
(b)
The health care provider:
(i)
shall verify the individual's identity before accepting the forms;
(ii)
may not accept forms from someone other than the individual named on the 
forms;
(iii)
shall complete the form described in Subsection (2)(b); and
(iv)
shall deliver the request to the bureau electronically and maintain a copy of the 
completed request in the individual's health record.
(4)
(a)
The form described in Subsection (2)(a) shall have the following language prominently 
displayed before the signature:
"ACKNOWLEDGMENT
By presenting this completed form to my health care provider, I understand that I am 
requesting that my health care provider present my name to the Bureau of Criminal 
Identification to be placed on a restricted list that restricts my ability to purchase or possess 
firearms."
(b)
The form described in Subsection (2)(b) shall have the following language prominently 
displayed before the signature:
"ACKNOWLEDGMENT
By presenting this completed form to the Bureau of Criminal Identification, I understand 
that I am acknowledging that I have verified the identity of [name of individual seeking 
inclusion on a restricted list] and have witnessed [name of individual] sign the form requesting 
that [name of individual] be placed on a restricted list that restricts [name of individual]'s 
ability to purchase or possess firearms. I affirm that [name of individual] is currently my 
patient, and I am a licensed health care provider acting within the scope of my license, 
certification, practice, education, or training."
(5)
The bureau may make rules in accordance with Title 63G, Chapter 3, Utah 
Administrative Rulemaking Act, to develop the process and forms to implement this 
section.
Section 46, Section 
53-5a-601
 is enacted to read:
6. Sale and Purchase of a Firearm
53-5a-601
. Definitions.
As used in this part:
(1)
"Antique firearm" means the same as that term is defined in Section 
53-5a-101.5
.
(2)
"Bureau" means the Bureau of Criminal Identification created in Section 
53-10-201
within the department.
(3)
"Criminal history background check" means a criminal background check conducted 
through the bureau or a local law enforcement agency.
(4)
"Dangerous weapon" means the same as that term is defined in Section 
76-11-101
.
(5)
"Dealer" means a person who is:
(a)
licensed under 18 U.S.C. Sec. 923; and
(b)
engaged in the business of selling, leasing, or otherwise transferring a firearm, 
whether the person is a retail or wholesale dealer, pawnbroker, or other type of 
merchant or seller.
(6)
"Domestic violence" means the same as that term is defined in Section 
77-36-1
.
(7)
"Federal firearms licensee" means a person who:
(a)
holds a valid federal firearms license issued under 18 U.S.C. Sec. 923; and
(b)
is engaged in the activities authorized by the specific category of license held.
(8)
(a)
"Firearm" means a pistol, revolver, shotgun, short barreled shotgun, rifle, or short 
barreled rifle, or a device that could be used as a dangerous weapon from which is 
expelled a projectile by action of an explosive.
(b)
"Firearm" does not include an antique firearm.
(9)
(a)
"Short barreled rifle" means a rifle having a barrel or barrels of fewer than 16 
inches in length.
(b)
"Short barreled rifle" includes a dangerous weapon made from a rifle by alteration, 
modification, or otherwise, if the weapon as modified has an overall length of fewer 
than 26 inches.
(10)
(a)
"Short barreled shotgun" means a shotgun having a barrel or barrels of fewer 
than 18 inches in length.
(b)
"Short barreled shotgun" includes a dangerous weapon made from a shotgun by 
alteration, modification, or otherwise, if the weapon as modified has an overall length 
of fewer than 26 inches.
(11)
"Shotgun" means a smooth bore firearm designed to fire cartridges containing pellets 
or a single slug.
(12)
"Slug" means a single projectile discharged from a shotgun shell.
Section 47, Section 
53-5a-602
, which is renumbered from Section 76-10-526 is renumbered 
and amended to read:
76-10-526
53-5a-602
. Criminal background check prior to purchase of a 
firearm -- Fee -- Exemption for concealed firearm permit holders and law enforcement 
officers.
(1)
For purposes of this section, "valid permit to carry a concealed firearm" does not 
include a temporary permit issued under Section 
53-5-705
.
(2)
(1)
(a)
To establish personal identification and residence in this state for purposes of 
this part, a dealer shall require an individual receiving a firearm to present one photo 
identification on a form issued by a governmental agency of the state.
(b)
A dealer may not accept a driving privilege card issued under Section 
53-3-207
 as 
proof of identification for the purpose of establishing personal identification and 
residence in this state as required under this Subsection 
(2)
(1)
.
(3)
(2)
(a)
A criminal history background check is required for the sale of a firearm by a 
licensed firearm dealer in the state.
(b)
Subsection 
(3)(a)
(2)(a)
 does not apply to the sale of a firearm to a Federal Firearms 
Licensee.
(4)
(3)
(a)
An individual purchasing a firearm from a dealer shall consent in writing to a 
criminal background check, on a form provided by the bureau.
(b)
The form shall contain the following information:
(i)
the dealer identification number;
(ii)
the name and address of the individual receiving the firearm;
(iii)
the date of birth, height, weight, eye color, and hair color of the individual 
receiving the firearm; and
(iv)
the social security number or any other identification number of the individual 
receiving the firearm.
(5)
(4)
(a)
The dealer shall send the information required by Subsection 
(4)
(3)
 to the 
bureau immediately upon its receipt by the dealer.
(b)
A dealer may not sell or transfer a firearm to an individual until the dealer has 
provided the bureau with the information in Subsection 
(4)
(3)
 and has received 
approval from the bureau under Subsection 
(7)
(6)
.
(6)
(5)
The dealer shall make a request for criminal history background information by 
telephone or other electronic means to the bureau and shall receive approval or denial of 
the inquiry by telephone or other electronic means.
(7)
(6)
When the dealer calls for or requests a criminal history background check, the 
bureau shall:
(a)
review the criminal history files, including juvenile court records, and the temporary 
restricted file created under Section 
53-5c-301
53-5a-504
, to determine if the 
individual is prohibited from purchasing, possessing, or transferring a firearm by 
state or federal law;
(b)
inform the dealer that:
(i)
the records indicate the individual is prohibited; or
(ii)
the individual is approved for purchasing, possessing, or transferring a firearm;
(c)
provide the dealer with a unique transaction number for that inquiry; and
(d)
provide a response to the requesting dealer during the call for a criminal background 
check, or by return call, or other electronic means, without delay, except in case of 
electronic failure or other circumstances beyond the control of the bureau, the bureau 
shall advise the dealer of the reason for the delay and give the dealer an estimate of 
the length of the delay.
(8)
(7)
(a)
The bureau may not maintain any records of the criminal history background 
check longer than 20 days from the date of the dealer's request, if the bureau 
determines that the individual receiving the firearm is not prohibited from 
purchasing, possessing, or transferring the firearm under state or federal law.
(b)
However, the bureau shall maintain a log of requests containing the dealer's federal 
firearms number, the transaction number, and the transaction date for a period of 12 
months.
(9)
(8)
(a)
If the criminal history background check discloses information indicating that 
the individual attempting to purchase the firearm is prohibited from purchasing, 
possessing, or transferring a firearm, the bureau shall:
(i)
within 24 hours after determining that the purchaser is prohibited from purchasing, 
possessing, or transferring a firearm, notify the law enforcement agency in the 
jurisdiction where the dealer is located; and
(ii)
inform the law enforcement agency in the jurisdiction where the individual 
resides.
(b)
Subsection 
(9)(a)
(8)(a)
 does not apply to an individual prohibited from purchasing 
a firearm solely due to placement on the temporary restricted list under Section 
53-5c-301
53-5a-504
.
(c)
A law enforcement agency that receives information from the bureau under 
Subsection 
(9)(a)
(8)(a)
 shall provide a report before August 1 of each year to the 
bureau that includes:
(i)
based on the information the bureau provides to the law enforcement agency under 
Subsection 
(9)(a)
(8)(a)
, the number of cases that involve an individual who is 
prohibited from purchasing, possessing, or transferring a firearm as a result of a 
conviction for an offense involving domestic violence; and
(ii)
of the cases described in Subsection 
(9)(c)(i)
(8)(c)(i)
:
(A)
the number of cases the law enforcement agency investigates; and
(B)
the number of cases the law enforcement agency investigates that result in a 
criminal charge.
(d)
The bureau shall:
(i)
compile the information from the reports described in Subsection 
(9)(c)
(8)(c)
;
(ii)
omit or redact any identifying information in the compilation; and
(iii)
submit the compilation to the Law Enforcement and Criminal Justice Interim 
Committee before November 1 of each year.
(10)
(9)
If an individual is denied the right to purchase a firearm under this section, the 
individual may review the individual's criminal history information and may challenge 
or amend the information as provided in Section 
53-10-108
.
(11)
(10)
The bureau shall make rules in accordance with 
Title 63G, Chapter 3, Utah 
Administrative Rulemaking Act
, to ensure the identity, confidentiality, and security of 
all records provided by the bureau under this part are in conformance with the 
requirements of the Brady Handgun Violence Prevention Act, Pub. L. No. 103-159, 107 
Stat. 1536 (1993).
(12)
(11)
(a)
A dealer shall collect a criminal history background check fee for the sale 
of a firearm under this section.
(b)
The fee described under Subsection 
(12)(a)
(11)(a)
 remains in effect until changed 
by the bureau through the process described in Section 
63J-1-504
.
(c)
(i)
The dealer shall forward at one time all fees collected for criminal history 
background checks performed during the month to the bureau by the last day of 
the month following the sale of a firearm.
(ii)
The bureau shall deposit the fees in the General Fund as dedicated credits to 
cover the cost of administering and conducting the criminal history background 
check program.
(13)
(12)
(a)
An individual with a concealed firearm permit
 issued under Section 
53-5a-303
 or a provisional concealed firearm permit
 issued under 
Title 53, Chapter 
5, Part 7, Concealed Firearm Act
,
Section 
53-5a-304
 is exempt from the background 
check and corresponding fee required in this section for the purchase of a firearm if:
(a)
(i)
the individual presents the individual's concealed firearm permit to the dealer 
prior to purchase of the firearm; and
(b)
(ii)
the dealer verifies with the bureau that the individual's concealed firearm 
permit is valid.
(b)
An individual with a temporary permit to carry a concealed firearm issued under 
Section 
53-5a-305
 is not exempt from a background check and the corresponding fee 
required in this section for the purchase of a firearm.
(14)
(13)
(a)
A law enforcement officer, as defined in Section 
53-13-103
, is exempt 
from the background check fee required in this section for the purchase of a personal 
firearm to be carried while off-duty if the law enforcement officer verifies current 
employment by providing a letter of good standing from the officer's commanding 
officer and current law enforcement photo identification.
(b)
Subsection 
(14)(a)
(13)(a)
 may only be used by a law enforcement officer to 
purchase a personal firearm once in a 24-month period.
(15)
(14)
A dealer engaged in the business of selling, leasing, or otherwise transferring a 
firearm shall:
(a)
make the firearm safety brochure described in Subsection 
26B-5-211(3)
 available to 
a customer free of charge; and
(b)
at the time of purchase, distribute a cable-style gun lock provided to the dealer under 
Subsection 
26B-5-211(3)
 to a customer purchasing a shotgun, short barreled shotgun, 
short barreled rifle, rifle, or another firearm that federal law does not require be 
accompanied by a gun lock at the time of purchase.
Section 48, Section 
53-5a-603
, which is renumbered from Section 76-10-526.1 is renumbered 
and amended to read:
76-10-526.1
53-5a-603
. Information check before private sale of firearm.
(1)
As used in this section:
(a)
"Governmental entity" means the state and the state's political subdivisions.
(b)
"Law enforcement agency" means the same as that term is defined in Section 
53-1-102
.
(c)
"Personally identifiable information" means the same as that term is defined in 
Section 
63D-2-102
.
(2)
Subject to Subsections 
(3)
 and 
(4)
, the bureau shall create an online process that allows 
an individual who is selling or purchasing a firearm to voluntarily determine:
(a)
if the other individual involved in the sale of the firearm has a valid concealed carry 
permit
 issued under Section 
53-5a-303
, a provisional concealed carry permit issued 
under Section 
53-5a-304
, or a temporary concealed carry permit issued under Section 
53-5a-305
; or
(b)
based on the serial number of the firearm, if the firearm is reported as stolen.
(3)
Subsection 
(2)
 does not apply to a federal firearms licensee or dealer.
(4)
The bureau may not:
(a)
provide information related to a request under Subsection 
(2)
 to a law enforcement 
agency; or
(b)
collect a user's personally identifiable information under Subsection 
(2)
.
(5)
A governmental entity may not require an individual who is selling or purchasing a 
firearm to use the process under Subsection 
(2)
.
(6)
If an individual uses the process under Subsection 
(2)
, the individual is not required, 
based on the information the individual receives from the bureau, to make a report to a 
law enforcement agency.
(7)
After responding to a request under Subsection 
(2)
, the bureau shall immediately 
dispose of all information related to the request.
(8)
(a)
This section does not create a civil cause of action arising from the sale or 
purchase of a firearm under this section.
(b)
An individual's failure to use the process under Subsection 
(2)
 is not evidence of the 
individual's negligence in a civil cause of action.
Section 49, Section 
53-5a-604
, which is renumbered from Section 76-10-527 is renumbered 
and amended to read:
76-10-527
53-5a-604
. Penalties.
(1)
A dealer is guilty of a class A misdemeanor 
who
if the dealer
 willfully and 
intentionally:
(a)
requests, obtains, or seeks to obtain criminal history background information under 
false pretenses;
(b)
disseminates criminal history background information; or
(c)
violates Section 
76-10-526
53-5a-602
.
(2)
A person
An individual
 who purchases or transfers a firearm is guilty of a 
felony of 
the 
third degree
 felony
 if the 
person
individual
 willfully and intentionally makes a 
false statement of the information required for a criminal background check in Section 
76-10-526
53-5a-602
.
(3)
Except as otherwise provided in Subsection 
(1)
, a dealer is guilty of a 
felony of the 
third degree
 felony
 if the dealer willfully and intentionally sells or transfers a firearm in 
violation of this part
 or Title 76, Chapter 11, Weapons
.
(4)
A person
An individual
 is guilty of a 
felony of the 
third degree
 felony
 if the 
person
individual
 purchases a firearm with the intent to:
(a)
resell or otherwise provide a firearm to 
a person
an individual
 who is ineligible to 
purchase or receive a firearm from a dealer; or
(b)
transport a firearm out of this state to be resold to an ineligible 
person
individual
.
Section 50, Section 
53-5a-605
, which is renumbered from Section 76-10-524 is renumbered 
and amended to read:
76-10-524
53-5a-605
. Purchase of firearms pursuant to federal law.
This part 
will allow purchases 
allows the purchase 
of firearms and ammunition 
pursuant to U.S.C. Title 18 Chapter 44 Sec. 922b(3).
Section 51, Section 
53-5d-102
 is amended to read:
53-5d-102
. Definitions.
As used in this chapter:
(1)
"Ammunition" means a bullet, a cartridge case, primer, propellant powder, or other 
ammunition designed for use in any firearm, either as an individual component part or in 
a completely assembled cartridge.
(2)
"Manufacturer" means, with respect to a qualified product, a person who is engaged in 
the business of manufacturing a qualified product and who is licensed to engage in 
business as a manufacturer under 18 U.S.C. Chapter 44.
(3)
"Negligent entrustment" means the supplying of a qualified product by a seller for use 
by another person when the seller knows, or reasonably should know, the person to 
whom the product is supplied is likely to, and does, use the product in a manner 
involving unreasonable risk of physical injury to the person or others.
(4)
"Person" means the same as that term is defined in Section 
68-3-12.5
.
(5)
(a)
"Qualified civil liability action" means a civil action or proceeding or an 
administrative proceeding brought by any person against a manufacturer or seller of a 
qualified product, or a trade association, for damages, punitive damages, injunctive or 
declaratory relief, abatement, restitution, fines, or penalties, or other relief, resulting 
from the criminal or unlawful misuse of a qualified product by the person or a third 
party.
(b)
"Qualified civil liability action" does not include:
(i)
an action brought against a transferor convicted under 18 U.S.C. Sec. 924(h) or 
Section 
76-10-503
 by a party directly harmed by the conduct of which the 
transferee was convicted;
(ii)
an action brought against a seller for negligent entrustment or negligence per se;
(iii)
an action in which a manufacturer or seller of a qualified product knowingly 
violated a state or federal statute applicable to the sale or marketing of the 
product, and the violation was a proximate cause of the harm for which relief is 
sought, including:
(A)
any incident in which the manufacturer or seller knowingly made any false 
entry in, or failed to make appropriate entry in, any record required to be kept 
under federal or state law with respect to the qualified product, or aided, 
abetted, or conspired with any person in making any false or fictitious oral or 
written statement with respect to any fact material to the lawfulness of the sale 
or other disposition of a qualified product; or
(B)
any case in which the manufacturer or seller aided, abetted, or conspired with 
any other person to sell or otherwise dispose of a qualified product, knowing, 
or having reasonable cause to believe, that the actual buyer of the qualified 
product was prohibited from possessing or receiving a firearm or ammunition 
under 18 U.S.C. Sec. 922(g) or (n) or 
Section 
76-10-503
Title 76, Chapter 11, 
Part 3, Persons Restricted Regarding Dangerous Weapons
;
(iv)
an action for breach of contract or warranty in connection with the purchase of 
the product;
(v)
an action for death, physical injuries, or property damage resulting directly from a 
defect in design or manufacture of the product, when used as intended or in a 
reasonably foreseeable manner, except that where the discharge of the product 
was caused by a volitional act that constituted a criminal offense, then the act shall 
be considered the sole proximate cause of any resulting death, personal injuries, or 
property damage; or
(vi)
an action or proceeding commenced to enforce the provisions of 18 U.S.C. 
Chapter 44, 26 U.S.C. Chapter 53, or 
Title 76, Chapter 10, Part 5, Weapons
Title 
76, Chapter 11, Weapons
.
(6)
"Qualified product" means a firearm or antique firearm, as defined in Section 
76-10-501
76-11-101
, ammunition, or a component part of a firearm or ammunition.
(7)
"Seller" means, with respect to a qualified product, a federal firearms licensee, as 
defined in Section 
76-10-501
53-5a-601
.
(8)
"Trade association" means:
(a)
any corporation, unincorporated association, federation, business league, or 
professional or business organization not organized or operated for profit and no part 
of the net earnings of which inures to the benefit of any private shareholder or 
individual;
(b)
an organization described in 26 U.S.C. Sec. 501(c)(6) and exempt from tax under 26 
U.S.C. Sec. 501(a); and
(c)
an organization, two or more members of which are manufacturers or sellers of a 
qualified product.
(9)
"Unlawful misuse" means conduct that violates a statute, ordinance, or regulation as it 
relates to the use of a qualified product.
Section 52, Section 
53-10-202
 is amended to read:
53-10-202
. Criminal identification -- Duties of bureau.
The bureau shall:
(1)
procure and file information relating to identification and activities of persons who:
(a)
are fugitives from justice;
(b)
are wanted or missing;
(c)
have been arrested for or convicted of a crime under the laws of any state or nation; 
and
(d)
are believed to be involved in racketeering, organized crime, or a dangerous offense;
(2)
establish a statewide uniform crime reporting system that shall include:
(a)
statistics concerning general categories of criminal activities;
(b)
statistics concerning crimes that exhibit evidence of prejudice based on race, 
religion, ancestry, national origin, ethnicity, or other categories that the division finds 
appropriate;
(c)
statistics concerning the use of force by law enforcement officers in accordance with 
the Federal Bureau of Investigation's standards; and
(d)
other statistics required by the Federal Bureau of Investigation;
(3)
make a complete and systematic record and index of the information obtained under this 
part;
(4)
subject to the restrictions in this part, establish policy concerning the use and 
dissemination of data obtained under this part;
(5)
publish an annual report concerning the extent, fluctuation, distribution, and nature of 
crime in Utah;
(6)
establish a statewide central register for the identification and location of missing 
persons, which may include:
(a)
identifying data including fingerprints of each missing person;
(b)
identifying data of any missing person who is reported as missing to a law 
enforcement agency having jurisdiction;
(c)
dates and circumstances of any persons requesting or receiving information from the 
register; and
(d)
any other information, including blood types and photographs found necessary in 
furthering the purposes of this part;
(7)
publish a quarterly directory of missing persons for distribution to persons or entities 
likely to be instrumental in the identification and location of missing persons;
(8)
list the name of every missing person with the appropriate nationally maintained 
missing persons lists;
(9)
establish and operate a 24-hour communication network for reports of missing persons 
and reports of sightings of missing persons;
(10)
coordinate with the National Center for Missing and Exploited Children and other 
agencies to facilitate the identification and location of missing persons and the 
identification of unidentified persons and bodies;
(11)
receive information regarding missing persons as provided in Sections 
26B-8-130
 and 
53G-6-602
, and stolen vehicles, vessels, and outboard motors, as provided in Section 
41-1a-1401
;
(12)
adopt systems of identification, including the fingerprint system, to be used by the 
division to facilitate law enforcement;
(13)
assign a distinguishing number or mark of identification to any pistol or revolver, as 
provided in Section 
76-10-520
53-5a-105
;
(14)
check certain criminal records databases for information regarding motor vehicle 
salesperson applicants, maintain a separate file of fingerprints for motor vehicle 
salespersons, and inform the Motor Vehicle Enforcement Division when new entries are 
made for certain criminal offenses for motor vehicle salespersons in accordance with the 
requirements of Section 
41-3-205.5
;
(15)
check certain criminal records databases for information regarding driving privilege 
card applicants or cardholders and maintain a separate file of fingerprints for driving 
privilege applicants and cardholders and inform the federal Immigration and Customs 
Enforcement Agency of the United States Department of Homeland Security when new 
entries are made in accordance with the requirements of Section 
53-3-205.5
;
(16)
review and approve or disapprove applications for license renewal that meet the 
requirements for renewal; and
(17)
forward to the board those applications for renewal under Subsection 
(16)
 that do not 
meet the requirements for renewal.
Section 53, Section 
53-10-202.5
 is amended to read:
53-10-202.5
. Bureau services -- Fees.
The bureau shall collect fees for the following services:
(1)
applicant fingerprint card as determined by Section 
53-10-108
;
(2)
bail enforcement licensing as determined by Section 
53-11-115
;
(3)
concealed firearm permit as determined by Section 
53-5-707
53-5a-307
;
(4)
provisional concealed firearm permit as determined by Section 
53-5-707.5
53-5a-308
;
(5)
a certificate of eligibility for expungement as described in Section 
77-40a-304
;
(6)
firearm purchase background check as determined by Section 
76-10-526
53-5a-602
;
(7)
name check as determined by Section 
53-10-108
;
(8)
private investigator licensing as determined by Section 
53-9-111
; and
(9)
right of access as determined by Section 
53-10-108
.
Section 54, 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)(xii)
76-11-303(13)
; or
(b)
with whom none of the relationships described in Subsection 
76-10-503(1)(b)(xii)
76-11-303(13)
 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 55, Section 
53-10-403
 is amended to read:
53-10-403
. DNA specimen analysis -- Application to offenders, including minors.
(1)
Sections 
53-10-403.6
, 
53-10-404
, 
53-10-404.5
, 
53-10-405
, and 
53-10-406
 apply to:
(a)
a person who has pled guilty to or has been convicted of any of the offenses under 
Subsection (2)(a) or (b) on or after July 1, 2002;
(b)
a person who has pled guilty to or has been convicted by any other state or by the 
United States government of an offense which if committed in this state would be 
punishable as one or more of the offenses listed in Subsection (2)(a) or (b) on or after 
July 1, 2003;
(c)
a person who has been booked on or after January 1, 2011, through December 31, 
2014, for any offense under Subsection (2)(c);
(d)
a person who has been booked:
(i)
by a law enforcement agency that is obtaining a DNA specimen on or after May 
13, 2014, through December 31, 2014, under Subsection 
53-10-404
(4)(b) for any 
felony offense; or
(ii)
on or after January 1, 2015, for any felony offense; or
(e)
a minor:
(i)
(A)
who is adjudicated by the juvenile court for an offense described in 
Subsection (2) that is within the jurisdiction of the juvenile court on or after 
July 1, 2002; or
(B)
who is adjudicated by the juvenile court for an offense described in 
Subsection (2) and is in the legal custody of the Division of Juvenile Justice 
and Youth 
Services for the offense on or after July 1, 2002; and
(ii)
who is 14 years old or older at the time of the commission of the offense 
described in Subsection (2).
(2)
Offenses referred to in Subsection (1) are:
(a)
any felony or class A misdemeanor under the Utah Code;
(b)
any offense under Subsection (2)(a):
(i)
for which the court enters a judgment for conviction to a lower degree of offense 
under Section 
76-3-402
; or
(ii)
regarding which the court allows the defendant to enter a plea in abeyance as 
defined in Section 
77-2a-1
; or
(c)
(i)
any violent felony as defined in Section 
53-10-403.5
;
(ii)
sale or use of body parts, Section 
26B-8-315
;
(iii)
failure to stop at an accident that resulted in death, Section 
41-6a-401.5
;
(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);
(v)
a felony violation of enticing a minor, Section 
76-4-401
;
(vi)
negligently operating a vehicle resulting in injury, Subsection 
76-5-102.1
(2)(b);
(vii)
a felony violation of propelling a substance or object at a correctional officer, a 
peace officer, or an employee or a volunteer, including health care providers, 
Section 
76-5-102.6
;
(viii)
automobile homicide, Subsection 
76-5-207
(2)(b);
(ix)
aggravated human trafficking, Section 
76-5-310
, and aggravated human 
smuggling, Section 
76-5-310.1
;
(x)
a felony violation of unlawful sexual activity with a minor, Section 
76-5-401
;
(xi)
a felony violation of sexual abuse of a minor, Section 
76-5-401.1
;
(xii)
unlawful sexual contact with a 16 or 17-year old, Section 
76-5-401.2
;
(xiii)
sale of a child, Section 
76-7-203
;
(xiv)
aggravated escape, Section 
76-8-309.3
;
(xv)
a felony violation of threatened or attempted assault on an elected official, 
Section 
76-8-313
;
(xvi)
threat with intent to impede, intimidate, interfere, or retaliate against a judge or 
a member of the Board of Pardons and Parole or acting against a family member 
of a judge or a member of the Board of Pardons and Parole, Section 
76-8-316
;
(xvii)
assault with intent to impede, intimidate, interfere, or retaliate against a judge 
or a member of the Board of Pardons and Parole or acting against a family 
member of a judge or a member of the Board of Pardons and Parole, Section 
76-8-316.2
;
(xviii)
aggravated assault with intent to impede, intimidate, interfere, or retaliate 
against a judge or a member of the Board of Pardons and Parole or acting against 
a family member of a judge or a member of the Board of Pardons and Parole, 
Section 
76-8-316.4
;
(xix)
attempted murder with intent to impede, intimidate, interfere, or retaliate 
against a judge or a member of the Board of Pardons and Parole or acting against 
a family member of a judge or a member of the Board of Pardons and Parole, 
Section 
76-8-316.6
;
(xx)
advocating criminal syndicalism or sabotage, Section 
76-8-902
;
(xxi)
assembling for advocating criminal syndicalism or sabotage, Section 
76-8-903
;
(xxii)
a felony violation of sexual battery, Section 
76-9-702.1
;
(xxiii)
a felony violation of lewdness involving a child, Section 
76-9-702.5
;
(xxiv)
a felony violation of abuse or desecration of a dead human body, Section 
76-9-704
;
(xxv)
manufacture, possession, sale, or use of a weapon of mass destruction, Section 
76-10-402
;
(xxvi)
manufacture, possession, sale, or use of a hoax weapon of mass destruction, 
Section 
76-10-403
;
(xxvii)
possession of a concealed firearm in the commission of a violent felony, 
Subsection 
76-10-504
(4)
76-11-202(3)(c)
;
(xxviii)
assault with the intent to commit bus hijacking with a dangerous weapon, 
Subsection 
76-10-1504
(3);
(xxix)
commercial obstruction, Subsection 
76-10-2402
(2);
(xxx)
a felony violation of failure to register as a sex or kidnap offender, Section 
77-41-107
;
(xxxi)
repeat violation of a protective order, Subsection 
77-36-1.1
(4); or
(xxxii)
violation of condition for release after arrest under Section 
78B-7-802
.
Section 56, Section 
53-11-108
 is amended to read:
53-11-108
. Licensure -- Basic qualifications.
An applicant for licensure under this chapter shall meet the following qualifications:
(1)
An applicant shall be:
(a)
at least 21 years of age;
(b)
a citizen or legal resident of the United States; and
(c)
of good moral character.
(2)
An applicant may not:
(a)
have been convicted of:
(i)
a felony;
(ii)
any act involving illegally using, carrying, or possessing a dangerous weapon;
(iii)
any act of personal violence or force on any person or convicted of threatening to 
commit any act of personal violence or force against another person;
(iv)
any act constituting dishonesty or fraud;
(v)
impersonating a peace officer; or
(vi)
any act involving moral turpitude;
(b)
be on probation, parole, community supervision, or named in an outstanding arrest 
warrant; or
(c)
be employed as a peace officer.
(3)
If previously or currently licensed in another state or jurisdiction, the applicant shall be 
in good standing within that state or jurisdiction.
(4)
(a)
The applicant shall also have completed a training program of not less than 16 
hours that is approved by the board and includes:
(i)
instruction on the duties and responsibilities of a licensee under this chapter, 
including:
(A)
search, seizure, and arrest procedure;
(B)
pursuit, arrest, detainment, and transportation of a bail bond suspect; and
(C)
specific duties and responsibilities regarding entering an occupied structure to 
carry out functions under this chapter;
(ii)
the laws and rules relating to the bail bond business;
(iii)
the rights of the accused; and
(iv)
ethics.
(b)
The program may be completed after the licensure application is submitted, but shall 
be completed before a license may be issued under this chapter.
(5)
If the applicant desires to carry a firearm as a licensee, the applicant shall:
(a)
successfully complete a course regarding the specified types of weapons he plans to 
carry. The course shall:
(i)
be not less than 16 hours;
(ii)
be conducted by any national, state, or local firearms training organization 
approved by the Criminal Investigations and Technical Services Division created 
in Section 
53-10-103
; and
(iii)
provide training regarding general familiarity with the types of firearms to be 
carried, including:
(A)
the safe loading, unloading, storage, and carrying of the types of firearms to 
be concealed; and
(B)
current laws defining lawful use of a firearm by a private citizen, including 
lawful self-defense, use of deadly force, transportation, and concealment; and
(b)
shall hold a valid license to carry a concealed weapon, issued under Section 
53-5-704
53-5a-303
.
Section 57, Section 
53-13-116
 is amended to read:
53-13-116
. Report required after pointing a firearm at an individual.
(1)
As used in this section:
(a)
"Conductive energy device" means a weapon that uses electrical current to disrupt 
voluntary control of muscles.
(b)
"Firearm" means the same as that term is defined in Section 
76-10-501
76-11-101
.
(c)
"Law enforcement officer" means the same as that term is defined in Section 
53-13-103
.
(d)
"Officer-involved critical incident" means the same as that term is defined in Section 
76-2-408
.
(2)
A law enforcement officer shall file a report described in Subsection 
(3)
 if, during the 
performance of the officer's duties:
(a)
the officer points a firearm at an individual; or
(b)
the officer aims a conductive energy device at an individual and displays the 
electrical current.
(3)
(a)
A report described in Subsection 
(2)
 shall include:
(i)
a description of the incident;
(ii)
the identification of the individuals involved in the incident; and
(iii)
any other information required by the law enforcement agency.
(b)
A law enforcement officer shall submit a report required under Subsection 
(2)
 to the 
officer's law enforcement agency within 48 hours after the incident.
(4)
A supervisory law enforcement officer shall review a report submitted under Subsection 
(3)(b)
.
(5)
This section does not apply to:
(a)
law enforcement training exercises; or
(b)
an officer who, as part of an officer-involved critical incident, engaged in conduct 
described under Subsection 
(2)(a)
 or 
(2)(b)
.
Section 58, Section 
53-22-105
 is amended to read:
53-22-105
. School guardian program.
(1)
As used in this section:
(a)
"Annual training" means an annual four-hour training that:
(i)
a county security chief or a designee administers;
(ii)
the state security chief approves;
(iii)
can be tailored to local needs;
(iv)
allows an individual to practice and demonstrate firearms proficiency at a 
firearms range using the firearm the individual carries for self defense and defense 
of others;
(v)
includes the following components:
(A)
firearm safety, including safe storage of a firearm;
(B)
de-escalation tactics;
(C)
the role of mental health in incidents; and
(D)
disability awareness and interactions; and
(vi)
contains other training needs as determined by the state security chief.
(b)
"Biannual training" means a twice-yearly training that:
(i)
is at least four hours, unless otherwise approved by the state security chief;
(ii)
a county security chief or a designee administers;
(iii)
the state security chief approves;
(iv)
can be tailored to local needs; and
(v)
through which a school guardian at a school or simulated school environment:
(A)
receives training on the specifics of the building or buildings of the school, 
including the location of emergency supplies and security infrastructure; and
(B)
participates in a live-action practice plan with school administrators in 
responding to active threats at the school; and
(vi)
shall be taken with at least three months in between the two trainings.
(c)
"Firearm" means the same as that term is defined in Section 
76-10-501
76-11-101
.
(d)
"Initial training" means an in-person training that:
(i)
a county security chief or a designee administers;
(ii)
the state security chief approves;
(iii)
can be tailored to local needs; and
(iv)
provides:
(A)
training on general familiarity with the types of firearms that can be concealed 
for self-defense and defense of others;
(B)
training on the safe loading, unloading, storage, and carrying of firearms in a 
school setting;
(C)
training at a firearms range with instruction regarding firearms fundamentals, 
marksmanship, the demonstration and explanation of the difference between 
sight picture, sight alignment, and trigger control, and a recognized pistol 
course;
(D)
current laws dealing with the lawful use of a firearm by a private citizen, 
including laws on self-defense, defense of others, transportation of firearms, 
and concealment of firearms;
(E)
coordination with law enforcement officers in the event of an active threat;
(F)
basic trauma first aid;
(G)
the appropriate use of force, emphasizing the de-escalation of force and 
alternatives to using force;
 and
(H)
situational response evaluations, including:
(I)
protecting and securing a crime or accident scene;
(II)
notifying law enforcement;
(III)
controlling information; and
(IV)
other training that the county sheriff, designee, or department deems 
appropriate.
(e)
"Program" means the school guardian program created in this section.
(f)
(i)
"School employee" means an employee of a school whose duties and 
responsibilities require the employee to be physically present at a school's campus 
while school is in session.
(ii)
"School employee" does not include a principal, teacher, or individual whose 
primary responsibilities require the employee to be primarily present in a 
classroom to teach, care for, or interact with students, unless:
(A)
the principal, teacher, or individual is employed at a school with 100 or fewer 
students;
(B)
the principal, teacher, or individual is employed at a school with adjacent 
campuses as determined by the state security chief; or
(C)
as provided in Subsection 
53G-8-701.5(3)
.
(g)
"School guardian" means a school employee who meets the requirements of 
Subsection (3).
(2)
(a)
(i)
There is created within the department the school guardian program
;
.
(ii)
the
The
 state security chief shall oversee the school guardian program
;
.
(iii)
the
The
 applicable county security chief shall administer the school guardian 
program in each county.
(b)
The state security chief shall ensure that the school guardian program includes:
(i)
initial training;
(ii)
biannual training; and
(iii)
annual training.
(c)
A county sheriff may partner or contract with:
(i)
another county sheriff to support the respective county security chiefs in jointly 
administering the school guardian program in the relevant counties; and
(ii)
a local law enforcement agency of relevant jurisdiction to provide the:
(A)
initial training;
(B)
biannual training; and
(C)
annual training.
(3)
(a)
A school employee that volunteers to participate is eligible to join the program as 
a school guardian if:
(i)
the school administrator approves the volunteer school employee to be designated 
as a school guardian;
(ii)
the school employee satisfactorily completes initial training within six months 
before the day on which the school employee joins the program;
(iii)
the school employee holds a valid concealed carry permit issued under 
Title 53, 
Chapter 5, Part 7, Concealed Firearm Act
Title 53, Chapter 5a, Part 3, Concealed 
Firearm Permits
;
(iv)
the school employee certifies to the sheriff of the county where the school is 
located that the school employee has undergone the training in accordance with 
Subsection (3)(a)(ii) and intends to serve as a school guardian; and
(v)
the school employee successfully completes a mental health screening selected by 
the state security chief in collaboration with the Office of Substance Abuse and 
Mental Health established in Section 
26B-5-102
.
(b)
After joining the program a school guardian shall complete annual training and 
biannual training to retain the designation of a school guardian in the program.
(4)
The state security chief shall:
(a)
for each school that participates in the program, track each school guardian at the 
school by collecting the photograph and the name and contact information for each 
guardian;
(b)
make the information described in Subsection (4)(a) readily available to each law 
enforcement agency in the state categorized by school; and
(c)
provide each school guardian with a one-time stipend of $500.
(5)
A school guardian:
(a)
may store the school guardian's firearm on the grounds of a school only if:
(i)
the firearm is stored in a biometric gun safe;
(ii)
the biometric gun safe is located in the school guardian's office; and
(iii)
the school guardian is physically present on the grounds of the school while the 
firearm is stored in the safe;
(b)
shall carry the school guardian's firearm in a concealed manner; and
(c)
may not, unless during an active threat, display or open carry a firearm while on 
school grounds.
(6)
Except as provided in Subsection (5)(c), this section does not prohibit an individual who 
has a valid concealed carry permit but is not participating in the program from carrying a 
firearm on the grounds of a public school or charter school under Subsection 
76-10-505.5
(4)
76-11-205(4)
.
(7)
A school guardian:
(a)
does not have authority to act in a law enforcement capacity; and
(b)
may, at the school where the school guardian is employed:
(i)
take actions necessary to prevent or abate an active threat; and
(ii)
temporarily detain an individual when the school guardian has reasonable cause 
to believe the individual has committed or is about to commit a forcible felony, as 
that term is defined in Section 
76-2-402
.
(8)
A school may designate a single volunteer or multiple volunteers to participate in the 
school guardian program to satisfy the school safety personnel requirements of Section 
53G-8-701.5
.
(9)
The department may adopt, according to Title 63G, Chapter 3, Utah Administrative 
Rulemaking Act, rules to administer this section.
(10)
A school guardian who has active status in the guardian program is not liable for any 
civil damages or penalties if the school guardian:
(a)
when carrying or storing a firearm:
(i)
is acting in good faith; and
(ii)
is not grossly negligent; or
(b)
threatens, draws, or otherwise uses a firearm reasonably believing the action to be
necessary in compliance with Section 
76-2-402
.
(11)
A school guardian shall file a report described in Subsection (12) if, during the 
performance of the school guardian's duties, the school guardian points a firearm at an 
individual.
(12)
(a)
A report described in Subsection (11) shall include:
(i)
a description of the incident;
(ii)
the identification of the individuals involved in the incident; and
(iii)
any other information required by the state security chief.
(b)
A school guardian shall submit a report required under Subsection (11) to the school 
administrator, school safety and security director, and the state security chief within 
48 hours after the incident.
(c)
The school administrator, school safety and security director, and the state security 
chief shall consult and review the report submitted under Subsection (12)(b).
(13)
The requirements of Subsections (11) and (12) do not apply to a training exercise.
(14)
A school guardian may have the designation of school guardian revoked at any time by 
the school principal, county sheriff, or state security chief.
(15)
(a)
Any information or record created detailing a school guardian's participation in 
the program is:
(i)
a private, controlled, or protected record under Title 63G, Chapter 2, Government 
Records Access and Management Act; and
(ii)
available only to:
(A)
the state security chief;
(B)
administrators at the school guardian's school;
(C)
if applicable, other school safety personnel described in Section 
53G-8-701.5
;
(D)
a local law enforcement agency that would respond to the school in case of an 
emergency; and
(E)
the individual designated by the county sheriff in accordance with Section 
53-22-103
 of the county of the school where the school guardian in the 
program is located.
(b)
The information or record described in Subsection (15)(a) includes information 
related to the school guardian's identity and activity within the program as described 
in this section and any personal identifying information of a school guardian 
participating in the program collected or obtained during initial training, annual 
training, and biannual training.
(c)
An individual who intentionally or knowingly provides the information described in 
Subsection (15)(a) to an individual or entity not listed in Subsection (15)(a)(ii) is 
guilty of a class B misdemeanor.
Section 59, Section 
53-22-107
 is amended to read:
53-22-107
. Educator-Protector Program.
(1)
As used in this section:
(a)
"Annual classroom response training" means a training for a teacher:
(i)
that is held at least once a year and is administered, at no cost to a teacher, by the 
individual identified by the county sheriff as described in Section 
53-22-103
; and
(ii)
where the teacher is trained:
(A)
on how to defend a classroom against active threats emphasizing the teacher's 
role in stationary defense; and
(B)
on the safe loading, unloading, storage, and carrying of firearms in a school 
setting.
(b)
"Bureau" means the Bureau of Criminal Identification created in Section 
53-10-201
.
(c)
"Local education agency" means the same as that term is defined in Section 
53E-1-102
.
(d)
"Program" means the Educator-Protector Program created under this section.
(e)
"Teacher" means an individual employed by a local education agency who has an 
assignment to teach in a classroom.
(2)
There is created the Educator-Protector Program to incentivize a teacher to responsibly 
secure or carry a firearm on the grounds of the school where the teacher is employed.
(3)
(a)
To participate in the program, a teacher shall:
(i)
have completed an annual classroom response training within six months before 
the day on which the teacher joins the program;
(ii)
have a valid concealed carry permit issued under 
Title 53, Chapter 5, Part 7, 
Concealed Firearm Act
Title 53, Chapter 5a, Part 3, Concealed Firearm Permits
; 
and
(iii)
certify to the department that:
(A)
the teacher satisfies the requirements described in Subsections (3)(a)(i) and 
(3)(a)(ii); and
(B)
if applicable, intends to securely store or carry a firearm on the grounds of a 
school where the teacher is employed.
(b)
After joining the program, to retain the teacher's active status in the program, a 
teacher shall:
(i)
participate in annual classroom response training; and
(ii)
comply with any rules established by the department in accordance with 
Subsection (10).
(4)
(a)
The state security chief shall:
(i)
track each teacher that participates in the program by collecting a photograph, 
name, and contact information for each teacher;
(ii)
make the information described in Subsection (4)(a) readily available to each law 
enforcement agency in the state; and
(iii)
provide reasonable reimbursement, using funds appropriated by the Legislature, 
to a county sheriff for providing a teacher with annual classroom response training.
(b)
The state security chief shall categorize the information described in Subsection 
(4)(a)(i) by school.
(5)
A teacher participating in the program:
(a)
may store the teacher's firearm on the grounds of a school only if:
(i)
the firearm is stored in a biometric gun safe;
(ii)
the biometric gun safe is located in the teacher's classroom or office; and
(iii)
the teacher is physically present on the grounds of the school while the firearm is 
stored in the biometric gun safe; and
(b)
shall carry the teacher's firearm in a concealed manner unless during an active threat.
(6)
This section does not prohibit an individual who has a valid concealed carry permit but 
is not participating in the program from carrying firearms on the grounds of a school as 
described in Subsection 
76-10-505.5
(4)
76-11-205(4)
.
(7)
(a)
A teacher who has active status in the program is not liable for any civil damages 
or penalties if the teacher:
(i)
when carrying or storing a firearm:
(A)
is acting in good faith; and
(B)
is not grossly negligent; or
(ii)
threatens, draws, or otherwise uses a firearm reasonably believing the action to be 
necessary in compliance with Section 
76-2-402
.
(b)
A local education agency is not liable for civil damages or penalties resulting from a 
teacher who is participating in the program carrying, using, or storing a firearm at a 
school.
