Utah 2023 Regular Session

Utah House Bill HB0536 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	H.B. 536
2	2	LEGISLATIVE GENERAL COUNSEL
3	3	6 Approved for Filing: J.V. Hulten 6
4	4	6 02-21-23 11:30 AM 6
5	5	H.B. 536
6	6	1 STUDENT DRUG POSSESSI ON AMENDMENTS
7	7	2 2023 GENERAL SESSION
8	8	3 STATE OF UTAH
9	9	4 Chief Sponsor: Douglas R. Welton
10	10	5 Senate Sponsor: ____________
11	11	6
12	12	7LONG TITLE
13	13	8General Description:
14	14	9 This bill addresses public education discipline policies related to the possession or use
15	15	10of tobacco, electronic cigarette, or nicotine products.
16	16	11Highlighted Provisions:
17	17	12 This bill:
18	18	13 <requires a local education agency (LEA) to amend the LEA's conduct and discipline
19	19	14policies to address the possession or use of certain tobacco or nicotine products;
20	20	15 <allows a school to issue a citation to a student who possesses a tobacco product, an
21	21	16electronic cigarette product, or a nicotine product on school property; and
22	22	17 <makes technical changes.
23	23	18Money Appropriated in this Bill:
24	24	19 None
25	25	20Other Special Clauses:
26	26	21 None
27	27	22Utah Code Sections Affected:
28	28	23AMENDS:
29	29	24 53G-8-203, as last amended by Laws of Utah 2020, Chapter 161
30	30	25 53G-8-211, as last amended by Laws of Utah 2021, Chapters 262, 359 and further
31	31	26amended by Revisor Instructions, Laws of Utah 2021, Chapter 359
32	32	27 76-10-105, as last amended by Laws of Utah 2021, Chapter 262
33	33	HB0536 H.B. 536 02-21-23 11:30 AM
34	34	- 2 -
35	35	28
36	36	29Be it enacted by the Legislature of the state of Utah:
37	37	30 Section 1. Section 53G-8-203 is amended to read:
38	38	31 53G-8-203. Conduct and discipline policies and procedures.
39	39	32 (1) The conduct and discipline policies required under Section 53G-8-202 shall
40	40	33include:
41	41	34 (a) provisions governing student conduct, safety, and welfare;
42	42	35 (b) standards and procedures for dealing with students who cause disruption in the
43	43	36classroom, on school grounds, on school vehicles, or in connection with school-related
44	44	37activities or events;
45	45	38 (c) procedures for the development of remedial discipline plans for students who cause
46	46	39a disruption at any of the places referred to in Subsection (1)(b);
47	47	40 (d) procedures for the use of reasonable and necessary physical restraint in dealing with
48	48	41students posing a danger to themselves or others, consistent with Section 53G-8-302;
49	49	42 (e) standards and procedures for dealing with student conduct in locations other than
50	50	43those referred to in Subsection (1)(b), if the conduct threatens harm or does harm to:
51	51	44 (i) the school;
52	52	45 (ii) school property;
53	53	46 (iii) a person associated with the school; or
54	54	47 (iv) property associated with a person described in Subsection (1)(e)(iii);
55	55	48 (f) procedures for the imposition of disciplinary sanctions, including suspension and
56	56	49expulsion;
57	57	50 (g) specific provisions, consistent with Section 53E-3-509, for preventing and
58	58	51responding to gang-related activities in the school, on school grounds, on school vehicles, or in
59	59	52connection with school-related activities or events;
60	60	53 (h) standards and procedures for dealing with habitual disruptive or unsafe student
61	61	54behavior in accordance with the provisions of this part; and
62	62	55 (i) procedures for responding to reports received through the SafeUT Crisis Line under
63	63	56Subsection 53B-17-1202(3).
64	64	57 (2) (a) Each local school board shall establish a policy on detaining students after
65	65	58regular school hours as a part of the district-wide discipline plan required under Section 02-21-23 11:30 AM H.B. 536
66	66	- 3 -
67	67	5953G-8-202.
68	68	60 (b) (i) The policy described in Subsection (2)(a) shall apply to elementary school
69	69	61students, grades kindergarten through 6.
70	70	62 (ii) The local school board shall receive input from teachers, school administrators, and
71	71	63parents of the affected students before adopting the policy.
72	72	64 (c) The policy described in Subsection (2)(a) shall provide for:
73	73	65 (i) notice to the parent of a student prior to holding the student after school on a
74	74	66particular day; and
75	75	67 (ii) exceptions to the notice provision if detention is necessary for the student's health
76	76	68or safety.
