Bill Summary – FastDemocracy

LEGISLATIVE GENERAL COUNSEL                                             S.B. 224
Approved for Filing: J. Carlton 6                            1st Sub. (Green)
          6 02-15-23 9:51 PM 6
                         Senator Todd D. Weiler proposes the following substitute bill:
                         PARENTAL LIABILITY AMENDMENTS
                                      2023 GENERAL SESSION
                                           STATE OF UTAH
                                Chief Sponsor: Todd D. Weiler
                                House Sponsor: Ryan D. Wilcox
 6
 LONG TITLE
 General Description:
        This bill addresses parental liability for the conduct of a minor.
 Highlighted Provisions:
        This bill:
        < addresses the civil liability of a parent or guardian with legal custody of a minor in
 regards to damages or costs from a fire, property damage, or a threat of terrorism by
 the minor; and
        < makes technical and conforming changes.
 Money Appropriated in this Bill:
        None
 Other Special Clauses:
        None
 Utah Code Sections Affected:                                                                      1st Sub. S.B. 224
 AMENDS:
        53-7-225.1, as enacted by Laws of Utah 2018, Chapter 189
        53G-8-212, as last amended by Laws of Utah 2021, Chapter 262
 ENACTS:
        78B-3-1001, Utah Code Annotated 1953
     *SB0224S01*
       1st Sub. (Green) S.B. 224                                                   02-15-23 9:51 PM
        78B-3-1003, Utah Code Annotated 1953
 RENUMBERS AND AMENDS:
        78B-3-1002, (Renumbered from 80-6-610, as renumbered and amended by Laws of
 Utah 2021, Chapter 261)
30
 Be it enacted by the Legislature of the state of Utah:
        Section 1. Section 53-7-225.1 is amended to read:
        53-7-225.1. Civil liability -- Parental liability for conduct by a minor.
        [(1) (a) An individual who negligently, recklessly, or intentionally causes or spreads a
 fire through discharge of a class C explosive is liable for the cost of suppressing that fire and
 any damages the fire causes.]
        [(b) If the individual described in Subsection (1)(a) is a minor, the parent or legal
 guardian having legal custody of the minor is liable for the costs and damages for which the
 minor is liable under this section.]
        (1) As used in this section, "minor" means an individual who is younger than 18 years
 old.
        (2) A person may bring a cause of action against an individual, who negligently,
 recklessly, or intentionally causes or spreads a fire through discharge of a class C explosive, to
 recover:
        (a) costs incurred by the person in suppressing the fire; or
        (b) damages from the fire suffered by the person.
        (3) (a) Notwithstanding Section 78B-3-1002, and except as provided in Subsection
 (3)(b), a person may bring a cause of action against the parent or legal guardian having legal
 custody of a minor, who negligently, recklessly, or intentionally causes or spreads a fire
 through discharge of a class C explosive, to recover:
        (i) costs incurred by the person in suppressing the fire; or
        (ii) damages from the fire suffered by the person.
        (b) A person may not bring a cause of action against the state, an agency of the state, or
 a contracted provider of an agency of the state, under Subsection (3)(a).
        [(c)] (4) A court may waive part or all of the parent or guardian's liability for damages
 under Subsection [(1)(b)] (3) if the court finds:
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       02-15-23 9:51 PM                                                     1st Sub. (Green) S.B. 224
            [(i)] (a) good cause; and
            [(ii)] (b) that the parent or legal guardian:
            [(A)] (i) made a reasonable effort to supervise and direct the minor; or
            [(B)] (ii) in the event the parent or guardian knew in advance of the minor's negligent,
 reckless, or intentional conduct [described in Subsection (1)(a)], made a reasonable effort to
 restrain the minor.
            [(2)] (5) (a) The conduct described in [Subsection (1)] Subsections (2) and (3) includes
 any negligent, reckless, or intentional conduct, regardless of whether:
            (i) the person discharges a class C common state approved explosive:
            (A) within the permitted time periods described in Subsection 53-7-225(3); or
            (B) in an area where discharge was not prohibited under Subsection 53-7-225(5)(b) or
 (c); or
            (ii) the fire begins on:
            (A) private land;
            (B) land owned by the state or a political subdivision of the state;
            (C) federal land; or
            (D) tribal land.
