This document includes House Floor Amendments incorporated into the bill on Fri, Mar 6, 2020 at 11:09 AM by naomigarrow.
This document includes Senate Committee Amendments incorporated into the bill on Mon, Mar 9, 2020 at 3:41 PM by lpoole.
Representative V. Lowry Snow proposes the following substitute bill:


1     
PROTECTIVE ORDER AND STALKING INJUNCTION

2     
AMENDMENTS

3     
2020 GENERAL SESSION

4     
STATE OF UTAH

5     
Chief Sponsor: V. Lowry Snow

6     
Senate Sponsor: Todd Weiler

7     

8     LONG TITLE
9     General Description:
10          This bill addresses protective orders and stalking injunctions.
11     Highlighted Provisions:
12          This bill:
13          ▸     creates and modifies definitions;
14          ▸     modifies provisions relating to an individual's right to bail after violation of a jail
15     release agreement or jail release court order;
16          ▸     modifies and enacts provisions relating to the Administrative Office of the Court's
17     duty to provide forms to an individual seeking a civil or criminal protective order or
18     civil or criminal stalking injunction;
19          ▸     extends the length of time the following are effective:
20               •     a child protective order issued against a respondent who is not the child's parent,
21     guardian, or custodian;
22               •     a dating violence protective order;
23               •     a sexual violence protective order; and
24               •     a cohabitant abuse protective order;
25          ▸     modifies the circumstances under which a child protective order may be sought,

26     issued, modified, and vacated;
27          ▸     modifies the orders the court may include as part of a child protective order;
28          ▸     after issuance or denial of an ex parte protective order, modifies the time period
29     within which the petitioner is required to request a hearing for the protective order
30     and the time period within which the court is required to set a hearing date for the
31     petition for the protective order;
32          ▸     modifies and deletes provisions relating to expiration and modification of a
33     cohabitant abuse protective order;
34          ▸     modifies the circumstances under which a sexual violence protective order may be
35     extended;
36          ▸     modifies the penalty for a violation of a sentencing protective order and a
37     continuous protective order;
38          ▸     under certain circumstances, allows the court to issue a continuous protective order
39     against a perpetrator of an offense that is not domestic violence;
40          ▸     renumbers and amends provisions relating to criminal protective orders, civil
41     protective orders, and stalking injunctions; and
42          ▸     makes technical and conforming changes.
43     Money Appropriated in this Bill:
44          None
45     Other Special Clauses:
46          This bill provides a special effective date.
47          This bill provides a coordination clause.
48     Utah Code Sections Affected:
49     AMENDS:
50          30-3-3, as last amended by Laws of Utah 2008, Chapter 3
51          53-10-208, as last amended by Laws of Utah 2019, Chapters 33 and 365
52          53-10-208.1, as last amended by Laws of Utah 2019, Chapters 33 and 365
53          53-10-213, as enacted by Laws of Utah 2019, Chapter 33
54          53-10-403, as last amended by Laws of Utah 2017, Chapter 289
55          57-22-5.1, as last amended by Laws of Utah 2018, Chapter 255
56          76-5-106.5, as last amended by Laws of Utah 2018, Chapter 255

57          76-5-108, as last amended by Laws of Utah 2018, Chapter 255
58          77-20-1, as last amended by Laws of Utah 2019, Chapters 184 and 397
59          77-20-10, as last amended by Laws of Utah 2016, Chapter 234
60          77-36-1, as last amended by Laws of Utah 2019, Chapters 184 and 422
61          77-36-2.1, as last amended by Laws of Utah 2018, Chapter 255
62          77-36-2.4, as last amended by Laws of Utah 2017, Chapters 289 and 332
63          77-36-2.6, as last amended by Laws of Utah 2017, Chapter 332
64          77-36-2.7, as last amended by Laws of Utah 2019, Chapter 184
65          77-36-5, as last amended by Laws of Utah 2017, Chapter 332
66          77-36-5.1, as last amended by Laws of Utah 2018, Chapter 124
67          77-36-6, as last amended by Laws of Utah 2017, Chapter 289
68          77-38-403, as enacted by Laws of Utah 2019, Chapter 361
69          78A-6-103, as last amended by Laws of Utah 2019, Chapter 300
70          78A-6-114, as renumbered and amended by Laws of Utah 2008, Chapter 3
71          78A-6-123, as enacted by Laws of Utah 2017, Chapter 330
72          78B-7-101, as enacted by Laws of Utah 2008, Chapter 3
73          78B-7-102, as last amended by Laws of Utah 2018, Chapter 255
74          78B-7-104, as renumbered and amended by Laws of Utah 2008, Chapter 3
75          78B-7-105, as last amended by Laws of Utah 2018, Chapters 124 and 255
76          78B-7-109, as last amended by Laws of Utah 2018, Chapter 255
77          78B-7-112, as renumbered and amended by Laws of Utah 2008, Chapter 3
78          78B-7-113, as last amended by Laws of Utah 2013, Chapter 196
79          78B-7-201, as last amended by Laws of Utah 2019, Chapter 365
80          78B-7-202, as last amended by Laws of Utah 2014, Chapter 267
81          78B-7-203, as last amended by Laws of Utah 2010, Chapter 34
82          78B-7-204, as last amended by Laws of Utah 2008, Chapter 115 and renumbered and
83     amended by Laws of Utah 2008, Chapter 3
84          78B-7-205, as last amended by Laws of Utah 2011, Chapter 208
85          78B-7-402, as enacted by Laws of Utah 2013, Chapter 179
86          78B-7-403, as enacted by Laws of Utah 2013, Chapter 179
87          78B-7-404, as enacted by Laws of Utah 2013, Chapter 179

88          78B-7-405, as last amended by Laws of Utah 2014, Chapter 263
89          78B-7-407, as enacted by Laws of Utah 2013, Chapter 179
90          78B-7-409, as enacted by Laws of Utah 2018, Chapter 255
91          78B-7-502, as enacted by Laws of Utah 2019, Chapter 365
92          78B-7-504, as enacted by Laws of Utah 2019, Chapter 365
93          78B-7-505, as enacted by Laws of Utah 2019, Chapter 365
94          78B-7-508, as enacted by Laws of Utah 2019, Chapter 365
95          78B-19-107, as enacted by Laws of Utah 2010, Chapter 382
96     ENACTS:
97          78B-7-105.5, Utah Code Annotated 1953
98          78B-7-118, Utah Code Annotated 1953
99          78B-7-119, Utah Code Annotated 1953
100          78B-7-601, Utah Code Annotated 1953
101          78B-7-607, Utah Code Annotated 1953
102          78B-7-801, Utah Code Annotated 1953
103          78B-7-803, Utah Code Annotated 1953
104          78B-7-804, Utah Code Annotated 1953
105          78B-7-805, Utah Code Annotated 1953
106          78B-7-806, Utah Code Annotated 1953
107          78B-7-807, Utah Code Annotated 1953
108          78B-7-901, Utah Code Annotated 1953
109          78B-7-902, Utah Code Annotated 1953
110          78B-7-903, Utah Code Annotated 1953
111          78B-7-904, Utah Code Annotated 1953
112     RENUMBERS AND AMENDS:
113          78B-7-117, (Renumbered from 77-36-5.3, as enacted by Laws of Utah 2018, Chapter
114     124)
115          78B-7-602, (Renumbered from 78B-7-103, as renumbered and amended by Laws of
116     Utah 2008, Chapter 3)
117          78B-7-603, (Renumbered from 78B-7-106, as last amended by Laws of Utah 2019,
118     Chapters 33 and 429)

119          78B-7-604, (Renumbered from 78B-7-107, as last amended by Laws of Utah 2019,
120     Chapter 136)
121          78B-7-605, (Renumbered from 78B-7-115, as last amended by Laws of Utah 2019,
122     Chapter 263)
123          78B-7-606, (Renumbered from 78B-7-115.5, as last amended by Laws of Utah 2019,
124     Chapter 263)
125          78B-7-608, (Renumbered from 78B-7-110, as renumbered and amended by Laws of
126     Utah 2008, Chapter 3)
127          78B-7-609, (Renumbered from 78B-7-111, as renumbered and amended by Laws of
128     Utah 2008, Chapter 3)
129          78B-7-701, (Renumbered from 77-3a-101, as last amended by Laws of Utah 2012,
130     Chapter 383)
131          78B-7-702, (Renumbered from 77-3a-101.1, as enacted by Laws of Utah 2018, Chapter
132     255)
133          78B-7-703, (Renumbered from 77-3a-103, as enacted by Laws of Utah 2001, Chapter
134     276)
135          78B-7-802, (Renumbered from 77-20-3.5, as last amended by Laws of Utah 2019,
136     Chapter 184)
137     REPEALS:
138          77-3a-102, as enacted by Laws of Utah 2001, Chapter 276
139          78B-7-114, as renumbered and amended by Laws of Utah 2008, Chapter 3
140          78B-7-401, as enacted by Laws of Utah 2013, Chapter 179
141          78B-7-406, as enacted by Laws of Utah 2013, Chapter 179
142          78B-7-501, as enacted by Laws of Utah 2019, Chapter 365
143          78B-7-507, as enacted by Laws of Utah 2019, Chapter 365
144     Utah Code Sections Affected by Coordination Clause:
145          77-20-1, as last amended by Laws of Utah 2019, Chapters 184 and 397
146     

147     Be it enacted by the Legislature of the state of Utah:
148          Section 1. Section 30-3-3 is amended to read:
149          30-3-3. Award of costs, attorney and witness fees -- Temporary alimony.

150          (1) In any action filed under Title 30, Chapter 3, Divorce, Chapter 4, Separate
151     Maintenance, or Title 78B, Chapter 7, [Part 1, Cohabitant Abuse Act] Part 6, Cohabitant Abuse
152     Protective Orders, and in any action to establish an order of custody, parent-time, child support,
153     alimony, or division of property in a domestic case, the court may order a party to pay the costs,
154     attorney fees, and witness fees, including expert witness fees, of the other party to enable the
155     other party to prosecute or defend the action. The order may include provision for costs of the
156     action.
157          (2) In any action to enforce an order of custody, parent-time, child support, alimony, or
158     division of property in a domestic case, the court may award costs and attorney fees upon
159     determining that the party substantially prevailed upon the claim or defense. The court, in its
160     discretion, may award no fees or limited fees against a party if the court finds the party is
161     impecunious or enters in the record the reason for not awarding fees.
162          (3) In any action listed in Subsection (1), the court may order a party to provide money,
163     during the pendency of the action, for the separate support and maintenance of the other party
164     and of any children in the custody of the other party.
165          (4) Orders entered under this section prior to entry of the final order or judgment may
166     be amended during the course of the action or in the final order or judgment.
167          Section 2. Section 53-10-208 is amended to read:
168          53-10-208. Definition -- Offenses included on statewide warrant system --
169     Transportation fee to be included -- Statewide warrant system responsibility -- Quality
170     control -- Training -- Technical support -- Transaction costs.
171          (1) "Statewide warrant system" means the portion of the state court computer system
172     that is accessible by modem from the state mainframe computer and contains:
173          (a) records of criminal warrant information; and
174          (b) after notice and hearing, records of protective orders issued pursuant to:
175          (i) Title 77, Chapter 36, Cohabitant Abuse Procedures Act;
176          [(ii) Title 78B, Chapter 7, Part 1, Cohabitant Abuse Act;]
177          [(iii)] (ii) Title 78B, Chapter 7, Part 4, Dating Violence [Protection Act; or] Protective
178     Orders;
179          [(iv)] (iii) Title 78B, Chapter 7, Part 5, Sexual Violence [Protection Act.] Protective
180     Orders; or

181          (iv) Title 78B, Chapter 7, Part 6, Cohabitant Abuse Protective Orders.
182          (2) (a) The division shall include on the statewide warrant system all warrants issued
183     for felony offenses and class A, B, and C misdemeanor offenses in the state.
184          (b) The division shall include on the statewide warrant system all warrants issued for
185     failure to appear on a traffic citation as ordered by a magistrate under Subsection 77-7-19(3).
186          (c) For each warrant, the division shall indicate whether the magistrate ordered under
187     Section 77-7-5 and Rule 6, Utah Rules of Criminal Procedure, that the accused appear in court.
188          (3) The division is the agency responsible for the statewide warrant system and shall:
189          (a) ensure quality control of all warrants of arrest or commitment and protective orders
190     contained in the statewide warrant system by conducting regular validation checks with every
191     clerk of a court responsible for entering the information on the system;
192          (b) upon the expiration of the protective orders and in the manner prescribed by the
193     division, purge information regarding protective orders described in Subsection
194     53-10-208.1(1)(d) within 30 days of the time after expiration;
195          (c) establish system procedures and provide training to all criminal justice agencies
196     having access to information contained on the state warrant system;
197          (d) provide technical support, program development, and systems maintenance for the
198     operation of the system; and
199          (e) pay data processing and transaction costs for state, county, and city law
200     enforcement agencies and criminal justice agencies having access to information contained on
201     the state warrant system.
202          (4) (a) Any data processing or transaction costs not funded by legislative appropriation
203     shall be paid on a pro rata basis by all agencies using the system during the fiscal year.
204          (b) This Subsection (4) supersedes any conflicting provision in Subsection (3)(e).
205          Section 3. Section 53-10-208.1 is amended to read:
206          53-10-208.1. Magistrates and court clerks to supply information.
207          (1) Every magistrate or clerk of a court responsible for court records in this state shall,
208     within 30 days of the disposition and on forms and in the manner provided by the division,
209     furnish the division with information pertaining to:
210          (a) all dispositions of criminal matters, including:
211          (i) guilty pleas;

212          (ii) convictions;
213          (iii) dismissals;
214          (iv) acquittals;
215          (v) pleas held in abeyance;
216          (vi) judgments of not guilty by reason of insanity[:];
217          (vii) judgments of guilty with a mental illness;
218          (viii) finding of mental incompetence to stand trial; and
219          (ix) probations granted;
220          (b) orders of civil commitment under the terms of Section 62A-15-631;
221          (c) the issuance, recall, cancellation, or modification of all warrants of arrest or
222     commitment as described in Rule 6, Utah Rules of Criminal Procedure and Section 78B-6-303,
223     within one day of the action and in a manner provided by the division; and
224          (d) protective orders issued after notice and hearing, pursuant to:
225          (i) Title 77, Chapter 36, Cohabitant Abuse Procedures Act;
226          [(ii) Title 78B, Chapter 7, Part 1, Cohabitant Abuse Act;]
227          [(iii)] (ii) Title 78B, Chapter 7, Part 4, Dating Violence [Protection Act; or] Protective
228     Orders;
229          [(iv)] (iii) Title 78B, Chapter 7, Part 5, Sexual Violence [Protection Act.] Protective
230     Orders; or
231          (iv) Title 78B, Chapter 7, Part 6, Cohabitant Abuse Protective Orders.
232          (2) The court in the county where a determination or finding was made shall transmit a
233     record of the determination or finding to the bureau no later than 48 hours after the
234     determination is made, excluding Saturdays, Sundays, and legal holidays, if an individual is:
235          (a) adjudicated as a mental defective; or
236          (b) involuntarily committed to a mental institution in accordance with Subsection
237     62A-15-631(16).
238          (3) The record described in Subsection (2) shall include:
239          (a) an agency record identifier;
240          (b) the individual's name, sex, race, and date of birth; and
241          (c) the individual's social security number, government issued driver license or
242     identification number, alien registration number, government passport number, state

243     identification number, or FBI number.
244          Section 4. Section 53-10-213 is amended to read:
245          53-10-213. Reporting requirements.
246          (1) The bureau shall submit the record received from the court in accordance with
247     Subsection [78B-7-106] 78B-7-603(5)(e) to the National Crime Information Center within 48
248     hours of receipt, excluding Saturdays, Sundays, and legal holidays.
249          (2) The bureau shall submit the record received from the court in accordance with
250     Subsection 53-10-208.1(2) to the National Instant Criminal Background Check System within
251     48 hours of receipt, excluding Saturdays, Sundays, and legal holidays.
252          Section 5. Section 53-10-403 is amended to read:
253          53-10-403. DNA specimen analysis -- Application to offenders, including minors.
254          (1) Sections 53-10-404, 53-10-404.5, 53-10-405, and 53-10-406 apply to any person
255     who:
256          (a) has pled guilty to or has been convicted of any of the offenses under Subsection
257     (2)(a) or (b) on or after July 1, 2002;
258          (b) has pled guilty to or has been convicted by any other state or by the United States
259     government of an offense which if committed in this state would be punishable as one or more
260     of the offenses listed in Subsection (2)(a) or (b) on or after July 1, 2003;
261          (c) has been booked on or after January 1, 2011, through December 31, 2014, for any
262     offense under Subsection (2)(c);
263          (d) has been booked:
264          (i) by a law enforcement agency that is obtaining a DNA specimen on or after May 13,
265     2014, through December 31, 2014, under Subsection 53-10-404(4)(b) for any felony offense; or
266          (ii) on or after January 1, 2015, for any felony offense; or
267          (e) is a minor under Subsection (3).
268          (2) Offenses referred to in Subsection (1) are:
269          (a) any felony or class A misdemeanor under the Utah Code;
270          (b) any offense under Subsection (2)(a):
271          (i) for which the court enters a judgment for conviction to a lower degree of offense
272     under Section 76-3-402; or
273          (ii) regarding which the court allows the defendant to enter a plea in abeyance as

274     defined in Section 77-2a-1; or
275          (c) (i) any violent felony as defined in Section 53-10-403.5;
276          (ii) sale or use of body parts, Section 26-28-116;
277          (iii) failure to stop at an accident that resulted in death, Section 41-6a-401.5;
278          (iv) driving with any amount of a controlled substance in a person's body and causing
279     serious bodily injury or death, Subsection 58-37-8(2)(g);
280          (v) a felony violation of enticing a minor over the Internet, Section 76-4-401;
281          (vi) a felony violation of propelling a substance or object at a correctional officer, a
282     peace officer, or an employee or a volunteer, including health care providers, Section
283     76-5-102.6;
284          (vii) aggravated human trafficking and aggravated human smuggling, Section
285     76-5-310;
286          (viii) a felony violation of unlawful sexual activity with a minor, Section 76-5-401;
287          (ix) a felony violation of sexual abuse of a minor, Section 76-5-401.1;
288          (x) unlawful sexual contact with a 16 or 17-year old, Section 76-5-401.2;
289          (xi) sale of a child, Section 76-7-203;
290          (xii) aggravated escape, Subsection 76-8-309(2);
291          (xiii) a felony violation of assault on an elected official, Section 76-8-315;
292          (xiv) influencing, impeding, or retaliating against a judge or member of the Board of
293     Pardons and Parole, Section 76-8-316;
294          (xv) advocating criminal syndicalism or sabotage, Section 76-8-902;
295          (xvi) assembly for advocating criminal syndicalism or sabotage, Section 76-8-903;
296          (xvii) a felony violation of sexual battery, Section 76-9-702.1;
297          (xviii) a felony violation of lewdness involving a child, Section 76-9-702.5;
298          (xix) a felony violation of abuse or desecration of a dead human body, Section
299     76-9-704;
300          (xx) manufacture, possession, sale, or use of a weapon of mass destruction, Section
301     76-10-402;
302          (xxi) manufacture, possession, sale, or use of a hoax weapon of mass destruction,
303     Section 76-10-403;
304          (xxii) possession of a concealed firearm in the commission of a violent felony,

305     Subsection 76-10-504(4);
306          (xxiii) assault with the intent to commit bus hijacking with a dangerous weapon,
307     Subsection 76-10-1504(3);
308          (xxiv) commercial obstruction, Subsection 76-10-2402(2);
309          (xxv) a felony violation of failure to register as a sex or kidnap offender, Section
310     77-41-107;
311          (xxvi) repeat violation of a protective order, Subsection 77-36-1.1(2)(c); or
312          (xxvii) violation of condition for release after arrest under Section [77-20-3.5]
313     78B-7-802 .
314          (3) A minor under Subsection (1) is a minor 14 years of age or older whom a Utah
315     court has adjudicated to be within the jurisdiction of the juvenile court due to the commission
316     of any offense described in Subsection (2), and who is:
317          (a) within the jurisdiction of the juvenile court on or after July 1, 2002 for an offense
318     under Subsection (2); or
319          (b) in the legal custody of the Division of Juvenile Justice Services on or after July 1,
320     2002 for an offense under Subsection (2).
321          Section 6. Section 57-22-5.1 is amended to read:
322          57-22-5.1. Crime victim's right to new locks -- Domestic violence victim's right to
323     terminate rental agreement -- Limits an owner relating to assistance from public safety
324     agency.
325          (1) As used in this section:
326          (a) "Crime victim" means a victim of:
327          (i) domestic violence, as defined in Section 77-36-1;
328          (ii) stalking, as defined in Section 76-5-106.5;
329          (iii) a crime under Title 76, Chapter 5, Part 4, Sexual Offenses;
330          (iv) burglary or aggravated burglary under Section 76-6-202 or 76-6-203; or
331          (v) dating violence, as defined in Section [78B-7-402] 78B-7-102.
332          (b) "Public safety agency" means a governmental entity that provides fire protection,
333     law enforcement, ambulance, medical, or similar service.
334          (2) An acceptable form of documentation of an act listed in Subsection (1) is:
335          (a) a protective order protecting the renter issued pursuant to Title 78B, Chapter 7,

336     [Part 1, Cohabitant Abuse Act] Part 6, Cohabitant Abuse Protective Orders, subsequent to a
337     hearing of which the petitioner and respondent have been given notice under Title 78B,
338     Chapter 7, [Part 1, Cohabitant Abuse Act] Part 6, Cohabitant Abuse Protective Orders; or
339          (b) a copy of a police report documenting an act listed in Subsection (1).
340          (3) (a) A renter who is a crime victim may require the renter's owner to install a new
341     lock to the renter's residential rental unit if the renter:
342          (i) provides the owner with an acceptable form of documentation of an act listed in
343     Subsection (1); and
344          (ii) pays for the cost of installing the new lock.
345          (b) An owner may comply with Subsection (3)(a) by:
346          (i) rekeying the lock if the lock is in good working condition; or
347          (ii) changing the entire locking mechanism with a locking mechanism of equal or
348     greater quality than the lock being replaced.
349          (c) An owner who installs a new lock under Subsection (3)(a) may retain a copy of the
350     key that opens the new lock.
351          (d) Notwithstanding any rental agreement, an owner who installs a new lock under
352     Subsection (3)(a) shall refuse to provide a copy of the key that opens the new lock to the
353     perpetrator of the act listed in Subsection (1).
354          (e) Notwithstanding Section 78B-6-814, if an owner refuses to provide a copy of the
355     key under Subsection (3)(d) to a perpetrator who is not barred from the residential rental unit
356     by a protective order but is a renter on the rental agreement, the perpetrator may file a petition
357     with a court of competent jurisdiction within 30 days to:
358          (i) establish whether the perpetrator should be given a key and allowed access to the
359     residential rental unit; or
360          (ii) whether the perpetrator should be relieved of further liability under the rental
361     agreement because of the owner's exclusion of the perpetrator from the residential rental unit.
362          (f) Notwithstanding Subsection (3)(e)(ii), a perpetrator may not be relieved of further
363     liability under the rental agreement if the perpetrator is found by the court to have committed
364     the act upon which the landlord's exclusion of the perpetrator is based.
365          (4) A renter who is a victim of domestic violence, as defined in Section 77-36-1, may
366     terminate a rental agreement if the renter:

367          (a) is in compliance with:
368          (i) all provisions of Section 57-22-5; and
369          (ii) all obligations under the rental agreement;
370          (b) provides the owner:
371          (i) written notice of termination; and
372          (ii) a protective order protecting the renter from a domestic violence perpetrator or a
373     copy of a police report documenting that the renter is a victim of domestic violence and did not
374     participate in the violence; and
375          (c) no later than the date that the renter provides a notice of termination under
376     Subsection (4)(b)(i), pays the owner the equivalent of 45 days' rent for the period beginning on
377     the date that the renter provides the notice of termination.
378          (5) An owner may not:
379          (a) impose a restriction on a renter's ability to request assistance from a public safety
380     agency; or
381          (b) penalize or evict a renter because the renter makes reasonable requests for
382     assistance from a public safety agency.
383          Section 7. Section 76-5-106.5 is amended to read:
384          76-5-106.5. Stalking -- Definitions -- Injunction -- Penalties -- Duties of law
385     enforcement officer.
386          (1) As used in this section:
387          [(a) "Conviction" means:]
388          [(i) a verdict or conviction;]
389          [(ii) a plea of guilty or guilty and mentally ill;]
390          [(iii) a plea of no contest; or]
391          [(iv) the acceptance by the court of a plea in abeyance.]
392          [(b)] (a) "Course of conduct" means two or more acts directed at or toward a specific
393     person, including:
394          (i) acts in which the actor follows, monitors, observes, photographs, surveils, threatens,
395     or communicates to or about a person, or interferes with a person's property:
396          (A) directly, indirectly, or through any third party; and
397          (B) by any action, method, device, or means; or

398          (ii) when the actor engages in any of the following acts or causes someone else to
399     engage in any of these acts:
400          (A) approaches or confronts a person;
401          (B) appears at the person's workplace or contacts the person's employer or coworkers;
402          (C) appears at a person's residence or contacts a person's neighbors, or enters property
403     owned, leased, or occupied by a person;
404          (D) sends material by any means to the person or for the purpose of obtaining or
405     disseminating information about or communicating with the person to a member of the person's
406     family or household, employer, coworker, friend, or associate of the person;
407          (E) places an object on or delivers an object to property owned, leased, or occupied by
408     a person, or to the person's place of employment with the intent that the object be delivered to
409     the person; or
410          (F) uses a computer, the Internet, text messaging, or any other electronic means to
411     commit an act that is a part of the course of conduct.
412          [(c)] (b) "Emotional distress" means significant mental or psychological suffering,
413     whether or not medical or other professional treatment or counseling is required.
414          [(d)] (c) "Immediate family" means a spouse, parent, child, sibling, or any other person
415     who regularly resides in the household or who regularly resided in the household within the
416     prior six months.
417          [(e)] (d) "Reasonable person" means a reasonable person in the victim's circumstances.
418          [(f)] (e) "Stalking" means an offense as described in Subsection (2) or (3).
419          [(g)] (f) "Text messaging" means a communication in the form of electronic text or one
420     or more electronic images sent by the actor from a telephone or computer to another person's
421     telephone or computer by addressing the communication to the recipient's telephone number.
422          (2) A person is guilty of stalking who intentionally or knowingly engages in a course of
423     conduct directed at a specific person and knows or should know that the course of conduct
424     would cause a reasonable person:
425          (a) to fear for the person's own safety or the safety of a third person; or
426          (b) to suffer other emotional distress.
427          (3) A person is guilty of stalking who intentionally or knowingly violates:
428          (a) a stalking injunction issued [pursuant to Title 77, Chapter 3a, Stalking Injunctions]

