Committee approves clarifications to trespass-on-school-property statute

The Senate Judiciary committee favorably recommended House Bill 477, a bill clarifying the criminal trespass statute as it applies to school property and protecting public-comment activity that complies with lawful time, place and manner restrictions.

Representative Pearson, sponsor of HB 477, said current statute defines school property as real property “owned or occupied by a public or private school,” but noted local practice differs because school districts (local education agencies or LEAs) — not schools themselves — generally own property. The substitute replaces the prior wording with language that aligns the statute to actual ownership and limits the criminal-trespass provisions to locations where children are present and being educated.

Pearson said the change preserves school boards’ ability to set rules for public-comment periods at district offices while clarifying that mere disagreement during comment does not by itself satisfy the elements of criminal trespass. “Public comment that complies with valid time, place, manner, and germaneness restrictions does not satisfy the elements of criminal trespass, with regard to the intent to cause an annoyance,” the sponsor noted.

Mary Anne Christensen of Utah Legislative Watch testified in support, saying the bill balances protections for public speakers and school safety and clarifies what is expected of people attending meetings. Senator Bremer praised the sponsor for balancing the need to protect school employees while preserving free-expression protections for commenters.

Senator Baldry moved that the committee recommend HB 477 favorably; the motion carried. The transcript notes Senators Pitcher and Escamilla cast no votes in favor on this item.

The committee sent HB 477 to the full Senate with a favorable recommendation.