01-16 14:31 S.B. 130
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Firearm and Firearm Accessory Modifications
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Nate Blouin
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LONG TITLE
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General Description:
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This bill addresses firearms and firearm accessories.
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Highlighted Provisions:
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This bill:
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▸ defines terms;
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▸ requires, beginning on January 1, 2027, a manufacturer or seller of gas-operated
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semiautomatic firearms that is manufacturing or selling the firearms to the government
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of the United States, a state, or a federally recognized tribe, to mark on the firearm that
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the firearm may only be used by a government employee in accordance with
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government policy;
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▸ amends offenses related to a restricted person in possession of a dangerous weapon to
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include ammunition;
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▸ makes possession of a firearm on which the identifying marks have been altered or
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removed a crime;
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▸ makes possession of a firearm without identifying marks a crime;
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▸ amends provisions requiring the Bureau of Criminal Identification to inform local law
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enforcement when a prohibited person attempts to purchase a firearm from a firearm
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dealer;
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▸ creates a criminal offense, beginning on January 1, 2027, for an adult to possess a
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machinegun firearm attachment;
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▸ creates a waiting period, with certain exemptions, between the purchase of a firearm from
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a dealer and the delivery of the firearm to the purchaser;
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▸ creates a criminal offense, beginning on January 1, 2027, for a person to import, sell,
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manufacture, transfer, receive, or possess, in certain circumstances, a gas-operated
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semiautomatic firearm;
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▸ requires a firearm dealer to post a written notice of potential liability for the negligent
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storage of a firearm and provides a penalty for failure to post the notice;
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▸ requires the Department of Public Safety to create a system for individuals who possess S.B. 130 01-16 14:31
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certain gas-operated semiautomatic firearms before January 1, 2027, to register the
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firearm with the department;
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▸ creates a criminal offense beginning on January 1, 2027, for a person to import, sell,
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manufacture, transfer, receive, or possess, in certain circumstances, a large-capacity
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ammunition feeding device;
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▸ expands the criminal offense of altering a serial number on a pistol or revolver beginning
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on January 1, 2027, to include all firearms and large-capacity ammunition feeding
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devices; 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 a special effective date.
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Utah Code Sections Affected:
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AMENDS:
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53-5-704, as last amended by Laws of Utah 2024, Chapter 195
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53-10-208.1, as last amended by Laws of Utah 2023, Chapters 184, 328 and 397
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76-3-203.5, as last amended by Laws of Utah 2024, Chapters 96, 179
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76-3-402, as last amended by Laws of Utah 2024, Chapter 234
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76-10-501, as last amended by Laws of Utah 2023, Chapters 161, 397 and 425
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76-10-503, as last amended by Laws of Utah 2023, First Special Session, Chapter 2
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76-10-503.1, as last amended by Laws of Utah 2023, Chapter 203
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76-10-509.4, as last amended by Laws of Utah 2024, Chapter 301
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76-10-522, as last amended by Laws of Utah 1993, Chapter 234
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76-10-526, as last amended by Laws of Utah 2023, Chapters 330, 397
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76-10-527, as last amended by Laws of Utah 2009, Chapter 20
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76-10-532, as last amended by Laws of Utah 2023, Chapter 425
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76-10-1602, as last amended by Laws of Utah 2024, Chapter 96
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80-6-104, as last amended by Laws of Utah 2024, Chapter 20
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80-6-1004.1, as enacted by Laws of Utah 2023, Chapter 115
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ENACTS:
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53-5a-105, Utah Code Annotated 1953
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53-5a-106, Utah Code Annotated 1953
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76-10-526.2, Utah Code Annotated 1953
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76-10-527.5, Utah Code Annotated 1953
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76-10-533, Utah Code Annotated 1953
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76-10-534, Utah Code Annotated 1953
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76-10-535, Utah Code Annotated 1953
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Be it enacted by the Legislature of the state of Utah:
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Section 1. Section 53-5-704 is amended to read:
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53-5-704 . Bureau duties -- Permit to carry concealed firearm -- Certification for
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concealed firearms instructor -- Requirements for issuance -- Violation -- Denial,
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suspension, or revocation -- Appeal procedure.
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(1)(a) Except as provided in Subsection (1)(b), the bureau shall issue a permit to carry a
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concealed firearm for lawful self defense to an applicant who is 21 years old or older
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within 60 days after receiving an application, unless the bureau finds proof that the
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applicant is not qualified to hold a permit under Subsection (2) or (3).
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(b)(i) Within 90 days before the day on which a provisional permit holder under
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Section 53-5-704.5 reaches 21 years old, the provisional permit holder may apply
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under this section for a permit to carry a concealed firearm for lawful self defense.
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(ii) The bureau shall issue a permit for an applicant under Subsection (1)(b)(i) within
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60 days after receiving an application, unless the bureau finds proof that the
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applicant is not qualified to hold a permit under Subsection (2) or (3).
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(iii) A permit issued under this Subsection (1)(b):
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(A) is not valid until an applicant is 21 years old; and
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(B) requires a $10 application fee.
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(iv) A person who applies for a permit under this Subsection (1)(b) is not required to
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retake the firearms training described in Subsection 53-5-704(8).
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(c) The permit is valid throughout the state for five years, without restriction, except as
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otherwise provided by Section 53-5-710.
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(d) The provisions of Subsections 76-10-504(1) and (2), and Section 76-10-505 do not
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apply to an individual issued a permit under Subsection (1)(a) or (b).
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(e) Subsection (4)(a) does not apply to a nonresident:
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(i) active duty service member, who presents to the bureau orders requiring the active
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duty service member to report for duty in this state; or
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(ii) active duty service member's spouse, stationed with the active duty service
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member, who presents to the bureau the active duty service member's orders
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requiring the service member to report for duty in this state.
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(2)(a) The bureau may deny, suspend, or revoke a concealed firearm permit if the
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applicant or permit holder:
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(i) has been or is convicted of a felony;
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(ii) has been or is convicted of a crime of violence;
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(iii) has been or is convicted of an offense involving the use of alcohol;
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(iv) has been or is convicted of an offense involving the unlawful use of narcotics or
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other controlled substances;
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(v) has been or is convicted of an offense involving moral turpitude;
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(vi) has been or is convicted of an offense involving domestic violence;
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(vii) has been or is adjudicated by a state or federal court as mentally incompetent,
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unless the adjudication has been withdrawn or reversed; and
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(viii) is not qualified to purchase and possess a firearm or ammunition pursuant to
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Section 76-10-503 and federal law.
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(b) In determining whether an applicant or permit holder is qualified to hold a permit
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under Subsection (2)(a), the bureau shall consider mitigating circumstances.
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(3)(a) The bureau may deny, suspend, or revoke a concealed firearm permit if it has
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reasonable cause to believe that the applicant or permit holder has been or is a danger
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to self or others as demonstrated by evidence, including:
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(i) past pattern of behavior involving unlawful violence or threats of unlawful
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violence;
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(ii) past participation in incidents involving unlawful violence or threats of unlawful
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violence; or
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(iii) conviction of an offense in violation of Title 76, Chapter 10, Part 5, Weapons.
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(b) The bureau may not deny, suspend, or revoke a concealed firearm permit solely for a
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single conviction of an infraction violation of Title 76, Chapter 10, Part 5, Weapons.
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(c) In determining whether the applicant or permit holder has been or is a danger to self
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or others, the bureau may inspect:
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(i) expunged records of arrests and convictions of adults as provided in Section
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77-40a-403; and
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(ii) juvenile court records as provided in Section 78A-6-209.
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(d)(i) The bureau shall suspend a concealed firearm permit if a permit holder
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becomes a temporarily restricted person in accordance with Section 53-5c-301.
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(ii) Upon removal from the temporary restricted list, the permit holder's permit shall
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be reinstated unless:
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(A) the permit has been revoked, been suspended for a reason other than the
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restriction described in Subsection (3)(d)(i), or expired; or
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(B) the permit holder has become a restricted person under Section 76-10-503.
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(4)(a) In addition to meeting the other qualifications for the issuance of a concealed
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firearm permit under this section, a nonresident applicant who resides in a state that
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recognizes the validity of the Utah permit or has reciprocity with Utah's concealed
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firearm permit law shall:
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(i) hold a current concealed firearm or concealed weapon permit issued by the
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appropriate permitting authority of the nonresident applicant's state of residency;
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and
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(ii) submit a photocopy or electronic copy of the nonresident applicant's current
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concealed firearm or concealed weapon permit referred to in Subsection (4)(a)(i).
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(b) A nonresident applicant who knowingly and willfully provides false information to
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the bureau under Subsection (4)(a) is prohibited from holding a Utah concealed
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firearm permit for a period of 10 years.
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(c) Subsection (4)(a) applies to all applications for the issuance of a concealed firearm
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permit that are received by the bureau after May 10, 2011.
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(d) Beginning January 1, 2012, Subsection (4)(a) also applies to an application for
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renewal of a concealed firearm permit by a nonresident.
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(5) The bureau shall issue a concealed firearm permit to a former peace officer who departs
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full-time employment as a peace officer, in an honorable manner, within five years of
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that departure if the officer meets the requirements of this section.
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(6) Except as provided in Subsection (7), the bureau shall also require the applicant to
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provide:
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(a) the address of the applicant's permanent residence;
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(b) one recent dated photograph;
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(c) one set of fingerprints; and
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(d) evidence of general familiarity with the types of firearms to be concealed as defined
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in Subsection (8).
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(7) An applicant who is a law enforcement officer under Section 53-13-103 may provide a
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letter of good standing from the officer's commanding officer in place of the evidence
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required by Subsection (6)(d).
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(8)(a) General familiarity with the types of firearms to be concealed includes training in:
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(i) the safe loading, unloading, storage, and carrying of the types of firearms to be
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concealed; and
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(ii) current laws defining lawful use of a firearm by a private citizen, including lawful
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self-defense, use of force by a private citizen, including use of deadly force,
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transportation, and concealment.
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(b) An applicant may satisfy the general familiarity requirement of Subsection (8)(a) by
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one of the following:
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(i) completion of a course of instruction conducted by a national, state, or local
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firearms training organization approved by the bureau;
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(ii) certification of general familiarity by an individual who has been certified by the
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bureau, which may include a law enforcement officer, military or civilian firearms
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instructor, or hunter safety instructor; or
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(iii) equivalent experience with a firearm through participation in an organized
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shooting competition, law enforcement, or military service.
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(c) Instruction taken by a student under this Subsection (8) shall be in person and not
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through electronic means.
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(d) A person applying for a renewal permit is not required to retake the firearms training
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described in this Subsection 53-5-704(8) if the person:
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(i) has an unexpired permit; or
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(ii) has a permit that expired less than one year before the date on which the renewal
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application was submitted.
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(9)(a) An applicant for certification as a Utah concealed firearms instructor shall:
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(i) be at least 21 years old;
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(ii) be currently eligible to possess a firearm and ammunition under Section
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76-10-503;
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(iii) have:
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(A) completed a firearm instruction training course from the National Rifle
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Association or another nationally recognized firearm training organization that
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customarily offers firearm safety and firearm law instructor training or the
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Department of Public Safety, Division of Peace Officer Safety Standards and
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Training; or
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(B) received training equivalent to one of the courses referred to in Subsection
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(9)(a)(iii)(A) as determined by the bureau;
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(iv) have taken a course of instruction and passed a certification test as described in
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Subsection (9)(c); and
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(v) possess a Utah concealed firearm permit.
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(b) An instructor's certification is valid for three years from the date of issuance, unless
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revoked by the bureau.
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(c)(i) In order to obtain initial certification or renew a certification, an instructor
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shall attend an instructional course and pass a test under the direction of the
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bureau.
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(ii)(A) The bureau shall provide or contract to provide the course referred to in
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Subsection (9)(c)(i) twice every year.
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(B) The course shall include instruction on current Utah law related to firearms,
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including concealed carry statutes and rules, and the use of deadly force by
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private citizens.
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(d)(i) Each applicant for certification under this Subsection (9) shall pay a fee of
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$50.00 at the time of application for initial certification.
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(ii) The renewal fee for the certificate is $25.
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(iii) The bureau may use a fee paid under Subsections (9)(d)(i) and (ii) as a dedicated
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credit to cover the cost incurred in maintaining and improving the instruction
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program required for concealed firearm instructors under this Subsection (9).
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(10) A certified concealed firearms instructor shall provide each of the instructor's students
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with the required course of instruction outline approved by the bureau.
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(11)(a)(i) A concealed firearms instructor shall provide a signed certificate to an
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individual successfully completing the offered course of instruction.
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(ii) The instructor shall sign the certificate with the exact name indicated on the
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instructor's certification issued by the bureau under Subsection (9).
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(iii)(A) The certificate shall also have affixed to it the instructor's official seal,
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which is the exclusive property of the instructor and may not be used by any
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other individual.
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(B) The instructor shall destroy the seal upon revocation or expiration of the
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instructor's certification under Subsection (9).
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(C) The bureau shall determine the design and content of the seal to include at
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least the following:
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(I) the instructor's name as it appears on the instructor's certification;
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(II) the words "Utah Certified Concealed Firearms Instructor," "state of Utah,"
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and "my certification expires on (the instructor's certification expiration
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date)"; and
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(III) the instructor's business or residence address.
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(D) The seal shall be affixed to each student certificate issued by the instructor in
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a manner that does not obscure or render illegible any information or
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signatures contained in the document.
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(b) The applicant shall provide the certificate to the bureau in compliance with
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Subsection (6)(d).
