Utah Code 53-22-106. Substantial threats against a school reporting requirements — Exceptions
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(1) As used in this section, “substantial threat” means a threat made with serious intent to cause harm.
Terms Used In Utah Code 53-22-106
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Law enforcement agency: means an entity or division of:(1)(e)(i)(1)(e)(i)(A) the federal government, a state, or a political subdivision of a state;(1)(e)(i)(B) a state institution of higher education; or(1)(e)(i)(C) a private institution of higher education, if the entity or division is certified by the commissioner under Title 53, Chapter 19, Certification of Private Law Enforcement Agency; and(1)(e)(ii) that exists primarily to prevent and detect crime and enforce criminal laws, statutes, and ordinances. See Utah Code 53-1-102
- Local education agency: means the same as that term is defined in Section
53E-1-102 . See Utah Code 53-22-101- Peace officer: means any officer certified in accordance with Title 53, Chapter 13, Peace Officer Classifications. See Utah Code 53-1-102
- Person: means :
(24)(a) an individual;(24)(b) an association;(24)(c) an institution;(24)(d) a corporation;(24)(e) a company;(24)(f) a trust;(24)(g) a limited liability company;(24)(h) a partnership;(24)(i) a political subdivision;(24)(j) a government office, department, division, bureau, or other body of government; and(24)(k) any other organization or entity. See Utah Code 68-3-12.5- School: means an elementary school or a secondary school that:
(5)(a) is a public school; and(5)(b) provides instruction for one or more of the grades of kindergarten through grade 12. See Utah Code 53-22-101- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
- State security chief: means an individual appointed by the commissioner under Section
53-22-102 . See Utah Code 53-22-101(2) Except as provided in Subsection (3), if a state employee or person in a position of special trust as defined in Section76-5-404.1 , including an individual licensed under Title 58, Chapter 31b, Nurse Practice Act, or Title 58, Chapter 67, Utah Medical Practice Act, has reason to believe a substantial threat against a school, school employee, or student attending a school or is aware of circumstances that would reasonably result in a substantial threat against a school, school employee, or student attending a school, the state employee or person in a position of special trust shall immediately report the suspected substantial threat to:(2)(a) the state security chief;(2)(b) the local education agency that the substantial threat would impact; or(2)(c) to the nearest peace officer or law enforcement agency.(3)(3)(a)(3)(a)(i) If the state security chief, a peace officer, or law enforcement agency receives a report under Subsection (2), the state security chief, peace officer, or law enforcement agency shall immediately notify the local education agency that the substantial threat would impact.(3)(a)(ii) If the local education agency that the substantial threat would impact receives a report under Subsection (2), the local education agency that the substantial threat would impact shall immediately notify the appropriate local law enforcement agency and the state security chief.(3)(b)(3)(b)(i) A local education agency that the substantial threat would impact shall coordinate with the law enforcement agency on the law enforcement agency’s investigation of the report described in Subsection (1).(3)(b)(ii) If a law enforcement agency undertakes an investigation of a report under Subsection (2), the law enforcement agency shall provide a final investigatory report to the local education agency that the substantial threat would impact upon request.(4) Subject to Subsection (5), the reporting requirement described in Subsection (2) does not apply to:(4)(a) a member of the clergy with regard to any confession an individual makes to the member of the clergy while functioning in the ministerial capacity of the member of the clergy if:(4)(a)(i) the individual made the confession directly to the member of the clergy;(4)(a)(ii) the member of the clergy is, under canon law or church doctrine or practice, bound to maintain the confidentiality of the confession; and(4)(a)(iii) the member of the clergy does not have the consent of the individual making the confession to disclose the content of the confession; or(4)(b) an attorney, or an individual whom the attorney employs, if:(4)(b)(i) the knowledge or belief of the substantial threat arises from the representation of a client; and(4)(b)(ii) if disclosure of the substantial threat would not reveal the substantial threat to prevent reasonably certain death or substantial bodily harm in accordance with Utah Rules of Professional Conduct, Rule 1.6.(5)(5)(a) When a member of the clergy receives information about the substantial threat from any source other than a confession, the member of the clergy shall report the information even if the member of the clergy also received information about the substantial threat from the confession of the perpetrator.(5)(b) Exemption of the reporting requirement for an individual described in Subsection (4) does not exempt the individual from any other actions required by law to prevent further substantial threats or actual harm related to the substantial threat.(6) The physician-patient privilege does not:(6)(a) excuse an individual who is licensed under Title 58, Chapter 67, Utah Medical Practice Act, or Title 58, Chapter 68, Utah Osteopathic Medical Practice Act, from reporting under this section; or(6)(b) constitute grounds for excluding evidence in a judicial or administrative proceeding resulting from a report under this section. - Local education agency: means the same as that term is defined in Section