S.B. 220

1

COHABITANT ABUSE PROCEDURES ACT
2 AMENDMENTS
3 2009 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Brent H. Goodfellow
6 House Sponsor: Kay L. McIff
7
8 LONG TITLE
9 General Description:
10 This bill amends provisions of the Cohabitant Abuse Procedures Act relating to an
11 order issued to a defendant pending trial.
12 Highlighted Provisions:
13 This bill:
14 . permits a court to issue an order to a person awaiting trial on a crime of domestic
15 violence at the time that the charge is filed instead of at the time that the person is
16 released from custody; and
17 . makes technical changes.
18 Monies Appropriated in this Bill:
19 None
20 Other Special Clauses:
21 None
22 Utah Code Sections Affected:
23 AMENDS:
24 77-36-2.7, as last amended by Laws of Utah 2008, Chapter 3
25
26 Be it enacted by the Legislature of the state of Utah:
27 Section 1. Section 77-36-2.7 is amended to read:

28 77-36-2.7. Dismissal -- Diversion prohibited -- Plea in abeyance -- Order pending
29 trial.
30 (1) Because of the serious nature of domestic violence, the court, in domestic violence
31 actions:
32 (a) may not dismiss any charge or delay disposition because of concurrent divorce or
33 other civil proceedings;
34 (b) may not require proof that either party is seeking a dissolution of marriage before
35 instigation of criminal proceedings;
36 (c) shall waive any requirement that the victim's location be disclosed other than to the
37 defendant's attorney, upon a showing that there is any possibility of further violence, and order
38 the defendant's attorney not to disclose the victim's location to his client;
39 (d) shall identify, on the docket sheets, the criminal actions arising from acts of
40 domestic violence;
41 (e) may dismiss a charge on stipulation of the prosecutor and the victim; and
42 (f) may hold a plea in abeyance, in accordance with the provisions of Chapter 2a, Pleas
43 in Abeyance, making treatment or any other requirement for the defendant a condition of that
44 status.
45 (2) When the court holds a plea in abeyance in accordance with Subsection (1)(f), the
46 case against a perpetrator of domestic violence may be dismissed only if the perpetrator
47 successfully completes all conditions imposed by the court. If the defendant fails to complete
48 any condition imposed by the court under Subsection (1)(f), the court may accept the
49 defendant's plea.
50 (3) (a) Because of the likelihood of repeated violence directed at those who have been
51 victims of domestic violence in the past, when any defendant is charged with a crime involving
52 domestic violence [is released from custody before trial], the court [authorizing the release]
53 may issue an order, pending trial:
54 (i) enjoining the defendant from threatening to commit or committing acts of domestic
55 violence or abuse against the victim and any designated family or household member;
56 (ii) prohibiting the defendant from harassing, telephoning, contacting, or otherwise
57 communicating with the victim, directly or indirectly;
58 (iii) removing and excluding the defendant from the victim's residence and the

59 premises of the residence;
60 (iv) ordering the defendant to stay away from the residence, school, place of
61 employment of the victim, and the premises of any of these, or any specified place frequented
62 by the victim and any designated family member; and
63 (v) ordering any other relief that the court considers necessary to protect and provide
64 for the safety of the victim and any designated family or household member.
65 (b) Violation of an order issued pursuant to this section is punishable as follows:
66 (i) if the original arrest or subsequent charge filed is a felony, an offense under this
67 section is a third degree felony; and
68 (ii) if the original arrest or subsequent charge filed is a misdemeanor, an offense under
69 this section is a class A misdemeanor.
70 (c) The court shall provide the victim with a certified copy of any order issued pursuant
71 to this section if the victim can be located with reasonable effort.
72 (4) When a court dismisses criminal charges or a prosecutor moves to dismiss charges
73 against a defendant accused of a domestic violence offense, the specific reasons for dismissal
74 shall be recorded in the court file and made a part of the statewide domestic violence network
75 described in Section 78B-7-113 .
76 (5) When the privilege of confidential communication between spouses, or the
77 testimonial privilege of spouses is invoked in any criminal proceeding in which a spouse is the
78 victim of an alleged domestic violence offense, the victim shall be considered to be an
79 unavailable witness under the Utah Rules of Evidence.
80 (6) The court may not approve diversion for a perpetrator of domestic violence.




Legislative Review Note
as of 2-10-09 11:10 AM

Office of Legislative Research and General Counsel