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(12) The bureau may deny, suspend, or revoke the certification of an applicant or a
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concealed firearms instructor if it has reason to believe the applicant or the instructor has:
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(a) become ineligible to possess a firearm or ammunition under Section 76-10-503 or
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federal law; or
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(b) knowingly and willfully provided false information to the bureau.
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(13) An applicant for certification or a concealed firearms instructor has the same appeal
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rights as described in Subsection (16).
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(14) In providing instruction and issuing a permit under this part, the concealed firearms
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instructor and the bureau are not vicariously liable for damages caused by the permit
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holder.
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(15) An individual who knowingly and willfully provides false information on an
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application filed under this part is guilty of a class B misdemeanor, and the application
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may be denied, or the permit may be suspended or revoked.
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(16)(a) In the event of a denial, suspension, or revocation of a permit, the applicant or
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permit holder may file a petition for review with the board within 60 days from the
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date the denial, suspension, or revocation is received by the applicant or permit
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holder by certified mail, return receipt requested.
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(b) The bureau's denial of a permit shall be in writing and shall include the general
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reasons for the action.
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(c) If an applicant or permit holder appeals the denial to the review board, the applicant
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or permit holder may have access to the evidence upon which the denial is based in
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accordance with Title 63G, Chapter 2, Government Records Access and Management
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Act.
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(d) On appeal to the board, the bureau has the burden of proof by a preponderance of the
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evidence.
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(e)(i) Upon a ruling by the board on the appeal of a denial, the board shall issue a
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final order within 30 days stating the board's decision.
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(ii) The final order shall be in the form prescribed by Subsection 63G-4-203(1)(i).
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(iii) The final order is final bureau action for purposes of judicial review under
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Section 63G-4-402.
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(17) The commissioner may make rules in accordance with Title 63G, Chapter 3, Utah
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Administrative Rulemaking Act, necessary to administer this chapter.
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Section 2. Section 53-5a-105 is enacted to read:
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53-5a-105 . Manufacturer or seller requirements for gas-operated semiautomatic
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firearms.
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(1) As used in this section, "gas-operated semiautomatic firearm" means a firearm that
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meets the elements described in Subsection 76-10-534(2).
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(2) A manufacturer or seller of a gas-operated semiautomatic firearm that is lawfully
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importing, selling, manufacturing, transferring, receiving, or possessing the firearm for
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the purpose of transferring or selling the firearm to a governmental entity described in
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Subsection 76-10-534(4)(b), shall clearly mark on the firearm that the firearm may only
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be used or possessed by a law enforcement officer or employee of that governmental
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entity in accordance with any applicable government policy.
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Section 3. Section 53-5a-106 is enacted to read:
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53-5a-106 . Registration of gas-operated semiautomatic firearms.
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(1) As used in this section:
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(a) "Immediate family member" means the same as that term is defined in Section
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76-10-534.
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(b) "Gas-operated semiautomatic firearm" means the same as that term is defined in
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Section 53-5a-105.
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(2) The department shall develop a system for registering gas-operated semiautomatic
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firearms that are lawfully possessed by individuals as described in Subsection
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76-10-534(4)(d) or (e) who are required to register the firearm with the department.
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(3) The registration described in Subsection (2) shall include:
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(a)(i) an affirmation that the individual possessed the gas-operated semiautomatic
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firearm before January 1, 2027; or
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(ii) if the individual received the gas-operated semiautomatic firearm after January 1,
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2027, an affirmation that the individual received the firearm from an immediate
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family member who lawfully possessed the firearm before January 1, 2027;
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(b) the make, model, caliber, and serial number of the gas-operated semiautomatic
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firearm; and
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(c) the individual's name, address, telephone number, and date of birth.
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Section 4. Section 53-10-208.1 is amended to read:
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53-10-208.1 . Magistrates and court clerks to supply information.
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(1) Every magistrate or clerk of a court responsible for court records in this state shall,
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within 30 days after the day of the disposition and on forms and in the manner provided
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by the division, furnish the division with information pertaining to:
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(a) all dispositions of criminal matters, including:
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(i) guilty pleas;
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(ii) convictions;
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(iii) dismissals;
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(iv) acquittals;
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(v) pleas in abeyance;
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(vi) judgments of not guilty by reason of insanity;
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(vii) judgments of guilty with a mental condition;
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(viii) finding of mental incompetence to stand trial; and
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(ix) probations granted;
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(b) orders of civil commitment under the terms of Section 26B-5-332;
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(c) the issuance, recall, cancellation, or modification of all warrants of arrest or
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commitment as described in Rule 6, Utah Rules of Criminal Procedure and Section
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78B-6-303, within one day of the action and in a manner provided by the division;
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and
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(d) protective orders issued after notice and hearing, pursuant to:
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(i) Title 77, Chapter 36, Cohabitant Abuse Procedures Act;
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(ii) Title 78B, Chapter 7, Part 4, Dating Violence Protective Orders;
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(iii) Title 78B, Chapter 7, Part 5, Sexual Violence Protective Orders;
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(iv) Title 78B, Chapter 7, Part 6, Cohabitant Abuse Protective Orders; or
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(v) Title 78B, Chapter 7, Part 8, Criminal Protective Orders.
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(2) When transmitting information on a criminal matter under Subsection (1)(a)(i), (ii), (v),
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or (vii) for a conviction of misdemeanor assault under Section 76-5-102, the magistrate
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or clerk of a court shall include available information regarding whether the conviction
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for assault resulted from an assault against an individual:
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(a) who is included in at least one of the relationship categories described in Subsection [
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76-10-503(1)(b)(xii)] 76-10-503(1)(c)(xi); or
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(b) with whom none of the relationships described in Subsection [76-10-503(1)(b)(xii)]
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76-10-503(1)(c)(xi) apply.
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(3) The court in the county where a determination or finding was made shall transmit a
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record of the determination or finding to the bureau no later than 48 hours after the
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determination is made, excluding Saturdays, Sundays, and legal holidays, if an
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individual is:
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(a) adjudicated as a mental defective; or
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(b) involuntarily committed to a mental institution in accordance with Subsection
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26B-5-332(16).
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(4) The record described in Subsection (3) shall include:
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(a) an agency record identifier;
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(b) the individual's name, sex, race, and date of birth; and
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(c) the individual's social security number, government issued driver license or
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identification number, alien registration number, government passport number, state
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identification number, or FBI number.
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Section 5. Section 76-3-203.5 is amended to read:
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76-3-203.5 . Habitual violent offender -- Definition -- Procedure -- Penalty.
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(1) As used in this section:
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(a) "Felony" means any violation of a criminal statute of the state, any other state, the
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United States, or any district, possession, or territory of the United States for which
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the maximum punishment the offender may be subjected to exceeds one year in
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prison.
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(b) "Habitual violent offender" means a person convicted within the state of any violent
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felony and who on at least two previous occasions has been convicted of a violent
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felony and committed to either prison in Utah or an equivalent correctional institution
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of another state or of the United States either at initial sentencing or after revocation
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of probation.
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(c) "Violent felony" means:
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(i) any of the following offenses, or any attempt, solicitation, or conspiracy to
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commit any of the following offenses punishable as a felony:
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(A) arson as described in Section 76-6-102;
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(B) causing a catastrophe as described in Subsection 76-6-105(3)(a) or (3)(b);
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(C) criminal mischief as described in Section 76-6-106;
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(D) aggravated arson as described in Section 76-6-103;
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(E) assault by prisoner as described in Section 76-5-102.5;
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(F) disarming a police officer as described in Section 76-5-102.8;
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(G) aggravated assault as described in Section 76-5-103;
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(H) aggravated assault by prisoner as described in Section 76-5-103.5;
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(I) mayhem as described in Section 76-5-105;
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(J) stalking as described in Subsection 76-5-106.5(2);
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(K) threat of terrorism as described in Section 76-5-107.3;
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(L) aggravated child abuse as described in Subsection 76-5-109.2(3)(a) or (b);
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(M) commission of domestic violence in the presence of a child as described in
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Section 76-5-114;
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(N) abuse or neglect of a child with a disability as described in Section 76-5-110;
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(O) abuse or exploitation of a vulnerable adult as described in Section 76-5-111,
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76-5-111.2, 76-5-111.3, or 76-5-111.4;
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(P) endangerment of a child or vulnerable adult as described in Section 76-5-112.5;
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(Q) an offense described in Chapter 5, Part 2, Criminal Homicide;
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(R) kidnapping as described in Section 76-5-301;
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(S) child kidnapping as described in Section 76-5-301.1;
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(T) aggravated kidnapping as described in Section 76-5-302;
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(U) rape as described in Section 76-5-402;
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(V) rape of a child as described in Section 76-5-402.1;
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(W) object rape as described in Section 76-5-402.2;
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(X) object rape of a child as described in Section 76-5-402.3;
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(Y) forcible sodomy as described in Section 76-5-403;
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(Z) sodomy on a child as described in Section 76-5-403.1;
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(AA) forcible sexual abuse as described in Section 76-5-404;
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(BB) sexual abuse of a child as described in Section 76-5-404.1;
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(CC) aggravated sexual abuse of a child as described in Section 76-5-404.3;
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(DD) aggravated sexual assault as described in Section 76-5-405;
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(EE) sexual exploitation of a minor as described in Section 76-5b-201;
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(FF) aggravated sexual exploitation of a minor as described in Section 76-5b-201.1;
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(GG) sexual exploitation of a vulnerable adult as described in Section 76-5b-202;
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(HH) burglary as described in Subsection 76-6-202(3)(b);
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(II) aggravated burglary as described in Section 76-6-203;
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(JJ) robbery as described in Section 76-6-301;
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(KK) aggravated robbery as described in Section 76-6-302;
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(LL) theft by extortion as described in Subsection 76-6-406(1)(a)(i) or (1)(a)(ii);
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(MM) tampering with a witness as described in Section 76-8-508;
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(NN) retaliation against a witness, victim, or informant as described in Section
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76-8-508.3;
410
(OO) tampering or retaliating against a juror as described in Subsection 76-8-508.5
411
(2)(a)(iii);
412
(PP) extortion to dismiss a criminal proceeding as described in Subsection
413
76-6-406(1)(a)(i), (ii), or (ix);
414
(QQ) possession, use, or removal of explosive, chemical, or incendiary devices as
415
described in Subsections 76-10-306(3) through (6);
416
(RR) unlawful delivery of explosive, chemical, or incendiary devices as described
417
in Section 76-10-307;
418
(SS) purchase or possession of a dangerous weapon or [handgun] ammunition by a
419
restricted person as described in Section 76-10-503;
420
(TT) aggravated exploitation of prostitution as described in Subsection 76-10-1306
421
(1)(a);
422
(UU) bus hijacking as described in Section 76-10-1504; and
423
(VV) discharging firearms and hurling missiles as described in Section 76-10-1505;
424
or
425
(ii) any felony violation of a criminal statute of any other state, the United States, or
426
any district, possession, or territory of the United States which would constitute a
427
violent felony as defined in this Subsection (1) if committed in this state.
428
(2) If a person is convicted in this state of a violent felony by plea or by verdict and the trier
429
of fact determines beyond a reasonable doubt that the person is a habitual violent
430
offender under this section, the penalty for a:
431
(a) third degree felony is as if the conviction were for a first degree felony;
432
(b) second degree felony is as if the conviction were for a first degree felony; or
433
(c) first degree felony remains the penalty for a first degree penalty except:
434
(i) the convicted person is not eligible for probation; and
435
(ii) the Board of Pardons and Parole shall consider that the convicted person is a
436
habitual violent offender as an aggravating factor in determining the length of
437
incarceration.
438
(3)(a) The prosecuting attorney, or grand jury if an indictment is returned, shall provide
439
notice in the information or indictment that the defendant is subject to punishment as
- 13 - S.B. 130 01-16 14:31
440
a habitual violent offender under this section. Notice shall include the case number,
441
court, and date of conviction or commitment of any case relied upon by the
442
prosecution.
443
(b)(i) The defendant shall serve notice in writing upon the prosecutor if the
444
defendant intends to deny that:
445
(A) the defendant is the person who was convicted or committed;
446
(B) the defendant was represented by counsel or had waived counsel; or
447
(C) the defendant's plea was understandingly or voluntarily entered.
448
(ii) The notice of denial shall be served not later than five days prior to trial and shall
449
state in detail the defendant's contention regarding the previous conviction and
450
commitment.
451
(4)(a) If the defendant enters a denial under Subsection (3)(b) and if the case is tried to a
452
jury, the jury may not be told, until after [it] the jury returns [its] the jury's verdict on
453
the underlying felony charge, of the:
454
(i) defendant's previous convictions for violent felonies, except as otherwise provided
455
in the Utah Rules of Evidence; or
456
(ii) allegation against the defendant of being a habitual violent offender.
457
(b) If the jury's verdict is guilty, the defendant shall be tried regarding the allegation of
458
being an habitual violent offender by the same jury, if practicable, unless the
459
defendant waives the jury, in which case the allegation shall be tried immediately to
460
the court.
461
(c)(i) Before or at the time of sentencing the trier of fact shall determine if this
462
section applies.
463
(ii) The trier of fact shall consider any evidence presented at trial and the prosecution
464
and the defendant shall be afforded an opportunity to present any necessary
465
additional evidence.
466
(iii) Before sentencing under this section, the trier of fact shall determine whether this
467
section is applicable beyond a reasonable doubt.
