Chief Sponsor: Raymond P. Ward

Senate Sponsor: Don L. Ipson


9     General Description:
10          This bill requires reporting of certain information by the courts to the Bureau of
11     Criminal Identification.
12     Highlighted Provisions:
13          This bill:
14          ▸     requires the clerk of the district court to report information on individuals mentally
15     unfit to purchase firearms to the Bureau of Criminal Identification;
16          ▸     requires the Bureau of Criminal Identification to submit information reported by the
17     courts on individuals mentally unfit to purchase firearms to the National Instant
18     Criminal Background Check System;
19          ▸     requires the clerk of the district court to report information on individuals subject to
20     a protective order to the Bureau of Criminal Identification; and
21          ▸     requires the Bureau of Criminal Identification to submit information reported by the
22     courts on individuals subject to a protective order to the National Crime Information
23     Center.
24     Money Appropriated in this Bill:
25          None
26     Other Special Clauses:
27          None
28     Utah Code Sections Affected:
29     AMENDS:

30          53-10-102, as last amended by Laws of Utah 2010, Chapter 276
31          53-10-208, as last amended by Laws of Utah 2009, Chapters 292 and 356
32          53-10-208.1, as last amended by Laws of Utah 2011, Chapter 366
33          78B-7-106, as last amended by Laws of Utah 2018, Chapters 124 and 255
34     ENACTS:
35          53-10-213, Utah Code Annotated 1953

37     Be it enacted by the Legislature of the state of Utah:
38          Section 1. Section 53-10-102 is amended to read:
39          53-10-102. Definitions.
40          As used in this chapter:
41          (1) "Administration of criminal justice" means performance of any of the following:
42     detection, apprehension, detention, pretrial release, posttrial release, prosecution, adjudication,
43     correctional supervision, or rehabilitation of accused persons or criminal offenders.
44          (2) "Alcoholic beverage" is as defined in Section 32B-1-102.
45          (3) "Alcoholic product" is as defined in Section 32B-1-102.
46          (4) "Commission" means the Alcoholic Beverage Control Commission.
47          (5) "Communications services" means the technology of reception, relay, and
48     transmission of information required by public safety agencies in the performance of their duty.
49          (6) "Conviction record" means criminal history information indicating a record of a
50     criminal charge which has led to a declaration of guilt of an offense.
51          (7) "Criminal history record information" means information on individuals consisting
52     of identifiable descriptions and notations of:
53          (a) arrests, detentions, indictments, informations, or other formal criminal charges, and
54     any disposition arising from any of them; and
55          (b) sentencing, correctional supervision, and release.
56          [(8) "Criminalist" means the scientific discipline directed to the recognition,
57     identification, individualization, and evaluation of physical evidence by application of the

58     natural sciences in law-science matters.]
59          [(9)] (8) "Criminal justice agency" means courts or a government agency or
60     subdivision of a government agency that administers criminal justice under a statute, executive
61     order, or local ordinance and that allocates greater than 50% of its annual budget to the
62     administration of criminal justice.
63          (9) "Criminalist" means the scientific discipline directed to the recognition,
64     identification, individualization, and evaluation of physical evidence by application of the
65     natural sciences in law-science matters.
66          (10) "Department" means the Department of Public Safety.
67          (11) "Director" means the division director appointed under Section 53-10-103.
68          (12) "Division" means the Criminal Investigations and Technical Services Division
69     created in Section 53-10-103.
70          (13) "Executive order" means an order of the president of the United States or the chief
71     executive of a state that has the force of law and that is published in a manner permitting
72     regular public access to it.
73          (14) "Forensic" means dealing with the application of scientific knowledge relating to
74     criminal evidence.
75          (15) "Mental defective" means an individual who, by a district court, as a result of
76     marked subnormal intelligence, or mental illness, incompetency, condition, or disease, is
77     found:
78          (a) to be a danger to himself or herself or others;
79          (b) to lack the mental capacity to contract or manage the individual's own affairs;
80          (c) to be incompetent by a court in a criminal case; or
81          (d) to be incompetent to stand trial or found not guilty by reason or lack of mental
82     responsibility.
83          [(15)] (16) "Missing child" means any person under the age of 18 years who is missing
84     from the person's home environment or a temporary placement facility for any reason and
85     whose location cannot be determined by the person responsible for the child's care.