            (b) Discharging a class C explosive in an area in which fireworks are prohibited due to
 hazardous environmental conditions, in accordance with Subsection 15A-5-202.5(1)(b),
 constitutes the negligent, reckless, or intentional conduct described in [Subsection (1)]
 Subsections (2) and (3).
            (6) A person who suffers damage from a fire may pursue all other legal remedies in
 addition to seeking damages under this section.
            [(3) A person who incurs costs to suppress a fire described in Subsection (1) may bring
 an action under this section to recover those costs against an individual described in Subsection
 (1).]
            [(4) A person who suffers damage from a fire described in Subsection (1) may:]
            [(a) bring an action under this section for those damages against an individual
 described in Subsection (1); and]
            [(b) pursue all other legal remedies in addition to seeking damages under Subsection
 (4)(a).]
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        1st Sub. (Green) S.B. 224                                                   02-15-23 9:51 PM
         Section 2. Section 53G-8-212 is amended to read:
         53G-8-212. Defacing or damaging school property -- Student's liability -- Work
 program alternative.
         (1) A student who willfully defaces or otherwise damages any school property may be
 suspended or otherwise disciplined.
         (2) (a) If a school's property has been lost or willfully cut, defaced, or otherwise
 damaged, the school may withhold the issuance of an official written grade report, diploma, or
 transcript of the student responsible for the damage or loss until the student or the student's
 parent has paid for the damages.
         (b) The student's parent [is liable for damages as otherwise provided in Section]
 [80-6-610] may be liable for damages under Section 78B-3-1002.
         (3) (a) If the student and the student's parent are unable to pay for the damages or if it is
 determined by the school in consultation with the student's parent that the student's interests
 would not be served if the parent were to pay for the damages, the school shall provide for a
 program of work the student may complete in lieu of the payment.
         (b) The school shall release the official grades, diploma, and transcripts of the student
 upon completion of the work.
         (4) Before any penalties are assessed under this section, the school shall adopt
 procedures to ensure that the student's right to due process is protected.
         (5) No penalty may be assessed for damages which may be reasonably attributed to
 normal wear and tear.
         (6) If the Department of Health and Human Services or a licensed child-placing agency
 has been granted custody of the student, the student's records, if requested by the department or
 agency, may not be withheld from the department or agency for nonpayment of damages under
 this section.
         Section 3. Section 78B-3-1001 is enacted to read:
                          Part 10. Parental Liability for the Acts of a Minor
         78B-3-1001. Definitions.
         As used in this part:
         (1) "Adjudication" means the adjudication of an offense under Title 80, Chapter 6,
 Juvenile Justice.
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        02-15-23 9:51 PM                                                    1st Sub. (Green) S.B. 224
         (2) "Graffiti" means the same as that term is defined in Title 76, Chapter 6, Offenses
 Against Property.
         (3) "Minor" means an individual who is younger than 18 years old.
         Section 4. Section 78B-3-1002, which is renumbered from Section 80-6-610 is
 renumbered and amended to read:
         [80-6-610].     78B-3-1002. Property damage caused by a minor -- Liability of
 parent or guardian.
         [(1) A parent or guardian with legal custody of a minor is liable for damages sustained
 to property not to exceed $2,000 when:]
         (1) Except as provided in Subsection (7), a person may bring a cause of action against a
 parent or guardian having legal custody of a minor for damages sustained to the person's
 property, not exceeding $2,000, when:
         (a) the minor intentionally damages, defaces, destroys, or takes the property of another,
 including using graffiti;
         (b) the minor recklessly or willfully shoots or propels a missile, or other object at or
 against a motor vehicle, bus, airplane, boat, locomotive, train, railway car, or caboose, whether
 moving or standing; or
         (c) the minor intentionally and unlawfully tampers with the property of another and
 thereby recklessly endangers human life or recklessly causes or threatens a substantial
 interruption or impairment of any public utility service, including using graffiti.