468
(d) If any previous conviction and commitment is based upon a plea of guilty or no
469
contest, there is a rebuttable presumption that the conviction and commitment were
470
regular and lawful in all respects if the conviction and commitment occurred after
471
January 1, 1970. If the conviction and commitment occurred prior to January 1,
472
1970, the burden is on the prosecution to establish by a preponderance of the
473
evidence that the defendant was then represented by counsel or had lawfully waived
- 14 - 01-16 14:31 S.B. 130
474
the right to have counsel present, and that the defendant's plea was understandingly
475
and voluntarily entered.
476
(e) If the trier of fact finds this section applicable, the court shall enter that specific
477
finding on the record and shall indicate in the order of judgment and commitment
478
that the defendant has been found by the trier of fact to be a habitual violent offender
479
and is sentenced under this section.
480
(5)(a) The sentencing enhancement provisions of Section 76-3-407 supersede the
481
provisions of this section.
482
(b) Notwithstanding Subsection (5)(a), the "violent felony" offense defined in
483
Subsection (1)(c) shall include any felony sexual offense violation of Chapter 5, Part
484
4, Sexual Offenses, to determine if the convicted person is a habitual violent offender.
485
(6) The sentencing enhancement described in this section does not apply if:
486
(a) the offense for which the person is being sentenced is:
487
(i) a grievous sexual offense;
488
(ii) child kidnapping, Section 76-5-301.1;
489
(iii) aggravated kidnapping, Section 76-5-302; or
490
(iv) forcible sexual abuse, Section 76-5-404; and
491
(b) applying the sentencing enhancement provided for in this section would result in a
492
lower maximum penalty than the penalty provided for under the section that
493
describes the offense for which the person is being sentenced.
494
Section 6. Section 76-3-402 is amended to read:
495
76-3-402 . Conviction of lower degree of offense -- Procedure and limitations.
496
(1) As used in this section:
497
(a) "Lower degree of offense" includes an offense for which:
498
(i) a statutory enhancement is charged in the information or indictment that would
499
increase either the maximum or the minimum sentence; and
500
(ii) the court removes the statutory enhancement in accordance with this section.
501
(b) "Minor regulatory offense" means the same as that term is defined in Section
502
77-40a-101.
503
(c)(i) "Rehabilitation program" means a program designed to reduce criminogenic
504
and recidivism risks.
505
(ii) "Rehabilitation program" includes:
506
(A) a domestic violence treatment program, as that term is defined in Section
507
26B-2-101;
- 15 - S.B. 130 01-16 14:31
508
(B) a residential, vocational, and life skills program, as that term is defined in
509
Section 13-53-102;
510
(C) a substance abuse treatment program, as that term is defined in Section
511
26B-2-101;
512
(D) a substance use disorder treatment program, as that term is defined in Section
513
26B-2-101;
514
(E) a youth program, as that term is defined in Section 26B-2-101;
515
(F) a program that meets the standards established by the Department of
516
Corrections under Section 64-13-25;
517
(G) a drug court, a veterans court, or a mental health court certified by the Judicial
518
Council; or
519
(H) a program that is substantially similar to a program described in Subsections
520
(1)(c)(ii)(A) through (G).
521
(d) "Serious offense" means a felony or misdemeanor offense that is not a minor
522
regulatory offense or a traffic offense.
523
(e) "Traffic offense" means the same as that term is defined in Section 77-40a-101.
524
(f)(i) Except as provided in Subsection (1)(f)(ii), "violent felony" means the same as
525
that term is defined in Section 76-3-203.5.
526
(ii) "Violent felony" does not include an offense, or any attempt, solicitation, or
527
conspiracy to commit an offense, for:
528
(A) the possession, use, or removal of explosive, chemical, or incendiary devices
529
under Subsection 76-10-306(3), (5), or (6); or
530
(B) the purchase or possession of a dangerous weapon or [handgun] ammunition
531
by a restricted person under Section 76-10-503.
532
(2) The court may enter a judgment of conviction for a lower degree of offense than
533
established by statute and impose a sentence at the time of sentencing for the lower
534
degree of offense if the court:
535
(a) takes into account:
536
(i) the nature and circumstances of the offense of which the defendant was found
537
guilty; and
538
(ii) the history and character of the defendant;
539
(b) gives any victim present at the sentencing and the prosecuting attorney an
540
opportunity to be heard; and
541
(c) concludes that the degree of offense established by statute would be unduly harsh to
- 16 - 01-16 14:31 S.B. 130
542
record as a conviction on the record for the defendant.
543
(3) Upon a motion from the prosecuting attorney or the defendant, the court may enter a
544
judgment of conviction for a lower degree of offense than established by statute:
545
(a) after the defendant is successfully discharged from probation or parole for the
546
conviction; and
547
(b) if the court finds that entering a judgment of conviction for a lower degree of offense
548
is in the interest of justice in accordance with Subsection (7).
549
(4) Upon a motion from the prosecuting attorney or the defendant, the court may enter a
550
judgment of conviction for a lower degree of offense than established by statute if:
551
(a) the defendant's probation or parole for the conviction did not result in a successful
552
discharge but the defendant is successfully discharged from probation or parole for a
553
subsequent conviction of an offense;
554
(b)(i) at least five years have passed after the day on which the defendant is
555
sentenced for the subsequent conviction; or
556
(ii) at least three years have passed after the day on which the defendant is sentenced
557
for the subsequent conviction and the prosecuting attorney consents to the
558
reduction;
559
(c) the defendant is not convicted of a serious offense during the time period described
560
in Subsection (4)(b);
561
(d) there are no criminal proceedings pending against the defendant;
562
(e) the defendant is not on probation, on parole, or currently incarcerated for any other
563
offense;
564
(f) if the offense for which the reduction is sought is a violent felony, the prosecuting
565
attorney consents to the reduction; and
566
(g) the court finds that entering a judgment of conviction for a lower degree of offense is
567
in the interest of justice in accordance with Subsection (7).
568
(5) Upon a motion from the prosecuting attorney or the defendant, the court may enter a
569
judgment of conviction for a lower degree of offense than established by statute if:
570
(a) the defendant's probation or parole for the conviction did not result in a successful
571
discharge but the defendant is successfully discharged from a rehabilitation program;
572
(b) at least three years have passed after the day on which the defendant is successfully
573
discharged from the rehabilitation program;
574
(c) the defendant is not convicted of a serious offense during the time period described
575
in Subsection (5)(b);
- 17 - S.B. 130 01-16 14:31
576
(d) there are no criminal proceedings pending against the defendant;
577
(e) the defendant is not on probation, on parole, or currently incarcerated for any other
578
offense;
579
(f) if the offense for which the reduction is sought is a violent felony, the prosecuting
580
attorney consents to the reduction; and
581
(g) the court finds that entering a judgment of conviction for a lower degree of offense is
582
in the interest of justice in accordance with Subsection (7).
583
(6) Upon a motion from the prosecuting attorney or the defendant, the court may enter a
584
judgment of conviction for a lower degree of offense than established by statute if:
585
(a) at least five years have passed after the day on which the defendant's probation or
586
parole for the conviction did not result in a successful discharge;
587
(b) the defendant is not convicted of a serious offense during the time period described
588
in Subsection (6)(a);
589
(c) there are no criminal proceedings pending against the defendant;
590
(d) the defendant is not on probation, on parole, or currently incarcerated for any other
591
offense;
592
(e) if the offense for which the reduction is sought is a violent felony, the prosecuting
593
attorney consents to the reduction; and
594
(f) the court finds that entering a judgment of conviction for a lower degree of offense is
595
in the interest of justice in accordance with Subsection (7).
596
(7) In determining whether entering a judgment of a conviction for a lower degree of
597
offense is in the interest of justice under Subsection (3), (4), (5), or (6):
598
(a) the court shall consider:
599
(i) the nature, circumstances, and severity of the offense for which a reduction is
600
sought;
601
(ii) the physical, emotional, or other harm that the defendant caused any victim of the
602
offense for which the reduction is sought; and
603
(iii) any input from a victim of the offense; and
604
(b) the court may consider:
605
(i) any special characteristics or circumstances of the defendant, including the
606
defendant's criminogenic risks and needs;
607
(ii) the defendant's criminal history;
608
(iii) the defendant's employment and community service history;
609
(iv) whether the defendant participated in a rehabilitative program and successfully
- 18 - 01-16 14:31 S.B. 130
610
completed the program;
611
(v) any effect that a reduction would have on the defendant's ability to obtain or
612
reapply for a professional license from the Department of Commerce;
613
(vi) whether the level of the offense has been reduced by law after the defendant's
614
conviction;
615
(vii) any potential impact that the reduction would have on public safety; or
616
(viii) any other circumstances that are reasonably related to the defendant or the
617
offense for which the reduction is sought.
618
(8)(a) A court may only enter a judgment of conviction for a lower degree of offense
619
under Subsection (3), (4), (5), or (6) after:
620
(i) notice is provided to the other party;
621
(ii) reasonable efforts have been made by the prosecuting attorney to provide notice
622
to any victims; and
623
(iii) a hearing is held if a hearing is requested by either party.
624
(b) A prosecuting attorney is entitled to a hearing on a motion seeking to reduce a
625
judgment of conviction for a lower degree of offense under Subsection (3), (4), (5),
626
or (6).
627
(c) In a motion under Subsection (3), (4), (5), or (6) and at a requested hearing on the
628
motion, the moving party has the burden to provide evidence sufficient to
629
demonstrate that the requirements under Subsection (3), (4), (5), or (6) are met.
630
(d) If a defendant files a motion under this section, the prosecuting attorney shall
631
respond to the motion within 35 days after the day on which the motion is filed with
632
the court.
633
(9) A court has jurisdiction to consider and enter a judgment of conviction for a lower
634
degree of offense under Subsection (3), (4), (5), or (6) regardless of whether the
635
defendant is committed to jail as a condition of probation or is sentenced to prison.
636
(10)(a) An offense may be reduced only one degree under this section, unless the
637
prosecuting attorney specifically agrees in writing or on the court record that the
638
offense may be reduced two degrees.
639
(b) An offense may not be reduced under this section by more than two degrees.
640
(11) This section does not preclude an individual from obtaining or being granted an
641
expungement of the individual's record in accordance with [Title 44, Chapter 40A] Title
642
77, Chapter 40a, Expungement of Criminal Records.
643
(12) The court may not enter a judgment for a conviction for a lower degree of offense
- 19 - S.B. 130 01-16 14:31
644
under this section if:
645
(a) the reduction is specifically precluded by law; or
646
(b) any unpaid balance remains on court-ordered restitution for the offense for which the
647
reduction is sought.
648
(13) When the court enters a judgment for a lower degree of offense under this section, the
649
actual title of the offense for which the reduction is made may not be altered.
650
(14)(a) An individual may not obtain a reduction under this section of a conviction that
651
requires the individual to register as a sex offender, kidnap offender, or child abuse
652
offender until the registration requirements under Title 77, Chapter 41, Sex, Kidnap,
653
and Child Abuse Offender Registry, have expired.
654
(b) An individual required to register as a sex offender, kidnap offender, or child abuse
655
offender for the individual's lifetime under Subsection 77-41-105(3)(c) may not be
656
granted a reduction of the conviction for the offense or offenses that require the
657
individual to register as a sex offender, kidnap offender, or child abuse offender.
658
Section 7. Section 76-10-501 is amended to read:
659
76-10-501 . Definitions.
660
As used in this part:
661
(1)(a) "Antique firearm" means:
662
(i) any firearm, including any firearm with a matchlock, flintlock, percussion cap, or
663
similar type of ignition system, manufactured in or before 1898;
664
(ii) a firearm that is a replica of any firearm described in this Subsection (1)(a), if the
665
replica:
666
(A) is not designed or redesigned for using rimfire or conventional centerfire fixed
667
ammunition; or
668
(B) uses rimfire or centerfire fixed ammunition which is:
669
(I) no longer manufactured in the United States; and
670
(II) is not readily available in ordinary channels of commercial trade; or
671
(iii)(A) that is a muzzle loading rifle, shotgun, or pistol; and
672
(B) is designed to use black powder, or a black powder substitute, and cannot use
673
fixed ammunition.
674
(b) "Antique firearm" does not include:
675
(i) a weapon that incorporates a firearm frame or receiver;
676
(ii) a firearm that is converted into a muzzle loading weapon; or
677
(iii) a muzzle loading weapon that can be readily converted to fire fixed ammunition
- 20 - 01-16 14:31 S.B. 130
678
by replacing the:
679
(A) barrel;
680
(B) bolt;
681
(C) breechblock; or
682
(D) any combination of Subsection (1)(b)(iii)(A), (B), or (C).
683
(2) "Bureau" means the Bureau of Criminal Identification created in Section 53-10-201
684
within the Department of Public Safety.
685
(3)(a) "Concealed firearm" means a firearm that is:
686
(i) covered, hidden, or secreted in a manner that the public would not be aware of its
687
presence; and
688
(ii) readily accessible for immediate use.
689
(b) A firearm that is unloaded and securely encased is not a concealed firearm for the
690
purposes of this part.
691
(4) "Criminal history background check" means a criminal background check conducted by
692
a licensed firearms dealer on every purchaser of a handgun, except a Federal Firearms
693
Licensee, through the bureau or the local law enforcement agency where the firearms
694
dealer conducts business.
