Representative Ken Ivory proposes the following substitute bill:


1     
JAIL RELEASE ORDERS AMENDMENTS

2     
2017 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Ken Ivory

5     
Senate Sponsor: David P. Hinkins

6     

7     LONG TITLE
8     General Description:
9           This bill modifies provisions related to jail release agreements and jail release court
10     orders.
11     Highlighted Provisions:
12          This bill:
13          ▸      defines terms;
14          ▸     modifies the conditions under which an arresting law enforcement agency may
15     release an individual arrested for certain offenses against a child or vulnerable adult
16     or sexual assault; and
17          ▸     makes technical and conforming changes.
18     Money Appropriated in this Bill:
19          None
20     Other Special Clauses:
21          None
22     Utah Code Sections Affected:
23     AMENDS:
24          53-10-403, as last amended by Laws of Utah 2015, Chapter 386
25          77-20-1, as last amended by Laws of Utah 2016, Chapter 234

26          77-36-1, as last amended by Laws of Utah 2016, Chapter 422
27          77-36-2.1, as last amended by Laws of Utah 2011, Chapter 113
28          77-36-2.4, as last amended by Laws of Utah 2010, Chapter 384
29          77-36-2.7, as last amended by Laws of Utah 2010, Chapter 384
30          77-36-6, as last amended by Laws of Utah 2010, Chapter 384
31     RENUMBERS AND AMENDS:
32          77-20-3.5, (Renumbered from 77-36-2.5, as last amended by Laws of Utah 2016,
33     Chapter 422)
34     

35     Be it enacted by the Legislature of the state of Utah:
36          Section 1. Section 53-10-403 is amended to read:
37          53-10-403. DNA specimen analysis -- Application to offenders, including minors.
38          (1) Sections 53-10-404, 53-10-404.5, 53-10-405, and 53-10-406 apply to any person
39     who:
40          (a) has pled guilty to or has been convicted of any of the offenses under Subsection
41     (2)(a) or (b) on or after July 1, 2002;
42          (b) has pled guilty to or has been convicted by any other state or by the United States
43     government of an offense which if committed in this state would be punishable as one or more
44     of the offenses listed in Subsection (2)(a) or (b) on or after July 1, 2003;
45          (c) has been booked on or after January 1, 2011, through December 31, 2014, for any
46     offense under Subsection (2)(c);
47          (d) has been booked:
48          (i) by a law enforcement agency that is obtaining a DNA specimen on or after May 13,
49     2014, through December 31, 2014, under Subsection 53-10-404(4)(b) for any felony offense; or
50          (ii) on or after January 1, 2015, for any felony offense; or
51          (e) is a minor under Subsection (3).
52          (2) Offenses referred to in Subsection (1) are:
53          (a) any felony or class A misdemeanor under the Utah Code;
54          (b) any offense under Subsection (2)(a):
55          (i) for which the court enters a judgment for conviction to a lower degree of offense
56     under Section 76-3-402; or

57          (ii) regarding which the court allows the defendant to enter a plea in abeyance as
58     defined in Section 77-2a-1; or
59          (c) (i) any violent felony as defined in Section 53-10-403.5;
60          (ii) sale or use of body parts, Section 26-28-116;
61          (iii) failure to stop at an accident that resulted in death, Section 41-6a-401.5;
62          (iv) driving with any amount of a controlled substance in a person's body and causing
63     serious bodily injury or death, Subsection 58-37-8(2)(g);
64          (v) a felony violation of enticing a minor over the Internet, Section 76-4-401;
65          (vi) a felony violation of propelling a substance or object at a correctional officer, a
66     peace officer, or an employee or a volunteer, including health care providers, Section
67     76-5-102.6;
68          (vii) aggravated human trafficking and aggravated human smuggling, Section
69     76-5-310;
70          (viii) a felony violation of unlawful sexual activity with a minor, Section 76-5-401;
71          (ix) a felony violation of sexual abuse of a minor, Section 76-5-401.1;
72          (x) unlawful sexual contact with a 16 or 17-year old, Section 76-5-401.2;
73          (xi) sale of a child, Section 76-7-203;
74          (xii) aggravated escape, Subsection 76-8-309(2);
75          (xiii) a felony violation of assault on an elected official, Section 76-8-315;
76          (xiv) influencing, impeding, or retaliating against a judge or member of the Board of
77     Pardons and Parole, Section 76-8-316;
78          (xv) advocating criminal syndicalism or sabotage, Section 76-8-902;
79          (xvi) assembly for advocating criminal syndicalism or sabotage, Section 76-8-903;
80          (xvii) a felony violation of sexual battery, Section 76-9-702.1;
81          (xviii) a felony violation of lewdness involving a child, Section 76-9-702.5;
82          (xix) a felony violation of abuse or desecration of a dead human body, Section
83     76-9-704;
84          (xx) manufacture, possession, sale, or use of a weapon of mass destruction, Section
85     76-10-402;
86          (xxi) manufacture, possession, sale, or use of a hoax weapon of mass destruction,
87     Section 76-10-403;