429     under Title 78B, Chapter 7, Part 7, Civil Stalking Injunctions; or
430          (b) a permanent criminal stalking injunction issued [pursuant to this section] under
431     Title 78B, Chapter 7, Part 9, Criminal Stalking Injunctions.
432          (4) In any prosecution under this section, it is not a defense that the actor:
433          (a) was not given actual notice that the course of conduct was unwanted; or
434          (b) did not intend to cause the victim fear or other emotional distress.
435          (5) An offense of stalking may be prosecuted under this section in any jurisdiction
436     where one or more of the acts that is part of the course of conduct was initiated or caused an
437     effect on the victim.
438          (6) Stalking is a class A misdemeanor:
439          (a) upon the offender's first violation of Subsection (2); or
440          (b) if the offender violated a stalking injunction issued [pursuant to Title 77, Chapter
441     3a, Stalking Injunctions] under Title 78B, Chapter 7, Part 7, Civil Stalking Injunctions.
442          (7) Stalking is a third degree felony if the offender:
443          (a) has been previously convicted of an offense of stalking;
444          (b) has been previously convicted in another jurisdiction of an offense that is
445     substantially similar to the offense of stalking;
446          (c) has been previously convicted of any felony offense in Utah or of any crime in
447     another jurisdiction which if committed in Utah would be a felony, in which the victim of the
448     stalking offense or a member of the victim's immediate family was also a victim of the
449     previous felony offense;
450          (d) violated a permanent criminal stalking injunction issued [pursuant to Subsection
451     (9)] under Title 78B, Chapter 7, Part 9, Criminal Stalking Injunctions; or
452          (e) has been or is at the time of the offense a cohabitant, as defined in Section
453     78B-7-102, of the victim.
454          (8) Stalking is a second degree felony if the offender:
455          (a) used a dangerous weapon as defined in Section 76-1-601 or used other means or
456     force likely to produce death or serious bodily injury, in the commission of the crime of
457     stalking;
458          (b) has been previously convicted two or more times of the offense of stalking;
459          (c) has been convicted two or more times in another jurisdiction or jurisdictions of

460     offenses that are substantially similar to the offense of stalking;
461          (d) has been convicted two or more times, in any combination, of offenses under
462     Subsection (7)(a), (b), or (c);
463          (e) has been previously convicted two or more times of felony offenses in Utah or of
464     crimes in another jurisdiction or jurisdictions which, if committed in Utah, would be felonies,
465     in which the victim of the stalking was also a victim of the previous felony offenses; or
466          (f) has been previously convicted of an offense under Subsection (7)(d) or (e).
467          [(9) (a) The following serve as an application for a permanent criminal stalking
468     injunction limiting the contact between the defendant and the victim:]
469          [(i) a conviction for:]
470          [(A) stalking; or]
471          [(B) attempt to commit stalking; or]
472          [(ii) a plea to any of the offenses described in Subsection (9)(a)(i) accepted by the court
473     and held in abeyance for a period of time.]
474          [(b) A permanent criminal stalking injunction shall be issued by the court at the time of
475     the conviction. The court shall give the defendant notice of the right to request a hearing.]
476          [(c) If the defendant requests a hearing under Subsection (9)(b), it shall be held at the
477     time of the conviction unless the victim requests otherwise, or for good cause.]
478          [(d) If the conviction was entered in a justice court, a certified copy of the judgment
479     and conviction or a certified copy of the court's order holding the plea in abeyance shall be filed
480     by the victim in the district court as an application and request for a hearing for a permanent
481     criminal stalking injunction.]
482          [(10) A permanent criminal stalking injunction shall be issued by the district court
483     granting the following relief where appropriate:]
484          [(a) an order:]
485          [(i) restraining the defendant from entering the residence, property, school, or place of
486     employment of the victim; and]
487          [(ii) requiring the defendant to stay away from the victim, except as provided in
488     Subsection (11), and to stay away from any specified place that is named in the order and is
489     frequented regularly by the victim;]
490          [(b) an order restraining the defendant from making contact with or regarding the

491     victim, including an order forbidding the defendant from personally or through an agent
492     initiating any communication, except as provided in Subsection (11), likely to cause annoyance
493     or alarm to the victim, including personal, written, or telephone contact with or regarding the
494     victim, with the victim's employers, employees, coworkers, friends, associates, or others with
495     whom communication would be likely to cause annoyance or alarm to the victim; and]
496          [(c) any other orders the court considers necessary to protect the victim and members
497     of the victim's immediate family or household.]
498          [(11) If the victim and defendant have minor children together, the court may consider
499     provisions regarding the defendant's exercise of custody and parent-time rights while ensuring
500     the safety of the victim and any minor children. If the court issues a permanent criminal
501     stalking injunction, but declines to address custody and parent-time issues, a copy of the
502     stalking injunction shall be filed in any action in which custody and parent-time issues are
503     being considered and that court may modify the injunction to balance the parties' custody and
504     parent-time rights.]
505          [(12) Except as provided in Subsection (11), a permanent criminal stalking injunction
506     may be modified, dissolved, or dismissed only upon application of the victim to the court
507     which granted the injunction.]
508          [(13) Notice of permanent criminal stalking injunctions issued pursuant to this section
509     shall be sent by the court to the statewide warrants network or similar system.]
510          [(14) A permanent criminal stalking injunction issued pursuant to this section has
511     effect statewide.]
512          [(15) (a) Violation of an injunction issued pursuant to this section constitutes a third
513     degree felony offense of stalking under Subsection (7).]
514          [(b) Violations may be enforced in a civil action initiated by the stalking victim, a
515     criminal action initiated by a prosecuting attorney, or both.]
516          (9) (a) A permanent criminal stalking injunction limiting the contact between the
517     defendant and victim may be filed in accordance with Section 78B-7-902.
518          [(16)] (b) This section does not preclude the filing of [a] criminal information for
519     stalking based on the same act which is the basis for the violation of the stalking injunction
520     issued [pursuant to Title 77, Chapter 3a,] under Title 78B, Chapter 7, Part 7, Civil Stalking
521     Injunctions, or a permanent criminal stalking injunction issued under Title 78B, Chapter 7, Part

522     9, Criminal Stalking Injunctions.
523          [(17)] (10) (a) A law enforcement officer who responds to an allegation of stalking
524     shall use all reasonable means to protect the victim and prevent further violence, including:
525          (i) taking action that, in the officer's discretion, is reasonably necessary to provide for
526     the safety of the victim and any family or household member;
527          (ii) confiscating the weapon or weapons involved in the alleged stalking;
528          (iii) making arrangements for the victim and any child to obtain emergency housing or
529     shelter;
530          (iv) providing protection while the victim removes essential personal effects;
531          (v) arranging, facilitating, or providing for the victim and any child to obtain medical
532     treatment; and
533          (vi) arranging, facilitating, or providing the victim with immediate and adequate notice
534     of the rights of victims and of the remedies and services available to victims of stalking, in
535     accordance with Subsection [(17)] (10)(b).
536          (b) (i) A law enforcement officer shall give written notice to the victim in simple
537     language, describing the rights and remedies available under this section and Title [77, Chapter
538     3a,] 78B, Chapter 7, Part 7, Civil Stalking Injunctions.
539          (ii) The written notice shall also include:
540          (A) a statement that the forms needed in order to obtain a stalking injunction are
541     available from the court clerk's office in the judicial district where the victim resides or is
542     temporarily domiciled; and
543          (B) a list of shelters, services, and resources available in the appropriate community,
544     together with telephone numbers, to assist the victim in accessing any needed assistance.
545          (c) If a weapon is confiscated under this Subsection [(17)] (10), the law enforcement
546     agency shall return the weapon to the individual from whom the weapon is confiscated if a
547     stalking injunction is not issued or once the stalking injunction is terminated.
548          Section 8. Section 76-5-108 is amended to read:
549          76-5-108. Protective orders restraining abuse of another -- Violation.
550          (1) Any person who is the respondent or defendant subject to a protective order, child
551     protective order, ex parte protective order, or ex parte child protective order issued under the
552     following who intentionally or knowingly violates that order after having been properly served

553     or having been present, in person or through court video conferencing, when the order was
554     issued, is guilty of a class A misdemeanor, except as a greater penalty may be provided in Title
555     77, Chapter 36, Cohabitant Abuse Procedures Act:
556          (a) Title 78A, Chapter 6, Juvenile Court Act;
557          [(a)] (b) Title 78B, Chapter 7, [Part 1, Cohabitant Abuse Act] Part 6, Cohabitant Abuse
558     Protective Orders;
559          [(b) Title 78A, Chapter 6, Juvenile Court Act;]
560          (c) Title [77, Chapter 36, Cohabitant Abuse Procedures Act] 78B, Chapter 7, Part 8,
561     Criminal Protective Orders; or
562          (d) a foreign protection order enforceable under Title 78B, Chapter 7, Part 3, Uniform
563     Interstate Enforcement of Domestic Violence Protection Orders Act.
564          (2) Violation of an order as described in Subsection (1) is a domestic violence offense
565     under Section 77-36-1 and subject to increased penalties in accordance with Section 77-36-1.1.
566          Section 9. Section 77-20-1 is amended to read:
567          77-20-1. Right to bail -- Denial of bail -- Hearing.
568          (1) As used in this chapter:
569          (a) "Bail bond agency" means the same as that term is defined in Section 31A-35-102.
570          (b) "Surety" and "sureties" mean a surety insurer or a bail bond agency.
571          (c) "Surety insurer" means the same as that term is defined in Section 31A-35-102.
572          (2) An individual charged with or arrested for a criminal offense shall be admitted to
573     bail as a matter of right, except if the individual is charged with a:
574          (a) capital felony, when the court finds there is substantial evidence to support the
575     charge;
576          (b) felony committed while on probation or parole, or while free on bail awaiting trial
577     on a previous felony charge, when the court finds there is substantial evidence to support the
578     current felony charge;
579          (c) felony when there is substantial evidence to support the charge and the court finds
580     by clear and convincing evidence that the individual would constitute a substantial danger to
581     any other individual or to the community, or is likely to flee the jurisdiction of the court, if
582     released on bail;
583          (d) felony when the court finds there is substantial evidence to support the charge and

584     [it] the court finds by clear and convincing evidence that the individual violated a material
585     condition of release while previously on bail; or
586          (e) domestic violence offense if the court finds:
587          (i) that there is substantial evidence to support the charge; and
588          (ii) by clear and convincing evidence, that the individual would constitute a substantial
589     danger to an alleged victim of domestic violence if released on bail.
590          (3) Any individual who may be admitted to bail may be released by posting bail in the
591     form and manner provided in Section 77-20-4, or on the individual's own recognizance, on
592     condition that the individual appear in court for future court proceedings in the case, and on
593     any other conditions imposed in the discretion of the magistrate or court that will reasonably:
594          (a) ensure the appearance of the accused;
595          (b) ensure the integrity of the court process;
596          (c) prevent direct or indirect contact with witnesses or victims by the accused, if
597     appropriate; and
598          (d) ensure the safety of the public.
599          (4) (a) Except as otherwise provided, the initial order denying or fixing the amount of
600     bail shall be issued by the magistrate or court issuing the warrant of arrest.
601          (b) A magistrate may set bail upon determining that there was probable cause for a
602     warrantless arrest.
603          (c) A bail commissioner may set bail in a misdemeanor case in accordance with
604     Sections 10-3-920 and 17-32-1.
605          (d) An individual arrested for a violation of a jail release agreement or jail release court
606     order issued in accordance with Section [77-20-3.5] 78B-7-802:
607          [(i) may not be released before the accused's first judicial appearance; and]
608          [(ii)] (i) may be denied bail by the court under Subsection (2)[.]; and
609          (ii) if denied bail, may not be released before the individual's initial appearance before
610     the court.
611          (5) The magistrate or court may rely upon information contained in:
612          (a) the indictment or information;
613          (b) any sworn probable cause statement;
614          (c) information provided by any pretrial services agency; or

615          (d) any other reliable record or source.
616          (6) (a) A motion to modify the initial order may be made by a party at any time upon
617     notice to the opposing party sufficient to permit the opposing party to prepare for hearing and
618     to permit any victim to be notified and be present.
619          (b) Hearing on a motion to modify may be held in conjunction with a preliminary
620     hearing or any other pretrial hearing.
621          (c) The magistrate or court may rely on information as provided in Subsection (5) and
622     may base its ruling on evidence provided at the hearing so long as each party is provided an
623     opportunity to present additional evidence or information relevant to bail.
624          (7) Subsequent motions to modify bail orders may be made only upon a showing that
625     there has been a material change in circumstances.
626          (8) An appeal may be taken from an order of any court denying bail to the Supreme
627     Court, which shall review the determination under Subsection (2).
628          (9) For purposes of this section, any arrest or charge for a violation of Section
629     76-5-202, Aggravated murder, is a capital felony unless:
630          (a) the prosecutor files a notice of intent to not seek the death penalty; or
631          (b) the time for filing a notice to seek the death penalty has expired and the prosecutor
632     has not filed a notice to seek the death penalty.
633          Section 10. Section 77-20-10 is amended to read:
634          77-20-10. Grounds for detaining defendant while appealing the defendant's
635     conviction -- Conditions for release while on appeal.
636          (1) The court shall order that a defendant who has been found guilty of an offense in a
637     court of record and sentenced to a term of imprisonment in jail or prison, and who has filed an
638     appeal or a petition for a writ of certiorari, be detained, unless the court finds:
639          (a) the appeal raises a substantial question of law or fact likely to result in:
640          (i) reversal;
641          (ii) an order for a new trial; or
642          (iii) a sentence that does not include a term of imprisonment in jail or prison;
643          (b) the appeal is not for the purpose of delay; and
644          (c) by clear and convincing evidence presented by the defendant that the defendant is
645     not likely to flee the jurisdiction of the court, and will not pose a danger to the physical,

646     psychological, or financial and economic safety or well-being of any other person or the
647     community if released.
648          (2) If the court makes a finding under Subsection (1) that justifies not detaining the
649     defendant, the court shall order the release of the defendant, subject to conditions that result in
650     the least restrictive condition or combination of conditions that the court determines will
651     reasonably assure the appearance of the person as required and the safety of any other person
652     and the community. The conditions may include that the defendant:
653          (a) post appropriate bail;
654          (b) execute a bail bond with a surety under Title 31A, Chapter 35, Bail Bond Act, in an
655     amount necessary to assure the appearance of the defendant as required;
656          (c) (i) execute a written agreement to forfeit, upon failing to appear as required,
657     designated property, including money, as is reasonably necessary to assure the appearance of
658     the defendant; and
659          (ii) post with the court indicia of ownership of the property or a percentage of the
660     money as the court may specify;
661          (d) not commit a federal, state, or local crime during the period of release;
662          (e) remain in the custody of a designated person who agrees to assume supervision of
663     the defendant and who agrees to report any violation of a release condition to the court, if the
664     designated person is reasonably able to assure the court that the defendant will appear as
665     required and will not pose a danger to the safety of any other person or the community;
666          (f) maintain employment, or if unemployed, actively seek employment;
667          (g) maintain or commence an educational program;
668          (h) abide by specified restrictions on personal associations, place of abode, or travel;
669          (i) avoid all contact with the victims of the offense and with any witnesses who
670     testified against the defendant or potential witnesses who may testify concerning the offense if
671     the appeal results in a reversal or an order for a new trial;
672          (j) report on a regular basis to a designated law enforcement agency, pretrial services
673     agency, or other designated agency;
674          (k) comply with a specified curfew;
675          (l) not possess a firearm, destructive device, or other dangerous weapon;
676          (m) not use alcohol, or any narcotic drug or other controlled substances except as

677     prescribed by a licensed medical practitioner;
678          (n) undergo available medical, psychological, or psychiatric treatment, including
679     treatment for drug or alcohol dependency, and remain under the supervision of or in a specified
680     institution if required for that purpose;
681          (o) return to custody for specified hours following release for employment, schooling,
682     or other limited purposes;
683          (p) satisfy any other condition that is reasonably necessary to assure the appearance of
684     the defendant as required and to assure the safety of any other person and the community; and
685          (q) if convicted of committing a sexual offense or an assault or other offense involving
686     violence against a child 17 years of age or younger, is limited or denied access to any location
687     or occupation where children are, including but not limited to:
688          (i) any residence where children are on the premises;
689          (ii) activities, including organized activities, in which children are involved; and
690          (iii) locations where children congregate, or where a reasonable person should know
691     that children congregate.
692          (3) The court may, in its discretion, amend an order granting release to impose
693     additional or different conditions of release.
694          (4) If defendant has been found guilty of an offense in a court not of record and files a
695     timely notice of appeal pursuant to Subsection 78A-7-118(1) for a trial de novo, the court shall
696     stay all terms of a sentence, unless at the time of sentencing the judge finds by a preponderance
697     of the evidence that the defendant poses a danger to another person or the community.
698          (5) If a stay is ordered, the court may order post-conviction restrictions on the
699     defendant's conduct as appropriate, including:
700          (a) continuation of any pre-trial restrictions or orders;
701          (b) sentencing protective orders under Section [77-36-5.1] 78B-7-804;
702          (c) drug and alcohol use;
703          (d) use of an ignition interlock; and
704          (e) posting appropriate bail.
705          (6) The provisions of Subsections (4) and (5) do not apply to convictions for an offense
706     under Title 41, Chapter 6a, Part 5, Driving Under the Influence and Reckless Driving.
707          (7) Any stay authorized by Subsection (4) is lifted upon the dismissal of the appeal by

708     the district court.
709          Section 11. Section 77-36-1 is amended to read:
710          77-36-1. Definitions.
711          As used in this chapter:
712          (1) "Cohabitant" means the same as that term is defined in Section 78B-7-102.
713          (2) "Department" means the Department of Public Safety.
714          (3) "Divorced" means an individual who has obtained a divorce under Title 30, Chapter
715     3, Divorce.
716          (4) "Domestic violence" or "domestic violence offense" means any criminal offense
717     involving violence or physical harm or threat of violence or physical harm, or any attempt,
718     conspiracy, or solicitation to commit a criminal offense involving violence or physical harm,
719     when committed by one cohabitant against another. "Domestic violence" or "domestic
720     violence offense" includes commission or attempt to commit, any of the following offenses by
721     one cohabitant against another:
722          (a) aggravated assault, as described in Section 76-5-103;
723          (b) aggravated cruelty to an animal, as described in Subsection 76-9-301(4), with the
724     intent to harass or threaten the other cohabitant;
725          (c) assault, as described in Section 76-5-102;
726          (d) criminal homicide, as described in Section 76-5-201;
727          (e) harassment, as described in Section 76-5-106;
728          (f) electronic communication harassment, as described in Section 76-9-201;
729          (g) kidnapping, child kidnapping, or aggravated kidnapping, as described in Sections
730     76-5-301, 76-5-301.1, and 76-5-302;
731          (h) mayhem, as described in Section 76-5-105;
732          (i) sexual offenses, as described in Title 76, Chapter 5, Part 4, Sexual Offenses, and
733     Section 76-5b-201, Sexual exploitation of a minor -- Offenses;
734          (j) stalking, as described in Section 76-5-106.5;
735          (k) unlawful detention or unlawful detention of a minor, as described in Section
736     76-5-304;
737          (l) violation of a protective order or ex parte protective order, as described in Section
738     76-5-108;

739          (m) any offense against property described in Title 76, Chapter 6, Part 1, Property
740     Destruction, Title 76, Chapter 6, Part 2, Burglary and Criminal Trespass, or Title 76, Chapter 6,
741     Part 3, Robbery;
742          (n) possession of a deadly weapon with criminal intent, as described in Section
743     76-10-507;
744          (o) discharge of a firearm from a vehicle, near a highway, or in the direction of any
745     person, building, or vehicle, as described in Section 76-10-508;
746          (p) disorderly conduct, as defined in Section 76-9-102, if a conviction of disorderly
747     conduct is the result of a plea agreement in which the defendant was originally charged with a
748     domestic violence offense otherwise described in this Subsection (4), except that a conviction
749     of disorderly conduct as a domestic violence offense, in the manner described in this
750     Subsection (4)(p), does not constitute a misdemeanor crime of domestic violence under 18
751     U.S.C. Sec. 921, and is exempt from the federal Firearms Act, 18 U.S.C. Sec. 921 et seq.;
752          (q) child abuse, as described in Section 76-5-109.1;
753          (r) threatening use of a dangerous weapon, as described in Section 76-10-506;
754          (s) threatening violence, as described in Section 76-5-107;
755          (t) tampering with a witness, as described in Section 76-8-508;
756          (u) retaliation against a witness or victim, as described in Section 76-8-508.3;
757          (v) unlawful distribution of an intimate image, as described in Section 76-5b-203;
758          (w) sexual battery, as described in Section 76-9-702.1;
759          (x) voyeurism, as described in Section 76-9-702.7;
760          (y) damage to or interruption of a communication device, as described in Section
761     76-6-108; or
762          (z) an offense described in [Section 77-20-3.5] Subsection 78B-7-806(2).
763          (5) "Jail release agreement" means the same as that term is defined in Section
764     [77-20-3.5] 78B-7-801.
765          (6) "Jail release court order" means the same as that term is defined in Section
766     [77-20-3.5] 78B-7-801.
767          (7) "Marital status" means married and living together, divorced, separated, or not
768     married.
769          (8) "Married and living together" means a couple whose marriage was solemnized

770     under Section 30-1-4 or 30-1-6 and who are living in the same residence.
771          (9) "Not married" means any living arrangement other than married and living together,
772     divorced, or separated.
773          (10) "Protective order" includes an order issued under [Subsection 77-36-5.1(6)]
774     Subsection 78B-7-804(3).
775          (11) "Pretrial protective order" means a written order:
776          (a) specifying and limiting the contact a person who has been charged with a domestic
777     violence offense may have with an alleged victim or other specified individuals; and
778          (b) specifying other conditions of release [pursuant to Section 77-20-3.5, Subsection
779     77-36-2.6(3), or Section 77-36-2.7] under Sections 78B-7-802 or 78B-7-803, pending trial in
780     the criminal case.
781          (12) "Sentencing protective order" means a written order of the court as part of
782     sentencing in a domestic violence case that limits the contact a person who has been convicted
783     of a domestic violence offense may have with a victim or other specified individuals [pursuant
784     to Sections 77-36-5 and 77-36-5.1] under Section 78B-7-804.
785          (13) "Separated" means a couple who have had their marriage solemnized under
786     Section 30-1-4 or 30-1-6 and who are not living in the same residence.
787          (14) "Victim" means a cohabitant who has been subjected to domestic violence.
788          Section 12. Section 77-36-2.1 is amended to read:
789          77-36-2.1. Duties of law enforcement officers -- Notice to victims.
790          (1) A law enforcement officer who responds to an allegation of domestic violence shall
791     use all reasonable means to protect the victim and prevent further violence, including:
792          (a) taking the action that, in the officer's discretion, is reasonably necessary to provide
793     for the safety of the victim and any family or household member;
794          (b) confiscating the weapon or weapons involved in the alleged domestic violence;
795          (c) making arrangements for the victim and any child to obtain emergency housing or
796     shelter;
797          (d) providing protection while the victim removes essential personal effects;
798          (e) arrange, facilitate, or provide for the victim and any child to obtain medical
799     treatment; and
800          (f) arrange, facilitate, or provide the victim with immediate and adequate notice of the

801     rights of victims and of the remedies and services available to victims of domestic violence, in
802     accordance with Subsection (2).
803          (2) (a) A law enforcement officer shall give written notice to the victim in simple
804     language, describing the rights and remedies available under this chapter, Title 78B, Chapter 7,
805     [Part 1, Cohabitant Abuse Act] Part 7, Cohabitant Abuse Protective Orders, and Title 78B,
806     Chapter 7, Part 2, Child Protective Orders.
807          (b) The written notice shall also include:
808          (i) a statement that the forms needed in order to obtain an order for protection are
809     available from the court clerk's office in the judicial district where the victim resides or is
810     temporarily domiciled;
811          (ii) a list of shelters, services, and resources available in the appropriate community,
812     together with telephone numbers, to assist the victim in accessing any needed assistance; and
813          (iii) the information required to be provided to both parties in accordance with
814      Subsections [77-20-3.5(10) and (11)] 78B-7-802(8) and (9) .
815          (3) If a weapon is confiscated under this section, the law enforcement agency shall
816     return the weapon to the individual from whom the weapon is confiscated if a domestic
817     violence protective order is not issued or once the domestic violence protective order is
818     terminated.
819          Section 13. Section 77-36-2.4 is amended to read:
820          77-36-2.4. Violation of a protective order -- Mandatory arrest -- Penalties.
821          (1) A law enforcement officer shall[, without a warrant, arrest an alleged perpetrator
822     whenever there is probable cause to believe that the alleged perpetrator has violated] arrest an
823     alleged perpetrator for a violation of any of the provisions of an ex parte protective order or
824     protective order in accordance with Section 78B-7-119.
825          (2) A violation of a protective order is punishable in accordance with Section
826     76-5-108.
827          [(2) (a) Intentional or knowing violation of any ex parte protective order or protective
828     order is a class A misdemeanor, in accordance with Section 76-5-108, except where a greater
829     penalty is provided in this chapter, and is a domestic violence offense, pursuant to Section
830     77-36-1.]
831          [(b) Second or subsequent violations of ex parte protective orders or protective orders

832     carry increased penalties, in accordance with Section 77-36-1.1.]
833          [(3) As used in this section, "ex parte protective order" or "protective order" includes:]
834          [(a) a protective order or ex parte protective order issued under Title 78B, Chapter 7,
835     Part 1, Cohabitant Abuse Act;]
836          [(b) a pretrial protective order, sentencing protective order, or continuous protective
837     order issued under this chapter;]
838          [(c) any child protective order or ex parte child protective order issued under Title 78B,
839     Chapter 7, Part 2, Child Protective Orders; or]
840          [(d) a foreign protection order enforceable under Title 78B, Chapter 7, Part 3, Uniform
841     Interstate Enforcement of Domestic Violence Protection Orders Act.]
842          Section 14. Section 77-36-2.6 is amended to read:
843          77-36-2.6. Appearance of defendant required -- Considerations by court.
844          (1) A defendant who has been arrested for an offense involving domestic violence shall
845     appear in person or by video before the court or a magistrate within one judicial day after the
846     day on which the arrest is made.
847          (2) A defendant who has been charged by citation, indictment, or information with an
848     offense involving domestic violence but has not been arrested, shall appear before the court in
849     person for arraignment or initial appearance as soon as practicable, but no later than 14 days
850     after the next day on which court is in session following the issuance of the citation or the
851     filing of the indictment or information.
852          (3) At the time of an appearance under Subsection (1) or (2), the court shall[:] consider
853     imposing a pretrial protective order in accordance with Section 78B-7-803.
854          [(a) determine the necessity of imposing a pretrial protective order or other condition
855     of pretrial release, including participating in an electronic or other type of monitoring
856     program;]
857          [(b) identify the individual designated by the victim to communicate between the
858     defendant and the victim if and to the extent necessary for family related matters; and]
859          [(c) state its findings and determination in writing.]
860          (4) Appearances required by this section are mandatory and may not be waived.
861          Section 15. Section 77-36-2.7 is amended to read:
862          77-36-2.7. Dismissal -- Diversion prohibited -- Plea in abeyance -- Pretrial

863     protective order pending trial.
864          (1) Because of the serious nature of domestic violence, the court, in domestic violence
865     actions:
866          (a) may not dismiss any charge or delay disposition because of concurrent divorce or
867     other civil proceedings;
868          (b) may not require proof that either party is seeking a dissolution of marriage before
869     instigation of criminal proceedings;
870          (c) shall waive any requirement that the victim's location be disclosed other than to the
871     defendant's attorney and order the defendant's attorney not to disclose the victim's location to
872     the client;
873          (d) shall identify, on the docket sheets, the criminal actions arising from acts of
874     domestic violence; and
875          (e) may hold a plea in abeyance, in accordance with the provisions of Chapter 2a, Pleas
876     in Abeyance, making treatment or any other requirement for the defendant a condition of that
877     status.
878          (2) When the court holds a plea in abeyance in accordance with Subsection (1)(e), the
879     case against a perpetrator of domestic violence may be dismissed only if the perpetrator
880     successfully completes all conditions imposed by the court. If the defendant fails to complete
881     any condition imposed by the court under Subsection (1)(e), the court may accept the
882     defendant's plea.
883          [(3) (a) Because of the likelihood of repeated violence directed at those who have been
884     victims of domestic violence in the past and the vulnerability of victims of other qualifying
885     offenses, as defined in Section 77-20-3.5, when any defendant is charged with a crime
886     involving a qualifying offense, the court may, during any court hearing where the defendant is
887     present, issue a pretrial protective order, pending trial:]
888          [(i) enjoining the defendant from threatening to commit or committing acts of domestic
889     violence or abuse against the victim and any designated family or household member;]
890          [(ii) prohibiting the defendant from harassing, telephoning, contacting, or otherwise
891     communicating with the victim, directly or indirectly;]
892          [(iii) removing and excluding the defendant from the victim's residence and the
893     premises of the residence;]

894          [(iv) ordering the defendant to stay away from the residence, school, place of
895     employment of the victim, and the premises of any of these, or any specified place frequented
896     by the victim and any designated family member; and]
897          [(v) ordering any other relief that the court considers necessary to protect and provide
898     for the safety of the victim and any designated family or household member.]
899          [(b) Violation of an order issued pursuant to this section is punishable as follows:]
900          [(i) if the original arrest or subsequent charge filed is a felony, an offense under this
901     section is a third degree felony; and]
902          [(ii) if the original arrest or subsequent charge filed is a misdemeanor, an offense under
903     this section is a class A misdemeanor.]
904          [(c) (i) The court shall provide the victim with a certified copy of any pretrial
905     protective order that has been issued if the victim can be located with reasonable effort.]
906          [(ii) If the court is unable to locate the victim, the court shall provide the victim's
907     certified copy to the prosecutor.]
908          [(iii) The court shall transmit the pretrial protective order to the statewide domestic
909     violence network.]
910          [(d) Issuance of a pretrial or sentencing protective order supersedes a jail release
911     agreement or jail release court order.]
912          [(e) If the alleged victim and the defendant share custody of one or more minor
913     children, the court may include in a pretrial protective order provisions for indirect or limited
914     contact to temporarily facilitate parent visitation with a minor child.]
915          [(f) In a pretrial protective order the court shall determine whether to allow provisions
916     for transfer of personal property to decrease the need for contact between the parties.]
917          (3) When a defendant is charged with a crime involving a qualifying offense, as
918     defined in Section 78B-7-801, the court may, during any court hearing where the defendant is
919     present, issue a pretrial protective order in accordance with Section 78B-7-803.
920          (4) (a) When a court dismisses criminal charges or a prosecutor moves to dismiss
921     charges against a defendant accused of a domestic violence offense, the specific reasons for
922     dismissal shall be recorded in the court file and made a part of any related order or agreement
923     on the statewide domestic violence network described in Section 78B-7-113.
924          (b) The court shall transmit the dismissal to the statewide domestic violence network.

925          (c) Any pretrial protective orders, including jail release court orders and jail release
926     agreements, related to the dismissed domestic violence criminal charge shall also be dismissed.
927          (5) The court may not approve diversion for a perpetrator of domestic violence.
928          Section 16. Section 77-36-5 is amended to read:
929          77-36-5. Sentencing -- Restricting contact with victim -- Electronic monitoring --
930     Counseling -- Cost assessed against defendant -- Sentencing protective order --
931     Continuous protective order.
932          (1) [(a)] When a defendant is found guilty of a crime involving domestic violence and
933     a condition of the sentence restricts the defendant's contact with the victim, a sentencing
934     protective order may be issued under [Subsection 77-36-5.1(2)] Section 78B-7-804 for the
935     length of the defendant's probation or a continuous protective order may be issued under
936     [Subsection 77-36-5.1(6)] Section 78B-7-804.
937          [(b) (i) The sentencing protective order or continuous protective order shall be in
938     writing, and the prosecutor shall provide a certified copy of that order to the victim.]
939          [(ii) The court shall transmit the sentencing protective order or continuous protective
940     order to the statewide domestic violence network.]
941          [(c) Violation of a sentencing protective order or continuous protective order issued
942     pursuant to this Subsection (1) is a class A misdemeanor.]
943          (2) In determining [its] the court's sentence the court, in addition to penalties otherwise
944     provided by law, may require the defendant to participate in an electronic or other type of
945     monitoring program.
946          (3) The court may also require the defendant to pay all or part of the costs of
947     counseling incurred by the victim and any children affected by or exposed to the domestic
948     violence offense, as well as the costs for the defendant's own counseling.
949          (4) The court shall:
950          (a) assess against the defendant, as restitution, any costs for services or treatment
951     provided to the victim and affected children of the victim or the defendant by the Division of
952     Child and Family Services under Section 62A-4a-106; and
953          (b) order those costs to be paid directly to the division or its contracted provider.
954          (5) The court may order the defendant to obtain and satisfactorily complete treatment
955     or therapy in a domestic violence treatment program, as defined in Section 62A-2-101, that is

956     licensed by the Department of Human Services.
957          Section 17. Section 77-36-5.1 is amended to read:
958          77-36-5.1. Conditions of probation for individual convicted of domestic violence
959     offense.
960          (1) Before any perpetrator who has been convicted of a domestic violence offense may
961     be placed on probation, the court shall consider the safety and protection of the victim and any
962     member of the victim's family or household.
963          (2) The court may condition probation or a plea in abeyance on the perpetrator's
964     compliance with one or more orders of the court, which may include:
965          (a) a sentencing protective order[:] issued in accordance with Section 78B-7-804;
966          [(a) enjoining the perpetrator from threatening to commit or committing acts of
967     domestic violence against the victim or other family or household member;]
968          [(b) prohibiting the perpetrator from harassing, telephoning, contacting, or otherwise
969     communicating with the victim, directly or indirectly;]
970          [(c) requiring the perpetrator to stay away from the victim's residence, school, place of
971     employment, and the premises of any of these, or a specified place frequented regularly by the
972     victim or any designated family or household member;]
973          [(d)] (b) prohibiting the perpetrator from possessing or consuming alcohol or
974     controlled substances;
975          [(e)] (c) prohibiting the perpetrator from purchasing, using, or possessing a firearm or
976     other specified weapon;
977          [(f)] (d) directing the perpetrator to surrender any weapons the perpetrator owns or
978     possesses;
979          [(g)] (e) directing the perpetrator to participate in and complete, to the satisfaction of
980     the court, a program of intervention for perpetrators, treatment for alcohol or substance abuse,
981     or psychiatric or psychological treatment;
982          [(h)] (f) directing the perpetrator to pay restitution to the victim, enforcement of which
983     shall be in accordance with Chapter 38a, Crime Victims Restitution Act; and
984          [(i)] (g) imposing any other condition necessary to protect the victim and any other
985     designated family or household member or to rehabilitate the perpetrator.
986          (3) The perpetrator is responsible for the costs of any condition of probation, according

987     to the perpetrator's ability to pay.
988          (4) (a) Adult Probation and Parole, or other provider, shall immediately report to the
989     court and notify the victim of any offense involving domestic violence committed by the
990     perpetrator, the perpetrator's failure to comply with any condition imposed by the court, and
991     any violation of [any] a sentencing [criminal] protective order issued by the court under Section
992     78B-7-804.
993          (b) Notification of the victim under Subsection (4)(a) shall consist of a good faith
994     reasonable effort to provide prompt notification, including mailing a copy of the notification to
995     the last-known address of the victim.
996          [(5) The court shall transmit all dismissals, terminations, and expirations of pretrial and
997     sentencing criminal protective orders issued by the court to the statewide domestic violence
998     network.]
999          [(6) (a) Because of the serious, unique, and highly traumatic nature of domestic
1000     violence crimes, the high recidivism rate of violent offenders, and the demonstrated increased
1001     risk of continued acts of violence subsequent to the release of a perpetrator who is convicted of
1002     domestic violence, it is the finding of the Legislature that domestic violence crimes warrant the
1003     issuance of continuous protective orders under this Subsection (6) because of the need to
1004     provide ongoing protection for the victim and to be consistent with the purposes of protecting
1005     victims' rights under Chapter 37, Victims' Rights, and Chapter 38, Rights of Crime Victims
1006     Act, and Article I, Section 28 of the Utah Constitution.]
1007          [(b) If a perpetrator is convicted of a domestic violence offense resulting in a sentence
1008     of imprisonment, including jail, that is to be served after conviction, the court shall issue a
1009     continuous protective order at the time of the conviction or sentencing limiting the contact
1010     between the perpetrator and the victim unless the court determines by clear and convincing
1011     evidence that the victim does not a have a reasonable fear of future harm or abuse.]
1012          [(c) (i) The court shall notify the perpetrator of the right to request a hearing.]
1013          [(ii) If the perpetrator requests a hearing under this Subsection (6)(c), the court shall
1014     hold the hearing at the time determined by the court. The continuous protective order shall be
1015     in effect while the hearing is being scheduled and while the hearing is pending.]
1016          [(d) A continuous protective order is permanent in accordance with this Subsection
1017     (6)(d) and may grant the following relief:]

1018          [(i) enjoining the perpetrator from threatening to commit or committing acts of
1019     domestic violence against the victim or other family or household member;]
1020          [(ii) prohibiting the perpetrator from harassing, telephoning, contacting, or otherwise
1021     communicating with the victim, directly or indirectly;]
1022          [(iii) prohibiting the perpetrator from going to the victim's residence, school, place of
1023     employment, and the premises of any of these, or a specified place frequented regularly by the
1024     victim or any designated family or other household member;]
1025          [(iv) directing the perpetrator to pay restitution to the victim as may apply, and shall be
1026     enforced in accordance with Chapter 38a, Crime Victims Restitution Act; and]
1027          [(v) any other order the court considers necessary to fully protect the victim and
1028     members of the victim's family or other household member.]
1029          [(e) A continuous protective order may be modified or dismissed only if the court
1030     determines by clear and convincing evidence that all requirements of this Subsection (6) have
1031     been met and the victim does not have a reasonable fear of future harm or abuse.]
1032          [(f) Notice of a continuous protective order issued pursuant to this section shall be sent
1033     by the court to the statewide domestic violence network.]
1034          [(g) Violation of a continuous protective order issued pursuant to this Subsection (6) is
1035     a class A misdemeanor, is a domestic violence offense under Section 77-36-1, and is subject to
1036     increased penalties in accordance with Section 77-36-1.1.]
1037          [(h) In addition to the process of issuing a continuous protective order described in
1038     Subsection (6)(a), a district court may issue a continuous protective order at any time if the
1039     victim files a petition with the district court, and after notice and hearing the district court finds
1040     that a continuous protective order is necessary to protect the victim.]
1041          [(7) (a) Before release of a person who is subject to a continuous protective order
1042     issued under Subsection (6), the victim shall receive notice of the imminent release by the law
1043     enforcement agency that is releasing the person who is subject to the continuous protective
1044     order:]
1045          [(i) if the victim has provided the law enforcement agency contact information; and]
1046          [(ii) in accordance with Section 64-13-14.7, if applicable.]
1047          [(b) Before release, the law enforcement agency shall notify in writing the person being
1048     released that a violation of the continuous protective order issued at the time of conviction or

1049     sentencing continues to apply, and that a violation of the continuous protective order is a class
1050     A misdemeanor, is a separate domestic violence offense under Section 77-36-1, and is subject
1051     to increased penalties in accordance with Section 77-36-1.1.]
1052          [(8)] (5) In addition to a protective order issued under this section, the court may issue
1053     a separate order relating to the transfer of a wireless telephone number in accordance with
1054     Section [77-36-5.3] 78B-7-117.
1055          Section 18. Section 77-36-6 is amended to read:
1056          77-36-6. Enforcement of orders.
1057          (1) Each law enforcement agency in this state shall enforce all orders of the court
1058     issued [pursuant to] under the requirements and procedures described in this chapter, and shall
1059     enforce:
1060          (a) all protective orders and ex parte protective orders issued [pursuant to] under Title
1061     78B, Chapter 7, [Part 1, Cohabitant Abuse Act] Part 6, Cohabitant Abuse Protective Orders;
1062          (b) pretrial protective orders issued under Section 78B-7-803 and sentencing protective
1063     orders Ŝ→ and continuous protective orders ←Ŝ issued under Section 78B-7-804; and
1064          (c) all foreign protection orders enforceable under Title 78B, Chapter 7, Part 3,
1065     Uniform Interstate Enforcement of Domestic Violence Protection Orders Act.
1066          (2) The requirements of this section apply statewide, regardless of the jurisdiction in
1067     which the order was issued or the location of the victim or the perpetrator.
1068          Section 19. Section 77-38-403 is amended to read:
1069          77-38-403. Definitions.
1070          As used in this part:
1071          (1) "Advocacy services" means assistance provided that supports, supplements,
1072     intervenes, or links a victim or a victim's family with appropriate resources and services to
1073     address the wide range of potential impacts of being victimized.
1074          (2) "Advocacy services provider" means an entity that has the primary focus of
1075     providing advocacy services in general or with specialization to a specific crime type or
1076     specific type of victimization.
1077          (3) "Confidential communication" means a communication that is intended to be
1078     confidential between a victim and a victim advocate for the purpose of obtaining advocacy
1079     services.

1080          (4) "Criminal justice system victim advocate" means an individual who:
1081          (a) is employed or authorized to volunteer by a government agency that possesses a
1082     role or responsibility within the criminal justice system;
1083          (b) has as a primary responsibility addressing the mental, physical, or emotional
1084     recovery of victims;
1085          (c) completes a minimum 40 hours of trauma-informed training:
1086          (i) in crisis response, the effects of crime and trauma on victims, victim advocacy
1087     services and ethics, informed consent, and this part regarding privileged confidential
1088     communication; and
1089          (ii) that have been approved or provided by the Utah Office for Victims of Crime; and
1090          (d) is under the supervision of the director or director's designee of the government
1091     agency.
1092          (5) "Health care provider" means the same as that term is defined in Section
1093     78B-3-403.
1094          (6) "Mental health therapist" means the same as that term is defined in Section
1095     58-60-102.
1096          (7) "Nongovernment organization victim advocate" means an individual who:
1097          (a) is employed or authorized to volunteer by an nongovernment organization advocacy
1098     services provider;
1099          (b) has as a primary responsibility addressing the mental, physical, or emotional
1100     recovery of victims;
1101          (c) has a minimum 40 hours of trauma-informed training:
1102          (i) in assisting victims specific to the specialization or focus of the nongovernment
1103     organization advocacy services provider and includes this part regarding privileged confidential
1104     communication; and
1105          (ii) (A) that have been approved or provided by the Utah Office for Victims of Crime;
1106     or
1107          (B) that meets other minimally equivalent standards set forth by the nongovernment
1108     organization advocacy services provider; and
1109          (d) is under the supervision of the director or the director's designee of the
1110     nongovernment organization advocacy services provider.

1111          (8) "Record" means a book, letter, document, paper, map, plan, photograph, file, card,
1112     tape, recording, electronic data, or other documentary material regardless of physical form or
1113     characteristics.
1114          (9) "Victim" means:
1115          (a) a ["victim of a crime"] victim of a crime as defined in Section 77-38-2;
1116          (b) an individual who is a victim of domestic violence as defined in Section 77-36-1;
1117     or
1118          (c) an individual who is a victim of dating violence as defined in Section [78B-7-402]
1119     78B-7-102.
1120          (10) (a) "Victim advocate" means:
1121          [(a)] (i) a criminal justice system victim advocate;
1122          [(b)] (ii) a nongovernment organization victim advocate; or
1123          [(c)] (iii) an individual who is employed or authorized to volunteer by a public or
1124     private entity and is designated by the Utah Office for Victims of Crime as having the specific
1125     purpose of providing advocacy services to or for the clients of the public or private entity.
1126          [(d)] (b) "Victim advocate" does not include an employee of the Utah Office for
1127     Victims of Crime.
1128          Section 20. Section 78A-6-103 is amended to read:
1129          78A-6-103. Jurisdiction of juvenile court -- Original -- Exclusive.
1130          (1) Except as otherwise provided by law, the juvenile court has exclusive original
1131     jurisdiction in proceedings concerning:
1132          (a) a child who has violated any federal, state, or local law or municipal ordinance or a
1133     person younger than 21 years of age who has violated any law or ordinance before becoming
1134     18 years of age, regardless of where the violation occurred, excluding offenses:
1135          (i) in Section 53G-8-211 until such time that the child is referred to the courts under
1136     Section 53G-8-211; and
1137          (ii) in Subsection 78A-7-106(2);
1138          (b) a child who is an abused child, neglected child, or dependent child, as those terms
1139     are defined in Section 78A-6-105;
1140          (c) a protective order for a child pursuant to Title 78B, Chapter 7, Part 2, Child
1141     Protective Orders, which the juvenile court may transfer to the district court if the juvenile

1142     court has entered an ex parte protective order and finds that:
1143          (i) the petitioner and the respondent are the natural parent, adoptive parent, or step
1144     parent of the child who is the object of the petition;
1145          (ii) the district court has a petition pending or an order related to custody or parent-time
1146     entered under Title 30, Chapter 3, Divorce, Title 78B, Chapter 7, [Part 1, Cohabitant Abuse
1147     Act] Part 6, Cohabitant Abuse Protective Orders, or Title 78B, Chapter 15, Utah Uniform
1148     Parentage Act, in which the petitioner and the respondent are parties; and
1149          (iii) the best interests of the child will be better served in the district court;
1150          (d) appointment of a guardian of the person or other guardian of a minor who comes
1151     within the court's jurisdiction under other provisions of this section;
1152          (e) the emancipation of a minor in accordance with Part 8, Emancipation;
1153          (f) the termination of the legal parent-child relationship in accordance with Part 5,
1154     Termination of Parental Rights Act, including termination of residual parental rights and
1155     duties;
1156          (g) the treatment or commitment of a minor who has an intellectual disability;
1157          (h) the judicial consent to the marriage of a minor 16 or 17 years old upon a
1158     determination of voluntariness or where otherwise required by law;
1159          (i) any parent or parents of a child committed to a secure youth facility, to order, at the
1160     discretion of the court and on the recommendation of a secure facility, the parent or parents of a
1161     child committed to a secure facility for a custodial term, to undergo group rehabilitation
1162     therapy under the direction of a secure facility therapist, who has supervision of that parent's or
1163     parents' child, or any other therapist the court may direct, for a period directed by the court as
1164     recommended by a secure facility;
1165          (j) a minor under Title 55, Chapter 12, Interstate Compact for Juveniles;
1166          (k) subject to Subsection (8), the treatment or commitment of a child with a mental
1167     illness;
1168          (l) the commitment of a child to a secure drug or alcohol facility in accordance with
1169     Section 62A-15-301;
1170          (m) a minor found not competent to proceed pursuant to Section 78A-6-1301;
1171          (n) de novo review of final agency actions resulting from an informal adjudicative
1172     proceeding as provided in Section 63G-4-402; and

1173          (o) adoptions conducted in accordance with the procedures described in Title 78B,
1174     Chapter 6, Part 1, Utah Adoption Act, when the juvenile court has previously entered an order
1175     terminating the rights of a parent and finds that adoption is in the best interest of the child.
1176          (2) (a) Notwithstanding Section 78A-7-106 and Subsection 78A-5-102(9), the juvenile
1177     court has exclusive jurisdiction over the following offenses committed by a child:
1178          (i) Title 41, Chapter 6a, Part 5, Driving Under the Influence and Reckless Driving;
1179          (ii) Section 73-18-12, reckless operation; and
1180          (iii) class B and C misdemeanors, infractions, or violations of ordinances that are part
1181     of a single criminal episode filed in a petition that contains an offense over which the court has
1182     jurisdiction.
1183          (b) A juvenile court may only order substance use disorder treatment or an educational
1184     series if the minor has an assessed need for the intervention on the basis of the results of a
1185     validated assessment.
1186          (3) The juvenile court has jurisdiction over an ungovernable or runaway child who is
1187     referred to it by the Division of Child and Family Services or by public or private agencies that
1188     contract with the division to provide services to that child when, despite earnest and persistent
1189     efforts by the division or agency, the child has demonstrated that the child:
1190          (a) is beyond the control of the child's parent, guardian, or lawful custodian to the
1191     extent that the child's behavior or condition endangers the child's own welfare or the welfare of
1192     others; or
1193          (b) has run away from home.
1194          (4) This section does not restrict the right of access to the juvenile court by private
1195     agencies or other persons.
1196          (5) The juvenile court has jurisdiction of all magistrate functions relative to cases
1197     arising under Section 78A-6-702.
1198          (6) The juvenile court has jurisdiction to make a finding of substantiated,
1199     unsubstantiated, or without merit, in accordance with Section 78A-6-323.
1200          (7) The juvenile court has jurisdiction of matters transferred to it by another trial court
1201     pursuant to Subsection 78A-7-106(5) and subject to Section 53G-8-211.
1202          (8) The court may commit a child to the physical custody of a local mental health
1203     authority in accordance with Title 62A, Chapter 15, Part 7, Commitment of Persons Under Age

1204     18 to Division of Substance Abuse and Mental Health, but not directly to the Utah State
1205     Hospital.
1206          Section 21. Section 78A-6-114 is amended to read:
1207          78A-6-114. Hearings -- Public excluded, exceptions -- Victims admitted -- Minor's
1208     cases heard separately from adult cases -- Minor or parents or custodian heard
1209     separately -- Continuance of hearing -- Consolidation of proceedings involving more than
1210     one minor.
1211          (1) Hearings in [minor's] minors' cases shall be held before the court without a jury and
1212     may be conducted in an informal manner.
1213          (a) (i) In abuse, neglect, and dependency cases the court shall admit any person to a
1214     hearing, including a hearing under Section 78A-6-322, unless the court makes a finding upon
1215     the record that the person's presence at the hearing would:
1216          (A) be detrimental to the best interest of a child who is a party to the proceeding;
1217          (B) impair the fact-finding process; or
1218          (C) be otherwise contrary to the interests of justice.
1219          (ii) The court may exclude a person from a hearing under Subsection (1)(a)(i) on its
1220     own motion or by motion of a party to the proceeding.
1221          (b) In delinquency cases the court shall admit all persons who have a direct interest in
1222     the case and may admit persons requested by the parent or legal guardian to be present. The
1223     court shall exclude all other persons except as provided in Subsection (1)(c).
1224          (c) In delinquency cases in which the minor charged is 14 years of age or older, the
1225     court shall admit any person unless the hearing is closed by the court upon findings on the
1226     record for good cause if:
1227          (i) the minor has been charged with an offense which would be a felony if committed
1228     by an adult; or
1229          (ii) the minor is charged with an offense that would be a class A or B misdemeanor if
1230     committed by an adult, and the minor has been previously charged with an offense which
1231     would be a misdemeanor or felony if committed by an adult.
1232          (d) The victim of any act charged in a petition or information involving an offense
1233     committed by a minor which if committed by an adult would be a felony or a class A or class B
1234     misdemeanor shall, upon request, be afforded all rights afforded victims in Title 77, Chapter