695
(5) "Curio or relic firearm" means a firearm that:
696
(a) is of special interest to a collector because of a quality that is not associated with
697
firearms intended for:
698
(i) sporting use;
699
(ii) use as an offensive weapon; or
700
(iii) use as a defensive weapon;
701
(b)(i) was manufactured at least 50 years before the current date; and
702
(ii) is not a replica of a firearm described in Subsection (5)(b)(i);
703
(c) is certified by the curator of a municipal, state, or federal museum that exhibits
704
firearms to be a curio or relic of museum interest;
705
(d) derives a substantial part of its monetary value:
706
(i) from the fact that the firearm is:
707
(A) novel;
708
(B) rare; or
709
(C) bizarre; or
710
(ii) because of the firearm's association with an historical:
711
(A) figure;
- 21 - S.B. 130 01-16 14:31
712
(B) period; or
713
(C) event; and
714
(e) has been designated as a curio or relic firearm by the director of the [United States
715
Treasury Department] federal Bureau of Alcohol, Tobacco, and Firearms under 27
716
C.F.R. Sec. 478.11.
717
(6)(a) "Dangerous weapon" means:
718
(i) a firearm; or
719
(ii) an object that in the manner of its use or intended use is capable of causing death
720
or serious bodily injury.
721
(b) The following factors are used in determining whether any object, other than a
722
firearm, is a dangerous weapon:
723
(i) the location and circumstances in which the object was used or possessed;
724
(ii) the primary purpose for which the object was made;
725
(iii) the character of the wound, if any, produced by the object's unlawful use;
726
(iv) the manner in which the object was unlawfully used;
727
(v) whether the manner in which the object is used or possessed constitutes a
728
potential imminent threat to public safety; and
729
(vi) the lawful purposes for which the object may be used.
730
(c) "Dangerous weapon" does not include an explosive, chemical, or incendiary device
731
as defined by Section 76-10-306.
732
(7)(a) "Dating relationship" means a romantic or intimate relationship between
733
individuals.
734
(b) "Dating relationship" does not include a casual acquaintanceship or ordinary
735
fraternization in a business or social context.
736
(8) "Dealer" means a person who is:
737
(a) licensed under 18 U.S.C. Sec. 923; and
738
(b) engaged in the business of selling, leasing, or otherwise transferring a handgun,
739
whether the person is a retail or wholesale dealer, pawnbroker, or otherwise.
740
(9) "Domestic violence" means the same as that term is defined in Section 77-36-1.
741
(10) "Enter" means intrusion of the entire body.
742
(11) "Federal Firearms Licensee" means a person who:
743
(a) holds a valid Federal Firearms License issued under 18 U.S.C. Sec. 923; and
744
(b) is engaged in the activities authorized by the specific category of license held.
745
(12)(a) "Firearm" means a pistol, revolver, shotgun, short barreled shotgun, rifle or
- 22 - 01-16 14:31 S.B. 130
746
short barreled rifle, or a device that could be used as a dangerous weapon from which
747
is expelled a projectile by action of an explosive.
748
(b) As used in Sections 76-10-526 and 76-10-527, "firearm" does not include an antique
749
firearm.
750
(13) "Firearms transaction record form" means a form created by the bureau to be
751
completed by a person purchasing, selling, or transferring a handgun from a dealer in the
752
state.
753
(14) "Fully automatic weapon" means a firearm which fires, is designed to fire, or can be
754
readily restored to fire, automatically more than one shot without manual reloading by a
755
single function of the trigger.
756
(15)(a) "Handgun" means a pistol, revolver, or other firearm of any description, loaded
757
or unloaded, from which a shot, bullet, or other missile can be discharged, the length
758
of which, not including any revolving, detachable, or magazine breech, does not
759
exceed 12 inches.
760
(b) As used in Sections 76-10-520[,] and 76-10-521, [and 76-10-522, ]"handgun" and
761
"pistol or revolver" do not include an antique firearm.
762
(16) "House of worship" means a church, temple, synagogue, mosque, or other building set
763
apart primarily for the purpose of worship in which religious services are held and the
764
main body of which is kept for that use and not put to any other use inconsistent with its
765
primary purpose.
766
(17) "Machinegun firearm attachment" means any part or combination of parts added to a
767
semiautomatic firearm that allows the firearm to fire as a fully automatic weapon.
768
(18) "Prohibited area" means a place where it is unlawful to discharge a firearm.
769
(19) "Readily accessible for immediate use" means that a firearm or other dangerous
770
weapon is carried on the person or within such close proximity and in such a manner
771
that it can be retrieved and used as readily as if carried on the person.
772
(20) "Residence" means an improvement to real property used or occupied as a primary or
773
secondary residence.
774
(21) "Securely encased" means not readily accessible for immediate use, such as held in a
775
gun rack, or in a closed case or container, whether or not locked, or in a trunk or other
776
storage area of a motor vehicle, not including a glove box or console box.
777
(22) "Short barreled shotgun" or "short barreled rifle" means a shotgun having a barrel or
778
barrels of fewer than 18 inches in length, or in the case of a rifle, having a barrel or
779
barrels of fewer than 16 inches in length, or a dangerous weapon made from a rifle or
- 23 - S.B. 130 01-16 14:31
780
shotgun by alteration, modification, or otherwise, if the weapon as modified has an
781
overall length of fewer than 26 inches.
782
(23) "Shotgun" means a smooth bore firearm designed to fire cartridges containing pellets
783
or a single slug.
784
(24) "Shoulder arm" means a firearm that is designed to be fired while braced against the
785
shoulder.
786
(25) "Single criminal episode" means the same as that term is defined in Section 76-1-401.
787
(26) "Slug" means a single projectile discharged from a shotgun shell.
788
(27) "State entity" means a department, commission, board, council, agency, institution,
789
officer, corporation, fund, division, office, committee, authority, laboratory, library, unit,
790
bureau, panel, or other administrative unit of the state.
791
(28) "Violent felony" means the same as that term is defined in Section 76-3-203.5.
792
Section 8. Section 76-10-503 is amended to read:
793
76-10-503 . Restrictions on possession, purchase, transfer, and ownership of
794
dangerous weapons by certain persons -- Exceptions.
795
(1) For purposes of this section:
796
(a) "Ammunition" means a live round with a projectile, designed for use in and capable
797
of being fired from a firearm.
798
[(a)] (b) A Category I restricted person is a person who:
799
(i) has been convicted of a violent felony;
800
(ii) is on probation or parole for a felony;
801
(iii) is on parole from secure care, as defined in Section 80-1-102;
802
(iv) within the last 10 years has been adjudicated under Section 80-6-701 for an
803
offense which if committed by an adult would have been a violent felony as
804
defined in Section 76-3-203.5;
805
(v) is an alien who is illegally or unlawfully in the United States; or
806
(vi) is on probation for a conviction of possessing:
807
(A) a substance classified in Section 58-37-4 as a Schedule I or II controlled
808
substance;
809
(B) a controlled substance analog; or
810
(C) a substance listed in Section 58-37-4.2.
811
[(b)] (c) A Category II restricted person is a person who:
812
(i) has been convicted of:
813
(A) a domestic violence offense that is a felony;
- 24 - 01-16 14:31 S.B. 130
814
(B) a felony that is not a domestic violence offense or a violent felony and within
815
seven years after completing the sentence for the conviction, has been
816
convicted of or charged with another felony or class A misdemeanor;
817
(C) multiple felonies that are part of a single criminal episode and are not
818
domestic violence offenses or violent felonies and within seven years after
819
completing the sentence for the convictions, has been convicted of or charged
820
with another felony or class A misdemeanor; or
821
(D) multiple felonies that are not part of a single criminal episode;
822
(ii)(A) within the last seven years has completed a sentence for:
823
(I) a conviction for a felony that is not a domestic violence offense or a violent
824
felony; or
825
(II) convictions for multiple felonies that are part of a single criminal episode
826
and are not domestic violence offenses or violent felonies; and
827
(B) within the last seven years and after the completion of a sentence for a
828
conviction described in Subsection [(1)(b)(ii)(A)] (1)(c)(ii)(A), has not been
829
convicted of or charged with another felony or class A misdemeanor;
830
(iii) within the last seven years has been adjudicated delinquent for an offense which
831
if committed by an adult would have been a felony;
832
(iv) is an unlawful user of a controlled substance as defined in Section 58-37-2;
833
(v) is in possession of a dangerous weapon and is knowingly and intentionally in
834
unlawful possession of a Schedule I or II controlled substance as defined in
835
Section 58-37-2;
836
(vi) has been found not guilty by reason of insanity for a felony offense;
837
(vii) has been found mentally incompetent to stand trial for a felony offense;
838
(viii) has been adjudicated as mentally defective as provided in the Brady Handgun
839
Violence Prevention Act, Pub. L. No. 103-159, 107 Stat. 1536 (1993), or has been
840
committed to a mental institution;
841
(ix) has been dishonorably discharged from the armed forces;
842
(x) has renounced the individual's citizenship after having been a citizen of the
843
United States;
844
(xi) is a respondent or defendant subject to a protective order or child protective order
845
that is issued after a hearing for which the respondent or defendant received actual
846
notice and at which the respondent or defendant has an opportunity to participate,
847
that restrains the respondent or defendant from harassing, stalking, threatening, or
- 25 - S.B. 130 01-16 14:31
848
engaging in other conduct that would place an intimate partner, as defined in 18
849
U.S.C. Sec. 921, or a child of the intimate partner, in reasonable fear of bodily
850
injury to the intimate partner or child of the intimate partner, and that:
851
(A) includes a finding that the respondent or defendant represents a credible threat
852
to the physical safety of an individual who meets the definition of an intimate
853
partner in 18 U.S.C. Sec. 921 or the child of the individual; or
854
(B) explicitly prohibits the use, attempted use, or threatened use of physical force
855
that would reasonably be expected to cause bodily harm against an intimate
856
partner or the child of an intimate partner; or
857
(xii) except as provided in Subsection [(1)(d)] (1)(e), has been convicted of the
858
commission or attempted commission of misdemeanor assault under Section
859
76-5-102 or aggravated assault under Section 76-5-103 against an individual:
860
(A) who is a current or former spouse, parent, or guardian;
861
(B) with whom the restricted person shares a child in common;
862
(C) who is cohabitating or has cohabitated with the restricted person as a spouse,
863
parent, or guardian;
864
(D) involved in a dating relationship with the restricted person within the last five
865
years; or
866
(E) similarly situated to a spouse, parent, or guardian of the restricted person.
867
[(c)] (d)(i) As used in this section, a conviction of a felony or adjudication of
868
delinquency for an offense which would be a felony if committed by an adult does
869
not include:
870
(A) a conviction or an adjudication under Section 80-6-701 for an offense
871
pertaining to antitrust violations, unfair trade practices, restraint of trade, or
872
other similar offenses relating to the regulation of business practices not
873
involving theft or fraud; or
874
(B) a conviction or an adjudication under Section 80-6-701 which, in accordance
875
with the law of the jurisdiction in which the conviction or adjudication
876
occurred, has been expunged, set aside, reduced to a misdemeanor by court
877
order, pardoned or regarding which the person's civil rights have been restored
878
unless the pardon, reduction, expungement, or restoration of civil rights
879
expressly provides that the person may not ship, transport, possess, or receive
880
firearms.
881
(ii) As used in this section, a conviction for misdemeanor assault under Subsection [
- 26 - 01-16 14:31 S.B. 130
882
(1)(b)(xii)] (1)(c)(xii), does not include a conviction which, in accordance with the
883
law of the jurisdiction in which the conviction occurred, has been expunged, set
884
aside, reduced to an infraction by court order, pardoned, or regarding which the
885
person's civil rights have been restored, unless the pardon, reduction,
886
expungement, or restoration of civil rights expressly provides that the person may
887
not ship, transport, possess, or receive firearms.
888
(iii) It is the burden of the defendant in a criminal case to provide evidence that a
889
conviction or an adjudication under Section 80-6-701 is subject to an exception
890
provided in this Subsection [(1)(c)] (1)(d), after which it is the burden of the state
891
to prove beyond a reasonable doubt that the conviction or the adjudication is not
892
subject to that exception.
893
[(d)] (e) A person is not a restricted person for a conviction under Subsection [
894
(1)(b)(xii)(D)] (1)(c)(xii)(D) if:
895
(i) five years have elapsed from the later of:
896
(A) the day on which the conviction is entered;
897
(B) the day on which the person is released from incarceration following the
898
conviction; or
899
(C) the day on which the person's probation for the conviction is successfully
900
terminated;
901
(ii) the person only has a single conviction for misdemeanor assault as described in
902
Subsection [(1)(b)(xii)(D)] (1)(c)(xii)(D); and
903
(iii) the person is not otherwise a restricted person under Subsection [(1)(a) or (b).]
904
(1)(b) or (c).
905
(2) A Category I restricted person who intentionally or knowingly agrees, consents, offers,
906
or arranges to purchase, transfer, possess, use, or have under the person's custody or
907
control, or who intentionally or knowingly purchases, transfers, possesses, uses, or has
908
under the person's custody or control:
909
(a) a firearm or ammunition is guilty of a second degree felony; or
910
(b) a dangerous weapon other than a firearm is guilty of a third degree felony.
911
(3) A Category II restricted person who intentionally or knowingly purchases, transfers,
912
possesses, uses, or has under the person's custody or control:
913
(a) a firearm or ammunition is guilty of a third degree felony; or
914
(b) a dangerous weapon other than a firearm is guilty of a class A misdemeanor.
915
(4) A person may be subject to the restrictions of both categories at the same time.
- 27 - S.B. 130 01-16 14:31
916
(5) A Category I or Category II restricted person may not use an antique firearm for an
917
activity regulated under Title 23A, Wildlife Resources Act.
918
(6) If a higher penalty than is prescribed in this section is provided in another section for
919
one who purchases, transfers, possesses, uses, or has under this custody or control a
920
dangerous weapon or ammunition, the penalties of that section control.
