H.B. 183 Enrolled

CONDITIONS FOR RELEASE AFTER NOTICE
REGARDING ARREST FOR DOMESTIC
VIOLENCE
2004 GENERAL SESSION
STATE OF UTAH
Sponsor: Peggy Wallace

LONG TITLE
General Description:
This bill modifies the Utah Code of Criminal Procedure regarding arrest for domestic
violence.
Highlighted Provisions:
This bill:
. creates a section dealing specifically with notification requirements for an alleged
perpetrator of domestic violence; and
. makes technical changes.
Monies Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
77-36-2.5, as last amended by Chapter 68, Laws of Utah 2003

Be it enacted by the Legislature of the state of Utah:
Section 1. Section 77-36-2.5 is amended to read:
77-36-2.5. Conditions for release after arrest for domestic violence.
(1) Upon arrest for domestic violence, a person may not be released on bail,
recognizance, or otherwise prior to the close of the next court day following the arrest, unless

as a condition of that release he is ordered by the court or agrees in writing that until the
expiration of that time he will:
(a) have no personal contact with the alleged victim;
(b) not threaten or harass the alleged victim; and
(c) not knowingly enter onto the premises of the alleged victim's residence or any
premises temporarily occupied by the alleged victim.
(2) As a condition of release, the court may order the defendant to participate in an
electronic monitoring program and pay the costs associated with the program.
(3) (a) Subsequent to an arrest for domestic violence, an alleged victim may waive in
writing any or all of the requirements described in Subsection (1). Upon waiver, those
requirements shall not apply to the alleged perpetrator.
(b) A court or magistrate may modify the requirements described in Subsections (1)(a) or
(c), in writing or on the record, and only for good cause shown.
(4) (a) Whenever a person is released pursuant to Subsection (1), the releasing agency
shall notify the arresting law enforcement agency of the release, conditions of release, and any
available information concerning the location of the victim. The arresting law enforcement agency
shall then make reasonable effort to notify the victim of that release.
(b) (i) When a person is released pursuant to Subsection (1) based on a written
agreement, the releasing agency shall transmit that information to the statewide domestic violence
network described in Section 30-6-8 .
(ii) When a person is released pursuant to Subsection (1) based upon a court order, the
court shall transmit that order to the statewide domestic violence network described in Section
30-6-8 .
(c) This Subsection (4) does not create or increase liability of a law enforcement officer
or agency, and the good faith immunity provided by Section 77-36-8 is applicable.
(5) (a) If a law enforcement officer has probable cause to believe that a person has
violated a court order or agreement executed pursuant to Subsection (1) the officer shall, without
a warrant, arrest the alleged violator.

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(b) Any person who knowingly violates a court order or agreement executed pursuant to
Subsection (1) shall be guilty as follows:
(i) if the original arrest was for a felony, an offense under this section is a third degree
felony; or
(ii) if the original arrest was for a misdemeanor, an offense under this section is a class A
misdemeanor.
(c) City attorneys may prosecute class A misdemeanor violations under this section.
(6) An individual who was originally arrested for a felony under this chapter and released
pursuant to this section may subsequently be held without bail if there is substantial evidence to
support a new felony charge against him.
(7) At the time an arrest for domestic violence is made, the arresting officer shall provide
[both] the alleged victim [and the alleged perpetrator] with written notice containing the following
information:
(a) the requirements described in Subsection (1), and notice that those requirements shall
be ordered by a court or must be agreed to by the alleged perpetrator prior to release;
(b) notification of the penalties for violation of the court order or any agreement executed
under Subsection (1);
(c) the date and time, absent modification by a court or magistrate, that the requirements
expire;
(d) the address of the appropriate court in the district or county in which the alleged
victim resides;
(e) the availability and effect of any waiver of the requirements; and
(f) information regarding the availability of and procedures for obtaining civil and criminal
protective orders with or without the assistance of an attorney.
(8) At the time an arrest for domestic violence is made, the arresting officer shall provide
the alleged perpetrator with written notice containing the following information:
(a) the requirements described in Subsection (1) and notice that those requirements shall
be ordered by a court or must be agreed to by the alleged perpetrator prior to release;

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(b) notification of the penalties for violation of the court or any agreement executed under
Subsection (1); and
(c) the date and time absent modification by a court or magistrate that the requirements
expire.
[(8)] (9) In addition to the provisions of Subsections (1) through (6), because of the
unique and highly emotional nature of domestic violence crimes, the high recidivism rate of
violent offenders, and the demonstrated increased risk of continued acts of violence subsequent to
the release of an offender who has been arrested for domestic violence, it is the finding of the
Legislature that domestic violence crimes, as defined in Section 77-36-1 , are crimes for which bail
may be denied if there is substantial evidence to support the charge, and if the court finds by clear
and convincing evidence that the alleged perpetrator would constitute a substantial danger to an
alleged victim of domestic violence if released on bail. If bail is denied under this Subsection [(8)]
(9), it shall be under the terms and conditions described in Subsections (1) through (6).

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