1235     36, Cohabitant Abuse Procedures Act, Title 77, Chapter 37, Victims' Rights, [and] Title 77,
1236     Chapter 38, Rights of Crime Victims Act, and Title 78B, Chapter 7, Part 8, Criminal Protective
1237     Orders. The notice provisions in Section 77-38-3 do not apply to important juvenile justice
1238     hearings as defined in Section 77-38-2.
1239          (e) A victim, upon request to appropriate juvenile court personnel, shall have the right
1240     to inspect and duplicate juvenile court legal records that have not been expunged concerning:
1241          (i) the scheduling of any court hearings on the petition;
1242          (ii) any findings made by the court; and
1243          (iii) any sentence or decree imposed by the court.
1244          (2) [Minor's] Minors' cases shall be heard separately from adult cases. The minor or
1245     the parents or custodian of a minor may be heard separately when considered necessary by the
1246     court. The hearing may be continued from time to time to a date specified by court order.
1247          (3) When more than one child is involved in a home situation which may be found to
1248     constitute neglect or dependency, or when more than one minor is alleged to be involved in the
1249     same law violation, the proceedings may be consolidated, except that separate hearings may be
1250     held with respect to disposition.
1251          Section 22. Section 78A-6-123 is amended to read:
1252          78A-6-123. Case planning and appropriate responses.
1253          (1) For a minor adjudicated and placed on probation or into the custody of the Division
1254     of Juvenile Justice Services under Section 78A-6-117, a case plan shall be created and shall be:
1255          (a) developed in collaboration with the minor and the minor's family;
1256          (b) individualized to the minor;
1257          (c) informed by the results of a validated risk and needs assessment; and
1258          (d) tailored to the minor's offense and history.
1259          (2) (a) The Administrative Office of the Courts and the Division of Juvenile Justice
1260     Services shall develop a statewide system of appropriate responses to guide responses to the
1261     behaviors of minors:
1262          (i) undergoing nonjudicial adjustments;
1263          (ii) under the jurisdiction of the juvenile court; and
1264          (iii) in the custody of the Division of Juvenile Justice Services.
1265          (b) The system of responses shall include both sanctions and incentives that:

1266          (i) are swift and certain;
1267          (ii) include a continuum of community based responses for minors living at home;
1268          (iii) target a minor's criminogenic risks and needs, as determined by the results of a
1269     validated risk and needs assessment, and the severity of the violation; and
1270          (iv) authorize earned discharge credits as one incentive for compliance.
1271          (c) After considering the guidelines established by the Sentencing Commission,
1272     pursuant to Section 63M-7-404, the system of appropriate responses under Subsections (2)(a)
1273     and (b) shall be developed.
1274          (3) A response to a compliant or noncompliant behavior under Subsection (2) shall be
1275     documented in the minor's case plan. Documentation shall include:
1276          (a) positive behaviors and incentives offered;
1277          (b) violations and corresponding sanctions; and
1278          (c) whether the minor has a subsequent violation after a sanction.
1279          (4) Before referring a minor to court for judicial review or to the Youth Parole
1280     Authority if the minor is under the jurisdiction of the Youth Parole Authority in response to a
1281     violation, either through a contempt filing under Section 78A-6-1101 or an order to show
1282     cause, pursuant to Subsections (2)(a) and (b), a pattern of appropriate responses shall be
1283     documented in the minor's case plan .
1284          (5) Notwithstanding Subsection (4), violations of protective orders or ex parte
1285     [protection orders] protective orders listed in [Subsection 77-36-2.7(3)] Section 78B-7-803
1286     with victims and violations that constitute new delinquency offenses may be filed directly with
1287     the court.
1288          Section 23. Section 78B-7-101 is amended to read:
1289     
CHAPTER 7. PROTECTIVE ORDERS AND STALKING INJUNCTIONS

1290     
Part 1. General Provisions

1291          78B-7-101. Title.
1292          This [part] chapter is known and may be cited as [the "Cohabitant Abuse Act."]
1293     "Protective Orders and Stalking Injunctions."
1294          Section 24. Section 78B-7-102 is amended to read:
1295          78B-7-102. Definitions.
1296          As used in this chapter:

1297          (1) "Abuse" means, except as provided in Section 78B-7-201, intentionally or
1298     knowingly causing or attempting to cause [a cohabitant physical harm or intentionally or
1299     knowingly placing a cohabitant] another individual physical harm or intentionally or knowingly
1300     placing another individual in reasonable fear of imminent physical harm.
1301          (2) "Civil protective order" means an order issued, subsequent to a hearing on the
1302     petition, of which the petitioner and respondent have been given notice, under:
1303          (a) Part 2, Child Protective Orders;
1304          (b) Part 4, Dating Violence Protective Orders;
1305          (c) Part 5, Sexual Violence Protective Orders; or
1306          (d) Part 6, Cohabitant Abuse Protective Orders.
1307          (3) "Civil stalking injunction" means a stalking injunction issued under Part 7, Civil
1308     Stalking Injunctions.
1309          [(2)] (4) (a) "Cohabitant" means an emancipated [person pursuant to] individual under
1310     Section 15-2-1 or [a person] an individual who is 16 years of age or older who:
1311          [(a)] (i) is or was a spouse of the other party;
1312          [(b)] (ii) is or was living as if a spouse of the other party;
1313          [(c)] (iii) is related by blood or marriage to the other party as the [person's] individual's
1314     parent, grandparent, sibling, or any other [person] individual related to the [person] individual
1315     by consanguinity or affinity to the second degree;
1316          [(d)] (iv) has or had one or more children in common with the other party;
1317          [(e)] (v) is the biological parent of the other party's unborn child;
1318          [(f)] (vi) resides or has resided in the same residence as the other party; or
1319          [(g)] (vii) is or was in a consensual sexual relationship with the other party.
1320          [(3)] (b) Notwithstanding Subsection [(2)] (4)(a), "cohabitant" does not include:
1321          [(a)] (i) the relationship of natural parent, adoptive parent, or step-parent to a minor; or
1322          [(b)] (ii) the relationship between natural, adoptive, step, or foster siblings who are
1323     under 18 years of age.
1324          (5) "Criminal protective order" means an order issued under Part 8, Criminal Protective
1325     Orders.
1326          (6) "Criminal stalking injunction" means a stalking injunction issued under Part 9,
1327     Criminal Stalking Injunctions.

1328          [(4)] (7) "Court clerk" means a district court clerk.
1329          (8) (a) "Dating partner" means an individual who:
1330          (i) (A) is an emancipated individual under Section 15-2-1 or Title 78A, Chapter 6, Part
1331     8, Emancipation; or
1332          (B) is 18 years of age or older; and
1333          (ii) is, or has been, in a dating relationship with the other party.
1334          (b) "Dating partner" does not include an intimate partner.
1335          (9) (a) "Dating relationship" means a social relationship of a romantic or intimate
1336     nature, or a relationship which has romance or intimacy as a goal by one or both parties,
1337     regardless of whether the relationship involves sexual intimacy.
1338          (b) "Dating relationship" does not include casual fraternization in a business,
1339     educational, or social context.
1340          (c) In determining, based on a totality of the circumstances, whether a dating
1341     relationship exists:
1342          (i) all relevant factors shall be considered, including:
1343          (A) whether the parties developed interpersonal bonding above a mere casual
1344     fraternization;
1345          (B) the length of the parties' relationship;
1346          (C) the nature and the frequency of the parties' interactions, including communications
1347     indicating that the parties intended to begin a dating relationship;
1348          (D) the ongoing expectations of the parties, individual or jointly, with respect to the
1349     relationship;
1350          (E) whether, by statement or conduct, the parties demonstrated an affirmation of their
1351     relationship to others; and
1352          (F) whether other reasons exist that support or detract from a finding that a dating
1353     relationship exists; and
1354          (ii) it is not necessary that all, or a particular number, of the factors described in
1355     Subsection (9)(c)(i) are found to support the existence of a dating relationship.
1356          [(5)] (10) "Domestic violence" means the same as that term is defined in Section
1357     77-36-1.
1358          [(6)] (11) "Ex parte civil protective order" means an order issued without notice to the

1359     respondent [in accordance with this chapter.] under:
1360          (a) Part 2, Child Protective Orders;
1361          (b) Part 4, Dating Violence Protective Orders;
1362          (c) Part 5, Sexual Violence Protective Orders; or
1363          (d) Part 6, Cohabitant Abuse Protective Orders.
1364          (12) "Ex parte civil stalking injunction" means a stalking injunction issued without
1365     notice to the respondent under Part 8, Civil Stalking Injunctions.
1366          [(7)] (13) "Foreign protection order" means the same as that term is defined in Section
1367     78B-7-302.
1368          (14) "Intimate partner" means the same as that term is defined in 18 U.S.C. Sec. 921.
1369          [(8)] (15) "Law enforcement unit" or "law enforcement agency" means any public
1370     agency having general police power and charged with making arrests in connection with
1371     enforcement of the criminal statutes and ordinances of this state or any political subdivision.
1372          [(9)] (16) "Peace officer" means those [persons] individuals specified in Title 53,
1373     Chapter 13, Peace Officer Classifications.
1374          [(10) "Protective order" means:]
1375          [(a) an order issued pursuant to this chapter subsequent to a hearing on the petition, of
1376     which the petitioner and respondent have been given notice in accordance with this chapter; or]
1377          [(b) an order issued under Subsection 77-36-5.1(6).]
1378          (17) "Qualifying domestic violence offense" means the same as that term is defined in
1379     Section 77-36-1.1.
1380          (18) "Respondent" means the individual against whom enforcement of a protective
1381     order is sought.
1382          (19) "Stalking" means the same as that term is defined in Section 76-5-106.5.
1383          Section 25. Section 78B-7-104 is amended to read:
1384          78B-7-104. Venue of action for ex parte civil protective orders and civil protective
1385     orders.
1386          (1) [The] Except as provided in Part 2, Child Protective Orders, the district court has
1387     jurisdiction of any action for an ex parte civil protective order or civil protective order brought
1388     under this chapter.
1389          (2) An action for an ex parte civil protective order or civil protective order brought

1390     [pursuant to] under this chapter shall be filed in the county where either party resides or in
1391     which the action complained of took place.
1392          Section 26. Section 78B-7-105 is amended to read:
1393          78B-7-105. Forms for petitions, civil protective orders, and civil stalking
1394     injunctions -- Assistance -- Fees.
1395          (1) (a) The offices of the court clerk shall provide forms [and nonlegal assistance to
1396     persons seeking to proceed] to an individual seeking any of the following under this chapter[.]:
1397          (i) an ex parte civil protective order;
1398          (ii) a civil protective order;
1399          (iii) an ex parte stalking injunction; or
1400          (iv) a civil stalking injunction.
1401          (b) The Administrative Office of the Courts shall:
1402          (i) develop and adopt uniform forms for petitions and [orders for protection] the
1403     protective orders and stalking injunctions described in Subsection (1)(a) in accordance with the
1404     provisions of this chapter[. That office shall]; and
1405          (ii) provide the forms to the clerk of each court authorized to issue [protective orders]
1406     the protective orders and stalking injunctions described in Subsection (1)(a). [The]
1407          (2) The forms described in Subsection (1)(b) shall include:
1408          (a) for a petition for an ex parte civil protective order or a civil protective order:
1409          (i) a statement notifying the petitioner for an ex parte civil protective order that
1410     knowing falsification of any statement or information provided for the purpose of obtaining a
1411     civil protective order may subject the petitioner to felony prosecution;
1412          (ii) language indicating the criminal penalty for a violation of an ex parte civil
1413     protective order or a civil protective order under this chapter and language stating a violation of
1414     or failure to comply with a civil provision is subject to contempt proceedings;
1415          (iii) a space for information the petitioner is able to provide to facilitate identification
1416     of the respondent, including the respondent's social security number, driver license number,
1417     date of birth, address, telephone number, and physical description;
1418          (iv) a space for information the petitioner is able to provide related to a proceeding for
1419     a civil protective order or a criminal protective order, civil litigation, a proceeding in juvenile
1420     court, or a criminal case involving either party, including the case name, file number, the

1421     county and state of the proceeding, and the judge's name; and
1422          (v) a space to indicate whether the party to be protected is an intimate partner to the
1423     respondent or a child of an intimate partner to the respondent; and
1424          (b) for a petition under Part 6, Cohabitant Abuse Protective Orders:
1425          [(ii)] (i) a separate portion of the form for those provisions, the violation of which is a
1426     criminal offense, and a separate portion for those provisions, the violation of which is a civil
1427     violation[, as provided in Subsection 78B-7-106(6)];
1428          [(iii) language in the criminal provision portion stating violation of any criminal
1429     provision is a class A misdemeanor, and language in the civil portion stating violation of or
1430     failure to comply with a civil provision is subject to contempt proceedings;]
1431          [(iv) a space for information the petitioner is able to provide to facilitate identification
1432     of the respondent, such as social security number, driver license number, date of birth, address,
1433     telephone number, and physical description;]
1434          [(v) a space for the petitioner to request a specific period of time for the civil
1435     provisions to be in effect, not to exceed 150 days, unless the petitioner provides in writing the
1436     reason for the requested extension of the length of time beyond 150 days;]
1437          [(vi) a statement advising the petitioner that when a minor child is included in an ex
1438     parte protective order or a protective order, as part of either the criminal or the civil portion of
1439     the order, the petitioner may provide a copy of the order to the principal of the school where the
1440     child attends;]
1441          [(vii) a statement advising the petitioner that if the respondent fails to return custody of
1442     a minor child to the petitioner as ordered in a protective order, the petitioner may obtain from
1443     the court a writ of assistance; and]
1444          [(viii) a space for information the petitioner is able to provide related to a proceeding
1445     for an order for protection, civil litigation, a proceeding in juvenile court, and a criminal case
1446     involving either party, including:]
1447          [(A) the case name;]
1448          [(B) the file number;]
1449          [(C) the county and state of the proceeding; and]
1450          [(D) the judge's name.]
1451          (ii) a statement advising the petitioner that when a child is included in an ex parte

1452     protective order or a protective order, as part of either the criminal or the civil portion of the
1453     order, the petitioner may provide a copy of the order to the principal of the school that the child
1454     attends; and
1455          (iii) a statement advising the petitioner that if the respondent fails to return custody of a
1456     minor child to the petitioner as ordered in a protective order, the petitioner may obtain from the
1457     court a writ of assistance.
1458          [(2)] (3) If the [person] individual seeking to proceed as a petitioner under this chapter
1459     is not represented by an attorney, [it is the responsibility of] the court clerk's office [to] shall
1460     provide nonlegal assistance, including:
1461          (a) the forms adopted [pursuant to] under Subsection (1)(b);
1462          (b) all other forms required to petition for [an order for protection including, but not
1463     limited to,] a protective order or stalking injunction described in Subsection (1)(a), including
1464     forms for service;
1465          (c) clerical assistance in filling out the forms and filing the petition, [in accordance
1466     with Subsection (1)(a), except that a] or if the court clerk's office [may designate any other]
1467     designates another entity, agency, or person to provide that service, [but the court clerk's office
1468     is responsible] oversight over the entity, agency, or person to see that the service is provided;
1469          (d) information regarding the means available for the service of process;
1470          (e) a list of legal service organizations that may represent the petitioner in an action
1471     brought under this chapter, together with the telephone numbers of those organizations; and
1472          (f) written information regarding the procedure for transporting a jailed or imprisoned
1473     respondent to the protective order hearing, including an explanation of the use of transportation
1474     order forms when necessary.
1475          [(3)] (4) A court clerk, constable, or law enforcement agency may not impose a charge
1476     for:
1477          (a) filing a petition under this chapter;
1478          (b) obtaining an ex parte civil protective order or ex parte civil stalking injunction;
1479          (c) obtaining copies, either certified or [not certified] uncertified, necessary for service
1480     or delivery to law enforcement officials; or
1481          (d) fees for service of [a petition, ex parte protective order, or protective order.]:
1482          (i) a petition under this chapter;

1483          (ii) an ex parte civil protective order;
1484          (iii) a civil protective order;
1485          (iv) an ex parte civil stalking injunction; or
1486          (v) a civil stalking injunction.
1487          [(4)] (5) A petition for [an order of protection] an ex parte civil protective order and a
1488     civil protective order shall be in writing and verified.
1489          [(5)] (6) (a) [An order for protection] Ŝ→ [
An ex parte civil protective order and a civil
1490     protective order
] The protective orders and stalking injunctions described in Subsection

1490a     (1)(a) ←Ŝ shall be issued in the form adopted by the Administrative Office of the Courts
1491     [pursuant to] under Subsection (1)(b).
1492          (b) [A protective order issued, except orders issued ex parte,] A civil protective order
1493     that is issued shall, if applicable, include the following language:
1494          "Respondent was afforded both notice and opportunity to be heard in the hearing that
1495     gave rise to this order. Pursuant to the Violence Against Women Act of 1994, P.L. 103-322,
1496     108 Stat. 1796, 18 U.S.C. Sec. 2265, this order is valid in all the United States, the District of
1497     Columbia, tribal lands, and United States territories. This order complies with the Uniform
1498     Interstate Enforcement of Domestic Violence Protection Orders Act."
1499          (c) [A protective order issued in accordance with this part, including protective orders
1500     issued ex parte and except for a continuous protective order issued under Subsection
1501     77-36-5.1(6),] An ex parte civil protective order and a civil protective order issued under Part
1502     6, Cohabitant Abuse Protective Orders, shall include the following language:
1503          "NOTICE TO PETITIONER: The court may amend or dismiss a protective order after
1504     one year if it finds that the basis for the issuance of the protective order no longer exists and the
1505     petitioner has repeatedly acted in contravention of the protective order provisions to
1506     intentionally or knowingly induce the respondent to violate the protective order, demonstrating
1507     to the court that the petitioner no longer has a reasonable fear of the respondent."
1508          (d) A child protective order issued under Part 2, Child Protective Orders shall include:
1509          (i) the date the order expires; and
1510          (ii) a statement that the address provided by the petitioner will not be made available to
1511     the respondent;
1512          (7) (a) (i) The court clerk shall provide, without charge, to the petitioner, one certified
1513     copy of a civil stalking injunction issued by the court and one certified copy of the proof of

1514     service of the civil stalking injunction on the respondent.
1515          (ii) A charge may be imposed by the court clerk's office for any copies in addition to
1516     the copy described in Subsection (7)(a)(i), certified or uncertified.
1517          (b) An ex parte civil stalking injunction and civil stalking injunction shall include the
1518     following statement:
1519          "Attention: This is an official court order. If you disobey this order, the court may find
1520     you in contempt. You may also be arrested and prosecuted for the crime of stalking and any
1521     other crime you may have committed in disobeying this order."
1522          Section 27. Section 78B-7-105.5 is enacted to read:
1523          78B-7-105.5. Forms for motions, criminal protective orders, and criminal stalking
1524     injunction.
1525          (1) (a) The offices of the court clerk shall provide forms to an individual seeking any of
1526     the following under this chapter:
1527          (i) a criminal protective order; or
1528          (ii) a criminal stalking injunction.
1529          (b) The Administrative Office of the Courts shall:
1530          (i) develop and adopt uniform forms for motions and protective orders and stalking
1531     injunction described in Subsection (1)(a) in accordance with the provisions of this chapter; and
1532          (ii) provide the forms to the clerk of each court authorized to issue the protective orders
1533     and stalking injunction described in Subsection (1)(a).
1534          (2) The forms described in Subsection (1)(b) shall include:
1535          (a) language indicating the criminal penalty for a violation of a criminal protective
1536     order or criminal stalking injunction under this chapter;
1537          (b) language indicating that a criminal protective order that is a continuous protective
1538     order may be modified or dismissed under this chapter; and
1539          (c) a space to indicate whether the party to be protected is an intimate partner to the
1540     defendant or a child of an intimate partner to the defendant.
1541          (3) A criminal protective order and criminal stalking injunction shall be issued in the
1542     form adopted by the Administrative Office of the Courts under Subsection (1)(b).
1543          (4) Except for a jail release agreement and jail release court order, a criminal protective
1544     order that is issued shall, if applicable, include the following language:

1545          "Respondent was afforded both notice and opportunity to be heard in the hearing that
1546     gave rise to this order. Pursuant to the Violence Against Women Act of 1994, P.L. 103-322,
1547     108 Stat. 1796, 18 U.S.C. Sec. 2265, this order is valid in all the United States, the District of
1548     Columbia, tribal lands, and United States territories. This order complies with the Uniform
1549     Interstate Enforcement of Domestic Violence Protection Orders Act."
1550          Section 28. Section 78B-7-109 is amended to read:
1551          78B-7-109. Continuing duty to inform court of other proceedings -- Effect of
1552     other proceedings.
1553          (1) Each party has a continuing duty to inform the court of each proceeding for [an
1554     order for protection] a civil protective order or a criminal protective order, any civil litigation,
1555     each proceeding in juvenile court, and each criminal case involving either party, including the
1556     case name, the file number, and the county and state of the proceeding, if that information is
1557     known by the party.
1558          (2) (a) [An order for protection issued pursuant to] A civil protective order issued
1559     under this chapter is in addition to and not in lieu of any other available civil or criminal
1560     proceeding.
1561          (b) A petitioner is not barred from seeking a civil protective order because of other
1562     pending proceedings.
1563          (c) A court may not delay granting [relief] a civil protective order under this chapter
1564     because of the existence of a pending civil action between the parties.
1565          (3) A petitioner may omit the petitioner's address from all documents filed with the
1566     court under this chapter, but shall separately provide the court with a mailing address that is not
1567     to be made part of the public record, but that may be provided to a peace officer or entity for
1568     service of process.
1569          Section 29. Section 78B-7-112 is amended to read:
1570          78B-7-112. Division of Child and Family Services -- Development and assistance
1571     of volunteer network.
1572          (1) The Division of Child and Family Services within the Department of Human
1573     Services shall, either directly or by contract:
1574          (a) develop a statewide network of volunteers and community resources to support,
1575     assist, and advocate on behalf of victims of domestic violence;

1576          (b) train volunteers to provide clerical assistance to [persons seeking orders for
1577     protection] individuals seeking a civil protective order under this chapter;
1578          (c) coordinate the provision of volunteer services with Utah Legal Services and the
1579     Legal Aid Society; and
1580          (d) assist local government officials in establishing community based support systems
1581     for victims of domestic violence.
1582          (2) Volunteers shall provide additional nonlegal assistance to victims of domestic
1583     violence, including providing information on the location and availability of shelters and other
1584     community resources.
1585          Section 30. Section 78B-7-113 is amended to read:
1586          78B-7-113. Statewide domestic violence network -- Peace officers' duties --
1587     Prevention of abuse in absence of order -- Limitation of liability.
1588          (1) (a) (i) Law enforcement units, the Department of Public Safety, and the
1589     Administrative Office of the Courts shall utilize statewide procedures to ensure that [peace
1590     officers] a peace officer at the scene of an alleged violation of a civil protective order [or
1591     pretrial criminal no contact order have] or criminal protective order has immediate access to
1592     information necessary to verify the existence and terms of that order, and other orders of the
1593     court required to be made available on the network [by the provisions of] under this chapter,
1594     Title 77, Chapter 36, Cohabitant Abuse Procedures Act, or Section 77-38-3. [Those]
1595          (ii) The peace officers described in Subsection (1)(a)(i) shall use every reasonable
1596     means to enforce the court's order, in accordance with the requirements and procedures of this
1597     chapter, Title 77, Chapter 36, Cohabitant Abuse Procedures Act, and Section 77-38-3.
1598          (b) The Administrative Office of the Courts, in cooperation with the Department of
1599     Public Safety and the Criminal Investigations and Technical Services Division, established in
1600     Section 53-10-103, shall provide for a single, statewide network containing:
1601          (i) all [orders for protection] civil protective orders and criminal protective orders
1602     issued by a court of this state; and
1603          (ii) all other court orders or reports of court action that are required to be available on
1604     the network under this chapter, Title 77, Chapter 36, Cohabitant Abuse Procedures Act, and
1605     Section 77-38-3.
1606          (c) The entities described in Subsection (1)(b) may utilize the same mechanism as the

1607     statewide warrant system, described in Section 53-10-208.
1608          (d) [All] (i) Except as provided in Subsection (1)(d)(ii), the Administrative Office of
1609     the Courts shall make all orders and reports required to be available on the network [shall be]
1610     available within 24 hours after court action.
1611          (ii) If the court that issued [the order] an order that is required to be available under
1612     Subsection (1)(d)(i) is not part of the state court computer system, the [orders and reports shall
1613     be] Administrative Office of the Courts shall make the order and report available on the
1614     network within 72 hours after court action.
1615          (e) The Administrative Office of the Courts and the Department of Public Safety shall
1616     make the information contained in the network [shall be] available to a court, law enforcement
1617     officer, or agency upon request.
1618          (2) When any peace officer has reason to believe a cohabitant or child of a cohabitant
1619     is being abused, or that there is a substantial likelihood of immediate danger of abuse, although
1620     no civil or criminal protective order has been issued, that officer shall use all reasonable means
1621     to prevent the abuse, including:
1622          (a) remaining on the scene as long as it reasonably appears there would otherwise be
1623     danger of abuse;
1624          (b) making arrangements for the victim to obtain emergency medical treatment;
1625          (c) making arrangements for the victim to obtain emergency housing or shelter care;
1626          (d) explaining to the victim [his or her] the victim's rights in these matters;
1627          (e) asking the victim to sign a written statement describing the incident of abuse; or
1628          (f) arresting and taking into physical custody the abuser in accordance with the
1629     provisions of Title 77, Chapter 36, Cohabitant Abuse Procedures Act.
1630          (3) No person or institution may be held criminally or civilly liable for the performance
1631     of, or failure to perform, any duty established by this chapter, so long as that person acted in
1632     good faith and without malice.
1633          Section 31. Section 78B-7-117, which is renumbered from Section 77-36-5.3 is
1634     renumbered and amended to read:
1635          [77-36-5.3].      78B-7-117. Court order for transfer of wireless telephone number.
1636          (1) As used in this section, "wireless service provider" means a provider of commercial
1637     mobile service under Section 332(d) of the Federal Telecommunications Act of 1996.