77	77	69 (3) (a) Each LEA shall adopt a policy for responding to possession or use of [electronic
78	78	70cigarette products] a tobacco product, an electronic cigarette product, or a nicotine product by a
79	79	71student on school property.
80	80	72 (b) The policy described in Subsection (3)(a) shall:
81	81	73 (i) prohibit students from possessing or using [electronic cigarette products] a tobacco
82	82	74product, an electronic cigarette product, or a nicotine product on school property;
83	83	75 (ii) include policies or procedures for the confiscation or surrender of [electronic
84	84	76cigarette products; and] a tobacco product, an electronic cigarette product, or a nicotine
85	85	77product;
86	86	78 (iii) require a school administrator or school administrator's designee to dispose of or
87	87	79destroy a confiscated [electronic cigarette product.] tobacco product, an electronic cigarette
88	88	80product, or a nicotine product; and
89	89	81 (iv) include policies and procedures for issuing a citation in accordance with Section
90	90	8253G-8-211.
91	91	83 (c) Notwithstanding Subsection (3)(b)(iii), an LEA may release a confiscated electronic
92	92	84cigarette product to local law enforcement if:
93	93	85 (i) a school official has a reasonable suspicion that a confiscated electronic cigarette
94	94	86product contains an illegal substance; and
95	95	87 (ii) local law enforcement requests that the LEA release the confiscated electronic
96	96	88cigarette product to local law enforcement as part of an investigation or action.
97	97	89 Section 2. Section 53G-8-211 is amended to read: H.B. 536 02-21-23 11:30 AM
98	98	- 4 -
99	99	90 53G-8-211. Responses to school-based behavior.
100	100	91 (1) As used in this section:
101	101	92 (a) "Evidence-based" means a program or practice that has:
102	102	93 (i) had multiple randomized control studies or a meta-analysis demonstrating that the
103	103	94program or practice is effective for a specific population;
104	104	95 (ii) been rated as effective by a standardized program evaluation tool; or
105	105	96 (iii) been approved by the state board.
106	106	97 (b) "Habitual truant" means a school-age child who:
107	107	98 (i) is in grade 7 or above, unless the school-age child is less than 12 years old;
108	108	99 (ii) is subject to the requirements of Section 53G-6-202; and
109	109	100 (iii) (A) is truant at least 10 times during one school year; or
110	110	101 (B) fails to cooperate with efforts on the part of school authorities to resolve the
111	111	102school-age child's attendance problem as required under Section 53G-6-206.
112	112	103 (c) "Minor" means the same as that term is defined in Section 80-1-102.
113	113	104 (d) "Mobile crisis outreach team" means the same as that term is defined in Section
114	114	10562A-15-102.
115	115	106 (e) "Prosecuting attorney" means the same as that term is defined in Subsections
116	116	10780-1-102(58)(b) and (c).
117	117	108 (f) "Restorative justice program" means a school-based program or a program used or
118	118	109adopted by a local education agency that is designed:
119	119	110 (i) to enhance school safety, reduce school suspensions, and limit referrals to law
120	120	111enforcement agencies and courts; and
121	121	112 (ii) to help minors take responsibility for and repair harmful behavior that occurs in
122	122	113school.
123	123	114 (g) "School administrator" means a principal of a school.
124	124	115 (h) "School is in session" means a day during which the school conducts instruction for
125	125	116which student attendance is counted toward calculating average daily membership.
126	126	117 (i) "School resource officer" means a law enforcement officer, as defined in Section
127	127	11853-13-103, who contracts with, is employed by, or whose law enforcement agency contracts
128	128	119with a local education agency to provide law enforcement services for the local education
129	129	120agency. 02-21-23 11:30 AM H.B. 536
130	130	- 5 -
131	131	121 (j) "School-age child" means the same as that term is defined in Section 53G-6-201.
132	132	122 (k) (i) "School-sponsored activity" means an activity, fundraising event, club, camp,
133	133	123clinic, or other event or activity that is authorized by a specific local education agency or public
134	134	124school, according to LEA governing board policy, and satisfies at least one of the following
135	135	125conditions:
136	136	126 (A) the activity is managed or supervised by a local education agency or public school,
137	137	127or local education agency or public school employee;
138	138	128 (B) the activity uses the local education agency's or public school's facilities,
139	139	129equipment, or other school resources; or
140	140	130 (C) the activity is supported or subsidized, more than inconsequentially, by public
141	141	131funds, including the public school's activity funds or Minimum School Program dollars.
142	142	132 (ii) "School-sponsored activity" includes preparation for and involvement in a public
143	143	133performance, contest, athletic competition, demonstration, display, or club activity.
