H.B. 59 Enrolled

DOMESTIC VIOLENCE ENHANCEMENT
2005 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Carol Spackman Moss
Senate Sponsor: Karen Hale

LONG TITLE
General Description:
This bill amends the section of the Cohabitant Abuse Procedures Act that provides for
an enhanced offense and penalty for a subsequent domestic violence offense.
Highlighted Provisions:
This bill:
. defines terms;
. provides an enhancement for a domestic violence offense that:
. is committed within five years after a conviction for a qualifying domestic
violence offense; or
. a person is convicted of within five years after a conviction for a qualifying
domestic violence offense;
. clarifies that a plea of guilty or no contest that is held in abeyance is the equivalent
of a conviction for purposes of enhancing a subsequent domestic violence offense
and penalty, regardless of whether the offense pled to is reduced or dismissed after
the plea is held in abeyance; and
. makes technical changes.
Monies Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:

77-36-1.1, as last amended by Chapter 296, Laws of Utah 1999

Be it enacted by the Legislature of the state of Utah:
Section 1. Section 77-36-1.1 is amended to read:
77-36-1.1. Enhancement of offense and penalty for subsequent domestic violence
offenses.
[(1) When an offender is convicted of any]
(1) For purposes of this section, "qualifying domestic violence offense" means:
(a) a domestic violence offense in Utah[, or is convicted]; or
(b) an offense in any other state, or in any district, possession, or territory of the United
States, [of an offense] that would be a domestic violence offense under Utah law[, and is within a
five-year period after the conviction subsequently charged with a domestic violence offense that
is a misdemeanor, the offense charged and the punishment for that subsequent offense may be
enhanced by one degree above the offense and punishment otherwise provided in the statutes
described in Section 77-36-1 ].
(2) A person who is convicted of a domestic violence offense is:
(a) guilty of a class B misdemeanor if:
(i) the domestic violence offense described in this Subsection (2) is designated by law as
a class C misdemeanor; and
(ii) (A) the domestic violence offense described in this Subsection (2) is committed
within five years after the person is convicted of a qualifying domestic violence offense; or
(B) the person is convicted of the domestic violence offense described in this Subsection
(2) within five years after the person is convicted of a qualifying domestic violence offense;
(b) guilty of a class A misdemeanor if:
(i) the domestic violence offense described in this Subsection (2) is designated by law as
a class B misdemeanor; and
(ii) (A) the domestic violence offense described in this Subsection (2) is committed
within five years after the person is convicted of a qualifying domestic violence offense; or

(B) the person is convicted of the domestic violence offense described in this Subsection
(2) within five years after the person is convicted of a qualifying domestic violence offense; or
(c) guilty of a felony of the third degree if:
(i) the domestic violence offense described in this Subsection (2) is designated by law as
a class A misdemeanor; and
(ii) (A) the domestic violence offense described in this Subsection (2) is committed
within five years after the person is convicted of a qualifying domestic violence offense; or
(B) the person is convicted of the domestic violence offense described in this Subsection
(2) within five years after the person is convicted of a qualifying domestic violence offense.
[(2)] (3) For purposes of this section, a plea [in abeyance is considered a conviction] of
guilty or no contest to any qualifying domestic violence offense in Utah which plea is held in
abeyance under Title 77, Chapter 2a, Pleas in Abeyance, is the equivalent of a conviction, even if
the charge has been subsequently reduced or dismissed in accordance with the plea in abeyance
agreement.