On January 7, 2025, Utah lawmakers introduced H.B. 122, a legislative bill aimed at clarifying the use of force by military service members and National Guard personnel while on official duty. The bill seeks to address the legal framework surrounding the defense of military equipment and personnel, particularly in situations where deadly force may be necessary.

The key provisions of H.B. 122 define "deadly force" in accordance with existing state law and stipulate that military members may use such force to protect military assets, provided they are acting within the guidelines of military regulations. Additionally, the bill mandates that service members receive a briefing on the rules of engagement before being assigned to such duties. Notably, if a member does not receive this briefing through no fault of their own, they may still invoke the protections outlined in the bill.

Another significant aspect of H.B. 122 is its amendment to the acceptance of gifts by the Utah National Guard. The bill allows the National Guard to receive various forms of donations, including real property, to support its operations and benefit its members and their families. The adjutant general is designated as the authority to accept these gifts, which will not revert to the state’s General Fund, ensuring that the funds remain available for military use.

Debate surrounding H.B. 122 has focused on the implications of allowing the use of deadly force and the potential for misuse. Critics express concerns about the adequacy of training and oversight, while supporters argue that clear guidelines are essential for the safety of military personnel and the protection of state assets.

The bill's passage could have significant implications for military operations in Utah, potentially influencing how service members engage in protective actions. It also raises broader questions about the balance between military authority and civilian oversight in the use of force.

As H.B. 122 moves through the legislative process, stakeholders from various sectors, including military advocates and civil rights organizations, are expected to weigh in on its potential impact. The bill's future will depend on ongoing discussions and amendments as it progresses through the Utah legislature.