921
(7) It is an affirmative defense to a charge based on the definition in Subsection [(1)(b)(v)]
922
(1)(c)(v) that the person was:
923
(a) in possession of a controlled substance [pursuant to] under a lawful order of a
924
practitioner for use of a member of the person's household or for administration to an
925
animal owned by the person or a member of the person's household; or
926
(b) otherwise authorized by law to possess the substance.
927
(8)(a) It is an affirmative defense to transferring a firearm, [or ]other dangerous weapon,
928
or ammunition by a person restricted under Subsection (2) or (3) that the firearm[ or] ,
929
other dangerous weapon, or ammunition:
930
(i) was possessed by the person or was under the person's custody or control before
931
the person became a restricted person;
932
(ii) was not used in or possessed during the commission of a crime or subject to
933
disposition under [Section ]Title 77, Chapter 11a, Part 4, Disposal of Seized
934
Property and Contraband;
935
(iii) is not being held as evidence by a court or law enforcement agency;
936
(iv) was transferred to a person not legally prohibited from possessing the [weapon]
937
firearm, other dangerous weapon, or ammunition; and
938
(v) unless a different time is ordered by the court, was transferred within 10 days of
939
the person becoming a restricted person.
940
(b) Subsection (8)(a) is not a defense to the use, purchase, or possession on the person of
941
a firearm[ or] , other dangerous weapon, or ammunition by a restricted person.
942
(9)(a) A person may not sell, transfer, or otherwise dispose of a firearm[ or] , other
943
dangerous weapon, or ammunition to a person, knowing that the recipient is a person
944
described in Subsection [(1)(a) or (b)] (1)(b) or (c).
945
(b) A person who violates Subsection (9)(a) when the recipient is:
946
(i) a person described in Subsection [(1)(a)] (1)(b) and the transaction involves a
947
firearm, is guilty of a second degree felony;
948
(ii) a person described in Subsection [(1)(a)] (1)(b) and the transaction involves a
949
dangerous weapon other than a firearm, and the transferor has knowledge that the
- 28 - 01-16 14:31 S.B. 130
950
recipient intends to use the dangerous weapon for any unlawful purpose, is guilty
951
of a third degree felony;
952
(iii) a person described in Subsection [(1)(b)] (1)(c) and the transaction involves a
953
firearm or ammunition, is guilty of a third degree felony; or
954
(iv) a person described in Subsection [(1)(b)] (1)(c) and the transaction involves a
955
dangerous weapon other than a firearm, and the transferor has knowledge that the
956
recipient intends to use the dangerous weapon for an unlawful purpose, is guilty of
957
a class A misdemeanor.
958
(10)(a) As used in this Subsection (10), "materially false information" means
959
information that portrays an illegal transaction as legal or a legal transaction as illegal.
960
(b) A person may not knowingly solicit, persuade, encourage or entice a dealer or other
961
person to sell, transfer or otherwise dispose of a firearm[ or] , other dangerous weapon,
962
or ammunition under circumstances [which] that the person knows would be a
963
violation of the law.
964
[(b)] (c) A person may not provide to a dealer or other person information that the person
965
knows to be materially false information with intent to deceive the dealer or other
966
person about the legality of a sale, transfer or other disposition of a firearm[ or] , other
967
dangerous weapon, or ammunition.
968
[(c) "Materially false information" means information that portrays an illegal
969
transaction as legal or a legal transaction as illegal.]
970
(d) A person who violates this Subsection (10) is guilty of:
971
(i) a third degree felony if the transaction involved a firearm or ammunition; or
972
(ii) a class A misdemeanor if the transaction involved a dangerous weapon other than
973
a firearm.
974
Section 9. Section 76-10-503.1 is amended to read:
975
76-10-503.1 . Firearm restriction notification requirement.
976
(1) As used in this section:
977
(a) "Peace officer" means an officer described Section 53-13-102.
978
(b) "Possess" means actual physical possession, actual or purported ownership, or
979
exercising control of an item.
980
(c) "Restricted person" means an individual who is restricted from possessing,
981
purchasing, transferring, or owning a firearm or ammunition under Section 76-10-503.
982
(2) A defendant intending to plead guilty or no contest to a criminal charge that will, upon
983
conviction, cause the defendant to become a restricted person shall, before entering a
- 29 - S.B. 130 01-16 14:31
984
plea before a court, sign an acknowledgment that states:
985
(a) the defendant's attorney or the prosecuting attorney has informed the defendant:
986
(i) that conviction of the charge will classify the defendant as a restricted person;
987
(ii) that a restricted person may not possess a firearm or ammunition; and
988
(iii) of the criminal penalties associated with possession of a firearm or ammunition
989
by a restricted person of the same category the defendant will become upon
990
entering a plea for the criminal charge; and
991
(b) the defendant acknowledges and understands that, by pleading guilty or no contest to
992
the criminal charge, the defendant:
993
(i) will be a restricted person;
994
(ii) upon conviction, shall forfeit possession of each firearm and all ammunition
995
currently possessed by the defendant; and
996
(iii) will be in violation of federal and state law if the defendant possesses a firearm
997
or ammunition.
998
(3) The prosecuting attorney or the defendant's attorney shall provide the acknowledgment
999
described in Subsection (2) to the court before the defendant's entry of a plea, if the
1000
defendant pleads guilty or no contest.
1001
(4) A defendant who is convicted by trial of a criminal charge resulting in the defendant
1002
becoming a restricted person shall, at the time of sentencing:
1003
(a) be verbally informed by the court, prosecuting attorney, or defendant's attorney:
1004
(i) that the defendant is a restricted person;
1005
(ii) that, as a restricted person, the defendant may not possess a firearm or ammunition;
1006
and
1007
(iii) of the criminal penalties associated with possession of a firearm or ammunition
1008
by a restricted person of the defendant's category; and
1009
(b) sign an acknowledgment in the presence of the court attesting that the defendant
1010
acknowledges and understands that the defendant:
1011
(i) is a restricted person;
1012
(ii) shall forfeit possession of each firearm and all ammunition; and
1013
(iii) will be in violation of federal and state law if the defendant possesses a firearm
1014
or ammunition.
1015
(5) The prosecuting attorney and the defendant's attorney shall inform the court at the
1016
preliminary hearing if a charge filed against the defendant would qualify the defendant
1017
as a restricted person if the defendant is convicted of the charge.
- 30 - 01-16 14:31 S.B. 130
1018
(6) The failure to inform or obtain a signed acknowledgment from the defendant may not
1019
render the plea invalid, form the basis for withdrawal of the plea, or create a basis to
1020
challenge a conviction or sentence.
1021
(7) An individual who becomes a restricted person as a result of being served with a pretrial
1022
protective order in accordance with Section 78B-7-803, a sentencing protective order in
1023
accordance with Section 77-36-5, or a continuous protective order in accordance with
1024
Section 77-36-5, shall, at the time of service of the protective order:
1025
(a) be verbally informed by the court, prosecuting attorney, defendant's attorney, or, if a
1026
peace officer is serving the protective order, the peace officer:
1027
(i) that the individual is a restricted person;
1028
(ii) that, as a restricted person, the individual may not possess a firearm or
1029
ammunition; and
1030
(iii) of the criminal penalties associated with possession of a firearm or ammunition
1031
by a restricted person of the individual's category; and
1032
(b) sign, in the presence of the court or, if a peace officer serves the protective order, in
1033
the presence of the peace officer, an acknowledgment contained within the protective
1034
order document attesting that the individual acknowledges and understands that the
1035
individual:
1036
(i) is a restricted person;
1037
(ii) is required to relinquish possession of each firearm and all ammunition;
1038
(iii) will be in violation of federal and state law if the individual possesses a firearm
1039
or ammunition; and
1040
(iv) may be eligible for an affirmative defense to a state-law prosecution for
1041
possession of a firearm or ammunition under Section 76-10-503 if the individual
1042
lawfully transfers the individual's firearms within 10 days of becoming a restricted
1043
person.
1044
Section 10. Section 76-10-509.4 is amended to read:
1045
76-10-509.4 . Possession of a dangerous weapon by a minor.
1046
(1) As used in this section, "responsible adult" means an individual:
1047
(a) who is 18 years old or older; and
1048
(b) who may lawfully possess a dangerous weapon.
1049
(2) An actor who is under 18 years old may not possess a dangerous weapon.
1050
(3)(a) Except as provided in Subsection (3)(b), a violation of Subsection (2) is:
1051
(i) a class B misdemeanor for a first offense; and
- 31 - S.B. 130 01-16 14:31
1052
(ii) a class A misdemeanor for each subsequent offense.
1053
(b) A violation of Subsection (2) is a third degree felony if the dangerous weapon is:
1054
(i) a handgun;
1055
(ii) a short barreled rifle;
1056
(iii) a short barreled shotgun; or
1057
(iv) a fully automatic weapon[; or] .
1058
[(v) a machinegun firearm attachment.]
1059
(4) For an actor who is younger than 14 years old, this section does not apply if the actor:
1060
(a) possesses a dangerous weapon;
1061
(b) has permission from the actor's parent or guardian to possess the dangerous weapon;
1062
(c) is accompanied by the actor's parent or guardian, or a responsible adult, while the
1063
actor has the dangerous weapon in the actor's possession; and
1064
(d) does not use the dangerous weapon in the commission of a crime.
1065
(5) For an actor who is 14 years old or older but younger than 18 years old, this section
1066
does not apply if the actor:
1067
(a) possesses a dangerous weapon;
1068
(b) has permission from the actor's parent or guardian to possess the dangerous weapon;
1069
and
1070
(c) does not use the dangerous weapon in the commission of a crime.
1071
Section 11. Section 76-10-522 is amended to read:
1072
76-10-522 . Alteration of number or mark on a firearm -- Possession of firearm
1073
without identification mark.
1074
(1) Any person who changes, alters, removes, or obliterates the name of the maker, the
1075
model, manufacturer's number, or other mark of identification, including any
1076
distinguishing number or mark assigned by the Department of Public Safety, on [any
1077
pistol or revolver] a firearm or large-capacity ammunition feeding device described in
1078
Section 76-10-535, without first having secured written permission from the Department
1079
of Public Safety to make the change, alteration, or removal, is guilty of a class A
1080
misdemeanor.
1081
(2) A person is guilty of a class A misdemeanor if the person possesses:
1082
(a) a firearm that has been altered as described in Subsection (1); or
1083
(b) a firearm that does not have a manufacturer's number or other mark of identification
1084
to identify the firearm.
1085
Section 12. Section 76-10-526 is amended to read:
- 32 - 01-16 14:31 S.B. 130
1086
76-10-526 . Criminal background check prior to purchase of a firearm -- Fee --
1087
Exemption for concealed firearm permit holders and law enforcement officers.
1088
(1) For purposes of this section, "valid permit to carry a concealed firearm" does not
1089
include a temporary permit issued under Section 53-5-705.
1090
(2)(a) To establish personal identification and residence in this state for purposes of this
1091
part, a dealer shall require an individual receiving a firearm to present one photo
1092
identification on a form issued by a governmental agency of the state.
1093
(b) A dealer may not accept a driving privilege card issued under Section 53-3-207 as
1094
proof of identification for the purpose of establishing personal identification and
1095
residence in this state as required under this Subsection (2).
1096
(3)(a) A criminal history background check is required for the sale of a firearm by a
1097
licensed firearm dealer in the state.
1098
(b) Subsection (3)(a) does not apply to the sale of a firearm to a Federal Firearms
1099
Licensee.
1100
(4)(a) An individual purchasing a firearm from a dealer shall consent in writing to a
1101
criminal background check, on a form provided by the bureau.
1102
(b) The form shall contain the following information:
1103
(i) the dealer identification number;
1104
(ii) the name and address of the individual receiving the firearm;
1105
(iii) the date of birth, height, weight, eye color, and hair color of the individual
1106
receiving the firearm; and
1107
(iv) the social security number or any other identification number of the individual
1108
receiving the firearm.
1109
(5)(a) The dealer shall send the information required by Subsection (4) to the bureau
1110
immediately upon its receipt by the dealer.
1111
(b) A dealer may not sell or transfer a firearm to an individual until the dealer has
1112
provided the bureau with the information in Subsection (4) and has received approval
1113
from the bureau under Subsection (7).
1114
(6) The dealer shall make a request for criminal history background information by
1115
telephone or other electronic means to the bureau and shall receive approval or denial of
1116
the inquiry by telephone or other electronic means.
1117
(7) When the dealer calls for or requests a criminal history background check, the bureau
1118
shall:
1119
(a) review the criminal history files, including juvenile court records, and the temporary
- 33 - S.B. 130 01-16 14:31
1120
restricted file created under Section 53-5c-301, to determine if the individual is
1121
prohibited from purchasing, possessing, or transferring a firearm by state or federal
1122
law;
1123
(b) inform the dealer that:
1124
(i) the records indicate the individual is prohibited; or
1125
(ii) the individual is approved for purchasing, possessing, or transferring a firearm;
1126
(c) provide the dealer with a unique transaction number for that inquiry; and
1127
(d) provide a response to the requesting dealer during the call for a criminal background
1128
check, or by return call, or other electronic means, without delay, except in case of
1129
electronic failure or other circumstances beyond the control of the bureau, the bureau
1130
shall advise the dealer of the reason for the delay and give the dealer an estimate of
1131
the length of the delay.
1132
(8)(a) The bureau may not maintain any records of the criminal history background
1133
check longer than 20 days from the date of the dealer's request, if the bureau
1134
determines that the individual receiving the firearm is not prohibited from
1135
purchasing, possessing, or transferring the firearm under state or federal law.
