1st Sub.
S.B.
235
CLARIFICATION OF STALKING INJUNCTIONS AND PROTECTIVE ORDERS
House Floor
Amendments
Amendment 2 March 7, 2012 4:33 PM
Representative V. Lowry Snow proposes the following amendments:
1. Page 4, Line 113 through Page 5, Line 119 :
113 (b) A permanent criminal stalking injunction shall be issued by the court [
114
{
[
}
The court shall
115 give the defendant notice of the right to request a hearing.
{
]
116 [ } (c) If the defendant requests a hearing under Subsection (9)(b), it shall be held at the
117 time of the conviction unless the victim requests otherwise, or for good cause.
{
]
118 [ } (d)
{
]
}
{
(c)
}
If the conviction was entered in a justice court, a certified copy of the
119 judgment and conviction or a certified copy of the court's order holding the plea in abeyance
2. Page 5, Lines 122 through 123 :
122 (10) A permanent criminal stalking injunction [
123 district court granting the following relief
where appropriate
:
3. Page 5, Lines 127 through 128 :
127 (ii) requiring the defendant to stay away from the victim
{
and members of the victim's
128 immediate family or household } , except as provided in Subsection (11), and to stay away from
4. Page 5, Lines 136 through 138 :
136 (c) any other orders the court considers necessary to protect the victim
and members of the victim's
immediate family or household
.
137 (11) If the victim and defendant have minor children together, the court may consider
138 provisions
{
that balance
}
regarding
the defendant's
exercise of
custody and parent-time rights
{
and
}
while ensuring
the
{
victim's
}
safety
of the victim and any minor children
.
5. Page 7, Lines 201 through 203 :
201 (b) If the petitioner and respondent have minor children, the court shall follow the
202 provisions of Section 78B-7-106
{
while considering provisions that balance
}
and take into
consideration
the respondent's
203 custody and parent-time rights
{
and
}
while ensuring
the
{
victim's
}
safety
of the victim and
the minor children
. If the court issues a civil stalking
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