(8)
A local education agency may not prevent a teacher from participating in the program 
under this section.
(9)
(a)
Any information or record created detailing a teacher's participation in the 
program is:
(i)
a private, controlled, or protected record under Title 63G, Chapter 2, Government 
Records Access and Management Act; and
(ii)
available only to:
(A)
the state security chief;
(B)
a local law enforcement agency that would respond to the school in case of an 
emergency; and
(C)
the individual identified by the county sheriff as described in Section 
53-22-103
.
(b)
The information or record described in Subsection (9)(a) includes the information 
described in Subsection (4)(a)(i) and any personal identifying information of a 
teacher participating in the program collected or obtained during annual classroom 
response training.
(c)
An individual who intentionally or knowingly provides the information described in 
Subsection (9)(a) to an individual or entity not listed in Subsection (9)(a)(ii) is guilty 
of a class A misdemeanor.
(10)
In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the 
department may adopt rules to administer this section.
Section 60, Section 
53-25-103
 is amended to read:
53-25-103
. 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)
76-11-218(2)(a)
:
(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)
76-11-218(2)(b)
:
(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 61, Section 
53-25-501
 is amended to read:
53-25-501
. Reporting requirements for seized firearms.
(1)
As used in this section:
(a)
"Commission" means the State Commission on Criminal and Juvenile Justice created 
in Section 
63M-7-201
.
(b)
"Firearm" means the same as that term is defined in Section 
76-10-501
76-11-101
.
(c)
"Restricted person" means a Category I or Category II restricted person 
as defined 
in Section 
76-10-503
under Section 
76-11-302
 or 
76-11-303
.
(2)
Beginning on July 1, 2026, a law enforcement agency, not including the Department of 
Corrections, shall annually on or before April 30 report to the commission the following 
data for the previous calendar year:
(a)
the number of firearms the law enforcement agency lawfully seized from restricted 
persons;
(b)
the types of firearms the law enforcement agency lawfully seized from restricted 
persons;
(c)
information on where the restricted persons obtained the firearms seized by the law 
enforcement agency if the information is known or discoverable by the law 
enforcement agency; and
(d)
the reasons under Subsection 
76-10-503
(1)(a) or (b) that made the individuals who 
had weapons seized restricted persons.
Section 62, Section 
53B-3-103
 is amended to read:
53B-3-103
. Power of board and institutions to adopt rules and enact regulations.
(1)
As used in this section
,
:
(a)
"Face covering" means the same as that term is defined in Section 
53G-9-210
.
(b)
 "institution"
"Institution"
 means an institution listed in Section 
53B-1-102
.
(2)
(a)
The board may enact regulations governing the conduct of university and college 
students, faculty, and employees.
(b)
A president in consultation with the board of trustees, may enact policies governing 
the conduct of university and college students, faculty, and employees.
(3)
(a)
An institution may enact traffic, parking, and related policies governing all 
individuals on campus and facilities owned or controlled by the institution.
(b)
(i)
The board and an institution may not require proof of vaccination as a 
condition for enrollment or attendance within the system of higher education 
unless the board or an institution allows for the following exemptions:
(A)
a medical exemption if the student provides to the institution a statement that 
the claimed exemption is for a medical reason; and
(B)
a personal exemption if the student provides to the institution a statement that 
the claimed exemption is for a personal or religious belief.
(ii)
An institution that offers both remote and in-person learning options may not 
deny a student who is exempt from a requirement to receive a vaccine under 
Subsection 
(2)(b)(i) 
(3)(b)(i) 
to participate in an in-person learning option based 
upon the student's vaccination status.
(iii)
Subsections 
(2)(b)(i) 
(3)(b)(i) 
and (ii) do not apply to a student studying in a 
medical setting at an institution of higher education.
(iv)
Nothing in this section restricts a state or local health department from acting 
under applicable law to contain the spread of an infectious disease.
(c)
(i)
For purposes of this Subsection (2)(c), "face covering" means the same as that 
term is defined in Section 
53G-9-210
.
(ii)
(c)
(i)
The board or an institution may not require an individual to wear a face 
covering as a condition of attendance for in-person instruction, 
institution-sponsored athletics, institution-sponsored extracurricular activities, in 
dormitories, or in any other place on a campus of an institution within the system 
of higher education at any time after the end of the spring semester in 2021.
(iii)
(ii)
Subsection 
(2)(c)(ii) 
(3)(c)(i) 
does not apply to an individual in a medical 
setting at an institution of higher education.
(4)
The board shall enact regulations that require all testimony be given under oath during 
an employee grievance hearing for a non-faculty employee of an institution of higher 
education if the grievance hearing relates to the non-faculty employee's:
(a)
demotion; or
(b)
termination.
(5)
Acknowledging that the Legislature has the authority to regulate, by law, firearms at 
higher education institutions, the board may:
(a)
authorize higher education institutions to establish no more than one secure area at 
each institution as a hearing room in accordance with Section 
76-8-311.1
, but not 
otherwise restrict the lawful possession or carrying of firearms; and
(b)
authorize a higher education institution to make a policy that allows a resident of a 
dormitory located at the institution to request only roommates who are not licensed to 
carry a concealed firearm under 
Section 
53-5-704
 or 
53-5-705
Section 
53-5a-303
 or 
Section 
53-5a-305
.
(6)
In addition to the requirements and penalty prescribed in Sections 
76-8-311.1
 and 
76-8-311.2
, the board shall make rules to ensure:
(a)
the use of reasonable means such as mechanical, electronic, x-ray, or similar devices, 
to detect firearms, ammunition, or dangerous weapons contained in the personal 
property of or on the person of any individual attempting to enter a secure area 
hearing room;
(b)
that an individual required or requested to attend a hearing in a secure area hearing 
room is notified in writing of the requirements related to entering a secure area 
hearing room under this Subsection (6)(b) and Section 
76-8-311.1
;
(c)
that the restriction of firearms, ammunition, or dangerous weapons in the secure area 
hearing room is in effect only during the time the secure area hearing room is in use 
for hearings and for a reasonable time before and after the hearing; and
(d)
the application of reasonable space limitations to the secure area hearing room as the 
number of individuals involved in a typical hearing warrants.
(7)
The board and institutions may enforce the rules, regulations, and policies described in 
this section in any reasonable manner, including the assessment of fees, fines, and 
forfeitures, through:
(a)
withholding from money owed the violator;
(b)
the imposition of probation, suspension, or expulsion from the institution;
(c)
the revocation of privileges;
(d)
the refusal to issue certificates, degrees, and diplomas;
(e)
judicial process; or
(f)
 any reasonable combination of the alternatives described in this Subsection (7).
Section 63, Section 
53G-8-701.8
 is amended to read:
53G-8-701.8
. School safety and security director.
(1)
Except as provided in Subsection 
53G-8-701.5
(3), an LEA shall designate a school 
safety and security director as the LEA point of contact for the county security chief, 
local law enforcement, and the state security chief.
(2)
A school safety and security director shall:
(a)
participate in and satisfy the training requirements, including the annual and biannual 
requirements, described in:
(i)
Section 
53-22-105
 for school guardians;
(ii)
Section 
53G-8-702
 for school resource officers; and
(iii)
Section 
53G-8-704
 for armed school security guards;
(b)
have a valid concealed carry permit issued under 
Title 53, Chapter 5, Part 7
, 
Concealed Firearm Act
Title 53, Chapter 5a, Part 3, Concealed Firearm Permits
;
(c)
if the designee is an employee of an LEA, participate on the multidisciplinary team 
the LEA establishes;
(d)
coordinate security responses among, if applicable, the following individuals in the 
LEA that employs the school safety and security director:
(i)
school safety and security specialists;
(ii)
school resource officers;
(iii)
armed school security guards; and
(iv)
school guardians; and
(e)
collaborate and maintain effective communications with local law enforcement, a 
county security chief, the LEA, and school-based behavioral and mental health 
professionals to ensure adherence with all policies, procedures, protocols, rules, and 
regulations relating to school safety and security.
(3)
A school safety and security director:
(a)
does not have authority to act in a law enforcement capacity; and
(b)
may, at the LEA that employs the director:
(i)
take actions necessary to prevent or abate an active threat;
 and
(ii)
temporarily detain an individual when the school safety and security director has 
reasonable cause to believe the individual has committed or is about to commit a 
forcible felony, as that term is defined in Section 
76-2-402
;
.
(4)
Notwithstanding Subsection 
76-10-505.5
(4)
76-11-205(4)
, if a school safety and 
security director is carrying a firearm, the school safety and security director shall carry 
the school safety and security director's firearm in a concealed manner and may not, 
unless during an active threat, display or open carry a firearm while on school grounds.
(5)
A school may use the services of the school safety and security director on a temporary 
basis to satisfy the school safety personnel requirement of Subsection 
53G-8-701.5
(2).
(6)
The state security chief shall:
(a)
for each school safety and security director, track each school safety and security 
director by collecting the photograph and the name and contact information for each 
school safety and security director; and
(b)
make the information described in Subsection (6)(a) readily available to each law 
enforcement agency in the state categorized by LEA.
Section 64, Section 
53G-8-704
 is amended to read:
53G-8-704
. Contracts between an LEA and a contract security company for 
armed school security guards.
(1)
As used in this section:
(a)
"Armed private security officer" means the same as that term is defined in Section 
58-63-102
.
(b)
"Armed school security guard" means an armed private security officer who is:
(i)
licensed as an armed private security officer under Title 58, Chapter 63, Security 
Personnel Licensing Act; and
(ii)
has met the requirements described in Subsection (4)(a).
(c)
"Contract security company" means the same as that term is defined in Section 
58-63-102
.
(d)
"State security chief" means the same as that term is defined in Section 
53-22-102
.
(2)
(a)
An LEA may use an armed school security guard to satisfy the school safety 
personnel requirements of Section 
53G-8-701.5
.
(b)
An LEA that uses an armed school security guard under Subsection (2)(a) shall 
contract with a contract security company to provide armed school security guards at 
each school within the LEA.
(3)
The contract described in Subsection (2)(b) shall include a detailed description of:
(a)
the rights of a student under state and federal law with regard to:
(i)
searches;
(ii)
questioning;
(iii)
arrests; and
(iv)
information privacy;
(b)
job assignment and duties of an armed school security guard, including:
(i)
the school to which an armed school security guard will be assigned;
(ii)
the hours an armed school security guard is present at the school;
(iii)
the point of contact at the school that an armed school security guard will contact 
in case of an emergency;
(iv)
specific responsibilities for providing and receiving information;
(v)
types of records to be kept, and by whom;
 and
(vi)
training requirements; and
(c)
other expectations of the contract security company in relation to school security at 
the LEA.
(4)
(a)
In addition to the requirements for licensure under Title 58, Chapter 63, Security 
Personnel Licensing Act, an armed private security officer may only serve as an 
armed school security guard under a contract described in Subsection (2)(b) if the 
armed private security officer:
(i)
has a valid concealed carry permit issued under 
Title 53, Chapter 5, Part 7, 
Concealed Firearm Act
Title 53, Chapter 5a, Part 3, Concealed Firearm Permits
; 
and
(ii)
has undergone training from a county security chief regarding:
(A)
the safe loading, unloading, storage, and carrying of firearms in a school 
setting;
(B)
the role of armed security guards in a school setting; and
(C)
coordination with law enforcement and school officials during an active threat.
(b)
An armed school security guard that meets the requirements of Subsection (4)(a) 
shall, in order to remain eligible to be assigned as an armed school security guard at 
any school under a contract described in Subsection (2)(b), participate in and satisfy 
the training requirements of the initial, annual, and biannual trainings as defined in 
Section 
53-22-105
.
(5)
An armed school security guard may conceal or openly carry a firearm at the school at 
which the armed school security guard is employed under the contract described in 
Subsection (2)(b).
(6)
An LEA that enters a contract under this section shall inform the state security chief and 
the relevant county security chief of the contract and provide the contact information of 
the contract security company employing the armed security guard for use during an 
emergency.
(7)
The state security chief shall:
(a)
for each LEA that contracts with a contract security company under this section, 
track each contract security company providing armed school security guards by 
name and the contact information for use in case of an emergency; and
(b)
make the information described in Subsection (7)(a) readily available to each law 
enforcement agency in the state by school.
(8)
An armed school security guard shall file a report described in Subsection (9) if, during 
the performance of the armed school security guard's duties, the armed school security 
guard:
(a)
points a firearm at an individual; or
(b)
aims a conductive energy device at an individual and displays the electrical current.
(9)
(a)
A report described in Subsection (8) shall include:
(i)
a description of the incident;
(ii)
the identification of the individuals involved in the incident; and
(iii)
any other information required by the state security chief.
(b)
An armed school security guard shall submit a report required under Subsection (8) 
to the school administrator, school safety and security director, and the state security 
chief within 48 hours after the incident.
(c)
The school administrator, school safety and security director, and the state security 
chief shall consult and review the report submitted under Subsection (9)(b).
Section 65, Section 
58-37-8
 is amended to read:
58-37-8
. Prohibited acts -- Penalties.
(1)
Prohibited acts A -- Penalties and reporting:
(a)
Except as authorized by this chapter, it is unlawful for a person to knowingly and 
intentionally:
(i)
produce, manufacture, or dispense, or to possess with intent to produce, 
manufacture, or dispense, a controlled or counterfeit substance;
(ii)
distribute a controlled or counterfeit substance, or to agree, consent, offer, or 
arrange to distribute a controlled or counterfeit substance;
(iii)
possess a controlled or counterfeit substance with intent to distribute; or
(iv)
engage in a continuing criminal enterprise where:
(A)
the person participates, directs, or engages in conduct that results in a 
violation of this chapter, Chapter 37a, Utah Drug Paraphernalia Act, Chapter 
37b, Imitation Controlled Substances Act, Chapter 37c, Utah Controlled 
Substance Precursor Act, or Chapter 37d, Clandestine Drug Lab Act, that is a 
felony; and
(B)
the violation is a part of a continuing series of two or more violations of this 
chapter, Chapter 37a, Utah Drug Paraphernalia Act, Chapter 37b, Imitation 
Controlled Substances Act, Chapter 37c, Utah Controlled Substance Precursor 
Act, or Chapter 37d, Clandestine Drug Lab Act, on separate occasions that are 
undertaken in concert with five or more persons with respect to whom the 
person occupies a position of organizer, supervisor, or any other position of 
management.
(b)
A person convicted of violating Subsection (1)(a) with respect to:
(i)
a substance or a counterfeit of a substance classified in Schedule I or II, a 
controlled substance analog, or gammahydroxybutyric acid as listed in Schedule 
III is guilty of a second degree felony, punishable by imprisonment for not more 
than 15 years, and upon a second or subsequent conviction is guilty of a first 
degree felony;
(ii)
a substance or a counterfeit of a substance classified in Schedule III or IV, or 
marijuana, or a substance listed in Section 
58-37-4.2
 is guilty of a third degree 
felony, and upon a second or subsequent conviction is guilty of a second degree 
felony; or
(iii)
a substance or a counterfeit of a substance classified in Schedule V is guilty of a 
class A misdemeanor and upon a second or subsequent conviction is guilty of a 
third degree felony.
(c)
(i)
Except as provided in Subsection (1)(c)(ii), a person who has been convicted of 
a violation of Subsection (1)(a)(ii) or (iii) may be sentenced to imprisonment for 
an indeterminate term as described in Subsection (1)(b) and 
Title 76, Chapter 3, 
Punishments
.
(ii)
The court shall impose an indeterminate prison term for a person who has been 
convicted of a violation of Subsection (1)(a)(ii) or (iii) that is a first degree felony 
or a second degree felony if the trier of fact finds beyond a reasonable doubt that, 
during the commission or furtherance of the violation, the person intentionally or 
knowingly:
(A)
used, drew, or exhibited a dangerous weapon, as that term is defined in 
Section 
76-10-501
76-11-101
, that is not a firearm, in an angry, threatening, 
intimidating, or coercive manner;
(B)
used a firearm
, as that term is defined in Section 
76-11-101
,
 or had a firearm 
readily accessible for immediate use, as 
those terms are
that term is
 defined in 
Section 
76-10-501
76-11-201
; or
(C)
distributed a firearm, as that term is defined in Section 
76-10-501
76-11-101
, 
or possessed a firearm with intent to distribute the firearm.
(iii)
Notwithstanding Subsection (1)(c)(ii), a court may suspend the indeterminate 
prison term for a person convicted under Subsection (1)(c)(ii) if the court:
(A)
details on the record the reasons why it is in the interests of justice not to 
impose the indeterminate prison term;
(B)
makes a finding on the record that the person does not pose a significant 
safety risk to the public; and
(C)
orders the person to complete the terms and conditions of supervised 
probation provided by the Department of Corrections.
(d)
(i)
A person convicted of violating Subsection (1)(a)(iv) is guilty of a first degree 
felony punishable by imprisonment for an indeterminate term of not less than:
(A)
seven years and which may be for life; or
(B)
15 years and which may be for life if the trier of fact determined that the 
defendant knew or reasonably should have known that any subordinate under 
Subsection (1)(a)(iv)(B) was under 18 years old.
(ii)
Imposition or execution of the sentence may not be suspended, and the person is 
not eligible for probation.
(iii)
Subsection (1)(d)(i)(B) does not apply to any defendant who, at the time of the 
offense, was under 18 years old.
(e)
The Administrative Office of the Courts shall report to the Division of Professional 
Licensing the name, case number, date of conviction, and if known, the date of birth 
of each person convicted of violating Subsection (1)(a).
(2)
Prohibited acts B -- Penalties and reporting:
(a)
It is unlawful:
(i)
for a person knowingly and intentionally to possess or use a controlled substance 
analog or a controlled substance, unless it was obtained under a valid prescription 
or order, directly from a practitioner while acting in the course of the person's 
professional practice, or as otherwise authorized by this chapter;
(ii)
for an owner, tenant, licensee, or person in control of a building, room, tenement, 
vehicle, boat, aircraft, or other place knowingly and intentionally to permit them 
to be occupied by persons unlawfully possessing, using, or distributing controlled 
substances in any of those locations; or
(iii)
for a person knowingly and intentionally to possess an altered or forged 
prescription or written order for a controlled substance.
(b)
A person convicted of violating Subsection (2)(a)(i) with respect to:
(i)
marijuana, if the amount is 100 pounds or more, is guilty of a second degree 
felony; or
(ii)
a substance classified in Schedule I or II, or a controlled substance analog, is 
guilty of a class A misdemeanor on a first or second conviction, and on a third or 
subsequent conviction if each prior offense was committed within seven years 
before the date of the offense upon which the current conviction is based is guilty 
of a third degree felony.
(c)
Upon a person's conviction of a violation of this Subsection (2) subsequent to a 
conviction under Subsection (1)(a), that person shall be sentenced to a one degree 
greater penalty than provided in this Subsection (2).
(d)
A person who violates Subsection (2)(a)(i) with respect to all other controlled 
substances not included in Subsection (2)(b)(i) or (ii), including a substance listed in 
Section 
58-37-4.2
, or marijuana, is guilty of a class B misdemeanor.
(i)
Upon a third conviction the person is guilty of a class A misdemeanor, if each 
prior offense was committed within seven years before the date of the offense 
upon which the current conviction is based.
(ii)
Upon a fourth or subsequent conviction the person is guilty of a third degree 
felony if each prior offense was committed within seven years before the date of 
the offense upon which the current conviction is based.
(e)
A person convicted of violating Subsection (2)(a)(i) while inside the exterior 
boundaries of property occupied by a correctional facility as defined in Section 
64-13-1
 or a public jail or other place of confinement shall be sentenced to a penalty 
one degree greater than provided in Subsection (2)(b), and if the conviction is with 
respect to controlled substances as listed in:
(i)
Subsection (2)(b), the person may be sentenced to imprisonment for an 
indeterminate term as provided by law, and:
(A)
the court shall additionally sentence the person convicted to a term of one year 
to run consecutively and not concurrently; and
(B)
the court may additionally sentence the person convicted for an indeterminate 
term not to exceed five years to run consecutively and not concurrently; and
(ii)
Subsection (2)(d), the person may be sentenced to imprisonment for an 
indeterminate term as provided by law, and the court shall additionally sentence 
the person convicted to a term of six months to run consecutively and not 
concurrently.
(f)
A person convicted of violating Subsection (2)(a)(ii) or (iii) is:
(i)
on a first conviction, guilty of a class B misdemeanor;
(ii)
on a second conviction, guilty of a class A misdemeanor; and
(iii)
on a third or subsequent conviction, guilty of a third degree felony.
(g)
The Administrative Office of the Courts shall report to the Division of Professional 
Licensing the name, case number, date of conviction, and if known, the date of birth 
of each person convicted of violating Subsection (2)(a).
(3)
Prohibited acts C -- Penalties:
(a)
It is unlawful for a person knowingly and intentionally:
(i)
to use in the course of the manufacture or distribution of a controlled substance a 
license number which is fictitious, revoked, suspended, or issued to another 
person or, for the purpose of obtaining a controlled substance, to assume the title 
of, or represent oneself to be, a manufacturer, wholesaler, apothecary, physician, 
dentist, veterinarian, or other authorized person;
(ii)
to acquire or obtain possession of, to procure or attempt to procure the 
administration of, to obtain a prescription for, to prescribe or dispense to a person 
known to be attempting to acquire or obtain possession of, or to procure the 
administration of a controlled substance by misrepresentation or failure by the 
person to disclose receiving a controlled substance from another source, fraud, 
forgery, deception, subterfuge, alteration of a prescription or written order for a 
controlled substance, or the use of a false name or address;
(iii)
to make a false or forged prescription or written order for a controlled substance, 
or to utter the same, or to alter a prescription or written order issued or written 
under the terms of this chapter; or
(iv)
to make, distribute, or possess a punch, die, plate, stone, or other thing designed 
to print, imprint, or reproduce the trademark, trade name, or other identifying 
mark, imprint, or device of another or any likeness of any of the foregoing upon 
any drug or container or labeling so as to render a drug a counterfeit controlled 
substance.
(b)
(i)
A first or second conviction under Subsection (3)(a)(i), (ii), or (iii) is a class A 
misdemeanor.
(ii)
A third or subsequent conviction under Subsection (3)(a)(i), (ii), or (iii) is a third 
degree felony.
(c)
A violation of Subsection (3)(a)(iv) is a third degree felony.
(4)
Prohibited acts D -- Penalties:
(a)
Notwithstanding other provisions of this section, a person not authorized under this 
chapter who commits any act that is unlawful under Subsection (1)(a) or Section 
58-37b-4
 is upon conviction subject to the penalties and classifications under this 
Subsection (4) if the trier of fact finds the act is committed:
(i)
in a public or private elementary or secondary school or on the grounds of any of 
those schools during the hours of 6 a.m. through 10 p.m.;
(ii)
in a public or private vocational school or postsecondary institution or on the 
grounds of any of those schools or institutions during the hours of 6 a.m. through 
10 p.m.;
(iii)
in or on the grounds of a preschool or child-care facility during the preschool's or 
facility's hours of operation;
(iv)
in a public park, amusement park, arcade, or recreation center when the public or 
amusement park, arcade, or recreation center is open to the public;
(v)
in or on the grounds of a house of worship as defined in Section 
76-10-501
76-11-201
;
(vi)
in or on the grounds of a library when the library is open to the public;
(vii)
within an area that is within 100 feet of any structure, facility, or grounds 
included in Subsections (4)(a)(i) through (vi);
(viii)
in the presence of a person younger than 18 years old, regardless of where the 
act occurs; or
(ix)
for the purpose of facilitating, arranging, or causing the transport, delivery, or 
distribution of a substance in violation of this section to an inmate or on the 
grounds of a correctional facility as defined in Section 
76-8-311.3
.
(b)
(i)
A person convicted under this Subsection (4) is guilty of a first degree felony 
and shall be imprisoned for a term of not less than five years if the penalty that 
would otherwise have been established but for this Subsection (4) would have 
been a first degree felony.
(ii)
Imposition or execution of the sentence may not be suspended, and the person is 
not eligible for probation.
(c)
If the classification that would otherwise have been established would have been less 
than a first degree felony but for this Subsection (4), a person convicted under this 
Subsection (4) is guilty of one degree more than the maximum penalty prescribed for 
that offense.
(d)
(i)
If the violation is of Subsection (4)(a)(ix):
(A)
the person may be sentenced to imprisonment for an indeterminate term as 
provided by law, and the court shall additionally sentence the person convicted 
for a term of one year to run consecutively and not concurrently; and
(B)
the court may additionally sentence the person convicted for an indeterminate 
term not to exceed five years to run consecutively and not concurrently; and
(ii)
the penalties under this Subsection (4)(d) apply also to a person who, acting with 
the mental state required for the commission of an offense, directly or indirectly 
solicits, requests, commands, coerces, encourages, or intentionally aids another 
person to commit a violation of Subsection (4)(a)(ix).
(e)
It is not a defense to a prosecution under this Subsection (4) that:
(i)
the actor mistakenly believed the individual to be 18 years old or older at the time 
of the offense or was unaware of the individual's true age; or
(ii)
the actor mistakenly believed that the location where the act occurred was not as 
described in Subsection (4)(a) or was unaware that the location where the act 
occurred was as described in Subsection (4)(a).
(5)
A violation of this chapter for which no penalty is specified is a class B misdemeanor.
(6)
(a)
For purposes of penalty enhancement under Subsections (1) and (2), a plea of 
guilty or no contest to a violation or attempted violation of this section or a plea 
which is held in abeyance under Title 77, Chapter 2a, Pleas in Abeyance, is the 
equivalent of a conviction, even if the charge has been subsequently reduced or 
dismissed in accordance with the plea in abeyance agreement.
(b)
A prior conviction used for a penalty enhancement under Subsection (2) shall be a 
conviction that is:
(i)
from a separate criminal episode than the current charge; and
(ii)
from a conviction that is separate from any other conviction used to enhance the 
current charge.
(7)
A person may be charged and sentenced for a violation of this section, notwithstanding 
a charge and sentence for a violation of any other section of this chapter.
(8)
(a)
A penalty imposed for violation of this section is in addition to, and not in lieu of, 
a civil or administrative penalty or sanction authorized by law.
(b)
When a violation of this chapter violates a federal law or the law of another state, 
conviction or acquittal under federal law or the law of another state for the same act 
is a bar to prosecution in this state.
(9)
In any prosecution for a violation of this chapter, evidence or proof that shows a person 
or persons produced, manufactured, possessed, distributed, or dispensed a controlled 
substance or substances, is prima facie evidence that the person or persons did so with 
knowledge of the character of the substance or substances.
(10)
This section does not prohibit a veterinarian, in good faith and in the course of the 
veterinarian's professional practice only and not for humans, from prescribing, 
dispensing, or administering controlled substances or from causing the substances to be 
administered by an assistant or orderly under the veterinarian's direction and supervision.
(11)
Civil or criminal liability may not be imposed under this section on:
(a)
a person registered under this chapter who manufactures, distributes, or possesses an 
imitation controlled substance for use as a placebo or investigational new drug by a 
registered practitioner in the ordinary course of professional practice or research;
(b)
a law enforcement officer acting in the course and legitimate scope of the officer's 
employment;
or
(c)
a healthcare facility, substance use harm reduction services program, or drug 
addiction treatment facility that temporarily possesses a controlled or counterfeit 
substance to conduct a test or analysis on the controlled or counterfeit substance to 
identify or analyze the strength, effectiveness, or purity of the substance for a public 
health or safety reason.
(12)
(a)
Civil or criminal liability may not be imposed under this section on any Indian, 
as defined in Section 
58-37-2
, who uses, possesses, or transports peyote for bona fide 
traditional ceremonial purposes in connection with the practice of a traditional Indian 
religion as defined in Section 
58-37-2
.
(b)
In a prosecution alleging violation of this section regarding peyote as defined in 
Section 
58-37-4
, it is an affirmative defense that the peyote was used, possessed, or 
transported by an Indian for bona fide traditional ceremonial purposes in connection 
with the practice of a traditional Indian religion.
(c)
(i)
The defendant shall provide written notice of intent to claim an affirmative 
defense under this Subsection (12) as soon as practicable, but not later than 10 
days before trial.
(ii)
The notice shall include the specific claims of the affirmative defense.
(iii)
The court may waive the notice requirement in the interest of justice for good 
cause shown, if the prosecutor is not unfairly prejudiced by the lack of timely 
notice.
(d)
The defendant shall establish the affirmative defense under this Subsection (12) by a 
preponderance of the evidence. If the defense is established, it is a complete defense 
to the charges.
(13)
(a)
It is an affirmative defense that the person produced, possessed, or administered 
a controlled substance listed in Section 
58-37-4.2
 if the person was:
(i)
engaged in medical research; and
(ii)
a holder of a valid license to possess controlled substances under Section 
58-37-6
.
(b)
It is not a defense under Subsection (13)(a) that the person prescribed or dispensed a 
controlled substance listed in Section 
58-37-4.2
.
(14)
It is an affirmative defense that the person possessed, in the person's body, a controlled 
substance listed in Section 
58-37-4.2
 if:
(a)
the person was the subject of medical research conducted by a holder of a valid 
license to possess controlled substances under Section 
58-37-6
; and
(b)
the substance was administered to the person by the medical researcher.
(15)
The application of any increase in penalty under this section to a violation of 
Subsection (2)(a)(i) may not result in any greater penalty than a second degree felony. 
This Subsection (15) takes precedence over any conflicting provision of this section.
(16)
(a)
It is an affirmative defense to an allegation of the commission of an offense 
listed in Subsection (16)(b) that the person or bystander:
(i)
reasonably believes that the person or another person is experiencing an overdose 
event due to the ingestion, injection, inhalation, or other introduction into the 
human body of a controlled substance or other substance;
(ii)
reports, or assists a person who reports, in good faith the overdose event to a 
medical provider, an emergency medical service provider as defined in Section 
53-2d-101
, a law enforcement officer, a 911 emergency call system, or an 
emergency dispatch system, or the person is the subject of a report made under 
this Subsection (16);
(iii)
provides in the report under Subsection (16)(a)(ii) a functional description of the 
actual location of the overdose event that facilitates responding to the person 
experiencing the overdose event;
(iv)
remains at the location of the person experiencing the overdose event until a 
responding law enforcement officer or emergency medical service provider 
arrives, or remains at the medical care facility where the person experiencing an 
overdose event is located until a responding law enforcement officer arrives;
(v)
cooperates with the responding medical provider, emergency medical service 
provider, and law enforcement officer, including providing information regarding 
the person experiencing the overdose event and any substances the person may 
have injected, inhaled, or otherwise introduced into the person's body; and
(vi)
is alleged to have committed the offense in the same course of events from which 
the reported overdose arose.
(b)
The offenses referred to in Subsection (16)(a) are:
(i)
the possession or use of less than 16 ounces of marijuana;
(ii)
the possession or use of a scheduled or listed controlled substance other than 
marijuana; and
(iii)
any violation of Chapter 37a, Utah Drug Paraphernalia Act, or Chapter 37b, 
Imitation Controlled Substances Act.
(c)
As used in this Subsection (16) and in Section 
76-3-203.11
, "good faith" does not 
include seeking medical assistance under this section during the course of a law 
enforcement agency's execution of a search warrant, execution of an arrest warrant, 
or other lawful search.
(17)
If any provision of this chapter, or the application of any provision to any person or 
circumstances, is held invalid, the remainder of this chapter shall be given effect without 
the invalid provision or application.
(18)
A legislative body of a political subdivision may not enact an ordinance that is less 
restrictive than any provision of this chapter.
(19)
If a minor who is under 18 years old is found by a court to have violated this section or 
Subsection 
76-5-102.1
(2)(b) or 
76-5-207
(2)(b), the court may order the minor to 
complete:
(a)
a screening as defined in Section 
41-6a-501
;
(b)
an assessment as defined in Section 
41-6a-501
 if the screening indicates an 
assessment to be appropriate; and
(c)
an educational series as defined in Section 
41-6a-501
 or substance use disorder 
treatment as indicated by an assessment.
Section 66, Section 
58-63-307
 is amended to read:
58-63-307
. Use of firearms.
(1)
An individual licensed as an armored car security officer or an armed private security 
officer may carry a firearm only while acting as an armored car security officer or an 
armed private security officer in accordance with this chapter and rules made under this 
chapter.
(2)
An individual licensed as an armored car security officer or an armed private security 
officer is exempt from the provisions of 
Section 
76-10-505
 and 
Title 53, Chapter 5, Part 
7, Concealed Firearm Act
Title 53, Chapter 5a, Part 3, Concealed Firearm Permits
, 
while acting as an armored car security officer or an armed private security officer in 
accordance with this chapter and rules made under this chapter.
Section 67, Section 
63G-2-303
 is amended to read:
63G-2-303
. Private information concerning certain government employees.
(1)
As used in this section:
(a)
"At-risk government employee" means a current or former:
(i)
peace officer as specified in Section 
53-13-102
;
(ii)
state or federal judge of an appellate, district, justice, or juvenile court, or court 
commissioner;
(iii)
judge authorized by Title 39A, Chapter 5, Utah Code of Military Justice;
(iv)
judge authorized by Armed Forces, Title 10, United States Code;
(v)
federal prosecutor;
(vi)
prosecutor appointed pursuant to Armed Forces, Title 10, United States Code;
(vii)
law enforcement official as defined in Section 
53-5-711
53-5a-311
;
(viii)
prosecutor authorized by Title 39A, Chapter 5, Utah Code of Military Justice; or
(ix)
state or local government employee who, because of the unique nature of the 
employee's regular work assignments or because of one or more recent credible 
threats directed to or against the employee, would be at immediate and substantial 
risk of physical harm if the employee's personal information is disclosed.
(b)
"Family member" means the spouse, child, sibling, parent, or grandparent of an 
at-risk government employee who is living with the employee.
(c)
"Personal information" means the employee's or the employee's family member's 
home address, home telephone number, personal mobile telephone number, personal 
pager number, personal email address, social security number, insurance coverage, 
marital status, or payroll deductions.
(2)
(a)
Pursuant to Subsection 
63G-2-302
(1)(h), an at-risk government employee may 
file a written application that:
(i)
gives notice of the employee's status as an at-risk government employee to each 
agency of a government entity holding a record or a part of a record that would 
disclose the employee's personal information; and
(ii)
requests that the government agency classify those records or parts of records as 
private.
(b)
An at-risk government employee desiring to file an application under this section 
may request assistance from the government agency to identify the individual records 
containing personal information.
(c)
Each government agency shall develop a form that:
(i)
requires the at-risk government employee to designate each specific record or part 
of a record containing the employee's personal information that the applicant 
desires to be classified as private;
(ii)
affirmatively requests that the government entity holding those records classify 
them as private;
(iii)
informs the employee that by submitting a completed form the employee may 
not receive official announcements affecting the employee's property, including 
notices about proposed municipal annexations, incorporations, or zoning 
modifications; and
(iv)
contains a place for the signature required under Subsection (2)(d).
(d)
A form submitted by an employee under Subsection (2)(c) shall be signed by the 
highest ranking elected or appointed official in the employee's chain of command 
certifying that the employee submitting the form is an at-risk government employee.
(3)
A county recorder, county treasurer, county auditor, or a county tax assessor may fully 
satisfy the requirements of this section by:
(a)
providing a method for the assessment roll and index and the tax roll and index that 
will block public access to the home address, home telephone number, situs address, 
and Social Security number; and
(b)
providing the at-risk government employee requesting the classification with a 
disclaimer informing the employee that the employee may not receive official 
announcements affecting the employee's property, including notices about proposed 
annexations, incorporations, or zoning modifications.
(4)
A government agency holding records of an at-risk government employee classified as 
private under this section may release the record or part of the record if:
(a)
the employee or former employee gives written consent;
(b)
a court orders release of the records; 
(c)
the government agency receives a certified death certificate for the employee or 
former employee; or
(d)
as it relates to the employee's voter registration record:
(i)
the person to whom the record or part of the record is released is a qualified 
person under Subsection 
20A-2-104
(4)(n); and
(ii)
the government agency's release of the record or part of the record complies with 
the requirements of Subsection 
20A-2-104
(4)(o).
(5)
(a)
If the government agency holding the private record receives a subpoena for the 
records, the government agency shall attempt to notify the at-risk government 
employee or former employee by mailing a copy of the subpoena to the employee's 
last-known mailing address together with a request that the employee either:
(i)
authorize release of the record; or
(ii)
within 10 days of the date that the copy and request are mailed, deliver to the 
government agency holding the private record a copy of a motion to quash filed 
with the court who issued the subpoena.
(b)
The government agency shall comply with the subpoena if the government agency 
has:
(i)
received permission from the at-risk government employee or former employee to 
comply with the subpoena;
(ii)
not received a copy of a motion to quash within 10 days of the date that the copy 
of the subpoena was mailed; or
(iii)
received a court order requiring release of the records.
(6)
(a)
Except as provided in Subsection (6)(b), a form submitted under this section 
remains in effect until the earlier of:
(i)
four years after the date the employee signs the form, whether or not the 
employee's employment terminates before the end of the four-year period; and
(ii)
one year after the government agency receives official notice of the death of the 
employee.
(b)
A form submitted under this section may be rescinded at any time by:
(i)
the at-risk government employee who submitted the form; or
(ii)
if the at-risk government employee is deceased, a member of the employee's 
immediate family.
Section 68, Section 
63G-2-801
 is amended to read:
63G-2-801
. Criminal penalties.
(1)
(a)
A public employee or other person who has lawful access to any private, 
controlled, or protected record under this chapter, and who intentionally discloses, 
provides a copy of, or improperly uses a private, controlled, or protected record 
knowing that the disclosure or use is prohibited under this chapter, is, except as 
provided in Subsection 
53-5-708(1)(c)
53-5a-310(1)(c)
, guilty of a class B 
misdemeanor.
(b)
It is a defense to prosecution under Subsection 
(1)(a)
 that the actor used or released 
private, controlled, or protected information in the reasonable belief that the use or 
disclosure of the information was necessary to expose a violation of law involving 
government corruption, abuse of office, or misappropriation of public funds or 
property.
(c)
It is a defense to prosecution under Subsection 
(1)(a)
 that the record could have 
lawfully been released to the recipient if it had been properly classified.
(d)
It is a defense to prosecution under Subsection 
(1)(a)
 that the public employee or 
other person disclosed, provided, or used the record based on a good faith belief that 
the disclosure, provision, or use was in accordance with the law.
(2)
(a)
A person who by false pretenses, bribery, or theft, gains access to or obtains a 
copy of any private, controlled, or protected record to which the person is not legally 
entitled is guilty of a class B misdemeanor.
(b)
No person shall be guilty under Subsection 
(2)(a)
 who receives the record, 
information, or copy after the fact and without prior knowledge of or participation in 
the false pretenses, bribery, or theft.
(3)
(a)
A public employee who intentionally refuses to release a record, the disclosure of 
which the employee knows is required by law, is guilty of a class B misdemeanor.
(b)
It is a defense to prosecution under Subsection 
(3)(a)
 that the public employee's 
failure to release the record was based on a good faith belief that the public employee 
was acting in accordance with the requirements of law.
(c)
A public employee who intentionally refuses to release a record, the disclosure of 
which the employee knows is required by a final unappealed order from a 
government entity, the State Records Committee, or a court is guilty of a class B 
misdemeanor.
Section 69, Section 
63I-1-253
 is amended to read:
63I-1-253
. Repeal dates: Titles 53 through 53G.
(1)
Section 
53-1-122
, Road Rage Awareness and Prevention Restricted Account, is 
repealed July 1, 2028.
(2)
Section 
53-2a-105
, Emergency Management Administration Council created -- 
Function -- Composition -- Expenses, is repealed July 1, 2029.
(3)
Section 
53-2a-1103
, Search and Rescue Advisory Board -- Members -- Compensation, 
is repealed July 1, 2027.
(4)
Section 
53-2a-1104
, General duties of the Search and Rescue Advisory Board, is 
repealed July 1, 2027.
(5)
Title 53, Chapter 2a, Part 15, Grid Resilience Committee, is repealed July 1, 2027.
(6)
Section 
53-2d-104
, State Emergency Medical Services Committee -- Membership -- 
Expenses, is repealed July 1, 2029.
(7)
Section 
53-2d-703
, Volunteer Emergency Medical Service Personnel Health Insurance 
Program -- Creation -- Administration -- Eligibility -- Benefits -- Rulemaking -- 
Advisory board, is repealed July 1, 2027.
(8)
Section 
53-5-703
53-5a-302
, 
Concealed Firearm Review 
Board -- Membership -- 
Compensation -- Terms -- Duties, is repealed July 1, 2029.
(9)
Section 
53-5a-603
, Information check before private sale of firearm, is repealed July 1, 
2025.
(9)
(10)
Section 
53-11-104
, Board, is repealed July 1, 2029.
(10)
(11)
Section 
53-22-104.1
, School Security Task Force -- Membership -- Duties -- Per 
diem -- Report -- Expiration, is repealed December 31, 2025.
(11)
(12)
Section 
53-22-104.2
, The School Security Task Force -- Education Advisory 
Board, is repealed December 31, 2025.
(12)
(13)
Subsection 
53B-1-301
(1)(j), regarding the Higher Education and Corrections 
Council, is repealed July 1, 2027.
(13)
(14)
Section 
53B-7-709
, Five-year performance goals, is repealed July 1, 2027.
(14)
(15)
Title 53B, Chapter 8a, Part 3, Education Savings Incentive Program, is repealed 
July 1, 2028.
(15)
(16)
Title 53B, Chapter 17, Part 11, USTAR Researchers, is repealed July 1, 2028.
(16)
(17)
Section 
53B-17-1203
, SafeUT and School Safety Commission established -- 
Members, is repealed January 1, 2030.
(17)
(18)
Title 53B, Chapter 18, Part 16, USTAR Researchers, is repealed July 1, 2028.
(18)
(19)
Title 53B, Chapter 18, Part 17, Food Security Council, is repealed July 1, 2027.
(19)
(20)
Title 53B, Chapter 18, Part 18, Electrification of Transportation Infrastructure 
Research Center, is repealed July 1, 2028.
(20)
(21)
Title 53B, Chapter 35, Higher Education and Corrections Council, is repealed 
July 1, 2027.
(21)
(22)
Subsection 
53C-3-203
(4)(b)(vii), regarding the distribution of money from the 
Land Exchange Distribution Account to the Geological Survey for test wells and other 
hydrologic studies in the West Desert, is repealed July 1, 2030.
(22)
(23)
Subsection 
53E-1-201
(1)(q), regarding the Higher Education and Corrections 
Council, is repealed July 1, 2027.
(23)
(24)
Subsection 
53E-2-304
(6), regarding foreclosing a private right of action or 
waiver of governmental immunity, is repealed July 1, 2027.
(24)
(25)
Subsection 
53E-3-503
(5), regarding coordinating councils for youth in care, is 
repealed July 1, 2027.
(25)
(26)
Subsection 
53E-3-503
(6), regarding coordinating councils for youth in care, is 
repealed July 1, 2027.
(26)
(27)
Subsection 
53E-4-202
(8)(b), regarding a standards review committee, is repealed 
January 1, 2028.
(27)
(28)
Section 
53E-4-203
, Standards review committee, is repealed January 1, 2028.
(28)
(29)
Title 53E, Chapter 6, Part 5, Utah Professional Practices Advisory Commission, 
is repealed July 1, 2033.
(29)
(30)
Subsection 
53E-7-207
(7), regarding a private right of action or waiver of 
governmental immunity, is repealed July 1, 2027.
(30)
(31)
Section 
53F-2-420
, Intensive Services Special Education Pilot Program, is 
repealed July 1, 2024.
(31)
(32)
Section 
53F-5-214
, Grant for professional learning, is repealed July 1, 2025.
