H.B. 152 Enrolled

1

PARENT-TIME RESTRICTION AMENDMENTS
2 2013 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Craig Hall
5 Senate Sponsor: Deidre M. Henderson
6 Cosponsor:Patrice M. Arent 7
8 LONG TITLE
9 General Description:
10 This bill creates provisions related to a child conceived through a sexual offense.
11 Highlighted Provisions:
12 This bill:
13 . provides that a person convicted of a sexual offense resulting in conception of a
14 child, be restricted from custody or parent-time rights; and
15 . provides that a child conceived from a sexual offense may receive financial support
16 from the convicted biological parent.
17 Money Appropriated in this Bill:
18 None
19 Other Special Clauses:
20 None
21 Utah Code Sections Affected:
22 ENACTS:
23 76-5-414, Utah Code Annotated 1953
24
25 Be it enacted by the Legislature of the state of Utah:
26 Section 1. Section 76-5-414 is enacted to read:
27 76-5-414. Child conceived as a result of sexual offense -- Custody and parent-time.
28 (1) A person convicted of a violation of Title 76, Chapter 5, Part 4, Sexual Offenses,

29 except for Sections 76-5-401 and 76-5-401.2 , that results in conception of a child may not be
30 granted custody or parent-time rights by a court regarding the child, unless:
31 (a) the nonconvicted biological parent or legal guardian of the child consents and the
32 court determines it is in the best interest of the child to award custody or parent-time to the
33 convicted person; or
34 (b) after the date of the conviction, the biological parents cohabit and establish a
35 mutual custodial environment for the child.
36 (2) A denial of custody or parent-time under this section may not in and of itself:
37 (a) terminate the parental rights of the person denied parent-time or custody; or
38 (b) affect the obligation of the convicted person to financially support the child.

[Bill Documents]