1136
(b) However, the bureau shall maintain a log of requests containing the dealer's federal
1137
firearms number, the transaction number, and the transaction date for a period of 12
1138
months.
1139
(9)(a) If the criminal history background check discloses information indicating that the
1140
individual attempting to purchase the firearm is prohibited from purchasing,
1141
possessing, or transferring a firearm, the bureau shall:
1142
(i) within [24 hours] 30 minutes after determining that the purchaser is prohibited
1143
from purchasing, possessing, or transferring a firearm, and before informing the
1144
dealer as described in Subsection (7)(b), notify the law enforcement agency in the
1145
jurisdiction where the dealer is located; and
1146
(ii) inform the law enforcement agency in the jurisdiction where the individual
1147
resides.
1148
(b) Subsection (9)(a) does not apply to an individual prohibited from purchasing a
1149
firearm solely due to placement on the temporary restricted list under Section
1150
53-5c-301.
1151
(c) A law enforcement agency that receives information from the bureau under
1152
Subsection (9)(a) shall provide a report before August 1 of each year to the bureau
1153
that includes:
- 34 - 01-16 14:31 S.B. 130
1154
(i) based on the information the bureau provides to the law enforcement agency under
1155
Subsection (9)(a), the number of cases that involve an individual who is
1156
prohibited from purchasing, possessing, or transferring a firearm as a result of a
1157
conviction for an offense involving domestic violence; and
1158
(ii) of the cases described in Subsection (9)(c)(i):
1159
(A) the number of cases the law enforcement agency investigates; and
1160
(B) the number of cases the law enforcement agency investigates that result in a
1161
criminal charge.
1162
(d) The bureau shall:
1163
(i) compile the information from the reports described in Subsection (9)(c);
1164
(ii) omit or redact any identifying information in the compilation; and
1165
(iii) submit the compilation to the Law Enforcement and Criminal Justice Interim
1166
Committee before November 1 of each year.
1167
(10) If an individual is denied the right to purchase a firearm under this section, the
1168
individual may review the individual's criminal history information and may challenge
1169
or amend the information as provided in Section 53-10-108.
1170
(11) The bureau shall make rules in accordance with Title 63G, Chapter 3, Utah
1171
Administrative Rulemaking Act, to ensure the identity, confidentiality, and security of
1172
all records provided by the bureau under this part are in conformance with the
1173
requirements of the Brady Handgun Violence Prevention Act, Pub. L. No. 103-159, 107
1174
Stat. 1536 (1993).
1175
(12)(a) A dealer shall collect a criminal history background check fee for the sale of a
1176
firearm under this section.
1177
(b) The fee described under Subsection (12)(a) remains in effect until changed by the
1178
bureau through the process described in Section 63J-1-504.
1179
(c)(i) The dealer shall forward at one time all fees collected for criminal history
1180
background checks performed during the month to the bureau by the last day of
1181
the month following the sale of a firearm.
1182
(ii) The bureau shall deposit the fees in the General Fund as dedicated credits to
1183
cover the cost of administering and conducting the criminal history background
1184
check program.
1185
(13) An individual with a concealed firearm permit issued under Title 53, Chapter 5, Part 7,
1186
Concealed Firearm Act, is exempt from the background check and corresponding fee
1187
required in this section for the purchase of a firearm if:
- 35 - S.B. 130 01-16 14:31
1188
(a) the individual presents the individual's concealed firearm permit to the dealer prior to
1189
purchase of the firearm; and
1190
(b) the dealer verifies with the bureau that the individual's concealed firearm permit is
1191
valid.
1192
(14)(a) A law enforcement officer, as defined in Section 53-13-103, is exempt from the
1193
background check fee required in this section for the purchase of a personal firearm
1194
to be carried while off-duty if the law enforcement officer verifies current
1195
employment by providing a letter of good standing from the officer's commanding
1196
officer and current law enforcement photo identification.
1197
(b) Subsection (14)(a) may only be used by a law enforcement officer to purchase a
1198
personal firearm once in a 24-month period.
1199
(15) A dealer engaged in the business of selling, leasing, or otherwise transferring a firearm
1200
shall:
1201
(a) make the firearm safety brochure described in Subsection 26B-5-211(3) available to
1202
a customer free of charge; and
1203
(b) at the time of purchase, or at the time of delivering the firearm if the waiting period
1204
described in Subsection 76-10-526.2(2) applies, distribute a cable-style gun lock
1205
provided to the dealer under Subsection 26B-5-211(3) to a customer purchasing a
1206
shotgun, short barreled shotgun, short barreled rifle, rifle, or another firearm that
1207
federal law does not require be accompanied by a gun lock at the time of purchase.
1208
Section 13. Section 76-10-526.2 is enacted to read:
1209
76-10-526.2 . Waiting period for purchase of firearm -- Exceptions -- Penalty.
1210
(1) As used in this section, "valid permit to carry a concealed firearm" does not include a
1211
temporary permit issued under Section 53-5-705.
1212
(2) Except as provided in Subsection (3), a dealer may not deliver a firearm to a purchaser
1213
before the later of:
1214
(a) five days after the day on which the firearm was purchased; or
1215
(b) the day on which the background check described in Section 76-10-526 is completed.
1216
(3) The waiting period described in Subsection (2) does not apply:
1217
(a) to the trade of one firearm for another firearm; or
1218
(b) to a purchase of a firearm by:
1219
(i) an individual with a valid permit to carry a concealed firearm who is exempt from
1220
the criminal background check fee under Subsection 76-10-526(13);
1221
(ii) a law enforcement officer who is exempt from the criminal background check fee
- 36 - 01-16 14:31 S.B. 130
1222
under Subsection 76-10-526(14); or
1223
(iii) a Federal Firearm Licensee.
1224
(4) A violation of Subsection (2) is subject to the penalties described in Section 76-10-527.
1225
Section 14. Section 76-10-527 is amended to read:
1226
76-10-527 . Penalties.
1227
(1) A dealer is guilty of a class A misdemeanor who willfully and intentionally:
1228
(a) requests, obtains, or seeks to obtain criminal history background information under
1229
false pretenses;
1230
(b) disseminates criminal history background information; or
1231
(c) violates Section 76-10-526 or 76-10-526.2.
1232
(2) [A person ] An actor who purchases or transfers a firearm is guilty of a [felony of the ]
1233
third degree felony if the [person] actor willfully and intentionally makes a false
1234
statement of the information required for:
1235
(a) [ ]a criminal background check in Section 76-10-526[.] ; or
1236
(b) an exemption to the waiting period under Section 76-10-526.2.
1237
(3) Except as otherwise provided in Subsection (1), a dealer is guilty of a [felony of the ]
1238
third degree felony if the dealer willfully and intentionally sells or transfers a firearm in
1239
violation of this part.
1240
(4) [A person ] An actor is guilty of [a felony of the] a third degree felony if the [person] actor
1241
purchases a firearm with the intent to:
1242
(a) resell or otherwise provide a firearm to a person who is ineligible to purchase or
1243
receive a firearm from a dealer; or
1244
(b) transport a firearm out of this state to be resold to an ineligible person.
1245
Section 15. Section 76-10-527.5 is enacted to read:
1246
76-10-527.5 . Dealer written warning requirements.
1247
(1)(a) A dealer shall conspicuously post the following written warning at a purchase
1248
counter: "A FIREARM SHOULD BE SECURED WITH A LOCKING DEVICE OR
1249
STORED IN A LOCKED CONTAINER OR LOCATION. FAILURE TO
1250
PROPERLY SECURE A FIREARM MAY RESULT IN CRIMINAL OR CIVIL
1251
LIABILITY."
1252
(b) A dealer shall print the written warning described in Subsection (1)(a) on yellow
1253
paper in black, capital letters using Arial, Calibri, Cambria, or Times New Roman in
1254
no smaller than 35-point font.
1255
(2) A violation of Subsection (1) is a class C misdemeanor.
- 37 - S.B. 130 01-16 14:31
1256
Section 16. Section 76-10-532 is amended to read:
1257
76-10-532 . Removal from National Instant Check System database.
1258
(1) A person who is subject to the restrictions in Subsection [76-10-503(1)(b)(vi), (vii), or
1259
(viii)] 76-10-503(1)(c)(vi), (vii), or (viii), or 18 U.S.C. 922(d)(4) and (g)(4) based on a
1260
commitment, finding, or adjudication that occurred in this state may petition the district
1261
court in the county in which the commitment, finding, or adjudication occurred to
1262
remove the disability imposed.
1263
(2) The petition shall be filed in the district court in the county where the commitment,
1264
finding, or adjudication occurred. The petition shall include:
1265
(a) a listing of facilities, with their addresses, where the petitioner has ever received
1266
mental health treatment;
1267
(b) a release signed by the petitioner to allow the prosecutor or county attorney to obtain
1268
the petitioner's mental health records;
1269
(c) a verified report of a mental health evaluation conducted by a licensed psychiatrist
1270
occurring within 30 days prior to the filing of the petition, which shall include a
1271
statement regarding:
1272
(i) the nature of the commitment, finding, or adjudication that resulted in the
1273
restriction on the petitioner's ability to purchase or possess a dangerous weapon;
1274
(ii) the petitioner's previous and current mental health treatment;
1275
(iii) the petitioner's previous violent behavior, if any;
1276
(iv) the petitioner's current mental health medications and medication management;
1277
(v) the length of time the petitioner has been stable;
1278
(vi) external factors that may influence the petitioner's stability;
1279
(vii) the ability of the petitioner to maintain stability with or without medication; and
1280
(viii) whether the petitioner is dangerous to public safety; and
1281
(d) a copy of the petitioner's state and federal criminal history record.
1282
(3) The petitioner shall serve the petition on the prosecuting entity that prosecuted the case
1283
or, if the disability is not based on a criminal case, on the county or district attorney's
1284
office having jurisdiction where the petition was filed and the individual who filed the
1285
original action which resulted in the disability.
1286
(4) The court shall schedule a hearing as soon as practicable. The petitioner may present
1287
evidence and subpoena witnesses to appear at the hearing. The prosecuting, county
1288
attorney, or the individual who filed the original action which resulted in the disability
1289
may object to the petition and present evidence in support of the objection.
- 38 - 01-16 14:31 S.B. 130
1290
(5) The court shall consider the following evidence:
1291
(a) the facts and circumstances that resulted in the commitment, finding, or adjudication;
1292
(b) the person's mental health and criminal history records; and
1293
(c) the person's reputation, including the testimony of character witnesses.
1294
(6) The court shall grant the relief if the court finds by clear and convincing evidence that:
1295
(a) the person is not a danger to the person or to others;
1296
(b) the person is not likely to act in a manner dangerous to public safety; and
1297
(c) the requested relief would not be contrary to the public interest.
1298
(7) The court shall issue an order with its findings and send a copy to the bureau.
1299
(8) The bureau, upon receipt of a court order removing a person's disability under
1300
Subsection [76-10-503(1)(b)(viii)] 76-10-503(1)(c)(viii), shall send a copy of the court
1301
order to the National Instant Check System requesting removal of the person's name
1302
from the database. In addition, if the person is listed in a state database utilized by the
1303
bureau to determine eligibility for the purchase or possession of a firearm or to obtain a
1304
concealed firearm permit, the bureau shall remove the petitioner's name or send a copy
1305
of the court's order to the agency responsible for the database for removal of the
1306
petitioner's name.
1307
(9) If the court denies the petition, the petitioner may not petition again for relief until at
1308
least two years after the date of the court's final order.
1309
(10) The petitioner may appeal a denial of the requested relief. The review on appeal shall
1310
be de novo.
1311
Section 17. Section 76-10-533 is enacted to read:
1312
76-10-533 . Unlawful possession, manufacture, distribution, or sale of a
1313
machinegun firearm attachment.
1314
(1) The terms defined in Sections 76-1-101.5 and 76-10-501 apply to this section.
1315
(2) An actor commits unlawful possession, manufacture, distribution, or sale of a
1316
machinegun firearm attachment if the actor intentionally or knowingly:
1317
(a) possesses a machinegun firearm attachment;
1318
(b) manufactures a machinegun firearm attachment;
1319
(c) distributes a machinegun firearm attachment; or
1320
(d) sells a machinegun firearm attachment.
1321
(3)(a) A violation of Subsection (2) is a class B misdemeanor if the actor is 18 years old
1322
or older.
1323
(b) A violation of Subsection (2) is a third degree felony if the actor is younger than 18
- 39 - S.B. 130 01-16 14:31
1324
years old.
1325
Section 18. Section 76-10-534 is enacted to read:
1326
76-10-534 . Unlawful activity regarding a gas-operated semiautomatic firearm.
1327
(1)(a) As used in this section:
1328
(i) "Cartridge" means a package that contains:
1329
(A) a bullet or projectile;
1330
(B) a propellant that creates the pressure to fire the bullet;
1331
(C) a primer that ignites the propellant when struck by a firing pin; and
1332
(D) a case typically made from brass or steel that holds the components described
1333
in Subsections (1)(a)(i)(A) through (C) together.
1334
(ii) "Cycle the action" means to extract an expended cartridge, chamber the next
1335
cartridge, and prepare the firing mechanism to fire again.
