First Substitute H.B. 152

Representative Craig Hall proposes the following substitute bill:

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
7 LONG TITLE
8 General Description:
9 This bill creates provisions related to a child conceived through a sexual offense.
10 Highlighted Provisions:
11 This bill:
12 . provides that a person convicted of a sexual offense resulting in conception of a
13 child, be restricted from custody or parent-time rights; and
14 . provides that a child conceived from a sexual offense may receive financial support
15 from the convicted biological parent.
16 Money Appropriated in this Bill:
17 None
18 Other Special Clauses:
19 None
20 Utah Code Sections Affected:
21 ENACTS:
22 76-5-414, Utah Code Annotated 1953
23
24 Be it enacted by the Legislature of the state of Utah:
25 Section 1. Section 76-5-414 is enacted to read:

26 76-5-414. Child conceived as a result of sexual offense -- Custody and parent-time.
27 (1) A person convicted of a violation of Title 76, Chapter 5, Part 4, Sexual Offenses,
28 except for Sections 76-5-401 and 76-5-401.2 , that results in conception of a child may not be
29 granted custody or parent-time rights by a court regarding the child, unless:
30 (a) the nonconvicted biological parent or legal guardian of the child consents and the
31 court determines it is in the best interest of the child to award custody or parent-time to the
32 convicted person; or
33 (b) after the date of the conviction, the biological parents cohabit and establish a
34 mutual custodial environment for the child.
35 (2) A denial of custody or parent-time under this section may not in and of itself:
36 (a) terminate the parental rights of the person denied parent-time or custody; or
37 (b) affect the obligation of the convicted person to financially support the child.

[Bill Documents]