(32)
(33)
Section 
53F-5-215
, Elementary teacher preparation grant, is repealed July 1, 
2025.
(33)
(34)
Section 
53F-5-219
, Local Innovations Civics Education Pilot Program, is 
repealed July 1, 2025.
(34)
(35)
Title 53F, Chapter 10, Part 2, Capital Projects Evaluation Panel, is repealed July 
1, 2027.
(35)
(36)
Subsection 
53G-4-608
(2)(b), regarding the Utah Seismic Safety Commission, is 
repealed January 1, 2025.
(36)
(37)
Subsection 
53G-4-608
(4)(b), regarding the Utah Seismic Safety Commission, is 
repealed January 1, 2025.
(37)
(38)
Section 
53G-9-212
, Drinking water quality in schools, is repealed July 1, 2027.
Section 70, Section 
63I-1-276
 is amended to read:
63I-1-276
. Repeal dates: Title 76.
(1)
Subsection 
76-7-313
(6), regarding a report provided by the Department of Health and 
Human Services, is repealed July 1, 2027.
(2)
Section 
76-10-526.1
, Information check before private sale of firearm, is repealed July 
1, 2025.
Section 71, 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 employee 
of a health facility, is repealed January 1, 2027.
(2)
Subsection 
76-10-529
(9)
76-11-218(10)
, regarding data collection requirements for a 
law enforcement agency that issues a written warning, citation, or referral, is repealed 
December 31, 2031.
Section 72, Section 
63M-7-220
 is amended to read:
63M-7-220
. Domestic violence data collection.
(1)
As used in this section:
(a)
"Commission" means the State Commission on Criminal and Juvenile Justice created 
in Section 
63M-7-201
.
(b)
"Cohabitant abuse protective order" means an order issued with or without notice to 
the respondent in accordance with Title 78B, Chapter 7, Part 6, Cohabitant Abuse 
Protective Orders.
(c)
"Lethality assessment" means an evidence-based assessment that is intended to 
identify a victim of domestic violence who is at a high risk of being killed by the 
perpetrator.
(d)
"Victim" means the same as that term is defined in Section 
77-36-1
.
(2)
Beginning July 1, 2025, each law enforcement agency and other organizations that 
provide domestic violence services within the state shall submit the following data to the 
commission for compilation and analysis in collaboration with the data collected by the 
Department of Public Safety in accordance with Section 
77-36-2.1
 and the 
Administrative Office of the Courts:
(a)
lethality assessments conducted in the state, including:
(i)
the type of lethality assessments used by law enforcement agencies and other 
organizations that provide domestic violence services; and
(ii)
training and protocols implemented by law enforcement agencies and the 
organizations described in Subsection (2)(a)(i) regarding the use of lethality 
assessments;
(b)
the data collection efforts implemented by law enforcement agencies and the 
organizations described in Subsection (2)(a)(i);
(c)
the number of cohabitant abuse protective orders that, in the immediately preceding 
calendar year, were:
(i)
issued;
(ii)
amended or dismissed before the date of expiration; and
(iii)
dismissed under Section 
78B-7-605
; and
(d)
the prevalence of domestic violence in the state and the prevalence of the following 
in domestic violence cases:
(i)
stalking;
(ii)
strangulation;
(iii)
violence in the presence of children; and
(iv)
threats of suicide or homicide.
(3)
The commission, in collaboration with domestic violence organizations and other 
related stakeholders, shall conduct a review of and provide feedback on:
(a)
lethality assessment training and protocols implemented by law enforcement 
agencies and the organizations described in Subsection (2)(a)(i); and
(b)
the collection of domestic violence data in the state, including:
(i)
coordination between state, local, and not-for-profit agencies to collect data from 
lethality assessments and on the prevalence of domestic violence, including the 
number of voluntary commitments of firearms under Section 
53-5c-201
53-5a-502
;
(ii)
efforts to standardize the format for collecting domestic violence and lethality 
assessment data from state, local, and not-for-profit agencies subject to federal 
confidentiality requirements; and
(iii)
the need for any additional data collection requirements or efforts.
(4)
On or before November 30 of each year, the commission shall provide a written report 
to the Law Enforcement and Criminal Justice Interim Committee describing:
(a)
the information gathered under Subsections (2) and (3); or
(b)
the progress and assessment of available data under Subsections (2) and (3).
Section 73, Section 
72-10-901
 is amended to read:
72-10-901
. Definitions.
As used in this part, "weapon" means:
(1)
a firearm as that term is defined in Section 
76-10-501
76-11-101
; or
(2)
an object that in the manner of the object's use or intended use is capable of causing 
death, bodily injury, or damage to property, as determined according to the following 
factors:
(a)
the location and circumstances in which the object is used or possessed;
(b)
the primary purpose for which the object is made;
(c)
the character of the damage, if any, the object is likely to cause;
(d)
the manner in which the object is used;
(e)
whether the manner in which the object is used or possessed constitutes a potential 
imminent threat to public safety; and
(f)
the lawful purposes for which the object may be used.
Section 74, Section 
73-29-102
 is amended to read:
73-29-102
. Definitions.
As used in this chapter:
(1)
"Division" means the Division of Wildlife Resources.
(2)
"Floating access" means the right to access public water flowing over private property 
for floating and fishing while floating upon the water.
(3)
"Impounded wetlands" means a wetland or wetland pond that is formed or the level of 
which is controlled by a dike, berm, or headgate that retains or manages the flow or 
depth of water, including connecting channels.
(4)
"Navigable water" means a water course that in its natural state without the aid of 
artificial means is useful for commerce and has a useful capacity as a public highway of 
transportation.
(5)
"Private property to which access is restricted" means privately owned real property:
(a)
that is cultivated land, as defined in Section 
23A-5-317
;
(b)
that is:
(i)
properly posted, as defined in Section 
23A-5-317
;
(ii)
posted as described in Subsection 
76-6-206(2)(b)(iii)
; or
(iii)
posted as described in Subsection 
76-6-206.3(2)(c)
;
(c)
that is fenced or enclosed as described in:
(i)
Subsection 
76-6-206(2)(b)(ii)
; or
(ii)
Subsection 
76-6-206.3(2)(b)
; or
(d)
that the owner or a person authorized to act on the owner's behalf has requested a 
person to leave as provided by:
(i)
Section 
23A-5-317
;
(ii)
Subsection 
76-6-206(2)(b)(i)
; or
(iii)
Subsection 
76-6-206.3(2)(a)
.
(6)
"Public access area" means the limited part of privately owned property that:
(a)
lies beneath or within three feet of a public water or that is the most direct, least 
invasive, and closest means of portage around an obstruction in a public water; and
(b)
is open to public recreational access under Section 
73-29-203
; and
(c)
can be accessed from an adjoining public assess area or public right-of-way.
(7)
"Public recreational access" means the right to engage in recreational access established 
in accordance with Section 
73-29-203
.
(8)
(a)
"Public water" means water:
(i)
described in Section 
73-1-1
; and
(ii)
flowing or collecting on the surface:
(A)
within a natural or realigned channel; or
(B)
in a natural lake, pond, or reservoir on a natural or realigned channel.
(b)
"Public water" does not include water flowing or collecting:
(i)
on impounded wetland;
(ii)
on a migratory bird production area, as defined in Section 
23A-13-101
;
(iii)
on private property in a manmade:
(A)
irrigation canal;
(B)
irrigation ditch; or
(C)
impoundment or reservoir constructed outside of a natural or realigned 
channel; or
(iv)
on a jurisdictional wetland described in 33 C.F.R. 328.3.
(9)
(a)
"Recreational access" means to use a public water and to touch a public access 
area incidental to the use of the public water for:
(i)
floating;
(ii)
fishing; or
(iii)
waterfowl hunting conducted:
(A)
in compliance with applicable law or rule, including Sections 
23A-5-314
, 
73-29-203
, and 
76-10-508
76-11-209
; and
(B)
so that the individual who engages in the waterfowl hunting shoots a firearm 
only while within a public access area and no closer than 600 feet of any 
dwelling.
(b)
"Recreational access" does not include:
(i)
hunting, except as provided in Subsection 
(9)(a)(iii)
;
(ii)
wading without engaging in activity described in Subsection 
(9)(a)
; or
(iii)
any other activity.
Section 75, Section 
76-3-203.1
 is amended to read:
76-3-203.1
. Offenses committed in concert with three or more persons or in 
relation to a criminal street gang -- Notice -- Enhanced penalties.
(1)
As used in this section:
(a)
"Criminal street gang" means the same as that term is defined in Section 
76-9-802
.
(b)
"In concert with three or more persons" means:
(i)
the defendant was aided or encouraged by at least three other persons in 
committing the offense and was aware of this aid or encouragement; and
(ii)
each of the other persons:
(A)
was physically present; and
(B)
participated as a party to any offense listed in Subsection (4), (5), or (6).
(c)
"In concert with three or more persons" means, regarding intent:
(i)
other persons participating as parties need not have the intent to engage in the 
same offense or degree of offense as the defendant; and
(ii)
a minor is a party if the minor's actions would cause the minor to be a party if the 
minor were an adult.
(2)
A person who commits any offense in accordance with this section is subject to an 
enhanced penalty as provided in Subsection (4), (5), or (6) if the trier of fact finds 
beyond a reasonable doubt that the person acted:
(a)
in concert with three or more persons;
(b)
for the benefit of, at the direction of, or in association with any criminal street gang 
as defined in Section 
76-9-802
; or
(c)
to gain recognition, acceptance, membership, or increased status with a criminal 
street gang as defined in Section 
76-9-802
.
(3)
The prosecuting attorney, or grand jury if an indictment is returned, shall cause to be 
subscribed upon the information or indictment notice that the defendant is subject to the 
enhanced penalties provided under this section.
(4)
(a)
For an offense listed in Subsection (4)(b), a person may be charged as follows:
(i)
for a class B misdemeanor, as a class A misdemeanor; and
(ii)
for a class A misdemeanor, as a third degree felony.
(b)
The following offenses are subject to Subsection (4)(a):
(i)
criminal mischief as described in Section 
76-6-106
;
(ii)
property damage or destruction as described in Section 
76-6-106.1
; and
(iii)
defacement by graffiti as described in Section 
76-6-107
.
(5)
(a)
For an offense listed in Subsection (5)(b), a person may be charged as follows:
(i)
for a class B misdemeanor, as a class A misdemeanor;
(ii)
for a class A misdemeanor, as a third degree felony; and
(iii)
for a third degree felony, as a second degree felony.
(b)
The following offenses are subject to Subsection (5)(a):
(i)
burglary, if committed in a dwelling as defined in Subsection 
76-6-202
(3)(b);
(ii)
any offense of obstructing government operations under Chapter 8, Part 3, 
Obstructing Governmental Operations, except Sections 
76-8-302
, 
76-8-303
, 
76-8-307
, 
76-8-308
, and 
76-8-312
;
(iii)
tampering with a witness under Section 
76-8-508
;
(iv)
retaliation against a witness, victim, or informant, or other violation of Section 
76-8-508.3
;
(v)
receiving or soliciting a bribe as a witness under Section 
76-8-508.7
;
(vi)
extortion or bribery to dismiss a criminal proceeding as defined in Section 
76-8-509
;
(vii)
any weapons offense under Chapter 10, Part 5, Weapons; and
(viii)
(vii)
any violation of Chapter 10, Part 16, Pattern of Unlawful Activity Act
; 
and
(viii)
any weapons offense under Title 76, Chapter 11, Weapons
.
(6)
(a)
For an offense listed in Subsection (6)(b), a person may be charged as follows:
(i)
for a class B misdemeanor, as a class A misdemeanor;
(ii)
for a class A misdemeanor, as a third degree felony;
(iii)
for a third degree felony, as a second degree felony; and
(iv)
for a second degree felony, as a first degree felony.
(b)
The following offenses are subject to Subsection (6)(a):
(i)
assault and related offenses under Chapter 5, Part 1, Assault and Related Offenses;
(ii)
any criminal homicide offense under Chapter 5, Part 2, Criminal Homicide;
(iii)
kidnapping and related offenses under Chapter 5, Part 3, Kidnapping, 
Trafficking, and Smuggling;
(iv)
any felony sexual offense under Chapter 5, Part 4, Sexual Offenses;
(v)
sexual exploitation of a minor as defined in Section 
76-5b-201
;
(vi)
aggravated sexual exploitation of a minor as defined in Section 
76-5b-201.1
;
(vii)
robbery and aggravated robbery under Chapter 6, Part 3, Robbery; and
(viii)
aggravated exploitation of prostitution under Section 
76-10-1306
.
(7)
The sentence imposed under Subsection (4), (5), or (6) may be suspended and the 
individual placed on probation for the higher level of offense.
(8)
It is not a bar to imposing the enhanced penalties under this section that the persons with 
whom the actor is alleged to have acted in concert are not identified, apprehended, 
charged, or convicted, or that any of those persons are charged with or convicted of a 
different or lesser offense.
Section 76, Section 
76-3-203.3
 is amended to read:
76-3-203.3
. Penalty for hate crimes -- Civil rights violation.
As used in this section:
(1)
"Primary offense" means those offenses provided in Subsection (4).
(2)
(a)
A person who commits any primary offense with the intent to intimidate or 
terrorize another person or with reason to believe that his action would intimidate or 
terrorize that person is subject to Subsection (2)(b).
(b)
(i)
A class C misdemeanor primary offense is a class B misdemeanor; and
(ii)
a class B misdemeanor primary offense is a class A misdemeanor.
(3)
"Intimidate or terrorize" means an act which causes the person to fear for his physical 
safety or damages the property of that person or another. The act must be accompanied 
with the intent to cause or has the effect of causing a person to reasonably fear to freely 
exercise or enjoy any right secured by the Constitution or laws of the state or by the 
Constitution or laws of the United States.
(4)
Primary offenses referred to in Subsection (1) are the misdemeanor offenses for:
(a)
assault and related offenses under Sections 
76-5-102
, 
76-5-102.4
, 
76-5-106
, 
76-5-107
, 
and 
76-5-108
;
(b)
any misdemeanor property destruction offense under Sections 
76-6-102
 and 
76-6-104
, 
and Subsection 
76-6-106
(2)(a);
(c)
any criminal trespass offense under Sections 
76-6-204
 and 
76-6-206
;
(d)
any misdemeanor theft offense under Chapter 6, Offenses Against Property;
(e)
any offense of obstructing government operations under Sections 
76-8-301
, 
76-8-301.2
, 
76-8-302
, 
76-8-305
, 
76-8-306
, 
76-8-307
, 
76-8-308
, 
76-8-309.2
, and 
76-8-313
;
(f)
any offense of interfering or intending to interfere with activities of colleges and 
universities under 
Title 76, 
Chapter 8, Part 7, Colleges and Universities;
(g)
any misdemeanor offense against public order and decency as defined in 
Title 76, 
Chapter 9, Part 1, Breaches of the Peace and Related Offenses;
(h)
any telephone abuse offense under 
Title 76, 
Chapter 9, Part 2, Electronic 
Communication and Telephone Abuse;
(i)
any cruelty to animals offense under Section 
76-9-301
;
(j)
any weapons offense under Section 
76-10-506
76-11-207
; or
(k)
a violation of Section 
76-9-102
, if the violation occurs at an official meeting.
(5)
This section does not affect or limit any individual's constitutional right to the lawful 
expression of free speech or other recognized rights secured by the Constitution or laws 
of the state or by the Constitution or laws of the United States.
Section 77, Section 
76-3-203.5
 is amended to read:
76-3-203.5
. Habitual violent offender -- Definition -- Procedure -- Penalty.
(1)
As used in this section:
(a)
"Felony" means any violation of a criminal statute of the state, any other state, the 
United States, or any district, possession, or territory of the United States for which 
the maximum punishment the offender may be subjected to exceeds one year in 
prison.
(b)
"Habitual violent offender" means a person convicted within the state of any violent 
felony and who on at least two previous occasions has been convicted of a violent 
felony and committed to either prison in Utah or an equivalent correctional institution 
of another state or of the United States either at initial sentencing or after revocation 
of probation.
(c)
"Violent felony" means:
(i)
any of the following offenses, or any attempt, solicitation, or conspiracy to 
commit any of the following offenses punishable as a felony:
(A)
arson as described in Section 
76-6-102
;
(B)
causing a catastrophe as described in Subsection 
76-6-105
(3)(a) or (3)(b);
(C)
criminal mischief as described in Section 
76-6-106
;
(D)
aggravated arson as described in Section 
76-6-103
;
(E)
assault by prisoner as described in Section 
76-5-102.5
;
(F)
disarming a police officer as described in Section 
76-5-102.8
;
(G)
aggravated assault as described in Section 
76-5-103
;
(H)
aggravated assault by prisoner as described in Section 
76-5-103.5
;
(I)
mayhem as described in Section 
76-5-105
;
(J)
stalking as described in Subsection 
76-5-106.5
(2);
(K)
threat of terrorism as described in Section 
76-5-107.3
;
(L)
aggravated child abuse as described in Subsection 
76-5-109.2
(3)(a) or (b);
(M)
commission of domestic violence in the presence of a child as described in 
Section 
76-5-114
;
(N)
abuse or neglect of a child with a disability as described in Section 
76-5-110
;
(O)
abuse or exploitation of a vulnerable adult as described in Section 
76-5-111
, 
76-5-111.2
, 
76-5-111.3
, or 
76-5-111.4
;
(P)
endangerment of a child or vulnerable adult as described in Section 
76-5-112.5
;
(Q)
an offense described in Chapter 5, Part 2, Criminal Homicide;
(R)
kidnapping as described in Section 
76-5-301
;
(S)
child kidnapping as described in Section 
76-5-301.1
;
(T)
aggravated kidnapping as described in Section 
76-5-302
;
(U)
rape as described in Section 
76-5-402
;
(V)
rape of a child as described in Section 
76-5-402.1
;
(W)
object rape as described in Section 
76-5-402.2
;
(X)
object rape of a child as described in Section 
76-5-402.3
;
(Y)
forcible sodomy as described in Section 
76-5-403
;
(Z)
sodomy on a child as described in Section 
76-5-403.1
;
(AA)
forcible sexual abuse as described in Section 
76-5-404
;
(BB)
sexual abuse of a child as described in Section 
76-5-404.1
;
(CC)
aggravated sexual abuse of a child as described in Section 
76-5-404.3
;
(DD)
aggravated sexual assault as described in Section 
76-5-405
;
(EE)
sexual exploitation of a minor as described in Section 
76-5b-201
;
(FF)
aggravated sexual exploitation of a minor as described in Section 
76-5b-201.1
;
(GG)
sexual exploitation of a vulnerable adult as described in Section 
76-5b-202
;
(HH)
burglary as described in Subsection 
76-6-202
(3)(b);
(II)
aggravated burglary as described in Section 
76-6-203
;
(JJ)
robbery as described in Section 
76-6-301
;
(KK)
aggravated robbery as described in Section 
76-6-302
;
(LL)
theft by extortion as described in Subsection 
76-6-406
(1)(a)(i) or (1)(a)(ii);
(MM)
tampering with a witness as described in Section 
76-8-508
;
(NN)
retaliation against a witness, victim, or informant as described in Section 
76-8-508.3
;
(OO)
tampering or retaliating against a juror as described in Subsection 
76-8-508.5
(2)(a)(iii);
(PP)
extortion to dismiss a criminal proceeding as described in Subsection 
76-6-406
(1)(a)(i), (ii), or (ix);
(QQ)
possession, use, or removal of explosive, chemical, or incendiary devices as 
described in Subsections 
76-10-306
(3) through (6);
(RR)
unlawful delivery of explosive, chemical, or incendiary devices as described 
in Section 
76-10-307
;
(SS)
purchase or possession of a dangerous weapon or handgun by a restricted 
person as described in Section 
76-10-503
;
(TT)
aggravated exploitation of prostitution as described in Subsection 
76-10-1306
(1)(a);
(UU)
bus hijacking as described in Section 
76-10-1504
;
 and
(VV)
discharging firearms and hurling missiles as described in Section 
76-10-1505
; 
or
and
(WW)
felony discharge of a firearm as described in Section 
76-11-210
.
(ii)
any felony violation of a criminal statute of any other state, the United States, or 
any district, possession, or territory of the United States which would constitute a 
violent felony as defined in this Subsection (1) if committed in this state.
(2)
If a person is convicted in this state of a violent felony by plea or by verdict and the trier 
of fact determines beyond a reasonable doubt that the person is a habitual violent 
offender under this section, the penalty for a:
(a)
third degree felony is as if the conviction were for a first degree felony;
(b)
second degree felony is as if the conviction were for a first degree felony; or
(c)
first degree felony remains the penalty for a first degree penalty except:
(i)
the convicted person is not eligible for probation; and
(ii)
the Board of Pardons and Parole shall consider that the convicted person is a 
habitual violent offender as an aggravating factor in determining the length of 
incarceration.
(3)
(a)
The prosecuting attorney, or grand jury if an indictment is returned, shall provide 
notice in the information or indictment that the defendant is subject to punishment as 
a habitual violent offender under this section. Notice shall include the case number, 
court, and date of conviction or commitment of any case relied upon by the 
prosecution.
(b)
(i)
The defendant shall serve notice in writing upon the prosecutor if the defendant 
intends to deny that:
(A)
the defendant is the person who was convicted or committed;
(B)
the defendant was represented by counsel or had waived counsel; or
(C)
the defendant's plea was understandingly or voluntarily entered.
(ii)
The notice of denial shall be served not later than five days prior to trial and shall 
state in detail the defendant's contention regarding the previous conviction and 
commitment.
(4)
(a)
If the defendant enters a denial under Subsection (3)(b) and if the case is tried to a 
jury, the jury may not be told, until after it returns its verdict on the underlying felony 
charge, of the:
(i)
defendant's previous convictions for violent felonies, except as otherwise provided 
in the Utah Rules of Evidence; or
(ii)
allegation against the defendant of being a habitual violent offender.
(b)
If the jury's verdict is guilty, the defendant shall be tried regarding the allegation of 
being an habitual violent offender by the same jury, if practicable, unless the 
defendant waives the jury, in which case the allegation shall be tried immediately to 
the court.
(c)
(i)
Before or at the time of sentencing the trier of fact shall determine if this 
section applies.
(ii)
The trier of fact shall consider any evidence presented at trial and the prosecution 
and the defendant shall be afforded an opportunity to present any necessary 
additional evidence.
(iii)
Before sentencing under this section, the trier of fact shall determine whether this 
section is applicable beyond a reasonable doubt.
(d)
If any previous conviction and commitment is based upon a plea of guilty or no 
contest, there is a rebuttable presumption that the conviction and commitment were 
regular and lawful in all respects if the conviction and commitment occurred after 
January 1, 1970. If the conviction and commitment occurred prior to January 1, 
1970, the burden is on the prosecution to establish by a preponderance of the 
evidence that the defendant was then represented by counsel or had lawfully waived 
the right to have counsel present, and that the defendant's plea was understandingly 
and voluntarily entered.
(e)
If the trier of fact finds this section applicable, the court shall enter that specific 
finding on the record and shall indicate in the order of judgment and commitment 
that the defendant has been found by the trier of fact to be a habitual violent offender 
and is sentenced under this section.
(5)
(a)
The sentencing enhancement provisions of Section 
76-3-407
 supersede the 
provisions of this section.
(b)
Notwithstanding Subsection (5)(a), the "violent felony" offense defined in 
Subsection (1)(c) shall include any felony sexual offense violation of Chapter 5, Part 
4, Sexual Offenses, to determine if the convicted person is a habitual violent offender.
(6)
The sentencing enhancement described in this section does not apply if:
(a)
the offense for which the person is being sentenced is:
(i)
a grievous sexual offense;
(ii)
child kidnapping, Section 
76-5-301.1
;
(iii)
aggravated kidnapping, Section 
76-5-302
; or
(iv)
forcible sexual abuse, Section 
76-5-404
; and
(b)
applying the sentencing enhancement provided for in this section would result in a 
lower maximum penalty than the penalty provided for under the section that 
describes the offense for which the person is being sentenced.
Section 78, Section 
76-3-402
 is amended to read:
76-3-402
. Conviction of lower degree of offense -- Procedure and limitations.
(1)
As used in this section:
(a)
"Lower degree of offense" includes an offense for which:
(i)
a statutory enhancement is charged in the information or indictment that would 
increase either the maximum or the minimum sentence; and
(ii)
the court removes the statutory enhancement in accordance with this section.
(b)
"Minor regulatory offense" means the same as that term is defined in Section 
77-40a-101
.
(c)
(i)
"Rehabilitation program" means a program designed to reduce criminogenic 
and recidivism risks.
(ii)
"Rehabilitation program" includes:
(A)
a domestic violence treatment program, as that term is defined in Section 
26B-2-101
;
(B)
a residential, vocational, and life skills program, as that term is defined in 
Section 
13-53-102
;
(C)
a substance abuse treatment program, as that term is defined in Section 
26B-2-101
;
(D)
a substance use disorder treatment program, as that term is defined in Section 
26B-2-101
;
(E)
a youth program, as that term is defined in Section 
26B-2-101
;
(F)
a program that meets the standards established by the Department of 
Corrections under Section 
64-13-25
;
(G)
a drug court, a veterans court, or a mental health court certified by the Judicial 
Council; or
(H)
a program that is substantially similar to a program described in Subsections 
(1)(c)(ii)(A) through (G).
(d)
"Serious offense" means a felony or misdemeanor offense that is not a minor 
regulatory offense or a traffic offense.
(e)
"Traffic offense" means the same as that term is defined in Section 
77-40a-101
.
(f)
(i)
Except as provided in Subsection (1)(f)(ii), "violent felony" means the same as 
that term is defined in Section 
76-3-203.5
.
(ii)
"Violent felony" does not include an offense, or any attempt, solicitation, or 
conspiracy to commit an offense, for:
(A)
the possession, use, or removal of explosive, chemical, or incendiary devices 
under Subsection 
76-10-306
(3), (5), or (6); or
(B)
the purchase or possession of a dangerous weapon or 
handgun
firearm
 by a 
restricted person under 
Section 
76-10-503
Section 
76-11-305
 or 
76-11-306
.
(2)
The court may enter a judgment of conviction for a lower degree of offense than 
established by statute and impose a sentence at the time of sentencing for the lower 
degree of offense if the court:
(a)
takes into account:
(i)
the nature and circumstances of the offense of which the defendant was found 
guilty; and
(ii)
the history and character of the defendant;
(b)
gives any victim present at the sentencing and the prosecuting attorney an 
opportunity to be heard; and
(c)
concludes that the degree of offense established by statute would be unduly harsh to 
record as a conviction on the record for the defendant.
(3)
Upon a motion from the prosecuting attorney or the defendant, the court may enter a 
judgment of conviction for a lower degree of offense than established by statute:
(a)
after the defendant is successfully discharged from probation or parole for the 
conviction; and
(b)
if the court finds that entering a judgment of conviction for a lower degree of offense 
is in the interest of justice in accordance with Subsection (7).
(4)
Upon a motion from the prosecuting attorney or the defendant, the court may enter a 
judgment of conviction for a lower degree of offense than established by statute if:
(a)
the defendant's probation or parole for the conviction did not result in a successful 
discharge but the defendant is successfully discharged from probation or parole for a 
subsequent conviction of an offense;
(b)
(i)
at least five years have passed after the day on which the defendant is sentenced 
for the subsequent conviction; or
(ii)
at least three years have passed after the day on which the defendant is sentenced 
for the subsequent conviction and the prosecuting attorney consents to the 
reduction;
(c)
the defendant is not convicted of a serious offense during the time period described 
in Subsection (4)(b);
(d)
there are no criminal proceedings pending against the defendant;
(e)
the defendant is not on probation, on parole, or currently incarcerated for any other 
offense;
(f)
if the offense for which the reduction is sought is a violent felony, the prosecuting 
attorney consents to the reduction; and
(g)
the court finds that entering a judgment of conviction for a lower degree of offense is 
in the interest of justice in accordance with Subsection (7).
(5)
Upon a motion from the prosecuting attorney or the defendant, the court may enter a 
judgment of conviction for a lower degree of offense than established by statute if:
(a)
the defendant's probation or parole for the conviction did not result in a successful 
discharge but the defendant is successfully discharged from a rehabilitation program;
(b)
at least three years have passed after the day on which the defendant is successfully 
discharged from the rehabilitation program;
(c)
the defendant is not convicted of a serious offense during the time period described 
in Subsection (5)(b);
(d)
there are no criminal proceedings pending against the defendant;
(e)
the defendant is not on probation, on parole, or currently incarcerated for any other 
offense;
(f)
if the offense for which the reduction is sought is a violent felony, the prosecuting 
attorney consents to the reduction; and
(g)
the court finds that entering a judgment of conviction for a lower degree of offense is 
in the interest of justice in accordance with Subsection (7).
(6)
Upon a motion from the prosecuting attorney or the defendant, the court may enter a 
judgment of conviction for a lower degree of offense than established by statute if:
(a)
at least five years have passed after the day on which the defendant's probation or 
parole for the conviction did not result in a successful discharge;
(b)
the defendant is not convicted of a serious offense during the time period described 
in Subsection (6)(a);
(c)
there are no criminal proceedings pending against the defendant;
(d)
the defendant is not on probation, on parole, or currently incarcerated for any other 
offense;
(e)
if the offense for which the reduction is sought is a violent felony, the prosecuting 
attorney consents to the reduction; and
(f)
the court finds that entering a judgment of conviction for a lower degree of offense is 
in the interest of justice in accordance with Subsection (7).
(7)
In determining whether entering a judgment of a conviction for a lower degree of 
offense is in the interest of justice under Subsection (3), (4), (5), or (6):
(a)
the court shall consider:
(i)
the nature, circumstances, and severity of the offense for which a reduction is 
sought;
(ii)
the physical, emotional, or other harm that the defendant caused any victim of the 
offense for which the reduction is sought; and
(iii)
any input from a victim of the offense; and
(b)
the court may consider:
(i)
any special characteristics or circumstances of the defendant, including the 
defendant's criminogenic risks and needs;
(ii)
the defendant's criminal history;
(iii)
the defendant's employment and community service history;
(iv)
whether the defendant participated in a rehabilitative program and successfully 
completed the program;
(v)
any effect that a reduction would have on the defendant's ability to obtain or 
reapply for a professional license from the Department of Commerce;
(vi)
whether the level of the offense has been reduced by law after the defendant's 
conviction;
(vii)
any potential impact that the reduction would have on public safety; or
(viii)
any other circumstances that are reasonably related to the defendant or the 
offense for which the reduction is sought.
(8)
(a)
A court may only enter a judgment of conviction for a lower degree of offense 
under Subsection (3), (4), (5), or (6) after:
(i)
notice is provided to the other party;
(ii)
reasonable efforts have been made by the prosecuting attorney to provide notice 
to any victims; and
(iii)
a hearing is held if a hearing is requested by either party.
(b)
A prosecuting attorney is entitled to a hearing on a motion seeking to reduce a 
judgment of conviction for a lower degree of offense under Subsection (3), (4), (5), 
or (6).
(c)
In a motion under Subsection (3), (4), (5), or (6) and at a requested hearing on the 
motion, the moving party has the burden to provide evidence sufficient to 
demonstrate that the requirements under Subsection (3), (4), (5), or (6) are met.
(d)
If a defendant files a motion under this section, the prosecuting attorney shall 
respond to the motion within 35 days after the day on which the motion is filed with 
the court.
(9)
A court has jurisdiction to consider and enter a judgment of conviction for a lower 
degree of offense under Subsection (3), (4), (5), or (6) regardless of whether the 
defendant is committed to jail as a condition of probation or is sentenced to prison.
(10)
(a)
An offense may be reduced only one degree under this section, unless the 
prosecuting attorney specifically agrees in writing or on the court record that the 
offense may be reduced two degrees.
(b)
An offense may not be reduced under this section by more than two degrees.
(11)
This section does not preclude an individual from obtaining or being granted an 
expungement of the individual's record in accordance with 
Title 44, Chapter 40A, 
Expungement of Criminal Records
Title 77, Chapter 40a, Expungement of Criminal 
Records
.
(12)
The court may not enter a judgment for a conviction for a lower degree of offense 
under this section if:
(a)
the reduction is specifically precluded by law; or
(b)
any unpaid balance remains on court-ordered restitution for the offense for which the 
reduction is sought.
(13)
When the court enters a judgment for a lower degree of offense under this section, the 
actual title of the offense for which the reduction is made may not be altered.
(14)
(a)
An individual may not obtain a reduction under this section of a conviction that 
requires the individual to register as a sex offender, kidnap offender, or child abuse 
offender until the registration requirements under Title 77, Chapter 41, Sex, Kidnap, 
and Child Abuse Offender Registry, have expired.
(b)
An individual required to register as a sex offender, kidnap offender, or child abuse 
offender for the individual's lifetime under Subsection 
77-41-105
(3)(c) may not be 
granted a reduction of the conviction for the offense or offenses that require the 
individual to register as a sex offender, kidnap offender, or child abuse offender.
Section 79, Section 
76-5-102.8
 is amended to read:
76-5-102.8
. Disarming a peace officer -- Penalties.
(1)
(a)
As used in this section:
(i)
"Conductive energy device" means a weapon that uses electrical current to disrupt 
voluntary control of muscles.
(ii)
"Firearm" means the same as that term is defined in Section 
76-10-501
76-11-101
.
(b)
Terms defined in Section 
76-1-101.5
 apply to this section.
(2)
An actor commits disarming a peace officer if the actor intentionally takes or removes, 
or attempts to take or remove a firearm or a conductive energy device from an individual 
or immediate presence of an individual who the actor knows is a peace officer:
(a)
without the consent of the peace officer; and
(b)
while the peace officer is acting within the scope of the peace officer's authority as a 
peace officer.
(3)
(a)
A violation of Subsection 
(2)
 regarding a firearm is a first degree felony.
(b)
A violation of Subsection 
(2)
 regarding a conductive energy device is a third degree 
felony.
Section 80, Section 
76-5-202
 is amended to read:
76-5-202
. Aggravated murder -- Penalties -- Affirmative defense and special 
mitigation -- Separate offense.
(1)
(a)
As used in this section:
(i)
"Correctional officer" means the same as that term is defined in Section 
53-13-104
.
(ii)
"Emergency responder" means the same as that term is defined in Section 
53-2b-102
.
(iii)
"Federal officer" means the same as that term is defined in Section 
53-13-106
.
(iv)
"Law enforcement officer" means the same as that term is defined in Section 
53-13-103
.
(v)
"Peace officer" means:
(A)
a correctional officer, federal officer, law enforcement officer, or special 
function officer; or
(B)
any other person who may exercise peace officer authority in accordance with 
Title 53, Chapter 13, Peace Officer Classifications
.
(vi)
"Special function officer" means the same as that term is defined in Section 
53-13-105
.
(vii)
"Target a law enforcement officer" means an act:
(A)
involving the unlawful use of force and violence against a law enforcement 
officer;
(B)
that causes serious bodily injury or death; and
(C)
that is in furtherance of political or social objectives in order to intimidate or 
coerce a civilian population or to influence or affect the conduct of a 
government or a unit of government.
(viii)
"Weapon of mass destruction" means the same as that term is defined in Section 
76-10-401
.
(b)
Terms defined in Section 
76-1-101.5
 apply to this section.
(2)
(a)
An actor commits aggravated murder if the actor intentionally or knowingly 
causes the death of another individual under any of the following circumstances:
(i)
the actor committed homicide while confined in a jail or other correctional 
institution;
(ii)
(A)
the actor committed homicide incident to one act, scheme, course of 
conduct, or criminal episode during which two or more individuals other than 
the actor were killed; or
(B)
the actor, during commission of the homicide, attempted to kill one or more 
other individuals in addition to the deceased individual;
(iii)
the actor knowingly created a great risk of death to another individual other than 
the deceased individual and the actor;
(iv)
the actor committed homicide incident to an act, scheme, course of conduct, or 
criminal episode during which the actor committed or attempted to commit 
aggravated robbery, robbery, rape, rape of a child, object rape, object rape of a 
child, forcible sodomy, sodomy upon a child, forcible sexual abuse, sexual abuse 
of a child, aggravated sexual abuse of a child, aggravated child abuse as described 
in Subsection 
76-5-109.2(3)(a)
, or aggravated sexual assault, aggravated arson, 
arson, aggravated burglary, burglary, aggravated kidnapping, or kidnapping, or 
child kidnapping;
(v)
the actor committed homicide incident to one act, scheme, course of conduct, or 
criminal episode during which the actor committed the crime of abuse or 
desecration of a dead human body as described in Subsection 
76-9-704(2)(e)
;
(vi)
the actor committed homicide for the purpose of avoiding or preventing an arrest 
of the actor or another individual by a peace officer acting under color of legal 
authority or for the purpose of effecting the actor's or another individual's escape 
from lawful custody;
(vii)
the actor committed homicide for pecuniary gain;
(viii)
the actor committed, engaged, or employed another person to commit the 
homicide subject to an agreement or contract for remuneration or the promise of 
remuneration for commission of the homicide;
(ix)
the actor previously committed or was convicted of:
(A)
aggravated murder under this section;
(B)
attempted aggravated murder under this section;
(C)
murder, under Section 
76-5-203
;
(D)
attempted murder, under Section 
76-5-203
; or
(E)
an offense committed in another jurisdiction which if committed in this state 
would be a violation of a crime listed in this Subsection 
(2)(a)(ix)
;
(x)
the actor was previously convicted of:
(A)
aggravated assault, under Section 
76-5-103
;
(B)
mayhem, under Section 
76-5-105
;
(C)
kidnapping, under Section 
76-5-301
;
(D)
child kidnapping, under Section 
76-5-301.1
;
(E)
aggravated kidnapping, under Section 
76-5-302
;
(F)
rape, under Section 
76-5-402
;
(G)
rape of a child, under Section 
76-5-402.1
;
(H)
object rape, under Section 
76-5-402.2
;
(I)
object rape of a child, under Section 
76-5-402.3
;
(J)
forcible sodomy, under Section 
76-5-403
;
(K)
sodomy on a child, under Section 
76-5-403.1
;
(L)
aggravated sexual abuse of a child, under Section 
76-5-404.3
;
(M)
aggravated sexual assault, under Section 
76-5-405
;
(N)
aggravated arson, under Section 
76-6-103
;
(O)
aggravated burglary, under Section 
76-6-203
;
(P)
aggravated robbery, under Section 
76-6-302
;
(Q)
felony discharge of a firearm, under Section 
76-10-508.1
76-11-210
; or
(R)
an offense committed in another jurisdiction which if committed in this state 
would be a violation of a crime listed in this Subsection 
(2)(a)(x)
;
(xi)
the actor committed homicide for the purpose of:
(A)
preventing a witness from testifying;
(B)
preventing a person from providing evidence or participating in any legal 
proceedings or official investigation;
(C)
retaliating against a person for testifying, providing evidence, or participating 
in any legal proceedings or official investigation; or
(D)
disrupting or hindering any lawful governmental function or enforcement of 
laws;
(xii)
the deceased individual was a local, state, or federal public official, or a 
candidate for public office, and the homicide is based on, is caused by, or is 
related to that official position, act, capacity, or candidacy;
(xiii)
the deceased individual was on duty in a verified position or the homicide is 
based on, is caused by, or is related to the deceased individual's position, and the 
actor knew, or reasonably should have known, that the deceased individual holds 
or has held the position of:
(A)
a peace officer;
(B)
an executive officer, prosecuting officer, jailer, or prison official;
(C)
a firefighter, search and rescue personnel, emergency medical personnel, 
ambulance personnel, or any other emergency responder;
(D)
a judge or other court official, juror, probation officer, or parole officer; or
(E)
a security officer contracted to secure, guard, or otherwise protect tangible 
personal property, real property, or the life and well-being of human or animal 
life in the area of the offense;
(xiv)
the actor committed homicide:
(A)
by means of a destructive device, bomb, explosive, incendiary device, or 
similar device which was planted, hidden, or concealed in any place, area, 
dwelling, building, or structure, or was mailed or delivered;
(B)
by means of any weapon of mass destruction; or
(C)
to target a law enforcement officer;
(xv)
the actor committed homicide during the act of unlawfully assuming control of 
an aircraft, train, or other public conveyance by use of threats or force with intent 
to:
(A)
obtain any valuable consideration for the release of the public conveyance or 
any passenger, crew member, or any other person aboard;
(B)
direct the route or movement of the public conveyance; or
(C)
otherwise exert control over the public conveyance;
(xvi)
the actor committed homicide by means of the administration of a poison or of 
any lethal substance or of any substance administered in a lethal amount, dosage, 
or quantity;
(xvii)
the deceased individual was held or otherwise detained as a shield, hostage, or 
for ransom;
(xviii)
the actor committed homicide in an especially heinous, atrocious, cruel, or 
exceptionally depraved manner, any of which must be demonstrated by physical 
torture, serious physical abuse, or serious bodily injury of the deceased individual 
before death;
(xix)
the actor dismembers, mutilates, or disfigures the deceased individual's body, 
whether before or after death, in a manner demonstrating the actor's depravity of 
mind; or
(xx)
the deceased individual, at the time of the death of the deceased individual:
(A)
was younger than 14 years old; and
(B)
was not an unborn child.
(b)
An actor commits aggravated murder if the actor, with reckless indifference to 
human life, causes the death of another individual incident to an act, scheme, course 
of conduct, or criminal episode during which the actor is a major participant in the 
commission or attempted commission of:
(i)
aggravated child abuse, punishable as a felony of the second degree under 
Subsection 
76-5-109.2(3)(a)
;
(ii)
child kidnapping, under Section 
76-5-301.1
;
(iii)
rape of a child, under Section 
76-5-402.1
;
(iv)
object rape of a child, under Section 
76-5-402.3
;
(v)
sodomy on a child, under Section 
76-5-403.1
; or
(vi)
sexual abuse or aggravated sexual abuse of a child, under Section 
76-5-404.1
.
(3)
(a)
If a notice of intent to seek the death penalty has been filed, a violation of 
Subsection 
(2)
 is a capital felony.
(b)
If a notice of intent to seek the death penalty has not been filed, aggravated murder is 
a noncapital first degree felony punishable as provided in Section 
76-3-207.7
.
(c)
(i)
Within 60 days after arraignment of the defendant, the prosecutor may file 
notice of intent to seek the death penalty.
(ii)
The notice shall be served on the defendant or defense counsel and filed with the 
court.
(iii)
Notice of intent to seek the death penalty may be served and filed more than 60 
days after the arraignment upon written stipulation of the parties or upon a finding 
by the court of good cause.
(d)
Without the consent of the prosecutor, the court may not accept a plea of guilty to 
noncapital first degree felony aggravated murder during the period in which the 
prosecutor may file a notice of intent to seek the death penalty under Subsection 
(3)(c)(i)
.
(e)
If the defendant was younger than 18 years old at the time the offense was 
committed, aggravated murder is a noncapital first degree felony punishable as 
provided in Section 
76-3-207.7
.
(f)
Notwithstanding Subsection 
(3)(a)
 or 
(3)(b)
, if the trier of fact finds the elements of 
aggravated murder, or alternatively, attempted aggravated murder, as described in 
this section, are proved beyond a reasonable doubt, and also finds that the existence 
of special mitigation is established by a preponderance of the evidence and in 
accordance with Section 
76-5-205.5
, the court shall enter a judgment of conviction as 
follows:
(i)
if the trier of fact finds the defendant guilty of aggravated murder, the court shall 
enter a judgment of conviction for murder; or
(ii)
if the trier of fact finds the defendant guilty of attempted aggravated murder, the 
court shall enter a judgment of conviction for attempted murder.
(4)
(a)
It is an affirmative defense to a charge of aggravated murder or attempted 
aggravated murder that the actor caused the death of another or attempted to cause 
the death of another under a reasonable belief that the circumstances provided a legal 
justification or excuse for the conduct although the conduct was not legally justifiable 
or excusable under the existing circumstances.
