This document includes House Committee Amendments incorporated into the bill on Thu, Mar 3, 2016 at 11:02 AM by cynthiahopkin.
1     
CODE OF CRIMINAL PROCEDURE AMENDMENTS

2     
2016 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Kim Coleman

5     
Senate Sponsor: Deidre M. Henderson

6     

7     LONG TITLE
8     General Description:
9          This bill modifies the Utah Code of Criminal Procedure regarding cohabitant abuse.
10     Highlighted Provisions:
11          This bill:
12          ▸     modifies the definition of an offense against property in the Cohabitant Abuse
13     Procedures Act.
14     Money Appropriated in this Bill:
15          None
16     Other Special Clauses:
17          None
18     Utah Code Sections Affected:
19     AMENDS:
20          77-36-1, as last amended by Laws of Utah 2015, Chapter 426
21     

22     Be it enacted by the Legislature of the state of Utah:
23          Section 1. Section 77-36-1 is amended to read:
24          77-36-1. Definitions.
25          As used in this chapter:
26          (1) "Cohabitant" has the same meaning as in Section 78B-7-102.
27          (2) "Department" means the Department of Public Safety.

28          (3) "Divorced" means an individual who has obtained a divorce under Title 30, Chapter
29     3, Divorce.
30          (4) "Domestic violence" or "domestic violence offense" means any criminal offense
31     involving violence or physical harm or threat of violence or physical harm, or any attempt,
32     conspiracy, or solicitation to commit a criminal offense involving violence or physical harm,
33     when committed by one cohabitant against another. "Domestic violence" or "domestic
34     violence offense" also means commission or attempt to commit, any of the following offenses
35     by one cohabitant against another:
36          (a) aggravated assault, as described in Section 76-5-103;
37          (b) assault, as described in Section 76-5-102;
38          (c) criminal homicide, as described in Section 76-5-201;
39          (d) harassment, as described in Section 76-5-106;
40          (e) electronic communication harassment, as described in Section 76-9-201;
41          (f) kidnapping, child kidnapping, or aggravated kidnapping, as described in Sections
42     76-5-301, 76-5-301.1, and 76-5-302;
43          (g) mayhem, as described in Section 76-5-105;
44          (h) sexual offenses, as described in Title 76, Chapter 5, Part 4, Sexual Offenses, and
45     Section 76-5b-201, Sexual Exploitation of a Minor;
46          (i) stalking, as described in Section 76-5-106.5;
47          (j) unlawful detention or unlawful detention of a minor, as described in Section
48     76-5-304;
49          (k) violation of a protective order or ex parte protective order, as described in Section
50     76-5-108;
51          (l) any offense against property described in Title 76, Chapter 6, Part 1, Property
52     Destruction, Ĥ→ committed with the intent to harass or intimidate a cohabitant, or place
52a     a cohabitant in fear of bodily injury;
52b          (m) any offense against property described in Title 76, Chapter 6, ←Ĥ Part 2, Burglary
52c     and Criminal Trespass, or Part 3, Robbery Ĥ→ [
, committed with the
53     intent to harass or intimidate a cohabitant, or place a cohabitant in fear of serious bodily

53a     injury
] ←Ĥ ;
54          Ĥ→ [
(m)] (n) ←Ĥ possession of a deadly weapon with intent to assault, as described in
54a     Section
55     76-10-507;

56          Ĥ→ [
(n)] (o) ←Ĥ discharge of a firearm from a vehicle, near a highway, or in the direction
56a     of any
57     person, building, or vehicle, as described in Section 76-10-508;
58          Ĥ→ [
(o)] (p) ←Ĥ disorderly conduct, as defined in Section 76-9-102, if a conviction of
58a     disorderly

59     conduct is the result of a plea agreement in which the defendant was originally charged with a
60     domestic violence offense otherwise described in this Subsection (4). Conviction of disorderly
61     conduct as a domestic violence offense, in the manner described in this Subsection (4) Ĥ→ [
(o)]
61a     (p) ←Ĥ , does
62     not constitute a misdemeanor crime of domestic violence under 18 U.S.C. Section 921, and is
63     exempt from the provisions of the federal Firearms Act, 18 U.S.C. Section 921 et seq.; or
64          Ĥ→ [
(p)] (q) ←Ĥ child abuse as described in Section 76-5-109.1.
65          (5) "Jail release agreement" means a written agreement:
66          (a) specifying and limiting the contact a person arrested for a domestic violence offense
67     may have with an alleged victim or other specified individuals; and
68          (b) specifying other conditions of release from jail as required in Subsection
69     77-36-2.5(2).
70          (6) "Jail release court order" means a written court order:
71          (a) specifying and limiting the contact a person arrested for a domestic violence offense
72     may have with an alleged victim or other specified individuals; and
73          (b) specifying other conditions of release from jail as required in Subsection
74     77-36-2.5(2).
75          (7) "Marital status" means married and living together, divorced, separated, or not
76     married.
77          (8) "Married and living together" means a man and a woman whose marriage was
78     solemnized under Section 30-1-4 or 30-1-6 and who are living in the same residence.
79          (9) "Not married" means any living arrangement other than married and living together,
80     divorced, or separated.
81          (10) "Pretrial protective order" means a written order:
82          (a) specifying and limiting the contact a person who has been charged with a domestic
83     violence offense may have with an alleged victim or other specified individuals; and
84          (b) specifying other conditions of release pursuant to Subsection 77-36-2.5(3)(c),
85     Subsection 77-36-2.6(3), or Section 77-36-2.7, pending trial in the criminal case.
86          (11) "Sentencing protective order" means a written order of the court as part of
87     sentencing in a domestic violence case that limits the contact a person who has been convicted
88     of a domestic violence offense may have with a victim or other specified individuals pursuant
89     to Sections 77-36-5 and 77-36-5.1.

90          (12) "Separated" means a man and a woman who have had their marriage solemnized
91     under Section 30-1-4 or 30-1-6 and who are not living in the same residence.
92          (13) "Victim" means a cohabitant who has been subjected to domestic violence.






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