Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 199 (2025GS)

Sponsor

Rep. Clancy, Tyler

Final action

Governor Signed 3/24/2025

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• defines terms;
• requires a local substance abuse authority to include in the authority's annual plan a list of available substance use service providers, in a form and format usable by first responders;
• requires a local mental health authority to include in the authority's annual plan a list of available mental health service providers, in a form and format usable by first responders;
• allows and encourages first responders to offer a referral to substance use or mental health services to an individual who experiences an intentional or accidental overdose;
• addresses requirements for syringe exchange programs and information collected relating to syringe exchange programs;
• allows an opioid treatment program to operate a mobile unit to provide medication to treat substance use withdrawal symptoms or an opioid use disorder, and provides certain requirements for operation of a mobile unit;
• grants rulemaking authority to the Department of Health and Human Services regarding the requirements for operating a mobile unit to provide medication to treat substance use withdrawal symptoms or an opioid use disorder;
• amends criminal provisions of the Utah Controlled Substances Act;
• creates the crime of maintenance of a drug-involved premises;
• amends provisions regarding civil nuisance actions, including provisions that relate to a nuisance caused by unlawful actions related to a controlled substance;
• repeals intent language;
• adds a coordination clause between this bill and H.B. 355, Critical Infrastructure Materials Amendments, to provide that changes made to Section 76B-6-1101 in H.B. 355 are incorporated into changes this bill makes to that section; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

90
10-3-703
17-43-102
17-43-201
17-43-301
17-53-223
26B-5-121
26B-7-117
58-17b-309.7
58-37-8
76-10-801
76-10-803
76-10-803.1
78B-6-1101
78B-6-1102
78B-6-1102.5
78B-6-1103
78B-6-1105
78B-6-1106
78B-6-1107
78B-6-1108
78B-6-1109
78B-6-1110
78B-6-1111
78B-6-1112
78B-6-1113
78B-6-1114
10-3-703
17-43-102
17-43-201
17-43-301
17-53-223
26B-5-121
26B-7-117
58-17b-309.7
58-37-8
76-10-801
76-10-803
76-10-803.1
78B-6-1101
78B-6-1102
78B-6-1102.5
78B-6-1103
78B-6-1105
78B-6-1106
78B-6-1107
78B-6-1108
78B-6-1109
78B-6-1110
78B-6-1111
78B-6-1112
78B-6-1113
78B-6-1114
0
Substance Use Treatment and Enforcement Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Tyler Clancy
Senate Sponsor: Brady Brammer
Cosponsor:
Trevor Lee
Michael J. Petersen
Matthew H. Gwynn
Karianne Lisonbee
Candice B. Pierucci
LONG TITLE
General Description:
This bill addresses treatment and enforcement issues related to substance use.
Highlighted Provisions:
This bill:
defines terms;
requires a local substance abuse authority to include in the authority's annual plan a list of 
available substance use service providers, in a form and format usable by first 
responders; 
requires a local mental health authority to include in the authority's annual plan a list of 
available mental health service providers, in a form and format usable by first 
responders;
allows and encourages first responders to offer a referral to substance use or mental health 
services to an individual who experiences an intentional or accidental overdose;
addresses requirements for syringe exchange programs and information collected relating 
to syringe exchange programs;
allows an opioid treatment program to operate a mobile unit to provide medication to treat 
substance use withdrawal symptoms or an opioid use disorder, and provides certain 
requirements for operation of a mobile unit;
grants rulemaking authority to the Department of Health and Human Services regarding 
the requirements for operating a mobile unit to provide medication to treat substance use 
withdrawal symptoms or an opioid use disorder; 
amends criminal provisions of the Utah Controlled Substances Act;
creates the crime of maintenance of a drug-involved premises;
amends provisions regarding civil nuisance actions, including provisions that relate to a 
nuisance caused by unlawful actions related to a controlled substance;
repeals intent language;
adds a coordination clause between this bill and H.B. 355, Critical Infrastructure 
Materials Amendments, to provide that changes made to Section 76B-6-1101 in H.B. 
355 are incorporated into changes this bill makes to that section; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a coordination clause.
Utah Code Sections Affected:
AMENDS:
10-3-703
, as last amended by Laws of Utah 2020, Chapter 89
17-43-102
, as last amended by Laws of Utah 2023, Chapter 327
17-43-201
, as last amended by Laws of Utah 2023, Chapters 15, 327
17-43-301
, as last amended by Laws of Utah 2024, Chapters 240, 299
17-53-223
, as last amended by Laws of Utah 2020, Chapter 89
26B-7-117
, as last amended by Laws of Utah 2024, Chapter 250
58-17b-309.7
, as last amended by Laws of Utah 2024, Chapter 240
58-37-8
, as last amended by Laws of Utah 2024, Chapter 105
76-10-801
, as enacted by Laws of Utah 1973, Chapter 196
76-10-803
, as last amended by Laws of Utah 2019, Chapters 81, 227
78B-6-1101
, as last amended by Laws of Utah 2021, Chapter 207
78B-6-1102
, as enacted by Laws of Utah 2008, Chapter 3
78B-6-1102.5
, as enacted by Laws of Utah 2010, Chapter 99
78B-6-1103
, as last amended by Laws of Utah 2011, Chapter 185
78B-6-1106
, as enacted by Laws of Utah 2008, Chapter 3
78B-6-1107
, as last amended by Laws of Utah 2021, Chapter 207
78B-6-1108
, as renumbered and amended by Laws of Utah 2008, Chapter 3
78B-6-1109
, as renumbered and amended by Laws of Utah 2008, Chapter 3
78B-6-1110
, as renumbered and amended by Laws of Utah 2008, Chapter 3
78B-6-1111
, as renumbered and amended by Laws of Utah 2008, Chapter 3
78B-6-1112
, as renumbered and amended by Laws of Utah 2008, Chapter 3
78B-6-1113
, as renumbered and amended by Laws of Utah 2008, Chapter 3
78B-6-1114
, as renumbered and amended by Laws of Utah 2008, Chapter 3
ENACTS:
26B-5-121
, Utah Code Annotated 1953
76-10-803.1
, Utah Code Annotated 1953
REPEALS:
78B-6-1105
, as renumbered and amended by Laws of Utah 2008, Chapter 3
Utah Code Sections Affected by Coordination Clause:
AMENDS:
78B-6-1101
, as last amended by Laws of Utah 2021, Chapter 207
Be it enacted by the Legislature of the state of Utah:
Section 1, Section 
10-3-703
 is amended to read:
10-3-703
. Criminal penalties for violation of ordinance -- Civil penalties 
prohibited -- Exceptions.
(1)
(a)
The governing body of a municipality may impose a criminal penalty for the 
violation of any municipal ordinance by a fine not to exceed the maximum class B 
misdemeanor fine under Section 
76-3-301
, by a term of imprisonment up to six 
months, or by both the fine and term of imprisonment.
(b)
Notwithstanding Subsection 
(1)(a)
, a municipality may not impose a criminal penalty 
greater than an infraction for a violation pertaining to an individual's pet, as defined 
in Section 
4-12-102
, or an individual's use of the individual's residence unless:
(i)
the violation:
(A)
is a nuisance as 
that term is 
defined in 
Subsection 
78B-6-1101(1)
Section 
78B-6-1101
; and
(B)
threatens the health, safety, or welfare of the individual or an identifiable third 
party; or
(ii)
the municipality has imposed a fine on the individual for a violation that involves 
the same residence or pet on three previous occasions within the past 12 months.
(c)
Subsection 
(1)(b)
 does not apply to municipal enforcement of a building code or fire 
code ordinance in accordance with 
Title 15A, State Construction and Fire Codes Act
.
(2)
(a)
Except as provided in Subsection 
(2)(b)
, the governing body may prescribe a civil 
penalty for the violation of any municipal ordinance by a fine not to exceed the 
maximum class B misdemeanor fine under Section 
76-3-301
.