88          (xxii) possession of a concealed firearm in the commission of a violent felony,
89     Subsection 76-10-504(4);
90          (xxiii) assault with the intent to commit bus hijacking with a dangerous weapon,
91     Subsection 76-10-1504(3);
92          (xxiv) commercial obstruction, Subsection 76-10-2402(2);
93          (xxv) a felony violation of failure to register as a sex or kidnap offender, Section
94     77-41-107;
95          (xxvi) repeat violation of a protective order, Subsection 77-36-1.1(2)(c); or
96          (xxvii) violation of condition for release after arrest [for domestic violence, Section
97     77-36-2.5] under Section 77-20-3.5 .
98          (3) A minor under Subsection (1) is a minor 14 years of age or older whom a Utah
99     court has adjudicated to be within the jurisdiction of the juvenile court due to the commission
100     of any offense described in Subsection (2), and who is:
101          (a) within the jurisdiction of the juvenile court on or after July 1, 2002 for an offense
102     under Subsection (2); or
103          (b) in the legal custody of the Division of Juvenile Justice Services on or after July 1,
104     2002 for an offense under Subsection (2).
105          Section 2. Section 77-20-1 is amended to read:
106          77-20-1. Right to bail -- Denial of bail -- Hearing.
107          (1) As used in this chapter:
108          (a) "Bail bond agency" means the same as that term is defined in Section 31A-35-102.
109          (b) "Surety" and "sureties" mean a surety insurer or a bail bond agency.
110          (c) "Surety insurer" means the same as that term is defined in Section 31A-35-102.
111          (2) A person charged with or arrested for a criminal offense shall be admitted to bail as
112     a matter of right, except if the person is charged with a:
113          (a) capital felony, when the court finds there is substantial evidence to support the
114     charge;
115          (b) felony committed while on probation or parole, or while free on bail awaiting trial
116     on a previous felony charge, when the court finds there is substantial evidence to support the
117     current felony charge;
118          (c) felony when there is substantial evidence to support the charge and the court finds

119     by clear and convincing evidence that the person would constitute a substantial danger to any
120     other person or to the community, or is likely to flee the jurisdiction of the court, if released on
121     bail; or
122          (d) felony when the court finds there is substantial evidence to support the charge and
123     it finds by clear and convincing evidence that the person violated a material condition of
124     release while previously on bail.
125          (3) Any person who may be admitted to bail may be released either on the person's own
126     recognizance or upon posting bail, on condition that the person appear in court for future court
127     proceedings in the case, and on any other conditions imposed in the discretion of the magistrate
128     or court that will reasonably:
129          (a) ensure the appearance of the accused;
130          (b) ensure the integrity of the court process;
131          (c) prevent direct or indirect contact with witnesses or victims by the accused, if
132     appropriate; and
133          (d) ensure the safety of the public.
134          (4) (a) Except as otherwise provided, the initial order denying or fixing the amount of
135     bail shall be issued by the magistrate or court issuing the warrant of arrest.
136          (b) A magistrate may set bail upon determining that there was probable cause for a
137     warrantless arrest.
138          (c) A bail commissioner may set bail in a misdemeanor case in accordance with
139     Sections 10-3-920 and 17-32-1.
140          (d) A person arrested for a violation of a jail release agreement or jail release order
141     issued [pursuant to] in accordance with Section [77-36-2.5] 77-20-3.5:
142          (i) may not be released before the accused's first judicial appearance; and
143          (ii) may be denied bail by the court under Subsection [77-36-2.5(8)] 77-20-3.5(9) or
144     (12).
145          (5) The magistrate or court may rely upon information contained in:
146          (a) the indictment or information;
147          (b) any sworn probable cause statement;
148          (c) information provided by any pretrial services agency; or
149          (d) any other reliable record or source.