(b)
The reasonable belief of the actor under Subsection 
(4)(a)
 shall be determined from 
the viewpoint of a reasonable person under the then existing circumstances.
(c)
Notwithstanding Subsection 
(3)(a)
 or 
(3)(b)
, if the trier of fact finds the elements of 
aggravated murder, or alternatively, attempted aggravated murder, as described in 
this section, are proved beyond a reasonable doubt, and also finds the affirmative 
defense described in this Subsection 
(4)
 is not disproven beyond a reasonable doubt, 
the court shall enter a judgment of conviction as follows:
(i)
if the trier of fact finds the defendant guilty of aggravated murder, the court shall 
enter a judgment of conviction for murder; or
(ii)
if the trier of fact finds the defendant guilty of attempted aggravated murder, the 
court shall enter a judgment of conviction for attempted murder.
(5)
(a)
Any aggravating circumstance described in Subsection 
(2)
 that constitutes a 
separate offense does not merge with the crime of aggravated murder.
(b)
An actor who is convicted of aggravated murder, based on an aggravating 
circumstance described in Subsection 
(2)
 that constitutes a separate offense, may also 
be convicted of, and punished for, the separate offense.
Section 81, Section 
76-5-203
 is amended to read:
76-5-203
. Murder -- Penalties-- Affirmative defense and special mitigation -- 
Separate offenses.
(1)
(a)
As used in this section, "predicate offense" means:
(i)
a clandestine drug lab violation under Section 
58-37d-4
 or 
58-37d-5
;
(ii)
aggravated child abuse, under Subsection 
76-5-109.2
(3)(a), when the abused 
individual is younger than 18 years old;
(iii)
kidnapping under Section 
76-5-301
;
(iv)
child kidnapping under Section 
76-5-301.1
;
(v)
aggravated kidnapping under Section 
76-5-302
;
(vi)
rape under Section 
76-5-402
;
(vii)
rape of a child under Section 
76-5-402.1
;
(viii)
object rape under Section 
76-5-402.2
;
(ix)
object rape of a child under Section 
76-5-402.3
;
(x)
forcible sodomy under Section 
76-5-403
;
(xi)
sodomy upon a child under Section 
76-5-403.1
;
(xii)
forcible sexual abuse under Section 
76-5-404
;
(xiii)
sexual abuse of a child under Section 
76-5-404.1
;
(xiv)
aggravated sexual abuse of a child under Section 
76-5-404.3
;
(xv)
aggravated sexual assault under Section 
76-5-405
;
(xvi)
arson under Section 
76-6-102
;
(xvii)
aggravated arson under Section 
76-6-103
;
(xviii)
burglary under Section 
76-6-202
;
(xix)
aggravated burglary under Section 
76-6-203
;
(xx)
robbery under Section 
76-6-301
;
(xxi)
aggravated robbery under Section 
76-6-302
;
(xxii)
escape under Section 
76-8-309
; 
(xxiii)
aggravated escape under Section 
76-8-309.3
; or
(xxiv)
a 
felony 
violation of Section 
76-10-508
76-11-209
 or 
76-10-508.1
76-11-210
 regarding discharge of a firearm or dangerous weapon.
(b)
Terms defined in Section 
76-1-101.5
 apply to this section.
(2)
An actor commits murder if:
(a)
the actor intentionally or knowingly causes the death of another individual;
(b)
intending to cause serious bodily injury to another individual, the actor commits an 
act clearly dangerous to human life that causes the death of the other individual;
(c)
acting under circumstances evidencing a depraved indifference to human life, the 
actor knowingly engages in conduct that creates a grave risk of death to another 
individual and thereby causes the death of the other individual;
(d)
(i)
the actor is engaged in the commission, attempted commission, or immediate 
flight from the commission or attempted commission of any predicate offense, or 
is a party to the predicate offense;
(ii)
an individual other than a party described in Section 
76-2-202
 is killed in the 
course of the commission, attempted commission, or immediate flight from the 
commission or attempted commission of any predicate offense; and
(iii)
the actor acted with the intent required as an element of the predicate offense;
(e)
the actor recklessly causes the death of a peace officer or military service member in 
uniform while in the commission or attempted commission of:
(i)
an assault against a peace officer under Section 
76-5-102.4
;
(ii)
interference with a peace officer while making a lawful arrest under Section 
76-8-305
 if the actor uses force against the peace officer; or
(iii)
an assault against a military service member in uniform under Section 
76-5-102.4
; 
or
(f)
the actor commits a homicide that would be aggravated murder, but the offense is 
reduced in accordance with Subsection 
76-5-202
(4).
(3)
(a)
(i)
A violation of Subsection (2) is a first degree felony.
(ii)
A defendant who is convicted of murder shall be sentenced to imprisonment for 
an indeterminate term of not less than 15 years and which may be for life.
(b)
Notwithstanding Subsection (3)(a), if the trier of fact finds the elements of murder, 
or alternatively, attempted murder, as described in this section are proved beyond a 
reasonable doubt, and also finds that the existence of special mitigation is established 
by a preponderance of the evidence and in accordance with Section 
76-5-205.5
, the 
court shall enter a judgment of conviction as follows:
(i)
if the trier of fact finds the defendant guilty of murder, the court shall enter a 
judgment of conviction for manslaughter; or
(ii)
if the trier of fact finds the defendant guilty of attempted murder, the court shall, 
notwithstanding Subsection 
76-4-102
(1)(b) or 
76-4-102
(1)(c)(i), enter a judgment 
of conviction for attempted manslaughter.
(4)
(a)
It is an affirmative defense to a charge of murder or attempted murder that the 
defendant caused the death of another individual or attempted to cause the death of 
another individual under a reasonable belief that the circumstances provided a legal 
justification or excuse for the conduct although the conduct was not legally justifiable 
or excusable under the existing circumstances.
(b)
The reasonable belief of the actor under Subsection (4)(a) shall be determined from 
the viewpoint of a reasonable person under the then existing circumstances.
(c)
Notwithstanding Subsection (3)(a), if the trier of fact finds the elements of murder, or 
alternatively, attempted murder, as described in this section are proved beyond a 
reasonable doubt, and also finds the affirmative defense described in this Subsection 
(4) is not disproven beyond a reasonable doubt, the court shall enter a judgment of 
conviction as follows:
(i)
if the trier of fact finds the defendant guilty of murder, the court shall enter a 
judgment of conviction for manslaughter; or
(ii)
if the trier of fact finds the defendant guilty of attempted murder, the court shall 
enter a judgment of conviction for attempted manslaughter.
(5)
(a)
Any predicate offense that constitutes a separate offense does not merge with the 
crime of murder.
(b)
An actor who is convicted of murder, based on a predicate offense that constitutes a 
separate offense, may also be convicted of, and punished for, the separate offense.
Section 82, Section 
76-8-311.1
 is amended to read:
76-8-311.1
. Establishment of secure areas -- Items prohibited -- References to 
penalty provisions.
(1)
(a)
As used in this section:
(i)
"Correctional facility" means the same as that term is defined in Section 
76-8-311.3
.
(ii)
"Dangerous weapon" means the same as that term is defined in Section 
76-10-501
76-11-101
.
(iii)
"Explosive" means the same as the term "explosive, chemical, or incendiary 
device" defined in Section 
76-10-306
.
(iv)
"Firearm" means the same as that term is defined in Section 
76-10-501
76-11-101
.
(v)
"Law enforcement facility" means a facility that is owned, leased, or operated by 
a law enforcement agency.
(vi)
"Mental health facility" means the same as that term is defined in Section 
26B-5-301
.
(vii)
(A)
"Secure area" means an area created under this section into which certain 
persons
individuals
 are restricted from transporting a firearm or other 
dangerous weapon, ammunition, or explosive.
(B)
A "secure area" may
"Secure area" does
 not include any area normally 
accessible to the public.
(b)
Terms defined in Sections 
76-1-101.5
 and 
76-8-101
 apply to this section.
(2)
(a)
The State Tax Commission or a correctional, law enforcement, or mental health 
facility may establish secure areas within the facility and may prohibit or control by 
rule any firearm or other dangerous weapon, ammunition, or explosive.
(b)
Subsections (2)(a), (3), (4), and (5) apply 
This section applies 
to
:
(i)
a higher education secure area hearing room 
referred to in Subsections 
53B-3-103
(2)(a)(ii) and (b)
established in accordance with Section 
53B-3-103
; and
(ii)
a secure area established by the Judicial Council in accordance with Section 
78A-2-203
.
(3)
An entity that creates a secure area under this section shall ensure that at least one notice 
is prominently displayed at each entrance to the secure area in which a firearm, 
ammunition, dangerous weapon, or explosive is restricted.
(4)
(a)
An entity that creates a secure area under this section shall provide a secure 
weapons storage area so that an individual entering the secure area may store the 
individual's weapon before entering the secure area.
(b)
The entity operating the facility shall be responsible for a weapon while the weapon 
is stored in the storage area described in Subsection (4)(a).
(5)
(a)
An actor who transports a firearm or other dangerous weapon or ammunition into 
a secure area created under this section or a higher education secure area hearing 
room created under this section may be punished under Section 
76-8-311.2
.
(b)
An actor who knowingly or intentionally transports, possesses, distributes, or sells an 
explosive in a secure area or a higher education secure area hearing room created 
under this section may be punished under Section 
76-10-306
.
(c)
It is a defense to a prosecution related to this section that the actor acted in 
conformity with the facility's rule or policy established pursuant to this section.
Section 83, Section 
76-8-311.2
 is amended to read:
76-8-311.2
. Prohibited dangerous weapon or ammunition in a secure area.
(1)
(a)
As used in this section:
(i)
"Correctional facility" means the same as that term is defined in Section 
76-8-311.3
.
(ii)
"Dangerous weapon" means the same as that term is defined in Section 
76-10-501
76-11-101
.
(iii)
"Firearm" means the same as that term is defined in Section 
76-10-501
76-11-101
.
(iv)
"Higher education secure area" means a higher education secure area hearing 
room created under Section 
76-8-311.1
.
(v)
"Law enforcement facility" means the same as that term is defined in Section 
76-8-311.1
.
(vi)
"Secure area" means the same as that term is defined in Section 
76-8-311.1
.
(b)
Terms defined in Sections 
76-1-101.5
 and 
76-8-101
 apply to this section.
(2)
An actor commits prohibited dangerous weapon or ammunition in a secure area if the 
actor knowingly or intentionally transports a firearm or other dangerous weapon or 
ammunition into:
(a)
a correctional facility;
(b)
a secure area created by the State Tax Commission;
(c)
a secure area in a law enforcement facility or a mental health facility; or
(d)
a higher education secure area.
(3)
Except as provided in Section 
76-8-311.4
, 
76-8-311.6
, or 
76-8-311.7
, a violation of 
Subsection (2) is a third degree felony.
(4)
It is a defense to a prosecution under this section that the actor acted in conformity with 
the facility's rule or policy established under Section 
76-8-311.1
.
Section 84, Section 
76-8-311.3
 is amended to read:
76-8-311.3
. Establishment of prohibited item policy in a correctional or mental 
health facility -- Reference to penalty provisions -- Exceptions -- Rulemaking.
(1)
(a)
As used in this section:
(i)
"Communication device" means a device designed to receive or transmit an 
image, text message, email, video, location information, or voice communication, 
or another device that can be used to communicate electronically.
(ii)
"Controlled substance" means a substance defined as a controlled substance under 
Title 58, Chapter 37, Utah Controlled Substances Act.
(iii)
"Correctional facility" means:
(A)
a facility operated by or contracting with the Department of Corrections to 
house an offender in either a secure or nonsecure setting;
(B)
a facility operated by a municipality or a county to house or detain an offender;
(C)
a juvenile detention facility; or
(D)
a building or grounds appurtenant to a facility or land granted to the state, 
municipality, or county for use as a correctional facility.
(iv)
"Dangerous weapon" means the same as that term is defined in Section 
76-10-501
76-11-101
.
(v)
"Electronic cigarette product" means the same as that term is defined in Section 
76-10-101
.
(vi)
"Firearm" means the same as that term is defined in Section 
76-10-501
76-11-101
.
(vii)
"Medicine" means a prescription drug as defined in Title 58, Chapter 17b, 
Pharmacy Practice Act, but does not include a controlled substance as defined in 
Title 58, Chapter 37, Utah Controlled Substances Act.
(viii)
"Mental health facility" means the same as that term is defined in Section 
26B-5-301
.
(ix)
"Nicotine product" means the same as that term is defined in Section 
76-10-101
.
(x)
"Offender" means an individual in custody at a correctional facility.
(xi)
"Secure area" means the same as that term is defined in Section 
76-8-311.1
.
(xii)
"Tobacco product" means the same as that term is defined in Section 
76-10-101
.
(b)
Terms defined in Sections 
76-1-101.5
 and 
76-8-101
 apply to this section.
(2)
(a)
Notwithstanding Section 
76-10-500
53-5a-102
, a correctional facility or mental 
health facility may prohibit a firearm, ammunition, a dangerous weapon, an 
implement of escape, an explosive, a controlled substance, spirituous or fermented 
liquor, medicine, or poison from being:
(i)
transported to or within a correctional facility or mental health facility;
(ii)
sold or given away to an offender at a correctional facility or mental health 
facility; or
(iii)
possessed by an offender or another individual at a correctional facility or mental 
health facility.
(b)
A correctional facility may prohibit a communication device from being:
(i)
transported within the correctional facility for the purpose of being sold to an 
offender in the correctional facility; 
(ii)
sold or given away to an offender in the correctional facility; or
(iii)
possessed by an offender or another individual at the correctional facility. 
(3)
It is a defense to a prosecution related to this section that the actor, in committing the act 
made criminal by this section with respect to:
(a)
a correctional facility operated by the Department of Corrections, acted in conformity 
with departmental rule or policy;
(b)
a correctional facility operated by a municipality, acted in conformity with the policy 
of the municipality;
(c)
a correctional facility operated by a county, acted in conformity with the policy of 
the county; or
(d)
a mental health facility, acted in conformity with the policy of the mental health 
facility.
(4)
(a)
Except as provided by Subsection (4)(b) or (4)(c), an actor may be charged under 
Section 
76-8-311.4
, 
76-8-311.6
, 
76-8-311.7
, 
76-8-311.8
, 
76-8-311.9
, 
76-8-311.10
, or 
76-8-311.11
 for a violation of a policy or rule created under this section.
(b)
An actor who knowingly or intentionally transports, possesses, distributes, or sells an 
explosive in a correctional facility or a mental health facility may be punished under 
Section 
76-10-306
.
(c)
The possession, distribution, or use of a controlled substance at a correctional facility 
or in a secure area of a mental health facility shall be charged under Title 58, Chapter 
37, Utah Controlled Substances Act.
Section 85, Section 
76-8-311.4
 is amended to read:
76-8-311.4
. Prohibited item in correctional or mental health facility for use by 
offender or detainee.
(1)
(a)
As used in this section:
(i)
"Correctional facility" means the same as that term is defined in Section 
76-8-311.3
.
(ii)
"Dangerous weapon" means the same as that term is defined in Section 
76-10-501
76-11-101
.
(iii)
"Mental health facility" means the same as that term is defined in Section 
76-8-311.3
.
(iv)
"Offender" means the same as that term is defined in Section 
76-8-311.3
.
(v)
"Secure area" means the same as that term is defined in Section 
76-8-311.1
.
(b)
Terms defined in Sections 
76-1-101.5
 and 
76-8-101
 apply to this section.
(2)
An actor commits prohibited item in correctional or mental health facility for use by 
offender or detainee if the actor:
(a)
transports a dangerous weapon, ammunition, or implement of escape to or within a 
correctional facility, or into a secure area of a mental health facility, with the intent to 
provide or sell to an offender or detainee the dangerous weapon, ammunition, or 
implement of escape; or
(b)
provides or sells a dangerous weapon, ammunition, or implement of escape to:
(i)
an offender at a correctional facility; or
(ii)
a detainee at a secure area of a mental health facility.
(3)
Except as provided in Subsection (4), a violation of Subsection (2) is a second degree 
felony.
(4)
The defenses provided in Section 
76-8-311.3
 apply to this section.
Section 86, Section 
76-8-311.6
 is amended to read:
76-8-311.6
. Possession of prohibited item by offender or detainee in correctional 
or mental health facility.
(1)
(a)
As used in this section:
(i)
"Correctional facility" means the same as that term is defined in Section 
76-8-311.3
.
(ii)
"Dangerous weapon" means the same as that term is defined in Section 
76-10-501
76-11-101
.
(iii)
"Mental health facility" means the same as that term is defined in Section 
76-8-311.3
.
(iv)
"Offender" means the same as that term is defined in Section 
76-8-311.3
.
(v)
"Secure area" means the same as that term is defined in Section 
76-8-311.1
.
(b)
Terms defined in Sections 
76-1-101.5
 and 
76-8-101
 apply to this section.
(2)
An actor commits possession of prohibited item by offender or detainee in correctional 
or mental health facility if the actor:
(a)
(i)
is an offender at a correctional facility; or
(ii)
is a detainee at a mental health facility; and
(b)
possesses a dangerous weapon, ammunition, or an implement of escape.
(3)
Except as provided in Subsection (4), a violation of Subsection (2) is a second degree 
felony.
(4)
The defenses provided in Section 
76-8-311.3
 apply to this section.
Section 87, Section 
76-8-311.7
 is amended to read:
76-8-311.7
. Possession of prohibited item in correctional facility or secure area 
of mental health facility.
(1)
(a)
As used in this section:
(i)
"Correctional facility" means the same as that term is defined in Section 
76-8-311.3
.
(ii)
"Dangerous weapon" means the same as that term is defined in Section 
76-10-501
76-11-101
.
(iii)
"Mental health facility" means the same as that term is defined in Section 
76-8-311.3
.
(iv)
"Secure area" means the same as that term is defined in Section 
76-8-311.1
.
(b)
Terms defined in Sections 
76-1-101.5
 and 
76-8-101
 apply to this section.
(2)
An actor commits possession of prohibited item in correctional facility or secure area of 
mental health facility if the actor, without the permission of the authority operating the 
correctional facility or the secure area of a mental health facility, knowingly possesses a 
dangerous weapon, ammunition, or implement of escape at a correctional facility or in a 
secure area of a mental health facility.
(3)
Except as provided in Section 
76-8-311.6
 or Subsection (4), a violation of Subsection (2) 
is a third degree felony.
(4)
The defenses provided in Section 
76-8-311.3
 apply to this section.
Section 88, Section 
76-9-802
 is amended to read:
76-9-802
. Definitions.
As used in this part:
(1)
"Criminal street gang" means an organization, association in fact, or group of three or 
more persons, whether operated formally or informally:
(a)
that is currently in operation;
(b)
that has as one of its primary activities the commission of one or more predicate 
gang crimes;
(c)
that has, as a group, an identifying name or identifying sign or symbol, or both; and
(d)
whose members, acting individually or in concert with other members, engage in or 
have engaged in a pattern of criminal gang activity.
(2)
"Intimidate" means the use of force, duress, violence, coercion, menace, or threat of 
harm for the purpose of causing an individual to act or refrain from acting.
(3)
"Minor" means a person younger than 18 years old.
(4)
"Pattern of criminal gang activity" means:
(a)
committing, attempting to commit, conspiring to commit, or soliciting the 
commission of two or more predicate gang crimes within five years;
(b)
the predicate gang crimes are:
(i)
committed by two or more persons; or
(ii)
committed by an individual at the direction of, or in association with a criminal 
street gang; and
(c)
the criminal activity was committed with the specific intent to promote, further, or 
assist in any criminal conduct by members of the criminal street gang.
(5)
(a)
"Predicate gang crime" means any of the following offenses:
(i)
Title 41, Chapter 1a, Motor Vehicle Act:
(A)
Section 
41-1a-1313
, regarding possession of a motor vehicle without an 
identification number;
(B)
Section 
41-1a-1315
, regarding false evidence of title and registration;
(C)
Section 
41-1a-1316
, regarding receiving or transferring stolen vehicles;
(D)
Section 
41-1a-1317
, regarding selling or buying a motor vehicle without an 
identification number; or
(E)
Section 
41-1a-1318
, regarding the fraudulent alteration of an identification 
number;
(ii)
any criminal violation of the following provisions:
(A)
Title 58, Chapter 37, Utah Controlled Substances Act;
(B)
Title 58, Chapter 37a, Utah Drug Paraphernalia Act;
(C)
Title 58, Chapter 37b, Imitation Controlled Substances Act; or
(D)
Title 58, Chapter 37c, Utah Controlled Substance Precursor Act;
(iii)
Sections 
76-5-102
 through 
76-5-103.5
, which address assault offenses;
(iv)
Title 76, 
Chapter 5, Part 2, Criminal Homicide;
(v)
Sections 
76-5-301
 through 
76-5-304
, which address kidnapping and related 
offenses;
(vi)
a felony offense under Title 76, Chapter 5, Part 4, Sexual Offenses;
(vii)
Title 76, 
Chapter 6, Part 1, Property Destruction;
(viii)
Title 76, 
Chapter 6, Part 2, Burglary and Criminal Trespass;
(ix)
Title 76, 
Chapter 6, Part 3, Robbery;
(x)
a felony offense under 
Title 76, 
Chapter 6, Part 4, Theft, or under 
Title 76, 
Chapter 6, Part 6, Retail Theft, except Sections 
76-6-404.5
, 
76-6-405
, 
76-6-407
, 
76-6-408
, 
76-6-409
, 
76-6-409.1
, 
76-6-409.3
, 
76-6-409.6
, 
76-6-409.7
, 
76-6-409.8
, 
76-6-409.9
, 
76-6-410
, and 
76-6-410.5
;
(xi)
Title 76, 
Chapter 6, Part 5, Fraud, except Sections 
76-6-504
, 
76-6-505
, 
76-6-507
, 
76-6-508
, 
76-6-509
, 
76-6-510
, 
76-6-511
, 
76-6-512
, 
76-6-513
, 
76-6-514
, 
76-6-516
, 
76-6-517
, 
76-6-518
, and 
76-6-520
;
(xii)
Title 76, 
Chapter 6, Part 11, Identity Fraud Act;
(xiii)
Title 76, 
Chapter 8, Part 3, Obstructing Governmental Operations, except 
Sections 
76-8-302
, 
76-8-303
, 
76-8-307
, 
76-8-308
, and 
76-8-312
;
(xiv)
tampering with a witness under Section 
76-8-508
;
(xv)
retaliation against a witness, victim, or informant under Section 
76-8-509.3
;
(xvi)
receiving or soliciting a bribe as a witness under Section 
76-8-508.7
;
(xvii)
extortion or bribery to dismiss a criminal proceeding under Section 
76-8-509
;
(xviii)
a misdemeanor violation of disorderly conduct under Section 
76-9-102
, if the 
violation occurs at an official meeting;
(xix)
Title 76, 
Chapter 10, Part 3, Explosives;
(xx)
Title 76, Chapter 10, Part 5, Weapons;
(xxi)
(xx)
Title 76, 
Chapter 10, Part 15, Bus Passenger Safety Act;
(xxii)
(xxi)
Title 76, 
Chapter 10, Part 16, Pattern of Unlawful Activity Act;
(xxiii)
(xxii)
communications fraud under Section 
76-10-1801
;
(xxiv)
(xxiii)
Title 76, 
Chapter 10, Part 19, Money Laundering and Currency 
Transaction Reporting Act;
 or
(xxv)
(xxiv)
burglary of a research facility under Section 
76-10-2002
; or
(xxv)
Chapter 11, Weapons
.
(b)
"Predicate gang crime" also includes:
(i)
any state or federal criminal offense that by its nature involves a substantial risk 
that physical force may be used against another in the course of committing the 
offense; and
(ii)
any felony violation of a criminal statute of any other state, the United States, or 
any district, possession, or territory of the United States which would constitute a 
violation of any offense in Subsection (4)(a) if committed in this state.
Section 89, Section 
76-9-804
 is amended to read:
76-9-804
. Convicted criminal gang offender -- Prohibition.
(1)
A person who has been convicted of a crime for which the penalty was enhanced under 
Section 
76-3-203.1
 may not, except where a greater penalty is applicable under this title, 
possess a dangerous weapon as defined in either Section 
76-1-101.5
 or 
76-10-501
76-11-101
, ammunition, or a facsimile of a firearm within five years after the conviction.
(2)
A violation of Subsection 
(1)
 is a class A misdemeanor.
Section 90, Section 
76-9-902
 is amended to read:
76-9-902
. Definitions.
As used in this part:
(1)
"Criminal street gang" means an organization, association in fact, or group of three or 
more persons, whether operated formally or informally:
(a)
that is currently in operation;
(b)
that has as one of its substantial activities the commission of one or more predicate 
gang crimes;
(c)
that has, as a group, an identifying name or an identifying sign or symbol, or both; 
and
(d)
whose members, acting individually or in concert with other members, engage in or 
have engaged in a pattern of criminal gang activity.
(2)
"Gang loitering" means a person remains in one place under circumstances that would 
cause a reasonable person to believe that the purpose or effect of that behavior is to 
enable or facilitate a criminal street gang to:
(a)
establish control over one or more identifiable areas;
(b)
intimidate others from entering those areas; or
(c)
conceal illegal activities.
(3)
"Pattern of criminal gang activity" means committing, attempting to commit, conspiring 
to commit, or soliciting the commission of two or more predicate gang crimes within 
five years, if the predicate gang crimes are committed:
(a)
(i)
by two or more persons; or
(ii)
by an individual at the direction of or in association with a criminal street gang; 
and
(b)
with the specific intent to promote, further, or assist in any criminal conduct by 
members of a criminal street gang.
(4)
(a)
"Predicate gang crime" means any of the following offenses:
(i)
a criminal violation of:
(A)
Title 58, Chapter 37, Utah Controlled Substances Act;
(B)
Title 58, Chapter 37a, Utah Drug Paraphernalia Act;
(C)
Title 58, Chapter 37b, Imitation Controlled Substances Act; or
(D)
Title 58, Chapter 37c, Utah Controlled Substance Precursor Act;
(ii)
Sections 
76-5-102
 through 
76-5-103.5
, which address assault offenses;
(iii)
Title 76, 
Chapter 5, Part 2, Criminal Homicide;
(iv)
Sections 
76-5-301
 through 
76-5-304
, which address kidnapping and related 
offenses;
(v)
a felony offense under 
Title 76, 
Chapter 5, Part 4, Sexual Offenses;
(vi)
Title 76, 
Chapter 6, Part 1, Property Destruction;
(vii)
Title 76, 
Chapter 6, Part 2, Burglary and Criminal Trespass;
(viii)
Title 76, 
Chapter 6, Part 3, Robbery;
(ix)
a felony offense under 
Title 76, 
Chapter 6, Part 4, Theft, except Sections 
76-6-404.5
, 
76-6-405
, 
76-6-407
, 
76-6-408
, 
76-6-409
, 
76-6-409.1
, 
76-6-409.3
, 
76-6-409.6
, 
76-6-409.7
, 
76-6-409.8
, 
76-6-409.9
, 
76-6-410
, and 
76-6-410.5
;
(x)
Title 76, 
Chapter 6, Part 5, Fraud, except Sections 
76-6-504
, 
76-6-505
, 
76-6-507
, 
76-6-508
, 
76-6-509
, 
76-6-510
, 
76-6-511
, 
76-6-512
, 
76-6-513
, 
76-6-514
, 
76-6-516
, 
76-6-517
, 
76-6-518
, and 
76-6-520
;
(xi)
Title 76, 
Chapter 6, Part 11, Identity Fraud Act;
(xii)
Title 76, 
Chapter 8, Part 3, Obstructing Governmental Operations, except 
Sections 
76-8-302
, 
76-8-303
, 
76-8-307
, 
76-8-308
, and 
76-8-312
;
(xiii)
tampering with a witness under Section 
76-8-508
;
(xiv)
retaliation against a witness, victim, or informant under Section 
76-8-508.3
;
(xv)
receiving or soliciting a bribe as a witness under Section 
76-8-508.7
;
(xvi)
extortion or bribery to dismiss a criminal proceeding under Section 
76-8-509
;
(xvii)
a misdemeanor violation of disorderly conduct under Section 
76-9-102
, if the 
violation occurs at an official meeting;
(xviii)
Title 76, 
Chapter 10, Part 3, Explosives;
(xix)
Title 76, Chapter 10, Part 5, Weapons;
(xx)
(xix)
Title 76, 
Chapter 10, Part 15, Bus Passenger Safety Act;
(xxi)
(xx)
Title 76, 
Chapter 10, Part 16, Pattern of Unlawful Activity Act;
(xxii)
(xxi)
communications fraud under Section 
76-10-1801
;
(xxiii)
(xxii)
Title 76, 
Chapter 10, Part 19, Money Laundering and Currency 
Transaction Reporting Act;
(xxiv)
(xxiii)
burglary of a research facility under Section 
76-10-2002
;
(xxiv)
Chapter 11, Weapons;
 or
(xxv)
Title 41, Chapter 1a, Motor Vehicle Act:
(A)
Section 
41-1a-1313
, regarding possession of a motor vehicle without an 
identification number;
(B)
Section 
41-1a-1315
, regarding false evidence of title and registration;
(C)
Section 
41-1a-1316
, regarding receiving or transferring stolen vehicles;
(D)
Section 
41-1a-1317
, regarding selling or buying a vehicle without an 
identification number; and
(E)
Section 
41-1a-1318
, regarding the fraudulent alteration of an identification 
number.
(b)
"Predicate gang crime" also includes:
(i)
any state or federal criminal offense that by its nature involves a substantial risk 
that physical force may be used against another in the course of committing the 
offense; and
(ii)
any felony violation of a criminal statute of any other state, the United States, or 
any district, possession, or territory of the United States which would constitute 
any offense in Subsection (4)(a) if committed in this state.
(5)
(a)
"Public place" means any location or structure to which the public or a substantial 
group of the public has access, and includes:
(i)
a sidewalk, street, or highway;
(ii)
a public park, public recreation facility, or any other area open to the public;
(iii)
a shopping mall, sports facility, stadium, arena, theater, movie house, or 
playhouse, or the parking lot or structure adjacent to any of these; and
(iv)
the common areas of schools, hospitals, apartment houses, office buildings, 
transport facilities, and businesses.
(b)
"Public place" includes the lobbies, hallways, elevators, restaurants and other dining 
areas, and restrooms of any of the locations or structures under Subsection (5)(a).
Section 91, Section 
76-10-306
 is amended to read:
76-10-306
. Explosive, chemical, or incendiary device and parts -- Definitions -- 
Persons exempted -- Penalties.
(1)
As used in this section:
(a)
"Explosive, chemical, or incendiary device" means:
(i)
dynamite and all other forms of high explosives, including water gel, slurry, 
military C-4 (plastic explosives), blasting agents to include nitro-carbon-nitrate, 
ammonium nitrate, fuel oil mixtures, cast primers and boosters, R.D.X., P.E.T.N., 
electric and nonelectric blasting caps, exploding cords commonly called 
detonating cord, detcord, or primacord, picric acid explosives, T.N.T. and T.N.T. 
mixtures, nitroglycerin and nitroglycerin mixtures, or any other chemical mixture 
intended to explode with fire or force;
(ii)
any explosive bomb, grenade, missile, or similar device; and
(iii)
any incendiary bomb, grenade, fire bomb, chemical bomb, or similar device, 
including any device, except kerosene lamps, if criminal intent has not been 
established, which consists of or includes a breakable container including a 
flammable liquid or compound and a wick composed of any material which, when 
ignited, is capable of igniting the flammable liquid or compound or any breakable 
container which consists of, or includes a chemical mixture that explodes with fire 
or force and can be carried, thrown, or placed.
(b)
"Explosive, chemical, or incendiary device" does not include rifle, pistol, or shotgun 
ammunition, reloading components, or muzzleloading equipment.
(c)
"Explosive, chemical, or incendiary parts" means any substances or materials or 
combinations which have been prepared or altered for use in the creation of an 
explosive, chemical, or incendiary device. These substances or materials include:
(i)
timing device, clock, or watch which has been altered in such a manner as to be 
used as the arming device in an explosive;
(ii)
pipe, end caps, or metal tubing which has been prepared for a pipe bomb; and
(iii)
mechanical timers, mechanical triggers, chemical time delays, electronic time 
delays, or commercially made or improvised items which, when used singly or in 
combination, may be used in the construction of a timing delay mechanism, booby 
trap, or activating mechanism for any explosive, chemical, or incendiary device.
(d)
"Explosive, chemical, or incendiary parts" does not include rifle, pistol, or shotgun 
ammunition, or any signaling device customarily used in operation of railroad 
equipment.
(2)
The provisions in Subsections (3) and (6) do not apply to:
(a)
any public safety officer while acting in an official capacity transporting or otherwise 
handling explosives, chemical, or incendiary devices;
(b)
any member of the armed forces of the United States or Utah National Guard while 
acting in an official capacity;
(c)
any person possessing a valid permit issued under the provisions of the International 
Fire Code, Section 105 and Chapter 56, or any employee of the permittee acting 
within the scope of employment;
(d)
any person possessing a valid license as an importer, wholesaler, display operator, 
special effects operator, or flame effects operator under the provisions of Sections 
11-3-3.5
 and 
53-7-223
; and
(e)
any person or entity possessing or controlling an explosive, chemical, or incendiary 
device as part of its lawful business operations.
(3)
Any person is guilty of a second degree felony who, under circumstances not amounting 
to a violation of Part 4, Weapons of Mass Destruction, knowingly, intentionally, or 
recklessly possesses or controls an explosive, chemical, or incendiary device.
(4)
Any person is guilty of a first degree felony who, under circumstances not amounting to 
a violation of Part 4, Weapons of Mass Destruction, knowingly or intentionally:
(a)
uses or causes to be used an explosive, chemical, or incendiary device in the 
commission of or an attempt to commit a felony;
(b)
injures another or attempts to injure another person or another person's property 
through the use of an explosive, chemical, or incendiary device; or
(c)
transports, possesses, distributes, or sells any explosive, chemical, or incendiary 
device in a secure area established pursuant to Section 
76-8-311.1
, 
76-8-311.3
, 
76-10-529
76-11-218
, or 
78A-2-203
.
(5)
Any person who, under circumstances not amounting to a violation of Part 4, Weapons 
of Mass Destruction, knowingly, intentionally, or recklessly removes or causes to be 
removed or carries away any explosive, chemical, or incendiary device from the 
premises where the explosive, chemical, or incendiary device is kept by the lawful user, 
vendor, transporter, or manufacturer without the consent or direction of the lawful 
possessor is guilty of a second degree felony.
(6)
Any person who, under circumstances not amounting to a violation of Part 4, Weapons 
of Mass Destruction, knowingly, intentionally, or recklessly possesses any explosive, 
chemical, or incendiary parts is guilty of a third degree felony.
Section 92, Section 
76-10-1602
 is amended to read:
76-10-1602
. Definitions.
As used in this part:
(1)
"Enterprise" means any individual, sole proprietorship, partnership, corporation, 
business trust, association, or other legal entity, and any union or group of individuals 
associated in fact although not a legal entity, and includes illicit as well as licit entities.
(2)
"Pattern of unlawful activity" means engaging in conduct which constitutes the 
commission of at least three episodes of unlawful activity, which episodes are not 
isolated, but have the same or similar purposes, results, participants, victims, or methods 
of commission, or otherwise are interrelated by distinguishing characteristics. Taken 
together, the episodes shall demonstrate continuing unlawful conduct and be related 
either to each other or to the enterprise. At least one of the episodes comprising a 
pattern of unlawful activity shall have occurred after July 31, 1981. The most recent act 
constituting part of a pattern of unlawful activity as defined by this part shall have 
occurred within five years of the commission of the next preceding act alleged as part of 
the pattern.
(3)
"Person" includes any individual or entity capable of holding a legal or beneficial 
interest in property, including state, county, and local governmental entities.
(4)
"Unlawful activity" means to directly engage in conduct or to solicit, request, command, 
encourage, or intentionally aid another person to engage in conduct which would 
constitute any offense described by the following crimes or categories of crimes, or to 
attempt or conspire to engage in an act which would constitute any of those offenses, 
regardless of whether the act is in fact charged or indicted by any authority or is 
classified as a misdemeanor or a felony:
(a)
an act prohibited by the criminal provisions under Title 13, Chapter 10, Unauthorized 
Recording Practices Act;
(b)
an act prohibited by the criminal provisions under Title 19, Environmental Quality 
Code, Sections 
19-1-101
 through 
19-7-109
;
(c)
taking, destroying, or possessing wildlife or parts of wildlife for the primary purpose 
of sale, trade, or other pecuniary gain under Title 23A, Wildlife Resources Act, or 
Section 
23A-5-311
;
(d)
false claims for medical benefits, kickbacks, or other acts prohibited under Title 26B, 
Chapter 3, Part 11, Utah False Claims Act, Sections 
26B-3-1101
 through 
26B-3-1112
;
(e)
an act prohibited by the criminal provisions under Title 32B, Chapter 4, Criminal 
Offenses and Procedure Act;
(f)
unlawful marking of pistol or revolver under Section 
53-5a-105
;
(g)
alteration of number or mark on pistol or revolver under Section 
53-5a-106
;
(f)
(h)
an act prohibited by the criminal provisions under Title 57, Chapter 11, Utah 
Uniform Land Sales Practices Act;
(g)
(i)
an act prohibited by the criminal provisions under Title 58, Chapter 37, Utah 
Controlled Substances Act, or Title 58, Chapter 37b, Imitation Controlled Substances 
Act, Title 58, Chapter 37c, Utah Controlled Substance Precursor Act, or Title 58, 
Chapter 37d, Clandestine Drug Lab Act;
(h)
(j)
an act prohibited by the criminal provisions under Title 61, Chapter 1, Utah 
Uniform Securities Act;
(i)
(k)
an act prohibited by the criminal provisions under Title 63G, Chapter 6a, Utah 
Procurement Code;
(j)
(l)
assault under Section
76-5-102
;
(k)
(m)
aggravated assault under Section 
76-5-103
;
(l)
(n)
a threat of terrorism under Section 
76-5-107.3
;
(m)
(o)
a criminal homicide offense under Section 
76-5-201
;
(n)
(p)
kidnapping under Section
76-5-301
;
(o)
(q)
aggravated kidnapping under Section
76-5-302
;
(p)
(r)
human trafficking for labor under Section 
76-5-308
;
(q)
(s)
human trafficking for sexual exploitation under Section 
76-5-308.1
;
(r)
(t)
human smuggling under Section 
76-5-308.3
;
(s)
(u)
human trafficking of a child under Section
76-5-308.5
;
(t)
(v)
benefiting from trafficking and human smuggling under Section
76-5-309
;
(u)
(w)
aggravated human trafficking under Section
76-5-310
;
(v)
(x)
sexual exploitation of a minor under Section 
76-5b-201
;
(w)
(y)
aggravated sexual exploitation of a minor under Section
76-5b-201.1
;
(x)
(z)
arson under Section 
76-6-102
;
(y)
(aa)
aggravated arson under Section
76-6-103
;
(z)
(bb)
causing a catastrophe under Section 
76-6-105
;
(aa)
(cc)
burglary under Section 
76-6-202
;
(bb)
(dd)
aggravated burglary under Section
76-6-203
;
(cc)
(ee)
burglary of a vehicle under Section 
76-6-204
;
(dd)
(ff)
manufacture or possession of an instrument for burglary or theft under Section 
76-6-205
;
(ee)
(gg)
robbery under Section 
76-6-301
;
(ff)
(hh)
aggravated robbery under Section
76-6-302
;
(gg)
(ii)
theft under Section 
76-6-404
;
(hh)
(jj)
theft by deception under Section 
76-6-405
;
(ii)
(kk)
theft by extortion under Section 
76-6-406
;
(jj)
(ll)
receiving stolen property under Section 
76-6-408
;
(kk)
(mm)
theft of services under Section 
76-6-409
;
(ll)
(nn)
forgery under Section 
76-6-501
;
(mm)
(oo)
unlawful use of financial transaction card under Section
76-6-506.2
;
(nn)
(pp)
unlawful acquisition, possession, or transfer of financial transaction card 
under Section
76-6-506.3
;
(oo)
(qq)
financial transaction card offenses under Section
76-6-506.6
;
(pp)
(rr)
deceptive business practices under Section 
76-6-507
;
(qq)
(ss)
bribery or receiving bribe by person in the business of selection, appraisal, or 
criticism of goods under Section 
76-6-508
;
(rr)
(tt)
bribery of a labor official under Section 
76-6-509
;
(ss)
(uu)
defrauding creditors under Section 
76-6-511
;
(tt)
(vv)
acceptance of deposit by insolvent financial institution under Section 
76-6-512
;
(uu)
(ww)
unlawful dealing with property by fiduciary under Section 
76-6-513
;
(vv)
(xx)
bribery or threat to influence contest under Section 
76-6-514
;
(ww)
(yy)
making a false credit report under Section 
76-6-517
;
(xx)
(zz)
criminal simulation under Section 
76-6-518
;
(yy)
(aaa)
criminal usury under Section 
76-6-520
;
(zz)
(bbb)
insurance fraud under Section 
76-6-521
;
(aaa)
(ccc)
retail theft under Section 
76-6-602
;
(bbb)
(ddd)
computer crimes under Section 
76-6-703
;
(ccc)
(eee)
identity fraud under Section 
76-6-1102
;
(ddd)
(fff)
mortgage fraud under Section 
76-6-1203
;
(eee)
(ggg)
sale of a child under Section 
76-7-203
;
(fff)
(hhh)
bribery to influence official or political actions under Section 
76-8-103
;
(ggg)
(iii)
threat to influence official or political action under Section 
76-8-104
;
(hhh)
(jjj)
receiving bribe or bribery by public servant under Section 
76-8-105
;
(iii)
(kkk)
receiving bribe for endorsement of person as a public servant under Section 
76-8-106
;
(jjj)
(lll)
bribery for endorsement of person as public servant under Section 
76-8-106.1
;
(kkk)
(mmm)
official misconduct based on unauthorized act or failure of duty under 
Section
76-8-201
;
(lll)
(nnn)
official misconduct concerning inside information under Section
76-8-202
;
(mmm)
(ooo)
obstruction of justice in a criminal investigation or proceeding under 
Section 
76-8-306
;
(nnn)
(ppp)
acceptance of bribe or bribery to prevent criminal prosecution under 
Section 
76-8-308
;
(ooo)
(qqq)
harboring or concealing offender who has escaped from official custody 
under Section 
76-8-309.2
;
(ppp)
(rrr)
making a false or inconsistent material statement under Section 
76-8-502
;
(qqq)
(sss)
making a false or inconsistent statement under Section 
76-8-503
;
(rrr)
(ttt)
making a written false statement under Section 
76-8-504
;
(sss)
(uuu)
tampering with a witness under Section 
76-8-508
;
(ttt)
(vvv)
retaliation against a witness, victim, or informant under Section 
76-8-508.3
;
(uuu)
(www)
receiving or soliciting a bribe as a witness under Section 
76-8-508.7
;
(vvv)
(xxx)
extortion or bribery to dismiss a criminal proceeding under Section 
76-8-509
;
(www)
(yyy)
tampering with evidence under Section 
76-8-510.5
;
(xxx)
(zzz)
falsification or alteration of a government record under Section 
76-8-511
, if 
the record is a record described in Title 20A, Election Code, or Title 36, Chapter 11, 
Lobbyist Disclosure and Regulation Act;
(yyy)
(aaaa)
public assistance fraud by an applicant for public assistance under Section 
76-8-1203.1
;
(zzz)
(bbbb)
public assistance fraud by a recipient of public assistance under Section 
76-8-1203.3
;
(aaaa)
(cccc)
public assistance fraud by a provider under Section 
76-8-1203.5
;
(bbbb)
(dddd)
fraudulently misappropriating public assistance funds under Section 
76-8-1203.7
;
(cccc)
(eeee)
false statement to obtain or increase unemployment compensation under 
Section 
76-8-1301
;
(dddd)
(ffff)
false statement to prevent or reduce unemployment compensation or 
liability under Section 
76-8-1302
;
(eeee)
(gggg)
unlawful failure to comply with Employment Security Act requirements 
under Section 
76-8-1303
;
(ffff)
(hhhh)
unlawful use or disclosure of employment information under Section 
76-8-1304
;
(gggg)
(iiii)
intentionally or knowingly causing one animal to fight with another under 
Subsection 
76-9-301
(2)(d) or (e), or Section 
76-9-301.1
;
(hhhh)
(jjjj)
possession, use, or removal of explosives, chemical, or incendiary devices 
or parts under Section 
76-10-306
;
(iiii)
(kkkk)
delivery to common carrier, mailing, or placement on premises of an 
incendiary device under Section 
76-10-307
;
(jjjj)
possession of a deadly weapon with intent to assault under Section 
76-10-507
;
(kkkk)
unlawful marking of pistol or revolver under Section 
76-10-521
;
(llll)
alteration of number or mark on pistol or revolver under Section 
76-10-522
;
(mmmm)
(llll)
forging or counterfeiting trademarks, trade name, or trade device under 
Section 
76-10-1002
;
(nnnn)
(mmmm)
selling goods under counterfeited trademark, trade name, or trade 
devices under Section 
76-10-1003
;
(oooo)
(nnnn)
sales in containers bearing registered trademark of substituted articles 
under Section 
76-10-1004
;
(pppp)
(oooo)
selling or dealing with article bearing registered trademark or service 
mark with intent to defraud under Section 
76-10-1006
;
(qqqq)
(pppp)
gambling under Section 
76-10-1102
;
(rrrr)
(qqqq)
gambling fraud under Section 
76-10-1103
;
(ssss)
(rrrr)
gambling promotion under Section 
76-10-1104
;
(tttt)
(ssss)
possessing a gambling device or record under Section 
76-10-1105
;
(uuuu)
(tttt)
confidence game under Section 
76-10-1109
;
(vvvv)
(uuuu)
distributing pornographic material under Section 
76-10-1204
;
(wwww)
(vvvv)
inducing acceptance of pornographic material under Section 
76-10-1205
;
(xxxx)
(wwww)
dealing in harmful material to a minor under Section 
76-10-1206
;
(yyyy)
(xxxx)
distribution of pornographic films under Section 
76-10-1222
;
(zzzz)
(yyyy)
indecent public displays under Section 
76-10-1228
;
(aaaaa)
(zzzz)
prostitution under Section 
76-10-1302
;
(bbbbb)
(aaaaa)
aiding prostitution under Section 
76-10-1304
;
(ccccc)
(bbbbb)
exploiting prostitution under Section 
76-10-1305
;
(ddddd)
(ccccc)
aggravated exploitation of prostitution under Section 
76-10-1306
;
(eeeee)
(ddddd)
communications fraud under Section 
76-10-1801
;
(eeeee)
possession of a dangerous weapon with criminal intent under Section 
76-11-208
;
(fffff)
an act prohibited by the criminal provisions of Part 19, Money Laundering and 
Currency Transaction Reporting Act;
(ggggg)
vehicle compartment for contraband under Section 
76-10-2801
;
(hhhhh)
an act prohibited by the criminal provisions of the laws governing taxation in 
this state; or
(iiiii)
an act illegal under the laws of the United States and enumerated in 18 U.S.C. Sec. 