(b)
A municipality may not impose a civil penalty and adjudication for the violation of a 
municipal moving traffic ordinance.
(3)
(a)
Except as provided in Subsection 
(3)(b)
 or Section 
77-7-18
, a municipal officer or 
official who is not a law enforcement officer described in Section 
53-13-103
 or a 
special function officer described in Section 
53-13-105
 may not issue a criminal 
citation for a violation that is punished as a misdemeanor.
(b)
Notwithstanding Subsection 
(1)
 or 
(3)(a)
, the following may issue a criminal citation 
for a violation that is punished as a misdemeanor if the violation threatens the health 
and safety of an animal or the public:
(i)
a fire officer described in Section 
53-7-102
; or
(ii)
an animal control officer described in Section 
11-46-102
.
(4)
A municipality may not issue more than one infraction within a 14-day time period for a 
violation described in Subsection 
(1)(b)
 that is ongoing.
Section 2, Section 
17-43-102
 is amended to read:
17-43-102
. Definitions.
As used in this chapter:
(1)
"Department" means the Department of Health and Human Services created in Section 
26B-1-201
.
(2)
"Division" means the Division of Integrated Healthcare within the department.
(3)
"First responder" means:
(a)
a law enforcement officer, as that term is defined in Section 
53-13-103
;
(b)
emergency medical service personnel, as that term is defined in Section 
53-2d-101
;
(c)
an emergency medical technician, as that term is defined in Section 
53-2e-101
;
(d)
an advanced emergency medical technician, as that term is defined in Section 
53-2e-101
;
(e)
a firefighter, as that term is defined in Section 
53B-8c-102
;
(f)
a dispatcher, as that term is defined in Section 
53-6-102
; or
(g)
a mobile outreach social worker.
Section 3, Section 
17-43-201
 is amended to read:
17-43-201
. Local substance abuse authorities -- Responsibilities.
(1)
(a)
(i)
In each county operating under a county executive-council form of 
government under Section 
17-52a-203
, the county legislative body is the local 
substance abuse authority, provided however that any contract for plan services 
shall be administered by the county executive.
(ii)
In each county operating under a council-manager form of government under 
Section 
17-52a-204
, the county manager is the local substance abuse authority.
(iii)
In each county other than a county described in Subsection 
(1)(a)(i)
 or 
(ii)
, the 
county legislative body is the local substance abuse authority.
(b)
Within legislative appropriations and county matching funds required by this section, 
and under the direction of the division, each local substance abuse authority shall:
(i)
develop substance use prevention and treatment services plans;
(ii)
provide substance use services to residents of the county; and
(iii)
cooperate with efforts of the division to promote integrated programs that 
address an individual's substance use, mental health, and physical healthcare 
needs, as described in Section 
26B-5-102
.
(c)
Within legislative appropriations and county matching funds required by this section, 
each local substance abuse authority shall cooperate with the efforts of the 
department to promote a system of care, as defined in Section 
26B-5-101
, for minors 
with or at risk for complex emotional and behavioral needs, as described in Section 
26B-1-202
26B-5-101
.
(2)
(a)
By executing an interlocal agreement under 
Title 11, Chapter 13, Interlocal 
Cooperation Act
, two or more counties may join to:
(i)
provide substance use prevention and treatment services; or
(ii)
create a united local health department that provides substance use treatment 
services, mental health services, and local health department services in 
accordance with Subsection 
(3)
.
(b)
The legislative bodies of counties joining to provide services may establish 
acceptable ways of apportioning the cost of substance use services.
(c)
Each agreement for joint substance use services shall:
(i)
(A)
designate the treasurer of one of the participating counties or another person 
as the treasurer for the combined substance abuse authorities and as the 
custodian of money available for the joint services; and
(B)
provide that the designated treasurer, or other disbursing officer authorized by 
the treasurer, may make payments from the money for the joint services upon 
audit of the appropriate auditing officer or officers representing the 
participating counties;
(ii)
provide for the appointment of an independent auditor or a county auditor of one 
of the participating counties as the designated auditing officer for the combined 
substance abuse authorities;
(iii)
(A)
provide for the appointment of the county or district attorney of one of the 
participating counties as the designated legal officer for the combined 
substance abuse authorities; and
(B)
authorize the designated legal officer to request and receive the assistance of 
the county or district attorneys of the other participating counties in defending 
or prosecuting actions within their counties relating to the combined substance 
abuse authorities; and
(iv)
provide for the adoption of management, clinical, financial, procurement, 
personnel, and administrative policies as already established by one of the 
participating counties or as approved by the legislative body of each participating 
county or interlocal board.
(d)
An agreement for joint substance use services may provide for joint operation of 
services and facilities or for operation of services and facilities under contract by one 
participating local substance abuse authority for other participating local substance 
abuse authorities.
(3)
A county governing body may elect to combine the local substance abuse authority with 
the local mental health authority created in 
Part 3, Local Mental Health Authorities
, and 
the local health department created in 
Title 26A, Chapter 1, Part 1, Local Health 
Department Act
, to create a united local health department under Section 
26A-1-105.5
. 
A local substance abuse authority that joins a united local health department shall 
comply with this part.
(4)
(a)
Each local substance abuse authority is accountable to the department and the 
state with regard to the use of state and federal funds received from those 
departments for substance use services, regardless of whether the services are 
provided by a private contract provider.
(b)
Each local substance abuse authority shall comply, and require compliance by its 
contract provider, with all directives issued by the department regarding the use and 
expenditure of state and federal funds received from those departments for the 
purpose of providing substance use programs and services. The department shall 
ensure that those directives are not duplicative or conflicting, and shall consult and 
coordinate with local substance abuse authorities with regard to programs and 
services.
(5)
Each local substance abuse authority shall:
(a)
review and evaluate substance use prevention and treatment needs and services, 
including substance use needs and services for individuals incarcerated in a county 
jail or other county correctional facility;
(b)
annually prepare and submit to the division a plan approved by the county legislative 
body for funding and service delivery that includes:
(i)
provisions for services, either directly by the substance abuse authority or by 
contract, for adults, youth, and children, including those incarcerated in a county 
jail or other county correctional facility;
 and
(ii)
primary prevention, targeted prevention, early intervention, and treatment 
services;
 and
(iii)
in a form and format usable by a first responder, an inclusive list of providers of 
substance use services available for individuals within the local substance abuse 
authority's jurisdiction;
(c)
establish and maintain, either directly or by contract, programs licensed under 
Title 
26B, Chapter 2, Part 1, Human Services Programs and Facilities
;
(d)
appoint directly or by contract a full or part time director for substance use programs, 
and prescribe the director's duties;
(e)
provide input and comment on new and revised rules established by the division;
(f)
establish and require contract providers to establish administrative, clinical, 
procurement, personnel, financial, and management policies regarding substance use 
services and facilities, in accordance with the rules of the division, and state and 
federal law;
(g)
establish mechanisms allowing for direct citizen input;
(h)
annually contract with the division to provide substance use programs and services in 
accordance with the provisions of 
Title 26B, Chapter 5, Health Care - Substance Use 
and Mental Health
;
(i)
comply with all applicable state and federal statutes, policies, audit requirements, 
contract requirements, and any directives resulting from those audits and contract 
requirements;
(j)
promote or establish programs for the prevention of substance use within the 
community setting through community-based prevention programs;
(k)
provide funding equal to at least 20% of the state funds that it receives to fund 
services described in the plan;
(l)
comply with the requirements and procedures of 
Title 11, Chapter 13, Interlocal 
Cooperation Act
, 
Title 17B, Chapter 1, Part 6, Fiscal Procedures for Special Districts
, 
and 
Title 51, Chapter 2a, Accounting Reports from Political Subdivisions, Interlocal 
Organizations, and Other Local Entities Act
;
(m)
for persons convicted of driving under the influence in violation of Section 
41-6a-502
 or 
41-6a-517
, conduct the following as defined in Section 
41-6a-501
:
(i)
a screening;
(ii)
an assessment;
(iii)
an educational series; and
(iv)
substance 
use
abuse
 treatment; and
(n)
utilize proceeds of the accounts described in Subsection 
26B-5-209(1)
 to supplement 
the cost of providing the services described in Subsection 
(5)(m)
.