150          (6) (a) A motion to modify the initial order may be made by a party at any time upon
151     notice to the opposing party sufficient to permit the opposing party to prepare for hearing and
152     to permit any victim to be notified and be present.
153          (b) Hearing on a motion to modify may be held in conjunction with a preliminary
154     hearing or any other pretrial hearing.
155          (c) The magistrate or court may rely on information as provided in Subsection (5) and
156     may base its ruling on evidence provided at the hearing so long as each party is provided an
157     opportunity to present additional evidence or information relevant to bail.
158          (7) Subsequent motions to modify bail orders may be made only upon a showing that
159     there has been a material change in circumstances.
160          (8) An appeal may be taken from an order of any court denying bail to the Supreme
161     Court, which shall review the determination under Subsection (2).
162          (9) For purposes of this section, any arrest or charge for a violation of Section
163     76-5-202, Aggravated murder, is a capital felony unless:
164          (a) the prosecutor files a notice of intent to not seek the death penalty; or
165          (b) the time for filing a notice to seek the death penalty has expired and the prosecutor
166     has not filed a notice to seek the death penalty.
167          Section 3. Section 77-20-3.5, which is renumbered from Section 77-36-2.5 is
168     renumbered and amended to read:
169          [77-36-2.5].      77-20-3.5. Conditions for release after arrest for domestic violence
170     and other offenses -- Jail release agreements -- Jail release court orders.
171          (1) As used in this section:
172          (a) "Domestic violence" means the same s a that term is defined in Section 77-36-1.
173          (b) "Jail release agreement" means a written agreement described in Subsection
174     77-20-3.5(3) that:
175          (i) limits the contact an individual arrested for a qualifying offense may have with an
176     alleged victim; and
177          (ii) specifies other conditions of release from jail.
178          (c) "Jail release court order" means a written court order issued in accordance with
179     Subsection 77-20-3.5(3) that:
180          (i) limits the contact an individual arrested for a qualifying offense may have with an

181     alleged victim; and
182          (ii) specifies other conditions of release from jail.
183          (d) "Minor" means an unemancipated individual who is younger than 18 years of age.
184          (e) "Offense against a child or vulnerable adult" means the commission or attempted
185     commission of an offense described in Section 76-5-109, 76-5-109.1, 76-5-110, or 76-5-111.
186          (f) "Qualifying offense" means:
187          (i) domestic violence;
188          (ii) an offense against a child or vulnerable adult; or
189          (iii) the commission or attempted commission of an offense described in Title 76,
190     Chapter 5, Part 4, Sexual Offenses.
191          [(1)] (2) (a) Upon arrest for [domestic violence,] a qualifying offense and before the
192     person is released on bail, recognizance, or otherwise, the person may not personally contact
193     the alleged victim [of domestic violence].
194          (b) A person who violates Subsection [(1)] (2)(a) is guilty of a class B misdemeanor.
195          [(2)] (3) (a) After [an arrest for domestic violence, the offender] a person is arrested for
196     a qualifying offense, the person may not be released before:
197          (i) the matter is submitted to a magistrate in accordance with Section 77-7-23; or
198          (ii) the [offender] person signs a jail release agreement in accordance with Subsection
199     [(2)] (3)(d)(i).
200          (b) The arresting officer shall ensure that the information presented to the magistrate
201     includes whether the alleged victim has made a waiver described in Subsection [(5)] (6)(a).
202          (c) If the magistrate determines there is probable cause to support the charge or charges
203     of [domestic violence] one or more qualifying offenses , the magistrate shall determine:
204          (i) whether grounds exist to hold the arrested person without bail, in accordance with
205     Section 77-20-1;
206          (ii) if no grounds exist to hold the arrested person without bail, whether any release
207     conditions, including electronic monitoring, are necessary to protect the alleged victim; or
208          (iii) any bail that is required to guarantee the [defendant's] arrested person's subsequent
209     appearance in court.
210          (d) (i) The magistrate may not release a person arrested for [domestic violence] a
211     qualifying offense before the person's initial court appearance[,] before the court with