144	144	134 (l) (i) "Status offense" means an offense that would not be an offense but for the age of
145	145	135the offender.
146	146	136 (ii) "Status offense" does not mean an offense that by statute is a misdemeanor or
147	147	137felony.
148	148	138 (2) This section applies to a minor enrolled in school who is alleged to have committed
149	149	139an offense at the school where the student is enrolled:
150	150	140 (a) on school property where the student is enrolled:
151	151	141 (i) when school is in session; or
152	152	142 (ii) during a school-sponsored activity; or
153	153	143 (b) [except during the period between March 17, 2021 and June 1, 2022,] that is
154	154	144truancy.
155	155	145 (3) (a) Except as provided in Subsections (3)(e) and (5), if a minor is alleged to have
156	156	146committed an offense that is a class C misdemeanor, an infraction, a status offense on school
157	157	147property, or an offense that is truancy:
158	158	148 (i) [a school district] an LEA or school may not refer the minor to a law enforcement
159	159	149officer or agency or a court; and
160	160	150 (ii) a law enforcement officer or agency may not refer the minor to a prosecuting
161	161	151attorney or a court. H.B. 536 02-21-23 11:30 AM
162	162	- 6 -
163	163	152 (b) Except as provided in Subsection (3)(e), if a minor is alleged to have committed an
164	164	153offense that is a class C misdemeanor, an infraction, a status offense on school property, or an
165	165	154offense that is truancy, [a school district] an LEA, school, or law enforcement officer or agency
166	166	155may refer the minor to evidence-based alternative interventions, including:
167	167	156 (i) a mobile crisis outreach team;
168	168	157 (ii) a youth services center as defined in Section 80-5-102;
169	169	158 (iii) a youth court or comparable restorative justice program;
170	170	159 (iv) evidence-based interventions created and developed by the school or [school
171	171	160district] an LEA; and
172	172	161 (v) other evidence-based interventions that may be jointly created and developed by a
173	173	162local education agency, the state board, the juvenile court, local counties and municipalities,
174	174	163the Department of Health, or the Department of Human Services.
175	175	164 (c) Notwithstanding Subsection (3)(a), a school resource officer may:
176	176	165 (i) investigate possible criminal offenses and conduct, including conducting probable
177	177	166cause searches;
178	178	167 (ii) consult with school administration about the conduct of a minor enrolled in a
179	179	168school;
180	180	169 (iii) transport a minor enrolled in a school to a location if the location is permitted by
181	181	170law;
182	182	171 (iv) take temporary custody of a minor in accordance with Section 80-6-201; or
183	183	172 (v) protect the safety of students and the school community, including the use of
184	184	173reasonable and necessary physical force when appropriate based on the totality of the
185	185	174circumstances.
186	186	175 (d) Notwithstanding other provisions of this section, if a law enforcement officer has
187	187	176cause to believe a minor has committed an offense on school property when school is not in
188	188	177session and not during a school-sponsored activity, the law enforcement officer may refer the
189	189	178minor to:
190	190	179 (i) a prosecuting attorney or a court; or
191	191	180 (ii) evidence-based alternative interventions at the discretion of the law enforcement
192	192	181officer.
193	193	182 (e) If a minor is alleged to have committed a traffic offense that is an infraction, [a 02-21-23 11:30 AM H.B. 536
194	194	- 7 -
195	195	183school district] an LEA, a school, or a law enforcement officer or agency may refer the minor
196	196	184to a prosecuting attorney or a court for the traffic offense.
197	197	185 (4) [A school district] An LEA or school shall refer a minor for prevention and early
198	198	186intervention youth services, as described in Section 80-5-201, by the Division of Juvenile
199	199	187Justice Services for a class C misdemeanor committed on school property or for being a
200	200	188habitual truant if the minor refuses to participate in an evidence-based alternative intervention
201	201	189described in Subsection (3)(b).
202	202	190 (5) [A school district] An LEA or school may refer a minor to a court or a law
203	203	191enforcement officer or agency for an alleged class C misdemeanor committed on school
204	204	192property or for allegedly being a habitual truant if the minor:
205	205	193 (a) refuses to participate in an evidence-based alternative intervention under Subsection
206	206	194(3)(b); and
207	207	195 (b) fails to participate in prevention and early intervention youth services provided by
208	208	196the Division of Juvenile Justice Services under Subsection (4).
209	209	197 (6) (a) If a minor is referred to a court or a law enforcement officer or agency under
210	210	198Subsection (5), the school shall appoint a school representative to continue to engage with the
211	211	199minor and the minor's family through the court process.
