The Utah Legislature commenced its’ 2014 Legislative session on Monday. Below is a list of bills that may have an affect on you and your 2nd amendment rights. These will be updated and others added as the session progresses. Click on a title to taken to the related page on the Legislatures website.
—
H.B. 75S1 Restoration of Civil Rights for Nonviolent Felons.
BILL STATUS: Bill has passed the House and is awaiting to be heard in the Senate Judiciary Committee.
This bill exempts nonviolent felons from the categories of restricted persons who are prohibited from possessing a dangerous weapon.
Suggested change to the code: (directly from the bill at the time of posting)
51 (c) As used in this section, a conviction of a felony or adjudication of delinquency for
52 an offense which would be a felony if committed by an adult does not include:
53 (i) a conviction or adjudication of delinquency for an offense pertaining to antitrust
54 violations, unfair trade practices, restraint of trade, or other similar offenses relating to the
55 regulation of business practices not involving theft or fraud; or
56 (ii) a conviction or adjudication of delinquency which, according to the law of the
57 jurisdiction in which it occurred, has been expunged, set aside, reduced to a misdemeanor by
58 court order, pardoned or regarding which the person’s civil rights have been restored unless the
59 pardon, reduction, expungement, or restoration of civil rights expressly provides that the person
60 may not ship, transport, possess, or receive firearms.
61 (d) It is the burden of the defendant in a criminal case to provide evidence that a
62 conviction or adjudication of delinquency is subject to an exception provided in Subsection
63 (1)(c), after which it is the burden of the state to prove beyond a reasonable doubt that the
64 conviction or adjudication of delinquency is not subject to that exception.—
—
H.B. 276 Disorderly Conduct Amendments
BILL STATUS: Waiting to be heard at the House Rules Committee — This bill is not moving very fast which can can indicate that it does not have the backing to pass both the House and Senate.
This bill includes displaying a dangerous weapon under certain circumstances in the definition of disorderly conduct.
Suggested change to the code: (directly from the bill at the time of posting)
43 (3) The mere carrying or possession of a holstered or encased firearm, whether visible
44 or concealed, without additional behavior or circumstances that would cause a reasonable
45 person to believe the holstered or encased firearm was carried or possessed unlawfully or with
46 criminal intent, does not constitute a violation of this section. For purposes of this section, the
47 belief of a reasonable person may not be based on a mistake of law. Nothing in this Subsection
48 (3) may limit or prohibit a law enforcement officer from approaching or engaging any person in
49 a voluntary conversation.
—
H.B. 70 Forcible Entry Amendments
BILL STATUS: Waiting to be heard at the House Judiciary Committee — This bill has been held in committee. This is an indication it will go no further in the process.
This bill modifies the Utah Code of Criminal Procedure regarding the use of forcible entry by law enforcement officers when conducting a search or making an arrest.
Highlighted Provisions:
This bill:
- Amends existing law regarding the use of forcible entry by law enforcement officers to include searches;
- Requires law enforcement officers to identify themselves before forcing entry into a building;
- Amends existing law to allow law enforcement officers to force entry into a building without first issuing a demand or explanation if there is probable cause to believe that evidence will be easily or quickly destroyed;
- Requires law enforcement officers to use the least amount of force necessary when executing forcible entry, as authorized;
- Requires that any application for a warrant to forcibly enter a place of residence shall:
- explain why law enforcement officials cannot use less invasive or confrontational methods to effectuate the necessary search or arrest;
- explain why the search or arrest cannot be executed during the day, if it is to be executed at night, as defined; and
- describe investigative activities that have been or will be undertaken prior to executing the search or arrest to ensure that the correct building has been
- identified or explain why no investigative activities are needed; and
- clarifies that any information or property obtained in violation of these provisions is inadmissible in court.