212     jurisdiction over the offense for which the person was arrested, unless the arrested person
213     agrees in writing or the magistrate orders, as a release condition, that, until the arrested person
214     appears at the initial court appearance, the arrested person will not:
215          (A) have personal contact with the alleged victim;
216          (B) threaten or harass the alleged victim; or
217          (C) knowingly enter onto the premises of the alleged victim's residence or any premises
218     temporarily occupied by the alleged victim.
219          (ii) The magistrate shall schedule the appearance described in Subsection [(2)] (3)(d)(i)
220     to take place no more than 96 hours after the time of the arrest.
221          (iii) The arrested person may make the appearance described in Subsection [(2)]
222     (3)(d)(i) by video if the arrested person is not released.
223          [(3)] (4) (a) If a person charged with [domestic violence] a qualifying offense fails to
224     appear at the time scheduled by the magistrate [to appear, as described in] under Subsection
225     [(2)] (3)(d), the person shall comply with the release conditions described in Subsection [(2)]
226     (3)(d)(i) until the [arrested] person makes an initial appearance.
227          (b) If the prosecutor has not filed charges against a person who was arrested for a
228     [domestic violence] qualifying offense and who appears in court at the time scheduled by the
229     magistrate under Subsection [(2)] (3)(d), or by the court under Subsection [(3)] (4)(b)(ii), the
230     court:
231          (i) may, upon the motion of the prosecutor and after allowing the [arrested] person an
232     opportunity to be heard on the motion, extend the release conditions described in Subsection
233     [(2)] (3)(d)(i) by no more than three court days; and
234          (ii) if the court grants the motion described in Subsection [(3)] (4)(b)(i), shall order the
235     arrested person to appear at a time scheduled before the end of the granted extension.
236          [(4) Unless extended under]
237          (5) Except as provided in Subsection [(3), the] (4) or otherwise ordered by a court, a
238     jail release agreement or [the magistrate order described in Subsection (2)(d)(i)] jail release
239     court order expires at midnight [on the day on which the person arrested is scheduled to appear,
240     as] after the arrested person's initial court appearance described in Subsection [(2)] (3)(d)(i).
241          [(5) (a) Subsequent to]
242          (6) (a) After an arrest for [domestic violence] a qualifying offense , an alleged victim

243     who is not a minor may waive in writing the release conditions described in Subsection [(2)]
244     (3)(d)(i)(A) or (C). Upon waiver, those release conditions do not apply to the [alleged
245     perpetrator] arrested person.
246          (b) A court or magistrate may modify the release conditions described in Subsection
247     [(2)] (3)(d)(i), in writing or on the record, and only for good cause shown.
248          [(6)] (7) (a) When [a person] an arrested person is released [pursuant to Subsection (2)]
249     in accordance with Subsection (3), the releasing agency shall:
250          (i) notify the arresting law enforcement agency of the release, conditions of release, and
251     any available information concerning the location of the alleged victim[. The arresting law
252     enforcement agency shall then];
253          (ii) make a reasonable effort to notify the alleged victim of [that] the release[.]; and
254          (iii) before releasing the arrested person, give the arrested person a copy of the jail
255     release agreement or the jail release court order.
256          (b) (i) When a person arrested for domestic violence is released pursuant to Subsection
257     [(2)] (3) based on a written jail release agreement, the releasing agency shall transmit that
258     information to the statewide domestic violence network described in Section 78B-7-113.
259          (ii) When a person arrested for domestic violence is released pursuant to Subsections
260     [(2)] (3) through [(4)] (5) based upon a jail release court order or if a written jail release
261     agreement is modified pursuant to Subsection [(5)] (6)(b), the court shall transmit that order to
262     the statewide domestic violence network described in Section 78B-7-113.
263          [(iii) A copy of the jail release court order or written jail release agreement shall be
264     given to the person by the releasing agency before the person is released.]
265          (c) This Subsection [(6)] (7) does not create or increase liability of a law enforcement
266     officer or agency, and the good faith immunity provided by Section 77-36-8 is applicable.
267          [(7)] (8) (a) If a law enforcement officer has probable cause to believe that a person has
268     violated a jail release agreement or jail release court order [or jail release agreement executed
269     pursuant to Subsection (2)], the officer shall, without a warrant, arrest the [alleged violator]
270     person.
271          (b) Any person who knowingly violates a jail release court order or jail release
272     agreement executed pursuant to Subsection [(2)] (3) is guilty as follows:
273          (i) if the original arrest was for a felony, an offense under this section is a third degree