212	212	200 (b) A school representative appointed under Subsection (6)(a) may not be a school
213	213	201resource officer.
214	214	202 (c) [A school district] An LEA or school shall include the following in the school
215	215	203district's or school's referral to the court or the law enforcement officer or agency:
216	216	204 (i) attendance records for the minor;
217	217	205 (ii) a report of evidence-based alternative interventions used by the school before the
218	218	206referral, including outcomes;
219	219	207 (iii) the name and contact information of the school representative assigned to actively
220	220	208participate in the court process with the minor and the minor's family;
221	221	209 (iv) a report from the Division of Juvenile Justice Services that demonstrates the
222	222	210minor's failure to complete or participate in prevention and early intervention youth services
223	223	211under Subsection (4); and
224	224	212 (v) any other information that the [school district] LEA or school considers relevant.
225	225	213 (d) A minor referred to a court under Subsection (5) may not be ordered to or placed in H.B. 536 02-21-23 11:30 AM
226	226	- 8 -
227	227	214secure detention, including for a contempt charge or violation of a valid court order under
228	228	215Section 78A-6-353, when the underlying offense is a class C misdemeanor occurring on school
229	229	216property or habitual truancy.
230	230	217 (e) If a minor is referred to a court under Subsection (5), the court may use, when
231	231	218available, the resources of the Division of Juvenile Justice Services or the Division of
232	232	219Substance Abuse and Mental Health to address the minor.
233	233	220 (7) If the alleged offense is a class B misdemeanor or a class A misdemeanor, the
234	234	221school administrator, the school administrator's designee, or a school resource officer may refer
235	235	222the minor directly to a juvenile court or to the evidence-based alternative interventions in
236	236	223Subsection (3)(b).
237	237	224 (8) (a) If a minor violates Subsection 76-10-105(2) while on school property, an LEA
238	238	225or school may issue a warning to the minor that provides:
239	239	226 (i) notice of the potential consequences for subsequent violations; and
240	240	227 (ii) information about available resources for quitting the use of tobacco, nicotine, or
241	241	228electronic cigarette products.
242	242	229 (b) For each warning an LEA or school issues under this subsection, an LEA or school
243	243	230shall provide notice to the minor's parent and a copy of the warning.
244	244	231 (c) After a minor receives three warnings under this subsection, if the minor is alleged
245	245	232to have violated Subsection 76-10-105(2), an LEA or school shall:
246	246	233 (i) issue a citation to the minor in accordance with Section 80-6-302;
247	247	234 (ii) refer the minor to a prosecuting attorney or a court; or
248	248	235 (iii) refer the minor to an evidence-based alternative intervention described in
249	249	236Subsection (3)(b).
250	250	237 Section 3. Section 76-10-105 is amended to read:
251	251	238 76-10-105. Buying or possessing a tobacco product or an electronic cigarette
252	252	239product by a minor -- Penalty -- Compliance officer authority -- Juvenile court
253	253	240jurisdiction.
254	254	241 (1) An individual who is 18 years old or older, but younger than 21 years old, and who
255	255	242buys or attempts to buy, accepts, or has in the individual's possession a tobacco product, an
256	256	243electronic cigarette product, or a nicotine product is:
257	257	244 (a) guilty of an infraction; and 02-21-23 11:30 AM H.B. 536
258	258	- 9 -
259	259	245 (b) subject to:
260	260	246 (i) a minimum fine or penalty of $60; and
261	261	247 (ii) participation in a court-approved tobacco education or cessation program, which
262	262	248may include a participation fee.
263	263	249 (2) (a) An individual who is under 18 years old and who buys or attempts to buy,
264	264	250accepts, or has in the individual's possession a tobacco product, an electronic cigarette product,
265	265	251or a nicotine product is subject to a citation under Section 80-6-302, unless the violation is
266	266	252committed on school property under Section 53G-8-211.
267	267	253 (b) If a violation under this section is adjudicated under Section 80-6-701, the minor
268	268	254may be subject to the following:
269	269	255 (i) a fine or penalty, in accordance with Section 80-6-709; and
270	270	256 (ii) participation in a court-approved tobacco education program, which may include a
271	271	257participation fee.
272	272	258 (3) [(a) A] Except as provided in Section 53G-8-211, a compliance officer appointed
273	273	259by a board of education under Section 53G-4-402 may not issue a citation for a violation of this
274	274	260section committed on school property.
275	275	261 [(b) A cited violation committed on school property shall be addressed in accordance
276	276	262with Section 53G-8-211.]