         [(2) A parent or guardian with legal custody of a minor is liable for damages sustained
 to property not to exceed $5,000 when the minor is adjudicated for an offense under Subsection
 (1):]
         (2) Except as provided in Subsection (7), a person may bring a cause of action against a
 parent or guardian of a minor for damages sustained to the person's property, not exceeding
 $5,000, by the minor:
         (a) for the benefit of, at the direction of, or in association with any criminal street gang
 as defined in Section 76-9-802; or
         (b) to gain recognition, acceptance, membership, or increased status with a criminal
 street gang.
         [(3) A juvenile court may make an order for restitution under Subsection (1) or (2) to
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        1st Sub. (Green) S.B. 224                                                     02-15-23 9:51 PM
 be paid by the minor's parent or guardian if the minor is adjudicated for an offense.]
            [(4) As used in this section, property damage described under Subsection (1)(a) or (c),
 or Subsection (2), includes graffiti, as defined in Section 76-6-107.]
            [(5)] (3) A court may waive part or all of the liability for damages under this section by
 the minor's parent or guardian if[, after the minor is adjudicated,] the court finds[, upon the
 record]:
            (a) good cause; or
            (b) that the parent or guardian:
            (i) made a reasonable effort to restrain the wrongful conduct; and
            (ii) reported the conduct to the property owner involved or the law enforcement agency
 having primary jurisdiction after the parent or guardian knew of the minor's unlawful act.
            [(6)] (4) A report is not required under Subsection [(5)(b)] (3)(b) from a parent or
 guardian if the minor was arrested or apprehended by a peace officer or by anyone acting on
 behalf of the property owner involved.
            [(7)] (5) A conviction for criminal mischief under Section 76-6-106, criminal trespass
 under Section 76-6-206, or an adjudication under Section 80-6-701 is not [a condition
 precedent to a civil action authorized] required for a civil action to be brought under
 Subsection (1) or (2).
            [(8)] (6) A parent or guardian is not liable under Subsection (1) or (2) if:
            (a) the parent or guardian made a reasonable effort to supervise and direct the minor[,
 or,]; or
            (b) in the event the parent or guardian knew in advance of the possible taking, injury,
 or destruction by the minor, made a reasonable effort to restrain the minor.
            (7) A person may not bring a cause of action against the state, an agency of the state, or
 a contracted provider of an agency of the state, under this section.
            Section 5. Section 78B-3-1003 is enacted to read:
            78B-3-1003. Threat of terrorism -- Liability of parent or guardian.
            (1) Except as provided in Subsection (6), if a person suffers damages from a threat of
 terrorism committed by a minor in accordance with Section 76-5-107.3, the person may bring a
 cause of action against a parent or guardian with legal custody of the minor to recover costs and
 damages caused by the threat of terrorism.
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        02-15-23 9:51 PM                                                     1st Sub. (Green) S.B. 224
         (2) A parent or guardian is not liable for costs and damages under Subsection (1) if:
         (a) the parent or guardian made a reasonable effort to supervise and direct the minor; or
         (b) made a reasonable effort to restrain the minor if the parent or guardian knew in
 advance of the minor's intent to commit a threat of terrorism.
         (3) If a parent or guardian is found liable under this section, the court may waive part
 or all of the parent's or guardian's liability for costs and damages if the court finds:
         (a) good cause; or
         (b) that the parent or guardian:
         (i) made a reasonable effort to restrain the wrongful conduct; and
         (ii) reported the conduct to law enforcement after the parent or guardian knew of the
 minor's wrongful conduct.
         (4) A report is not required under Subsection (3)(b)(ii) from a parent or guardian if the
 minor was arrested or apprehended by law enforcement.
         (5) An adjudication or a conviction of a minor for an offense under Section 76-5-107.3
 is not required for a civil action to be brought under this section.
         (6) A person may not bring a cause of action against the state, an agency of the state, or
 a contracted provider of an agency of the state, under this section.
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Statutes affected: 
S.B. 224 1st Substitute (Not Adopted) Text: 53-7-225.1, 53G-8-212
Introduced: 53G-8-212, 80-6-709, 80-6-712