274     felony; or
275          (ii) if the original arrest was for a misdemeanor, an offense under this section is a class
276     A misdemeanor.
277          (c) City attorneys may prosecute class A misdemeanor violations under this section.
278          [(8) An individual who was originally]
279          (9) A person who is arrested for a qualifying offense that is a felony [under this
280     chapter] and released [pursuant to] in accordance with this section may subsequently be held
281     without bail if there is substantial evidence to support a new felony charge against [him] the
282     person.
283          [(9)] (10) At the time an arrest is made for [domestic violence] a qualifying offense , the
284     arresting officer shall provide the alleged victim with written notice containing:
285          (a) the release conditions described in Subsections [(2)] (3) through [(4)] (5), and
286     notice that the alleged perpetrator will not be released, before appearing before the court with
287     jurisdiction over the offense for which the alleged perpetrator was arrested, unless:
288          (i) the alleged perpetrator enters into a written agreement to comply with the release
289     conditions; or
290          (ii) the magistrate orders the release conditions;
291          (b) notification of the penalties for violation of any jail release agreement or jail release
292     court order [or any jail release agreement executed under Subsection (2)];
293          (c) notification that the alleged perpetrator is to personally appear in court on the next
294     day the court is open for business after the day of the arrest;
295          (d) the address of the appropriate court in the district or county in which the alleged
296     victim resides;
297          (e) the availability and effect of any waiver of the release conditions; and
298          (f) information regarding the availability of and procedures for obtaining civil and
299     criminal protective orders with or without the assistance of an attorney.
300          [(10)] (11) At the time an arrest is made for [domestic violence] a qualifying offense ,
301     the arresting officer shall provide the alleged perpetrator with written notice containing:
302          (a) notification that the alleged perpetrator may not contact the alleged victim before
303     being released;
304          (b) the release conditions described in Subsections [(2)] (3) through [(4)] (5) and notice

305     that the alleged perpetrator will not be released, before appearing before the court with
306     jurisdiction over the offense for which the alleged perpetrator was arrested, unless:
307          (i) the alleged perpetrator enters into a written agreement to comply with the release
308     conditions; or
309          (ii) the magistrate orders the release conditions;
310          (c) notification of the penalties for violation of any jail release agreement or jail release
311     court order [or any written jail release agreement executed under Subsection (2)]; and
312          (d) notification that the alleged perpetrator is to personally appear in court on the next
313     day the court is open for business after the day of the arrest.
314          (12) (a) A pretrial or sentencing protective order supercedes a jail release agreement or
315     jail release court order.
316          (b) If a court dismisses the charges for the qualifying offense that gave rise to a jail
317     release agreement or jail release court order, the court shall dismiss the jail release agreement
318     or jail release court order.
319          [(11)] (13) In addition to the provisions of Subsections [(2)] (3) through [(10)] (12),
320     because of the unique and highly emotional nature of domestic violence crimes, the high
321     recidivism rate of violent offenders, and the demonstrated increased risk of continued acts of
322     violence subsequent to the release of an offender who has been arrested for domestic violence,
323     it is the finding of the Legislature that domestic violence crimes, as defined in Section 77-36-1,
324     are crimes for which bail may be denied if there is substantial evidence to support the charge,
325     and if the court finds by clear and convincing evidence that the alleged perpetrator would
326     constitute a substantial danger to an alleged victim of domestic violence if released on bail.
327          (14) The provisions of this section do not apply if the person arrested for the qualifying
328     offense is a minor, unless the qualifying offense is domestic violence.
329          Section 4. Section 77-36-1 is amended to read:
330          77-36-1. Definitions.
331          As used in this chapter:
332          (1) "Cohabitant" means the same as that term is defined in Section 78B-7-102.
333          (2) "Department" means the Department of Public Safety.
334          (3) "Divorced" means an individual who has obtained a divorce under Title 30, Chapter
335     3, Divorce.