1638          (2) At or after the time that a court issues a sentencing protective order or continuous
1639     protective order under Section [77-36-5.1 or an order of protection] 78B-7-804 or a cohabitant
1640     abuse protective order under Section [78B-7-106] 78B-7-603, the court may order the transfer
1641     of a wireless telephone number as provided in this section, if:
1642          (a) the perpetrator is the account holder for the wireless telephone number;
1643          (b) the number is assigned to a telephone that is primarily used by the victim or an
1644     individual who will reside with the victim during the time that the protective order or the order
1645     of protection is in effect; and
1646          (c) the victim requests transfer of the wireless telephone number.
1647          (3) An order transferring a wireless telephone number under this section shall:
1648          (a) direct a wireless service provider to transfer the rights to, and the billing
1649     responsibility for, the wireless telephone number to the victim; and
1650          (b) include the wireless telephone number to be transferred, the name of the transferee,
1651     and the name of the account holder.
1652          (4) A wireless service provider shall comply with an order issued under this section,
1653     unless compliance is not reasonably possible due to:
1654          (a) the account holder having already terminated the account;
1655          (b) differences in network technology that prevent the victim's device from functioning
1656     on the network to which the number is to be transferred;
1657          (c) geographic or other service availability constraints; or
1658          (d) other barriers outside the control of the wireless service provider.
1659          (5) A wireless service provider that fails to comply with an order issued under this
1660     section shall, within four business days after the day on which the wireless service provider
1661     receives the order, provide notice to the victim stating:
1662          (a) that the wireless service provider is not able to reasonably comply with the order;
1663     and
1664          (b) the reason that the wireless service provider is not able to reasonably comply with
1665     the order.
1666          (6) The victim has full financial responsibility for each wireless telephone number
1667     transferred to the victim by an order under this section, beginning on the day on which the
1668     wireless telephone number is transferred, including monthly service costs and costs for any

1669     mobile device associated with the wireless telephone number.
1670          (7) This section does not preclude a wireless service provider from applying standard
1671     requirements for account establishment to the victim when transferring financial responsibility
1672     under Subsection (6).
1673          (8) A wireless service provider, and any officer, employee, or agent of the wireless
1674     service provider, is not civilly liable for action taken in compliance with an order issued under
1675     this section.
1676          Section 32. Section 78B-7-118 is enacted to read:
1677          78B-7-118. Construction with Utah Rules of Civil Procedure.
1678          To the extent the provisions of this part are more specific than the Utah Rules of Civil
1679     Procedure regarding a civil protective order the provisions of this chapter govern.
1680          Section 33. Section 78B-7-119 is enacted to read:
1681          78B-7-119. Duties of law enforcement -- Enforcement.
1682          A law enforcement officer shall, without a warrant, arrest an alleged perpetrator
1683     whenever there is probable cause to believe that the alleged perpetrator has violated any of the
1684     provisions of any of the following that has been served on the alleged perpetrator:
1685          (1) an ex parte civil protective order;
1686          (2) a civil protective order;
1687          (3) an ex parte civil stalking injunction;
1688          (4) a civil stalking injunction;
1689          (5) a criminal protective order;
1690          (6) a permanent criminal stalking injunction; or
1691          (7) a foreign protective order enforceable under Part 3, Uniform Interstate Enforcement
1692     of Domestic Violence Protective Orders.
1693          Section 34. Section 78B-7-201 is amended to read:
1694          78B-7-201. Definitions.
1695          As used in this chapter:
1696          (1) "Abuse" means:
1697          (a) physical abuse;
1698          (b) sexual abuse;
1699          (c) any sexual offense described in Title 76, Chapter 5b, Part 2, Sexual Exploitation; or

1700          (d) human trafficking of a child for sexual exploitation under Section 76-5-308.5.
1701          (2) "Child protective order" means an order issued under this part after a hearing on the
1702     petition, of which the petitioner and respondent have been given notice.
1703          [(2)] (3) "Court" means the district court or juvenile court.
1704          (4) "Ex parte child protective order" means an order issued without notice to the
1705     respondent under this part.
1706          (5) "Protective order" means:
1707          (a) a child protective order; or
1708          (b) an ex parte child protective order.
1709          [(3)] (6) All other terms have the same meaning as defined in Section 78A-6-105.
1710          Section 35. Section 78B-7-202 is amended to read:
1711          78B-7-202. Abuse or danger of abuse -- Child protective orders -- Ex parte child
1712     protective orders -- Guardian ad litem -- Referral to division.
1713          (1) (a) Any interested person may file a petition for a protective order:
1714          (i) on behalf of a child who is being abused or is in imminent danger of being abused[.
1715     The petitioner shall first] by any individual; or
1716          (ii) on behalf of a child who has been abused by an individual who is not the child's
1717     parent, stepparent, guardian, or custodian.
1718          (b) Before filing a petition under Subsection (1)(a), the interested person shall make a
1719     referral to the division.
1720          (2) Upon the filing of a petition described in Subsection (1), the clerk of the court shall:
1721          (a) review the records of the juvenile court, the district court, and the management
1722     information system of the division to find any petitions, orders, or investigations related to the
1723     child or the parties to the case;
1724          (b) request the records of any law enforcement agency identified by the petitioner as
1725     having investigated abuse of the child; and
1726          (c) identify and obtain any other background information that may be of assistance to
1727     the court.
1728          [(3) Upon the filing of a petition, the court shall immediately determine, based on the
1729     evidence and information presented, whether the minor is being abused or is in imminent
1730     danger of being abused. If so, the court shall enter an ex parte child protective order.]

1731          (3) If it appears from a petition for a protective order filed under Subsection (1)(a)(i)
1732     that the child is being abused or is in imminent danger of being abused, or it appears from a
1733     petition for a protective order filed under Subsection (1)(a)(ii) that the child has been abused,
1734     the court may:
1735          (a) without notice, immediately issue an ex parte child protective order against the
1736     respondent if necessary to protect the child; or
1737          (b) upon notice to the respondent, issue a child protective order after a hearing in
1738     accordance with Subsection 78B-7-203(5).
1739          (4) The court may appoint an attorney guardian ad litem under Sections 78A-2-703 and
1740     78A-6-902.
1741          (5) This section does not prohibit a protective order from being issued against a
1742     respondent who is a child.
1743          Section 36. Section 78B-7-203 is amended to read:
1744          78B-7-203. Hearings.
1745          (1) If an ex parte child protective order is granted, the court shall schedule a hearing to
1746     be held within 20 days after the day on which the court makes the ex parte determination. If an
1747     ex parte child protective order is denied, the court, upon the request of the petitioner made
1748     within five days after the day on which the court makes the ex parte determination, shall
1749     schedule a hearing to be held within 20 days after the day on which the [ex parte
1750     determination] petitioner makes the request.
1751          (2) The petition, ex parte child protective order, and notice of hearing shall be served
1752     on the respondent, the [minor's] child's parent or guardian, and, if appointed, the guardian ad
1753     litem. The notice shall contain:
1754          (a) the name and address of the [person] individual to whom [it] the notice is directed;
1755          (b) the date, time, and place of the hearing;
1756          (c) the name of the [minor] child on whose behalf a petition is being brought; and
1757          (d) a statement that [a person] an individual is entitled to have an attorney present at
1758     the hearing.
1759          (3) The court shall provide an opportunity for any person having relevant knowledge to
1760     present evidence or information[. The court] and may hear statements by counsel.
1761          (4) An agent of the division served with a subpoena in compliance with the Utah Rules

1762     of Civil Procedure shall testify in accordance with the Utah Rules of Evidence.
1763          (5) [If] The court shall issue a child protective order if the court determines, based on a
1764     preponderance of the evidence, that [the minor is being abused or is in imminent danger of
1765     being abused, the court shall enter a child protective order.]:
1766          (a) for a petition for a child protective order filed under Subsection 78B-7-202(1)(a)(i),
1767     the child is being abused or is in imminent danger of being abused; or
1768          (b) for a petition for a protective order filed under Subsection 78B-7-202(1)(a)(ii), the
1769     child has been abused and the child protective order is necessary to protect the child.
1770          (6) With the exception of the provisions of Section 78A-6-323, a child protective order
1771     [does not constitute] is not an adjudication of abuse, neglect, or dependency under Title 78A,
1772     Chapter 6, Part 3, Abuse, Neglect, and Dependency Proceedings.
1773          Section 37. Section 78B-7-204 is amended to read:
1774          78B-7-204. Content of orders -- Modification of orders -- Penalties.
1775          (1) A child protective order or an ex parte child protective order may contain the
1776     following provisions the violation of which is a class A misdemeanor under Section
1777     [77-36-2.4] 76-5-108:
1778          (a) enjoin the respondent from threatening to commit or committing abuse of the
1779     [minor] child;
1780          (b) prohibit the respondent from harassing, telephoning, contacting, or otherwise
1781     communicating with the [minor] child, directly or indirectly;
1782          (c) prohibit the respondent from entering or remaining upon the residence, school, or
1783     place of employment of the [minor] child and the premises of any of these or any specified
1784     place frequented by the [minor] child;
1785          (d) upon finding that the respondent's use or possession of a weapon may pose a
1786     serious threat of harm to the [minor] child, prohibit the respondent from purchasing, using, or
1787     possessing a firearm or other specified weapon; and
1788          (e) determine ownership and possession of personal property and direct the appropriate
1789     law enforcement officer to attend and supervise the petitioner's or respondent's removal of
1790     personal property.
1791          (2) A child protective order or an ex parte child protective order may contain the
1792     following provisions the violation of which is contempt of court:

1793          (a) determine temporary custody of [a minor] the child who is the subject of the
1794     petition;
1795          (b) determine parent-time with [a minor] the child who is the subject of the petition,
1796     including denial of parent-time if necessary to protect the safety of the [minor] child, and
1797     require supervision of parent-time by a third party;
1798          (c) determine support in accordance with Title 78B, Chapter 12, Utah Child Support
1799     Act; and
1800          (d) order any further relief the court considers necessary to provide for the safety and
1801     welfare of the [minor] child.
1802          [(3) A child protective order and an ex parte child protective order shall include:]
1803          [(a) a statement that violation of a criminal provision is a class A misdemeanor and
1804     violation of a civil provision is contempt of court; and]
1805          [(b) information the petitioner is able to provide to facilitate identification of the
1806     respondent, such as Social Security number, driver license number, date of birth, address,
1807     telephone number, and physical description.]
1808          [(4) A child protective order shall include:]
1809          [(a) the date the order expires;]
1810          [(b) a statement that the address provided by the petitioner will not be made available
1811     to the respondent; and]
1812          [(c) the following statement: "Respondent was afforded notice and opportunity to be
1813     heard in the hearing that gave rise to this order. Pursuant to the Violence Against Women Act
1814     of 1994, P.L. 103-322, 108 Stat. 1796, 18 U.S.C.A. 2265, this order is valid in all the United
1815     States, the District of Columbia, tribal lands, and United States territories. This order complies
1816     with the Uniform Interstate Enforcement of Domestic Violence Protection Orders Act."]
1817          (3) (a) If the child who is the subject of the child protective order attends the same
1818     school or place of worship as the respondent, or is employed at the same place of employment
1819     as the respondent, the court:
1820          (i) may not enter an order under Subsection (1)(c) that excludes the respondent from
1821     the respondent's school, place of worship, or place of employment; and
1822          (ii) may enter an order governing the respondent's conduct at the respondent's school,
1823     place of worship, or place of employment.

1824          (b) A violation of an order under Subsection (3)(a) is contempt of court.
1825          (4) (a) A respondent may petition the court to modify or vacate a child protective order
1826     after notice and a hearing.
1827          (b) At the hearing described in Subsection (4)(a):
1828          (i) the respondent shall have the burden of proving by clear and convincing evidence
1829     that modification or vacation of the child protective order is in the best interest of the child; and
1830          (ii) the court shall consider:
1831          (A) the nature and duration of the abuse;
1832          (B) the pain and trauma inflicted on the child as a result of the abuse;
1833          (C) if the respondent is a parent of the child, any reunification services provided in
1834     accordance with Title 78A, Chapter 6, Part 3, Abuse, Neglect, and Dependency Proceedings;
1835     and
1836          (D) any other evidence the court finds relevant to the determination of the child's best
1837     interests, including recommendations by the other parent or a guardian of the child, or a mental
1838     health professional.
1839          (c) The child is not required to attend the hearing described in Subsection (4)(a).
1840          Section 38. Section 78B-7-205 is amended to read:
1841          78B-7-205. Service -- Income withholding -- Expiration.
1842          (1) If the court enters an ex parte child protective order or a child protective order, the
1843     court shall:
1844          (a) make reasonable efforts to ensure that the order is understood by the petitioner and
1845     the respondent, if present;
1846          (b) as soon as possible transmit the order to the county sheriff for service; and
1847          (c) by the end of the next business day after the order is entered, transmit electronically
1848     a copy of the order to any law enforcement agency designated by the petitioner and to the
1849     statewide domestic violence network described in Section 78B-7-113.
1850          (2) The county sheriff shall serve the order and transmit verification of service to the
1851     statewide domestic violence network described in Section 78B-7-113 in an expeditious
1852     manner. Any law enforcement agency may serve the order and transmit verification of service
1853     to the statewide domestic violence network if the law enforcement agency has contact with the
1854     respondent or if service by that law enforcement agency is in the best interests of the child.

1855          (3) When an order is served on a respondent in a jail, prison, or other holding facility,
1856     the law enforcement agency managing the facility shall notify the petitioner of the respondent's
1857     release. Notice to the petitioner consists of a prompt, good faith effort to provide notice,
1858     including mailing the notice to the petitioner's last-known address.
1859          (4) Child support orders issued as part of a child protective order are subject to
1860     mandatory income withholding under Title 62A, Chapter 11, Part 4, Income Withholding in
1861     IV-D Cases, and Title 62A, Chapter 11, Part 5, Income Withholding in Non IV-D Cases.
1862          [(5) After notice, as provided in Rule 4 of the Utah Rules of Civil Procedure, and
1863     hearing, a court may modify or vacate a child protective order with a showing of substantial
1864     and material change in circumstances.]
1865          [(6) The] (5) (a) A child protective order issued against a respondent who is a parent,
1866     stepparent, guardian, or custodian of the child who is the subject of the order expires 150 days
1867     after the [date of the order] day on which the order is issued unless a different date is set by the
1868     court.
1869          (b) The court may not set a date on which a child protective order described in
1870     Subsection (5)(a) expires that is more than 150 days after the [date of the order] day on which
1871     the order is issued without a finding of good cause.
1872          (c) The court may review and extend the expiration date of a child protective order
1873     described in Subsection (5)(a), but may not extend [it to] the expiration date more than 150
1874     days after the [date of the order] day on which the order is issued without a finding of good
1875     cause.
1876          [(7)] Ĥ→ [
(d) Notwithstanding] ←Ĥ [Subsections (5) and (6), unless the judge orders
1876a     otherwise
1877     all] Ĥ→ [
Subsections (5)(a) through (c), a child protective] ←Ĥ [orders expire] Ĥ→ [order issued
1877a     against a
1878     respondent who is a parent, stepparent, guardian, or custodian of the child who is the subject of
1879     the order expires when the
] ←Ĥ [subject of the order] Ĥ→ [child is 18 years] ←Ĥ [of age, unless the
1879a     judge
1880     vacates the order earlier] Ĥ→ [
old.]
1880a          (d) Notwithstanding Subsections (5)(a) through (c), a child protective order is not
1880b     effective after the day on which the child who is the subject of the order turns 18 years old and
1880c     the court may not extend the expiration date of a child protective order Ŝ→ [
under Subsection
1880d     (5)(b) or (c)
] ←Ŝ
to a date after the day on which the child who is the subject of the order turns
1880e1     18
1880e     years old. ←Ĥ
1881          (6) A child protective order issued against a respondent who is not a parent, stepparent,
1882     guardian, or custodian of the child who is the subject of the order expires Ŝ→ [
when the child is]
1882a     on the day on which the child turns ←Ŝ 18
1883     years old.
1884          ☆Section 39. Section 78B-7-402 is amended to read:
1885     
Part 4. Dating Violence Protective Orders


1886          78B-7-402. Definitions.
1887          As used in this part:
1888          [(1) "Abuse" means intentionally or knowingly:]
1889          [(a) causing or attempting to cause physical harm to a dating partner; or]
1890          [(b) placing a dating partner in reasonable fear of imminent physical harm.]
1891          [(2) (a) "Dating partner" means a person who:]
1892          [(i) (A) is an emancipated person under Section 15-2-1 or Title 78A, Chapter 6, Part 8,
1893     Emancipation; or]
1894          [(B) is 18 years of age or older; and]
1895          [(ii) is, or has been, in a dating relationship with the other party.]
1896          [(b) "Dating partner" does not include an intimate partner, as defined in federal law in
1897     Title 18 U.S.C. Section 921.]
1898          [(3) (a) "Dating relationship" means a social relationship of a romantic or intimate
1899     nature, or a relationship which has romance or intimacy as a goal by one or both parties,
1900     regardless of whether the relationship involves sexual intimacy.]
1901          [(b) "Dating relationship" does not mean casual fraternization in a business,
1902     educational, or social context.]
1903          [(c) In determining, based on a totality of the circumstances, whether a dating
1904     relationship exists:]
1905          [(i) all relevant factors shall be considered, including:]
1906          [(A) whether the parties developed interpersonal bonding above a mere casual
1907     fraternization;]
1908          [(B) the length of the parties' relationship;]
1909          [(C) the nature and the frequency of the parties' interactions, including communications
1910     indicating that the parties intended to begin a dating relationship;]
1911          [(D) the ongoing expectations of the parties, individual or jointly, with respect to the
1912     relationship;]
1913          [(E) whether, by statement or conduct, the parties demonstrated an affirmation of their
1914     relationship to others; and]
1915          [(F) whether other reasons exist that support or detract from a finding that a dating
1916     relationship exists; and]

1917          [(ii) it is not necessary that all, or a particular number, of the factors described in
1918     Subsection (3)(c)(i) are found to support the existence of a dating relationship.]
1919          [(4) "Dating violence" means:]
1920          [(a) any criminal offense involving violence or physical harm, or threat of violence or
1921     physical harm, when committed by a person against a dating partner of the person; or]
1922          [(b) any attempt, conspiracy, or solicitation by a person to commit a criminal offense
1923     involving violence or physical harm against a dating partner of the person.]
1924          [(5)] (1) "Dating violence protective order" means an order issued [pursuant to] under
1925     this part [subsequent to] after a hearing on the petition, [as described in Section 78B-7-403] of
1926     which the petitioner and respondent have been given notice.
1927          [(6)] (2) "Ex parte dating violence protective order" means an order issued without
1928     notice to the respondent[, in accordance with the requirements of] under this part.
1929          [(7)] (3) "Protective order" means:
1930          (a) a dating violence protective order; or
1931          (b) an ex parte dating violence protective order.
1932          Section 40. Section 78B-7-403 is amended to read:
1933          78B-7-403. Abuse or danger of abuse -- Dating violence protective orders.
1934          (1) [A person] An individual may seek a protective order if the [person] individual is
1935     subjected to, or there is a substantial likelihood the [person] individual will be subjected to:
1936          (a) abuse by a dating partner of the [person] individual; or
1937          (b) dating violence by a dating partner of the [person] individual.
1938          (2) [A person] An individual may seek an order described in Subsection (1) whether or
1939     not the [person] individual has taken other action to end the relationship.
1940          (3) [A person] An individual seeking a protective order may include another party in
1941     the petition for a protective order if:
1942          (a) the [person] individual seeking the order meets the requirements of Subsection (1);
1943     and
1944          (b) the other party:
1945          (i) is a family or household member of the [person] individual seeking the protective
1946     order; and
1947          (ii) there is a substantial likelihood the other party will be subjected to abuse by the

1948     dating partner of the [person] individual.
1949          (4) [A person] An individual seeking a protective order under this part shall, to the
1950     extent possible, provide information to facilitate identification of the respondent, including a
1951     name, [Social Security] social security number, driver license number, date of birth, address,
1952     telephone number, and physical description.
1953          (5) A petition seeking a protective order under this part may not be withdrawn without
1954     written order of the court.
1955          (6) (a) [A person] An individual may not seek a protective order against an intimate
1956     partner[, as defined by federal law in Title 18 U.S.C. Section 921,] of the [person] individual
1957     under this part.
1958          (b) [A person] An individual may seek a protective order against a cohabitant[, as
1959     defined by section 78B-7-102, or an intimate partner, as defined by federal law, of the person
1960     under Title 78B, Chapter 7, Part 1, Cohabitant Abuse Act] or an intimate partner of the
1961     individual under Part 6, Cohabitant Abuse Protective Orders.
1962          Section 41. Section 78B-7-404 is amended to read:
1963          78B-7-404. Dating violence protective orders -- Ex parte dating violence
1964     protective orders -- Modification of orders -- Service of process -- Duties of the court.
1965          (1) If it appears from a petition for a protective order or a petition to modify an existing
1966     protective order that a dating partner of the petitioner has abused or committed dating violence
1967     against the petitioner, the [district] court may:
1968          (a) without notice, immediately issue an ex parte dating violence protective order
1969     against the dating partner or modify an existing dating protective order ex parte if necessary to
1970     protect the petitioner and all parties named in the petition; or
1971          (b) upon notice to the respondent, issue a dating violence protective order or modify a
1972     dating violence protective order after a hearing, regardless of whether the respondent appears.
1973          (2) A [district] court may grant the following relief without notice in a dating violence
1974     protective order or a modification issued ex parte:
1975          (a) prohibit the respondent from threatening to commit or committing dating violence
1976     or abuse against the petitioner and any designated family or household member described in the
1977     protective order;
1978          (b) prohibit the respondent from telephoning, contacting, or otherwise communicating

1979     with the petitioner or any designated family or household member, directly or indirectly;
1980          (c) order that the respondent:
1981          (i) is excluded and shall stay away from the petitioner's residence and its premises;
1982          (ii) except as provided in Subsection (4), stay away from the petitioner's:
1983          (A) school and the school's premises; and
1984          (B) place of employment and its premises; and
1985          (iii) stay away from any specified place frequented by the petitioner or any designated
1986     family or household member;
1987          (d) prohibit the respondent from being within a specified distance of the petitioner; and
1988          (e) order any further relief that the court considers necessary to provide for the safety
1989     and welfare of the petitioner and any designated family or household member.
1990          (3) A court may grant the following relief in a dating violence protective order or a
1991     modification of a dating violence protective order, after notice and a hearing, regardless of
1992     whether the respondent appears:
1993          (a) the relief described in Subsection (2); and
1994          (b) except as provided in Subsection (5), upon finding that the respondent's use or
1995     possession of a weapon poses a serious threat of harm to the petitioner or any designated family
1996     or household member, prohibit the respondent from purchasing, using, or possessing a weapon
1997     specified by the court.
1998          (4) If the petitioner or [designated] a family or household member designated in the
1999     protective order attends the same school as the respondent, or is employed at the same place of
2000     employment as the respondent, the district court:
2001          (a) may not enter an order under Subsection (2)(c)(ii) that excludes the respondent
2002     from the respondent's school or place of employment; and
2003          (b) may enter an order governing the respondent's conduct at the respondent's school or
2004     place of employment.
2005          (5) The [district] court may not prohibit the respondent from possessing a firearm:
2006          (a) if the respondent has not been given notice of the petition for a protective order and
2007     an opportunity to be heard; and
2008          (b) unless the petition establishes:
2009          (i) by a preponderance of the evidence that the respondent has committed abuse or

2010     dating violence against the petitioner; and
2011          (ii) by clear and convincing evidence that the respondent's use or possession of a
2012     firearm poses a serious threat of harm to petitioner or the designated family or household
2013     member.
2014          [(6) Any protective order issued under this part shall expire 180 days after the day on
2015     which the order is issued.]
2016          [(7)] (6) After the [district] court issues a dating violence protective order, the [district]
2017     court shall:
2018          (a) as soon as possible, deliver the order to the county sheriff for service of process;
2019          (b) make reasonable efforts at the hearing to ensure that the dating violence protective
2020     order is understood by the petitioner and the respondent, if present;
2021          (c) transmit electronically, by the end of the business day after the day on which the
2022     order is issued, a copy of the dating violence protective order to the local law enforcement
2023     agency designated by the petitioner; and
2024          (d) transmit a copy of the protective order issued under this part in the same manner as
2025     described in Section 78B-7-113.
2026          [(8)] (7) (a) The county sheriff that receives the order from the court, [pursuant to]
2027     under Subsection [(7)] (6)(a), shall:
2028          (i) provide expedited service for protective orders issued in accordance with this part;
2029     and
2030          (ii) after the order has been served, transmit verification of service of process to the
2031     statewide network described in Section [78B-7-110] 78B-7-113.
2032          (b) This section does not prohibit another law enforcement agency from providing
2033     service of process if that law enforcement agency:
2034          (i) has contact with the respondent and service by that law enforcement agency is
2035     possible; or
2036          (ii) determines that, under the circumstances, providing service of process on the
2037     respondent is in the best interests of the petitioner.
2038          [(9)] (8) When a protective order is served on a respondent in jail, or other holding
2039     facility, the law enforcement agency managing the facility shall make a reasonable effort to
2040     provide notice to the petitioner at the time the respondent is released from incarceration.