1961(1)(B), (C), and (D).
Section 93, Section 
76-11-101
, which is renumbered from Section 76-10-501 is renumbered 
and amended to read:
11. WEAPONS
1. General Provisions
76-10-501
76-11-101
. Definitions.
As used in this 
part
chapter
:
(1)
(a)
"Antique firearm" means:
(i)
any firearm, including any firearm with a matchlock, flintlock, percussion cap, or 
similar type of ignition system, manufactured in or before 1898;
(ii)
a firearm that is a replica of any firearm described in this Subsection 
(1)(a)
, if the 
replica:
(A)
is not designed or redesigned for using rimfire or conventional centerfire fixed 
ammunition; or
(B)
uses rimfire or centerfire fixed ammunition 
which is:
that is 
(I)
no longer manufactured in the United States
;
 and
(II)
is not readily available in ordinary channels of commercial trade; or
(iii)
(A)
that is a muzzle loading rifle, shotgun, or pistol; and
(B)
is designed to use black powder, or a black powder substitute, and cannot use 
fixed ammunition.
(b)
"Antique firearm" does not include:
(i)
a weapon that incorporates a firearm frame or receiver;
(ii)
a firearm that is converted into a muzzle loading weapon; or
(iii)
a muzzle loading weapon that can be readily converted to fire fixed ammunition 
by replacing the:
(A)
barrel;
(B)
bolt;
(C)
breechblock; or
(D)
any combination of Subsection 
(1)(b)(iii)(A)
, 
(B)
, or 
(C)
.
(2)
"Bureau" means the Bureau of Criminal Identification created in Section 
53-10-201
within the Department of Public Safety.
(3)
(a)
"Concealed firearm" means a firearm that is:
(i)
covered, hidden, or secreted in a manner that the public would not be aware of its 
presence; and
(ii)
readily accessible for immediate use.
(b)
A firearm that is unloaded and securely encased is not a concealed firearm for the 
purposes of this part.
(4)
"Criminal history background check" means a criminal background check conducted 
by a licensed firearms dealer on every purchaser of a handgun, except a Federal 
Firearms Licensee, through the bureau or the local law enforcement agency where the 
firearms dealer conducts business.
(5)
"Curio or relic firearm" means a firearm that:
(a)
is of special interest to a collector because of a quality that is not associated with 
firearms intended for:
(i)
sporting use;
(ii)
use as an offensive weapon; or
(iii)
use as a defensive weapon;
(b)
(i)
was manufactured at least 50 years before the current date; and
(ii)
is not a replica of a firearm described in Subsection 
(5)(b)(i)
;
(c)
is certified by the curator of a municipal, state, or federal museum that exhibits 
firearms to be a curio or relic of museum interest;
(d)
derives a substantial part of its monetary value:
(i)
from the fact that the firearm is:
(A)
novel;
(B)
rare; or
(C)
bizarre; or
(ii)
because of the firearm's association with an historical:
(A)
figure;
(B)
period; or
(C)
event; and
(e)
has been designated as a curio or relic firearm by the director of the United States 
Treasury Department Bureau of Alcohol, Tobacco, and Firearms under 27 C.F.R. 
Sec. 478.11.
(6)
(3)
(a)
"Dangerous weapon" means:
(i)
a firearm; or
(ii)
an object that in the manner of its use or intended use is capable of causing death 
or serious bodily injury.
(b)
The following factors are used in determining whether any object, other than a 
firearm, is a dangerous weapon:
(i)
the location and circumstances in which the object was used or possessed;
(ii)
the primary purpose for which the object was made;
(iii)
the character of the wound, if any, produced by the object's unlawful use;
(iv)
the manner in which the object was unlawfully used;
(v)
whether the manner in which the object is used or possessed constitutes a 
potential imminent threat to public safety; and
(vi)
the lawful purposes for which the object may be used.
(c)
"Dangerous weapon" does not include an explosive, chemical, or incendiary device 
as defined by Section 
76-10-306
.
(7)
(a)
"Dating relationship" means a romantic or intimate relationship between 
individuals.
(b)
"Dating relationship" does not include a casual acquaintanceship or ordinary 
fraternization in a business or social context.
(8)
"Dealer" means a person who is:
(a)
licensed under 18 U.S.C. Sec. 923; and
(b)
engaged in the business of selling, leasing, or otherwise transferring a handgun, 
whether the person is a retail or wholesale dealer, pawnbroker, or otherwise.
(9)
"Domestic violence" means the same as that term is defined in Section 
77-36-1
.
(10)
"Enter" means intrusion of the entire body.
(11)
"Federal Firearms Licensee" means a person who:
(a)
holds a valid Federal Firearms License issued under 18 U.S.C. Sec. 923; and
(b)
is engaged in the activities authorized by the specific category of license held.
(12)
(4)
(a)
"Firearm" means
:
(a)
a pistol, revolver, shotgun, short barreled shotgun, rifle
,
 or short barreled rifle
,
;
 or
(b)
a device that could be used as a dangerous weapon from which 
a projectile 
is 
expelled 
a projectile 
by 
an explosive 
action
 of an explosive
.
(b)
As used in Sections 
76-10-526
 and 
76-10-527
, "firearm" does not include an antique 
firearm.
(13)
"Firearms transaction record form" means a form created by the bureau to be 
completed by a person purchasing, selling, or transferring a handgun from a dealer in the 
state.
(14)
"Fully automatic weapon" means a firearm which fires, is designed to fire, or can be 
readily restored to fire, automatically more than one shot without manual reloading by a 
single function of the trigger.
(15)
(5)
(a)
"Handgun" means a pistol, revolver, or other firearm of any description, 
loaded or unloaded, 
from which a shot, bullet, or other missile can be discharged, 
the length of which, not including any revolving, detachable, or magazine breech, 
does not exceed 12 inches.
(b)
As used in Sections 
76-10-520
, 
76-10-521
, and 
76-10-522
, "handgun" and "pistol or 
revolver" do not include an antique firearm.
(16)
"House of worship" means a church, temple, synagogue, mosque, or other building set 
apart primarily for the purpose of worship in which religious services are held and the 
main body of which is kept for that use and not put to any other use inconsistent with its 
primary purpose.
(17)
"Machinegun firearm attachment" means any part or combination of parts added to a 
semiautomatic firearm that allows the firearm to fire as a fully automatic weapon.
(18)
"Prohibited area" means a place where it is unlawful to discharge a firearm.
(19)
"Readily accessible for immediate use" means that a firearm or other dangerous 
weapon is carried on the person or within such close proximity and in such a manner 
that it can be retrieved and used as readily as if carried on the person.
(20)
"Residence" means an improvement to real property used or occupied as a primary or 
secondary residence.
(21)
"Securely encased" means not readily accessible for immediate use, such as held in a 
gun rack, or in a closed case or container, whether or not locked, or in a trunk or other 
storage area of a motor vehicle, not including a glove box or console box.
(22)
(6)
"Minor" means an individual under 18 years old.
(7)
(a)
"Short barreled rifle" means a rifle having a barrel or barrels of fewer than 16 
inches in length.
(b)
"Short barreled rifle" includes a dangerous weapon made from a rifle by alteration, 
modification, or otherwise, if the weapon as modified has an overall length of fewer 
than 26 inches.
(8)
(a)
"Short barreled shotgun" 
or "short barreled rifle" 
means a shotgun having a 
barrel or barrels of fewer than 18 inches in length
, or in the case of a rifle, having a 
barrel or barrels of fewer than 16 inches in length, or a dangerous weapon made from 
a rifle or shotgun by alteration, modification, or otherwise, if the weapon as modified 
has an overall length of fewer than 26 inches.
.
(b)
"Short barreled shotgun" includes a dangerous weapon made from a shotgun by 
alteration, modification, or otherwise, if the weapon as modified has an overall length 
of fewer than 26 inches.
(23)
(9)
"Shotgun" means a smooth bore firearm designed to fire cartridges containing 
pellets or a single slug.
(24)
"Shoulder arm" means a firearm that is designed to be fired while braced against the 
shoulder.
(25)
"Single criminal episode" means the same as that term is defined in Section 
76-1-401
.
(26)
(10)
"Slug" means a single projectile discharged from a shotgun shell.
(27)
"State entity" means a department, commission, board, council, agency, institution, 
officer, corporation, fund, division, office, committee, authority, laboratory, library, unit, 
bureau, panel, or other administrative unit of the state.
(28)
(11)
"Violent felony" means the same as that term is defined in Section 
76-3-203.5
.
Section 94, Section 
76-11-102
, which is renumbered from Section 76-10-502 is renumbered 
and amended to read:
76-10-502
76-11-102
. When a firearm is considered to be loaded.
(1)
For the purpose of this chapter
, any pistol, revolver, shotgun, rifle, or other weapon 
described in this part shall be deemed to be
:
(a)
a firearm is considered to be
 loaded when there is an unexpended cartridge, shell, or 
projectile in the firing position
.
;
(2)
(b)
Pistols and revolvers shall also be deemed to be
handguns are also considered 
to be
 loaded when an unexpended cartridge, shell, or projectile is in a position 
whereby the manual operation of any mechanism once would cause the unexpended 
cartridge, shell, or projectile to be fired
.
; and
(3)
(c)
A
a
 muzzle loading firearm 
shall be deemed to be
is considered
 loaded when 
it
the muzzle loading firearm
 is capped or primed and has a powder charge and ball 
or shot in the barrel or cylinders.
(2)
If a provision of this chapter does not specify that the firearm in the prohibited or 
allowed conduct is loaded or unloaded, the prohibited or allowed conduct includes if the 
firearm is either loaded or unloaded.
Section 95, Section 
76-11-201
 is enacted to read:
2. General Weapons Violations
76-11-201
. Definitions.
As used in this part:
(1)
"Enter" means intrusion of the entire body.
(2)
"Fully automatic weapon" means a firearm that fires, is designed to fire, or can be 
readily restored to fire, automatically more than one shot without manual reloading by a 
single function of the trigger.
(3)
"House of worship" means a church, temple, synagogue, mosque, or other building set 
apart primarily for the purpose of worship in which religious services are held and the 
main body of which is kept for that use and not put to any other use inconsistent with the 
building's primary purpose.
(4)
"Machinegun firearm attachment" means any part or combination of parts added to a 
semiautomatic firearm that allows the firearm to fire as a fully automatic weapon.
(5)
(a)
"Readily accessible for immediate use" means that a firearm or other dangerous 
weapon is carried on an individual's person or within such close proximity and in 
such a manner that it can be retrieved and used as readily as if carried on the 
individual's person.
(b)
"Readily accessible for immediate use" does not include a securely encased firearm.
(6)
(a)
"Securely encased firearm" means a firearm that is not readily accessible for 
immediate use.
(b)
"Securely encased firearm" includes a loaded or unloaded firearm located in a gun 
rack, in a closed locked or unlocked case or container, or in a trunk or other storage 
area of a motor vehicle.
(c)
"Securely encased firearm" does not include a firearm in a glove box or console box 
unless the firearm is also in a holster or other case which covers the trigger 
mechanism.
Section 96, Section 
76-11-202
, which is renumbered from Section 76-10-504 is renumbered 
and amended to read:
76-10-504
76-11-202
. Unlawful carrying of a concealed firearm by an 
individual under 21 years old.
(1)
Except as provided in Sections 
76-10-503
 and 
76-10-523
 and in Subsections 
(2)
, 
(3)
, 
and 
(4)
, a person who carries a concealed firearm, as defined in Section 
76-10-501
, 
including an unloaded firearm on his or her person or one that is readily accessible for 
immediate use which is not securely encased, as defined in this part, in or on a place 
other than the person's residence, property, a vehicle in the person's lawful possession, 
or a vehicle, with the consent of the individual who is lawfully in possession of the 
vehicle, or business under the person's control is guilty of a class B misdemeanor.
(2)
A person who carries a concealed firearm that is a loaded firearm in violation of 
Subsection 
(1)
 is guilty of a class A misdemeanor.
(3)
A person who carries concealed an unlawfully possessed short barreled shotgun or a 
short barreled rifle is guilty of a second degree felony.
(4)
If the concealed firearm is used in the commission of a violent felony as defined in 
Section 
76-3-203.5
, and the person is a party to the offense, the person is guilty of a 
second degree felony.
(5)
Nothing in Subsection 
(1)
 or 
(2)
 prohibits a person engaged in the lawful taking of 
protected or unprotected wildlife as defined in 
Title 23A, Wildlife Resources Act
, from 
carrying a concealed firearm as long as the taking of wildlife does not occur:
(a)
within the limits of a municipality in violation of that municipality's ordinances; or
(b)
upon the highways of the state as defined in Section 
41-6a-102
.
(1)
Terms defined in Sections 
76-1-101.5
, 
76-11-101
, and 
76-11-201
 apply to this section.
(2)
An actor commits unlawful carrying of a concealed firearm by an individual under 21 
years old if:
(a)
the actor is younger than 21 years old;
(b)
the actor does not have a provisional concealed carry permit issued in accordance 
with Section 
53-5a-304
 or a concealed carry permit lawfully issued by or in another 
state;
(c)
the actor conceals a firearm in a covered, hidden, or secreted manner that the public 
would not be aware of the firearm's presence;
(d)
the firearm described in Subsection 
(2)(c)
 is readily accessible for immediate use by 
the actor; and
(e)
the actor is in a location that is not:
(i)
the actor's residence;
(ii)
the actor's real property;
(iii)
a vehicle that the actor is lawfully present in; or
(iv)
a business under the actor's control.
(3)
(a)
Except as provided in Subsection (3)(b) or (3)(c), a violation of Subsection (2) is a 
class B misdemeanor.
(b)
Except as provided in Subsection (3)(c), a violation of Subsection (2) is a class A 
misdemeanor if the firearm was loaded at the time of the violation.
(c)
A violation of Subsection (2) is a second degree felony if the firearm was used in the 
commission of a violent felony and the actor was a party to the offense.
(4)
This section does not:
(a)
apply to an individual who is categorized as a restricted person under Section 
76-11-302
 or 
76-11-303
 and may not possess a firearm in any manner or location and 
is subject to the penalties described in Part 3, Persons Restricted Regarding 
Dangerous Weapons;
(b)
prohibit an individual engaged in the lawful taking of protected or unprotected 
wildlife as defined in Title 23A, Wildlife Resources Act, from carrying a concealed 
firearm while performing an act to take the wildlife if the taking of wildlife does not 
occur:
(i)
within the limits of a municipality in violation of that municipality's ordinances; or
(ii)
upon the highways of the state as defined in Section 
41-6a-102
;
(c)
apply to an individual who is not a restricted person as described in Section 
76-11-302
 or 
76-11-303
 or 18 U.S.C. Sec. 922(g) and is issued a protective order 
under Subsection 
78B-7-404(1)(b)
 or 
78B-7-603(1)(b)
, for a period of 120 days after 
the day on which the individual is issued the protective order; or
(d)
prohibit the owner or lawful possessor of a vehicle from prohibiting another 
individual from carrying a firearm in the owner's or lawful possessor's vehicle.
(5)
An actor is lawfully present in a vehicle while carrying a firearm under this section if:
(a)
the vehicle is in the lawful possession of the actor; or
(b)
the actor has the consent of the person lawfully in possession of the vehicle to carry 
the firearm in the vehicle.
Section 97, Section 
76-11-203
 is enacted to read:
76-11-203
. Concealing an unlawfully possessed short barreled shotgun or short 
barreled rifle.
(1)
Terms defined in Sections 
76-1-101.5
, 
76-11-101
, and 
76-11-201
 apply to this section.
(2)
An actor commits concealing an unlawfully possessed short barreled shotgun or short 
barreled rifle if:
(a)
the actor unlawfully possesses a short barreled shotgun or short barreled rifle;
(b)
the actor conceals the unlawfully possessed short barreled shotgun or short barreled 
rifle in a covered, hidden, or secreted manner that the public would not be aware of 
the short barreled shotgun's or short barreled rifle's presence; and
(c)
the 
short barreled shotgun or short barreled rifle is readily accessible for immediate 
use by the actor.
(3)
A violation of Subsection (2) is a second degree felony.
Section 98, Section 
76-11-204
, which is renumbered from Section 76-10-505 is renumbered 
and amended to read:
76-10-505
76-11-204
. Unlawfully carrying a firearm in a vehicle.
(1)
Unless otherwise authorized by law, a person may not carry a loaded firearm:
(a)
in or on a vehicle, unless:
(i)
the vehicle is in the person's lawful possession; or
(ii)
the person is carrying the loaded firearm in a vehicle with the consent of the 
person lawfully in possession of the vehicle;
(b)
on a public street; or
(c)
in a posted prohibited area.
(2)
Subsection 
(1)(a)
 does not apply to a minor under 18 years of age, since a minor under 
18 years of age may not carry a loaded firearm in or on a vehicle.
(3)
Notwithstanding Subsections 
(1)(a)(i)
 and 
(ii)
, and Subsection 
76-10-523(5)
, a person 
may not possess a loaded rifle, shotgun, or muzzle-loading rifle in a vehicle.
(4)
(1)
Terms defined in Sections 
76-1-101.5
, 
76-11-101
, and 
76-11-201
 apply to this 
section.
(2)
An actor commits unlawfully carrying a firearm in a vehicle if the actor:
(a)
is 18 years old or older; and
(b)
(i)
(A)
is carrying a firearm that is readily accessible by the actor for immediate 
use; and
(B)
is in a vehicle in which the actor is not lawfully present; or
(ii)
is carrying a loaded rifle, shotgun, or muzzle-loading rifle in any vehicle.
(3)
A violation of 
this section
Subsection (2)
 is a class B misdemeanor.
(4)
This section does not prohibit the owner or lawful possessor of a vehicle from 
prohibiting another individual who may otherwise lawfully carry a firearm from 
carrying a firearm in the owner's or lawful possessor's vehicle.
(5)
An actor is lawfully present in a vehicle while carrying a firearm under this section if:
(a)
the vehicle is in the lawful possession of the actor; or
(b)
the actor has the consent of the person lawfully in possession of the vehicle to carry 
the firearm in the vehicle.
(6)
This section does not apply if the actor has a concealed carry permit issued under 
Section 
53-5a-303
, a temporary concealed carry permit issued under Section 
53-5a-304
, 
a provisional concealed carry permit issued under Section 
53-5a-305
, or a concealed 
carry permit lawfully issued by or in another state.
Section 99, Section 
76-11-205
, which is renumbered from Section 76-10-505.5 is renumbered 
and amended to read:
76-10-505.5
76-11-205
. Carrying a dangerous weapon at an elementary school 
or secondary school.
(1)
(a)
As used in this section, "on or about school premises" means:
(a)
(i)
(i)
in a public or private elementary
 school
 or secondary school; or
(ii)
on the grounds of 
any of those schools;
a private elementary school or secondary 
school.
(b)
(i)
in a public or private institution of higher education; or
(ii)
on the grounds of a public or private institution of higher education; or
(c)
(i)
inside the building where a preschool or child care is being held, if the entire 
building is being used for the operation of the preschool or child care; or
(ii)
if only a portion of a building is being used to operate a preschool or child care, 
in that room or rooms where the preschool or child care operation is being held.
(b)
Terms defined in Sections 
76-1-101.5
, 
76-11-101
, and 
76-11-201
 apply to this 
section.
(2)
An actor who is 18 years old or older may not possess a dangerous weapon, firearm, or 
short barreled shotgun at a place that the actor knows, or has reasonable cause to 
believe, is on or about school premises
An actor commits carrying a dangerous weapon 
at an elementary school or secondary school if the actor:
(a)
is not an individual listed in Subsection 
(4)
;
(b)
carries a dangerous weapon on or about school premises; and
(c)
knows or reasonably believes that the actor is on or about school premises at the time 
the actor carries the dangerous weapon
.
(3)
(a)
Possession of a dangerous weapon on or about school premises is a class B 
misdemeanor.
A violation of Subsection (2) is a class B misdemeanor if the 
dangerous weapon carried by the actor is not a firearm.
(b)
Possession of a firearm or short barreled shotgun on or about school premises is a 
class A misdemeanor.
A violation of Subsection (2) is a class A misdemeanor if the 
dangerous weapon carried by the actor is a firearm.
(4)
This section does not apply if:
(a)
the actor is 
authorized to possess a firearm as described in Section 
53-5-704
, 
53-5-705
, 
76-10-511
, or 
76-10-523
, or as otherwise authorized by law
an individual 
exempt from certain weapons laws as described in Section 
53-5a-108
;
(b)
the actor is 21 years old or older and has a concealed carry permit as described in 
Section 
53-5a-303
;
(b)
the actor is authorized to possess a firearm as described in Section 
53-5-704.5
, 
unless the actor is in a location where the actor is prohibited from carrying a firearm 
under Subsection 
53-5-710
(2);
(c)
the actor is 21 years old or older and has a temporary concealed carry permit issued 
under Section 
53-5a-305
;
(d)
the actor is carrying the dangerous weapon at the actor's place of residence or on the 
actor's real property;
(c)
(e)
the possession 
of the dangerous weapon 
is approved by the responsible school 
administrator;
(d)
(f)
the 
item
dangerous weapon
 is present or to be used in connection with a lawful, 
approved activity and is in the possession or under the control of the actor 
responsible for the 
item's
dangerous weapon's
 possession or use; 
(e)
(g)
the actor is an armed school security guard as described in Section 
53G-8-704
; or
(f)
(h)
the 
possession is:
actor is carrying the dangerous weapon
(i)
at the actor's place of residence or on the actor's property; or
(ii)
in 
any
a
 vehicle lawfully under the actor's control, 
other than
not including
 a 
vehicle owned by the school or used by the school to transport students.
(5)
This section does not
:
(a)
prohibit prosecution of 
a more serious weapons
another criminal
 offense that may 
occur on or about school premises;
 or
(b)
prevent an actor from securely storing a firearm on the grounds of a school if the 
actor:
(i)
participates in: 
(A)
the school guardian program created in Section 
53-22-105
; 
and
or
(B)
the Educator-Protector Program created in Section 
53-22-107
; and
(ii)
complies with the requirements for securely storing the firearm described in 
Subsection 
53-22-107(5)(a)
; or
.
(c)
prohibit the prosecution of possession of a dangerous weapon by a minor, as 
described in Section 
76-10-509.4
, that occurs on or about school premises.
Section 100, Section 
76-11-205.5
 is enacted to read:
76-11-205.5
. Carrying a dangerous weapon at an institution of higher education.
(1)
As used in this section, "on or about school premises" means:
(a)
in a public or private institution of higher education; or
(b)
on the grounds of a public or private institution of higher education.
(2)
An actor commits carrying a dangerous weapon at an institution of higher education if 
the actor:
(a)
is not an individual listed in Subsection (4);
(b)
carries a dangerous weapon on or about school premises; and
(c)
knows or reasonably believes that the actor is on or about school premises at the time 
the actor carries the dangerous weapon.
(3)
(a)
A violation of Subsection (2) is a class B misdemeanor if the dangerous weapon 
carried by the actor is not a firearm.
(b)
A violation of Subsection (2) is a class A misdemeanor if the dangerous weapon 
carried by the actor is a firearm.
(4)
This section does not apply if:
(a)
the actor is an individual exempt from certain weapons laws as described in Section 
53-5a-108
;
(b)
the actor has a concealed carry permit as described in Section 
53-5a-303
;
(c)
the actor has a provisional concealed carry permit as described in Section 
53-5a-304
;
(d)
the actor has a temporary concealed carry permit issued under Section 
53-5a-305
;
(e)
the actor is carrying the dangerous weapon at the actor's place of residence or on the 
actor's real property;
(f)
the possession of the dangerous weapon is approved by the responsible school 
administrator;
(g)
the dangerous weapon is present or to be used in connection with a lawful, approved 
activity and is in the possession or under the control of the actor responsible for the 
dangerous weapon's possession or use; or
(h)
the actor is carrying the dangerous weapon in a vehicle lawfully under the actor's 
control, not including a vehicle owned by the school or used by the school to 
transport students.
(5)
This section does not prohibit prosecution of another criminal offense that may occur on 
or about school premises.
Section 101, Section 
76-11-206
 is enacted to read:
76-11-206
. Carrying a dangerous weapon at a daycare.
(1)
(a)
As used in this section:
(i)
"Daycare" means a preschool or child care center.
(ii)
"On or about daycare premises" means:
(A)
inside the building where a daycare is being held, if the entire building is 
being used for the operation of the daycare; or
(B)
if only a portion of a building is being used to operate a daycare, in the room 
or rooms where the daycare operation is being held.
(b)
Terms defined in Sections 
76-1-101.5
, 
76-11-101
, and 
76-11-201
 apply to this 
section.
(2)
An actor commits carrying a dangerous weapon at a daycare if the actor:
(a)
is not an individual listed in Subsection 
(4)
;
(b)
carries a dangerous weapon on or about daycare premises; and
(c)
has reasonable cause to believe that the actor is on or about daycare premises at the 
time the actor carried the dangerous weapon.
(3)
(a)
A violation of Subsection 
(2)
 is a class B misdemeanor if the dangerous weapon 
carried by the actor is not a firearm.
(b)
A violation of Subsection 
(2)
 is a class A misdemeanor if the dangerous weapon 
carried by the actor is a firearm.
(4)
This section does not apply if:
(a)
the actor is an individual exempted from certain weapons laws as described in 
Section 
53-5a-108
;
(b)
the actor has a concealed carry permit as described in Section 
53-5a-303
;
(c)
the actor has a provisional concealed carry permit as described in Section 
53-5a-304
;
(d)
the actor has a temporary concealed carry permit issued under Section 
53-5a-305
;
(e)
the actor is carrying the dangerous weapon at the actor's place of residence or on the 
actor's real property;
(f)
the actor's carrying of the dangerous weapon is approved by the responsible daycare 
administrator;
(g)
the dangerous weapon is present or to be used in connection with a lawful, approved 
activity and is in the possession or under the control of the actor responsible for the 
dangerous weapon's possession or use; or
(h)
the actor is carrying the dangerous weapon in a vehicle lawfully under the actor's 
control, not including a vehicle owned by the daycare or used by the daycare to 
transport minors enrolled in the daycare.
(5)
This section does not prohibit the prosecution of another criminal offense that may 
occur on or about daycare premises.
Section 102, Section 
76-11-207
, which is renumbered from Section 76-10-506 is renumbered 
and amended to read:
76-10-506
76-11-207
. Threatening with or using a dangerous weapon in a fight 
or quarrel.
(1)
As used in this section:
(a)
"Dangerous weapon" means an item that in the manner of its use or intended use is 
capable of causing death or serious bodily injury. The following factors shall be used 
in determining whether an item, object, or thing is a dangerous weapon:
(i)
the character of the instrument, object, or thing;
(ii)
the character of the wound produced, if any; and
(iii)
the manner in which the instrument, object, or thing was exhibited or used.
(b)
"Threatening manner" does not include:
(i)
the possession of a dangerous weapon, whether visible or concealed, without 
additional behavior which is threatening; or
(ii)
informing another of the actor's possession of a deadly weapon to prevent what 
the actor reasonably perceives as a possible use of unlawful force by the other and 
the actor is not engaged in any activity described in Subsection 
76-2-402(3)(a)
.
(2)
Except as otherwise provided in Section 
76-2-402
 and for an individual described in 
Section 
76-10-503
, an individual who, in the presence of two or more individuals, and 
not amounting to a violation of Section 
76-5-103
,
(1)
Terms defined in Sections 
76-1-101.5
, 
76-11-101
, and 
76-11-201
 apply to this section.
(2)
An actor commits threatening with or using a dangerous weapon in a fight or quarrel if 
the actor, in the presence of two or more individuals:
(a)
unlawfully 
draws or exhibits a dangerous weapon in an angry and threatening manner
;
or
(b)
unlawfully uses a dangerous weapon in a fight or quarrel
 is guilty of a class A 
misdemeanor
.
(3)
A violation of Subsection 
(2)
 is a class A misdemeanor.
(3)
(4)
This section does not apply to
:
(a)
an individual who, reasonably believing the action to be necessary in compliance 
with Section 
76-2-402
, with purpose to prevent another's use of unlawful force:
(a)
(i)
threatens the use of a dangerous weapon; or
(b)
(ii)
draws or exhibits a dangerous weapon
.
; or
(4)
(b)
This section does not apply to an individual listed in Subsections 
76-10-523(1)(a)
 through 
(f)
an individual exempted from certain weapons laws as 
described in Subsections 
53-5a-108(1)(a)
 through (f) acting
 in performance of the 
individual's duties.
(5)
For purposes of this section, the following conduct by an actor does not constitute 
drawing or exhibiting a dangerous weapon in an angry and threatening manner as 
described in Subsection 
(2)
:
(a)
possession of a dangerous weapon, whether visible or concealed, without additional 
threatening behavior; or
(b)
(i)
informing another individual of the actor's possession of a dangerous weapon to 
prevent what the actor reasonably perceives as a possible use of unlawful force by 
the individual; and
(ii)
the actor is not engaged in any activity described in Subsection 
76-2-402(3)(a)
.
Section 103, Section 
76-11-208
, which is renumbered from Section 76-10-507 is renumbered 
and amended to read:
76-10-507
76-11-208
. Possession of a dangerous weapon with criminal intent.
(1)
Terms defined in Sections 
76-1-101.5
, 
76-11-101
, and 
76-11-201
 apply to this section.
(2)
Every person having upon his person any
An actor commits possession of a 
dangerous weapon with criminal intent if the actor possesses a
 dangerous weapon with
the
 intent to use 
it
the dangerous weapon
 to commit a criminal offense
.
(3)
A violation of Subsection 
(2)
 is 
guilty of 
a class A misdemeanor.
Section 104, Section 
76-11-209
, which is renumbered from Section 76-10-508 is renumbered 
and amended to read:
76-10-508
76-11-209
. Improper discharging of a dangerous weapon.
(1)
Terms defined in Sections 
76-1-101.5
, 
76-11-101
, and 
76-11-201
 apply to this section.
(1)
(2)
(a)
An individual may not discharge
An actor commits improper discharging of
a dangerous weapon 
or firearm
if the actor discharges a dangerous weapon
:
(i)
(a)
from 
an automobile or other
a
 vehicle;
(ii)
(b)
from, upon, or across a highway;
(iii)
(c)
at a road sign placed 
upon a highway of the
on a
 state
 highway
;
(iv)
(d)
at communications equipment or property of public utilities including facilities, 
lines, poles, or devices of transmission or distribution;
(v)
(e)
at railroad equipment or facilities including a sign or signal;
(vi)
(f)
within a Utah State Park building, designated camp or picnic sites, overlooks, 
golf courses, boat ramps, and developed beaches; or
(vii)
(g)
without written permission to discharge the dangerous weapon from the owner 
or person in charge of the property within 600 feet of:
(A)
(i)
a house, dwelling, or
 any
 other building; or
(B)
(ii)
any
a
 structure in which a domestic animal is kept or fed, including a barn, 
poultry yard, corral, feeding pen, or stockyard.
(b)
It is a defense to any charge for violating this section that the individual being 
accused had actual permission of the owner or person in charge of the property at the 
time in question.
(2)
(3)
A violation of 
any provision of 
Subsection 
(1)
(2)
 is a class B misdemeanor.
(3)
(4)
In addition to any other penalties, the court shall:
(a)
notify the Driver License Division of the conviction for purposes of any revocation, 
denial, suspension, or disqualification of a driver license under Subsection 
53-3-220(1)(a)(xi)
; and
(b)
specify in court at the time of sentencing the length of the revocation under 
Subsection 
53-3-225(1)(c)
.
(4)
(5)
This section does not apply to an 
individual
actor
 who:
(a)
discharges a 
firearm when that individual is
dangerous weapon
 in 
the 
lawful defense 
of 
self or others
the actor or another individual
;
(b)
is an individual listed in Subsections 
53-5a-108(1)(a)
 through (f) and 
is performing 
official duties as provided in Section 
23A-5-202
and Subsections 
76-10-523(1)(a)
through 
(f)
 and
or
 as otherwise provided by law; or
(c)
discharges a dangerous weapon
 or firearm
 from an automobile or other vehicle, if:
(i)
the discharge occurs at a firing range or training ground;
(ii)
at no time after the discharge does the projectile that is discharged cross over or 
stop at a location other than within the boundaries of the firing range or training 
ground described in Subsection 
(4)(c)(i)
(5)(c)(i)
;
(iii)
the discharge is made as practice or training for a lawful purpose;
(iv)
the discharge and the location, time, and manner of the discharge are approved 
by the owner or operator of the firing range or training ground before the 
discharge; and
(v)
the discharge is not made in violation of Subsection 
(1)
(2)
.
(6)
It is a defense to a charge for violating this section that the actor had actual permission 
of the person in charge of the property at the time the actor discharged the dangerous 
weapon as described in Subsection 
(2)
.
Section 105, Section 
76-11-210
, which is renumbered from Section 76-10-508.1 is renumbered 
and amended to read:
76-10-508.1
76-11-210
. Felony discharge of a firearm.
(1)
(a)
As used in this section, "habitable structure" means the same as that term is 
defined in Section 
76-6-101
.
(b)
Terms defined in Sections 
76-1-101.5
, 
76-11-101
, and 
76-11-201
 apply to this 
section.
(2)
Except as provided under Subsection 
(2)
 or 
(3)
, an individual who discharges a firearm 
is guilty of a third degree felony punishable by imprisonment for a term of not less than 
three years nor more than five years 
An actor commits felony discharge of a firearm 
if:
(a)
the actor discharges a firearm in the direction of 
one or more individuals
an 
individual
, knowing or having reason to believe that 
any
an
 individual may be 
endangered by the discharge of the firearm;
(b)
the actor, with intent to intimidate or harass another 
individual 
or with intent to 
damage a habitable structure
 as defined in Section 
76-6-101
, discharges a firearm in 
the direction of 
any
an
 individual or 
a 
habitable structure; or
(c)
the actor, with intent to intimidate or harass another
 individual
, discharges a firearm 
in the direction of 
any
a
 vehicle.
(2)
(3)
(a)
A
Except as provided in Subsection 
(3)(b)
 or (3)(c), a
 violation of 
Subsection 
(1)
(2) is a third degree felony punishable by a term of imprisonment of 
not less than three years nor more than five years.
(b)
Except as provided in Subsection 
(3)(c)
, a violation of Subsection 
(2)
that causes 
bodily injury to any individual is a second degree felony punishable by imprisonment 
for a term of not less than three years nor more than 15 years.
(3)
(c)
A violation of Subsection 
(1)
(2)
 that causes serious bodily injury to 
any
an
individual is a first degree felony.
(4)
In addition to any other penalties for a violation of this section, the court shall:
(a)
notify the Driver License Division of the conviction for purposes of any revocation, 
denial, suspension, or disqualification of a driver license under Subsection 
53-3-220(1)(a)(xi)
; and
(b)
specify in court at the time of sentencing the length of the revocation under 
Subsection 
53-3-225(1)(c)
.
(5)
This section does not apply to an 
individual
actor
:
(a)
who discharges a firearm 
when that individual is 
in 
the 
lawful defense of 
self
the 
actor
 or 
others
another individual
;
(b)
who 
is an individual listed in Subsections 
53-5a-108(1)(a)
 through (f) and 
is 
performing official duties as provided in Section 
23A-5-202
 or Subsections 
76-10-523(1)(a)
 through 
(f)
,
 or as otherwise authorized by law; or
(c)
who discharges a dangerous weapon
 or firearm
 from an automobile or other 
vehicle, if:
(i)
the discharge occurs at a firing range or training ground;
(ii)
at no time after the discharge does the projectile that is discharged cross over or 
stop at a location other than within the boundaries of the firing range or training 
ground described in Subsection 
(5)(c)(i)
;
(iii)
the discharge is made as practice or training for a lawful purpose;
(iv)
the discharge and the location, time, and manner of the discharge are approved 
by the owner or operator of the firing range or training ground before the 
discharge; and
(v)
the discharge is not made in violation of Subsection 
(1)
(2)
.
Section 106, Section 
76-11-211
, which is renumbered from Section 76-10-509.4 is renumbered 
and amended to read:
76-10-509.4
76-11-211
. Possession of a dangerous weapon by a minor.
(1)
(a)
As used in this section, "responsible adult" means an individual:
(a)
(i)
who is 18 years old or older; and
(b)
(ii)
who may lawfully possess a dangerous weapon.
(b)
Terms defined in Sections 
76-1-101.5
, 
76-11-101
, and 
76-11-201
 apply to this 
section.
(2)
An actor 
who is under 18 years old may not possess a dangerous weapon
commits 
possession of a dangerous weapon by a minor if the actor:
(a)
is a minor; and
(b)
possesses a dangerous weapon
.
(3)
(a)
Except as provided in Subsection (3)(b), a violation of Subsection (2) is:
(i)
a class B misdemeanor for a first offense; and
(ii)
a class A misdemeanor for each subsequent offense.
(b)
A violation of Subsection (2) is a third degree felony if the dangerous weapon is:
(i)
a handgun;
(ii)
a short barreled rifle;
(iii)
a short barreled shotgun;
(iv)
a fully automatic weapon; or
(v)
a machinegun firearm attachment.
(4)
For an actor who is younger than 14 years old, this section does not apply if the actor:
(a)
possesses a dangerous weapon;
(b)
has permission from the actor's parent or guardian to possess the dangerous weapon;
(c)
is accompanied by the actor's parent or guardian, or a responsible adult, while the 
actor has the dangerous weapon in the actor's possession; and
(d)
does not use the dangerous weapon in the commission of a crime.
(5)
For an actor who is 14 years old or older but younger than 18 years old, this section 
does not apply if the actor:
(a)
possesses a dangerous weapon;
(b)
has permission from the actor's parent or guardian to possess the dangerous weapon; 
and
(c)
does not use the dangerous weapon in the commission of a crime.
(6)
This section does not apply to the following minors who are otherwise complying with 
Subsection 
(4)
 or (5):
(a)
a minor who is a patron at an amusement park, pier, or similar location and is 
possessing a firearm to participate in lawfully operated target concessions if the 
firearm to be used is firmly chained or affixed to the counters;
(b)
a minor attending a hunter's safety course or a firearms safety course and possessing 
a weapon as part of the course;
(c)
a minor using a firearm at an established range or other area where the discharge of a 
firearm is not prohibited by state or local law;
(d)
a minor participating in an organized competition involving the use of a firearm, or 
practicing for the competition;
(e)
a minor who is on real property with the permission of the owner, licensee, or lessee 
of the property and who has the permission of a parent or legal guardian or the 
owner, licensee, or lessee of the property to possess a firearm not otherwise in 
violation of law;
(f)
a minor who has a valid hunting license and is possessing a firearm to lawfully 
engage in hunting; or
(g)
a minor traveling to or from an activity described in Subsections 
(6)(a)
 through (f) 
with an unloaded firearm in the minor's possession.
Section 107, Section 
76-11-212
, which is renumbered from Section 76-10-509.5 is renumbered 
and amended to read:
76-10-509.5
76-11-212
. Transferring a handgun, short barreled rifle, short 
barreled shotgun, or fully automatic weapon to a minor.
(1)
Any person who provides a handgun to a minor when the possession of the handgun by 
the minor is a violation of Section 
76-10-509.4
 is guilty of:
(a)
a class B misdemeanor upon the first offense; and
(b)
a class A misdemeanor for each subsequent offense.
(2)
Any person who transfers in violation of applicable state or federal law a short barreled 
rifle, short barreled shotgun, or fully automatic weapon to a minor is guilty of a third 
degree felony.
(1)
Terms defined in Sections 
76-1-101.5
, 
76-11-101
, and 
76-11-201
 apply to this section.
(2)
An actor is guilty of transferring a handgun, short barreled rifle, short barreled shotgun, 
or fully automatic weapon to a minor if:
(a)
the actor transfers:
(i)
a handgun to a minor; or
(ii)
a short barreled rifle, short barreled shotgun, or fully automatic weapon to a 
minor; and
(b)
the transferring of the firearm described in Subsection (2)(a):
(i)
would result in the minor committing a violation of Section 
76-11-211
, Possession 
of a dangerous weapon by a minor; or
(ii)
is in violation of any other applicable state or federal law.
