S.B. 154

This document includes Senate Committee Amendments incorporated into the bill on Wed, Feb 27, 2008 at 3:52 PM by rday. -->

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Senate Committee Amendments 2-27-2008 rd/ecm 1

PROTECTIVE ORDER - CRIME OF
2 INDUCING BREACH
3 2008 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Scott D. McCoy
6 House Sponsor: ____________
7
8 LONG TITLE
9 General Description:
10 This bill creates a crime for inducing, enticing, or provoking a breach of a protective
11 order.
12 Highlighted Provisions:
13 This bill:
14 . provides that someone who intentionally or knowingly induces, entices, or provokes
15 someone to violate a protective order is guilty of a class A misdemeanor.
16 Monies Appropriated in this Bill:
17 None
18 Other Special Clauses:
19 None
20 Utah Code Sections Affected:
21 AMENDS:
22 76-5-108, as last amended by Laws of Utah 2006, Chapter 157
23
24 Be it enacted by the Legislature of the state of Utah:
25 Section 1. Section 76-5-108 is amended to read:
26 76-5-108. Protective orders restraining abuse of another -- Violation.
27 (1) Any person who is S. [ the respondent or defendant subject ] a party .S to a protective
27a order, child

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- 2 - 28 protective order, ex parte protective order, or ex parte child protective order issued under Title
29 30, Chapter 6, Cohabitant Abuse Act, or Title 78, Chapter 3a, Juvenile Court Act of 1996, Title
30 77, Chapter 36, Cohabitant Abuse Procedures Act, or a foreign protection order enforceable
31 under Title 30, Chapter 6a, Uniform Interstate Enforcement of Domestic Violence Protection
32 Orders Act, who intentionally or knowingly violates that order [after having], or who
33 intentionally or knowingly induces, entices, or provokes another to violate that order, after the
34 order has been properly served, is guilty of a class A misdemeanor, except as a greater penalty
35 may be provided in Title 77, Chapter 36, Cohabitant Abuse Procedures Act.
36 (2) Violation of an order as described in Subsection (1) is a domestic violence offense
37 under Section 77-36-1 and subject to increased penalties in accordance with Section 77-36-1.1 .

Legislative Review Note
as of 1-21-08 9:03 AM

Office of Legislative Research and General Counsel