Chief Sponsor: Allen M. Christensen

House Sponsor: Scott D. Sandall


8     General Description:
9          This bill adds animal cruelty to the list of offenses that may qualify as a domestic
10     violence offense.
11     Highlighted Provisions:
12          This bill:
13          ▸     adds animal cruelty to the list of offenses that may qualify as a domestic violence
14     offense.
15     Money Appropriated in this Bill:
16          None
17     Other Special Clauses:
18          None
19     Utah Code Sections Affected:
20     AMENDS:
21          77-36-1, as last amended by Laws of Utah 2017, Chapters 289 and 332

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

28          (2) "Department" means the Department of Public Safety.
29          (3) "Divorced" means an individual who has obtained a divorce under Title 30, Chapter
30     3, Divorce.
31          (4) "Domestic violence" or "domestic violence offense" means any criminal offense
32     involving violence or physical harm or threat of violence or physical harm, or any attempt,
33     conspiracy, or solicitation to commit a criminal offense involving violence or physical harm,
34     when committed by one cohabitant against another. "Domestic violence" or "domestic violence
35     offense" also means commission or attempt to commit, any of the following offenses by one
36     cohabitant against another:
37          (a) aggravated assault, as described in Section 76-5-103;
38          (b) assault, as described in Section 76-5-102;
39          (c) criminal homicide, as described in Section 76-5-201;
40          (d) harassment, as described in Section 76-5-106;
41          (e) electronic communication harassment, as described in Section 76-9-201;
42          (f) kidnapping, child kidnapping, or aggravated kidnapping, as described in Sections
43     76-5-301, 76-5-301.1, and 76-5-302;
44          (g) mayhem, as described in Section 76-5-105;
45          (h) sexual offenses, as described in Title 76, Chapter 5, Part 4, Sexual Offenses, and
46     Section 76-5b-201, Sexual exploitation of a minor -- Offenses;
47          (i) stalking, as described in Section 76-5-106.5;
48          (j) unlawful detention or unlawful detention of a minor, as described in Section
49     76-5-304;
50          (k) violation of a protective order or ex parte protective order, as described in Section
51     76-5-108;
52          (l) any offense against property described in Title 76, Chapter 6, Part 1, Property
53     Destruction, Title 76, Chapter 6, Part 2, Burglary and Criminal Trespass, or Title 76, Chapter 6,
54     Part 3, Robbery;
55          (m) possession of a deadly weapon with intent to assault, as described in Section
56     76-10-507;
57          (n) discharge of a firearm from a vehicle, near a highway, or in the direction of any
58     person, building, or vehicle, as described in Section 76-10-508;

59          (o) disorderly conduct, as defined in Section 76-9-102, if a conviction of disorderly
60     conduct is the result of a plea agreement in which the defendant was originally charged with a
61     domestic violence offense otherwise described in this Subsection (4). Conviction of disorderly
62     conduct as a domestic violence offense, in the manner described in this Subsection (4)(o), does
63     not constitute a misdemeanor crime of domestic violence under 18 U.S.C. Sec. 921, and is
64     exempt from the provisions of the federal Firearms Act, 18 U.S.C. Sec. 921 et seq.; [or]
65          (p) child abuse as described in Section 76-5-109.1[.]; or
66          (q) cruelty to animals, as described in Subsection 76-9-301(4).
67          (5) "Jail release agreement" means the same as that term is defined in Section
68     77-20-3.5.
69          (6) "Jail release court order" means the same as that term is defined in Section
70     77-20-3.5.
71          (7) "Marital status" means married and living together, divorced, separated, or not
72     married.
73          (8) "Married and living together" means a man and a woman whose marriage was
74     solemnized under Section 30-1-4 or 30-1-6 and who are living in the same residence.
75          (9) "Not married" means any living arrangement other than married and living together,
76     divorced, or separated.
77          [(11)] (10) "Pretrial protective order" means a written order:
78          (a) specifying and limiting the contact a person who has been charged with a domestic
79     violence offense may have with an alleged victim or other specified individuals; and
80          (b) specifying other conditions of release pursuant to Subsection 77-20-3.5(3),
81     Subsection 77-36-2.6(3), or Section 77-36-2.7, pending trial in the criminal case.
82          [(10)] (11) "Protective order" includes an order issued under Subsection 77-36-5.1(6).
83          (12) "Sentencing protective order" means a written order of the court as part of
84     sentencing in a domestic violence case that limits the contact a person who has been convicted
85     of a domestic violence offense may have with a victim or other specified individuals pursuant
86     to Sections 77-36-5 and 77-36-5.1.
87          (13) "Separated" means a man and a woman who have had their marriage solemnized
88     under Section 30-1-4 or 30-1-6 and who are not living in the same residence.
89          (14) "Victim" means a cohabitant who has been subjected to domestic violence.

Legislative Review Note
Office of Legislative Research and General Counsel