(6)
Before disbursing any public funds, each local substance abuse authority shall require 
that each entity that receives any public funds from the local substance abuse authority 
agrees in writing that:
(a)
the entity's financial records and other records relevant to the entity's performance of 
the services provided to the local substance abuse authority shall be subject to 
examination by:
(i)
the division;
(ii)
the local substance abuse authority director;
(iii)
(A)
the county treasurer and county or district attorney; or
(B)
if two or more counties jointly provide substance use services under an 
agreement under Subsection 
(2)
, the designated treasurer and the designated 
legal officer;
(iv)
the county legislative body; and
(v)
in a county with a county executive that is separate from the county legislative 
body, the county executive;
(b)
the county auditor may examine and audit the entity's financial and other records 
relevant to the entity's performance of the services provided to the local substance 
abuse authority; and
(c)
the entity will comply with the provisions of Subsection 
(4)(b)
.
(7)
A local substance abuse authority may receive property, grants, gifts, supplies, 
materials, contributions, and any benefit derived therefrom, for substance abuse services. 
If those gifts are conditioned upon their use for a specified service or program, they shall 
be so used.
(8)
(a)
As used in this section, "public funds" means the same as that term is defined in 
Section 
17-43-203
.
(b)
Public funds received for the provision of services pursuant to the local substance 
abuse plan may not be used for any other purpose except those authorized in the 
contract between the local substance abuse authority and the provider for the 
provision of plan services.
(9)
Subject to the requirements of the federal Substance Abuse Prevention and Treatment 
Block Grant, Pub. L. No. 102-321, a local substance abuse authority shall ensure that all 
substance use treatment programs that receive public funds:
(a)
accept and provide priority for admission to a pregnant woman or a pregnant minor; 
and
(b)
if admission of a pregnant woman or a pregnant minor is not possible within 24 
hours of the time that a request for admission is made, provide a comprehensive 
referral for interim services that:
(i)
are accessible to the pregnant woman or pregnant minor;
(ii)
are best suited to provide services to the pregnant woman or pregnant minor;
(iii)
may include:
(A)
counseling;
(B)
case management; or
(C)
a support group; and
(iv)
shall include a referral for:
(A)
prenatal care; and
(B)
counseling on the effects of alcohol and drug use during pregnancy.
(10)
If a substance use treatment program described in Subsection 
(9)
 is not able to accept 
and admit a pregnant woman or pregnant minor under Subsection 
(9)
 within 48 hours of 
the time that request for admission is made, the local substance abuse authority shall 
contact the Division of Integrated Healthcare for assistance in providing services to the 
pregnant woman or pregnant minor.
Section 4, Section 
17-43-301
 is amended to read:
17-43-301
. Local mental health authorities -- Responsibilities.
(1)
As used in this section:
(a)
"Assisted outpatient treatment" means the same as that term is defined in Section 
26B-5-301
.
(b)
"Crisis worker" means the same as that term is defined in Section 
26B-5-610
.
(c)
"Local mental health crisis line" means the same as that term is defined in Section 
26B-5-610
.
(d)
"Mental health therapist" means the same as that term is defined in Section 
58-60-102
.
(e)
"Public funds" means the same as that term is defined in Section 
17-43-303
.
(f)
"Statewide mental health crisis line" means the same as that term is defined in 
Section 
26B-5-610
.
(2)
(a)
(i)
In each county operating under a county executive-council form of 
government under Section 
17-52a-203
, the county legislative body is the local 
mental health authority, provided however that any contract for plan services shall 
be administered by the county executive.
(ii)
In each county operating under a council-manager form of government under 
Section 
17-52a-204
, the county manager is the local mental health authority.
(iii)
In each county other than a county described in Subsection (2)(a)(i) or (ii), the 
county legislative body is the local mental health authority.
(b)
Within legislative appropriations and county matching funds required by this section, 
under the direction of the division, each local mental health authority shall:
(i)
provide mental health services to individuals within the county; and
(ii)
cooperate with efforts of the division to promote integrated programs that address 
an individual's substance use, mental health, and physical healthcare needs, as 
described in Section 
26B-5-102
.
(c)
Within legislative appropriations and county matching funds required by this section, 
each local mental health authority shall cooperate with the efforts of the department 
to promote a system of care, as defined in Section 
26B-5-101
, for minors with or at 
risk for complex emotional and behavioral needs, as described in Section 
26B-1-202
26B-5-101
.
(3)
(a)
By executing an interlocal agreement under Title 11, Chapter 13, Interlocal 
Cooperation Act, two or more counties may join to:
(i)
provide mental health prevention and treatment services; or
(ii)
create a united local health department that combines substance use treatment 
services, mental health services, and local health department services in 
accordance with Subsection (4).
(b)
The legislative bodies of counties joining to provide services may establish 
acceptable ways of apportioning the cost of mental health services.
(c)
Each agreement for joint mental health services shall:
(i)
(A)
designate the treasurer of one of the participating counties or another person 
as the treasurer for the combined mental health authorities and as the custodian 
of money available for the joint services; and
(B)
provide that the designated treasurer, or other disbursing officer authorized by 
the treasurer, may make payments from the money available for the joint 
services upon audit of the appropriate auditing officer or officers representing 
the participating counties;
(ii)
provide for the appointment of an independent auditor or a county auditor of one 
of the participating counties as the designated auditing officer for the combined 
mental health authorities;
(iii)
(A)
provide for the appointment of the county or district attorney of one of the 
participating counties as the designated legal officer for the combined mental 
health authorities; and
(B)
authorize the designated legal officer to request and receive the assistance of 
the county or district attorneys of the other participating counties in defending 
or prosecuting actions within their counties relating to the combined mental 
health authorities; and
(iv)
provide for the adoption of management, clinical, financial, procurement, 
personnel, and administrative policies as already established by one of the 
participating counties or as approved by the legislative body of each participating 
county or interlocal board.
(d)
An agreement for joint mental health services may provide for:
(i)
joint operation of services and facilities or for operation of services and facilities 
under contract by one participating local mental health authority for other 
participating local mental health authorities; and
(ii)
allocation of appointments of members of the mental health advisory council 
between or among participating counties.
(4)
A county governing body may elect to combine the local mental health authority with 
the local substance abuse authority created in Part 2, Local Substance Abuse Authorities, 
and the local health department created in Title 26A, Chapter 1, Part 1, Local Health 
Department Act, to create a united local health department under Section 
26A-1-105.5
. 
A local mental health authority that joins with a united local health department shall 
comply with this part.
(5)
(a)
Each local mental health authority is accountable to the department and the state 
with regard to the use of state and federal funds received from those departments for 
mental health services, regardless of whether the services are provided by a private 
contract provider.
(b)
Each local mental health authority shall comply, and require compliance by its 
contract provider, with all directives issued by the department regarding the use and 
expenditure of state and federal funds received from those departments for the 
purpose of providing mental health programs and services. The department shall 
ensure that those directives are not duplicative or conflicting, and shall consult and 
coordinate with local mental health authorities with regard to programs and services.
