First Substitute H.B. 184

This document includes House Committee Amendments incorporated into the bill on Wed, Feb 9, 2005 at 9:16 AM by ddonat. --> This document includes House Floor Amendments incorporated into the bill on Fri, Feb 18, 2005 at 11:31 AM by chopkin. --> This document includes Senate 2nd Reading Floor Amendments incorporated into the bill on Tue, Mar 1, 2005 at 3:27 PM by rday. -->

Representative LaWanna Lou Shurtliff proposes the following substitute bill:

1 CRIME VICTIMS - CHANGE OF LOCKS
2 ON RENTAL PROPERTY
3 2005 GENERAL SESSION
4 STATE OF UTAH
5 Sponsor: LaWanna Lou Shurtliff
6
7 LONG TITLE
8 General Description:
9 This bill amends the Utah Fit Premises Act to provide crime victims the right to have
10 the lock to a residential rental unit changed at the renter's expense.
11 Highlighted Provisions:
12 This bill:
13 . enacts a provision allowing a renter who is a victim of one of a list of certain crimes
14 to require the owner to install a new lock at the renter's expense.
15 Monies Appropriated in this Bill:
16 None
17 Other Special Clauses:
18 None
19 Utah Code Sections Affected:
20 ENACTS:
21 57-22-5.1, Utah Code Annotated 1953
22
23 Be it enacted by the Legislature of the state of Utah:
24 Section 1. Section 57-22-5.1 is enacted to read:
25 57-22-5.1. Crime victim's right to new locks.

26 (1) For purposes of this section, "crime victim" means a victim of:
27 (a) domestic violence, as defined in Section 77-36-1 ;
28 (b) stalking as defined in Section 76-5-106.5 ;
29 (c) a crime under Title 76, Chapter 5, Part 4, Sexual Offenses;
30 (d) burglary or aggravated burglary under Section 76-6-202 or 76-6-203 ; or
31 (e) dating violence, consisting of verbal, emotional, psychological, physical, or sexual
32 abuse of one person by another in a dating relationship.
33 (2) An acceptable form of documentation of an act listed in Subsection (1) is:
34 (a) a protective order protecting the renter issued pursuant to Title 30, Chapter 6,
35 Cohabitant Abuse Act, subsequent to a hearing of which the petitioner and respondent have
36 been given notice under Title 30, Chapter 6; or
37 (b) a copy of a police report documenting an act listed in Subsection (1).
38 (3) (a) A renter who is a crime victim may require the renter's owner to install a new
39 lock to the renter's residential rental unit if the renter:
40 (i) provides the owner with an acceptable form of documentation of an act listed in
41 Subsection (1); and
42 (ii) pays for the cost of installing the new lock.
42a H. (b) An owner may comply with Subsection (3)(a) by:
42b (i) rekeying the lock if the lock is in good working condition; or
42c (ii) changing the entire locking mechanism with a locking mechanism of equal or
42d greater quality than the lock being replaced.
43 [ (b) ] (c) .H An owner who installs a new lock under Subsection (3)(a) may retain a
43a copy of the
44 key that opens the new lock.
45 H. [ (c) ] (d) .H Notwithstanding any rental agreement, an owner who installs a new
45a lock under
46 Subsection (3)(a) H. [ may ] shall .H refuse to provide a copy of the key that opens the new lock
46a to the
47 perpetrator of the act listed in Subsection (1).
47a S. (e) Notwithstanding Section 78-36-12, if an owner refuses to provide a copy of the key
47b under Subsection (3)(d) to a perpetrator who is not barred from the residential rental unit by a
47c protective order but is a renter on the rental agreement, the perpetrator may file a petition
47d with a court of competent jurisdiction within 30 days to: .S

47e S. (i) establish whether the perpetrator should be given a key and allowed access to the
47f residential rental unit; or
47g (ii) whether the perpetrator should be relieved of further liability under the rental
47h agreement because of the owner's exclusion of the perpetrator from the residential rental unit.
47i (f) Notwithstanding Subsection (3)(e)(ii), a perpetrator may not be relieved of further
47j liability under the rental agreement if the perpetrator is found by the court to have committed
47k the act upon which the landlord's exclusion of the perpetrator is based. .S

*HB0184S01*