(3)
A violation of Subsection (2)(a) is:
(a)
if the violation is the result of transferring a handgun:
(i)
a class B misdemeanor upon the first offense; and
(ii)
a class A misdemeanor for each subsequent offense; or
(b)
a third degree felony if the violation is the result of transferring a short barreled rifle, 
short barreled shotgun, or fully automatic weapon to a minor.
Section 108, Section 
76-11-213
, which is renumbered from Section 76-10-509.6 is renumbered 
and amended to read:
76-10-509.6
76-11-213
. Parent or guardian providing a firearm to a violent 
minor.
(1)
Terms defined in Sections 
76-1-101.5
, 
76-11-101
, and 
76-11-201
 apply to this section.
(2)
A parent or guardian may not
An actor is guilty of a parent or guardian providing a 
firearm to a violent minor if:
(a)
the actor 
intentionally or knowingly 
provide
provides
 a firearm to, or 
permit
permits
 the possession of a firearm by, 
any
a
 minor
;
(b)
the minor is the actor's biological or adopted child or the actor is the legal guardian 
of the minor; and
(c)
who
the minor
 has 
previously 
been
:
(i)
convicted of a violent felony
 as defined in Section 
76-3-203.5
;
 or
(ii)
 any minor who has been 
adjudicated in juvenile court for an offense which 
would constitute a violent felony if the minor were an adult.
(2)
(3)
Any person who violates this section is guilty of
A violation of Subsection 
(2)
 is
:
(a)
a class A misdemeanor upon the first offense; and
(b)
a third degree felony for each subsequent offense.
Section 109, Section 
76-11-214
, which is renumbered from Section 76-10-509.7 is renumbered 
and amended to read:
76-10-509.7
76-11-214
. Parent or guardian knowing a minor is in possession of 
a dangerous weapon.
(1)
Terms defined in Sections 
76-1-101.5
, 
76-11-101
, and 
76-11-201
 apply to this section.
(2)
Any parent or guardian of a minor who knows that the minor is in
An actor is guilty 
of parent or guardian knowing a minor is in
 possession of a dangerous weapon
 if:
(a)
the actor knows a minor is in possession of a dangerous weapon
 in violation of 
Section
76-10-509.4
76-11-211
, Possession of a dangerous weapon by a minor;
(b)
the minor is the actor's biological or adopted child or the actor is the legal guardian 
of the minor;
 and 
(c)
the actor 
fails to make reasonable efforts to remove the dangerous weapon from the 
minor's possession
.
(3)
is guilty of
A violation of Subsection (2) is
 a class B misdemeanor.
Section 110, Section 
76-11-215
, which is renumbered from Section 76-10-509.9 is renumbered 
and amended to read:
76-10-509.9
76-11-215
. Selling a firearm to a minor.
(1)
Terms defined in Sections 
76-1-101.5
, 
76-11-101
, and 
76-11-201
 apply to this section.
(2)
A person may not sell any 
An actor commits selling a 
firearm to a minor 
under 18 
years of age unless
if:
(a)
the actor sells a firearm to a minor; and
(b)
at the time the actor sells the weapon to a minor,
 the minor is 
not 
accompanied by a 
parent
 of the minor
 or 
a legal 
guardian
 of the minor
.
(2)
(3)
Any person who violates this section is guilty of 
A violation of Subsection 
(2)
 is 
a 
third degree felony.
Section 111, Section 
76-11-216
 is enacted to read:
76-11-216
. Prohibited conduct in the sale of a dangerous weapon.
(1)
(a)
As used in this section, "materially false information" means information that 
portrays an illegal dangerous weapon transaction as legal or a legal dangerous 
weapon transaction as illegal.
(b)
Terms defined in Sections 
76-1-101.5
, 
76-11-101
, and 
76-11-201
 apply to this 
section.
(2)
An actor commits prohibited conduct in the sale of a dangerous weapon if the actor:
(a)
(i)
knowingly solicits, persuades, encourages, or entices a person to sell, transfer, 
or otherwise provide a dangerous weapon to the actor or another individual; and
(ii)
knows that the sale, transfer, or providing of the dangerous weapon to the actor or 
other individual would be a violation of state or federal law; or
(b)
(i)
provides information that the actor knows is materially false information to a 
person; and
(ii)
knowingly provides the materially false information to the person with intent to 
deceive the person about the lawfulness of a sale, transfer, or providing of a 
dangerous weapon to the actor or another individual.
(3)
(a)
A violation of Subsection (2) is a class A misdemeanor if the dangerous weapon 
sold, transferred, or provided is not a firearm.
(b)
A violation of Subsection 
(2)
 is a third degree felony if the dangerous weapon sold, 
transferred, or provided is a firearm.
Section 112, Section 
76-11-217
, which is renumbered from Section 76-10-528 is renumbered 
and amended to read:
76-10-528
76-11-217
. Carrying a dangerous weapon while under the influence 
of alcohol or drugs.
(1)
Terms defined in Sections 
76-1-101.5
, 
76-11-101
, and 
76-11-201
 apply to this section.
(2)
It is a class B misdemeanor for an actor to carry 
An actor commits carrying 
a 
dangerous weapon while under the influence of
 alcohol or drugs if the actor:
(a)
carries a dangerous weapon that is readily accessible by the actor for immediate use; 
and
(b)
is under the influence of
:
(a)
(i)
alcohol as determined by the actor's blood or breath alcohol concentration in 
accordance with Subsections 
41-6a-502(1)(a)
 through 
(c)
; or
(b)
(ii)
a controlled substance as defined in Section 
58-37-2
.
(3)
A violation of Subsection 
(2)
 is a class B misdemeanor.
(2)
(4)
This section does not apply to:
(a)
an actor carrying a dangerous weapon that is either securely encased, as defined in 
this part, or not within such close proximity and in such a manner that it can be 
retrieved and used as readily as if carried on the person;
(b)
(a)
an actor who uses or threatens to use force in compliance with Section 
76-2-402
;
(c)
(b)
an actor carrying a dangerous weapon in the actor's residence or the residence of 
another 
individual 
with the consent of the individual who is lawfully in possession
 of 
the residence
;
(d)
(c)
an actor under the influence of cannabis or a cannabis product, as those terms 
are defined in Section 
26B-4-201
, if the actor's use of the cannabis or cannabis 
product complies with 
Title 26B, Chapter 4, Part 2, Cannabinoid Research and 
Medical Cannabis
; or
(e)
(d)
an actor who:
(i)
has a valid prescription for a controlled substance;
(ii)
takes the controlled substance described in Subsection 
(2)(e)(i)
(4)(d)(i)
 as 
prescribed; and
(iii)
after taking the controlled substance, the actor:
(A)
is not a danger to the actor or another individual; or
(B)
is capable of safely handling a dangerous weapon.
(3)
(5)
It is not a defense to prosecution under this section that the actor:
(a)
is licensed in the pursuit of wildlife of any kind;
 or
(b)
has a 
valid
concealed carry
 permit 
to carry a concealed firearm.
as described in 
Section 
53-5a-303
;
(c)
has a provisional concealed carry permit as described in Section 
53-5a-304
;
(d)
has a temporary concealed carry permit issued under Section 
53-5a-305
;
(e)
has a concealed carry permit lawfully issued by or in another state; or
(f)
is 21 years old or older and may otherwise lawfully possess a concealed loaded 
firearm without a concealed carry permit as described in Section 
53-5a-101.5
.
Section 113, Section 
76-11-218
, which is renumbered from Section 76-10-529 is renumbered 
and amended to read:
76-10-529
76-11-218
. Possession of a dangerous weapon in an airport secure 
area -- Reporting requirements.
(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
Terms 
defined in Sections 
76-1-101.5
, 
76-11-101
, and 
76-11-201
 apply to this section
.
(2)
(a)
Within a secure area of an airport established pursuant to this section, an actor, 
Except as provided in Subsection (4), an actor commits possession of a dangerous 
weapon in an airport secure area if the actor, 
including an actor 
licensed to carry a 
with a 
concealed firearm 
permit issued 
under 
Title 53, Chapter 5, Part 7, Concealed 
Firearm Act, is guilty of
Title 53, Chapter 5a, Part 3, Concealed Firearm Permits
:
(a)
intentionally or knowingly possesses a dangerous weapon within the secure area of 
an airport established under Subsection 
(5)
; or
(b)
recklessly or with criminal negligence possesses a dangerous weapon within the 
secure area of an airport established under Subsection (5).
(i)
a class A misdemeanor if the actor knowingly or intentionally possesses a firearm 
or other dangerous weapon;
(ii)
subject to Subsection (5), an infraction if the actor recklessly or with criminal 
negligence possesses a firearm or other dangerous weapon; or
(iii)
a violation of Section 
76-10-306
 if the actor transports, possesses, distributes, or 
sells an explosive, chemical, or incendiary device.
(b)
Subsection (2)(a) does not apply to:
(i)
individuals exempted under Section 
76-10-523
; and
(ii)
a member of the state or federal military forces while engaged in the 
performance of the member's official duties.
(3)
(a)
A violation of Subsection 
(2)
(a) is a class A misdemeanor.
(b)
Subject to Subsection 
(6)
, a violation of Subsection 
(2)(b)
 is an infraction.
(4)
Subsection 
(2)
 does not apply to:
(a)
an individual exempted from certain weapons laws as described in Section 
53-5a-108
; 
or
(b)
a member of the state or federal military forces while engaged in the performance of 
the member's official duties.
(3)
(5)
(a)
An airport authority, county, municipality, or other entity regulating an 
airport may:
(a)
(i)
establish a secure area located beyond the main area where the public 
generally buys tickets, checks and retrieves luggage; and
(b)
(ii)
use reasonable means, including mechanical, electronic, x-ray, or another 
device, to detect firearms, other dangerous weapons, or explosives concealed in 
baggage or upon the person of an individual attempting to enter the secure area.
(4)
(b)
At least one notice shall be prominently displayed at each entrance to a secure 
area in which a firearm, other dangerous weapon, or explosive is restricted.
(c)
An actor who transports, possesses, distributes, or sells an explosive, chemical, or 
incendiary device within the secure area of an airport commits a violation of Section 
76-10-306
.
(5)
(6)
(a)
An actor who violates Subsection 
(2)(a)(ii) 
(2)(b) 
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) 
(2)(b) 
on a second or subsequent 
offense may receive a written warning or a citation.
(6)
(7)
(a)
Except as provided in Subsection 
(6)(d)
(7)(d)
, 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)
(2)(b)
, 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)
temporarily surrender custody of 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, or the airport authority under 
Subsection 
(6)(d) 
(7)(d) 
prohibits the procedure described in Subsection 
(6)(a)(i)
(7)(a)(i)
, take temporary custody of the 
firearm or other 
dangerous weapon 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 takes temporary custody of a 
firearm or other 
dangerous weapon under Subsection 
(6)(a)
(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 three business days 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.
(c)
An unclaimed 
firearm or other 
dangerous weapon that is surrendered into the 
custody of a law enforcement agency under this Subsection 
(6) 
(7) 
may be disposed 
of pursuant to Section 
77-11d-105
, disposition of unclaimed property.
(d)
An airport authority may implement a policy that prohibits the law enforcement 
agency with jurisdiction over the airport from utilizing the procedure described in 
Subsection 
(6)(a)(i)
(7)(a)(i)
.
(7)
(8)
(a)
An actor's firearm that is confiscated based on a violation of Subsection 
(2)(a)(i) 
(2)(a) 
shall be returned to the actor in accordance with Subsection 
77-11a-402
(1)(b)
.
(b)
In accordance with Subsection 
77-11b-102
(5), a firearm seized under Subsection 
(2)(a)(i) 
(2)(a) 
is not subject to forfeiture if the actor 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.
(8)
(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)
(2)(b)
;
(b)
assess a civil penalty for conduct described in Subsection 
(2)(a)(i) or (ii)
(2)
; or
(c)
enact a regulation, ordinance, or law covering conduct described in Subsection (2).
(9)
(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 
53-25-103
.
Section 114, Section 
76-11-219
, which is renumbered from Section 76-10-530 is renumbered 
and amended to read:
76-10-530
76-11-219
. Trespass with a firearm in a house of worship or a 
private residence.
(1)
Terms defined in Sections 
76-1-101.5
, 
76-11-101
, and 
76-11-201
 apply to this section.
(1)
(2)
A person, including a person licensed to carry a concealed firearm pursuant to 
Title 53, Chapter 5, Part 7, Concealed Firearm Act
,
An actor is guilty of trespass with a 
firearm in a house of worship or a private residence if the actor:
(a)
 after notice 
has been given 
notice 
as 
provided
described
 in Subsection 
(2)
(4)
that firearms are prohibited
,
 in the house of worship or the private residence; and
(b)
 may not 
knowingly and intentionally:
(a)
(i)
transport
transports
 a firearm into
:
 the house of worship or private 
residence; or
(i)
a house of worship; or
(ii)
a private residence; or
(b)
(ii)
while in possession of a firearm, 
enter or remain in:
enters or remains in the 
house of worship or private residence.
(i)
a house of worship; or
(ii)
a private residence.
(3)
A violation of Subsection 
(2)
 is an infraction.
(2)
(4)
Notice that firearms are prohibited may be given by:
(a)
personal communication to the actor by:
(i)
the church or organization operating the house of worship;
(ii)
the owner, lessee, or person with lawful right of possession of the private 
residence; or
(iii)
a person with authority to act for the person or entity in Subsections 
(2)(a)(i)
(4)(a)(i)
 and 
(ii)
;
(b)
posting of signs reasonably likely to come to the attention of persons entering the 
house of worship or private residence;
(c)
announcement, by a person with authority to act for the church or organization 
operating the house of worship, in a regular congregational meeting in the house of 
worship;
(d)
publication in a bulletin, newsletter, worship program, or similar document generally 
circulated or available to the members of the congregation regularly meeting in the 
house of worship; or
(e)
publication:
(i)
in a newspaper of general circulation in the county in which the house of worship 
is located or the church or organization operating the house of worship has its 
principal office in this state; and
(ii)
as required in Section 
45-1-101
.
(3)
(5)
A church or organization operating a house of worship and giving notice that 
firearms are prohibited may:
(a)
revoke the notice, with or without supersedure, by giving further notice in any 
manner provided in Subsection 
(2)
(4)
; and
(b)
provide or allow exceptions to the prohibition as the church or organization 
considers advisable.
(4)
(6)
(a)
(i)
Within 30 days of giving or revoking any notice pursuant to Subsection 
(2)(c)
(4)(c)
, 
(d)
, or 
(e)
, a church or organization operating a house of worship 
shall notify the division on a form and in a manner as the division shall prescribe.
(ii)
The division shall post on its website a list of the churches and organizations 
operating houses of worship who have given notice under Subsection 
(4)(a)(i)
.
(6)(a)(i).
(b)
Any notice given pursuant to Subsection 
(2)(c)
(4)(c)
, 
(d)
, or 
(e)
 shall remain in 
effect until revoked or for a period of one year from the date the notice was originally 
given, whichever occurs first.
(5)
(7)
Nothing in this section permits 
This section does not permit 
an owner who has 
granted the lawful right of possession to a renter or lessee to restrict the renter or lessee 
from lawfully possessing a firearm in the residence.
(6)
A violation of this section is an infraction.
Section 115, Section 
76-11-220
 is enacted to read:
76-11-220
. Carrying a loaded firearm on a public street by an 18 to 20 year old.
(1)
Terms defined in Sections 
76-1-101.5
, 
76-11-101
, and 
76-11-201
 apply to this section.
(2)
An actor commits carrying a loaded firearm on a public street by an 18 to 20 year old if 
the actor:
(a)
is 18 years old or older but younger than 21 years old; and
(b)
carries a loaded firearm on a public street.
(3)
A violation of Subsection 
(2)
 is a class B misdemeanor.
(4)
This section does not apply if the actor has a provisional concealed carry permit issued 
under Section 
53-5a-305
.
Section 116, Section 
76-11-301
 is enacted to read:
3. Persons Restricted Regarding Dangerous Weapons 
76-11-301
. Definitions.
As used in this part:
(1)
"Adjudicated" means a judgment has been entered against a minor for an offense by a 
juvenile court under Section 
80-6-701
.
(2)
"Category I restricted person" means an individual described in Section 
76-11-302
.
(3)
"Category II restricted person" means an individual described in Section 
76-11-303
.
(4)
"Carry" means for an individual to have an item under the individual's custody or 
control.
(5)
"Controlled substance" means the same as that term is defined in Section 
58-37-2
.
(6)
(a)
"Dating relationship" means a romantic or intimate relationship between 
individuals.
(b)
"Dating relationship" does not include a casual acquaintanceship or ordinary 
fraternization in a business or social context.
(7)
"Dealer" means a person who is:
(a)
licensed under 18 U.S.C. Sec. 923; and
(b)
engaged in the business of selling, leasing, or otherwise transferring a firearm, 
whether the person is a retail or wholesale dealer, pawnbroker, or other type of 
merchant or seller.
(8)
"Domestic violence" means the same as that term is defined in Section 
77-36-1
.
(9)
"Intimate partner" means the same as that term is defined in 18 U.S.C. Sec. 921.
(10)
"Schedule I controlled substance" means a substance listed as a schedule I controlled 
substance in Section 
58-37-4
.
(11)
"Schedule II controlled substance" means a substance listed as a schedule II controlled 
substance in Section 
58-37-4
.
(12)
"Secure care" means the same as that term is defined in Section 
80-1-102
.
(13)
"Single criminal episode" means the same as that term is defined in Section 
76-1-401
.
Section 117, Section 
76-11-302
 is enacted to read:
76-11-302
. Category I restricted person established.
Except as provided in Section 
76-11-304
, Exceptions, limitations, and exclusions to 
restricted person categories, an individual is categorized as a category I restricted person and 
subject to the restrictions and penalties described in Section 
76-11-305
:
(1)
if the individual has been convicted of a violent felony;
(2)
if the individual is on probation or parole for a felony;
(3)
if the individual is on parole from secure care;
(4)
for 10 years after the day on which the individual was adjudicated for an offense which 
if committed by an adult would have been a violent felony;
(5)
if the individual is an alien who is illegally or unlawfully in the United States; or
(6)
if the individual 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
.
Section 118, Section 
76-11-303
 is enacted to read:
76-11-303
. Category II restricted person established.
Except as provided in Section 
76-11-304
, Exceptions, limitations, and exclusions to 
restricted person categories, an individual is categorized as a category II restricted person and 
subject to the restrictions and penalties described in Section 
76-11-306
:
(1)
if the individual has been convicted of:
(a)
a domestic violence offense that is a felony; or
(b)
multiple felonies that are not part of a single criminal episode;
(2)
if the individual has:
(a)
been convicted of:
(i)
a felony that is not a domestic violence offense or a violent felony; or
(ii)
multiple felonies that are part of a single criminal episode and are not domestic 
violence offenses or violent felonies; and
(b)
within seven years after completing the sentence for the conviction described in 
Subsection (2)(a), been convicted of, or charged with, another felony or class A 
misdemeanor;
(3)
for seven years after the day on which the individual completes a sentence for:
(a)
a conviction for a felony that is not a domestic violence offense or a violent felony; or
(b)
convictions for multiple felonies that are part of a single criminal episode and are not 
domestic violence offenses or violent felonies;
(4)
for seven years after the day on which the individual was an adjudicated delinquent for 
an offense which if committed by an adult would have been a felony;
(5)
if the individual is an unlawful user of a controlled substance;
(6)
if the individual is in possession of a dangerous weapon while knowingly and 
intentionally being in unlawful possession of a schedule I controlled substance or a 
schedule II controlled substance;
(7)
if the individual has been found not guilty by reason of insanity for a felony offense;
(8)
if the individual has been found mentally incompetent to stand trial for a felony offense;
(9)
if the individual 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 
having been committed to a mental institution;
(10)
if the individual has been dishonorably discharged from the armed forces;
(11)
if the individual has renounced the individual's citizenship after having been a citizen 
of the United States;
(12)
if the individual is a respondent or defendant subject to a protective order or child 
protective order that:
(a)
is issued after a hearing for which the individual received actual notice and at which 
the individual had an opportunity to participate;
(b)
restrains the individual from harassing, stalking, threatening, or engaging in other 
conduct that would place an intimate partner, 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)
(i)
includes a finding that the individual represents a credible threat to the physical 
safety of an intimate partner or the child of the intimate partner; or
(ii)
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
(13)
except as provided in Subsection 
76-11-304(2)
, if the individual 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 a victim:
(a)
who is a current or former spouse, parent, or guardian of the individual;
(b)
with whom the individual shares a child in common;
(c)
who is cohabitating or has cohabitated with the individual as a spouse, parent, or 
guardian;
(d)
involved in a dating relationship with the individual within the last five years; or
(e)
similarly situated to a spouse, parent, or guardian of the individual.
Section 119, Section 
76-11-304
 is enacted to read:
76-11-304
. Exceptions, limitations, and exclusions to restricted person categories 
-- Burden on defendant to prove exception.
(1)
(a)
Subject to Subsection 
(1)(c)
, an individual convicted of a felony, or adjudicated 
for an offense which would be a felony if committed by an adult, is not a category I 
restricted person, or a category II restricted person, if:
(i)
the felony or adjudication has, in accordance with the law of the jurisdiction in 
which the conviction or adjudication occurred, been:
(A)
expunged;
(B)
set aside;
(C)
reduced to a misdemeanor by court order; or
(D)
pardoned;
(ii)
the individual has had the individual's civil rights that had been limited by the 
conviction or adjudication restored in accordance with the law of the jurisdiction 
in which the conviction or adjudication occurred; or
(iii)
the felony or adjudication is 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.
(b)
Subject to Subsection 
(1)(c)
, an individual convicted of a misdemeanor assault under 
Subsection 
76-11-303(13)
 that qualifies to make the individual a category II 
restricted person is otherwise not a category II restricted person, if, in accordance 
with the law of the jurisdiction in which the conviction occurred:
(i)
the misdemeanor has been:
(A)
expunged;
(B)
set aside;
(C)
reduced to an infraction by court order; or
(D)
pardoned; or
(ii)
the individual has had the individual's civil rights that had been limited by the 
conviction restored.
(c)
An individual who has received a pardon, reduction, expungement, setting aside, or 
restoration of civil rights as described in Subsection 
(1)(a)
 or (b) remains a category I 
or category II restricted person that corresponds with the individual's conviction if the 
pardon, reduction, expungement, setting aside, or restoration of civil rights expressly 
provides that the person may not ship, transport, possess, or receive firearms.
(2)
An individual is not a category II restricted person resulting from a conviction for a 
misdemeanor assault committed against an individual involved in a dating relationship 
as described in Subsection 
76-11-303(13)(d)
 if:
(a)
five years have elapsed from the later of:
(i)
the day on which the conviction is entered;
(ii)
the day on which the individual is released from incarceration following the 
conviction; or
(iii)
the day on which the individual's probation for the conviction is successfully 
terminated;
(b)
the individual only has a single conviction for misdemeanor assault as described in 
Subsection 
76-11-303(12)(d)
; and
(c)
the individual is not otherwise a category I restricted person or a category II 
restricted person.
(3)
(a)
In a criminal case brought against the defendant in which the question of whether 
the defendant meets an exception, limitation, or exclusion under this section arises 
and therefore makes the defendant not a category I or category II restricted person, 
the defendant has the burden to provide evidence that an exception, limitation, or 
exclusion described in Subsection (1) or (2) applies.
(b)
If the defendant satisfies the defendant's burden to provide evidence described in 
Subsection (3)(a), the burden shifts to the state to prove beyond a reasonable doubt 
that the defendant's conviction or adjudication is not subject to an exception, 
limitation, or exclusion described in Subsection 
(1)
 or (2).
Section 120, Section 
76-11-305
 is enacted to read:
76-11-305
. Category I restricted person participating in prohibited dangerous 
weapon conduct.
(1)
Terms defined in Sections 
76-1-101.5
, 
76-11-101
, and 
76-11-301
 apply to this section.
(2)
An actor commits category I restricted person participating in prohibited dangerous 
weapon conduct if the actor:
(a)
is a category I restricted person; and
(b)
intentionally or knowingly:
(i)
agrees, consents, offers, or arranges to:
(A)
purchase a dangerous weapon;
(B)
transfer a dangerous weapon;
(C)
use a dangerous weapon; or
(D)
carry or otherwise possess a dangerous weapon; or
(ii)
purchases, transfers, uses, carries, or otherwise possesses a dangerous weapon.
(3)
(a)
A violation of Subsection (2) is a third degree felony if the dangerous weapon is 
not a firearm.
(b)
A violation of Subsection (2) is a second degree felony if the dangerous weapon is a 
firearm.
(4)
For purposes of this section, using a dangerous weapon includes using an antique 
firearm for an activity regulated under Title 23A, Wildlife Resources Act.
(5)
It is an affirmative defense to a prosecution for transferring a dangerous weapon by an 
actor under Subsection 
(2)
 that the dangerous weapon:
(a)
was possessed by the actor or was under the actor's custody or control before the 
actor became a restricted person;
(b)
was not used in or possessed during the commission of a crime or subject to 
disposition under Title 77, Chapter 11a, Part 4, Disposal of Seized Property and 
Contraband;
(c)
is not being held as evidence by a court or law enforcement agency;
(d)
was transferred to an individual not legally prohibited from possessing the weapon; 
and
(e)
unless a different time is ordered by the court, was transferred within 10 days after 
the day on which the actor became a restricted person.
(6)
(a)
It is not a violation of this section for an actor who is a category I restricted person 
to own, carry, or otherwise possess, archery equipment, including crossbows, for the 
purpose of lawful hunting and lawful target shooting.
(b)
Notwithstanding Subsection 
(6)(a)
, this section applies if the owning, carrying, or 
otherwise possessing archery equipment, including crossbows, is prohibited by:
(i)
a court, as a condition of pre-trial release or probation; or
(ii)
the Board of Pardons and Parole, as a condition of parole.
Section 121, Section 
76-11-306
 is enacted to read:
76-11-306
. Category II restricted person participating in prohibited dangerous 
weapon conduct.
(1)
Terms defined in Sections 
76-1-101.5
, 
76-11-101
, and 
76-11-301
 apply to this section.
(2)
An actor commits category II restricted person participating in prohibited dangerous 
weapon conduct if the actor:
(a)
is a category II restricted person; and
(b)
intentionally or knowingly:
(i)
purchases a dangerous weapon;
(ii)
transfers a dangerous weapon;
(iii)
uses a dangerous weapon; or
(iv)
carries or otherwise possesses a dangerous weapon.
(3)
(a)
A violation of Subsection (2) is a class A misdemeanor if the dangerous weapon is 
not a firearm.
(b)
A violation of Subsection (2) is a third degree felony if the dangerous weapon is a 
firearm.
(4)
For purposes of this section using a dangerous weapon includes using an antique 
firearm for an activity regulated under Title 23A, Wildlife Resources Act.
(5)
It is an affirmative defense to:
(a)
a prosecution under this section that is based on proving that an actor is a category II 
restricted person as a result of being in possession of a dangerous weapon while 
knowingly and intentionally being in unlawful possession of a schedule I controlled 
substance or a schedule II controlled substance as described in Subsection 
76-11-303(6)
 that the actor was:
(i)
in possession of the 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
(ii)
otherwise authorized by law to possess the controlled substance; and
(b)
a prosecution for transferring a dangerous weapon by an actor under Subsection (2) 
that the dangerous weapon:
(i)
was possessed by the actor or was under the actor's custody or control before the 
actor became a restricted person;
(ii)
was not used in or possessed during the commission of a crime or subject to 
disposition under 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 an individual not legally prohibited from possessing the 
weapon; and
(v)
unless a different time is ordered by the court, was transferred within 10 days 
after the day on which the actor became a restricted person.
(6)
(a)
It is not a violation of this section for an actor who is a category II restricted 
person to own, carry, or otherwise possess, archery equipment, including crossbows, 
for the purpose of lawful hunting and lawful target shooting.
(b)
Notwithstanding Subsection (6)(a), this section applies if the owning, carrying, or 
otherwise possessing of archery equipment, including crossbows, is prohibited by:
(i)
a court, as a condition of pre-trial release or probation; or
(ii)
the Board of Pardons and Parole, as a condition of parole.
Section 122, Section 
76-11-307
 is enacted to read:
76-11-307
. Selling a dangerous weapon to a category I restricted person.
(1)
Terms defined in Sections 
76-1-101.5
, 
76-11-101
, and 
76-11-301
 apply to this section.
(2)
An actor commits selling a dangerous weapon to a category I restricted person if the 
actor:
(a)
sells, transfers, or otherwise provides a dangerous weapon to an individual who is a 
category I restricted person; and
(b)
knows the individual that the actor has sold, transferred, or provided the dangerous 
weapon to is a category I restricted person.
(3)
(a)
A violation of Subsection (2) is a second degree felony if the dangerous weapon 
sold, transferred, or provided is a firearm.
(b)
A violation of Subsection 
(2)
 is a third degree felony if the dangerous weapon sold, 
transferred, or provided is not a firearm and the actor knew that the recipient intended 
to use the dangerous weapon for an unlawful purpose.
Section 123, Section 
76-11-308
 is enacted to read:
76-11-308
. Selling a dangerous weapon to a category II restricted person.
(1)
Terms defined in Sections 
76-1-101.5
, 
76-11-101
, and 
76-11-301
 apply to this section.
(2)
An actor commits selling a dangerous weapon to a category II restricted person if the 
actor:
(a)
sells, transfers, or otherwise provides a dangerous weapon to an individual who is a 
category II restricted person; and
(b)
knows the individual that the actor has sold, transferred, or provided the dangerous 
weapon to is a category II restricted person.
(3)
(a)
A violation of Subsection (2) is a third degree felony if the dangerous weapon 
sold, transferred, or provided is a firearm.
(b)
A violation of Subsection 
(2)
 is a class A misdemeanor if the dangerous weapon 
sold, transferred, or provided is not a firearm and the actor knew that the recipient 
intended to use the dangerous weapon for an unlawful purpose.
Section 124, Section 
76-11-309
, which is renumbered from Section 76-10-503.1 is renumbered 
and amended to read:
76-10-503.1
76-11-309
. Firearm restriction notification requirement for 
restricted persons.
(1)
As used in this section:
(a)
"Peace officer" means an officer described Section 
53-13-102
.
(b)
"Possess" means actual physical possession, actual or purported ownership, or 
exercising control of an item.
(c)
(b)
"Restricted person" means an individual who is restricted from 
possessing, 
purchasing, transferring, 
or owning
using, or otherwise possessing
 a firearm under 
Section 
76-10-503
76-11-302
 or 
76-11-303
 or federal law
.
(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
purchase, transfer, use, or otherwise 
possess
 a firearm; and
(iii)
of the criminal penalties associated with 
possession of
purchasing, transferring, 
using, or otherwise possessing
 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
in the defendant's possession
; and
(iii)
will be in violation of federal and state law if the defendant 
purchases, transfers, 
uses, or otherwise 
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 
purchase, transfer, use, or 
otherwise 
possess a firearm; and
(iii)
of the criminal penalties associated with 
possession of
purchasing, transferring, 
using, or otherwise possessing
 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 
purchases, transfers, 
uses, or otherwise 
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, if a 
peace officer is serving the protective order, the peace officer:
(i)
that the individual is a restricted person;
(ii)
that, as a restricted person, the individual may not 
purchase, transfer, use, or 
otherwise 
possess a firearm; and
(iii)
of the criminal penalties associated with 
possession of 
purchasing, transferring, 
using, or otherwise possessing 
a firearm by a restricted person of the individual's 
category; and
(b)
sign, in the presence of the court or, if a peace officer serves the protective order, in 
the presence of the peace officer, an acknowledgment contained within the protective 
order document attesting that the individual acknowledges and understands that the 
individual:
(i)
is a restricted person;
(ii)
is required to relinquish possession of each firearm
 in the individual's possession
;
(iii)
will be in violation of federal and state law if the individual 
purchases, transfers, 
uses, or otherwise 
possesses a firearm; and
(iv)
may be eligible for an affirmative defense to a state-law prosecution for 
possession of
transferring
 a firearm under Section 
76-10-503
76-11-305
 or 
76-11-306
 if the individual lawfully transfers the individual's firearms within 10 
days 
of becoming
after the day on which the individual became
 a restricted 
person.
Section 125, Section 
76-11-310
, which is renumbered from Section 76-10-532 is renumbered 
and amended to read:
76-10-532
76-11-310
. Removal from National Instant Check System database 
for certain category II restricted persons.
(1)
A person
An individual
 who is subject to the restrictions in Subsection 
76-10-503(1)(b)(vi)
, 
(vii)
, or 
(viii)
76-11-303(7)
, (8), or (9)
, or 18 U.S.C. 922(d)(4) and 
(g)(4) based on a commitment, finding, or adjudication that occurred in this state may 
petition the district court in the county in which the commitment, finding, or 
adjudication occurred to remove the disability imposed.
(2)
The petition shall be filed in the district court in the county where the commitment, 
finding, or adjudication occurred
. The petition
 and
 shall include:
(a)
a listing of facilities, with their addresses, where the petitioner has ever received 
mental health treatment;
(b)
a release signed by the petitioner to allow the prosecutor or county attorney to obtain 
the petitioner's mental health records;
(c)
a verified report of a mental health evaluation conducted by a licensed psychiatrist 
occurring within 30 days prior to the filing of the petition, which shall include a 
statement regarding:
(i)
the nature of the commitment, finding, or adjudication that resulted in the 
restriction on the petitioner's ability to purchase or possess a dangerous weapon;
(ii)
the petitioner's previous and current mental health treatment;
(iii)
the petitioner's previous violent behavior, if any;
(iv)
the petitioner's current mental health medications and medication management;
(v)
the length of time the petitioner has been stable;
(vi)
external factors that may influence the petitioner's stability;
(vii)
the ability of the petitioner to maintain stability with or without medication; and
(viii)
whether the petitioner is dangerous to public safety; and
(d)
a copy of the petitioner's state and federal criminal history record.
(3)
The petitioner shall serve the petition on the prosecuting entity that prosecuted the case 
or, if the disability is not based on a criminal case, on the county or district attorney's 
office having jurisdiction where the petition was filed and the individual who filed the 
original action which resulted in the disability.
(4)
(a)
The court shall schedule a hearing as soon as practicable
. The
 in which the
petitioner may present evidence and subpoena witnesses to appear at the hearing.
(b)
The prosecuting, county attorney, or the individual who filed the original action 
which resulted in the disability may object to the petition and present evidence in 
support of the objection.
(5)
The court shall consider the following evidence:
(a)
the facts and circumstances that resulted in the commitment, finding, or adjudication;
(b)
the 
person's
petitioner's
 mental health and criminal history records; and
(c)
the 
person's
petitioner's
 reputation, including the testimony of character witnesses.
(6)
The court shall grant the relief if the court finds by clear and convincing evidence that:
(a)
the 
person
petitioner
 is not a danger to the 
person
petitioner
 or to 
others
another 
individual
;
(b)
the 
person
petitioner
 is not likely to act in a manner dangerous to public safety; and
(c)
the requested relief would not be contrary to the public interest.
(7)
The court shall issue an order with its findings and send a copy to the bureau.
(8)
(a)
The bureau, upon receipt of a court order removing 
a person's
a petitioner's
disability under Subsection 
76-10-503(1)(b)(viii)
, 
76-11-303(9)
, 
shall send a copy 
of the court order to the National Instant Check System requesting removal of the 
person's
petitioner's
 name from the database.
(b)
In addition
 to the action described in Subsection 
(8)(a)
, if the 
person
petitioner
 is 
listed in a state database utilized by the bureau to determine eligibility for the 
purchase or possession of a firearm or to obtain a concealed firearm permit
 under 
Title 53, Chapter 5a, Part 3, Concealed Firearm Permits
, the bureau shall remove the 
petitioner's name or send a copy of the court's order to the agency responsible for the 
database for removal of the petitioner's name.
(9)
If the court denies the petition, the petitioner may not petition again for relief until at 
least two years after the date of the court's final order.
(10)
The petitioner may appeal a denial of the requested relief
. The
 and the
 review on 
appeal shall be de novo.
Section 126, Section 
77-11a-402
 is amended to read:
77-11a-402
. Disposition of seized property and contraband -- Return of seized 
property.
(1)
(a)
Except as provided in Subsection (1)(b), if a prosecuting attorney determines that 
seized property no longer needs to be retained as evidence under Chapter 11c, 
Retention of Evidence, the prosecuting attorney may:
(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;
(ii)
petition the court for an order transferring ownership of weapons to the agency 
with custody for the agency's use and disposal in accordance with Section 
77-11a-403
 if the owner:
(A)
is the individual who committed the offense for which the weapon was seized; 
or
(B)
may not lawfully possess the weapon; or
(iii)
notify the agency with custody of the property or contraband that:
(A)
the property may be returned to the owner in accordance with Section 
77-11a-301
 if the owner may lawfully possess the property; or
(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 Subsection 
76-10-529
(2)(a)(i)
76-11-218(2)(a)
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)
Before returning a firearm to an individual, the agency returning the firearm shall 
confirm, through the Bureau of Criminal Identification, that the individual is eligible to 
lawfully possess and receive firearms.
(3)
(a)
Except as provided in Subsection (3)(b), if the agency is unable to locate the 
owner of the property or the 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 (3)(a) is a firearm, the agency shall dispose of 
the firearm in accordance with Section 
77-11a-403
.
(4)
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.
(5)
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 127, Section 
77-11a-403
 is amended to read:
77-11a-403
. Disposition of firearms no longer needed as evidence.
(1)
As used in this section:
(a)
"Confiscated or unclaimed firearm" means a firearm that is subject to disposal by an 
agency under Section 
53-5c-202
53-5a-503
 or 
77-11a-402
.
(b)
"Department" means the Department of Public Safety created in Section 
53-1-103
.
(c)
"Federally licensed firearms dealer" means a person:
(i)
licensed as a dealer under 18 U.S.C. Sec. 923; and
(ii)
engaged in the business of selling firearms.
(d)
"State-approved dealer" means the federally licensed firearms dealer that contracts 
with the department under Subsection 
(4)
.
(2)
An agency shall dispose of a confiscated or unclaimed firearm by:
(a)
selling or destroying the confiscated or unclaimed firearm in accordance with 
Subsection 
(3)
;
(b)
giving the confiscated or unclaimed firearm to the state-approved dealer to sell or 
destroy in accordance with Subsection 
(4)
 and the agreement between the 
state-approved dealer and the department; or
(c)
after the agency obtains approval from the legislative body of the agency's 
jurisdiction, transferring the confiscated or unclaimed firearm to the Bureau of 
Forensic Services, created in Section 
53-10-401
, or another public forensic laboratory 
for testing.
(3)
(a)
An agency that elects to dispose of a confiscated or unclaimed firearm under 
Subsection 
(2)(a)
 shall:
(i)
sell the confiscated or unclaimed firearm to a federally licensed firearms dealer 
and apply the proceeds from the sale to a public interest use; or
(ii)
destroy the firearm, if the agency determines that:
(A)
the condition of a confiscated or unclaimed firearm makes the firearm unfit 
for sale; or
(B)
the confiscated or unclaimed firearm is associated with a notorious crime.
(b)
Before an agency applies the proceeds of a sale of a confiscated or unclaimed firearm 
to a public interest use, the agency shall obtain from the legislative body of the 
agency's jurisdiction:
(i)
permission to apply the proceeds of the sale to a public interest use; and
(ii)
the designation and approval of the public interest use to which the agency 
applies the proceeds.
(4)
(a)
(i)
The department shall, in accordance with 
Title 63G, Chapter 6a, Utah 
Procurement Code
, contract with a federally licensed firearms dealer to sell or 
destroy all confiscated or unclaimed firearms in the state.
(ii)
The term of an agreement executed in accordance with this Subsection 
(4)
 may 
not exceed five years.
(iii)
Nothing in this Subsection 
(4)
 prevents the department from contracting with the 
same federally licensed firearms dealer more than once.
(b)
An agreement executed in accordance with Subsection 
(4)(a)
 shall:
(i)
address the amount of money that the federally licensed firearms dealer is entitled 
to retain from the sale of each confiscated or unclaimed firearm as compensation 
for the federally licensed firearms dealer's performance under the agreement;
(ii)
require the federally licensed firearms dealer to donate, on behalf of the state, all 
proceeds from the sale of a confiscated or unclaimed firearm, except the amount 
described in Subsection 
(4)(b)(i)
, to an organization that:
(A)
is exempt from taxation under Section 501(c)(3), Internal Revenue Code;
(B)
complies with any applicable licensing or registration requirements in the state;
(C)
primarily helps the families of law enforcement officers in the state who die in 
the line of duty;
(D)
gives financial assistance to the families of law enforcement officers in the 
state who die in the line of duty; and
(E)
provides other assistance to children of active law enforcement officers, 
including scholarships;
(iii)
state that if the federally licensed firearms dealer determines that the condition of 
a confiscated or unclaimed firearm makes the firearm unfit for sale, the federally 
licensed firearms dealer shall destroy the firearm; and
(iv)
provide a procedure by which the department can ensure that the federally 
licensed firearms dealer complies with the provisions of the agreement and 
applicable law.
Section 128, Section 
77-11b-102
 is amended to read:
77-11b-102
. Property subject to forfeiture.
(1)
(a)
Except as provided in Subsection 
(2)
, 
(3)
, 
(4)
, or 
(5)
, an agency may seek to 
forfeit:
(i)
seized property that was used to facilitate the commission of an offense that is a 
violation of federal or state law; or
(ii)
seized proceeds.
(b)
An agency, or the prosecuting attorney, may not forfeit the seized property of an 
innocent owner or an interest holder.
(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-520.1
;
(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 Subsection 
(3)(b)(i)
:
(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 Subsection 
(3)(b)(i)
.
(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
76-11-218
, an agency may not seek to forfeit the individual's firearm if the 
individual may lawfully possess the firearm.
Section 129, Section 
77-11d-101
 is amended to read:
77-11d-101
. Definitions.
As used in this chapter:
(1)
"Interest holder" means the same as that term is defined in Section 
77-11a-101
.
(2)
(a)
"Lost or mislaid property":
(i)
means any property that comes into the possession of a peace officer or law 
enforcement agency:
(A)
that is not claimed by anyone who is identified as the owner of the property; or
(B)
for which no owner or interest holder can be found after a reasonable and 
diligent search;
(ii)
includes any property received by a peace officer or law enforcement agency 
from a person claiming to have found the property; and
(iii)
does not include property seized by a peace officer in accordance with Chapter 
11a, Seizure of Property and Contraband.
(b)
"Lost or mislaid property" includes a firearm or other dangerous weapon received by 
a law enforcement agency at an airport under Subsection 
76-10-529
(6)
76-11-218(7)
.
(3)
"Owner" means the same as that term is defined in Section 
77-11a-101
.
(4)
"Public interest use" means:
(a)
use by a governmental agency as determined by the agency's legislative body; or
(b)
donation to a nonprofit charity registered with the state.
Section 130, Section 
77-11d-105
 is amended to read:
77-11d-105
. Disposition of unclaimed property.
(1)
(a)
Except as provided in Subsection (6), if the owner of any lost or mislaid property 
cannot be determined or notified, or if the owner of the property is determined and 
notified, and fails to appear and claim the property after three months of the 
property's receipt by the local law enforcement agency, the agency shall:
(i)
publish notice of the intent to dispose of the unclaimed property on Utah's Public 
Legal Notice Website established in Subsection 
45-1-101
(2)(b);
(ii)
post a similar notice on the public website of the political subdivision within 
which the law enforcement agency is located; and
(iii)
post a similar notice in a public place designated for notice within the law 
enforcement agency.
(b)
The notice shall:
(i)
give a general description of the item; and
(ii)
the date of intended disposition.
(c)
The agency may not dispose of the lost or mislaid property until at least eight days 
after the date of publication and posting.
