H.B. 269

1

CONDITIONS FOR RELEASE AFTER NOTICE
2 REGARDING ARREST FOR DOMESTIC
3 VIOLENCE
4 2003 GENERAL SESSION
5 STATE OF UTAH
6 Sponsor: Peggy Wallace
7 This act modifies the Utah Code of Criminal Procedure by creating a section dealing
8 specifically with notification requirements for an alleged perpetrator of domestic
9 violence. This act makes technical changes.
10 This act affects sections of Utah Code Annotated 1953 as follows:
11 AMENDS:
12 77-36-2.5, as renumbered and amended by Chapter 300, Laws of Utah 1995
13 Be it enacted by the Legislature of the state of Utah:
14 Section 1. Section 77-36-2.5 is amended to read:
15 77-36-2.5. Conditions for release after arrest for domestic violence.
16 (1) Upon arrest for domestic violence, a person may not be released on bail,
17 recognizance, or otherwise prior to the close of the next court day following the arrest, unless
18 as a condition of that release he is ordered by the court or agrees in writing that until the
19 expiration of that time he will:
20 (a) have no personal contact with the alleged victim;
21 (b) not threaten or harass the alleged victim; and
22 (c) not knowingly enter onto the premises of the alleged victim's residence or any
23 premises temporarily occupied by the alleged victim.
24 (2) As a condition of release, the court may order the defendant to participate in an
25 electronic monitoring program described in Section 30-6-4.8 , and pay the costs associated with
26 the program.
27 (3) (a) Subsequent to an arrest for domestic violence, an alleged victim may waive in

28 writing any or all of the requirements described in Subsection (1). Upon waiver, those
29 requirements shall not apply to the alleged perpetrator.
30 (b) A court or magistrate may modify the requirements described in Subsections (1)(a)
31 or (c), in writing or on the record, and only for good cause shown.
32 (4) (a) Whenever a person is released pursuant to Subsection (1), the releasing agency
33 shall notify the arresting law enforcement agency of the release, conditions of release, and any
34 available information concerning the location of the victim. The arresting law enforcement
35 agency shall then make reasonable effort to notify the victim of that release.
36 (b) (i) When a person is released pursuant to Subsection (1) based on a written
37 agreement, the releasing agency shall transmit that information to the statewide domestic
38 violence network described in Section 30-6-8 .
39 (ii) When a person is released pursuant to Subsection (1) based upon a court order, the
40 court shall transmit that order to the statewide domestic violence network described in Section
41 30-6-8 .
42 (c) This Subsection (4) does not create or increase liability of a law enforcement officer
43 or agency, and the good faith immunity provided by Section 77-36-8 is applicable.
44 (5) (a) If a law enforcement officer has probable cause to believe that a person has
45 violated a court order or agreement executed pursuant to Subsection (1) the officer shall,
46 without a warrant, arrest the alleged violator.
47 (b) Any person who knowingly violates a court order or agreement executed pursuant
48 to Subsection (1) shall be guilty as follows:
49 (i) if the original arrest was for a felony, an offense under this section is a third degree
50 felony; and
51 (ii) if the original arrest was for a misdemeanor, an offense under this section is a class
52 A misdemeanor.
53 (c) City attorneys may prosecute class A misdemeanor violations under this section.
54 (6) An individual who was originally arrested for a felony under this chapter and
55 released pursuant to this section, may subsequently be held without bail if there is substantial
56 evidence to support a new felony charge against him.
57 (7) At the time an arrest for domestic violence is made, the arresting officer shall
58 provide [both] the alleged victim [and the alleged perpetrator] with written notice containing

59 the following information:
60 (a) the requirements described in Subsection (1), and notice that those requirements
61 shall be ordered by a court or must be agreed to by the alleged perpetrator prior to release;
62 (b) notification of the penalties for violation of the court order or any agreement
63 executed under Subsection (1);
64 (c) the date and time, absent modification by a court or magistrate, that the
65 requirements expire;
66 (d) the address of the appropriate court in the district or county in which the alleged
67 victim resides;
68 (e) the availability and effect of any waiver of the requirements; and
69 (f) information regarding the availability of and procedures for obtaining civil and
70 criminal protective orders with or without the assistance of an attorney.
71 (8) At the time an arrest for domestic violence is made, the arresting officer shall
72 provide the alleged perpetrator with written notice containing the following information:
73 (a) the requirements described in Subsection (1), and notice that those requirements
74 shall be ordered by a court or must be agreed to by the alleged perpetrator prior to release;
75 (b) notification of the penalties for violation of the court order or any agreement
76 executed under Subsection (1); and
77 (c) the date and time, absent modification by a court or magistrate, that the
78 requirements expire.
79 [(8)] (9) In addition to the provisions of Subsections (1) through (6), because of the
80 unique and highly emotional nature of domestic violence crimes, the high recidivism rate of
81 violent offenders, and the demonstrated increased risk of continued acts of violence subsequent
82 to the release of an offender who has been arrested for domestic violence, it is the finding of
83 the Legislature that domestic violence crimes, as defined in Section 77-36-1 , are crimes for
84 which bail may be denied if there is substantial evidence to support the charge, and if the court
85 finds by clear and convincing evidence that the alleged perpetrator would constitute a
86 substantial danger to an alleged victim of domestic violence if released on bail. If bail is
87 denied under this subsection, it shall be under the terms and conditions described in
88 Subsections (1) through (6).

Legislative Review Note
as of 2-6-03 1:13 PM

A limited legal review of this legislation raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel