Download Zipped Amended WP 8.0 HB0227.ZIP 7,642 Bytes
[Introduced][Status][Bill Documents][Fiscal Note][Bills Directory]
6 AN ACT RELATING TO THE COHABITANT ABUSE PROCEDURES ACT; ELIMINATING
7 ABILITY OF COURTS TO DISMISS DOMESTIC VIOLENCE CHARGES SOLELY AT THE
8 REQUEST OF THE VICTIM.
9 This act affects sections of Utah Code Annotated 1953 as follows:
11 77-36-2.7, as last amended by Chapter 244, Laws of Utah 1996
12 Be it enacted by the Legislature of the state of Utah:
13 Section 1. Section 77-36-2.7 is amended to read:
14 77-36-2.7. Dismissal -- Diversion prohibited -- Plea in abeyance -- Release before
16 (1) Because of the serious nature of domestic violence, the court, in domestic violence
18 (a) may not dismiss any charge or delay disposition because of concurrent divorce or other
19 civil proceedings;
20 (b) may not require proof that either party is seeking a dissolution of marriage before
21 instigation of criminal proceedings;
22 (c) shall waive any requirement that the victim's location be disclosed other than to the
23 defendant's attorney, upon a showing that there is any possibility of further violence, and order the
24 defendant's attorney not to disclose the victim's location to his client;
25 (d) shall identify, on the docket sheets, the criminal actions arising from acts of domestic
26 violence; S [
28a S (e) MAY DISMISS A CHARGE ON STIPULATION OF THE PROSECUTOR AND THE VICTIM; AND
30 making treatment or any other requirement for the defendant a condition of that status.
31 (2) When the court holds a plea in abeyance in accordance with Subsection (1)[
32 case against a perpetrator of domestic violence may be dismissed only if the perpetrator
33 successfully completes all conditions imposed by the court. If the defendant fails to complete any
34 condition imposed by the court under Subsection (1)[
36 (3) (a) Because of the likelihood of repeated violence directed at those who have been
37 victims of domestic violence in the past, when any defendant charged with a crime involving
38 domestic violence is released from custody before trial, the court authorizing the release may issue
39 an order:
40 (i) enjoining the defendant from threatening to commit or committing acts of domestic
41 violence or abuse against the victim and any designated family or household member;
42 (ii) prohibiting the defendant from harassing, telephoning, contacting, or otherwise
43 communicating with the victim, directly or indirectly;
44 (iii) removing and excluding the defendant from the victim's residence and the premises
45 of the residence;
46 (iv) ordering the defendant to stay away from the residence, school, place of employment
47 of the victim, and the premises of any of these, or any specified place frequented by the victim and
48 any designated family member; and
49 (v) ordering any other relief that the court considers necessary to protect and provide for
50 the safety of the victim and any designated family or household member.
51 (b) Violation of an order issued pursuant to this section is punishable as follows:
52 (i) if the original arrest or subsequent charge filed is a felony, an offense under this section
53 is a third degree felony; and
54 (ii) if the original arrest or subsequent charge filed is a misdemeanor, an offense under this
55 section is a class A misdemeanor.
56 (c) The court shall provide the victim with a certified copy of any order issued pursuant
57 to this section if the victim can be located with reasonable effort.
58 (4) When a court dismisses criminal charges or a prosecutor moves to dismiss charges
59 against a defendant accused of a domestic violence offense, the specific reasons for dismissal shall
60 be recorded in the court file and made a part of the statewide domestic violence network described
61 in Section 30-6-8 .
62 (5) When the privilege of confidential communication between spouses, or the testimonial
63 privilege of spouses is invoked in any criminal proceeding in which a spouse is the victim of an
64 alleged domestic violence offense, the victim shall be considered to be an unavailable witness
65 under the Utah Rules of Evidence.
66 (6) The court may not approve diversion for a perpetrator of domestic violence.
Legislative Review Note
as of 1-6-99 11:33 AM
A limited legal review of this legislation raises no obvious constitutional or statutory concerns.