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7 LONG TITLE
8 General Description:
9 This bill modifies the Utah Code of Criminal Procedure regarding cohabitant abuse.
10 Highlighted Provisions:
11 This bill:
12 ▸ modifies the definition of "domestic violence" or "domestic violence offense."
13 Money Appropriated in this Bill:
14 None
15 Other Special Clauses:
16 None
17 Utah Code Sections Affected:
18 AMENDS:
19 77-36-1, as last amended by Laws of Utah 2016, Chapter 422
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21 Be it enacted by the Legislature of the state of Utah:
22 Section 1. Section 77-36-1 is amended to read:
23 77-36-1. Definitions.
24 As used in this chapter:
25 (1) "Cohabitant" means the same as that term is defined in Section 78B-7-102.
26 (2) "Department" means the Department of Public Safety.
27 (3) "Divorced" means an individual who has obtained a divorce under Title 30, Chapter
28 3, Divorce.
29 (4) "Domestic violence" or "domestic violence offense" means any criminal offense
30 involving violence or physical harm or threat of violence or physical harm, or any attempt,
31 conspiracy, or solicitation to commit a criminal offense involving violence or physical harm,
32 when committed by one cohabitant against another. "Domestic violence" or "domestic
33 violence offense" also means commission or attempt to commit, any of the following offenses
34 by one cohabitant against another:
35 (a) aggravated assault, as described in Section 76-5-103;
36 (b) assault, as described in Section 76-5-102;
37 (c) criminal homicide, as described in Section 76-5-201;
38 (d) harassment, as described in Section 76-5-106;
39 (e) electronic communication harassment, as described in Section 76-9-201;
40 (f) kidnapping, child kidnapping, or aggravated kidnapping, as described in Sections
41 76-5-301, 76-5-301.1, and 76-5-302;
42 (g) mayhem, as described in Section 76-5-105;
43 (h) sexual offenses, as described in Title 76, Chapter 5, Part 4, Sexual Offenses, and
44 Section 76-5b-201, Sexual exploitation of a minor -- Offenses;
45 (i) stalking, as described in Section 76-5-106.5;
46 (j) unlawful detention or unlawful detention of a minor, as described in Section
47 76-5-304;
48 (k) violation of a protective order or ex parte protective order, as described in Section
49 76-5-108;
50 (l) any offense against property described in Title 76, Chapter 6, Part 1, Property
51 Destruction, committed with the intent to harass, intimidate, or cause fear in a cohabitant;
52 (m) any offense against property described in Title 76, Chapter 6, Part 2, Burglary and
53 Criminal Trespass, or Title 76, Chapter 6, Part 3, Robbery;
54 [
55 76-10-507;
56 [
57 any person, building, or vehicle, as described in Section 76-10-508;
58 [
59 disorderly conduct is the result of a plea agreement in which the defendant was originally
60 charged with a domestic violence offense otherwise described in this Subsection (4).
61 Conviction of disorderly conduct as a domestic violence offense, in the manner described in
62 this Subsection (4)[
63 under 18 U.S.C. Sec. 921, and is exempt from the provisions of the federal Firearms Act, 18
64 U.S.C. Sec. 921 et seq.; [
65 [
66 (r) threatening with or using a dangerous weapon, as described in Section 76-10-506;
67 (s) threat of violence, as described in Section 76-5-107;
68 (t) tampering with a witness, as described in Section 76-8-508; or
69 (u) retaliation against a witness or victim, as described in Section 76-8-508.3.
70 (5) "Jail release agreement" means a written agreement:
71 (a) specifying and limiting the contact a person arrested for a domestic violence offense
72 may have with an alleged victim or other specified individuals; and
73 (b) specifying other conditions of release from jail as required in Subsection
74 77-36-2.5(2).
75 (6) "Jail release court order" means a written court order:
76 (a) specifying and limiting the contact [
77 domestic violence offense may have with an alleged victim or other specified individuals; and
78 (b) specifying other conditions of release from jail as required in Subsection
79 77-36-2.5(2).
80 (7) "Marital status" means married and living together, divorced, separated, or not
81 married.
82 (8) "Married and living together" means a man and a woman whose marriage was
83 solemnized under Section 30-1-4 or 30-1-6 and who are living in the same residence.
84 (9) "Not married" means any living arrangement other than married and living together,
85 divorced, or separated.
86 (10) "Pretrial protective order" means a written order:
87 (a) specifying and limiting the contact [
88 with a domestic violence offense may have with an alleged victim or other specified
89 individuals; and
90 (b) specifying other conditions of release pursuant to Subsection 77-36-2.5(2),
91 Subsection 77-36-2.6(3), or Section 77-36-2.7, pending trial in the criminal case.
92 (11) "Sentencing protective order" means a written order of the court as part of
93 sentencing in a domestic violence case that limits the contact [
94 been convicted of a domestic violence offense may have with a victim or other specified
95 individuals pursuant to Sections 77-36-5 and 77-36-5.1.
96 (12) "Separated" means a man and a woman who have had their marriage solemnized
97 under Section 30-1-4 or 30-1-6 and who are not living in the same residence.
98 (13) "Victim" means a cohabitant who has been subjected to domestic violence.