02-20 15:27 1st Sub. (Buff) H.B. 128
Matthew H. Gwynn proposes the following substitute bill:
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Dangerous Weapon at a School Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Matthew H. Gwynn
Senate Sponsor: Calvin R. Musselman
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LONG TITLE
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General Description:
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This bill addresses the crime of possession of a dangerous weapon on or about school
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premises.
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Highlighted Provisions:
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This bill:
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▸ clarifies that the crime of possession of a dangerous weapon on or about school premises
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applies to both minors and adults;
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▸ includes coordination clauses coordinating technical changes with this bill, H.B. 133,
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Dangerous Weapons Amendments, and H.B. 21, Criminal Code Recodification and
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Cross References; and
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▸ makes technical and conforming changes.
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Money Appropriated in this Bill:
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None
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Other Special Clauses:
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This bill provides coordination clauses.
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Utah Code Sections Affected:
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AMENDS:
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76-10-505.5, as last amended by Laws of Utah 2024, Chapters 21, 117 and 301
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Be it enacted by the Legislature of the state of Utah:
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Section 1. Section 76-10-505.5 is amended to read:
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76-10-505.5 . Possession of a dangerous weapon on or about school premises.
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(1)(a) As used in this section, "on or about school premises" means:
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[(a)] (i)[(i)] (A) in a public or private elementary or secondary school; or
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[(ii)] (B) on the grounds of any of those schools;
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[(b)] (ii)[(i)] (A) in a public or private institution of higher education; or
1st Sub. H.B. 128 1st Sub. (Buff) H.B. 128 02-20 15:27
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[(ii)] (B) on the grounds of a public or private institution of higher education; or
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[(c)] (iii)[(i)] (A) inside the building where a preschool or child care is being held,
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if the entire building is being used for the operation of the preschool or child
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care; or
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[(ii)] (B) if only a portion of a building is being used to operate a preschool or
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child care, in that room or rooms where the preschool or child care operation is
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being held.
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(b) Terms defined in Sections 76-1-101.5, 76-11-101, and 76-11-201 apply to this
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section.
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(2) An actor [who is 18 years old or older may not possess] commits possession of a
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dangerous weapon on or about school premises if the actor possesses a dangerous
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weapon[, firearm, or short barreled shotgun] at a place that the actor knows, or has
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reasonable cause to believe, is on or about school premises.
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(3)(a) [Possession of a dangerous weapon on or about school premises is a class B
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misdemeanor.] A violation of Subsection (2) is a class B misdemeanor if the
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dangerous weapon carried by the actor is not a firearm.
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(b) [Possession of a firearm or short barreled shotgun on or about school premises is a
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class A misdemeanor.] A violation of Subsection (2) is a class A misdemeanor if the
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dangerous weapon carried by the actor is a firearm.
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(4) This section does not apply if:
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(a) the actor is authorized to possess a firearm as described in Section 53-5-704,
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53-5-705, 76-10-511, or 76-10-523, or as otherwise authorized by law;
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(b) the actor is authorized to possess a firearm as described in Section 53-5-704.5, unless
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the actor is in a location where the actor is prohibited from carrying a firearm under
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Subsection 53-5-710(2);
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(c) the possession of the dangerous weapon is approved by the responsible school
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administrator;
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(d) the [item] dangerous weapon is present or to be used in connection with a lawful,
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approved activity and is in the possession or under the control of the actor
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responsible for the [item's] dangerous weapon's possession or use;
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(e) the actor is an armed school security guard as described in Section 53G-8-704; or
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(f) the possession is:
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(i) at the actor's place of residence or on the actor's property; or
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(ii) in any vehicle lawfully under the actor's control, other than a vehicle owned by
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the school or used by the school to transport students.
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(5) This section does not[ :] :
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(a) prohibit prosecution of [a more serious weapons] another criminal offense that may
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occur on or about school premises;
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(b) prevent an actor from securely storing a firearm on the grounds of a school if the
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actor:
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(i) participates in:
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(A) the school guardian program created in Section 53-22-105; [and] or
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(B) the Educator-Protector Program created in Section 53-22-107; and
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(ii) complies with the requirements for securely storing the firearm described in
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Subsection 53-22-107(5)(a); or
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(c) prohibit the prosecution of possession of a dangerous weapon by a minor, as
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described in Section 76-10-509.4, that occurs on or about school premises.
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Section 2. Effective Date.
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This bill takes effect on May 7, 2025.
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Section 3. Coordinating H.B. 128 with H.B. 133.
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If H.B. 128, Dangerous Weapon at a School Amendments, and H.B. 133, Dangerous
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Weapons Amendments, both pass and become law, the Legislature intends that, on May 7,
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2025, the amendments to Section 76-11-205 (renumbered from Section 76-10-505.5) in H.B.
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133 supersede the amendments to Section 76-10-505.5 in H.B. 128.
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Section 4. Coordinating H.B. 128 with H.B. 21 if both pass and become law and H.B. 133
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does not pass and become law.
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If H.B. 128, Dangerous Weapon at a School Amendments, and H.B. 21, Criminal Code
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Recodification and Cross References, both pass and become law, and H.B. 133, Dangerous
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Weapons Amendments, does not pass and become law, the Legislature intends that, on May 7,
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2025:
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(1) the amendments to Section 76-10-505.5 in H.B. 128 supersede the amendments to
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Section 76-11-204 (renumbered from Section 76-10-505.5) in H.B. 21; and
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(2) Section 76-10-505.5 in H.B. 128 be renumbered to Section 76-11-204.
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