336          (4) "Domestic violence" or "domestic violence offense" means any criminal offense
337     involving violence or physical harm or threat of violence or physical harm, or any attempt,
338     conspiracy, or solicitation to commit a criminal offense involving violence or physical harm,
339     when committed by one cohabitant against another. "Domestic violence" or "domestic
340     violence offense" also means commission or attempt to commit, any of the following offenses
341     by one cohabitant against another:
342          (a) aggravated assault, as described in Section 76-5-103;
343          (b) assault, as described in Section 76-5-102;
344          (c) criminal homicide, as described in Section 76-5-201;
345          (d) harassment, as described in Section 76-5-106;
346          (e) electronic communication harassment, as described in Section 76-9-201;
347          (f) kidnapping, child kidnapping, or aggravated kidnapping, as described in Sections
348     76-5-301, 76-5-301.1, and 76-5-302;
349          (g) mayhem, as described in Section 76-5-105;
350          (h) sexual offenses, as described in Title 76, Chapter 5, Part 4, Sexual Offenses, and
351     Section 76-5b-201, Sexual exploitation of a minor -- Offenses;
352          (i) stalking, as described in Section 76-5-106.5;
353          (j) unlawful detention or unlawful detention of a minor, as described in Section
354     76-5-304;
355          (k) violation of a protective order or ex parte protective order, as described in Section
356     76-5-108;
357          (l) any offense against property described in Title 76, Chapter 6, Part 1, Property
358     Destruction, Title 76, Chapter 6, Part 2, Burglary and Criminal Trespass, or Title 76, Chapter 6,
359     Part 3, Robbery;
360          (m) possession of a deadly weapon with intent to assault, as described in Section
361     76-10-507;
362          (n) discharge of a firearm from a vehicle, near a highway, or in the direction of any
363     person, building, or vehicle, as described in Section 76-10-508;
364          (o) disorderly conduct, as defined in Section 76-9-102, if a conviction of disorderly
365     conduct is the result of a plea agreement in which the defendant was originally charged with a
366     domestic violence offense otherwise described in this Subsection (4). Conviction of disorderly

367     conduct as a domestic violence offense, in the manner described in this Subsection (4)(o), does
368     not constitute a misdemeanor crime of domestic violence under 18 U.S.C. Sec. 921, and is
369     exempt from the provisions of the federal Firearms Act, 18 U.S.C. Sec. 921 et seq.; or
370          (p) child abuse as described in Section 76-5-109.1.
371          (5) "Jail release agreement" means [a written agreement:] the same as that term is
372     defined in Section 77-20-3.5.
373          [(a) specifying and limiting the contact a person arrested for a domestic violence
374     offense may have with an alleged victim or other specified individuals; and]
375          [(b) specifying other conditions of release from jail as required in Subsection
376     77-36-2.5(2).]
377          (6) "Jail release court order" means [a written court order:] the same as that term is
378     defined in Section 77-20-3.5.
379          [(a) specifying and limiting the contact a person arrested for a domestic violence
380     offense may have with an alleged victim or other specified individuals; and]
381          [(b) specifying other conditions of release from jail as required in Subsection
382     77-36-2.5(2).]
383          (7) "Marital status" means married and living together, divorced, separated, or not
384     married.
385          (8) "Married and living together" means a man and a woman whose marriage was
386     solemnized under Section 30-1-4 or 30-1-6 and who are living in the same residence.
387          (9) "Not married" means any living arrangement other than married and living together,
388     divorced, or separated.
389          (10) "Pretrial protective order" means a written order:
390          (a) specifying and limiting the contact a person who has been charged with a domestic
391     violence offense may have with an alleged victim or other specified individuals; and
392          (b) specifying other conditions of release pursuant to Subsection [77-36-2.5(2)]
393     77-20-3.5(3), Subsection 77-36-2.6(3), or Section 77-36-2.7, pending trial in the criminal case.
394          (11) "Sentencing protective order" means a written order of the court as part of
395     sentencing in a domestic violence case that limits the contact a person who has been convicted
396     of a domestic violence offense may have with a victim or other specified individuals pursuant
397     to Sections 77-36-5 and 77-36-5.1.