2041          [(10)] (9) A [district] court may modify or vacate a protective order under this part
2042     after notice and hearing, if the petitioner:
2043          (a) is personally served with notice of the hearing, as provided in the Utah Rules of
2044     Civil Procedure, and appears before the court to give specific consent to the modification or
2045     vacation of the provisions of the protective order; or
2046          (b) submits an affidavit agreeing to the modification or vacation of the provisions of
2047     the protective order.
2048          [(11) To the extent that the provisions of this part are more specific than the Utah
2049     Rules of Civil Procedure regarding protective orders, the provisions of this part govern.]
2050          Section 42. Section 78B-7-405 is amended to read:
2051          78B-7-405. Hearings -- Expiration -- Extension.
2052          (1) (a) [Within 20 days after the day on which the court issues an ex parte protective
2053     order, the district] The court shall set a date for a hearing on the petition to be held within 20
2054     days after the day on which the court issues an ex parte dating violence protective order
.
2055          (b) If, at the hearing described in Subsection (1)(a), the [district] court does not issue a
2056     dating violence protective order, the ex parte dating protective order shall expire, unless [it] the
2057     dating violence protective order is extended by the [district] court. Extensions beyond the
2058     20-day period may not be granted unless:
2059          (i) the petitioner is unable to be present at the hearing;
2060          (ii) the respondent has not been served; or
2061          (iii) exigent circumstances exist.
2062          (c) Under no circumstances may an ex parte dating violence protective order be
2063     extended beyond 180 days from the day on which the court issues the initial ex parte dating
2064     violence protective order.
2065          (d) If, at the hearing described in Subsection (1)(a), the [district] court issues a dating
2066     violence protective order, the ex parte dating violence protective order shall remain in effect
2067     until service of process of the dating violence protective order is completed.
2068          (e) A dating violence protective order issued after notice and a hearing shall remain in
2069     effect [from 180 days] for three years after the day on which the order is issued.
2070          (f) If the hearing on the petition is heard by a commissioner, either the petitioner or
2071     respondent may file an objection within 10 calendar days after the day on which the

2072     recommended order is entered, and the assigned judge shall hold a hearing on the objection
2073     within 20 days after the day on which the objection is filed.
2074          (2) Upon a hearing under this section, the [district] court may grant any of the relief
2075     permitted under Section 78B-7-404, except the [district] court shall not grant the relief
2076     described in Subsection 78B-7-404(3)(b) without providing the respondent notice and an
2077     opportunity to be heard.
2078          (3) If a [district] court denies a petition for an ex parte dating violence protective order
2079     or a petition to modify a dating violence protective order ex parte, the [district] court shall,
2080     upon the petitioner's request made within five days after the day on which the court denies the
2081     petition:
2082          (a) [set the matter for hearing] set a hearing to be held within 20 days after the day on
2083     which the petitioner makes the request; and
2084          (b) notify and serve the respondent.
2085          (4) A dating violence protective order automatically expires as described in Subsection
2086     (1)(e), unless the petitioner files a motion before the day on which the dating violence
2087     protective order expires and demonstrates that:
2088          (a) there is a substantial likelihood the petitioner will be subjected to dating violence;
2089     or
2090          (b) the respondent committed or was convicted of a violation of the dating violence
2091     protective order that the petitioner requests be extended or dating violence after the day on
2092     which the dating violence protective order is issued.
2093          (5) (a) If the court grants the motion under Subsection (4), the court shall set a new
2094     date on which the dating violence protective order expires.
2095          (b) The dating violence protective order shall expire on the date set by the court unless
2096     the petitioner files a motion described in Subsection (4) to extend the dating violence
2097     protective order.
2098          Section 43. Section 78B-7-407 is amended to read:
2099          78B-7-407. Penalties.
2100          [(1) A law enforcement officer shall, without a warrant, arrest a person if the officer
2101     has probable cause to believe that the person has intentionally or knowingly violated a
2102     protective order issued under this part, regardless of whether the violation occurred in the

2103     presence of the officer.]
2104          [(2)] A violation of a protective order issued under this part [constitutes] is a class [B]
2105     A misdemeanor.
2106          Section 44. Section 78B-7-409 is amended to read:
2107          78B-7-409. Mutual dating violence protective orders.
2108          (1) A court may not grant a mutual order or mutual [orders for protection] dating
2109     violence protective orders to opposing parties, unless each party:
2110          (a) files an independent petition against the other for a dating violence protective order,
2111     and both petitions are served;
2112          (b) makes a showing at a due process dating violence protective order hearing of abuse
2113     or dating violence committed by the other party; and
2114          (c) demonstrates the abuse or dating violence did not occur in self-defense.
2115          (2) If the court issues mutual dating violence protective orders, the court shall include
2116     specific findings of all elements of Subsection (1) in the court order justifying the entry of the
2117     court order.
2118          [(3) A court may not grant an order for protection to a civil petitioner who is the
2119     respondent or defendant subject to a protective order, child protective order, or ex parte child
2120     protective order:]
2121          [(a) issued under:]
2122          [(i) this chapter;]
2123          [(ii) Title 77, Chapter 36, Cohabitant Abuse Procedures Act;]
2124          [(iii) Title 78A, Chapter 6, Juvenile Court Act;]
2125          [(iv) Chapter 7, Part 1, Cohabitant Abuse Act; or]
2126          [(v) a foreign protection order enforceable under Chapter 7, Part 3, Uniform Interstate
2127     Enforcement of Domestic Violence Protection Orders Act; and]
2128          [(b) unless the court determines that the requirements of Subsection (1) are met, and:]
2129          [(i) the same court issued the order for protection against the respondent; or]
2130          [(ii) if the matter is before a subsequent court, the subsequent court:]
2131          [(A) determines it would be impractical for the original court to consider the matter;
2132     or]
2133          [(B) confers with the court that issued the order for protection.]

2134          (3) (a) Except as provided in Subsection (3)(b), a court may not grant a protective order
2135     to a civil petitioner who is the respondent or defendant subject to:
2136          (i) a civil protective order that is issued under:
2137          (A) this part;
2138          (B) Part 2, Child Protective Orders;
2139          (C) Part 6, Cohabitant Abuse Protective Orders;
2140          (D) Part 8, Criminal Protective Orders; or
2141          (E) Title 78A, Chapter 6, Juvenile Court Act;
2142          (ii) an ex parte civil protective order issued under Part 2, Child Protective Orders; or
2143          (iii) a foreign protection order enforceable under Part 3, Uniform Interstate
2144     Enforcement of Domestic Violence Protection Orders Act.
2145          (b) The court may issue a protective order to a civil petitioner described in Subsection
2146     (3)(a) if:
2147          (i) the court determines that the requirements of Subsection (1) are met; and
2148          (ii) (A) the same court issued the protective order against the respondent; or
2149          (B) the subsequent court determines it would be impractical for the original court to
2150     consider the matter or confers with the court that issued the protective order described in
2151     Subsection (3)(a)(i) or (ii).
2152          Section 45. Section 78B-7-502 is amended to read:
2153     
Part 5. Sexual Violence Protective Orders

2154          78B-7-502. Definitions.
2155          As used in this part:
2156          [(1) "Cohabitant" means the same as that term is defined in Section 78B-7-102.]
2157          [(2) "Dating partner" means the same as that term is defined in Section 78B-7-402.]
2158          [(3)] (1) "Ex parte sexual violence protective order" means an order issued without
2159     notice to the respondent [in accordance with the requirements of] under this part.
2160          [(4)] (2) "Protective order" means:
2161          (a) a sexual violence protective order; or
2162          (b) an ex parte sexual violence protective order.
2163          [(5)] (3) "Sexual violence" means the commission or the attempt to commit:
2164          (a) any sexual offense described in Title 76, Chapter 5, Part 4, Sexual Offenses, or

2165     Title 76, Chapter 5b, Part 2, Sexual Exploitation;
2166          (b) human trafficking for forced sexual exploitation under Section 76-5-308; or
2167          (c) aggravated human trafficking for forced sexual exploitation under Section
2168     76-5-310.
2169          [(6)] (4) "Sexual violence protective order" means an order issued [after notice and a
2170     hearing in accordance with the requirements of this part] under this part after a hearing on the
2171     petition, of which the petitioner and respondent have been given notice.
2172          Section 46. Section 78B-7-504 is amended to read:
2173          78B-7-504. Sexual violence protective orders -- Ex parte protective orders --
2174     Modification of orders.
2175          (1) If it appears from a petition for a protective order or a petition to modify an existing
2176     protective order that sexual violence has occurred, the district court may:
2177          (a) without notice, immediately issue an ex parte sexual violence protective order
2178     against the respondent or modify an existing sexual violence protective order ex parte, if
2179     necessary to protect the petitioner or any party named in the petition; or
2180          (b) upon notice to the respondent, issue a sexual violence protective order or modify a
2181     sexual violence protective order after a hearing, regardless of whether the respondent appears.
2182          (2) The district court may grant the following relief with or without notice in a
2183     protective order or in a modification to a protective order:
2184          (a) prohibit the respondent from threatening to commit or committing sexual violence
2185     against the petitioner and a family or household member designated in the protective order;
2186          (b) prohibit the respondent from telephoning, contacting, or otherwise communicating
2187     with the petitioner or a family or household member designated in the protective order, directly
2188     or indirectly;
2189          (c) order that the respondent:
2190          (i) is excluded and shall stay away from the petitioner's residence and its premises;
2191          (ii) subject to Subsection (4), stay away from the petitioner's:
2192          (A) school and its premises;
2193          (B) place of employment and its premises; or
2194          (C) place of worship and its premises; or
2195          (iii) stay away from any specified place frequented by the petitioner or a family or

2196     household member designated in the protective order;
2197          (d) prohibit the respondent from being within a specified distance of the petitioner; or
2198          (e) order any further relief that the district court considers necessary to provide for the
2199     safety and welfare of the petitioner and a family or household member designated in the
2200     protective order.
2201          (3) The district court may grant the following relief in a sexual violence protective
2202     order or a modification of a sexual violence protective order, after notice and a hearing,
2203     regardless of whether the respondent appears:
2204          (a) the relief described in Subsection (2); and
2205          (b) subject to Subsection (5), upon finding that the respondent's use or possession of a
2206     weapon poses a serious threat of harm to the petitioner or a family or household member
2207     designated in the protective order, prohibit the respondent from purchasing, using, or
2208     possessing a weapon specified by the district court.
2209          (4) If the petitioner or a family or household member designated in the protective order
2210     attends the same school as the respondent, is employed at the same place of employment as the
2211     respondent, or attends the same place of worship as the respondent, the court may enter an
2212     order:
2213          (a) that excludes the respondent from the respondent's school, place of employment, or
2214     place of worship; or
2215          (b) governing the respondent's conduct at the respondent's school, place of
2216     employment, or place of worship.
2217          (5) The district court may not prohibit the respondent from possessing a firearm:
2218          (a) if the respondent has not been given notice of the petition for a protective order and
2219     an opportunity to be heard; and
2220          (b) unless the petition establishes:
2221          (i) by a preponderance of the evidence that the respondent committed sexual violence
2222     against the petitioner; and
2223          (ii) by clear and convincing evidence that the respondent's use or possession of a
2224     firearm poses a serious threat of harm to the petitioner or a family or household member
2225     designated in the protective order.
2226          (6) After the day on which the district court issues a sexual violence protective order,

2227     the district court shall:
2228          (a) as soon as possible, deliver the order to the county sheriff for service of process;
2229          (b) make reasonable efforts at the hearing to ensure that the petitioner and the
2230     respondent, if present, understand the sexual violence protective order;
2231          (c) transmit electronically, by the end of the business day after the day on which the
2232     court issues the order, a copy of the sexual violence protective order to a local law enforcement
2233     agency designated by the petitioner; and
2234          (d) transmit a copy of the sexual violence protective order in the same manner as
2235     described in Section 78B-7-113.
2236          (7) (a) A respondent may request the court modify or vacate a protective order in
2237     accordance with Subsection (7)(b).
2238          (b) Upon a respondent's request, the district court may modify or vacate a protective
2239     order after notice and a hearing, if the petitioner:
2240          (i) is personally served with notice of the hearing, as provided in the Utah Rules of
2241     Civil Procedure, and appears before the district court to give specific consent to the
2242     modification or vacation of the provisions of the protective order; or
2243          (ii) submits an affidavit agreeing to the modification or vacation of the provisions of
2244     the protective order.
2245          [(8) To the extent that the provisions of this part are more specific than the Utah Rules
2246     of Civil Procedure regarding a protective order, the provisions of this part govern.]
2247          Section 47. Section 78B-7-505 is amended to read:
2248          78B-7-505. Hearings -- Expiration -- Extension.
2249          (1) (a) [Within 20 days after the day on which a district court issues an ex parte sexual
2250     violence protective order, the district] The court shall set a date for a hearing on the petition for
2251     a sexual violence protective order to be held within 20 days after the day on which the court
2252     issues an ex parte protective order.
2253          (b) If, at the hearing described in Subsection (1)(a), the [district] court does not issue a
2254     sexual violence protective order, the ex parte sexual protective order expires, unless extended
2255     by the district court.
2256          (c) The [district] court may extend the 20-day period described in Subsection (1)(a)
2257     only if:

2258          (i) a party is unable to be present at the hearing for good cause, established by the
2259     party's sworn affidavit;
2260          (ii) the respondent has not been served; or
2261          (iii) exigent circumstances exist.
2262          (d) If, at the hearing described in Subsection (1)(a), the [district] court issues a sexual
2263     violence protective order, the ex parte sexual violence protective order remains in effect until
2264     service of process of the sexual violence protective order is completed.
2265          (e) A sexual violence protective order remains in effect for [one year] three years after
2266     the day on which the [district] court issues the order.
2267          (f) If the hearing described in Subsection (1)(a) is held by a commissioner, the
2268     petitioner or respondent may file an objection within 10 calendar days after the day on which
2269     the commissioner enters the recommended order, and the assigned judge shall hold a hearing
2270     on the objection within 20 days after the day on which the objection is filed.
2271          (2) If the [district] court denies a petition for an ex parte sexual violence protective
2272     order or a petition to modify a sexual violence protective order ex parte, the [district] court
2273     shall, upon the petitioner's request made within five days after the day on which the court
2274     denies the petition:
2275          (a) set the matter for hearing to be held within 20 days after the day on which the
2276     petitioner makes the request; and
2277          (b) notify and serve the respondent.
2278          (3) (a) A sexual violence protective order automatically expires under Subsection
2279     (1)(e) unless[:(i)] the petitioner files a motion before the day on which the sexual violence
2280     protective order expires requesting an extension of the sexual violence protective order[;] and
2281     demonstrates that:
2282          (i) there is a substantial likelihood the petitioner will be subjected to sexual violence;
2283     or
2284          (ii) the respondent committed or was convicted of a violation of the sexual violence
2285     protective order that the petitioner requests be extended or a sexual violence offense after the
2286     day on which the sexual violence protective order is issued.
2287          [(ii) after notice and a hearing on the motion, the district court finds that an extension
2288     of the sexual violence protective order is necessary to protect the petitioner or any party named

2289     in the sexual violence protective order.]
2290          (b) (i) If the [district] court denies the motion described in Subsection (3)(a), the sexual
2291     violence protective order expires under Subsection (1)(e).
2292          (ii) If the [district] court grants the motion described in Subsection (3)(a), the [district]
2293     court shall set a new date on which the sexual violence protective order expires.
2294          (iii) A sexual violence protective order that is extended under this Subsection (3), may
2295     not be extended for more than [one year] three years after the day on which the court issues the
2296     order for extension.
2297          [(iv) A sexual violence protective order may not be extended more than once.]
2298          (c) After the day on which the [district] court issues an extension of a sexual violence
2299     protective order, the [district] court shall take the action described in Subsection 78B-7-504(6).
2300          (4) Nothing in this part prohibits a petitioner from seeking another protective order
2301     after the day on which the petitioner's protective order expires.
2302          Section 48. Section 78B-7-508 is amended to read:
2303          78B-7-508. Penalties.
2304          [(1) A law enforcement officer shall, without a warrant, arrest an individual if the
2305     officer has probable cause to believe that the individual has intentionally or knowingly violated
2306     a protective order issued under this part, regardless of whether the violation occurred in the
2307     presence of the officer.]
2308          [(2)] (1) A violation of a protective order issued under this part is a class A
2309     misdemeanor.
2310          [(3)] (2) A petitioner may be subject to criminal prosecution under Title 76, Chapter 8,
2311     Part 5, Falsification in Official Matters, for knowingly falsifying any statement or information
2312     provided for the purpose of obtaining a protective order.
2313          Section 49. Section 78B-7-601 is enacted to read:
2314     
Part 6. Cohabitant Abuse Protective Orders

2315          78B-7-601. Definitions.
2316          As used in this part:
2317          (1) "Cohabitant abuse protective order" means an order issued under this part after a
2318     hearing on the petition, of which the petitioner and respondent have been given notice.
2319          (2) "Ex parte cohabitant abuse protective order" means an order issued without notice

2320     to the respondent under this part.
2321          (3) "Protective order" means:
2322          (a) a cohabitant abuse protective order; or
2323          (b) an ex parte cohabitant abuse protective order.
2324          Section 50. Section 78B-7-602, which is renumbered from Section 78B-7-103 is
2325     renumbered and amended to read:
2326          [78B-7-103].      78B-7-602. Abuse or danger of abuse -- Cohabitant use
2327     protective orders.
2328          (1) Any cohabitant who has been subjected to abuse or domestic violence, or to whom
2329     there is a substantial likelihood of abuse or domestic violence, may seek [an ex parte protective
2330     order or] a protective order in accordance with this [chapter] part, whether or not [that person]
2331     the cohabitant has left the residence or the premises in an effort to avoid further abuse.
2332          (2) A petition for a protective order may be filed under this [chapter] part regardless of
2333     whether an action for divorce between the parties is pending.
2334          (3) A petition seeking a protective order may not be withdrawn without approval of the
2335     court.
2336          Section 51. Section 78B-7-603, which is renumbered from Section 78B-7-106 is
2337     renumbered and amended to read:
2338          [78B-7-106].      78B-7-603. Cohabitant abuse protective orders -- Ex parte
2339     cohabitant use protective orders -- Modification of orders -- Service of process -- Duties
2340     of the court.
2341          (1) If it appears from a petition for [an order for protection] a protective order or a
2342     petition to modify [an order for protection] a protective order that domestic violence or abuse
2343     has occurred, that there is a substantial likelihood domestic violence or abuse will occur, or that
2344     a modification of [an order for protection] a protective order is required, a court may:
2345          (a) without notice, immediately issue [an order for protection] an ex parte cohabitant
2346     abuse protective order or modify [an order for protection] a protective order ex parte as [it] the
2347     court considers necessary to protect the petitioner and all parties named to be protected in the
2348     petition; or
2349          (b) upon notice, issue [an order for protection] a protective order or modify an order
2350     after a hearing, regardless of whether the respondent appears.

2351          (2) A court may grant the following relief without notice in [an order for protection] a
2352     protective order or a modification issued ex parte:
2353          (a) enjoin the respondent from threatening to commit domestic violence or abuse,
2354     committing domestic violence or abuse, or harassing the petitioner or any designated family or
2355     household member;
2356          (b) prohibit the respondent from telephoning, contacting, or otherwise communicating
2357     with the petitioner or any designated family or household member, directly or indirectly, with
2358     the exception of any parent-time provisions in the ex parte order;
2359          (c) subject to Subsection (2)(e), prohibit the respondent from being within a specified
2360     distance of the petitioner;
2361          (d) subject to Subsection (2)(e), order that the respondent is excluded from and is to
2362     stay away from the following places and their premises:
2363          (i) the petitioner's residence or any designated family or household member's residence;
2364          (ii) the petitioner's school or any designated family or household member's school;
2365          (iii) the petitioner's or any designated family or household member's place of
2366     employment;
2367          (iv) the petitioner's place of worship or any designated family or household member's
2368     place of worship; or
2369          (v) any specified place frequented by the petitioner or any designated family or
2370     household member;
2371          (e) if the petitioner or designated family or household member attends the same school
2372     as the respondent, is employed at the same place of employment as the respondent, or attends
2373     the same place of worship, the court:
2374          (i) may not enter an order under Subsection (2)(c) or (d) that excludes the respondent
2375     from the respondent's school, place of employment, or place of worship; and
2376          (ii) may enter an order governing the respondent's conduct at the respondent's school,
2377     place of employment, or place of worship;
2378          (f) upon finding that the respondent's use or possession of a weapon may pose a serious
2379     threat of harm to the petitioner, prohibit the respondent from purchasing, using, or possessing a
2380     firearm or other weapon specified by the court;
2381          (g) order possession and use of an automobile and other essential personal effects, and

2382     direct the appropriate law enforcement officer to accompany the petitioner to the residence of
2383     the parties to ensure that the petitioner is safely restored to possession of the residence,
2384     automobile, and other essential personal effects, or to supervise the petitioner's or respondent's
2385     removal of personal belongings;
2386          (h) order the respondent to maintain an existing wireless telephone contract or account;
2387          (i) grant to the petitioner or someone other than the respondent temporary custody of a
2388     minor child of the parties;
2389          (j) order the appointment of an attorney guardian ad litem under Sections 78A-2-703
2390     and 78A-6-902;
2391          (k) order any further relief that the court considers necessary to provide for the safety
2392     and welfare of the petitioner and any designated family or household member; and
2393          (l) if the petition requests child support or spousal support, at the hearing on the
2394     petition order both parties to provide verification of current income, including year-to-date pay
2395     stubs or employer statements of year-to-date or other period of earnings, as specified by the
2396     court, and complete copies of tax returns from at least the most recent year.
2397          (3) A court may grant the following relief in [an order for protection] a cohabitant
2398     abuse protective order or a modification of an order after notice and hearing, regardless of
2399     whether the respondent appears:
2400          (a) grant the relief described in Subsection (2); and
2401          (b) specify arrangements for parent-time of any minor child by the respondent and
2402     require supervision of that parent-time by a third party or deny parent-time if necessary to
2403     protect the safety of the petitioner or child.
2404          (4) In addition to the relief granted under Subsection (3), the court may order the
2405     transfer of a wireless telephone number in accordance with Section [77-36-5.3] 78B-7-117.
2406          (5) Following the cohabitant abuse protective order hearing, the court shall:
2407          (a) as soon as possible, deliver the order to the county sheriff for service of process;
2408          (b) make reasonable efforts to ensure that the [order for protection] cohabitant abuse
2409     protective order is understood by the petitioner, and the respondent, if present;
2410          (c) transmit electronically, by the end of the next business day after the order is issued,
2411     a copy of the [order for protection] cohabitant abuse protective order to the local law
2412     enforcement agency or agencies designated by the petitioner;

2413          (d) transmit a copy of the order to the statewide domestic violence network described
2414     in Section 78B-7-113; and
2415          (e) if the individual is a respondent or defendant subject to a court order that meets the
2416     qualifications outlined in 18 U.S.C. Sec. 922(g)(8), transmit within 48 hours, excluding
2417     Saturdays, Sundays, and legal holidays, a record of the order to the Bureau of Criminal
2418     Identification that includes:
2419          (i) an agency record identifier;
2420          (ii) the individual's name, sex, race, and date of birth;
2421          (iii) the issue date, conditions, and expiration date for the protective order; and
2422          (iv) if available, the individual's social security number, government issued driver
2423     license or identification number, alien registration number, government passport number, state
2424     identification number, or FBI number.
2425          (6) [(a)] Each protective order shall include two separate portions, one for provisions,
2426     the violation of which are criminal offenses, and one for provisions, the violation of which are
2427     civil violations, as follows:
2428          [(i)] (a) criminal offenses are those under Subsections (2)(a) through (g), and under
2429     Subsection (3)(a) as it refers to Subsections (2)(a) through (g); and
2430          [(ii)] (b) civil offenses are those under Subsections (2)(h), (j), (k), and (l), and
2431     Subsection (3)(a) as it refers to Subsections (2)(h), (j), (k), and (l).
2432          [(b) The criminal provision portion shall include a statement that violation of any
2433     criminal provision is a class A misdemeanor.]
2434          [(c) The civil provision portion shall include a notice that violation of or failure to
2435     comply with a civil provision is subject to contempt proceedings.]
2436          [(7) The protective order shall include:]
2437          [(a) a designation of a specific date, determined by the court, when the civil portion of
2438     the protective order either expires or is scheduled for review by the court, which date may not
2439     exceed 150 days after the date the order is issued, unless the court indicates on the record the
2440     reason for setting a date beyond 150 days;]
2441          [(b) information the petitioner is able to provide to facilitate identification of the
2442     respondent, such as social security number, driver license number, date of birth, address,
2443     telephone number, and physical description; and]

2444          [(c) a statement advising the petitioner that:]
2445          [(i) after two years from the date of issuance of the protective order, a hearing may be
2446     held to dismiss the criminal portion of the protective order;]
2447          [(ii) the petitioner should, within the 30 days prior to the end of the two-year period,
2448     advise the court of the petitioner's current address for notice of any hearing; and]
2449          [(iii) the address provided by the petitioner will not be made available to the
2450     respondent.]
2451          [(8)] (7) Child support and spouse support orders issued as part of a protective order
2452     are subject to mandatory income withholding under Title 62A, Chapter 11, Part 4, Income
2453     Withholding in IV-D Cases, and Title 62A, Chapter 11, Part 5, Income Withholding in Non
2454     IV-D Cases, except when the protective order is issued ex parte.
2455          [(9)] (8) (a) The county sheriff that receives the order from the court, [pursuant to]
2456     under Subsection (6)(a), shall provide expedited service for [orders for protection] protective
2457     orders issued in accordance with this [chapter] part, and shall transmit verification of service of
2458     process, when the order has been served, to the statewide domestic violence network described
2459     in Section 78B-7-113.
2460          (b) This section does not prohibit any law enforcement agency from providing service
2461     of process if that law enforcement agency:
2462          (i) has contact with the respondent and service by that law enforcement agency is
2463     possible; or
2464          (ii) determines that under the circumstances, providing service of process on the
2465     respondent is in the best interests of the petitioner.
2466          [(10)] (9) (a) When an order is served on a respondent in a jail or other holding facility,
2467     the law enforcement agency managing the facility shall make a reasonable effort to provide
2468     notice to the petitioner at the time the respondent is released from incarceration.
2469          (b) Notification of the petitioner shall consist of a good faith reasonable effort to
2470     provide notification, including mailing a copy of the notification to the last-known address of
2471     the victim.
2472          [(11)] (10) A court may modify or vacate [an order of protection] a protective order or
2473     any provisions in the protective order after notice and hearing, except that the criminal
2474     provisions of a cohabitant abuse protective order may not be vacated within two years of

