76-9-1507. Unlawful material or device in a bus or a terminal -- Detention of violators -- Private security personnel.
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Effective 5/7/2025
76-9-1507. Unlawful material or device in a bus or a terminal -- Detention of violators -- Private security personnel.
(1)Terms defined in Sections 76-1-101.5 and 76-9-1501 apply to this section.
(2)An actor commits unlawful material or device in a bus or a terminal if the actor carries a highly flammable or hazardous material or device into a terminal or aboard a bus.
(3)A violation of Subsection
(2)is a third degree felony.
(a)A bus company may employ reasonable means, including mechanical, electronic or x-ray devices, to detect the items concealed in baggage or upon the person of a passenger.
(b)Upon discovery of a highly flammable or hazardous material or device, the bus company may obtain possession and retain custody of the material or device until the material or device is transferred to a peace officer.
(a)An authorized bus company representative may detain within a terminal or bus an actor who violates the provisions of this section for a reasonable time until law enforcement authorities arrive.
(b)The detention does not constitute unlawful imprisonment and neither the bus company nor the representative is civilly or criminally liable upon grounds of unlawful imprisonment or assault, provided that only reasonable and necessary force is exercised against the detained actor.
(a)A bus company may employ or contract for private security personnel.
(b)The private security personnel may:
(i)detain within a terminal or bus an actor who violates this section for a reasonable time until law enforcement authorities arrive; and
(ii)use reasonable and necessary force in subduing or detaining the actor.
Enacted by Chapter 173 , 2025 General Session