1336
(iii) "Gas-operated firearm" means a firearm that harnesses or traps a portion of
1337
high-pressure gas from a fired cartridge to cycle the action using:
1338
(A) a long-stroke piston, in which gas is vented from the barrel to a piston that is
1339
mechanically fixed to the bolt group and moves to cycle the action;
1340
(B) a short-stroke piston, in which gas is vented from the barrel to a piston that
1341
moves separately from the bolt group so that the energy is imparted through a
1342
gas piston to cycle the action;
1343
(C) a system that traps and vents gas from either the barrel or the chamber to
1344
directly strike or impinge the bolt, bolt carrier, or slide assembly to unlock and
1345
cycle the action;
1346
(D) a hybrid system that combines elements of a system described in Subsection
1347
(1)(a)(iii)(C) with a system described in Subsection (1)(a)(iii)(A) or (B) to
1348
capture gas vented from the barrel to cycle the action;
1349
(E) a blowback-operated system that directly uses the expanding gases of the
1350
ignited propellant powder acting on the cartridge to drive the breechblock or
1351
breechbolt rearward; or
1352
(F) a recoil-operated system that uses the recoil force to unlock the breech bolt
1353
and then to complete the cycle of extracting, ejecting, and reloading.
1354
(iv) "Immediate family member" means:
1355
(A) a spouse, parent, brother, sister, or child of an individual;
1356
(B) an individual to whom another individual stands in loco parentis; or
1357
(C) an individual living in the household of another individual and related to that
- 40 - 01-16 14:31 S.B. 130
1358
other individual by blood or marriage.
1359
(v) "Semiautomatic firearm" means a firearm that:
1360
(A) upon initiating the firing sequence, fires the first chambered cartridge and uses
1361
a portion of the energy from firing the cartridges to:
1362
(I) extract the expended cartridge;
1363
(II) chamber the next cartridge; and
1364
(III) prepare the firing mechanism to fire again;
1365
(B) requires a separate pull, release, push, or initiation of the trigger to fire each
1366
cartridge; and
1367
(C) is not a fully automatic weapon.
1368
(b) The terms defined in Sections 76-1-101.5 and 76-10-501 apply to this section.
1369
(2) Except as provided in Subsection (4), an actor commits unlawful activity regarding a
1370
gas-operated semiautomatic firearm if the actor intentionally or knowingly imports,
1371
sells, manufactures, transfers, receives, or possesses a firearm that:
1372
(a) is a gas-operated firearm;
1373
(b) is a semiautomatic firearm; and
1374
(c)(i) has a detachable magazine;
1375
(ii) has a permanently fixed magazine that holds, or can be converted to hold, more
1376
than 15 cartridges if the firearm is a handgun; or
1377
(iii) has a permanently fixed magazine that holds, or can be converted to hold, more
1378
than 10 cartridges if the firearm is not a handgun.
1379
(3)(a) Except as provided in Subsection (3)(b), a violation of Subsection (2) is a class B
1380
misdemeanor.
1381
(b) A violation of Subsection (2) is a third degree felony if the actor uses the firearm to
1382
commit a criminal offense.
1383
(4) This section does not apply to:
1384
(a) an actor who lawfully imports, sells, manufactures, transfers, receives, or possesses a
1385
firearm described in Subsection (2) that is designed to accept, and capable of
1386
operating only with, .22 caliber rimfire cartridges;
1387
(b) an actor who imports, sells, manufactures, transfers, receives, or possesses a firearm
1388
described in Subsection (2) if the actor is otherwise lawfully importing, selling,
1389
manufacturing, transferring, receiving, or possessing the firearm for the purpose of
1390
transferring or selling the firearm to the United States, a state of the United States, or
1391
a federally recognized Indian tribe;
- 41 - S.B. 130 01-16 14:31
1392
(c) a law enforcement officer or other employee of the United States, a state of the
1393
United States, or a federally recognized Indian tribe, who imports, sells,
1394
manufactures, transfers, receives, or possesses a firearm described in Subsection (2)
1395
in accordance with any applicable government policy;
1396
(d) an actor who possesses a firearm described in Subsection (2) if the actor lawfully
1397
possessed the firearm before January 1, 2027, and complies with the registration
1398
requirements described in Section 53-5a-106; or
1399
(e) an actor who receives a firearm described in Subsection (2) from another individual
1400
after January 1, 2027, if:
1401
(i) the firearm that is transferred to the actor was lawfully possessed by the transferor
1402
before January 1, 2027;
1403
(ii) the actor is an immediate family member of the other individual who transferred
1404
the firearm to the actor; and
1405
(iii) the actor complies with the registration requirements described in Section
1406
53-5a-106.
1407
Section 19. Section 76-10-535 is enacted to read:
1408
76-10-535 . Unlawful activity regarding a large-capacity ammunition feeding
1409
device.
1410
(1)(a) As used in this section:
1411
(i) "Ammunition" means the same as that term is defined in Section 53-5d-102.
1412
(ii) "Ammunition feeding device" means a magazine, belt, drum, feed strip, clip,
1413
helical feeding device, or similar device that is not permanently fixed to a firearm.
1414
(b) The terms defined in Sections 76-1-101.5 and 76-10-501 apply to this section.
1415
(2) Except as provided in Subsection (4), an actor commits unlawful activity regarding a
1416
large-capacity ammunition feeding device if the actor intentionally or knowingly
1417
imports, sells, manufactures, transfers, receives, or possesses an ammunition feeding
1418
device that has an overall capacity of, or that can be readily restored, altered, or
1419
converted to accept, more than 10 rounds of ammunition.
1420
(3) A violation of Subsection (2) is a class B misdemeanor.
1421
(4) This section does not apply to:
1422
(a) an actor who lawfully imports, sells, manufactures, transfers, receives, or possesses
1423
an ammunition feeding device described in Subsection (2) if the ammunition feeding
1424
device only accepts .22 caliber or smaller caliber rimfire ammunition;
1425
(b) an actor who imports, sells, manufactures, transfers, receives, or possesses an
- 42 - 01-16 14:31 S.B. 130
1426
ammunition feeding device described in Subsection (2) if the actor is otherwise
1427
lawfully importing, selling, manufacturing, transferring, receiving, or possessing the
1428
ammunition feeding device for the purpose of transferring or selling the ammunition
1429
feeding device to the United States, a state of the United States, or a federally
1430
recognized Indian tribe; or
1431
(c) a law enforcement officer or other employee of the the United States, a state of the
1432
United States, or a federally recognized Indian tribe, who imports, sells,
1433
manufactures, transfers, receives, or possesses an ammunition feeding device
1434
described in Subsection (2) in accordance with any applicable government policy.
1435
Section 20. Section 76-10-1602 is amended to read:
1436
76-10-1602 . Definitions.
1437
As used in this part:
1438
(1) "Enterprise" means any individual, sole proprietorship, partnership, corporation,
1439
business trust, association, or other legal entity, and any union or group of individuals
1440
associated in fact although not a legal entity, and includes illicit as well as licit entities.
1441
(2) "Pattern of unlawful activity" means engaging in conduct which constitutes the
1442
commission of at least three episodes of unlawful activity, which episodes are not
1443
isolated, but have the same or similar purposes, results, participants, victims, or methods
1444
of commission, or otherwise are interrelated by distinguishing characteristics. Taken
1445
together, the episodes shall demonstrate continuing unlawful conduct and be related
1446
either to each other or to the enterprise. At least one of the episodes comprising a
1447
pattern of unlawful activity shall have occurred after July 31, 1981. The most recent act
1448
constituting part of a pattern of unlawful activity as defined by this part shall have
1449
occurred within five years of the commission of the next preceding act alleged as part of
1450
the pattern.
1451
(3) "Person" includes any individual or entity capable of holding a legal or beneficial
1452
interest in property, including state, county, and local governmental entities.
1453
(4) "Unlawful activity" means to directly engage in conduct or to solicit, request, command,
1454
encourage, or intentionally aid another person to engage in conduct which would
1455
constitute any offense described by the following crimes or categories of crimes, or to
1456
attempt or conspire to engage in an act which would constitute any of those offenses,
1457
regardless of whether the act is in fact charged or indicted by any authority or is
1458
classified as a misdemeanor or a felony:
1459
(a) an act prohibited by the criminal provisions under Title 13, Chapter 10, Unauthorized
- 43 - S.B. 130 01-16 14:31
1460
Recording Practices Act;
1461
(b) an act prohibited by the criminal provisions under Title 19, Environmental Quality
1462
Code, Sections 19-1-101 through 19-7-109;
1463
(c) taking, destroying, or possessing wildlife or parts of wildlife for the primary purpose
1464
of sale, trade, or other pecuniary gain under Title 23A, Wildlife Resources Act, or
1465
Section 23A-5-311;
1466
(d) false claims for medical benefits, kickbacks, or other acts prohibited under Title 26B,
1467
Chapter 3, Part 11, Utah False Claims Act, Sections 26B-3-1101 through 26B-3-1112;
1468
(e) an act prohibited by the criminal provisions under Title 32B, Chapter 4, Criminal
1469
Offenses and Procedure Act;
1470
(f) an act prohibited by the criminal provisions under Title 57, Chapter 11, Utah
1471
Uniform Land Sales Practices Act;
1472
(g) an act prohibited by the criminal provisions under Title 58, Chapter 37, Utah
1473
Controlled Substances Act, or Title 58, Chapter 37b, Imitation Controlled Substances
1474
Act, Title 58, Chapter 37c, Utah Controlled Substance Precursor Act, or Title 58,
1475
Chapter 37d, Clandestine Drug Lab Act;
1476
(h) an act prohibited by the criminal provisions under Title 61, Chapter 1, Utah Uniform
1477
Securities Act;
1478
(i) an act prohibited by the criminal provisions under Title 63G, Chapter 6a, Utah
1479
Procurement Code;
1480
(j) assault under Section76-5-102;
1481
(k) aggravated assault under Section 76-5-103;
1482
(l) a threat of terrorism under Section 76-5-107.3;
1483
(m) a criminal homicide offense under Section 76-5-201;
1484
(n) kidnapping under Section76-5-301;
1485
(o) aggravated kidnapping under Section76-5-302;
1486
(p) human trafficking for labor under Section 76-5-308;
1487
(q) human trafficking for sexual exploitation under Section 76-5-308.1;
1488
(r) human smuggling under Section 76-5-308.3;
1489
(s) human trafficking of a child under Section76-5-308.5;
1490
(t) benefiting from trafficking and human smuggling under Section76-5-309;
1491
(u) aggravated human trafficking under Section76-5-310;
1492
(v) sexual exploitation of a minor under Section 76-5b-201;
1493
(w) aggravated sexual exploitation of a minor under Section76-5b-201.1;
- 44 - 01-16 14:31 S.B. 130
1494
(x) arson under Section 76-6-102;
1495
(y) aggravated arson under Section76-6-103;
1496
(z) causing a catastrophe under Section 76-6-105;
1497
(aa) burglary under Section 76-6-202;
1498
(bb) aggravated burglary under Section76-6-203;
1499
(cc) burglary of a vehicle under Section 76-6-204;
1500
(dd) manufacture or possession of an instrument for burglary or theft under Section
1501
76-6-205;
1502
(ee) robbery under Section 76-6-301;
1503
(ff) aggravated robbery under Section76-6-302;
1504
(gg) theft under Section 76-6-404;
1505
(hh) theft by deception under Section 76-6-405;
1506
(ii) theft by extortion under Section 76-6-406;
1507
(jj) receiving stolen property under Section 76-6-408;
1508
(kk) theft of services under Section 76-6-409;
1509
(ll) forgery under Section 76-6-501;
1510
(mm) unlawful use of financial transaction card under Section76-6-506.2;
1511
(nn) unlawful acquisition, possession, or transfer of financial transaction card under
1512
Section76-6-506.3;
1513
(oo) financial transaction card offenses under Section76-6-506.6;
1514
(pp) deceptive business practices under Section 76-6-507;
1515
(qq) bribery or receiving bribe by person in the business of selection, appraisal, or
1516
criticism of goods under Section 76-6-508;
1517
(rr) bribery of a labor official under Section 76-6-509;
1518
(ss) defrauding creditors under Section 76-6-511;
1519
(tt) acceptance of deposit by insolvent financial institution under Section 76-6-512;
1520
(uu) unlawful dealing with property by fiduciary under Section 76-6-513;
1521
(vv) bribery or threat to influence contest under Section 76-6-514;
1522
(ww) making a false credit report under Section 76-6-517;
1523
(xx) criminal simulation under Section 76-6-518;
1524
(yy) criminal usury under Section 76-6-520;
1525
(zz) insurance fraud under Section 76-6-521;
1526
(aaa) retail theft under Section 76-6-602;
1527
(bbb) computer crimes under Section 76-6-703;
- 45 - S.B. 130 01-16 14:31
1528
(ccc) identity fraud under Section 76-6-1102;
1529
(ddd) mortgage fraud under Section 76-6-1203;
1530
(eee) sale of a child under Section 76-7-203;
1531
(fff) bribery to influence official or political actions under Section 76-8-103;
1532
(ggg) threat to influence official or political action under Section 76-8-104;
1533
(hhh) receiving bribe or bribery by public servant under Section 76-8-105;
1534
(iii) receiving bribe for endorsement of person as a public servant under Section
1535
76-8-106;
1536
(jjj) bribery for endorsement of person as public servant under Section 76-8-106.1;
1537
(kkk) official misconduct based on unauthorized act or failure of duty under Section
1538
76-8-201;
1539
(lll) official misconduct concerning inside information under Section76-8-202;
1540
(mmm) obstruction of justice in a criminal investigation or proceeding under Section
1541
76-8-306;
1542
(nnn) acceptance of bribe or bribery to prevent criminal prosecution under Section
1543
76-8-308;
1544
(ooo) harboring or concealing offender who has escaped from official custody under
1545
Section 76-8-309.2;
1546
(ppp) making a false or inconsistent material statement under Section 76-8-502;