398          (12) "Separated" means a man and a woman who have had their marriage solemnized
399     under Section 30-1-4 or 30-1-6 and who are not living in the same residence.
400          (13) "Victim" means a cohabitant who has been subjected to domestic violence.
401          Section 5. Section 77-36-2.1 is amended to read:
402          77-36-2.1. Duties of law enforcement officers -- Notice to victims.
403          (1) A law enforcement officer who responds to an allegation of domestic violence shall
404     use all reasonable means to protect the victim and prevent further violence, including:
405          (a) taking the action that, in the officer's discretion, is reasonably necessary to provide
406     for the safety of the victim and any family or household member;
407          (b) confiscating the weapon or weapons involved in the alleged domestic violence;
408          (c) making arrangements for the victim and any child to obtain emergency housing or
409     shelter;
410          (d) providing protection while the victim removes essential personal effects;
411          (e) arrange, facilitate, or provide for the victim and any child to obtain medical
412     treatment; and
413          (f) arrange, facilitate, or provide the victim with immediate and adequate notice of the
414     rights of victims and of the remedies and services available to victims of domestic violence, in
415     accordance with Subsection (2).
416          (2) (a) A law enforcement officer shall give written notice to the victim in simple
417     language, describing the rights and remedies available under this chapter, Title 78B, Chapter 7,
418     Part 1, Cohabitant Abuse Act, and Title 78B, Chapter 7, Part 2, Child Protective Orders.
419          (b) The written notice shall also include:
420          (i) a statement that the forms needed in order to obtain an order for protection are
421     available from the court clerk's office in the judicial district where the victim resides or is
422     temporarily domiciled;
423          (ii) a list of shelters, services, and resources available in the appropriate community,
424     together with telephone numbers, to assist the victim in accessing any needed assistance; and
425          (iii) the information required to be provided to both parties in accordance with
426     [Subsection 77-36-2.5(8)] Subsections 77-20-3.5(10) and (11) .
427          Section 6. Section 77-36-2.4 is amended to read:
428          77-36-2.4. Violation of protective orders -- Mandatory arrest -- Penalties.

429          (1) A law enforcement officer shall, without a warrant, arrest an alleged perpetrator
430     whenever there is probable cause to believe that the alleged perpetrator has violated any of the
431     provisions of an ex parte protective order or protective order.
432          (2) (a) Intentional or knowing violation of any ex parte protective order or protective
433     order is a class A misdemeanor, in accordance with Section 76-5-108, except where a greater
434     penalty is provided in this chapter, and is a domestic violence offense, pursuant to Section
435     77-36-1.
436          (b) Second or subsequent violations of ex parte protective orders or protective orders
437     carry increased penalties, in accordance with Section 77-36-1.1.
438          (3) As used in this section, "ex parte protective order" or "protective order" includes:
439          (a) any protective order or ex parte protective order issued under Title 78B, Chapter 7,
440     Part 1, Cohabitant Abuse Act;
441          (b) any [jail release agreement, jail release court order,] pretrial protective order[,] or
442     sentencing protective order issued under Title 77, Chapter 36, Cohabitant Abuse Procedures
443     Act;
444          (c) any child protective order or ex parte child protective order issued under Title 78B,
445     Chapter 7, Part 2, Child Protective Orders; or
446          (d) a foreign protection order enforceable under Title 78B, Chapter 7, Part 3, Uniform
447     Interstate Enforcement of Domestic Violence Protection Orders Act.
448          Section 7. Section 77-36-2.7 is amended to read:
449          77-36-2.7. Dismissal -- Diversion prohibited -- Plea in abeyance -- Pretrial
450     protective order pending trial.
451          (1) Because of the serious nature of domestic violence, the court, in domestic violence
452     actions:
453          (a) may not dismiss any charge or delay disposition because of concurrent divorce or
454     other civil proceedings;
455          (b) may not require proof that either party is seeking a dissolution of marriage before
456     instigation of criminal proceedings;
457          (c) shall waive any requirement that the victim's location be disclosed other than to the
458     defendant's attorney and order the defendant's attorney not to disclose the victim's location to
459     the client;