(2)
(a)
If no claim is made for the lost or mislaid property within nine days of publication 
and posting, the agency shall notify the person who turned the property over to the 
local law enforcement agency, if it was turned over by a person under Section 
77-11d-103
.
(b)
Except as provided in Subsection (4), if that person has complied with the provisions 
of this chapter, the person may take the lost or mislaid property if the person:
(i)
pays the costs incurred for advertising and storage; and
(ii)
signs a receipt for the item.
(3)
If the person who found the lost or mislaid property fails to take the property under the 
provisions of this chapter, the agency shall:
(a)
apply the property to a public interest use as provided in Subsection (4);
(b)
sell the property at public auction and apply the proceeds of the sale to a public 
interest use; or
(c)
destroy the property if it is unfit for a public interest use or sale.
(4)
(a)
Before applying the lost or mislaid property to a public interest use, the agency 
having possession of the property shall obtain from the agency's legislative body:
(i)
permission to apply the property to a public interest use; and
(ii)
the designation and approval of the public interest use of the property.
(b)
If the agency is a private law enforcement agency as defined in Subsection 
53-19-102
(4), the agency may apply the lost or mislaid property to a public interest use as 
provided in Subsection (4)(a) after obtaining the permission, designation, and 
approval of the legislative body of the municipality in which the agency is located.
(5)
Any person employed by a law enforcement agency who finds property may not claim 
or receive property under this section.
(6)
(a)
If the lost or mislaid property is a firearm or other dangerous weapon received by 
a law enforcement agency under Subsection 
76-10-529
(6)
76-11-218(7)
, the law 
enforcement agency may dispose of the firearm or other dangerous weapon three 
months after the property's receipt by the law enforcement agency if the owner of the 
firearm or other dangerous weapon, or the owner's agent:
(i)
fails to retrieve the firearm or other dangerous weapon; or
(ii)
is legally prohibited from possessing the firearm or other dangerous weapon.
(b)
A law enforcement agency may dispose of a firearm under Subsection (6)(a) by 
following the procedures described in Section 
77-11a-403
, disposition of firearms no 
longer needed as evidence.
Section 131, Section 
77-36-1
 is amended to read:
77-36-1
. Definitions.
As used in this chapter:
(1)
"Cohabitant" means the same as that term is defined in Section 
78B-7-102
.
(2)
"Department" means the Department of Public Safety.
(3)
"Divorced" means an individual who has obtained a divorce under Title 81, Chapter 4, 
Part 4, Divorce.
(4)
(a)
"Domestic violence" or "domestic violence offense" means any criminal offense 
involving violence or physical harm or threat of violence or physical harm, or any 
attempt, conspiracy, or solicitation to commit a criminal offense involving violence 
or physical harm, when committed by one cohabitant against another.
(b)
"Domestic violence" or "domestic violence offense" includes the commission of or 
attempt to commit, any of the following offenses by one cohabitant against another:
(i)
aggravated assault under Section 
76-5-103
;
(ii)
aggravated cruelty to an animal under Subsection 
76-9-301
(4), with the intent to 
harass or threaten the other cohabitant;
(iii)
assault under Section 
76-5-102
;
(iv)
criminal homicide under Section 
76-5-201
;
(v)
harassment under Section 
76-5-106
;
(vi)
electronic communication harassment under Section 
76-9-201
;
(vii)
kidnapping, child kidnapping, or aggravated kidnapping under Sections 
76-5-301
, 
76-5-301.1
, and 
76-5-302
;
(viii)
mayhem under Section 
76-5-105
;
(ix)
propelling a bodily substance or material, as described in Section 
76-5-102.9
(x)
sexual offenses under Title 76, Chapter 5, Part 4, Sexual Offenses, and 
sexual 
exploitation of a minor and aggravated sexual exploitation of a minor, as 
described in Sections 
76-5b-201
 and 
76-5b-201.1
;
(xi)
stalking under Section 
76-5-106.5
;
(xii)
unlawful detention and unlawful detention of a minor under Section 
76-5-304
;
(xiii)
violation of a protective order or ex parte protective order under Section 
76-5-108
;
(xiv)
an offense against property under Title 76, Chapter 6, Part 1, Property 
Destruction, Title 76, Chapter 6, Part 2, Burglary and Criminal Trespass, or Title 
76, Chapter 6, Part 3, Robbery;
(xv)
possession of a deadly weapon with criminal intent under Section 
76-10-507
;
(xvi)
discharge of a firearm from a vehicle, near a highway, or in the direction of any 
person, building, or vehicle under Section 
76-10-508
;
(xvii)
(xv)
disorderly conduct under Section 
76-9-102
, if a conviction or 
adjudication of disorderly conduct is the result of a plea agreement in which the 
perpetrator was originally charged with a domestic violence offense otherwise 
described in this Subsection (4), except that a conviction or adjudication of 
disorderly conduct as a domestic violence offense, in the manner described in this 
Subsection 
(4)(p)
(4)(b)(xv)
, does not constitute a misdemeanor crime of 
domestic violence under 18 U.S.C. Sec. 921, and is exempt from the federal 
Firearms Act, 18 U.S.C. Sec. 921 et seq.;
(xviii)
(xvi)
child abuse under Section 
76-5-114
;
(xix)
threatening use of a dangerous weapon under Section 
76-10-506
;
(xx)
(xvii)
threatening violence under Section 
76-5-107
;
(xxi)
(xviii)
tampering with a witness under Section 
76-8-508
;
(xxii)
(xix)
retaliation against a witness, victim, or informant under Section 
76-8-508.3
;
(xxiii)
(xx)
receiving or soliciting a bribe as a witness under Section 
76-8-508.7
;
(xxiv)
(xxi)
unlawful distribution of an intimate image under Section 
76-5b-203
;
(xxv)
(xxii)
unlawful distribution of a counterfeit intimate image under Section 
76-5b-205
;
(xxvi)
(xxiii)
sexual battery under Section 
76-9-702.1
;
(xxvii)
(xxiv)
voyeurism under Section 
76-9-702.7
;
(xxviii)
(xxv)
damage to or interruption of a communication device under Section 
76-6-108
;
 or
(xxvi)
threatening with or using a dangerous weapon in a fight or quarrel under 
Section 
76-11-207
;
(xxvii)
possession of a dangerous weapon with criminal intent under Section 
76-11-208
;
(xxviii)
improper discharging of a dangerous weapon under Section 
76-11-209
; or
(xxix)
an offense under Subsection 
78B-7-806
(1).
(5)
"Jail release agreement" means the same as that term is defined in Section 
78B-7-801
.
(6)
"Jail release court order" means the same as that term is defined in Section 
78B-7-801
.
(7)
"Marital status" means married and living together, divorced, separated, or not married.
(8)
"Married and living together" means a couple whose marriage was solemnized under 
Section 
81-2-305
 or 
81-2-407
 and who are living in the same residence.
(9)
"Not married" means any living arrangement other than married and living together, 
divorced, or separated.
(10)
"Protective order" includes an order issued under Subsection 
78B-7-804
(3).
(11)
"Pretrial protective order" means a written order:
(a)
specifying and limiting the contact a person who has been charged with a domestic 
violence offense may have with an alleged victim or other specified individuals; and
(b)
specifying other conditions of release under Section 
78B-7-802
 or 
78B-7-803
, 
pending trial in the criminal case.
(12)
"Sentencing protective order" means a written order of the court as part of sentencing 
in a domestic violence case that limits the contact an individual who is convicted or 
adjudicated of a domestic violence offense may have with a victim or other specified 
individuals under Section 
78B-7-804
.
(13)
"Separated" means a couple who have had their marriage solemnized under Section 
81-2-305
 or 
81-2-407
 and who are not living in the same residence.
(14)
"Victim" means a cohabitant who has been subjected to domestic violence.
Section 132, Section 
77-36-2.1
 is amended to read:
77-36-2.1
. Duties of law enforcement officers -- Notice to victims -- Lethality 
assessments.
(1)
As used in this section:
)
(a)
"Criminal justice system victim advocate" means the same as that term is defined in 
Section 
77-38-403
.
(b)
(i)
"Dating relationship" means a social relationship of a romantic or intimate 
nature, or a relationship which has romance or intimacy as a goal by one or both 
parties, regardless of whether the relationship involves sexual intimacy.
(ii)
"Dating relationship" does not include casual fraternization in a business, 
educational, or social context.
(c)
"Intimate partner" means an emancipated individual under Section 
15-2-1
 or an 
individual who is 16 years old or older who:
(i)
is or was a spouse of the other party;
(ii)
is or was living as if a spouse of the other party;
(iii)
has or had one or more children in common with the other party;
(iv)
is the biological parent of the other party's unborn child;
(v)
is or was in a consensual sexual relationship with the other party; or
(vi)
is or was in a dating relationship with the other party.
(d)
"Nongovernment organization victim advocate" means the same as that term is 
defined in Section 
77-38-403
.
(e)
"Primary purpose domestic violence organization" means a contract provider of 
domestic violence services as described in Section 
80-2-301
.
(2)
A law enforcement officer who responds to an allegation of domestic violence shall:
(a)
use all reasonable means to protect the victim and prevent further violence, including:
(i)
taking the action that, in the officer's discretion, is reasonably necessary to provide 
for the safety of the victim and any family or household member;
(ii)
confiscating the weapon or weapons involved in the alleged domestic violence;
(iii)
making arrangements for the victim and any child to obtain emergency housing 
or shelter;
(iv)
providing protection while the victim removes essential personal effects;
(v)
arrange, facilitate, or provide for the victim and any child to obtain medical 
treatment; 
(vi)
arrange, facilitate, or provide the victim with immediate and adequate notice of 
the rights of victims and of the remedies and services available to victims of 
domestic violence, in accordance with Subsection (3); and
(vii)
providing the pamphlet created by the department under Section 
53-5c-201
53-5a-502
 to the victim if the allegation of domestic violence:
(A)
includes a threat of violence as described in Section 
76-5-107
;
(B)
results, or would result, in the owner cohabitant becoming a restricted person 
under Section 
76-10-503
76-11-302
 or 
76-11-303
; or
(C)
is accompanied by a completed lethality assessment that demonstrates the 
cohabitant is at high risk of being further victimized; and
(b)
if the allegation of domestic violence is against an intimate partner, complete the 
lethality assessment protocols described in this section.
(3)
(a)
A law enforcement officer shall give written notice to the victim in simple 
language, describing the rights and remedies available under this chapter, Title 78B, 
Chapter 7, Part 6, Cohabitant Abuse Protective Orders, and Title 78B, Chapter 7, Part 
2, Child Protective Orders.
(b)
The written notice shall include:
(i)
a statement that the forms needed in order to obtain an order for protection are 
available from the court clerk's office in the judicial district where the victim 
resides or is temporarily domiciled;
(ii)
a list of shelters, services, and resources available in the appropriate community, 
together with telephone numbers, to assist the victim in accessing any needed 
assistance; and
(iii)
the information required to be provided to both parties in accordance with 
Subsections 
78B-7-802
(8) and (9) .
(4)
If a weapon is confiscated under this section, the law enforcement agency shall return 
the weapon to the individual from whom the weapon is confiscated if a domestic 
violence protective order is not issued or once the domestic violence protective order is 
terminated.
(5)
A law enforcement officer shall complete a lethality assessment form by asking the 
victim:
(a)
if the aggressor has ever used a weapon against the victim or threatened the victim 
with a weapon;
(b)
if the aggressor has ever threatened to kill the victim or the victim's children;
(c)
if the victim believes the aggressor will try to kill the victim;
(d)
if the aggressor has ever tried to choke the victim;
(e)
if the aggressor has a gun or could easily get a gun;
(f)
if the aggressor is violently or constantly jealous, or controls most of the daily 
activities of the victim;
(g)
if the victim left or separated from the aggressor after they were living together or 
married;
(h)
if the aggressor is unemployed;
(i)
if the aggressor has ever attempted suicide, to the best of the victim's knowledge;
(j)
if the victim has a child that the aggressor believes is not the aggressor's biological 
child;
(k)
if the aggressor follows or spies on the victim, or leaves threatening messages for the 
victim; and
(l)
if there is anything else that worries the victim about the victim's safety and, if so, 
what worries the victim.
(6)
A law enforcement officer shall comply with Subsection (7) if:
(a)
the victim answers affirmatively to any of the questions in Subsections (5)(a) through 
(d);
(b)
the victim answers negatively to the questions in Subsections (5)(a) through (d), but 
affirmatively to at least four of the questions in Subsections (5)(e) through (k); or
(c)
as a result of the victim's response to the question in Subsection (5)(l), the law 
enforcement officer believes the victim is in a potentially lethal situation.
(7)
If the criteria in Subsections (6)(a), (b), or (c) are met, the law enforcement officer shall:
(a)
advise the victim of the results of the assessment; 
(b)
refer the victim to a nongovernment organization victim advocate at a primary 
purpose domestic violence organization; and
(c)
refer the victim to a criminal justice system victim advocate if the responding law 
enforcement agency has a criminal justice system victim advocate available.
(8)
If a victim does not or is unable to provide information to a law enforcement officer 
sufficient to allow the law enforcement officer to complete a lethality assessment form, 
or does not speak or is unable to speak with a nongovernment organization victim 
advocate, the law enforcement officer shall document this information on the lethality 
assessment form and submit the information to the Department of Public Safety under 
Subsection (9).
(9)
(a)
Except as provided in Subsection (9)(b), a law enforcement officer shall submit 
the results of a lethality assessment to the Department of Public Safety while on 
scene.
(b)
If a law enforcement officer is not reasonably able to submit the results of a lethality 
assessment while on scene, the law enforcement officer shall submit the results of the 
lethality assessment to the Department of Public Safety as soon as practicable.
(c)
(i)
Before the reporting mechanism described in Subsection (10)(a) is developed, a 
law enforcement officer shall submit the results of a lethality assessment to the 
Department of Public Safety using means prescribed by the Department of Public 
Safety.
(ii)
After the reporting mechanism described in Subsection (10)(a) is developed, a 
law enforcement officer shall submit the results of a lethality assessment to the 
Department of Public Safety using that reporting mechanism.
(10)
The Department of Public Safety shall:
(a)
as soon as practicable, develop and maintain a reporting mechanism by which a law 
enforcement officer will submit the results of a lethality assessment as required by 
Subsection (9);
(b)
provide prompt analytical support to a law enforcement officer who submits the 
results of a lethality assessment using the reporting mechanism described in 
Subsection (10)(a); and
(c)
create and maintain a database of lethality assessment data provided under this 
section.
(11)
(a)
Subject to Subsection (11)(b), a law enforcement officer shall include the results 
of a lethality assessment and any related, relevant analysis provided by the 
Department of Public Safety under Subsection (10), with:
(i)
a probable cause statement submitted in accordance with Rule 9 of the Utah Rules 
of Criminal Procedure; and
(ii)
an incident report prepared in accordance with Section 
77-36-2.2
.
(b)
In a probable cause statement or incident report, a law enforcement officer may not 
include information about how or where a victim was referred under Subsection (7)(b).
Section 133, Section 
77-40a-205
 is amended to read:
77-40a-205
. Automatic expungement of state records for a clean slate case.
(1)
A court shall issue an order of expungement, without the filing of a petition, for all 
records of the case that are held by the court and the bureau if:
(a)
on and after October 1, 2024, but before January 1, 2026, the individual submitted a 
form requesting expungement of a case as described in Section 
77-40a-204
;
(b)
the case is eligible for expungement under this section; and
(c)
the prosecuting agency does not object to the expungement of the case as described 
in Subsection (6).
(2)
Except as otherwise provided in Subsection (3), a case is eligible for expungement 
under this section if:
(a)
(i)
each conviction within the case is a conviction for:
(A)
a misdemeanor offense for possession of a controlled substance in violation of 
Subsection 
58-37-8
(2)(a)(i);
(B)
a class B misdemeanor offense;
(C)
a class C misdemeanor offense; or
(D)
an infraction; and
(ii)
the following time periods have passed after the day on which the individual is 
adjudicated:
(A)
at least five years for the conviction of a class C misdemeanor offense or an 
infraction;
(B)
at least six years for the conviction of a class B misdemeanor offense; or
(C)
at least seven years for the conviction of a class A misdemeanor offense for 
possession of a controlled substance in violation of Subsection 
58-37-8
(2)(a)(i); 
or
(b)
(i)
the case is dismissed as a result of a successful completion of a plea in 
abeyance agreement governed by Subsection 
77-2a-3
(2)(b) or the case is 
dismissed without prejudice;
(ii)
each charge within the case is:
(A)
a misdemeanor offense for possession of a controlled substance in violation of 
Subsection 
58-37-8
(2)(a)(i);
(B)
a class B misdemeanor offense;
(C)
a class C misdemeanor offense; or
(D)
an infraction; and
(iii)
the following time periods have passed after the day on which the case is 
dismissed:
(A)
at least five years for a charge in the case for a class C misdemeanor offense 
or an infraction;
(B)
at least six years for a charge in the case for a class B misdemeanor offense; or
(C)
at least seven years for a charge in the case for a class A misdemeanor offense 
for possession of a controlled substance in violation of Subsection 
58-37-8
(2)(a)(i).
(3)
A case is not eligible for expungement under this section if:
(a)
the individual has a total number of convictions in courts of this state that exceed the 
limits under Subsection 
77-40a-303
(4) or (5) without taking into consideration:
(i)
the exception in Subsection 
77-40a-303
(7); or
(ii)
any infraction, traffic offense, or minor regulatory offense;
(b)
there is a criminal proceeding for a misdemeanor or felony offense pending in a 
court of this state against the individual, unless the proceeding is for a traffic offense;
(c)
for an individual seeking an automatic expungement on and after January 1, 2025, 
the individual is incarcerated in the state prison or on probation or parole that is 
supervised by the Department of Corrections;
(d)
the case resulted in the individual being found not guilty by reason of insanity;
(e)
the case establishes a criminal accounts receivable that:
(i)
has been entered as a civil accounts receivable or a civil judgment of restitution 
and transferred to the Office of State Debt Collection under Section 
77-18-114
; or
(ii)
has not been satisfied according to court records; or
(f)
the case resulted in a plea held in abeyance or a conviction for the following offenses:
(i)
any of the offenses listed in Subsection 
77-40a-303
(2)(a);
(ii)
an offense against the person in violation of Title 76, Chapter 5, Offenses Against 
the Individual;
(iii)
a weapons offense in violation of 
Title 76, Chapter 10, Part 5, Weapons
Title 
76, Chapter 11, Weapons
;
(iv)
sexual battery in violation of Section 
76-9-702.1
;
(v)
an act of lewdness in violation of Section 
76-9-702
 or 
76-9-702.5
;
(vi)
an offense in violation of Title 41, Chapter 6a, Part 5, Driving Under the 
Influence and Reckless Driving;
(vii)
damage to or interruption of a communication device in violation of Section 
76-6-108
;
(viii)
a domestic violence offense as defined in Section 
77-36-1
; or
(ix)
any other offense classified in the Utah Code as a felony or a class A 
misdemeanor other than a class A misdemeanor conviction for possession of a 
controlled substance in violation of Subsection 
58-37-8
(2)(a)(i).
(4)
A prosecuting agency that has complied with Rule 42 of the Utah Rules of Criminal 
Procedure shall receive notice on a monthly basis for any case prosecuted by that agency 
that appears to be eligible for automatic expungement under this section.
(5)
Within 35 days after the day on which the notice described in Subsection (4) is sent, the 
prosecuting agency shall provide written notice in accordance with Rule 42 of the Utah 
Rules of Criminal Procedure if the prosecuting agency objects to an automatic 
expungement for any of the following reasons:
(a)
the prosecuting agency believes that the case is not eligible for expungement under 
this section after reviewing the agency record;
(b)
the individual has not paid restitution to the victim as ordered by the court; or
(c)
the prosecuting agency has a reasonable belief, grounded in supporting facts, that an 
individual involved in the case is continuing to engage in criminal activity within or 
outside of the state.
(6)
If a prosecuting agency provides written notice of an objection for a reason described in 
Subsection (5) within 35 days after the day on which the notice under Subsection (4) is 
sent, the court may not proceed with automatic expungement of the case.
(7)
If 35 days pass after the day on which the notice described in Subsection (4) is sent 
without the prosecuting agency providing written notice of an objection under 
Subsection (5), the court shall proceed with automatic expungement of the case.
(8)
If a court issues an order of expungement under Subsection (1), the court shall:
(a)
expunge all records of the case held by the court in accordance with Section 
77-40a-401
; and
(b)
notify the bureau and the prosecuting agency identified in the case, based on 
information available to the court, of the order of expungement.
Section 134, Section 
77-40a-403
 is amended to read:
77-40a-403
. Release and use of expunged records -- Agencies.
(1)
(a)
An agency with an expunged record, or any employee of an agency with an 
expunged record, may not knowingly or intentionally divulge any information 
contained in the expunged record to any person, or another agency, without a court 
order unless:
(i)
specifically authorized by Subsection (4) or Section 
77-40a-404
; or
(ii)
subject to Subsection (1)(b), the information in an expunged record is being 
shared with another agency through a records management system that both 
agencies use for the purpose of record management.
(b)
An agency with a records management system may not disclose any information in 
an expunged record to another agency or person, or allow another agency or person 
access to an expunged record, if that agency or person does not use the records 
management system for the purpose of record management.
(2)
The following entities or agencies may receive information contained in expunged 
records upon specific request:
(a)
the Board of Pardons and Parole;
(b)
Peace Officer Standards and Training;
(c)
federal authorities if required by federal law;
(d)
the State Board of Education;
(e)
the Commission on Criminal and Juvenile Justice, for purposes of investigating 
applicants for judicial office; and
(f)
a research institution or an agency engaged in research regarding the criminal justice 
system if:
(i)
the research institution or agency provides a legitimate research purpose for 
gathering information from the expunged records;
(ii)
the research institution or agency enters into a data sharing agreement with the 
court or agency with custody of the expunged records that protects the 
confidentiality of any identifying information in the expunged records;
(iii)
any research using expunged records does not include any individual's name or 
identifying information in any product of that research; and
(iv)
any product resulting from research using expunged records includes a disclosure 
that expunged records were used for research purposes.
(3)
Except as otherwise provided by this section or by court order, a person, an agency, or 
an entity authorized by this section to view expunged records may not reveal or release 
any information obtained from the expunged records to anyone outside the specific 
request, including distribution on a public website.
(4)
A prosecuting attorney may communicate with another prosecuting attorney, or another 
prosecutorial agency, regarding information in an expunged record that includes a 
conviction, or a charge dismissed as a result of a successful completion of a plea in 
abeyance agreement, for:
(a)
stalking as described in Section 
76-5-106.5
;
(b)
a domestic violence offense as defined in Section 
77-36-1
;
(c)
an offense that would require the individual to register as a sex offender, kidnap 
offender, or child abuse offender as defined in Section 
77-41-102
; or
(d)
a weapons offense under 
Title 76, Chapter 10, Part 5, Weapons
Title 76, Chapter 
11, Weapons
.
(5)
Except as provided in Subsection (7), a prosecuting attorney may not use an expunged 
record for the purpose of a sentencing enhancement or as a basis for charging an 
individual with an offense that requires a prior conviction.
(6)
The bureau may also use the information in the bureau's index as provided in Section 
53-5-704
53-5a-303
.
(7)
If an individual is charged with a felony, or an offense eligible for enhancement based 
on a prior conviction, after obtaining an order of expungement, the prosecuting attorney 
may petition the court in which the individual is charged to open the expunged records 
upon a showing of good cause.
(8)
(a)
For judicial sentencing, a court may order any records expunged under this 
chapter or Section 
77-27-5.1
 to be opened and admitted into evidence.
(b)
The records are confidential and are available for inspection only by the court, 
parties, counsel for the parties, and any other person who is authorized by the court to 
inspect them.
(c)
At the end of the action or proceeding, the court shall order the records expunged 
again.
(d)
Any person authorized by this Subsection (8) to view expunged records may not 
reveal or release any information obtained from the expunged records to anyone 
outside the court.
(9)
Records released under this chapter are classified as protected under Section 
63G-2-305
and are accessible only as provided under Title 63G, Chapter 2, Part 2, Access to 
Records, and Subsection 
53-10-108
(2)(k) for records held by the bureau.
Section 135, Section 
78A-6-209
 is amended to read:
78A-6-209
. Court records -- Inspection.
(1)
The juvenile court and the juvenile court's probation department shall keep records as 
required by the board and the presiding judge.
(2)
A court record shall be open to inspection by:
(a)
the parents or guardian of a child, a minor who is at least 18 years old, other parties 
in the case, the attorneys, and agencies to which custody of a minor has been 
transferred;
(b)
for information relating to adult offenders alleged to have committed a sexual 
offense, a felony or class A misdemeanor drug offense, or an offense against the 
person under Title 76, Chapter 5, Offenses Against the Individual, the State Board of 
Education for the purpose of evaluating whether an individual should be permitted to 
obtain or retain a license as an educator or serve as an employee or volunteer in a 
school, with the understanding that the State Board of Education must provide the 
individual with an opportunity to respond to any information gathered from the State 
Board of Education's inspection of the records before the State Board of Education 
makes a decision concerning licensure or employment;
(c)
the Criminal Investigations and Technical Services Division, established in Section 
53-10-103
, for the purpose of a criminal history background check for the purchase 
of a firearm and establishing good character for issuance of a concealed firearm 
permit as provided in Section 
53-5-704
53-5a-303
;
(d)
the Division of Child and Family Services for the purpose of Child Protective 
Services Investigations in accordance with Sections 
80-2-602
 and 
80-2-701
 and 
administrative hearings in accordance with Section 
80-2-707
;
(e)
the Division of Licensing and Background Checks for the purpose of conducting a 
background check in accordance with Section 
26B-2-120
;
(f)
for information related to a minor who has committed a sexual offense, a felony, or 
an offense that if committed by an adult would be a misdemeanor, the Department of 
Health and Human Services for the purpose of evaluating under the provisions of 
Subsection 
26B-2-406
(3) whether a person should be permitted to operate a 
residential child care without a license or a certificate or to obtain or retain a license 
to provide child care, with the understanding that the department must provide the 
individual who committed the offense with an opportunity to respond to any 
information gathered from the Department of Health and Human Services' inspection 
of records before the Department of Health and Human Services makes a decision 
concerning licensure;
(g)
for information related to a minor who has committed a sexual offense, a felony, or 
an offense that if committed by an adult would be a misdemeanor, the Department of 
Health and Human Services to determine whether an individual meets the 
background screening requirements of Sections 
26B-2-238
 through 
26B-2-241
, with 
the understanding that the department must provide the individual who committed the 
offense an opportunity to respond to any information gathered from the Department 
of Health and Human Services' inspection of records before the Department of Health 
and Human Services makes a decision under that part; and
(h)
for information related to a minor who has committed a sexual offense, a felony, or 
an offense that if committed by an adult would be a misdemeanor, the Bureau of 
Emergency Medical Services to determine whether to grant, deny, or revoke 
background clearance under Section 
53-2d-410
 for an individual who is seeking or 
who has obtained an emergency medical service personnel license under Section 
53-2d-402
, with the understanding that the Bureau of Emergency Medical Services 
must provide the individual who committed the offense an opportunity to respond to 
any information gathered from the inspection of records before the Bureau of 
Emergency Medical Services makes a determination.
(3)
With the consent of the juvenile court, a court record may be inspected by the child, by 
persons having a legitimate interest in the proceedings, and by persons conducting 
pertinent research studies.
(4)
(a)
Except as provided in Subsection (4)(b), if a petition is filed charging a minor who 
is 14 years old or older with an offense that would be a felony if committed by an 
adult, the juvenile court shall make available to any person upon request the petition, 
any adjudication or disposition orders, and the delinquency history summary for the 
minor.
(b)
A juvenile court may close the records described in Subsection (4)(a) to the public if 
the juvenile court finds, on the record, that the records are closed for good cause.
(5)
A juvenile probation officer's records and reports of social and clinical studies are not 
open to inspection, except by consent of the juvenile court, given under rules adopted by 
the board.
(6)
The juvenile court may charge a reasonable fee to cover the costs associated with 
retrieving a requested record that has been archived.
Section 136, Section 
78B-4-511
 is amended to read:
78B-4-511
. Regulation of firearms reserved to state -- Lawsuits prohibited.
(1)
As prescribed by Section 
76-10-500
53-5a-102
, all authority to regulate firearms is 
reserved to the state through the Legislature.
(2)
A person who lawfully designs, manufactures, markets, advertises, transports, or sells 
firearms or ammunition to the public may not be sued by the state or any of its political 
subdivisions for the subsequent use, whether lawfully or unlawfully, of the firearm or 
ammunition, unless the suit is based on the breach of a contract or warranty for a firearm 
or ammunition purchased by the state or political subdivision.
Section 137, Section 
78B-5-502
 is amended to read:
78B-5-502
. Definitions.
As used in this part:
(1)
"Civil accounts receivable" means the same as that term is defined in Section 
77-32b-102
.
(2)
"Civil judgment of restitution" means the same as that term is defined in Section 
77-32b-102
.
(3)
"Curio or relic firearm" means a firearm that:
(a)
is of special interest to a collector because of a quality that is not associated with 
firearms intended for:
(i)
sporting use;
(ii)
use as an offensive weapon; or
(iii)
use as a defensive weapon;
(b)
(i)
was manufactured at least 50 years before the current date; and
(ii)
is not a replica of a firearm described in Subsection (3)(b)(i);
(c)
is certified by the curator of a municipal, state, or federal museum that exhibits 
firearms to be a curio or relic of museum interest;
(d)
derives a substantial part of the firearm's monetary value:
(i)
from the fact that the firearm is:
(A)
novel;
(B)
rare; or
(C)
bizarre; or
(ii)
because of the firearm's association with a historical:
(A)
figure;
(B)
period; or
(C)
event; and
(e)
has been designated as a curio or relic firearm by the director of the United States 
Treasury Department Bureau of Alcohol, Tobacco, and Firearms under 27 C.F.R. 
Sec. 478.11.
(3)
(4)
"Debt" means a legally enforceable monetary obligation or liability of an 
individual, whether arising out of contract, tort, or otherwise.
(4)
(5)
"Dependent" means the spouse of an individual, and the grandchild or the natural or 
adoptive child of an individual who derives support primarily from that individual.
(5)
(6)
"Exempt" means protected, and "exemption" means protection from subjection to a 
judicial process to collect an unsecured debt.
(7)
"Firearm" means the same as that term is defined in Section 
76-11-101
.
(6)
(8)
"Judicial lien" means a lien on property obtained by judgment or other legal process 
instituted for the purpose of collecting an unsecured debt.
(7)
(9)
"Levy" means the seizure of property pursuant to any legal process issued for the 
purpose of collecting an unsecured debt.
(8)
(10)
"Lien" means a judicial, or statutory lien, in property securing payment of a debt 
or performance of an obligation.
(9)
(11)
"Liquid assets" means deposits, securities, notes, drafts, unpaid earnings not 
otherwise exempt, accrued vacation pay, refunds, prepayments, and other receivables.
(10)
(12)
"Security interest" means an interest in property created by contract to secure 
payment or performance of an obligation.
(11)
(13)
"Statutory lien" means a lien arising by force of a statute, but does not include a 
security interest or a judicial lien.
(12)
(14)
"Value" means fair market value of an individual's interest in property, exclusive 
of valid liens.
Section 138, Section 
78B-5-505
 is amended to read:
78B-5-505
. Property exempt from execution.
(1)
(a)
An individual is entitled to exemption of the following property:
(i)
a burial plot for the individual and the individual's family;
(ii)
health aids reasonably necessary to enable the individual or a dependent to work 
or sustain health;
(iii)
benefits that the individual or the individual's dependent have received or are 
entitled to receive from any source because of:
(A)
disability;
(B)
illness; or
(C)
unemployment;
(iv)
benefits paid or payable for medical, surgical, or hospital care to the extent that 
the benefits are used by an individual or the individual's dependent to pay for that 
care;
(v)
veterans benefits;
(vi)
money or property received, and rights to receive money or property for child 
support;
(vii)
money or property received, and rights to receive money or property for alimony 
or separate maintenance, to the extent reasonably necessary for the support of the 
individual and the individual's dependents;
(viii)
(A)
one:
(I)
clothes washer and dryer;
(II)
refrigerator;
(III)
freezer;
(IV)
stove;
(V)
microwave oven; and
(VI)
sewing machine;
(B)
all carpets in use;
(C)
provisions sufficient for 12 months actually provided for individual or family 
use;
(D)
all wearing apparel of every individual and dependent, not including jewelry 
or furs; and
(E)
all beds and bedding for every individual or dependent;
(ix)
except for works of art held by the debtor as part of a trade or business, works of 
art:
(A)
depicting the debtor or the debtor and the debtor's resident family; or
(B)
produced by the debtor or the debtor and the debtor's resident family;
(x)
proceeds of insurance, a judgment, or a settlement, or other rights accruing as a 
result of bodily injury of the individual or of the wrongful death or bodily injury 
of another individual of whom the individual was or is a dependent to the extent 
that those proceeds are compensatory;
(xi)
the proceeds or benefits of any life insurance contracts or policies paid or 
payable to the debtor or any trust of which the debtor is a beneficiary upon the 
death of the spouse or children of the debtor, provided that the contract or policy 
has been owned by the debtor for a continuous unexpired period of one year;
(xii)
the proceeds or benefits of any life insurance contracts or policies paid or 
payable to the spouse or children of the debtor or any trust of which the spouse or 
children are beneficiaries upon the death of the debtor, provided that the contract 
or policy has been in existence for a continuous unexpired period of one year;
(xiii)
proceeds and avails of any unmatured life insurance contracts owned by the 
debtor or any revocable grantor trust created by the debtor, excluding any 
payments made on the contract during the one year immediately preceding a 
creditor's levy or execution;
(xiv)
except as provided in Subsection 
(1)(b)
, and except for a judgment described in 
Subsection 
75-7-503(2)(c)
, any money or other assets held for or payable to the 
individual as an owner, participant, or beneficiary from or an interest of the 
individual as an owner, participant, or beneficiary in a fund or account, including 
an inherited fund or account, in a retirement plan or arrangement that is described 
in Section 401(a), 401(h), 401(k), 403(a), 403(b), 408, 408A, 409, 414(d), 414(e), 
or 457, Internal Revenue Code, including an owner's, a participant's, or a 
beneficiary's interest that arises by inheritance, designation, appointment, or 
otherwise;
(xv)
the interest of or any money or other assets payable to an alternate payee under a 
qualified domestic relations order as those terms are defined in Section 414(p), 
Internal Revenue Code;
(xvi)
unpaid earnings of the household of the filing individual due as of the date of 
the filing of a bankruptcy petition in the amount of 1/24 of the Utah State annual 
median family income for the household size of the filing individual as 
determined by the Utah State Annual Median Family Income reported by the 
United States Census Bureau and as adjusted based upon the Consumer Price 
Index for All Urban Consumers for an individual whose unpaid earnings are paid 
more often than once a month or, if unpaid earnings are not paid more often than 
once a month, then in the amount of 1/12 of the Utah State annual median family 
income for the household size of the individual as determined by the Utah State 
Annual Median Family Income reported by the United States Census Bureau and 
as adjusted based upon the Consumer Price Index for All Urban Consumers;
(xvii)
except for curio or relic firearms
, as defined in Section 
76-10-501
,
 any three 
of the following:
(A)
one handgun and ammunition for the handgun not exceeding 1,000 rounds;
(B)
one shotgun and ammunition for the shotgun not exceeding 1,000 rounds; and
(C)
one shoulder arm and ammunition for the shoulder arm not exceeding 1,000 
rounds; and
(xviii)
money, not exceeding $200,000, in the aggregate, that an individual deposits, 
more than 18 months before the day on which the individual files a petition for 
bankruptcy or an action is filed by a creditor against the individual, as applicable, 
in all tax-advantaged accounts for saving for higher education costs on behalf of a 
particular individual that meets the requirements of Section 529, Internal Revenue 
Code.
(b)
(i)
Any money, asset, or other interest in a fund or account that is exempt from a 
claim of a creditor of the owner, beneficiary, or participant under Subsection 
(1)(a)(xiv)
 does not cease to be exempt after the owner's, participant's, or 
beneficiary's death by reason of a direct transfer or eligible rollover to an inherited 
individual retirement account as defined in Section 408(d)(3), Internal Revenue 
Code.
(ii)
Subsections 
(1)(a)(xiv)
 and 
(1)(b)(i)
 apply to all inherited individual retirement 
accounts without regard to the date on which the account was created.
(c)
(i)
The exemption granted by Subsection 
(1)(a)(xiv)
 does not apply to:
(A)
an alternate payee under a qualified domestic relations order, as those terms 
are defined in Section 414(p), Internal Revenue Code; or
(B)
amounts contributed or benefits accrued by or on behalf of a debtor within one 
year before the debtor files for bankruptcy, except amounts directly rolled over 
from other funds that are exempt from attachment under this section.
(ii)
The exemptions in Subsections 
(1)(a)(xi)
, 
(xii)
, and 
(xiii)
 do not apply to the 
secured creditor's interest in proceeds and avails of any matured or unmatured life 
insurance contract assigned or pledged as collateral for repayment of a loan or 
other legal obligation.
(2)
(a)
Disability benefits, as described in Subsection 
(1)(a)(iii)(A)
, and veterans benefits, 
as described in Subsection 
(1)(a)(v)
, may be garnished on behalf of a victim who is a 
child if the person receiving the benefits has been convicted of a felony sex offense 
against the victim and ordered by the sentencing court to pay restitution to the victim.
(b)
The exemption from execution under this Subsection 
(2)
 shall be reinstated upon 
payment of the restitution in full.
(3)
The exemptions under this section do not limit items that may be claimed as exempt 
under Section 
78B-5-506
.
(4)
(a)
The exemptions described in Subsections 
(1)(a)(iii)
, 
(iv)
, 
(vi)
, 
(vii)
, 
(x)
, 
(xii)
, 
(xiii)
, 
(xiv)
, 
(xv)
, 
(xvii)
, and 
(xviii)
 do not apply to a civil accounts receivable or a civil 
judgment of restitution for an individual who is found in contempt under Section 
78B-6-317
.
(b)
Subsection 
(4)(a)
 does not apply to the benefits described in Subsection 
(1)(a)(iii)
 if 
the individual's dependent received, or is entitled to receive, the benefits.
Section 139, Section 
78B-6-1107
 is amended to read:
78B-6-1107
. Nuisance -- Drug houses and drug dealing -- Gambling -- Group 
criminal activity -- Party house -- Prostitution -- Weapons -- Abatement by eviction.
(1)
Every building or place is a nuisance where:
(a)
the unlawful sale, manufacture, service, storage, distribution, dispensing, or 
acquisition occurs of any controlled substance, precursor, or analog specified in 
Title 
58, Chapter 37, Utah Controlled Substances Act
;
(b)
gambling is permitted to be played, conducted, or dealt upon as prohibited in 
Title 
76, Chapter 10, Part 11, Gambling
, which creates the conditions of a nuisance as 
defined in Subsection 
78B-6-1101(1)
;
(c)
criminal activity is committed in concert with three or more persons as provided in 
Section 
76-3-203.1
;
(d)
criminal activity is committed for the benefit of, at the direction of, or in association 
with any criminal street gang as defined in Section 
76-9-802
;
(e)
criminal activity is committed to gain recognition, acceptance, membership, or 
increased status with a criminal street gang as defined in Section 
76-9-802
;
(f)
parties occur frequently which create the conditions of a nuisance as defined in 
Subsection 
78B-6-1101(1)
;
(g)
prostitution or promotion of prostitution is regularly carried on by one or more 
persons as provided in 
Title 76, Chapter 10, Part 13, Prostitution
; and
(h)
a violation of 
Title 76, Chapter 10, Part 5, Weapons
an offense under Title 76, 
Chapter 11, Weapons
, occurs on the premises.
(2)
It is a defense to nuisance under Subsection 
(1)(a)
 if the defendant can prove that the 
defendant is lawfully entitled to possession of a controlled substance.
(3)
Sections 
78B-6-1108
 through 
78B-6-1114
 govern only an abatement by eviction of the 
nuisance as defined in Subsection 
(1)
.
Section 140, Section 
78B-6-2301
 is amended to read:
78B-6-2301
. Definitions.
As used in this part:
(1)
"Directive" means an ordinance, regulation, measure, rule, enactment, order, or policy 
issued, enacted, or required by a local or state governmental entity.
(2)
"Firearm" means the same as that term is defined in Section 
53-5a-102
.
(3)
"Legislative firearm preemption" means the preemption provided for in 
Sections
Section
53-5a-102
 and 
76-10-500
.
(4)
"Local or state governmental entity" means:
(a)
a department, commission, board, council, agency, institution, officer, corporation, 
fund, division, office, committee, authority, laboratory, library, unit, bureau, panel, or 
other administrative unit of the state, including the Utah Board of Higher Education, 
each institution of higher education, and the boards of trustees of each higher 
education institution; or
(b)
a county, city, town, special district, local education agency, public school, school 
district, charter school, special service district under Title 17D, Chapter 1, Special 
Service District Act, an entity created by interlocal cooperation agreement under Title 
11, Chapter 13, Interlocal Cooperation Act, or any other governmental entity 
designated in statute as a political subdivision of the state.
Section 141, Section 
80-6-103
 is amended to read:
80-6-103
. Notification to a school -- Civil and criminal liability.
(1)
As used in this section:
(a)
"School" means a school in a local education agency.
(b)
"Local education agency" means a school district, a charter school, or the Utah 
Schools for the Deaf and the Blind.
(c)
"School official" means the superintendent of a school district or the director of a 
charter school or designee in which the minor resides or attends school.
(d)
"Serious offense" means:
(i)
a violent felony as defined in Section 
76-3-203.5
;
(ii)
an offense that is a violation of 
an offense under 
Title 76, Chapter 6, Part 4, Theft
, 
and the property stolen is a firearm; or
(iii)
an offense that is a violation of 
Title 76, Chapter 10, Part 5
, Weapons
an offense 
under Title 76, Chapter 11, Weapons
.
(e)
"Transferee school official" means the superintendent of a school district or the 
director of a charter school or designee in which the minor resides or attends school if 
the minor is admitted to home detention.
(2)
A notification under this section is provided for a minor's supervision and student safety.
(3)
(a)
If a minor is taken into temporary custody under Section 
80-6-201
 for a serious 
offense, the peace officer, or other person who has taken the minor into temporary 
custody, shall notify a school official within five days after the day on which the 
minor is taken into temporary custody.
(b)
A notification under this Subsection (3) shall only disclose:
(i)
the name of the minor;
(ii)
the offense for which the minor was taken into temporary custody or admitted to 
detention; and
(iii)
if available, the name of the victim if the victim resides in the same school 
district as the minor or attends the same school as the minor.
(4)
After a detention hearing for a minor who is alleged to have committed a serious 
offense, the juvenile court shall order a juvenile probation officer to notify a school 
official, or a transferee school official, and the appropriate local law enforcement agency 
of the juvenile court's decision, including any disposition, order, or no-contact order.
(5)
If a designated staff member of a detention facility admits a minor to home detention 
under Section 
80-6-205
 and notifies the juvenile court of that admission, the juvenile 
court shall order a juvenile probation officer to notify a school official, or a transferee 
school official, and the appropriate local law enforcement agency that the minor has 
been admitted to home detention.
(6)
(a)
If the juvenile court adjudicates a minor for a serious offense, the juvenile court 
shall order a juvenile probation officer to notify a school official, or a transferee 
school official, of the adjudication.
(b)
A notification under this Subsection (6) shall be given to a school official, or a 
transferee school official, within three days after the day on which the minor is 
adjudicated.