(6)
(a)
Each local mental health authority shall:
(i)
review and evaluate mental health needs and services, including mental health 
needs and services for:
(A)
an individual incarcerated in a county jail or other county correctional facility; 
and
(B)
an individual who is a resident of the county and who is court ordered to 
receive assisted outpatient treatment under Section 
26B-5-351
;
(ii)
in accordance with 
Subsection (6)(b)
Subsections 
(6)(b)
 and (c)
, annually 
prepare and submit to the division a plan approved by the county legislative body 
for mental health funding and service delivery, either directly by the local mental 
health authority or by contract;
(iii)
establish and maintain, either directly or by contract, programs licensed under 
Title 26B, Chapter 2, Part 1, Human Services Programs and Facilities;
(iv)
appoint, directly or by contract, a full-time or part-time director for mental health 
programs and prescribe the director's duties;
(v)
provide input and comment on new and revised rules established by the division;
(vi)
establish and require contract providers to establish administrative, clinical, 
personnel, financial, procurement, and management policies regarding mental 
health services and facilities, in accordance with the rules of the division, and state 
and federal law;
(vii)
establish mechanisms allowing for direct citizen input;
(viii)
annually contract with the division to provide mental health programs and 
services in accordance with the provisions of Title 26B, Chapter 5, Health Care - 
Substance Use and Mental Health;
(ix)
comply with all applicable state and federal statutes, policies, audit requirements, 
contract requirements, and any directives resulting from those audits and contract 
requirements;
(x)
provide funding equal to at least 20% of the state funds that it receives to fund 
services described in the plan;
(xi)
comply with the requirements and procedures of Title 11, Chapter 13, Interlocal 
Cooperation Act, Title 17B, Chapter 1, Part 6, Fiscal Procedures for Special 
Districts, and Title 51, Chapter 2a, Accounting Reports from Political Subdivisions, 
Interlocal Organizations, and Other Local Entities Act; and
(xii)
take and retain physical custody of minors committed to the physical custody of 
local mental health authorities by a judicial proceeding under Title 26B, Chapter 
5, Part 4, Commitment of Persons Under Age 18.
(b)
Each plan under Subsection (6)(a)(ii) shall include services for adults, youth, and 
children, which shall include:
(i)
inpatient care and services;
(ii)
residential care and services;
(iii)
outpatient care and services;
(iv)
24-hour crisis care and services;
(v)
psychotropic medication management;
(vi)
psychosocial rehabilitation, including vocational training and skills development;
(vii)
case management;
(viii)
community supports, including in-home services, housing, family support 
services, and respite services;
(ix)
consultation and education services, including case consultation, collaboration 
with other county service agencies, public education, and public information; and
(x)
services to persons incarcerated in a county jail or other county correctional 
facility.
(c)
Each plan under Subsection 
(6)
(a)(ii) shall include, in a form and format usable by a 
first responder, an inclusive list of providers of mental health services for individuals 
within the local mental health authority's jurisdiction.
(7)
(a)
If a local mental health authority provides for a local mental health crisis line 
under the plan for 24-hour crisis care and services described in Subsection (6)(b)(iv), 
the local mental health authority shall:
(i)
collaborate with the statewide mental health crisis line described in Section 
26B-5-610
;
(ii)
ensure that each individual who answers calls to the local mental health crisis line:
(A)
is a mental health therapist or a crisis worker; and
(B)
meets the standards of care and practice established by the Division of 
Integrated Healthcare, in accordance with Section 
26B-5-610
; and
(iii)
ensure that when necessary, based on the local mental health crisis line's 
capacity, calls are immediately routed to the statewide mental health crisis line to 
ensure that when an individual calls the local mental health crisis line, regardless 
of the time, date, or number of individuals trying to simultaneously access the 
local mental health crisis line, a mental health therapist or a crisis worker answers 
the call without the caller first:
(A)
waiting on hold; or
(B)
being screened by an individual other than a mental health therapist or crisis 
worker.
(b)
If a local mental health authority does not provide for a local mental health crisis line 
under the plan for 24-hour crisis care and services described in Subsection (6)(b)(iv), 
the local mental health authority shall use the statewide mental health crisis line as a 
local crisis line resource.
(8)
Before disbursing any public funds, each local mental health authority shall require that 
each entity that receives any public funds from a local mental health authority agrees in 
writing that:
(a)
the entity's financial records and other records relevant to the entity's performance of 
the services provided to the mental health authority shall be subject to examination 
by:
(i)
the division;
(ii)
the local mental health authority director;
(iii)
(A)
the county treasurer and county or district attorney; or
(B)
if two or more counties jointly provide mental health services under an 
agreement under Subsection (3), the designated treasurer and the designated 
legal officer;
(iv)
the county legislative body; and
(v)
in a county with a county executive that is separate from the county legislative 
body, the county executive;
(b)
the county auditor may examine and audit the entity's financial and other records 
relevant to the entity's performance of the services provided to the local mental health 
authority; and
(c)
the entity will comply with the provisions of Subsection (5)(b).
(9)
A local mental health authority may receive property, grants, gifts, supplies, materials, 
contributions, and any benefit derived therefrom, for mental health services. If those 
gifts are conditioned upon their use for a specified service or program, they shall be so 
used.
(10)
Public funds received for the provision of services pursuant to the local mental health 
plan may not be used for any other purpose except those authorized in the contract 
between the local mental health authority and the provider for the provision of plan 
services.
(11)
A local mental health authority shall provide assisted outpatient treatment services to a 
resident of the county who has been ordered under Section 
26B-5-351
 to receive assisted 
outpatient treatment.
Section 5, Section 
17-53-223
 is amended to read:
17-53-223
. Ordinances -- Power to enact -- Penalty for violation.
(1)
A county legislative body may:
(a)
pass all ordinances and rules and make all regulations, not repugnant to law, 
necessary for carrying into effect or discharging the powers and duties conferred by 
this title, and as are necessary and proper to provide for the safety, and preserve the 
health, promote the prosperity, improve the morals, peace, and good order, comfort, 
and convenience of the county and its inhabitants, and for the protection of property 
in the county;
(b)
enforce obedience to ordinances with fines or penalties as the county legislative body 
considers proper; and
(c)
pass ordinances to control air pollution.
(2)
(a)
Punishment imposed under Subsection 
(1)(b)
 shall be by fine, not to exceed the 
maximum fine for a class B misdemeanor under Section 
76-3-301
, imprisonment, or 
both fine and imprisonment.
(b)
Notwithstanding Subsection 
(2)(a)
, a county may not impose a criminal penalty 
greater than an infraction for a violation pertaining to an individual's pet, as defined 
in Section 
4-12-102
, or an individual's use of the individual's residence unless:
(i)
the violation:
(A)
is a nuisance as
 that term is
 defined in 
Subsection 
78B-6-1101(1)
Section 
78B-6-1101
; and
(B)
threatens the health, safety, or welfare of the individual or an identifiable third 
party; or
(ii)
the county has imposed a fine on the individual for a violation that involves the 
same residence or pet on three previous occasions within the past 12 months.
(c)
Subsection 
(2)(b)
 does not apply to county enforcement of a building code or fire 
code ordinance in accordance with 
Title 15A, State Construction and Fire Codes Act
.
(d)
When a penalty for a violation of an ordinance includes any possibility of 
imprisonment, the county legislative body shall include in the ordinance a statement 
that the county is required, under Section 
78B-22-301
, to provide for indigent 
defense services, as that term is defined in Section 
78B-22-102
. 
(e)
Notwithstanding any other provision of law, the following may issue a criminal 
citation for a violation that is punished as a misdemeanor if the violation threatens the 
health and safety of an animal or the public:
(i)
a fire officer described in Section 
53-7-102
;
(ii)
a law enforcement officer described in Section 
53-13-103
; or
(iii)
an animal control officer described in Section 
11-46-102
.
(3)
(a)
Except as specifically authorized by statute, the county legislative body may not 
impose a civil penalty for the violation of a county traffic ordinance.
(b)
Subsection 
(3)(a)
 does not apply to an ordinance regulating the parking of vehicles 
on a highway.
(4)
A county may not issue more than one infraction within a 14-day period for a violation 
described in Subsection 
(2)(b)
 that is ongoing.
Section 6, Section 
26B-5-121
 is enacted to read:
26B-5-121
. Voluntary referrals to substance use and mental health services by 
first responders -- Immunity from liability -- Reporting -- Rulemaking.