2475     issuance unless the petitioner:
2476          (a) is personally served with notice of the hearing, as provided [in Rules 4 and 5,] in
2477     the Utah Rules of Civil Procedure, and the petitioner personally appears, in person or through
2478     court video conferencing, before the court and gives specific consent to the vacation of the
2479     criminal provisions of the cohabitant abuse protective order; or
2480          (b) submits a verified affidavit, stating agreement to the vacation of the criminal
2481     provisions of the cohabitant abuse protective order.
2482          [(12)] (11) A protective order may be modified without a showing of substantial and
2483     material change in circumstances.
2484          (12) A civil provision of a cohabitant abuse protective order described in Subsection
2485     (6) may be modified in a divorce proceeding that is pending between the parties to the
2486     cohabitant abuse protective order action after 150 days after the day on which the cohabitant
2487     abuse protective order is issued if:
2488          (a) the parties stipulate in writing or on the record to dismiss a civil provision of the
2489     cohabitant abuse protective order; or
2490          (b) the court in the divorce proceeding finds good cause to modify the civil provision.
2491          [(13) Insofar as the provisions of this chapter are more specific than the Utah Rules of
2492     Civil Procedure, regarding protective orders, the provisions of this chapter govern.]
2493          Section 52. Section 78B-7-604, which is renumbered from Section 78B-7-107 is
2494     renumbered and amended to read:
2495          [78B-7-107].      78B-7-604. Hearings.
2496          (1) (a) When a court issues an ex parte cohabitant abuse protective order the court shall
2497     set a date for a hearing on the petition to be held within 20 days after the day on which the ex
2498     parte cohabitant abuse protective order is issued.
2499          (b) If at that hearing the court does not issue a protective order, the ex parte cohabitant
2500     abuse protective order shall expire, unless [it] the cohabitant abuse protective order is
2501     otherwise extended by the court. Extensions beyond the 20-day period may not be granted
2502     unless:
2503          (i) the petitioner is unable to be present at the hearing;
2504          (ii) the respondent has not been served;
2505          (iii) the respondent has had the opportunity to present a defense at the hearing;

2506          (iv) the respondent requests that the ex parte cohabitant abuse protective order be
2507     extended; or
2508          (v) exigent circumstances exist.
2509          (c) Under no circumstances may an ex parte cohabitant abuse protective order be
2510     extended beyond 180 days from the [date of initial issuance] day on which the court issues the
2511     initial ex parte cohabitant abuse protective order.
2512          (d) If at that hearing the court issues a cohabitant abuse protective order, the ex parte
2513     cohabitant abuse protective order remains in effect until service of process of the protective
2514     order is completed.
2515          (e) A cohabitant abuse protective order issued after notice and a hearing is effective
2516     until further order of the court.
2517          (f) If the hearing on the petition is heard by a commissioner, either the petitioner or
2518     respondent may file an objection within 10 days [of the entry of] after the day on which the
2519     recommended order and the assigned judge shall hold a hearing within 20 days [of the filing of]
2520     after the day on which the objection is filed.
2521          (2) Upon a hearing under this section, the court may grant any of the relief described in
2522     Section [78B-7-106] 78B-7-603.
2523          (3) When a court denies a petition for an ex parte cohabitant abuse protective order or a
2524     petition to modify [an order for protection] a protective order ex parte, upon the request of the
2525     petitioner made within five days after the day on which the court denies the petition, the court
2526     shall:
2527          (a) set the matter for hearing to be held within 20 days after the day on which the
2528     petitioner makes the request; and
2529          (b) notify the petitioner and serve the respondent.
2530          (4) A respondent who has been served with an ex parte cohabitant abuse protective
2531     order may seek to vacate the ex parte cohabitant abuse protective order [prior to the hearing
2532     scheduled pursuant to] under Subsection (1)(a) by filing a verified motion to vacate before the
2533     day on which the hearing is set. The respondent's verified motion to vacate and a notice of
2534     hearing on that motion shall be personally served on the petitioner at least two days [prior to]
2535     before the day on which the hearing on the motion to vacate is set.
2536          Section 53. Section 78B-7-605, which is renumbered from Section 78B-7-115 is

2537     renumbered and amended to read:
2538          [78B-7-115].      78B-7-605. Dismissal.
2539          [(1) (a) Except as provided in Subsections (6) and (8), a protective order that has been
2540     in effect for at least two years may be dismissed if the court determines that the petitioner no
2541     longer has a reasonable fear of future harm, abuse, or domestic violence.]
2542          [(b) In determining whether the petitioner no longer has a reasonable fear of future
2543     harm, abuse, or domestic violence, the court shall consider the following factors:]
2544          [(i) whether the respondent is compliant with treatment recommendations related to
2545     domestic violence, entered at the time the protective order was entered;]
2546          [(ii) whether the protective order was violated during the time the protective order was
2547     in force;]
2548          [(iii) claims of harassment, abuse, or violence by either party during the time the
2549     protective order was in force;]
2550          [(iv) counseling or therapy undertaken by either party;]
2551          [(v) impact on the well-being of any minor children of the parties, if relevant; and]
2552          [(vi) any other factors the court considers relevant to the case before the court.]
2553          [(2) Except as provided in Subsections (6) and (8), the]
2554          (1) The court may amend or dismiss a protective order issued in accordance with this
2555     part that has been in effect for at least one year if the court finds that:
2556          (a) the basis for the issuance of the protective order no longer exists;
2557          (b) the petitioner has repeatedly acted in contravention of the protective order
2558     provisions to intentionally or knowingly induce the respondent to violate the protective order;
2559     and
2560          (c) the petitioner's actions demonstrate that the petitioner no longer has a reasonable
2561     fear of the respondent[; and].
2562          [(d) the respondent has not been convicted of a protective order violation or any crime
2563     of violence subsequent to the issuance of the protective order, and there are no unresolved
2564     charges involving violent conduct still on file with the court.]
2565          [(3)] (2) The court shall enter sanctions against either party if the court determines that
2566     either party acted:
2567          (a) in bad faith; or

2568          (b) with intent to harass or intimidate the other party.
2569          [(4) Notice of a motion to dismiss a protective order shall be made by personal service
2570     on the petitioner in a protective order action as provided in Rules 4 and 5, Utah Rules of Civil
2571     Procedure.]
2572          [(5)] (3) Except as provided in Subsection [(8)] (5), if a divorce proceeding is pending
2573     between parties to a protective order action, the protective order shall be dismissed when the
2574     court issues a decree of divorce for the parties if:
2575          (a) the respondent files a motion to dismiss a protective order in both the divorce
2576     action and the protective order action and personally serves the petitioner; and
2577          (b) (i) the parties stipulate in writing or on the record to dismiss the protective order; or
2578          (ii) based on evidence at the divorce trial, the court determines that the petitioner no
2579     longer has a reasonable fear of future harm, abuse, or domestic violence [after considering the
2580     factors listed in Subsection (1)].
2581          [(6) (a) Notwithstanding Subsection (1) or (2) and subject to Subsection (8), a
2582     protective order that is entered under this chapter concerning a petitioner and a respondent who
2583     are divorced shall automatically expire, subject to Subsection (6)(b), 10 years after the day on
2584     which the protective order is entered.]
2585          [(b) The protective order shall automatically expire, as described in Subsection (6)(a),
2586     unless the petitioner files a motion before expiration of the protective order and demonstrates
2587     that:]
2588          [(i) the petitioner has a reasonable fear of future harm, abuse, or domestic violence, as
2589     described in Subsection (1); or]
2590          [(ii) the respondent committed or was convicted of a protective order violation or a
2591     qualifying domestic violence offense, as defined in Section 77-36-1.1, subsequent to the
2592     issuance of the protective order.]
2593          [(c) (i) If the court grants the motion under Subsection (6)(b), the court shall set a new
2594     date on which the protective order expires.]
2595          [(ii) The protective order will expire on the date set by the court unless the petitioner
2596     files a motion described in Subsection (6)(b) to extend the protective order.]
2597          [(7)] (4) When the court dismisses a protective order, the court shall immediately:
2598          (a) issue an order of dismissal to be filed in the protective order action; and

2599          (b) transmit a copy of the order of dismissal to the statewide domestic violence
2600     network as described in Section 78B-7-113.
2601          [(8) Notwithstanding the other provisions of this section, a continuous protective order
2602     may not be modified or dismissed except as provided in Subsection 77-36-5.1(6).]
2603          Section 54. Section 78B-7-606, which is renumbered from Section 78B-7-115.5 is
2604     renumbered and amended to read:
2605          [78B-7-115.5].      78B-7-606. Expiration -- Extension.
2606          (1) Subject to the other provisions of this section, [a civil] a cohabitant abuse
2607     protective order [issued under this part] automatically [expires 10] expires three years after the
2608     day on which the cohabitant abuse protective order is entered.
2609          (2) [The] A cohabitant abuse protective order automatically expires as described in
2610     Subsection (1), unless the petitioner files a motion before the day on which the cohabitant
2611     abuse protective order expires and demonstrates that:
2612          (a) the petitioner has a current reasonable fear of future harm, abuse, or domestic
2613     violence[, as described in Subsection 78B-7-115(1)]; or
2614          (b) the respondent committed or was convicted of a cohabitant abuse protective order
2615     violation or a qualifying domestic violence offense, as defined in Section 77-36-1.1,
2616     subsequent to the issuance of the cohabitant abuse protective order.
2617          (3) (a) If the court grants the motion under Subsection (2), the court shall set a new
2618     date on which the cohabitant abuse protective order expires.
2619          (b) The cohabitant abuse protective order will expire on the date set by the court unless
2620     the petitioner files a motion described in Subsection (2) to extend the cohabitant abuse
2621     protective order.
2622          Section 55. Section 78B-7-607 is enacted to read:
2623          78B-7-607. Penalties.
2624          Ŝ→ (1) ←Ŝ A violation of a Ŝ→ criminal provision of a ←Ŝ protective order issued under
2624a     this part is a class A misdemeanor.
2624b     Ŝ→      (2) A violation of a civil provision of a protective order issued under this part is
2624c     contempt of court. ←Ŝ
2625          Section 56. Section 78B-7-608, which is renumbered from Section 78B-7-110 is
2626     renumbered and amended to read:
2627          [78B-7-110].      78B-7-608. No denial of relief solely because of lapse of time.
2628          The court may not deny a petitioner relief requested [pursuant to] under this [chapter]
2629     part solely because of a lapse of time between an act of domestic violence or abuse and the
2630     filing of the petition for [an order of protection] a protective order.
2631          Section 57. Section 78B-7-609, which is renumbered from Section 78B-7-111 is
2632     renumbered and amended to read:
2633          [78B-7-111].      78B-7-609. Prohibition of court-ordered or court-referred
2634     mediation.
2635          In any case brought under the provisions of this [chapter] part, the court may not order
2636     the parties into mediation for resolution of the issues in a petition for [an order for protection] a
2637     protective order.
2638          Section 58. Section 78B-7-701, which is renumbered from Section 77-3a-101 is
2639     renumbered and amended to read:
2640     
Part 7. Civil Stalking Injunctions

2641          [77-3a-101].      78B-7-701. Ex parte civil stalking injunction -- Civil stalking
2642     injunction.
2643          [(1) As used in this chapter, "stalking" means the crime of stalking as defined in
2644     Section 76-5-106.5. Stalking injunctions may not be obtained against law enforcement
2645     officers, governmental investigators, or licensed private investigators, acting in their official
2646     capacity.]
2647          [(2) Any person] (1) (a) Except as provided in Subsection (1)(b), an individual who
2648     believes that [he or she] the individual is the victim of stalking may file a verified written
2649     petition for a civil stalking injunction against the alleged stalker with the district court in the
2650     district in which the [petitioner] individual or respondent resides or in which any of the events
2651     occurred. A minor with [his or her] the minor's parent or guardian may file a petition on [his or
2652     her] the minor's own behalf, or a parent, guardian, or custodian may file a petition on the
2653     minor's behalf.
2654          (b) A stalking injunction may not be obtained against a law enforcement officer,
2655     governmental investigator, or licensed private investigator, who is acting in official capacity.
2656          [(3) The Administrative Office of the Courts shall develop and adopt uniform forms
2657     for petitions, ex parte civil stalking injunctions, civil stalking injunctions, service and any other
2658     necessary forms in accordance with the provisions of this chapter on or before July 1, 2001.
2659     The office shall provide the forms to the clerk of each district court.]
2660          [(a) All petitions, injunctions, ex parte injunctions, and any other necessary forms shall

2661     be issued in the form adopted by the Administrative Office of the Courts.]
2662          [(b) The offices of the court clerk shall provide the forms to persons seeking to proceed
2663     under this chapter.]
2664          [(4)] (2) The petition for a civil stalking injunction shall include:
2665          (a) the name of the petitioner[;], however, the petitioner's address shall be disclosed to
2666     the court for purposes of service, but, on request of the petitioner, the address may not be listed
2667     on the petition, and shall be protected and maintained in a separate document or automated
2668     database, not subject to release, disclosure, or any form of public access except as ordered by
2669     the court for good cause shown;
2670          (b) the name and address, if known, of the respondent;
2671          (c) specific events and dates of the actions constituting the alleged stalking;
2672          (d) if there is a prior court order concerning the same conduct, the name of the court in
2673     which the order was rendered; and
2674          (e) corroborating evidence of stalking, which may be in the form of a police report,
2675     affidavit, record, statement, item, letter, or any other evidence which tends to prove the
2676     allegation of stalking.
2677          [(5)] (3) (a) If the court determines that there is reason to believe that an offense of
2678     stalking has occurred, an ex parte civil stalking injunction may be issued by the court that
2679     includes any of the following:
2680          (i) respondent may be enjoined from committing stalking;
2681          (ii) respondent may be restrained from coming near the residence, place of
2682     employment, or school of the other party or specifically designated locations or persons;
2683          (iii) respondent may be restrained from contacting, directly or indirectly, the other
2684     party, including personal, written or telephone contact with the other party, the other party's
2685     employers, employees, fellow workers or others with whom communication would be likely to
2686     cause annoyance or alarm to the other party; or
2687          (iv) any other relief necessary or convenient for the protection of the petitioner and
2688     other specifically designated [persons] individuals under the circumstances.
2689          (b) If the petitioner and respondent have minor children, the court shall follow the
2690     provisions of Section [78B-7-106] 78B-7-603 and take into consideration the respondent's
2691     custody and parent-time rights while ensuring the safety of the victim and the minor children.

2692     If the court issues a civil stalking injunction, but declines to address custody and parent-time
2693     issues, a copy of the stalking injunction shall be filed in any action in which custody and
2694     parent-time issues are being considered.
2695          [(6)] (4) Within 10 days [of service of] after the day on which the the ex parte civil
2696     stalking injunction is served, the respondent is entitled to request, in writing, an evidentiary
2697     hearing on the civil stalking injunction.
2698          (a) A hearing requested by the respondent shall be held within 10 days [from the date
2699     the] after the day on which the request is filed with the court unless the court finds compelling
2700     reasons to continue the hearing. The hearing shall then be held at the earliest possible time.
2701     The burden is on the petitioner to show by a preponderance of the evidence that stalking of the
2702     petitioner by the respondent has occurred.
2703          (b) An ex parte civil stalking injunction issued under this section shall state on [its] the
2704     civil stalking injunction's face:
2705          (i) that the respondent is entitled to a hearing, upon written request within 10 days [of
2706     the service of] after the day on which the order is served;
2707          (ii) the name and address of the [district] court where the request may be filed;
2708          (iii) that if the respondent fails to request a hearing within 10 days [of service,] after
2709     the day on which the ex parte civil stalking injunction is served, the ex parte civil stalking
2710     injunction is automatically modified to a civil stalking injunction without further notice to the
2711     respondent and [that] the civil stalking injunction expires three years after [service of] the day
2712     on which the ex parte civil stalking injunction is served; and
2713          (iv) that if the respondent requests, in writing, a hearing after the ten-day period after
2714     service, the court shall set a hearing within a reasonable time from the date requested.
2715          [(7)] (5) At the hearing, the court may modify, revoke, or continue the injunction. The
2716     burden is on the petitioner to show by a preponderance of the evidence that stalking of the
2717     petitioner by the respondent has occurred.
2718          [(8) The ex parte civil stalking injunction and civil stalking injunction shall include the
2719     following statement: "Attention. This is an official court order. If you disobey this order, the
2720     court may find you in contempt. You may also be arrested and prosecuted for the crime of
2721     stalking and any other crime you may have committed in disobeying this order."]
2722          [(9)] (6) The ex parte civil stalking injunction shall be served on the respondent within

2723     90 days [from the date it] after the day on which the ex parte civil stalking injunction is signed.
2724     An ex parte civil stalking injunction is effective upon service. If no hearing is requested in
2725     writing by the respondent within 10 days [of service of] after the day on which the ex parte
2726     civil stalking injunction is served, the ex parte civil stalking injunction automatically becomes
2727     a civil stalking injunction without further notice to the respondent and expires three years [from
2728     the date of service of] after the day on which the ex parte civil stalking injunction is served.
2729          [(10)] (7) If the respondent requests a hearing after the [ten-day] 10-day period after
2730     service, the court shall set a hearing within a reasonable time from the date requested. At the
2731     hearing, the burden is on the respondent to show good cause why the civil stalking injunction
2732     should be dissolved or modified.
2733          [(11)] (8) Within 24 hours after the affidavit or acceptance of service has been
2734     returned, excluding weekends and holidays, the clerk of the court from which the ex parte civil
2735     stalking injunction was issued shall enter a copy of the ex parte civil stalking injunction and
2736     proof of service or acceptance of service in the statewide network for warrants or a similar
2737     system.
2738          (a) The effectiveness of an ex parte civil stalking injunction or civil stalking injunction
2739     [shall] may not depend upon [its] entry of the ex parte civil stalking injunction or civil stalking
2740     injunction in the statewide system and, for enforcement purposes, a certified copy of an ex
2741     parte civil stalking injunction or civil stalking injunction is presumed to be a valid existing
2742     order of the court for a period of three years [from the date of service of] after the day on which
2743     the ex parte civil stalking injunction is served on the respondent.
2744          (b) Any changes or modifications of the ex parte civil stalking injunction are effective
2745     upon service on the respondent. The original ex parte civil stalking injunction continues in
2746     effect until service of the changed or modified civil stalking injunction on the respondent.
2747          [(12)] (9) Within 24 hours after the affidavit or acceptance of service [has been] is
2748     returned, excluding weekends and holidays, the clerk of the court shall enter a copy of the
2749     changed or modified civil stalking injunction and proof of service or acceptance of service in
2750     the statewide network for warrants or a similar system.
2751          [(13)] (10) The ex parte civil stalking injunction or civil stalking injunction may be
2752     dissolved at any time upon application of the petitioner to the court [which] that granted [it] the
2753     ex parte civil stalking injunction or civil stalking injunction.

2754          [(14) The court clerk shall provide, without charge, to the petitioner one certified copy
2755     of the injunction issued by the court and one certified copy of the proof of service of the
2756     injunction on the respondent. Charges may be imposed by the clerk's office for any additional
2757     copies, certified or not certified in accordance with Rule 4-202.08 of the Code of Judicial
2758     Administration.]
2759          (11) An ex parte civil stalking injunction and a civil stalking injunction shall be served
2760     by a sheriff or constable in accordance with this section.
2761          [(15)] (12) The remedies provided in this chapter for enforcement of the orders of the
2762     court are in addition to any other civil and criminal remedies available. The [district] court
2763     shall hear and decide all matters arising [pursuant to] under this section.
2764          [(16)] (13) After a hearing with notice to the affected party, the court may enter an
2765     order requiring any party to pay the costs of the action, including reasonable attorney fees.
2766          [(17)] (14) This [chapter does not apply to protective orders or ex parte protective
2767     orders issued pursuant to Title 78B, Chapter 7, Part 1, Cohabitant Abuse Act, or to] section
2768     does not apply to preliminary injunctions issued [pursuant to] under an action for dissolution of
2769     marriage or legal separation.
2770          Section 59. Section 78B-7-702, which is renumbered from Section 77-3a-101.1 is
2771     renumbered and amended to read:
2772          [77-3a-101.1].      78B-7-702. Mutual civil stalking injunctions.
2773          (1) A court may not grant a mutual order or mutual civil stalking injunction to
2774     opposing parties, unless each party:
2775          (a) files an independent petition against the other for a civil stalking injunction, and
2776     both petitions are served;
2777          (b) makes a showing at an evidentiary hearing on the civil stalking injunction that
2778     stalking has occurred by the other party; and
2779          (c) demonstrates the alleged act did not occur in self-defense.
2780          (2) If the court issues mutual civil stalking injunctions, the court shall include specific
2781     findings of all elements of Subsection (1) in the court order justifying the entry of the court
2782     orders.
2783          [(3) A court may not grant a civil stalking injunction to a civil petitioner who is the
2784     respondent or defendant subject to a civil stalking injunction, protective order, child protective

2785     order, or ex parte child protective order:]
2786          [(a) issued under:]
2787          [(i) Chapter 3a, Stalking Injunctions;]
2788          [(ii) a foreign protection order enforceable under Title 78B, Chapter 7, Part 3, Uniform
2789     Interstate Enforcement of Domestic Violence Protection Orders Act;]
2790          [(iii) Chapter 36, Cohabitant Abuse Procedures Act;]
2791          [(iv) Title 78A, Chapter 6, Juvenile Court Act; or]
2792          [(v) Title 78B, Chapter 7, Part 1, Cohabitant Abuse Act; and]
2793          [(b) unless the court determines that the requirements of Subsection (1) are met, and:]
2794          [(i) the same court issued the order for protection against the respondent; or]
2795          [(ii) if the matter is before a subsequent court, the subsequent court:]
2796          [(A) determines it would be impractical for the original court to consider the matter;
2797     or]
2798          [(B) confers with the court that issued the order for protection.]
2799          (3) (a) Except as provided in Subsection (3)(b), a court may not grant a protective order
2800     to a civil petitioner who is the respondent or defendant subject to:
2801          (i) a civil stalking injunction;
2802          (ii) a civil protective order that is issued under:
2803          (A) this part;
2804          (B) Part 2, Child Protective Orders;
2805          (C) Part 6, Cohabitant Abuse Protective Orders;
2806          (D) Part 8, Criminal Protective Orders; or
2807          (E) Title 78A, Chapter 6, Juvenile Court Act;
2808          (iii) an ex parte civil protective order issued under Part 2, Child Protective Orders; or
2809          (iv) a foreign protection order enforceable under Part 3, Uniform Interstate
2810     Enforcement of Domestic Violence Protection Orders Act.
2811          (b) The court may issue a protective order to a civil petitioner described in Subsection
2812     (3)(a) if:
2813          (i) the court determines that the requirements of Subsection (1) are met; and
2814          (ii) (A) the same court issued the protective order against the respondent; or
2815          (B) the subsequent court determines it would be impractical for the original court to

2816     consider the matter or confers with the court that issued the protective order described in
2817     Subsection (3)(a)(ii) or (iii).
2818          Section 60. Section 78B-7-703, which is renumbered from Section 77-3a-103 is
2819     renumbered and amended to read:
2820          [77-3a-103].      78B-7-703. Violation.
2821          [(1) A peace or law enforcement officer shall, without a warrant, arrest a person if the
2822     peace or law enforcement officer has probable cause to believe that the person has violated an
2823     ex parte civil stalking injunction or civil stalking injunction issued pursuant to this chapter or
2824     has violated a permanent criminal stalking injunction issued pursuant to Section 76-5-106.5,
2825     whether or not the violation occurred in the presence of the officer.]
2826          [(2)] (1) A violation of an ex parte civil stalking injunction or of a civil stalking
2827     injunction issued [pursuant to this chapter] under this part constitutes the criminal offense of
2828     stalking [as defined in] under Section 76-5-106.5 and is also a violation of the civil stalking
2829     injunction. [Violations]
2830          (2) A violation of an ex parte civil stalking injunction or of a civil stalking injunction
2831     issued under this part may be enforced by a civil action initiated by the petitioner, a criminal
2832     action initiated by a prosecuting attorney, or both.
2833          Section 61. Section 78B-7-801 is enacted to read:
2834     
Part 8. Criminal Protective Orders

2835          78B-7-801. Definitions.
2836          As used in this part:
2837          (1) "Jail release agreement" means a written agreement that is entered into by an
2838     arrested individual, regardless of whether the individual is booked into jail:
2839          (a) under which the arrested individual agrees to not engage in any of the following:
2840          (i) have personal contact with the alleged victim;
2841          (ii) threaten or harass the alleged victim; or
2842          (iii) knowingly enter on the premises of the alleged victim's residence or on premises
2843     temporarily occupied by the alleged victim; and
2844          (b) that specifies other conditions of release from jail or arrest.
2845          (2) "Jail release court order" means a written court order that:
2846          (a) orders an arrested individual not to engage in any of the following:

2847          (i) have personal contact with the alleged victim;
2848          (ii) threaten or harass the alleged victim; or
2849          (iii) knowingly enter on the premises of the alleged victim's residence or on premises
2850     temporarily occupied by the alleged victim; and
2851          (b) specifies other conditions of release from jail.
2852          (3) "Minor" means an unemancipated individual who is younger than 18 years of age.
2853          (4) "Offense against a child or vulnerable adult" means the commission or attempted
2854     commission of an offense described in Section 76-5-109, 76-5-109.1, 76-5-110, or 76-5-111.
2855          (5) "Qualifying offense" means:
2856          (a) domestic violence;
2857          (b) an offense against a child or vulnerable adult; or
2858          (c) the commission or attempted commission of an offense described in Title 76,
2859     Chapter 5, Part 4, Sexual Offenses.
2860          Section 62. Section 78B-7-802, which is renumbered from Section 77-20-3.5 is
2861     renumbered and amended to read:
2862          [77-20-3.5].      78B-7-802. Conditions for release after arrest for domestic violence
2863     and other offenses -- Jail release agreements -- Jail release court orders.
2864          [(1) As used in this section:]
2865          [(a) "Domestic violence" means the same as that term is defined in Section 77-36-1.]
2866          [(b) "Jail release agreement" means a written agreement that is entered into by an
2867     arrested individual:]
2868          [(i) under which the arrested individual agrees to not engage in any of the following:]
2869          [(A) have personal contact with the alleged victim;]
2870          [(B) threaten or harass the alleged victim; or]
2871          [(C) knowingly enter on the premises of the alleged victim's residence or on premises
2872     temporarily occupied by the alleged victim; and]
2873          [(ii) that specifies other conditions of release from jail.]
2874          [(c) "Jail release court order" means a written court order that:]
2875          [(i) orders an arrested individual not to engage in any of the following:]
2876          [(A) have personal contact with the alleged victim;]
2877          [(B) threaten or harass the alleged victim; or]

2878          [(C) knowingly enter on the premises of the alleged victim's residence or on premises
2879     temporarily occupied by the alleged victim; and]
2880          [(ii) specifies other conditions of release from jail.]
2881          [(d) "Minor" means an unemancipated individual who is younger than 18 years of age.]
2882          [(e) "Offense against a child or vulnerable adult" means the commission or attempted
2883     commission of an offense described in Section 76-5-109, 76-5-109.1, 76-5-110, or 76-5-111.]
2884          [(f) "Qualifying offense" means:]
2885          [(i) domestic violence;]
2886          [(ii) an offense against a child or vulnerable adult; or]
2887          [(iii) the commission or attempted commission of an offense described in Title 76,
2888     Chapter 5, Part 4, Sexual Offenses.]
2889          [(2) (a)] (1) Upon arrest for a qualifying offense and before the individual is released
2890     on bail, recognizance, or otherwise, the individual may not personally contact the alleged
2891     victim.
2892          [(b) An individual who violates Subsection (2)(a) is guilty of a class B misdemeanor.]
2893          [(3)] (2) (a) After an individual is arrested for a qualifying offense, the individual may
2894     not be released before:
2895          (i) the matter is submitted to a magistrate in accordance with Section 77-7-23; or
2896          (ii) the individual signs a jail release agreement.
2897          (b) The arresting officer shall ensure that the information presented to the magistrate
2898     includes whether the alleged victim has made a waiver described in Subsection [(6)] (5)(a).
2899          (c) (i) If the magistrate determines there is probable cause to support the charge or
2900     charges of one or more qualifying offenses , the magistrate shall determine whether the arrested
2901     individual may be held without bail, in accordance with Section 77-20-1.
2902          (ii) If the magistrate determines that the arrested individual has the right to be admitted
2903     to bail, the magistrate shall determine:
2904          (A) whether any release conditions, including electronic monitoring, are necessary to
2905     protect the alleged victim; and
2906          (B) any bail that is required to guarantee the arrested [person's] individual's subsequent
2907     appearance in court.
2908          (d) The magistrate may not release an individual arrested for a qualifying offense

2909     unless the magistrate issues a jail release court order or the arrested individual signs a jail
2910     release agreement.
2911          [(4)] (3) (a) If an individual charged with a qualifying offense fails to either schedule
2912     an initial appearance or to appear at the time scheduled by the magistrate within 96 hours after
2913     the time of arrest, the individual shall comply with the release conditions of a jail release
2914     agreement or jail release court order until the individual makes an initial appearance.
2915          (b) If the prosecutor has not filed charges against an individual who was arrested for a
2916     qualifying offense and who appears in court at the time scheduled by the magistrate under
2917     Subsection [(3)] (2), or by the court under Subsection [(4)] (3)(b)(ii), the court:
2918          (i) may, upon the motion of the prosecutor and after allowing the individual an
2919     opportunity to be heard on the motion, extend the release conditions described in the jail
2920     release court order or the jail release agreement by no more than three court days; and
2921          (ii) if the court grants the motion described in Subsection [(4)] (3)(b)(i), shall order the
2922     arrested individual to appear at a time scheduled before the end of the granted extension.
2923          (c) (i) If the prosecutor determines that there is insufficient evidence to file charges
2924     before an initial appearance scheduled under Subsection [(4)] (3)(a), the prosecutor shall
2925     transmit a notice of declination to either the magistrate who signed the jail release court order
2926     or, if the releasing agency obtains a jail release agreement from the released arrestee, to the
2927     statewide domestic violence network described in Section 78B-7-113.
2928          (ii) A prosecutor's notice of declination transmitted under this Subsection [(4)] (3)(c) is
2929     considered a motion to dismiss a jail release court order and a notice of expiration of a jail
2930     release agreement.
2931          [(5)] (4) Except as provided in Subsection [(4)] (3) or otherwise ordered by a court, a
2932     jail release agreement or jail release court order expires at midnight after the earlier of:
2933          (a) the arrested individual's initial scheduled court appearance described in Subsection
2934     [(4)] (3)(a);
2935          (b) the day on which the prosecutor transmits the notice of the declination under
2936     Subsection [(4)] (3)(c); or
2937          (c) 30 days after the day on which the arrested individual is arrested.
2938          [(6)] (5) (a) (i) After an arrest for a qualifying offense , an alleged victim who is not a
2939     minor may waive in writing the release conditions prohibiting:

2940          (A) personal contact with the alleged victim; or
2941          (B) knowingly entering on the premises of the alleged victim's residence or on
2942     premises temporarily occupied by the alleged victim.
2943          (ii) Upon waiver, the release conditions described in Subsection [(6)] (5)(a)(i) do not
2944     apply to the arrested individual.
2945          (b) A court or magistrate may modify a jail release agreement or a jail release court
2946     order in writing or on the record, and only for good cause shown.
2947          [(7)] (6) (a) When an arrested individual is released in accordance with Subsection
2948     [(3)] (2), the releasing agency shall:
2949          (i) notify the arresting law enforcement agency of the release, conditions of release, and
2950     any available information concerning the location of the alleged victim;
2951          (ii) make a reasonable effort to notify the alleged victim of the release; and
2952          (iii) before releasing the arrested individual, give the arrested individual a copy of the
2953     jail release agreement or the jail release court order.
2954          (b) (i) When an individual arrested for domestic violence is released [pursuant to]
2955     under this section based on a jail release agreement, the releasing agency shall transmit that
2956     information to the statewide domestic violence network described in Section 78B-7-113.
2957          (ii) When an individual arrested for domestic violence is released [pursuant to] under
2958     this section based upon a jail release court order or if a jail release agreement is modified
2959     [pursuant to] under Subsection [(6)] (5)(b), the court shall transmit that order to the statewide
2960     domestic violence network described in Section 78B-7-113.
2961          (c) This Subsection [(7)] (6) does not create or increase liability of a law enforcement
2962     officer or agency, and the good faith immunity provided by Section 77-36-8 is applicable.
2963          [(8) (a) If a law enforcement officer has probable cause to believe that an individual
2964     has violated a jail release agreement or jail release court order, the officer shall, without a
2965     warrant, arrest the individual.]
2966          [(b) An individual who knowingly violates a jail release court order or jail release
2967     agreement executed pursuant to Subsection (3) is guilty as follows:]
2968          [(i) if the original arrest was for a felony, an offense under this section is a third degree
2969     felony; or]
2970          [(ii) if the original arrest was for a misdemeanor, an offense under this section is a class

2971     A misdemeanor.]
2972          [(c) A city attorney may prosecute class A misdemeanor violations under this section.]
2973          [(9)] (7) An individual who is arrested for a qualifying offense that is a felony and
2974     released in accordance with this section may subsequently be held without bail if there is
2975     substantial evidence to support a new felony charge against the individual.
2976          [(10)] (8) At the time an arrest is made for a qualifying offense , the arresting officer
2977     shall provide the alleged victim with written notice containing:
2978          (a) the release conditions described in this section, and notice that the alleged
2979     perpetrator will not be released, before appearing before the court with jurisdiction over the
2980     offense for which the alleged perpetrator was arrested, unless:
2981          (i) the alleged perpetrator enters into a jail release agreement to comply with the release
2982     conditions; or
2983          (ii) the magistrate issues a jail release order that specifies the release conditions;
2984          (b) notification of the penalties for violation of any jail release agreement or jail release
2985     court order;
2986          (c) the address of the appropriate court in the district or county in which the alleged
2987     victim resides;
2988          (d) the availability and effect of any waiver of the release conditions; and
2989          (e) information regarding the availability of and procedures for obtaining civil and
2990     criminal protective orders with or without the assistance of an attorney.
2991          [(11)] (9) At the time an arrest is made for a qualifying offense , the arresting officer
2992     shall provide the alleged perpetrator with written notice containing:
2993          (a) notification that the alleged perpetrator may not contact the alleged victim before
2994     being released;
2995          (b) the release conditions described in this section and notice that the alleged
2996     perpetrator will not be released, before appearing before the court with jurisdiction over the
2997     offense for which the alleged perpetrator was arrested, unless:
2998          (i) the alleged perpetrator enters into a jail release agreement to comply with the release
2999     conditions; or
3000          (ii) the magistrate issues a jail release court order;
3001          (c) notification of the penalties for violation of any jail release agreement or jail release

3002     court order; and
3003          (d) notification that the alleged perpetrator is to personally appear in court on the next
3004     day the court is open for business after the day of the arrest.
3005          [(12)] (10) (a) A pretrial or sentencing protective order [supercedes] issued under this
3006     part supersedes a jail release agreement or jail release court order.
3007          (b) If a court dismisses the charges for the qualifying offense that gave rise to a jail
3008     release agreement or jail release court order, the court shall dismiss the jail release agreement
3009     or jail release court order.
3010          [(13)] (11) This section does not apply if the individual arrested for the qualifying
3011     offense is a minor, unless the qualifying offense is domestic violence.
3012          Section 63. Section 78B-7-803 is enacted to read:
3013          78B-7-803. Pretrial protective orders.
3014          (1) (a) When a defendant is charged with a crime involving a qualifying offense, the
3015     court shall, at the time of the defendant's court appearance under Section 77-36-2.6:
3016          (i) determine the necessity of imposing a pretrial protective order or other condition of
3017     pretrial release; and
3018          (ii) state the court's findings and determination in writing.
3019          (b) In any criminal case, the court may, during any court hearing where the defendant is
3020     present, issue a pretrial protective order, pending trial.
3021          (2) A court may include any of the following provisions in a pretrial protective order:
3022          (a) an order enjoining the defendant from threatening to commit or committing acts of
3023     domestic violence or abuse against the victim and any designated family or household member;
3024          (b) an order prohibiting the defendant from harassing, telephoning, contacting, or
3025     otherwise communicating with the victim, directly or indirectly;
3026          (c) an order removing and excluding the defendant from the victim's residence and the
3027     premises of the residence;
3028          (d) an order requiring the defendant to stay away from the victim's residence, school, or
3029     place of employment, and the premises of any of these, or any specified place frequented by the
3030     victim and any designated family member;
3031          (e) an order for any other relief that the court considers necessary to protect and
3032     provide for the safety of the victim and any designated family or household member;

3033          (f) an order identifying and requiring an individual designated by the victim to
3034     communicate between the defendant and the victim if and to the extent necessary for family
3035     related matters;
3036          (g) an order requiring the defendant to participate in an electronic or other type of
3037     monitoring program; and
3038          (h) if the alleged victim and the defendant share custody of one or more minor
3039     children, an order for indirect or limited contact to temporarily facilitate parent visitation with a
3040     minor child.
3041          (3) When issuing a pretrial protective order, the court shall determine whether to allow
3042     provisions for transfer of personal property to decrease the need for contact between the parties.
3043          Section 64. Section 78B-7-804 is enacted to read:
3044          78B-7-804. Sentencing and continuous protective orders for a domestic violence
3045     offense -- Modification.
3046          (1) Before a perpetrator who has been convicted of a domestic violence offense may be
3047     placed on probation, the court shall consider the safety and protection of the victim and any
3048     member of the victim's family or household.
3049          (2) The court may condition probation or a plea in abeyance on the perpetrator's
3050     compliance with a sentencing protective order that includes:
3051          (a) an order enjoining the perpetrator from threatening to commit or committing acts of
3052     domestic violence against the victim or other family or household member;
3053          (b) an order prohibiting the perpetrator from harassing, telephoning, contacting, or
3054     otherwise communicating with the victim, directly or indirectly;
3055          (c) an order requiring the perpetrator to stay away from the victim's residence, school,
3056     place of employment, and the premises of any of these, or a specified place frequented
3057     regularly by the victim or any designated family or household member;
3058          (d) an order prohibiting the perpetrator from purchasing, using, or possessing a firearm
3059     or other specified weapon;
3060          (e) an order directing the perpetrator to surrender any weapons the perpetrator owns or
3061     possesses; and
3062          (f) an order imposing any other condition necessary to protect the victim and any other
3063     designated family or household member or to rehabilitate the perpetrator.

3064          (3) (a) Because of the serious, unique, and highly traumatic nature of domestic violence
3065     crimes, the high recidivism rate of violent offenders, and the demonstrated increased risk of
3066     continued acts of violence subsequent to the release of a perpetrator who is convicted of
3067     domestic violence, it is the finding of the Legislature that domestic violence crimes warrant the
3068     issuance of continuous protective orders under this Subsection (3) because of the need to
3069     provide ongoing protection for the victim and to be consistent with the purposes of protecting
3070     victims' rights under Title 77, Chapter 37, Victims' Rights, and Title 77, Chapter 38, Rights of
3071     Crime Victims Act, and Article I, Section 28 of the Utah Constitution.
3072          (b) If a perpetrator is convicted of a domestic violence offense resulting in a sentence
3073     of imprisonment, including jail, that is to be served after conviction, the court shall issue a
3074     continuous protective order at the time of the conviction or sentencing limiting the contact
3075     between the perpetrator and the victim unless the court determines by clear and convincing
3076     evidence that the victim does not a have a reasonable fear of future harm or abuse.
3077          (c) (i) The court shall notify the perpetrator of the right to request a hearing.
3078          (ii) If the perpetrator requests a hearing under this Subsection (3)(c), the court shall
3079     hold the hearing at the time determined by the court. The continuous protective order shall be
3080     in effect while the hearing is being scheduled and while the hearing is pending.
3081          (d) A continuous protective order is permanent in accordance with this Subsection (3)
3082     and may include:
3083          (i) an order enjoining the perpetrator from threatening to commit or committing acts of
3084     domestic violence against the victim or other family or household member;
3085          (ii) an order prohibiting the perpetrator from harassing, telephoning, contacting, or
3086     otherwise communicating with the victim, directly or indirectly;
3087          (iii) an order prohibiting the perpetrator from going to the victim's residence, school,
3088     place of employment, and the premises of any of these, or a specified place frequented
3089     regularly by the victim or any designated family or other household member;
3090          (iv) an order directing the perpetrator to pay restitution to the victim as may apply, and
3091     shall be enforced in accordance with Title 77, Chapter 38a, Crime Victims Restitution Act; and
3092          (v) any other order the court considers necessary to fully protect the victim and
3093     members of the victim's family or other household member.
3094          (4) A continuous protective order may be modified or dismissed only if the court

3095     determines by clear and convincing evidence that all requirements of Subsection (3) have been
3096     met and the victim does not have a reasonable fear of future harm or abuse.
3097          (5) In addition to the process of issuing a continuous protective order described in
3098     Subsection (3), a district court may issue a continuous protective order at any time if the victim
3099     files a petition with the court, and after notice and hearing the court finds that a continuous
3100     protective order is necessary to protect the victim.
3101          Section 65. Section 78B-7-805 is enacted to read:
3102          78B-7-805. Sentencing protective orders and continuous protective orders for an
3103     offense that is not domestic violence -- Modification.
3104          (1) Before a perpetrator has been convicted of an offense that is not domestic violence
3105     is placed on probation, the court may consider the safety and protection of the victim and any
3106     member of the victim's family or household.
3107          (2) The court may condition probation or a plea in abeyance on the perpetrator's
3108     compliance with a sentencing protective order that includes:
3109          (a) an order enjoining the perpetrator from threatening to commit or committing acts of
3110     domestic violence against the victim or other family or household member;
3111          (b) an order prohibiting the perpetrator from harassing, telephoning, contacting, or
3112     otherwise communicating with the victim, directly or indirectly;
3113          (c) an order requiring the perpetrator to stay away from the victim's residence, school,
3114     place of employment, and the premises of any of these, or a specified place frequented
3115     regularly by the victim or any designated family or household member;
3116          (d) an order prohibiting the perpetrator from purchasing, using, or possessing a firearm
3117     or other specified weapon;
3118          (e) an order directing the perpetrator to surrender any weapons the perpetrator owns or
3119     possesses; and
3120          (f) an order imposing any other condition necessary to protect the victim and any other
3121     designated family or household member or to rehabilitate the perpetrator.
3122          (3) (a) If a perpetrator is convicted of an offense that is not domestic violence resulting
3123     in a sentence of imprisonment that is to be served after conviction, the court may issue a
3124     continuous protective order at the time of the conviction or sentencing limiting the contact
3125     between the perpetrator and the victim if the court determines by clear and convincing evidence

3126     that the victim has a reasonable fear of future harm or abuse.
3127          (b) (i) The court shall notify the perpetrator of the right to request a hearing.
3128          (ii) If the perpetrator requests a hearing under this Subsection (3), the court shall hold
3129     the hearing at the time determined by the court and the continuous protective order shall be in
3130     effect while the hearing is being scheduled and while the hearing is pending.
3131          (c) A continuous protective order is permanent in accordance with this Subsection
3132     (3)(c) and may include any order described in Subsection 78B-7-804(3)(c).
3133          (4) A continuous protective order issued under this section may be modified or
3134     dismissed only in accordance with Subsection 78B-7-804(4).
3135          (5) In addition to the process of issuing a continuous protective order described in
3136     Subsection (3)(a), a district court may issue a continuous protective order at any time in
3137     accordance with Subsection 78B-7-804(5).
3138          Section 66. Section 78B-7-806 is enacted to read:
3139          78B-7-806. Penalties.
3140          (1) (a) A violation of Subsection 78B-7-802(1) is a class B misdemeanor.
3141          (b) An individual who knowingly violates a jail release court order or jail release
3142     agreement executed under Subsection 78B-7-802(2) is guilty of:
3143          (i) a third degree felony, if the original arrest was for a felony; or
3144          (ii) a class A misdemeanor, if the original arrest was for a misdemeanor.
3145          (2) A violation of pretrial protective order issued under this part is:
3146          (a) a third degree felony, if the original arrest or subsequent charge filed is a felony; or
3147          (b) a class A misdemeanor, if the original arrest or subsequent charge filed is a
3148     misdemeanor.
3149          (3) A violation of a sentencing protective order and of a continuous protective order
3150     issued under this part is:
3151          (a) a third degree felony, if the conviction was a felony; or
3152          (b) a class A misdemeanor, if the conviction was a misdemeanor.
3153          Section 67. Section 78B-7-807 is enacted to read:
3154          78B-7-807. Notice to victims.
3155          (1) (a) The court shall provide the victim with a certified copy of any pretrial protective
3156     order that has been issued if the victim can be located with reasonable effort.

3157          (b) If the court is unable to locate the victim, the court shall provide the victim's
3158     certified copy to the prosecutor.
3159          (c) A sentencing protective order or continuous protective order issued under this part
3160     shall be in writing, and the prosecutor shall provide a certified copy of that order to the victim.
3161          (2) (a) Adult Probation and Parole, or another provider, shall immediately report to the
3162     court and notify the victim of any violation of any sentencing protective order issued under this
3163     part.
3164          (b) Notification of the victim under Subsection (2)(a) shall consist of a good faith
3165     reasonable effort to provide prompt notification, including mailing a copy of the notification to
3166     the last-known address of the victim.
3167          (3) (a) Before release of an individual who is subject to a continuous protective order
3168     issued under this part, the victim shall receive notice of the imminent release by the law
3169     enforcement agency that is releasing the individual who is subject to the continuous protective
3170     order:
3171          (i) if the victim has provided the law enforcement agency contact information; and
3172          (ii) in accordance with Section 64-13-14.7, if applicable.
3173          (b) Before release, the law enforcement agency shall notify in writing the individual
3174     being released that a violation of the continuous protective order issued at the time of
3175     conviction or sentencing continues to apply, and that a violation of the continuous protective
3176     order is punishable as described in Section 78B-7-806.
3177          (4) The court shall transmit a dismissal, termination, and expiration of a pretrial
3178     protective order, sentencing protective order, or a continuous protective order to the statewide
3179     domestic violence network described in Section 78B-7-113.
3180          Section 68. Section 78B-7-901 is enacted to read:
3181     
Part 9. Criminal Stalking Injunctions

3182          78B-7-901. Definitions.
3183          As used in this part:
3184          (1) "Conviction" means:
3185          (a) a verdict or conviction;
3186          (b) a plea of guilty or guilty and mentally ill;
3187          (c) a plea of no contest; or

3188          (d) the acceptance by the court of a plea in abeyance.
3189          (2) "Immediate family" means the same as that term is defined in Section 76-5-106.5.
3190          Section 69. Section 78B-7-902 is enacted to read:
3191          78B-7-902. Permanent criminal stalking injunction -- Modification.
3192          (1) (a) The following serve as an application for a permanent criminal stalking
3193     injunction limiting the contact between the defendant and the victim:
3194          (i) a conviction for:
3195          (A) stalking; or
3196          (B) attempt to commit stalking; or
3197          (ii) a plea to any of the offenses described in Subsection (1)(a)(i) accepted by the court
3198     and held in abeyance for a period of time.
3199          (b) (i) The district court shall issue a permanent criminal stalking injunction at the time
3200     of conviction.
3201          (ii) The court shall give the defendant notice of the right to request a hearing.
3202          (c) If the defendant requests a hearing under Subsection (1)(b), the court shall hold the
3203     hearing at the time of the conviction unless the victim requests otherwise, or for good cause.
3204          (d) If the conviction was entered in a justice court, the victim shall file a certified copy
3205     of the judgment and conviction or a certified copy of the court's order holding the plea in
3206     abeyance with the court as an application and request for a hearing for a permanent criminal
3207     stalking injunction.
3208          (2) The court shall issue a permanent criminal stalking injunction granting the
3209     following relief where appropriate:
3210          (a) an order:
3211          (i) restraining the defendant from entering the residence, property, school, or place of
3212     employment of the victim; and
3213          (ii) requiring the defendant to stay away from the victim, except as provided in
3214     Subsection (4), and to stay away from any specified place that is named in the order and is
3215     frequented regularly by the victim;
3216          (b) an order restraining the defendant from making contact with or regarding the
3217     victim, including an order forbidding the defendant from personally or through an agent
3218     initiating any communication, except as provided in Subsection (3), likely to cause annoyance

3219     or alarm to the victim, including personal, written, or telephone contact with or regarding the
3220     victim, with the victim's employers, employees, coworkers, friends, associates, or others with
3221     whom communication would be likely to cause annoyance or alarm to the victim; and
3222          (c) any other orders the court considers necessary to protect the victim and members of
3223     the victim's immediate family or household.
3224          (3) (a) If the victim and defendant have minor children together, the court may consider
3225     provisions regarding the defendant's exercise of custody and parent-time rights while ensuring
3226     the safety of the victim and any minor children.
3227          (b) If the court issues a permanent criminal stalking injunction, but declines to address
3228     custody and parent-time issues, a copy of the permanent criminal stalking injunction shall be
3229     filed in any action in which custody and parent-time issues are being considered and the court
3230     may modify the injunction to balance the parties' custody and parent-time rights.
3231          (4) Except as provided in Subsection (3), a permanent criminal stalking injunction may
3232     be modified, dissolved, or dismissed only upon application of the victim to the court which
3233     granted the injunction.
3234          Section 70. Section 78B-7-903 is enacted to read:
3235          78B-7-903. Penalties.
3236          (1) A violation of a permanent criminal stalking injunction issued under this part is a
3237     third degree felony in accordance with Subsection 76-5-106.5(7).
3238          (2) A violation of a permanent criminal stalking injunction issued under this part may
3239     be enforced in a civil action initiated by the stalking victim, a criminal action initiated by a
3240     prosecuting attorney, or both.
3241          Section 71. Section 78B-7-904 is enacted to read:
3242          78B-7-904. Notice to victims.
3243          (1) The court shall send notice of permanent criminal stalking injunctions issued under
3244     this part to the statewide warrants network or similar system, including the statewide domestic
3245     violence network described in Section 78B-7-113.
3246          (2) A permanent criminal stalking injunction issued under this part has effect
3247     statewide.
3248          Section 72. Section 78B-19-107 is amended to read:
3249          78B-19-107. Emergency orders.

3250          During a collaborative law process, a court may issue emergency orders, including
3251     protective orders in accordance with Title 78B, Chapter 7, Part [1, Cohabitant Abuse Act] 6,
3252     Cohabitant Abuse Protective Orders, or Part 2, Child Protective Orders, to protect the health,
3253     safety, welfare, or interest of a party or member of a party's household.
3254          Section 73. Repealer.
3255          This bill repeals:
3256          Section 77-3a-102, Fees -- Service of process.
3257          Section 78B-7-114, Authority to prosecute class A misdemeanor violations.
3258          Section 78B-7-401, Title.
3259          Section 78B-7-406, Fees -- Service of process.
3260          Section 78B-7-501, Title.
3261          Section 78B-7-507, Fees -- Forms.
3262          Section 74. Effective date.
3263          This bill takes effect on July 1, 2020.
3264          Section 75. Coordinating H.B. 403 with H.B. 206 -- Changing terminology.
3265          If this H.B. 403 and H.B. 206, Bail and Pretrial Release Amendments, both pass and
3266     become law, it is the intent of the Legislature that the Office of Legislative Research and
3267     General Counsel, in preparing the Utah Code database for publication, change the terminology
3268     in Subsection 77-20-1(4)(d)(ii) of H.B. 403 from "bail" to "pretrial release".