460          (d) shall identify, on the docket sheets, the criminal actions arising from acts of
461     domestic violence;
462          (e) may dismiss a charge on stipulation of the prosecutor and the victim; and
463          (f) may hold a plea in abeyance, in accordance with the provisions of Chapter 2a, Pleas
464     in Abeyance, making treatment or any other requirement for the defendant a condition of that
465     status.
466          (2) When the court holds a plea in abeyance in accordance with Subsection (1)(f), the
467     case against a perpetrator of domestic violence may be dismissed only if the perpetrator
468     successfully completes all conditions imposed by the court. If the defendant fails to complete
469     any condition imposed by the court under Subsection (1)(f), the court may accept the
470     defendant's plea.
471          (3) (a) Because of the likelihood of repeated violence directed at those who have been
472     victims of domestic violence in the past, when any defendant is charged with a crime involving
473     domestic violence, the court may, during any court hearing where the defendant is present,
474     issue a pretrial protective order, pending trial:
475          (i) enjoining the defendant from threatening to commit or committing acts of domestic
476     violence or abuse against the victim and any designated family or household member;
477          (ii) prohibiting the defendant from harassing, telephoning, contacting, or otherwise
478     communicating with the victim, directly or indirectly;
479          (iii) removing and excluding the defendant from the victim's residence and the
480     premises of the residence;
481          (iv) ordering the defendant to stay away from the residence, school, place of
482     employment of the victim, and the premises of any of these, or any specified place frequented
483     by the victim and any designated family member; and
484          (v) ordering any other relief that the court considers necessary to protect and provide
485     for the safety of the victim and any designated family or household member.
486          (b) Violation of an order issued pursuant to this section is punishable as follows:
487          (i) if the original arrest or subsequent charge filed is a felony, an offense under this
488     section is a third degree felony; and
489          (ii) if the original arrest or subsequent charge filed is a misdemeanor, an offense under
490     this section is a class A misdemeanor.

491          (c) (i) The court shall provide the victim with a certified copy of any pretrial protective
492     order that has been issued if the victim can be located with reasonable effort.
493          (ii) The court shall also transmit the pretrial protective order to the statewide domestic
494     violence network.
495          (d) Issuance of a pretrial or sentencing protective order supercedes a [written] jail
496     release agreement or [a written] jail release court order [issued by the court at the time of
497     arrest].
498          (4) (a) When a court dismisses criminal charges or a prosecutor moves to dismiss
499     charges against a defendant accused of a domestic violence offense, the specific reasons for
500     dismissal shall be recorded in the court file and made a part of the statewide domestic violence
501     network described in Section 78B-7-113.
502          (b) The court shall transmit the dismissal to the statewide domestic violence network.
503          (c) Any pretrial protective orders, including jail release court orders and jail release
504     agreements, related to the dismissed domestic violence criminal charge shall also be dismissed.
505          (5) When the privilege of confidential communication between spouses, or the
506     testimonial privilege of spouses is invoked in any criminal proceeding in which a spouse is the
507     victim of an alleged domestic violence offense, the victim shall be considered to be an
508     unavailable witness under the Utah Rules of Evidence.
509          (6) The court may not approve diversion for a perpetrator of domestic violence.
510          Section 8. Section 77-36-6 is amended to read:
511          77-36-6. Enforcement of orders.
512          (1) Each law enforcement agency in this state shall enforce all orders of the court
513     issued pursuant to the requirements and procedures described in this chapter, and shall enforce:
514          (a) all protective orders and ex parte protective orders issued pursuant to Title 78B,
515     Chapter 7, Part 1, Cohabitant Abuse Act;
516          (b) [jail release agreements, jail release court orders,] pretrial protective orders[,] and
517     sentencing protective orders; and
518          (c) all foreign protection orders enforceable under Title 78B, Chapter 7, Part 3,
519     Uniform Interstate Enforcement of Domestic Violence Protection Orders Act.
520          (2) The requirements of this section apply statewide, regardless of the jurisdiction in
521     which the order was issued or the location of the victim or the perpetrator.