(1)
As used in this section:
(a)
"First responder" means:
(i)
a law enforcement officer, as that term is defined in Section 
53-13-103
;
(ii)
emergency medical service personnel, as that term is defined in Section 
53-2d-101
;
(iii)
an emergency medical technician, as that term is defined in Section 
53-2e-101
;
(iv)
an advanced emergency medical technician, as that term is defined in Section 
53-2e-101
;
(v)
a firefighter, as that term is defined in Section 
53B-8c-102
; or
(vi)
a dispatcher, as that term is defined in Section 
53-6-102
.
(b)
"Local services list" means a comprehensive list of local substance use or mental 
health services, as described in Subsections 
17-43-201(5)(b)(iii)
 and 
17-43-301(6)(c)
.
(2)
As and when appropriate, a first responder is encouraged to offer a referral to substance 
use or mental health services to an individual who experiences an intentional or 
accidental overdose.
(3)
If an individual expresses interest in substance use or mental health services, a first 
responder may, as appropriate:
(a)
facilitate a real-time connection with an appropriate local service provider;
(b)
contact the statewide 988 crisis line for assistance; or
(c)
if the individual does not wish to speak with a service provider at that time, provide 
the individual with a physical copy of a local services list.
(4)
(a)
This section does not create a duty for a first responder to offer or provide a 
referral to substance use or mental health services.
(b)
A first responder and an employer of a first responder are not liable under this 
section for a first responder's action or failure to act in regards to offering or 
providing a referral to substance use or mental health services as described in this 
section.
(c)
This section does not affect any privilege or immunity from liability, exemption from 
law, ordinance, or rule, or any other benefit that applies to a first responder or an 
employer of a first responder.
(5)
(a)
If a first responder offers a referral to substance use or mental health services as 
described in this section, the first responder's employer shall report annually to the 
division the total number of individuals who accepted a referral from all first 
responders employed by the employer.
(b)
The division shall make rules, in accordance with Title 63G, Chapter 3, Utah 
Administrative Rulemaking Act, specifying how the reports required by Subsection 
(5)(a)
 shall be submitted.
Section 7, Section 
26B-7-117
 is amended to read:
26B-7-117
. Syringe exchange and education.
(1)
The following may operate a syringe exchange program in the state to prevent the 
transmission of disease
 and
,
 reduce morbidity and mortality
, and facilitate access to 
treatment and recovery services
 among individuals who inject drugs, and those 
individuals' contacts:
(a)
a government entity, including:
(i)
the department;
(ii)
a local health department; or
(iii)
a local substance abuse authority, as defined in Section 
26B-5-101
;
(b)
a nongovernment entity, including:
(i)
a nonprofit organization; or
(ii)
a for-profit organization; or
(c)
any other entity that complies with Subsections (2) and 
(3)
(4)
.
(2)
An entity operating a syringe exchange program in the state shall:
(a)
facilitate the exchange of an individual's used syringe for one or more new syringes 
in sealed sterile packages;
(b)
ensure that a recipient of a new syringe is given verbal and written instruction on:
(i)
methods for preventing the transmission of blood-borne diseases, including 
hepatitis C and human immunodeficiency virus; and
(ii)
options for obtaining:
(A)
services for the treatment of a substance use disorder;
(B)
testing for a blood-borne disease; and
(C)
an opiate antagonist
, as that term is defined in Section 
26B-4-501
; and
(c)
report annually to the department the following information about the program's 
activities:
(i)
the number of individuals who have exchanged syringes;
(ii)
the number of used syringes exchanged for new syringes;
 and
(iii)
the number of new syringes provided in exchange for used syringes
.
;
(iv)
information the program provided to individuals about recovery and treatment 
resources; and
(v)
of the individuals who have exchanged syringes, the number of individuals who 
received services for the treatment of a substance use disorder within 12 months 
of exchanging syringes.
(3)
A person that is licensed by the department to provide residential treatment for a 
substance use disorder shall include as part of the person's admissions materials a 
question asking whether the individual seeking treatment has ever received services 
from a syringe exchange program.
(3)
(4)
The department shall make rules, in accordance with Title 63G, Chapter 3, Utah 
Administrative Rulemaking Act, 
as necessary or advisable to implement the provisions 
of this section, including rules:
(a)
specifying requirements for:
(i)
syringe distribution;
(ii)
data collection; and
(iii)
the evaluation of an entity operating a syringe exchange program to ensure 
compliance with applicable statutes and rules; and
(b)
specifying how and when an entity operating a syringe exchange program shall make 
the report required by Subsection (2)(c).
(5)
An entity operating a syringe exchange program may not facilitate the exchange of 
syringes at a homeless shelter, as that term is defined in Section 
35A-16-501
, or 
permanent supportive housing.
Section 8, Section 
58-17b-309.7
 is amended to read:
58-17b-309.7
. Opioid treatment program -- Mobile medication assisted 
treatment units.
(1)
As used in this section:
(a)
"Covered provider" means an individual who is licensed to engage in:
(i)
the practice of advanced practice registered nursing as defined in Section 
58-31b-102
;
(ii)
the practice of registered nursing as defined in Section 
58-31b-102
; or
(iii)
practice as a physician assistant as defined in Section 
58-70a-102
.
(b)
"Mobile unit" means a mobile unit that provides medication, such as buprenorphine, 
methadone, or naltrexone, to treat substance use withdrawal symptoms or a substance 
use disorder.
(b)
(c)
"Opioid treatment program" means a program or practitioner that is:
(i)
engaged in dispensing an opiate medication assisted treatment for opioid use 
disorder;
(ii)
registered under 21 U.S.C. Sec. 823(g)(1);
(iii)
licensed by the Division of Licensing and Background Checks within the 
Department of Health and Human Services created in Section 
26B-2-103
; and
(iv)
certified by the federal Substance Abuse and Mental Health Services 
Administration in accordance with 42 C.F.R. 8.11.
(2)
A covered provider may dispense opiate medication assisted treatment at an opioid 
treatment program if the covered provider:
(a)
is operating under the direction of a pharmacist;
(b)
dispenses the opiate medication assisted treatment under the direction of a 
pharmacist; and
(c)
acts in accordance with division 
rule
rules
 made under Subsection 
(3)
(4)
.
(3)
(a)
An opioid treatment program may operate one or more mobile units to serve 
individuals without a fixed address and other individuals as appropriate.
(b)
A mobile unit shall operate as an extension of, and under the registration, license, 
and certification held by, the opioid treatment program.
(c)
The pharmacist-in-charge who is responsible for directing the operation of the opioid 
treatment program shall determine the number of mobile units that may be operated 
as an extension of the opioid treatment program.
(d)
A covered provider may dispense prescription medication assisted treatment only:
(i)
pursuant to a valid prescription; and
(ii)
in compliance with the requirements described in Subsection 
(2)
.
(e)
Medication may not be left in a mobile unit during the hours that the mobile unit is 
not in operation.
(f)
An opioid treatment program that intends to operate a mobile unit shall notify the 
division and board of that intention as soon as possible, but not later than one 
business day before the mobile unit begins operating.
(g)
An opioid treatment program that intends to discontinue operation of a mobile unit 
shall notify the division and board of that intention as soon as possible, but not later 
than one business day before the mobile unit discontinues operating.
(h)
The Department of Health and Human Services may make rules, in accordance with 
Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and consistent with this 
section, to establish requirements for the operation of a mobile unit.
(3)
(4)
The division shall, in consultation with practitioners who work in an opioid 
treatment program, make rules in accordance with Title 63G, Chapter 3, Utah 
Administrative Rulemaking Act, to establish guidelines under which a covered provider 
may dispense opiate medication assisted treatment to a patient in an opioid treatment 
program under this section.
Section 9, 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)
(1)(c)(iii)
, 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)
(1)(c)(ii)
 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
, that is not a firearm, in an angry, threatening, intimidating, 
or coercive manner;
(B)
used a firearm or had a firearm readily accessible for immediate use, as those 
terms are defined in Section 
76-10-501
; or
(C)
distributed a firearm, as that term is defined in Section 
76-10-501
, 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 
to 
knowingly and intentionally 
to permit 
them to be occupied by persons unlawfully possessing, using, or distributing 
controlled substances in any of those locations
permit a person to occupy the 
building, room, tenement, vehicle, boat, aircraft, or other place while the person is 
unlawfully manufacturing, possessing, using, or distributing a controlled 
substance at that location
; 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)
(i)
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)
(ii)
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)
(iii)
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
;
(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 10, Section 
76-10-801
 is amended to read:
76-10-801
. Definitions.