1547
(qqq) making a false or inconsistent statement under Section 76-8-503;
1548
(rrr) making a written false statement under Section 76-8-504;
1549
(sss) tampering with a witness under Section 76-8-508;
1550
(ttt) retaliation against a witness, victim, or informant under Section 76-8-508.3;
1551
(uuu) receiving or soliciting a bribe as a witness under Section 76-8-508.7;
1552
(vvv) extortion or bribery to dismiss a criminal proceeding under Section 76-8-509;
1553
(www) tampering with evidence under Section 76-8-510.5;
1554
(xxx) falsification or alteration of a government record under Section 76-8-511, if the
1555
record is a record described in Title 20A, Election Code, or Title 36, Chapter 11,
1556
Lobbyist Disclosure and Regulation Act;
1557
(yyy) public assistance fraud by an applicant for public assistance under Section
1558
76-8-1203.1;
1559
(zzz) public assistance fraud by a recipient of public assistance under Section
1560
76-8-1203.3;
1561
(aaaa) public assistance fraud by a provider under Section 76-8-1203.5;
- 46 - 01-16 14:31 S.B. 130
1562
(bbbb) fraudulently misappropriating public assistance funds under Section 76-8-1203.7;
1563
(cccc) false statement to obtain or increase unemployment compensation under Section
1564
76-8-1301;
1565
(dddd) false statement to prevent or reduce unemployment compensation or liability
1566
under Section 76-8-1302;
1567
(eeee) unlawful failure to comply with Employment Security Act requirements under
1568
Section 76-8-1303;
1569
(ffff) unlawful use or disclosure of employment information under Section 76-8-1304;
1570
(gggg) intentionally or knowingly causing one animal to fight with another under
1571
Subsection 76-9-301(2)(d) or (e), or Section 76-9-301.1;
1572
(hhhh) possession, use, or removal of explosives, chemical, or incendiary devices or
1573
parts under Section 76-10-306;
1574
(iiii) delivery to common carrier, mailing, or placement on premises of an incendiary
1575
device under Section 76-10-307;
1576
(jjjj) possession of a deadly weapon with intent to assault under Section 76-10-507;
1577
(kkkk) unlawful marking of pistol or revolver under Section 76-10-521;
1578
(llll) alteration of number or mark on [pistol or revolver] a firearm or possession of a
1579
firearm that has been altered or does not have an identification mark under Section
1580
76-10-522;
1581
(mmmm) forging or counterfeiting trademarks, trade name, or trade device under
1582
Section 76-10-1002;
1583
(nnnn) selling goods under counterfeited trademark, trade name, or trade devices under
1584
Section 76-10-1003;
1585
(oooo) sales in containers bearing registered trademark of substituted articles under
1586
Section 76-10-1004;
1587
(pppp) selling or dealing with article bearing registered trademark or service mark with
1588
intent to defraud under Section 76-10-1006;
1589
(qqqq) gambling under Section 76-10-1102;
1590
(rrrr) gambling fraud under Section 76-10-1103;
1591
(ssss) gambling promotion under Section 76-10-1104;
1592
(tttt) possessing a gambling device or record under Section 76-10-1105;
1593
(uuuu) confidence game under Section 76-10-1109;
1594
(vvvv) distributing pornographic material under Section 76-10-1204;
1595
(wwww) inducing acceptance of pornographic material under Section 76-10-1205;
- 47 - S.B. 130 01-16 14:31
1596
(xxxx) dealing in harmful material to a minor under Section 76-10-1206;
1597
(yyyy) distribution of pornographic films under Section 76-10-1222;
1598
(zzzz) indecent public displays under Section 76-10-1228;
1599
(aaaaa) prostitution under Section 76-10-1302;
1600
(bbbbb) aiding prostitution under Section 76-10-1304;
1601
(ccccc) exploiting prostitution under Section 76-10-1305;
1602
(ddddd) aggravated exploitation of prostitution under Section 76-10-1306;
1603
(eeeee) communications fraud under Section 76-10-1801;
1604
(fffff) an act prohibited by the criminal provisions of Part 19, Money Laundering and
1605
Currency Transaction Reporting Act;
1606
(ggggg) vehicle compartment for contraband under Section 76-10-2801;
1607
(hhhhh) an act prohibited by the criminal provisions of the laws governing taxation in
1608
this state; or
1609
(iiiii) an act illegal under the laws of the United States and enumerated in 18 U.S.C. Sec.
1610
1961(1)(B), (C), and (D).
1611
Section 21. Section 80-6-104 is amended to read:
1612
80-6-104 . Data collection on offenses committed by minors -- Reporting
1613
requirement.
1614
(1) As used in this section:
1615
(a) "Firearm" means the same as that term is defined in Section 76-10-501.
1616
(b) "Firearm-related offense" means a criminal offense involving a firearm.
1617
(c) "School is in session" means the same as that term is defined in Section 53E-3-516.
1618
(d) "School-sponsored activity" means the same as that term is defined in Section
1619
53E-3-516.
1620
(2) Before July 1 of each year, the Administrative Office of the Courts shall submit the
1621
following data to the State Commission on Criminal and Juvenile Justice, broken down
1622
by judicial district, for the preceding calendar year:
1623
(a) the number of referrals to the juvenile court;
1624
(b) the number of minors diverted to a nonjudicial adjustment;
1625
(c) the number of minors that satisfy the conditions of a nonjudicial adjustment;
1626
(d) the number of minors for whom a petition for an offense is filed in the juvenile court;
1627
(e) the number of minors for whom an information is filed in the juvenile court;
1628
(f) the number of minors bound over to the district court by the juvenile court;
1629
(g) the number of petitions for offenses committed by minors that were dismissed by the
- 48 - 01-16 14:31 S.B. 130
1630
juvenile court;
1631
(h) the number of adjudications in the juvenile court for offenses committed by minors;
1632
(i) the number of guilty pleas entered into by minors in the juvenile court;
1633
(j) the number of dispositions resulting in secure care, community-based placement,
1634
formal probation, and intake probation; and
1635
(k) for each minor charged in the juvenile court with a firearm-related offense:
1636
(i) the minor's age at the time the offense was committed or allegedly committed;
1637
(ii) the minor's zip code at the time that the offense was referred to the juvenile court;
1638
(iii) whether the minor is a restricted person under Subsection [76-10-503(1)(a)(iv) or
1639
(1)(b)(iii)] 76-10-503(1)(b)(iv) or (1)(c)(iii);
1640
(iv) the type of offense for which the minor is charged;
1641
(v) the outcome of the minor's case in juvenile court, including whether the minor
1642
was bound over to the district court or adjudicated by the juvenile court; and
1643
(vi) if a disposition was entered by the juvenile court, whether the disposition
1644
resulted in secure care, community-based placement, formal probation, or intake
1645
probation.
1646
(3) The State Commission on Criminal and Juvenile Justice shall track the disposition of a
1647
case resulting from a firearm-related offense committed, or allegedly committed, by a
1648
minor when the minor is found in possession of a firearm while school is in session or
1649
during a school-sponsored activity.
1650
(4) In collaboration with the Administrative Office of the Courts, the division, and other
1651
agencies, the State Commission on Criminal and Juvenile Justice shall collect data for
1652
the preceding calendar year on:
1653
(a) the length of time that minors spend in the juvenile justice system, including the total
1654
amount of time minors spend under juvenile court jurisdiction, on community
1655
supervision, and in each out-of-home placement;
1656
(b) recidivism of minors who are diverted to a nonjudicial adjustment and minors for
1657
whom dispositions are ordered by the juvenile court, including tracking minors into
1658
the adult corrections system;
1659
(c) changes in aggregate risk levels from the time minors receive services, are under
1660
supervision, and are in out-of-home placement; and
1661
(d) dosages of programming.
1662
(5) On and before October 1 of each year, the State Commission on Criminal and Juvenile
1663
Justice shall prepare and submit a written report to the Judiciary Interim Committee and
- 49 - S.B. 130 01-16 14:31
1664
the Law Enforcement and Criminal Justice Interim Committee that includes:
1665
(a) data collected by the State Commission on Criminal and Juvenile Justice under this
1666
section;
1667
(b) data collected by the State Board of Education under Section 53E-3-516; and
1668
(c) recommendations for legislative action with respect to the data described in this
1669
Subsection (5).
1670
(6) After submitting the written report described in Subsection (5), the State Commission
1671
on Criminal and Juvenile Justice may supplement the report at a later time with updated
1672
data and information the State Board of Education collects under Section 53E-3-516.
1673
(7) Nothing in this section shall be construed to require the disclosure of information or
1674
data that is classified as controlled, private, or protected under Title 63G, Chapter 2,
1675
Government Records Access and Management Act.
1676
Section 22. Section 80-6-1004.1 is amended to read:
1677
80-6-1004.1 . Petition to expunge adjudication -- Hearing and notice -- Waiver --
1678
Order.
1679
(1) An individual may petition the juvenile court for an order to expunge the individual's
1680
juvenile record if:
1681
(a) the individual was adjudicated for an offense in the juvenile court;
1682
(b) the individual has reached 18 years old; and
1683
(c) at least one year has passed from the day on which:
1684
(i) the juvenile court's continuing jurisdiction was terminated; or
1685
(ii) if the individual was committed to secure care, the individual was unconditionally
1686
released from the custody of the division.
1687
(2) If a petitioner is 18 years old or older and seeks an expungement under Subsection (1),
1688
the petition shall include a criminal history report obtained from the Bureau of Criminal
1689
Identification in accordance with Section 53-10-108.
1690
(3) If the juvenile court finds and states on the record the reason why the waiver is
1691
appropriate, the juvenile court may waive:
1692
(a) the age requirement under Subsection (1)(b) for a petition; or
1693
(b) the one-year requirement under Subsection (1)(c) for a petition.
1694
(4)(a) Upon the filing of a petition described in Subsection (1)(a), the juvenile court
1695
shall:
1696
(i) set a date for a hearing; and
1697
(ii) at least 30 days before the day on which the hearing on the petition is scheduled,
- 50 - 01-16 14:31 S.B. 130
1698
notify the prosecuting attorney and any affected agency identified in the
1699
petitioner's juvenile record:
1700
(A) that the petition has been filed; and
1701
(B) of the date of the hearing.
1702
(b)(i) The juvenile court shall provide a victim with the opportunity to request notice
1703
of a petition described in Subsection (1).
1704
(ii) Upon the victim's request under Subsection (4)(b)(i), the victim shall receive
1705
notice of the petition at least 30 days before the day on which the hearing is
1706
scheduled if, before the day on which an expungement order is made, the victim,
1707
or the victim's next of kin or authorized representative if the victim is a child or an
1708
individual who is incapacitated or deceased, submits a written and signed request
1709
for notice to the juvenile court in the judicial district in which the offense occurred
1710
or judgment is entered.
1711
(iii) The notice described in Subsection (4)(b)(ii) shall include a copy of the petition
1712
and any statutes and rules applicable to the petition.
1713
(c) At the hearing, the prosecuting attorney, a victim, and any other individual who may
1714
have relevant information about the petitioner may testify.
1715
(d) The juvenile court may waive the hearing for the petition if:
1716
(i)(A) there is no victim; or
1717
(B) if there is a victim, the victim agrees to the waiver; and
1718
(ii) the prosecuting attorney agrees to the waiver.
1719
(5)(a) Except as provided in Subsection (6), the juvenile court may grant a petition
1720
described in Subsection (1) and order expungement of the petitioner's juvenile record
1721
if the juvenile court finds that the petitioner is rehabilitated to the satisfaction of the
1722
court in accordance with Subsection (5)(b).
1723
(b) In deciding whether to grant a petition described in Subsection (1), the juvenile court
1724
shall consider:
1725
(i) whether expungement of the petitioner's juvenile record is in the best interest of
1726
the petitioner;
1727
(ii) the petitioner's response to programs and treatment;
1728
(iii) the nature and seriousness of the conduct for which the petitioner was
1729
adjudicated;
1730
(iv) the petitioner's behavior subsequent to adjudication;
1731
(v) the petitioner's reason for seeking expungement of the petitioner's juvenile record;
- 51 - S.B. 130 01-16 14:31
1732
and
1733
(vi) if the petitioner is a restricted person under Subsection [76-10-503(1)(a)(iv) or
1734
(b)(iii)] 76-10-503(1)(b)(iv) or (c)(iii):
1735
(A) whether the offense for which the petitioner is a restricted person was
1736
committed with a weapon;
1737
(B) whether expungement of the petitioner's juvenile record poses an unreasonable
1738
risk to public safety; and
1739
(C) the amount of time that has passed since the adjudication of the offense for
1740
which the petitioner is a restricted person.
1741
(6) The juvenile court may not grant a petition described in Subsection (1) and order
1742
expungement of the petitioner's juvenile record if:
1743
(a) the petitioner has been convicted of a violent felony within five years before the day
1744
on which the petition for expungement is filed;
1745
(b) there are delinquency or criminal proceedings pending against the petitioner;
1746
(c) the petitioner has not satisfied a judgment of restitution entered by the juvenile court
1747
for an adjudication in the petitioner's juvenile record;
1748
(d) the petitioner has not satisfied restitution that was a condition of a nonjudicial
1749
adjustment in the petitioner's juvenile record; or
1750
(e) the petitioner's juvenile record contains an adjudication for a violation of:
1751
(i) Section 76-5-202, aggravated murder; or
1752
(ii) Section 76-5-203, murder.
1753
Section 23. Effective Date.
1754
This bill takes effect on January 1, 2027.
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