11-48-104. Designation of public places where orders to disperse are authorized and gang loitering is prohibited.

322 words·~1 min read·/ut/title-11/chapter-48/11-48-104

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/7/2025

(1)As used in this section:

(a)"Criminal street gang" means the same as that term is defined in Section 76-9-802 .

(b)"Gang loitering" means the same as that term is defined in Section 76-9-802 .

(c)"Public place" means the same as that term is defined in Section 76-9-802 .

(2)A municipal or county legislative body shall designate public places within the municipal or county jurisdiction as areas where gang loitering is prohibited and subject to enforcement by law enforcement officers as described in Section 53-25-602 and to criminal penalties under Section 76-9-805 if criminal street gangs have been able to, or are attempting to:

(a)establish control over the areas;

(b)intimidate other individuals from entering the areas; or

(c)conceal illegal activities conducted in the areas.

(a)Before a legislative body designates a public place as an area where gang loitering is prohibited, the legislative body shall consult, as appropriate, with individuals who are knowledgeable about the effects of gang activity in the area.

(b)Individuals consulted under Subsection (3)(a) may include:

(i)members of local law enforcement agencies who have training or experience related to criminal street gangs;

(ii)other agency personnel with particular knowledge of gang activities in the proposed designated area;

(iii)elected and appointed officials of the area where the proposed designated area is located; and

(iv)representatives of community-based organizations.

(4)The municipal or county legislative body shall develop and implement procedures for periodic review and update of area designations made under Subsection (2).

(5)This section does not affect or limit an individual's constitutional right to engage in collective advocacy activities that are protected by the constitution or laws of this state or by the constitution or laws of the United States.

Renumbered and Amended by Chapter 173 , 2025 General Session