(1)
A nuisance is any item, thing, manner, condition whatsoever that is dangerous to 
human life or health or renders soil, air, water, or food impure or unwholesome.
As used 
in this part:
(1)
"Controlled substance" means the same as that term is defined in Section 
58-37-2
.
(2)
"Nuisance" means an item, thing, manner, or condition that:
(a)
is dangerous to human life or health; or
(b)
renders soil, air, water, or food impure or unwholesome.
(2)
Any person, whether as owner, agent, or occupant who creates, aids in creating, or 
contributes to a nuisance, or who supports, continues, or retains a nuisance, is guilty of a 
class B misdemeanor.
(3)
(a)
"Supervised drug consumption site" means a facility or premises operated or 
intended to provide an environment for the unlawful use of a controlled substance.
(b)
"Supervised drug consumption site" does not include a facility or premises that 
provides or facilitates:
(i)
an opioid treatment program, as that term is defined in Section 
58-17b-309.7
; or
(ii)
the use of medication pursuant to a medication assisted treatment plan, as that 
term is defined in Section 
64-13-25.1
.
Section 11, Section 
76-10-803
 is amended to read:
76-10-803
. "Public nuisance" defined -- Agricultural operations -- Critical 
infrastructure materials operations.
(1)
A public nuisance is a crime against the order and economy of the state and consists in 
unlawfully doing any act or omitting to perform any duty, which act or omission:
(a)
annoys, injures, or endangers the comfort, repose, health, or safety of three or more 
persons;
(b)
offends public decency;
(c)
unlawfully interferes with, obstructs, or tends to obstruct, or renders dangerous for 
passage, any lake, stream, canal, or basin, or any public park, square, street, or 
highway;
(d)
is a nuisance as described in Section 
78B-6-1107
; or
(e)
in any way renders three or more persons insecure in life or the use of property.
(2)
An act which affects three or more persons in any of the ways specified in this section is 
still a nuisance regardless of the extent to which the annoyance or damage inflicted on 
individuals is unequal.
(3)
(a)
Activities conducted in the normal and ordinary course of agricultural operations, 
as defined in Section 
4-44-102
, and conducted in accordance with sound agricultural 
practices are presumed to be reasonable and not constitute a public nuisance under 
Subsection 
(1)
.
(b)
Agricultural operations undertaken in conformity with federal, state, and local laws 
and regulations, including zoning ordinances, are presumed to be operating within 
sound agricultural practices.
(4)
(a)
Activities conducted in the normal and ordinary course of critical infrastructure 
materials operations, as 
that term is 
defined in 
Subsection 
78B-6-1101(8)
Section 
78B-6-1101
, and conducted in accordance with sound critical infrastructure materials 
practices are presumed to be reasonable and not constitute a public nuisance under 
Subsection 
(1)
.
(b)
Critical infrastructure materials operations undertaken in conformity with federal, 
state, and local laws and regulations, including zoning ordinances, are presumed to be 
operating within sound critical infrastructure materials operations.
Section 12, Section 
76-10-803.1
 is enacted to read:
76-10-803.1
. Maintenance of a drug-involved premises.
(1)
Terms defined in Sections 
76-1-101.5
 and 
76-10-801
 apply to this section.
(2)
An actor commits maintenance of a drug-involved premises if the actor knowingly:
(a)
opens, leases, rents, uses, or maintains any facility or premises, whether permanently 
or temporarily, for the purpose of the unlawful manufacturing, distributing, or using 
any controlled substance;
(b)
(i)
manages or controls any facility or premises, whether permanently or 
temporarily, as an owner, tenant, lessee, agent, employee, occupant, or mortgagee; 
and
(ii)
intentionally rents, leases, profits from, or makes available for use, with or 
without compensation, the facility or premises for the purpose of unlawfully 
manufacturing, storing, distributing, or using a controlled substance;
(c)
operates a supervised drug consumption site; or
(d)
as an owner, tenant, lessee, agent, employee, occupant, or mortgagee, intentionally 
opens, rents, leases, profits from, maintains, or makes available for use, with or 
without compensation, any premises for the purpose of operating a supervised drug 
consumption site.
(3)
A violation of Subsection 
(2)
 is a second degree felony.
Section 13, Section 
78B-6-1101
 is amended to read:
78B-6-1101
. Definitions -- Nuisance -- Agriculture operations.
(1)
A nuisance is anything that is injurious to health, indecent, offensive to the senses, or 
an obstruction to the free use of property, so as to interfere with the comfortable 
enjoyment of life or property. 
As used in this part:
(a)
"Controlled substance" means the same as that term is defined in Section 
58-37-2
.
(b)
"Critical infrastructure materials operations" means the same as that term is defined 
in Section 
10-9a-901
.
(c)
"Manufacturing facility" means a factory, plant, or other facility including its 
appurtenances, where the form of raw materials, processed materials, commodities, 
or other physical objects is converted or otherwise changed into other materials, 
commodities, or physical objects or where such materials, commodities, or physical 
objects are combined to form a new material, commodity, or physical object.
(d)
"Nuisance" means anything that is injurious to health, indecent, offensive to the 
senses, or an obstruction to the free use of property, so as to interfere with the 
comfortable enjoyment of life or property.
(e)
(i)
"Possession or use" means the joint or individual ownership, control, 
occupancy, holding, retaining, belonging, maintaining, or the application, 
inhalation, swallowing, injection, or consumption, as distinguished from 
distribution, of a controlled substance, and includes individual, joint, or group 
possession or use of a controlled substance.
(ii)
For a person to be a possessor or user of a controlled substance, it is not required 
that the person be shown to have individually possessed, used, or controlled the 
substance, but it is sufficient if it is shown that the person jointly participated with 
one or more persons in the use, possession, or control of a controlled substance 
with knowledge that the activity was occurring, or the controlled substance is 
found in a place or under circumstances indicating that the person had the ability 
and the intent to exercise dominion and control over it.
(2)
A nuisance may be the subject of an action.
(2)
(3)
A nuisance may include the following:
(a)
drug houses and drug dealing as provided in Section 
78B-6-1107
;
(b)
gambling as provided in 
Title 76, Chapter 10, Part 11, Gambling
;
(c)
criminal activity committed in concert with three or more persons as provided in 
Section 
76-3-203.1
;
(d)
criminal activity 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 committed to gain recognition, acceptance, membership, or 
increased status with a criminal street gang as defined in Section 
76-9-802
;
(f)
party houses that frequently create conditions defined in Subsection 
(1)
; and
(1)(d);
(g)
prostitution as provided in 
Title 76, Chapter 10, Part 13, Prostitution
.
; or
(h)
the unlawful discharge of a firearm as provided in state or local law.
(3)
(4)
A nuisance under this part includes
:
(a)
tobacco smoke that drifts into a residential unit a person rents, leases, or owns, from 
another residential or commercial unit and the smoke:
(a)
(i)
drifts in more than once in each of two or more consecutive seven-day 
periods; and
(b)
(ii)
creates any of the conditions 
under
described in
 Subsection 
(1)
.
(1)(d); or
(b)
fumes resulting from the unlawful manufacturing or the unlawful possession or use 
of a controlled substance that drift into a residential unit a person rents, leases, or 
owns, from another residential or commercial unit.
(4)
(5)
Subsection 
(3)
(4)(a)
 does not apply to:
(a)
a residential rental unit available for temporary rental, such as for a vacation, or 
available for only 30 or fewer days at a time; or
(b)
a hotel or motel room.
(5)
(6)
Subsection 
(3)
(4)(a)
 does not apply to a unit that is part of a timeshare 
development, as defined in Section 
57-19-2
, or subject to a timeshare interest as defined 
in Section 
57-19-2
.