(c)
A notification under this section shall include:
(i)
the name of the minor;
(ii)
the offense for which the minor was adjudicated; and
(iii)
if available, the name of the victim if the victim:
(A)
resides in the same school district as the minor; or
(B)
attends the same school as the minor.
(7)
If the juvenile court orders formal probation under Section 
80-6-702
, the juvenile court 
shall order a juvenile probation officer to notify the appropriate local law enforcement 
agency and the school official of the juvenile court's order for formal probation.
(8)
(a)
An employee of the local law enforcement agency, or the school the minor 
attends, who discloses a notification under this section is not:
(i)
civilly liable except when the disclosure constitutes fraud or willful misconduct as 
provided in Section 
63G-7-202
; and
(ii)
civilly or criminally liable except when the disclosure constitutes a knowing 
violation of Section 
63G-2-801
.
(b)
An employee of a governmental agency is immune from any criminal liability for 
failing to provide the information required by this section, unless the employee fails 
to act due to malice, gross negligence, or deliberate indifference to the consequences.
(9)
(a)
A notification under this section shall be classified as a protected record under 
Section 
63G-2-305
.
(b)
All other records of disclosures under this section are governed by 
Title 63G, 
Chapter 2, Government Records Access and Management Act
, and the Family 
Educational Rights and Privacy Act, 20 U.S.C. Sec. 1232g.
Section 142, Section 
80-6-104
 is amended to read:
80-6-104
. Data collection on offenses committed by minors -- Reporting 
requirement.
(1)
As used in this section:
(a)
"Firearm" means the same as that term is defined in Section 
76-10-501
76-11-101
.
(b)
"Firearm-related offense" means a criminal offense involving a firearm.
(c)
"School is in session" means the same as that term is defined in Section 
53E-3-516
.
(d)
"School-sponsored activity" means the same as that term is defined in Section 
53E-3-516
.
(2)
Before July 1 of each year, the Administrative Office of the Courts shall submit the 
following data to the State Commission on Criminal and Juvenile Justice, broken down 
by judicial district, for the preceding calendar year:
(a)
the number of referrals to the juvenile court;
(b)
the number of minors diverted to a nonjudicial adjustment;
(c)
the number of minors that satisfy the conditions of a nonjudicial adjustment;
(d)
the number of minors for whom a petition for an offense is filed in the juvenile court;
(e)
the number of minors for whom an information is filed in the juvenile court;
(f)
the number of minors bound over to the district court by the juvenile court;
(g)
the number of petitions for offenses committed by minors that were dismissed by the 
juvenile court;
(h)
the number of adjudications in the juvenile court for offenses committed by minors;
(i)
the number of guilty pleas entered into by minors in the juvenile court;
(j)
the number of dispositions resulting in secure care, community-based placement, 
formal probation, and intake probation; and
(k)
for each minor charged in the juvenile court with a firearm-related offense:
(i)
the minor's age at the time the offense was committed or allegedly committed;
(ii)
the minor's zip code at the time that the offense was referred to the juvenile court;
(iii)
whether the minor is a restricted person under 
Subsection 
76-10-503
(1)(a)(iv) or 
(1)(b)(iii)
Subsection 
76-11-302(4)
 or 
76-11-303(4)
;
(iv)
the type of offense for which the minor is charged;
(v)
the outcome of the minor's case in juvenile court, including whether the minor 
was bound over to the district court or adjudicated by the juvenile court; and
(vi)
if a disposition was entered by the juvenile court, whether the disposition 
resulted in secure care, community-based placement, formal probation, or intake 
probation.
(3)
The State Commission on Criminal and Juvenile Justice shall track the disposition of a 
case resulting from a firearm-related offense committed, or allegedly committed, by a 
minor when the minor is found in possession of a firearm while school is in session or 
during a school-sponsored activity.
(4)
In collaboration with the Administrative Office of the Courts, the division, and other 
agencies, the State Commission on Criminal and Juvenile Justice shall collect data for 
the preceding calendar year on:
(a)
the length of time that minors spend in the juvenile justice system, including the total 
amount of time minors spend under juvenile court jurisdiction, on community 
supervision, and in each out-of-home placement;
(b)
recidivism of minors who are diverted to a nonjudicial adjustment and minors for 
whom dispositions are ordered by the juvenile court, including tracking minors into 
the adult corrections system;
(c)
changes in aggregate risk levels from the time minors receive services, are under 
supervision, and are in out-of-home placement; and
(d)
dosages of programming.
(5)
On and before October 1 of each year, the State Commission on Criminal and Juvenile 
Justice shall prepare and submit a written report to the Judiciary Interim Committee and 
the Law Enforcement and Criminal Justice Interim Committee that includes:
(a)
data collected by the State Commission on Criminal and Juvenile Justice under this 
section;
(b)
data collected by the State Board of Education under Section 
53E-3-516
; and
(c)
recommendations for legislative action with respect to the data described in this 
Subsection 
(5)
.
(6)
After submitting the written report described in Subsection (5), the State Commission 
on Criminal and Juvenile Justice may supplement the report at a later time with updated 
data and information the State Board of Education collects under Section 
53E-3-516
.
(7)
Nothing in this section shall be construed to require the disclosure of information or 
data that is classified as controlled, private, or protected under Title 63G, Chapter 2, 
Government Records Access and Management Act.
Section 143, Section 
80-6-303.5
 is amended to read:
80-6-303.5
. Preliminary inquiry by juvenile probation officer -- Eligibility for 
nonjudicial adjustment.
(1)
If the juvenile court receives a referral for an offense committed by a minor that is, or 
appears to be, within the juvenile court's jurisdiction, or for the minor being a habitual 
truant, a juvenile probation officer shall make a preliminary inquiry in accordance with 
this section to determine whether the minor is eligible to enter into a nonjudicial 
adjustment.
(2)
If a minor is referred to the juvenile court for multiple offenses arising from a single 
criminal episode, and the minor is eligible under this section for a nonjudicial 
adjustment, the juvenile probation officer shall offer the minor one nonjudicial 
adjustment for all offenses arising from the single criminal episode.
(3)
(a)
The juvenile probation officer may:
(i)
conduct a validated risk and needs assessment; and
(ii)
request that a prosecuting attorney review a referral in accordance with Section 
80-6-304.5
 if:
(A)
the results of the validated risk and needs assessment indicate the minor is 
high risk; or
(B)
the results of the validated risk and needs assessment indicate the minor is 
moderate risk and the referral is for a class A misdemeanor violation under 
Title 76, Chapter 5, Offenses Against the Individual, or Title 76, Chapter 9, 
Part 7, Miscellaneous Provisions.
(b)
If the referral involves an offense that is a violation of Section 
41-6a-502
, the minor 
shall:
(i)
undergo a drug and alcohol screening;
(ii)
if found appropriate by the screening, participate in an assessment; and
(iii)
if warranted by the screening and assessment, follow the recommendations of the 
assessment.
(4)
Except for an offense that is not eligible under Subsection (8), the juvenile probation 
officer shall offer a nonjudicial adjustment to a minor if:
(a)
the minor:
(i)
is referred for an offense that is a misdemeanor, infraction, or status offense;
(ii)
has no more than two prior adjudications; and
(iii)
has no more than two prior unsuccessful nonjudicial adjustment attempts; 
(b)
the minor is referred for an offense that is alleged to have occurred before the minor 
was 12 years old; or
(c)
the minor is referred for being a habitual truant.
(5)
For purposes of determining a minor's eligibility for a nonjudicial adjustment under 
Subsection (4), the juvenile probation officer shall treat all offenses arising out of a 
single criminal episode that resulted in a nonjudicial adjustment as one prior nonjudicial 
adjustment.
(6)
For purposes of determining a minor's eligibility for a nonjudicial adjustment under 
Subsection (4), the juvenile probation officer shall treat all offenses arising out of a 
single criminal episode that resulted in one or more prior adjudications as a single 
adjudication.
(7)
Except for a referral that involves an offense described in Subsection (8), the juvenile 
probation officer may offer a nonjudicial adjustment to a minor who does not meet the 
criteria described in Subsection (4)(a).
(8)
The juvenile probation officer may not offer a minor a nonjudicial adjustment if the 
referral involves:
(a)
an offense alleged to have occurred when the minor was 12 years old or older that is:
(i)
a felony offense; or
(ii)
a misdemeanor violation of:
(A)
Section 
41-6a-502
, driving under the influence;
(B)
Section 
76-5-107
, threat of violence;
(C)
Section 
76-5-107.1
, threats against schools;
(D)
Section 
76-5-112
, reckless endangerment creating a substantial risk of death 
or serious bodily injury;
(E)
Section 
76-5-206
, negligent homicide;
(F)
Section 
76-9-702.1
, sexual battery;
(G)
Section 
76-10-505.5
, possession of a dangerous weapon, firearm, or short 
barreled shotgun on or about school premises;
(H)
Section 
76-10-506
, threatening with or using a dangerous weapon in fight or 
quarrel;
(I)
Section 
76-10-507
, possession of a deadly weapon with criminal intent; or
(J)
Section 
76-10-509.4
, possession of a dangerous weapon by a minor;
(G)
Section 
76-11-205
, carrying a dangerous weapon at an elementary school or 
secondary school;
(H)
Section 
76-11-206
, carrying a dangerous weapon at a daycare;
(I)
Section 
76-11-207
, threatening with or using a dangerous weapon in a fight or 
quarrel;
(J)
Section 
76-11-208
, possession of a dangerous weapon with criminal intent; or
(K)
Section 
76-11-211
, possession of a dangerous weapon by a minor;
 or
(b)
an offense alleged to have occurred before the minor is 12 years old that is a felony 
violation of:
(i)
Section 
76-5-103
, aggravated assault resulting in serious bodily injury to another;
(ii)
Section 
76-5-202
, aggravated murder or attempted aggravated murder;
(iii)
Section 
76-5-203
, murder or attempted murder;
(iv)
Section 
76-5-302
, aggravated kidnapping;
(v)
Section 
76-5-405
, aggravated sexual assault;
(vi)
Section 
76-6-103
, aggravated arson;
(vii)
Section 
76-6-203
, aggravated burglary;
(viii)
Section 
76-6-302
, aggravated robbery; or
(ix)
Section 
76-10-508.1
76-11-210
, felony discharge of a firearm.
(9)
The juvenile probation officer shall request that a prosecuting attorney review a referral 
if:
(a)
the referral involves an offense described in Subsection (8); or
(b)
the minor has a current suspended order for custody under Section 
80-6-711
.
Section 144, Section 
80-6-305
 is amended to read:
80-6-305
. Petition for a delinquency proceeding -- Amending a petition -- 
Continuance.
(1)
A prosecuting attorney shall file a petition, in accordance with Utah Rules of Juvenile 
Procedure, Rule 17, to commence a proceeding against a minor for an adjudication of an 
alleged offense, except as provided in:
(a)
Subsection 
(2)
;
(b)
Section 
80-6-302
;
(c)
Section 
80-6-502
; and
(d)
Section 
80-6-503
.
(2)
A prosecuting attorney may not file a petition under Subsection 
(1)
 against an individual 
for an offense alleged to have occurred before the individual was 12 years old, unless:
(a)
the individual is alleged to have committed a felony violation of:
(i)
Section 
76-5-103
, aggravated assault resulting in serious bodily injury to another;
(ii)
Section 
76-5-202
, aggravated murder or attempted aggravated murder;
(iii)
Section 
76-5-203
, murder or attempted murder;
(iv)
Section 
76-5-302
, aggravated kidnapping;
(v)
Section 
76-5-405
, aggravated sexual assault;
(vi)
Section 
76-6-103
, aggravated arson;
(vii)
Section 
76-6-203
, aggravated burglary;
(viii)
Section 
76-6-302
, aggravated robbery; or
(ix)
Section 
76-10-508.1
76-11-210
, felony discharge of a firearm; or
(b)
an offer for a nonjudicial adjustment is made under Section 
80-6-303.5
 and the 
minor:
(i)
declines to accept the offer for the nonjudicial adjustment; or
(ii)
fails to substantially comply with the conditions agreed upon as part of the 
nonjudicial adjustment.
(3)
A juvenile court may dismiss a petition under this section at any stage of the 
proceedings.
(4)
(a)
When evidence is presented during any proceeding in a minor's case that points to 
material facts not alleged in the petition, the juvenile court may consider the 
additional or different material facts raised by the evidence if the parties consent.
(b)
The juvenile court, on a motion from any interested party or on the court's own 
motion, shall direct that the petition be amended to conform to the evidence.
(c)
If an amended petition under Subsection 
(4)(b)
 results in a substantial departure from 
the material facts originally alleged, the juvenile court shall grant a continuance as 
justice may require in accordance with Utah Rules of Juvenile Procedure, Rule 54.
Section 145, Section 
80-6-503
 is amended to read:
80-6-503
. Criminal information for a minor in juvenile court -- Extending 
juvenile court jurisdiction.
(1)
If a prosecuting attorney charges a minor with a felony, the prosecuting attorney may 
file a criminal information in the juvenile court if the minor was a principal actor in an 
offense and the information alleges:
(a)
(i)
the minor was 16 or 17 years old at the time of the offense; and
(ii)
the offense for which the minor is being charged is a felony violation of:
(A)
Section 
76-5-103
, aggravated assault resulting in serious bodily injury to 
another;
(B)
Section 
76-5-202
, attempted aggravated murder;
(C)
Section 
76-5-203
, attempted murder;
(D)
Section 
76-5-302
, aggravated kidnapping;
(E)
Section 
76-5-405
, aggravated sexual assault;
(F)
Section 
76-6-103
, aggravated arson;
(G)
Section 
76-6-203
, aggravated burglary;
(H)
Section 
76-6-302
, aggravated robbery;
(I)
Section 
76-10-508.1
76-11-210
, felony discharge of a firearm; or
(J)
an offense other than an offense listed in Subsections 
(1)(a)(ii)(A)
 through 
(I)
involving the use of a dangerous weapon if the offense would be a felony had 
an adult committed the offense, and the minor has been previously adjudicated 
or convicted of an offense involving the use of a dangerous weapon that would 
have been a felony if committed by an adult; or
(b)
(i)
the minor was 14 or 15 years old at the time of the offense; and
(ii)
the offense for which the minor is being charged is a felony violation of:
(A)
Section 
76-5-202
, aggravated murder or attempted aggravated murder; or
(B)
Section 
76-5-203
, murder or attempted murder.
(2)
At the time that a prosecuting attorney files an information under this section, a party 
may file a motion to extend the juvenile court's continuing jurisdiction in accordance 
with Section 
80-6-605
.
Section 146, Section 
80-6-605
 is amended to read:
80-6-605
. Extension of juvenile court jurisdiction -- Procedure.
(1)
At the time that a prosecuting attorney files a petition under Section 
80-6-305
, or a 
criminal information under Section 
80-6-503
, for a felony offense alleged to have been 
committed by a minor who is 14 years old or older, either party may file a motion to 
extend the juvenile court's continuing jurisdiction over the minor's case until the minor is 
25 years old if:
(a)
the minor was the principal actor in the offense; and
(b)
the petition or information alleges a felony violation of:
(i)
Section 
76-5-103
, aggravated assault resulting in serious bodily injury to another;
(ii)
Section 
76-5-202
, aggravated murder or attempted aggravated murder;
(iii)
Section 
76-5-203
, murder or attempted murder;
(iv)
Section 
76-5-302
, aggravated kidnapping;
(v)
Section 
76-5-405
, aggravated sexual assault;
(vi)
Section 
76-6-103
, aggravated arson;
(vii)
Section 
76-6-203
, aggravated burglary;
(viii)
Section 
76-6-302
, aggravated robbery;
(ix)
Section 
76-10-508.1
76-11-210
, felony discharge of a firearm; or
(x)
(A)
an offense other than the offenses listed in Subsections 
(1)(b)(i)
 through 
(ix)
involving the use of a dangerous weapon that would be a felony if committed 
by an adult; and
(B)
the minor has been previously adjudicated or convicted of an offense 
involving the use of a dangerous weapon that would have been a felony if 
committed by an adult.
(2)
(a)
Notwithstanding Subsection 
(1)
, either party may file a motion to extend the 
juvenile
 court's continuing jurisdiction after a determination by the juvenile court 
that the minor will not be bound over to the district court under Section 
80-6-504
.
(3)
The juvenile
 court shall make a determination on a motion under Subsection 
(1)
 or 
(2)
at the time of disposition.
(4)
The juvenile
 court shall extend the continuing jurisdiction over the minor's case until 
the minor is 25 years old if the juvenile
 court finds, by a preponderance of the 
evidence, that extending continuing jurisdiction is in the best interest of the minor and 
the public.
(5)
In considering whether it is in the best interest of the minor and the public for the court 
to extend jurisdiction over the minor's case until the minor is 25 years old, the juvenile
court shall consider and base the juvenile
 court's decision on:
(a)
whether the protection of the community requires an extension of jurisdiction beyond 
the age of 21;
(b)
the extent to which the minor's actions in the offense were committed in an 
aggressive, violent, premeditated, or willful manner;
(c)
the minor's mental, physical, educational, trauma, and social history; and
(d)
the criminal record and previous history of the minor.
(6)
The amount of weight that each factor in Subsection 
(5)
 is given is in the juvenile
court's discretion.
(7)
(a)
The juvenile
 court may consider written reports and other materials relating to 
the minor's mental, physical, educational, trauma, and social history.
(b)
Upon request by the minor, the minor's parent, guardian, or other interested party, the 
juvenile
 court shall require the person preparing the report or other material to 
appear and be subject to both direct and cross-examination.
(8)
A minor may testify under oath, call witnesses, cross-examine witnesses, and present 
evidence on the factors described in Subsection 
(5)
.
Section 147, Section 
80-6-712
 is amended to read:
80-6-712
. Time periods for supervision of probation or placement -- 
Termination of continuing jurisdiction.
(1)
If the juvenile court places a minor on probation under Section 
80-6-702
, the juvenile 
court shall establish a period of time for supervision for the minor that is:
(a)
if the minor is placed on intake probation, no more than three months; or
(b)
if the minor is placed on formal probation, from four to six months, but may not 
exceed six months.
(2)
(a)
If the juvenile court commits a minor to the division under Section 
80-6-703
, and 
the minor's case is under the jurisdiction of the court, the juvenile court shall 
establish:
(i)
for a minor placed out of the home, a period of custody from three to six months, 
but may not exceed six months; and
(ii)
for aftercare services if the minor was placed out of the home, a period of 
supervision from three to four months, but may not exceed four months.
(b)
A minor may be supervised for aftercare services under Subsection (2)(a)(ii):
(i)
in the home of a qualifying relative or guardian;
(ii)
at an independent living program contracted or operated by the division; or
(iii)
in a family-based setting with approval by the director or the director's designee 
if the minor does not qualify for an independent living program due to age, 
disability, or another reason or the minor cannot be placed with a qualifying 
relative or guardian.
(3)
If the juvenile court orders a minor to secure care, the authority shall:
(a)
have jurisdiction over the minor's case; and
(b)
apply the provisions of Part 8, Commitment and Parole.
(4)
(a)
The juvenile court shall terminate continuing jurisdiction over a minor's case at 
the end of the time period described in Subsection (1) for probation or Subsection (2) 
for commitment to the division, unless:
(i)
termination would interrupt the completion of the treatment program determined 
to be necessary by the results of a validated risk and needs assessment under 
Section 
80-6-606
;
(ii)
the minor commits a new misdemeanor or felony offense;
(iii)
the minor has not completed community or compensatory service hours;
(iv)
there is an outstanding fine; or
(v)
the minor has not paid restitution in full.
(b)
The juvenile court shall determine whether a minor has completed a treatment 
program under Subsection (4)(a)(i) by considering:
(i)
the recommendations of the licensed service provider for the treatment program;
(ii)
the minor's record in the treatment program; and
(iii)
the minor's completion of the goals of the treatment program.
(5)
Subject to Subsections (6) and (7), if one of the circumstances under Subsection (4) 
exists the juvenile court may extend supervision for the time needed to address the 
specific circumstance.
(6)
If the juvenile court extends supervision solely on the ground that the minor has not yet 
completed community or compensatory service hours under Subsection (4)(a)(iii), the 
juvenile court may only extend supervision:
(a)
one time for no more than three months; and
(b)
as intake probation.
(7)
(a)
If the juvenile court extends jurisdiction solely on the ground that the minor has 
not paid restitution in full as described in Subsection (4)(a)(v):
(i)
the juvenile court may only:
(A)
extend jurisdiction up to four times for no more than three months at a time;
(B)
consider the efforts of the minor to pay restitution in full when determining 
whether to extend jurisdiction under Subsection (7)(a)(i); and
(C)
make orders concerning the payment of restitution during the period for which 
jurisdiction is extended;
(ii)
the juvenile court shall terminate any intake probation or formal probation of the 
minor; and
(iii)
a designated staff member of the juvenile court shall submit a report to the 
juvenile court every three months regarding the minor's efforts to pay restitution.
(b)
If the juvenile court finds that a minor is not making an effort to pay restitution, the 
juvenile court shall:
(i)
terminate jurisdiction over the minor's case; and
(ii)
record the amount of unpaid restitution as a civil judgment in accordance with 
Subsection 
80-6-709
(8).
(8)
If the juvenile court extends supervision or jurisdiction under this section, the grounds 
for the extension and the length of any extension shall be recorded in the court records 
and tracked in the data system used by the Administrative Office of the Courts and the 
division.
(9)
If a minor leaves supervision without authorization for more than 24 hours, the 
supervision period for the minor shall toll until the minor returns.
(10)
This section does not apply to any minor adjudicated under this chapter for:
(a)
Section 
76-5-103
, aggravated assault resulting in serious bodily injury to another;
(b)
Section 
76-5-202
, aggravated murder or attempted aggravated murder;
(c)
Section 
76-5-203
, murder or attempted murder;
(d)
Section 
76-5-205
, manslaughter;
(e)
Section 
76-5-206
, negligent homicide;
(f)
Section 
76-5-207
, automobile homicide;
(g)
Section 
76-5-207.5
, automobile homicide involving using a wireless communication 
device while operating a motor vehicle;
(h)
Section 
76-5-208
, child abuse homicide;
(i)
Section 
76-5-209
, homicide by assault;
(j)
Section 
76-5-302
, aggravated kidnapping;
(k)
Section 
76-5-405
, aggravated sexual assault;
(l)
a felony violation of Section 
76-6-103
, aggravated arson;
(m)
Section 
76-6-203
, aggravated burglary;
(n)
Section 
76-6-302
, aggravated robbery;
(o)
Section 
76-10-508.1
76-11-210
, felony discharge of a firearm;
(p)
(i)
an offense other than an offense listed in Subsections (10)(a) through (o) 
involving the use of a dangerous weapon, as defined in Section 
76-1-101.5
, that is 
a felony; and
(ii)
the minor has been previously adjudicated or convicted of an offense involving 
the use of a dangerous weapon; or
(q)
a felony offense other than an offense listed in Subsections (10)(a) through (p) and 
the minor has been previously committed to the division for secure care.
Section 148, Section 
80-6-804
 is amended to read:
80-6-804
. Review and termination of secure care.
(1)
If a juvenile offender is ordered to secure care under Section 
80-6-705
, the juvenile 
offender shall appear before the authority within 45 days after the day on which the 
juvenile offender is ordered to secure care for review of a treatment plan and to establish 
parole release guidelines.
(2)
(a)
Except as provided in Subsections (2)(b) and (2)(h), if a juvenile offender is 
ordered to secure care under Section 
80-6-705
, the authority shall set a presumptive 
term of secure care for the juvenile offender from three to six months, but the 
presumptive term may not exceed six months.
(b)
If a juvenile offender is ordered to secure care for a misdemeanor offense, the 
authority may immediately release the juvenile offender on parole if there is a 
treatment program available for the juvenile offender in a community-based setting.
(c)
Except as provided in Subsection (2)(h), the authority shall release the juvenile 
offender on parole at the end of the presumptive term of secure care unless:
(i)
termination would interrupt the completion of a treatment program determined to 
be necessary by the results of a validated risk and needs assessment under Section 
80-6-606
; or
(ii)
the juvenile offender commits a new misdemeanor or felony offense.
(d)
The authority shall determine whether a juvenile offender has completed a treatment 
program under Subsection (2)(c)(i) by considering:
(i)
the recommendations of the licensed service provider for the treatment program;
(ii)
the juvenile offender's record in the treatment program; and
(iii)
the juvenile offender's completion of the goals of the treatment program.
(e)
Except as provided in Subsection (2)(h), the authority may extend the length of 
secure care and delay parole release for the time needed to address the specific 
circumstance if one of the circumstances under Subsection (2)(c) exists.
(f)
The authority shall:
(i)
record the length of the extension and the grounds for the extension; and
(ii)
report annually the length and grounds of extension to the commission.
(g)
Records under Subsection (2)(f) shall be tracked in the data system used by the 
juvenile court and the division.
(h)
If a juvenile offender is ordered to secure care for a misdemeanor offense, the 
authority may not:
(i)
set a juvenile offender's presumptive term of secure care under Subsection (2)(a) 
that would result in a term of secure care that exceeds a term of incarceration for 
an adult under Section 
76-3-204
 for the same misdemeanor offense; or
(ii)
extend the juvenile offender's term of secure care under Subsections (2)(c) and (e) 
if the extension would result in a term of secure care that exceeds the term of 
incarceration for an adult under Section 
76-3-204
 for the same misdemeanor 
offense.
(3)
(a)
If a juvenile offender is ordered to secure care, the authority shall set a 
presumptive term of parole supervision, including aftercare services, from three to 
four months, but the presumptive term may not exceed four months.
(b)
If the authority determines that a juvenile offender is unable to return home 
immediately upon release, the juvenile offender may serve the term of parole:
(i)
in the home of a qualifying relative or guardian;
(ii)
at an independent living program contracted or operated by the division; or
(iii)
in a family-based setting with approval by the director or the director's designee 
if the minor does not qualify for an independent living program due to age, 
disability, or another reason or the minor cannot be placed with a qualifying 
relative or guardian.
(c)
The authority shall release a juvenile offender from parole and terminate the 
authority's jurisdiction at the end of the presumptive term of parole, unless:
(i)
termination would interrupt the completion of a treatment program that is 
determined to be necessary by the results of a validated risk and needs assessment 
under Section 
80-6-606
;
(ii)
the juvenile offender commits a new misdemeanor or felony offense; or
(iii)
restitution has not been completed.
(d)
The authority shall determine whether a juvenile offender has completed a treatment 
program under Subsection (3)(c)(i) by considering:
(i)
the recommendations of the licensed service provider;
(ii)
the juvenile offender's record in the treatment program; and
(iii)
the juvenile offender's completion of the goals of the treatment program.
(e)
If one of the circumstances under Subsection (3)(c) exists, the authority may delay 
parole release only for the time needed to address the specific circumstance.
(f)
The authority shall:
(i)
record the grounds for extension of the presumptive length of parole and the 
length of the extension; and
(ii)
report annually the extension and the length of the extension to the commission.
(g)
Records under Subsection (3)(f) shall be tracked in the data system used by the 
juvenile court and the division.
(h)
If a juvenile offender leaves parole supervision without authorization for more than 
24 hours, the term of parole shall toll until the juvenile offender returns.
(4)
Subsections (2) and (3) do not apply to a juvenile offender ordered to secure care for:
(a)
Section 
76-5-103
, aggravated assault resulting in serious bodily injury to another;
(b)
Section 
76-5-202
, aggravated murder or attempted aggravated murder;
(c)
Section 
76-5-203
, murder or attempted murder;
(d)
Section 
76-5-205
, manslaughter;
(e)
Section 
76-5-206
, negligent homicide;
(f)
Section 
76-5-207
, automobile homicide;
(g)
Section 
76-5-207.5
, automobile homicide involving using a wireless communication 
device while operating a motor vehicle;
(h)
Section 
76-5-208
, child abuse homicide;
(i)
Section 
76-5-209
, homicide by assault;
(j)
Section 
76-5-302
, aggravated kidnapping;
(k)
Section 
76-5-405
, aggravated sexual assault;
(l)
a felony violation of Section 
76-6-103
, aggravated arson;
(m)
Section 
76-6-203
, aggravated burglary;
(n)
Section 
76-6-302
, aggravated robbery;
(o)
Section 
76-10-508.1
76-11-210
, felony discharge of a firearm;
(p)
(i)
an offense other than an offense listed in Subsections (4)(a) through (o) 
involving the use of a dangerous weapon, as defined in Section 
76-1-101.5
, that is 
a felony; and
(ii)
the juvenile offender has been previously adjudicated or convicted of an offense 
involving the use of a dangerous weapon, as defined in Section 
76-1-101.5
; or
(q)
an offense other than an offense listed in Subsections (4)(a) through (p) and the 
juvenile offender has been previously ordered to secure care.
Section 149, Section 
80-6-1004.1
 is amended to read:
80-6-1004.1
. Petition to expunge adjudication -- Hearing and notice -- Waiver -- 
Order.
(1)
An individual may petition the juvenile court for an order to expunge the individual's 
juvenile record if:
(a)
the individual was adjudicated for an offense in the juvenile court;
(b)
the individual has reached 18 years old; and
(c)
at least one year has passed from the day on which:
(i)
the juvenile court's continuing jurisdiction was terminated; or
(ii)
if the individual was committed to secure care, the individual was unconditionally 
released from the custody of the division.
(2)
If a petitioner is 18 years old or older and seeks an expungement under Subsection 
(1)
, 
the petition shall include a criminal history report obtained from the Bureau of Criminal 
Identification in accordance with Section 
53-10-108
.
(3)
If the juvenile court finds and states on the record the reason why the waiver is 
appropriate, the juvenile court may waive:
(a)
the age requirement under Subsection 
(1)(b)
 for a petition; or
(b)
the one-year requirement under Subsection 
(1)(c)
 for a petition.
(4)
(a)
Upon the filing of a petition described in Subsection 
(1)(a)
(1)
, the juvenile court 
shall:
(i)
set a date for a hearing; and
(ii)
at least 30 days before the day on which the hearing on the petition is scheduled, 
notify the prosecuting attorney and any affected agency identified in the 
petitioner's juvenile record:
(A)
that the petition has been filed; and
(B)
of the date of the hearing.
(b)
(i)
The juvenile court shall provide a victim with the opportunity to request notice 
of a petition described in Subsection 
(1)
.
(ii)
Upon the victim's request under Subsection 
(4)(b)(i)
, the victim shall receive 
notice of the petition at least 30 days before the day on which the hearing is 
scheduled if, before the day on which an expungement order is made, the victim, 
or the victim's next of kin or authorized representative if the victim is a child or an 
individual who is incapacitated or deceased, submits a written and signed request 
for notice to the juvenile court in the judicial district in which the offense occurred 
or judgment is entered.
(iii)
The notice described in Subsection 
(4)(b)(ii)
 shall include a copy of the petition 
and any statutes and rules applicable to the petition.
(c)
At the hearing, the prosecuting attorney, a victim, and any other individual who may 
have relevant information about the petitioner may testify.
(d)
The juvenile court may waive the hearing for the petition if:
(i)
(A)
there is no victim; or
(B)
if there is a victim, the victim agrees to the waiver; and
(ii)
the prosecuting attorney agrees to the waiver.
(5)
(a)
Except as provided in Subsection 
(6)
, the juvenile court may grant a petition 
described in Subsection 
(1)
 and order expungement of the petitioner's juvenile record 
if the juvenile court finds that the petitioner is rehabilitated to the satisfaction of the 
court in accordance with Subsection 
(5)(b)
.
(b)
In deciding whether to grant a petition described in Subsection 
(1)
, the juvenile court 
shall consider:
(i)
whether expungement of the petitioner's juvenile record is in the best interest of 
the petitioner;
(ii)
the petitioner's response to programs and treatment;
(iii)
the nature and seriousness of the conduct for which the petitioner was 
adjudicated;
(iv)
the petitioner's behavior subsequent to adjudication;
(v)
the petitioner's reason for seeking expungement of the petitioner's juvenile record; 
and
(vi)
if the petitioner is a restricted person under Subsection 
76-10-503(1)(a)(iv)
 or 
(b)(iii)
76-11-302(4)
 or 
76-11-303(4)
:
(A)
whether the offense for which the petitioner is a restricted person was 
committed with a weapon;
(B)
whether expungement of the petitioner's juvenile record poses an unreasonable 
risk to public safety; and
(C)
the amount of time that has passed since the adjudication of the offense for 
which the petitioner is a restricted person.
(6)
The juvenile court may not grant a petition described in Subsection 
(1)
 and order 
expungement of the petitioner's juvenile record if:
(a)
the petitioner has been convicted of a violent felony within five years before the day 
on which the petition for expungement is filed;
(b)
there are delinquency or criminal proceedings pending against the petitioner;
(c)
the petitioner has not satisfied a judgment of restitution entered by the juvenile court 
for an adjudication in the petitioner's juvenile record;
(d)
the petitioner has not satisfied restitution that was a condition of a nonjudicial 
adjustment in the petitioner's juvenile record; or
(e)
the petitioner's juvenile record contains an adjudication for a violation of:
(i)
Section 
76-5-202
, aggravated murder; or
(ii)
Section 
76-5-203
, murder.
Section 150, Section 
80-6-1004.5
 is amended to read:
80-6-1004.5
. Automatic expungement of successful nonjudicial adjustment -- 
Effect of successful nonjudicial adjustment.
(1)
Except as provided in Subsection (2), the juvenile court shall issue, without a petition, 
an order to expunge an individual's juvenile record if:
(a)
the individual has reached 18 years old;
(b)
the individual's juvenile record consists solely of nonjudicial adjustments;
(c)
the individual has successfully completed each nonjudicial adjustment; and
(d)
all nonjudicial adjustments were completed on or after October 1, 2023.
(2)
An individual's juvenile record is not eligible for expungement under Subsection (1) if 
the individual's juvenile record contains a nonjudicial adjustment for a violation of:
(a)
Section 
41-6a-502
, driving under the influence;
(b)
Section 
76-5-112
, reckless endangerment creating a substantial risk of death or 
serious bodily injury;
(c)
Section 
76-5-206
, negligent homicide;
(d)
Section 
76-9-702.1
, sexual battery;
(e)
Section 
76-10-505.5
, possession of a dangerous weapon, firearm, or short barreled 
shotgun on or about school premises
76-11-205
, carrying a dangerous weapon at an 
elementary school or secondary school
;
(f)
Section 
76-11-206
, carrying a dangerous weapon at a daycare;
 or
(f)
(g)
Section 
76-10-509.4
76-11-211
, possession of a dangerous weapon by a minor.
(3)
If an individual's juvenile record consists solely of nonjudicial adjustments that were 
completed before October 1, 2023:
(a)
any nonjudicial adjustment in the individual's juvenile record is considered to never 
have occurred if:
(i)
the individual has reached 18 years old;
(ii)
the individual has satisfied restitution that was a condition of any nonjudicial 
adjustment in the individual's juvenile record; and
(iii)
the nonjudicial adjustment was for an offense that is not an offense described in 
Subsection (2); and
(b)
the individual may reply to any inquiry about the nonjudicial adjustment as though 
there never was a nonjudicial adjustment.
Section 151, 
Repealer.
Title.
Cross-references to concealed firearm permit restrictions.
Title.
Uniform law.
Restrictions on possession, purchase, transfer, and ownership of 
Target concessions, shooting ranges, competitions, and hunting 
Unlawful marking of pistol or revolver.
Section 152. 
Effective Date.
This bill takes effect on 
May 7, 2025
.
Section 153. 
Coordinating H.B. 128 with H.B. 183.
If H.B. 128, Dangerous Weapons Recodification and Cross References, and H.B. 183, 
Noncitizen Restricted Person Amendments, both pass and become law, the Legislature intends 
that, on May 7, 2025, Subsection 
76-11-302(5)
, enacted in H.B. 128, be amended to read:
"(5) if the individual is an alien who is illegally or unlawfully in the United States, 
including an alien who has:
(a) submitted an asylum application in accordance with 8 U.S.C. Sec. 1158 and is 
waiting for a disposition on the application; or
(b) submitted a temporary protected status application in accordance with 8 U.S.C. 
Sec. 1254a and is waiting for a disposition on the application; or".
Section 154. 
Coordinating H.B. 128 with H.B. 21.
If H.B. 128, Dangerous Weapons Recodification and Cross References, and H.B. 21, 
Criminal Code Recodification and Cross References, both pass and become law, the 
Legislature intends that, on May 7, 2025:
(1) the amendments to the following sections or subsections in H.B. 128 supersede the 
amendments to those sections or subsections in H.B. 21:
(a) Section 
23A-4-1106
;
(b) Subsection 
26B-2-120(5)(a)(i)(V)
;
(c) Subsections 
31A-21-501(4)(m)
 and (4)(n);
(d) Subsection 
34-45-107(1)
;
(e) Section 
47-3-305
;
(f) Subsections 
53-3-220(1)(a)(xi)
 and (1)(b)(i);
(g) Subsections 
53-5d-102(5)(b)(iii)
 and (7);
(h) Section 
53-10-208.1
;
(i) Subsection 
53-10-403(2)(c)(xxvii)
;
(j) Subsection 
53-22-105(6)
;
(k) Subsection 
53-22-107(6)
;
(l) Subsection 
53-25-103(2)
;
(m) Subsection 
53G-8-701.8(4)
;
(n) Section 
58-63-307
;
(o) Section 
63I-2-276
;
(p) Section 
73-29-102
;
(q) Subsection 
76-3-203.3(4)(j)
;
(r) Subsection 
76-3-402(1)(f)(ii)(B)
;
(s) Subsection 
76-5-202(2)(a)(x)(Q)
;
(t) Section 
76-5-203
;
(u) Section 
76-11-101
 (renumbered from Section 76-10-501);
(v) Section 
76-11-309
 (renumbered from Section 
76-10-503.1
);
(w) Section 
76-11-310
 (renumbered from Section 76-10-532);
(x) subject to the coordination clause in H.B. 195, Firearm Retention Amendments, 
which coordinates H.B. 195 with H.B. 128 and H.B. 21, Section 
77-11a-402
;
(y) Subsection 
77-11b-102(5)
;
(z) Section 
77-11d-101
;
(aa) Section 
77-11d-105
;
(bb) Section 
78B-5-505
;
(cc) Section 
80-6-104
;
(dd) Section 
80-6-305
;
(ee) Section 
80-6-503
;
(ff) Section 
80-6-605
;
(gg) Section 
80-6-712
;
(hh) Section 
80-6-804
;
(ii) Section 
80-6-1004.1
;
(jj) Subsections 
80-6-1004.5(2)(e)
 and (2)(f); and
(kk) Section 
53-5a-108
 (renumbered from Section 76-10-523).
(2) Subsection 
76-3-203.5(1)(c)(i)(TT)
 enacted in H.B. 21 be amended to read:
"(TT) purchase or possession of a dangerous weapon or firearm by a restricted person as 
described in Section 
76-11-305
 or 76-11-306;";
(3) Section 
76-11-204
 (renumbered from Section 76-10-505) in H.B. 128 supersede the 
amendments to Section 
76-10-505
 in H.B. 21;
(4) Section 
76-11-205
 (renumbered from Section 
76-10-505.5
) in H.B. 128 supersede the 
amendments to Section 
76-10-505.5
 in H.B. 21;
(5) Section 
76-11-207
 (renumbered from Section 76-10-506) in H.B. 128 supersede the 
amendments to Section 
76-10-506
 in H.B. 21;
(6) Section 
76-11-208
 (renumbered from Section 76-10-507) in H.B. 128 supersede the 
amendments to Section 
76-10-507
 in H.B. 21;
(7) Section 
76-11-209
 (renumbered from Section 76-10-508) in H.B. 128 supersede the 
amendments to Section 
76-10-508
 in H.B. 21;
(8) Section 
76-11-210
 (renumbered from Section 
76-10-508.1
) in H.B. 128 supersede the 
amendments to Section 
76-10-508.1
 in H.B. 21;
(9) Section 
76-11-211
 (renumbered from Section 
76-10-509.4
) in H.B. 128 supersede the 
amendments to Section 
76-10-509.4
 in H.B. 21;
(10) Section 
76-11-212
 (renumbered from Section 
76-10-509.5
) in H.B. 128 supersede the 
amendments to Section 
76-10-509.5
 in H.B. 21;
(11) Section 
76-11-213
 (renumbered from Section 
76-10-509.6
) in H.B. 128 supersede the 
amendments to Section 
76-10-509.6
 in H.B. 21;
(12) Section 
76-11-214
 (renumbered from Section 
76-10-509.7
) in H.B. 128 supersede the 
amendments to Section 
76-10-509.7
 in H.B. 21;
(13) Section 
76-11-215
 (renumbered from Section 
76-10-509.9
) in H.B. 128 supersede the 
amendments to Section 
76-10-509.9
 in H.B. 21;
(14) Section 
53-5a-605
 (renumbered from Section 76-10-524) in H.B. 128 supersede the 
amendments to Section 
76-10-524
 in H.B. 21;
(15) Section 
53-5a-602
 (renumbered from Section 76-10-526) in H.B. 128 supersede the 
amendments to Section 
76-10-526
 in H.B. 21;
(16) Section 
53-5a-603
 (renumbered from Section 
76-10-526.1
) in H.B. 128 supersede the 
amendments to Section 
76-10-526.1
 in H.B. 21;
(17) Section 
53-5a-604
 (renumbered from Section 76-10-527) in H.B. 128 supersede the 
amendments to Section 
76-10-527
 in H.B. 21;
(18) Section 
76-11-217
 (renumbered from Section 76-10-528) in H.B. 128 supersede the 
amendments to Section 
76-10-528
 in H.B. 21;
(19) (a) Section 
76-11-218
 (renumbered from Section 76-10-529) in H.B. 128 supersede the 
amendments to Section 
76-10-529
 in H.B. 21;
(b) Subsection 
76-11-218(1)(a)(ii)
 in H.B. 128 be amended to read:
"
(ii) "Explosive is the same as defined for "explosive, chemical, or incendiary 
device" in Section 
76-10-306
76-15-210
.
"; and
(c) Subsection 
76-11-218(5)(c)
 enacted in H.B. 128 be amended to read:
"(c) An actor who transports, possesses, distributes, or sells an explosive, chemical, 
or incendiary device within the secure area of an airport commits a violation of Section 
76-15-210
.";
(20) Section 
76-11-219
 (renumbered from Section 76-10-530) in H.B. 128 supersede the 
amendments to Section 
76-10-530
 in H.B. 21;
(21) (a) Section 
76-15-210
 (renumbered from Section 76-10-306) in H.B. 21 supersede the 
amendments to Section 
76-10-306
 in H.B. 128; and
(b) Subsection 
76-15-210(2)(b)(iii)
 in H.B. 21 be amended to read:
"(iii) transports, possesses, distributes, or sells any explosive, chemical, or incendiary 
device in a secure area established pursuant to Section 
76-8-311.1
, 
76-8-311.3
, 
76-11-218
, or 
78A-2-203
.";
(22) the amendments to Section 
76-11-201
 enacted in H.B. 128 supersede the amendments 
to Section 
76-11-201
 enacted in H.B. 21;
(23) the amendments to Section 
76-11-301
 enacted in H.B. 128 supersede the amendments 
to Section 
76-11-301
 enacted in H.B. 21; and
(24) the amendments to Section 
53-5a-102.1
 enacted in H.B. 128 supersede the 
amendments to Section 
53-5a-102.1
 enacted in H.B. 21.
Section 155. 
Coordinating H.B. 128 with S.B. 14.
If H.B. 128, Dangerous Weapons Recodification and Cross References, and S.B. 14, 
Private Sale of a Firearm Sunset Review Amendments, both pass and become law, the 
Legislature intends that, on May 7, 2025, Subsection 
63I-1-253(9)
 enacted by H.B. 128 be 
deleted and the remaining subsections renumbered accordingly.
3-14-25 12:53 PM