(6)
An action may be brought by a person whose property is injuriously affected, or whose 
personal enjoyment is lessened by the nuisance.
(7)
An action for nuisance against an agricultural operation is governed by 
Title 4, Chapter 
44, Agricultural Operations Nuisances Act
.
(8)
"Critical infrastructure materials operations" means the same as that term is defined in 
Section 
10-9a-901
.
(9)
"Manufacturing facility" means a factory, plant, or other facility including its 
appurtenances, where the form of raw materials, processed materials, commodities, or 
other physical objects is converted or otherwise changed into other materials, 
commodities, or physical objects or where such materials, commodities, or physical 
objects are combined to form a new material, commodity, or physical object.
Section 14, Section 
78B-6-1102
 is amended to read:
78B-6-1102
. Right of action -- Remedies -- Jurisdiction for enforcement.
(1)
An action 
for nuisance 
may be brought 
before a court with jurisdiction 
by any person 
whose property is injuriously affected, or whose personal enjoyment is lessened by the 
nuisance.
(2)
Upon judgment, the 
nuisance may be enjoined or abated, and damages may be 
recovered.
court may, in addition to any other relief the court considers just and proper:
(a)
award damages;
(b)
order the nuisance to be enjoined or abated, which may include:
(i)
requiring a defendant to make repairs to the nuisance property or property that is 
injuriously affected by the nuisance;
(ii)
requiring a defendant to:
(A)
install and maintain secure locks on the nuisance property's doors or windows;
(B)
provide security personnel or video surveillance monitoring of the nuisance 
property; or
(C)
install and maintain lighting in and around common areas; or
(iii)
abatement by eviction as provided in this part;
(c)
grant declaratory relief as described in Part 4, Declaratory Judgments; or
(d)
award costs and reasonable attorney fees to the prevailing party as described in 
Section 
76B-6-1114
.
(3)
A court that issues a judgment or order under this part retains jurisdiction to enforce the 
judgment or order.
Section 15, Section 
78B-6-1102.5
 is amended to read:
78B-6-1102.5
. Violation of order enjoining a nuisance -- Civil penalty.
A person who knowingly violates any judgment or order abating or 
otherwise 
enjoining a nuisance
,
 as
 that term is
 defined 
under
in
 Section 
78B-6-1101
:
(1)
is guilty of a class B misdemeanor
.
; and
(2)
is subject to a civil penalty of $50 per day for each day that the nuisance continues in 
violation of the order.
Section 16, Section 
78B-6-1103
 is amended to read:
78B-6-1103
. Manufacturing facility in operation over three years -- Limited 
application of restrictions.
(1)
(a)
Notwithstanding Sections 
76-10-803
 and 
78B-6-1101
, a manufacturing facility
 or 
operation
 may not be considered a nuisance
, private or public, by virtue
 because
 of 
any changed circumstance in land uses near the facility 
after it
if:
(i)
the manufacturing facility 
has been in operation for more than three years
 if
; and
(ii)
the manufacturing facility
 or operation
 was not a nuisance at the time it began 
operation. 
(b)
The manufacturing facility may not increase the condition asserted to be a nuisance. 
(c)
The provisions of this Subsection 
(1)
 do not apply if a nuisance results from the 
negligent or improper operation of a manufacturing facility.
(2)
The provisions of Subsection 
(1)
 may not affect or defeat 
Nothing in this section 
affects 
the right of 
any
a
 person to recover damages for 
any 
injuries or damage 
sustained 
because of any pollution of, or change in the condition of,
as a result of the 
pollution or change in the conditions of
 the waters of 
any
a
 stream or 
the 
overflow of 
the lands of any person.
(3)
(a)
Any and all ordinances now or in the future adopted by any county or municipal 
corporation in which a manufacturing facility is located and which makes its 
operation a nuisance or providing for an abatement as a nuisance in the circumstances 
set forth in this section are null and void. 
(b)
The provisions of this Subsection 
(3)
 may not apply whenever a nuisance results 
from the negligent or improper operation of a manufacturing facility.
Section 17, Section 
78B-6-1106
 is amended to read:
78B-6-1106
. Rental units -- Tobacco smoke -- Drug fumes.
(1)
There is no cause of action for a nuisance under Subsection 
78B-6-1101(3)
78B-6-1101(4)
(a)
 if the rental, lease, restrictive covenant, or purchase agreement for the 
unit states in writing that:
(a)
tobacco 
smoking is allowed in other units, either residential or commercial, and that 
tobacco smoke from those units may drift into the unit that is subject to the 
agreement; and
(b)
by signing the agreement the renter, lessee, or buyer acknowledges he has been 
informed that tobacco smoke may drift into the unit he is renting, leasing, or 
purchasing, and he waives any right to a cause of action for a nuisance under 
Subsection 
78B-6-1101(3)
78B-6-1101(4)
.
(2)
A cause of action for a nuisance under Subsection 
78B-6-1101(3)
78B-6-1101(4)(a)
may be brought against:
(a)
the individual generating the tobacco smoke;
(b)
the renter or lessee who permits or fails to control the generation of tobacco smoke, 
in violation of the terms of the rental or lease agreement, on the premises 
he
the 
renter or lessee
 rents or leases; or
(c)
the landlord, but only if:
(i)
the terms of the renter's or lessee's contract provide the unit will not be subject to 
the nuisance of drifting tobacco smoke;
(ii)
the complaining renter or lessee has provided to the landlord a statement in 
writing indicating that tobacco smoke is creating a nuisance in the renter's or 
lessee's unit; and
(iii)
the landlord knowingly allows the continuation of a nuisance under Subsection 
78B-6-1101(3)
78B-6-1101(4)
 after receipt of written notice under Subsection 
(2)(c)(ii)
, and in violation of the terms of the rental or lease agreement under 
Subsection 
(2)(c)(i)
.
(3)
A cause of action for nuisance under Subsection 
78B-6-1101(4)
(b) may be brought 
against:
(a)
an individual who generates fumes by the unlawful manufacturing or the unlawful 
possession or use of a controlled substance;
(b)
a renter or lessee who permits or fails to control the generation of fumes from the 
unlawful manufacturing or the unlawful possession or use of a controlled substance 
on the premises the renter or lessee rents or leases; or
(c)
a landlord, but only if:
(i)
the complaining renter or lessee has provided to the landlord a statement in 
writing indicating that fumes from the unlawful manufacturing or the unlawful 
possession or use of a controlled substance are creating a nuisance in the renter's 
or lessee's unit; and
(ii)
the landlord knowingly allows the continuation of a nuisance under Subsection 
78B-6-1101(4)
(b) after receipt of written notice under Subsection 
(3)(c)
(i).
Section 18, 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 -- Discharge of a firearm -- 
Defense.
(1)
Every building or place is a nuisance where:
(a)
the unlawful sale, manufacture, service, storage, distribution, dispensing, 
or 
acquisition
, or use
 occurs of any controlled substance, precursor, or analog 
specified
described
 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 
that 
term is 
defined in Subsection 
78B-6-1101(1)
;
(c)
criminal activity is committed in concert with three or more persons as 
provided
described
 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 
that term is 
defined in Subsection 
78B-6-1101(1)
;
(g)
prostitution or promotion of prostitution is regularly carried on by one or more 
persons as 
provided
described
 in 
Title 76, Chapter 10, Part 13, Prostitution
;
 and
(h)
a violation of 
Title 76, Chapter 10, Part 5, Weapons
, occurs on the premises
.
;
(i)
the unlawful discharge of a firearm, as provided in state or local law, occurs on the 
premises; and
(j)
human trafficking occurs as described in Title 76, Chapter 5, Part 3, Kidnapping, 
Trafficking, and Smuggling.
(2)
It is a defense to nuisance under Subsection 
(1)(a)
 if the defendant can prove that the 
defendant is lawfully entitled to 
the 
possession
 or use
 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)
.
(3)
Evidence of a previous conviction for a crime described in Subsection 
(1)
 may not be 
used in an action for nuisance under this part.
Section 19, Section 
78B-6-1108
 is amended to read:
78B-6-1108
. Nuisance -- Abatement by eviction.
(1)
Whenever there is reason to believe that a nuisance under Sections 
78B-6-1107
 through 
78B-6-1114
 is kept, maintained, or exists in any county, the county attorney of the 
county, the city attorney of any incorporated city, any citizen or citizens of the state 
residing in the county, or any 
corporation, partnership
person
 or business doing 
business in the county, in 
his or 
their own 
name or 
names, may 
maintain
bring
 an 
action 
for abatement by eviction 
in a court 
of competent
with
 jurisdiction
 to abate the 
nuisance and obtain an order for the automatic eviction of the tenant
.
(2)
The court may designate a spokesperson 
of any
from a
 group of citizens who would 
otherwise have the right to maintain an action in their individual names against the 
defendant under this section.
Section 20, Section 
78B-6-1109
 is amended to read:
78B-6-1109
. Abatement by eviction order -- Grounds.
An order of abatement by eviction may issue only upon a showing by the applicant
A 
court shall issue an order of abatement by eviction if the applicant shows,
 by a preponderance 
of the evidence
,
 that:
(1)
the applicant will suffer irreparable harm unless the order of abatement by eviction 
issues;
(2)
the threatened injury to the applicant outweighs 
whatever
any
 damage the proposed 
order of abatement by eviction may cause the party 
so ordered
to be evicted
;
(3)
the order of abatement by eviction
, if issued,
 would not be adverse to the public 
interest; and
(4)
there is a substantial likelihood that
:
(a)
the applicant will prevail on the merits of the underlying claim
,
;
 or 
(b)
the case presents serious issues on the merits which should be the subject of further 
litigation.
Section 21, Section 
78B-6-1110
 is amended to read:
78B-6-1110
. Prior acts or threats of violence -- Protection of applicant or witness.
At the time of application for abatement of 
the
a
 nuisance by eviction pursuant to 
Sections 
78B-6-1108
 and 
78B-6-1109
, if proof of the existence of the nuisance depends, in 
whole or in part, upon the affidavits of witnesses who are not peace officers, upon a showing 
of prior threats of violence or acts of violence by any defendant or other person
,
 upon a 
showing of good cause
 the court may issue 
orders to protect those witnesses, including,
an 
order to protect the applicant or, if proof of the existence of the nuisance depends in whole or 
in part upon the affidavit of a witness who is not a peace officer, the witness, which order may 
include
 nondisclosure of the name, address, or any other information which may identify 
those witnesses.
the individual protected by the order.
Section 22, Section 
78B-6-1111
 is amended to read:
78B-6-1111
. Landlord, owner, or designated agent -- Necessary party -- 
Automatic eviction.
(1)
A landlord, owner, or designated agent is a necessary party defendant in a nuisance 
action under Sections 
78B-6-1107
 through 
78B-6-1114
 for entry of an order to abate the 
nuisance by eviction where the acts complained of are those of 
third parties
a third party
upon the premises of the landlord, owner, or designated agent.
(2)
In the presence of the applicant, the tenant and the landlord, owner, or designated agent 
at 
At 
the court's hearing on the action to abate the nuisance by eviction, the court shall 
notify the necessary parties
 of its finding that
, including the applicant, the tenant, and 
the landlord, owner, or designated agent, if
:
(a)
the court finds that 
a nuisance exists as 
defined
described
 in Section 
78B-6-1107
; 
and
(b)
as a result, the court is issuing an order to evict the tenant subject to compliance with 
the security requirement in Section 
78B-6-1112
.
(3)
In all cases, including default judgments, the order of abatement by eviction may be 
issued and enforced immediately.
Section 23, Section 
78B-6-1112
 is amended to read:
78B-6-1112
. Security requirement -- Amount not a limitation -- Jurisdiction over 
surety.
(1)
(a)
The court shall condition issuance of 
the
an
 order of abatement by eviction on the 
giving of security by the applicant, in such sum and form as the court determines 
proper, unless
:
(i)
it appears
the court determines
 that none of the parties will incur or suffer costs, 
attorney fees, or damage as the result of any wrongful order of abatement by 
eviction
, or
;
(ii)
unless
the court determines that
 there exists some 
other 
substantial reason for 
dispensing with the requirement of security
.
; or
(iii)
the applicant has proved, by a preponderance of the evidence, the existence of a 
nuisance described in Section 
78B-6-1107
.
(b)
No such security shall
Security described in Subsection 
(1)(a)
 may not
 be required
:
(i)
of the United States, the 
State of Utah
state
, or 
of 
an officer, agency, or 
subdivision of 
either; nor shall it be required
the United States or the state; or
(ii)
when 
it is 
prohibited by law.
(2)
The amount of security 
shall not establish or
may not
 limit the 
amount of costs, 
including
award of:
(a)
reasonable attorney fees
 or costs
 incurred in connection with the order of abatement 
by eviction
,
;
 or 
(b)
damages that may be awarded to a party who is found to have been wrongfully 
evicted.
(3)
(a)
A surety upon a bond or undertaking under this section submits to the jurisdiction 
of the court and irrevocably appoints the clerk of the court as agent upon whom any 
papers affecting the surety's liability on the bond or undertaking may be served. 
(b)
The surety's liability may be enforced on motion without the necessity of an 
independent action. 
(c)
The motion and such notice of the motion as the court prescribes may be served on 
the clerk of the court who shall immediately 
mail copies to the persons giving the 
security if their addresses are known
provide a copy to the applicant or other person 
giving the security by the means established at the time of the application
.
(4)
The plaintiff, upon demand,
Upon request, the applicant
 shall be granted a hearing to 
be held 
prior to the expiration of
no later than
 three days from the date the defendant is 
served with notice of the 
plaintiff's
applicant's
 giving of security
,
 as 
provided
described
in Subsection 
78B-6-1112(1)
(1)
.
Section 24, Section 
78B-6-1113
 is amended to read:
78B-6-1113
. Evidence of nuisance.
In any action for abatement by eviction instituted pursuant to Sections 
78B-6-1107
through 
78B-6-1114
In an action for nuisance or abatement by eviction
, all evidence 
otherwise 
authorized by law, including evidence of reputation in a community, is admissible 
to prove the existence of a nuisance 
or the elements required for an order of abatement by 
eviction 
by a preponderance of the evidence.
Section 25, Section 
78B-6-1114
 is amended to read:
78B-6-1114
. Award of costs and attorney fees.
(1)
The court may award costs, including the costs of investigation and discovery, and 
reasonable attorney fees, which are not compensated for pursuant to some other 
provision of law, to the prevailing party in any case in which 
a governmental agency, 
private citizen or citizens, corporation, partnership, or business seeks to abate the 
nuisance by eviction in or upon any building or place where the nuisance occurs as 
provided in Section 
78B-6-1107
a party brings an action to abate a nuisance under this 
part
.
(2)
The court may award costs, including the costs of investigation and discovery, and 
reasonable attorney fees against a defendant landlord, owner, or designated agent only 
when the court finds that the defendant landlord, owner, or designated agent had actual 
notice of the nuisance action and willfully failed to take reasonable action within a 
reasonable time to abate the nuisance.
Section 26, 
Repealer.
Tobacco smoke -- Legislative intent.
Section 27. 
Effective Date.
This bill takes effect on 
May 7, 2025
.
Section 28. 
Coordinating H.B. 199 with H.B. 355.
If H.B. 199, Substance Use Treatment and Enforcement Amendments, and H.B. 355, 
Critical Infrastructure Materials Amendments, both pass and become law, the Legislature 
intends that, on May 7, 2025, the following language replace Subsection 
78B-6-1101(1)(b)
enacted in H.B. 199:
""Critical infrastructure materials operations" means the same as the term "critical 
infrastructure materials use" is defined in Section 
10-9a-901
.".
3-12-25 11:31 AM