86          [(16)] (17) "Missing person" is as defined in Section 26-2-27.
87          [(17)] (18) "Pathogens" means disease-causing agents.
88          [(18)] (19) "Physical evidence" means something submitted to the bureau to determine
89     the truth of a matter using scientific methods of analysis.
90          [(19)] (20) "Qualifying entity" means a business, organization, or a governmental entity
91     that employs persons or utilizes volunteers who deal with:
92          (a) national security interests;
93          (b) care, custody, or control of children;
94          (c) fiduciary trust over money;
95          (d) health care to children or vulnerable adults; or
96          (e) the provision of any of the following to a vulnerable adult:
97          (i) care;
98          (ii) protection;
99          (iii) food, shelter, or clothing;
100          (iv) assistance with the activities of daily living; or
101          (v) assistance with financial resource management.
102          Section 2. Section 53-10-208 is amended to read:
103          53-10-208. Definition -- Offenses included on statewide warrant system --
104     Transportation fee to be included -- Statewide warrant system responsibility -- Quality
105     control -- Training -- Technical support -- Transaction costs.
106          (1) "Statewide warrant system" means the portion of the state court computer system
107     that is accessible by modem from the state mainframe computer and contains:
108          (a) records of criminal warrant information; and
109          (b) after notice and hearing, records of protective orders issued pursuant to:
110          (i) Title 77, Chapter 36, Cohabitant Abuse Procedures Act; or
111          (ii) Title 78B, Chapter 7, Part 1, Cohabitant Abuse Act.
112          (2) (a) The division shall include on the statewide warrant system all warrants issued
113     for felony offenses and class A, B, and C misdemeanor offenses in the state.

114          (b) The division shall include on the statewide warrant system all warrants issued for
115     failure to appear on a traffic citation as ordered by a magistrate under Subsection 77-7-19(3).
116          (c) For each warrant, the division shall indicate whether the magistrate ordered under
117     Section 77-7-5 and Rule 6, Utah Rules of Criminal Procedure, that the accused appear in court.
118          (3) The division is the agency responsible for the statewide warrant system and shall:
119          (a) ensure quality control of all warrants of arrest or commitment and protective orders
120     contained in the statewide warrant system by conducting regular validation checks with every
121     clerk of a court responsible for entering the information on the system;
122          (b) upon the expiration of the protective orders and in the manner prescribed by the
123     division, purge information regarding protective orders described in [Subsection
124     53-10-208.1(4)] Subsection 53-10-208.1(1)(d) within 30 days of the time after expiration;
125          (c) establish system procedures and provide training to all criminal justice agencies
126     having access to information contained on the state warrant system;
127          (d) provide technical support, program development, and systems maintenance for the
128     operation of the system; and
129          (e) pay data processing and transaction costs for state, county, and city law
130     enforcement agencies and criminal justice agencies having access to information contained on
131     the state warrant system.
132          (4) (a) Any data processing or transaction costs not funded by legislative appropriation
133     shall be paid on a pro rata basis by all agencies using the system during the fiscal year.
134          (b) This Subsection (4) supersedes any conflicting provision in Subsection (3)(e).
135          Section 3. Section 53-10-208.1 is amended to read:
136          53-10-208.1. Magistrates and court clerks to supply information.
137          (1) Every magistrate or clerk of a court responsible for court records in this state shall,
138     within 30 days of the disposition and on forms and in the manner provided by the division,
139     furnish the division with information pertaining to:
140          [(1)] (a) all dispositions of criminal matters, including:
141          [(a)] (i) guilty pleas;

142          [(b)] (ii) convictions;
143          [(c)] (iii) dismissals;
144          [(d)] (iv) acquittals;
145          [(e)] (v) pleas held in abeyance;
146          [(f)] (vi) judgments of not guilty by reason of insanity [for a violation of:];
147          [(i) a felony offense;]
148          [(ii) Title 76, Chapter 5, Offenses Against the Person; or]
149          [(iii) Title 76, Chapter 10, Part 5, Weapons;]
150          [(g)] (vii) judgments of guilty with a mental illness;
151          [(h)] (viii) finding of mental incompetence to stand trial [for a violation of:]; and
152          [(i) a felony offense;]
153          [(ii) Title 76, Chapter 5, Offenses Against the Person; or]
154          [(iii) Title 76, Chapter 10, Part 5, Weapons; or]
155          [(i)] (ix) probations granted; [and]
156          [(2)] (b) orders of civil commitment under the terms of Section 62A-15-631;
157          [(3)] (c) the issuance, recall, cancellation, or modification of all warrants of arrest or
158     commitment as described in Rule 6, Utah Rules of Criminal Procedure and Section 78B-6-303,
159     within one day of the action and in a manner provided by the division; and
160          [(4)] (d) protective orders issued after notice and hearing, pursuant to:
161          [(a)] (i) Title 77, Chapter 36, Cohabitant Abuse Procedures Act; or
162          [(b)] (ii) Title 78B, Chapter 7, Part 1, Cohabitant Abuse Act.
163          (2) The court in the county where a determination or finding was made shall transmit a
164     record of the determination or finding to the bureau no later than 48 hours after the
165     determination is made, excluding Saturdays, Sundays, and legal holidays, if an individual is:
166          (a) adjudicated as a mental defective; or
167          (b) involuntarily committed to a mental institution in accordance with Subsection
168     62A-15- 631(16).
169          (3) The record described in Subsection (2) shall include:

170          (a) an agency record identifier;
171          (b) the individual's name, sex, race, and date of birth; and
172          (c) the individual's social security number, government issued driver license or
173     identification number, alien registration number, government passport number, state
174     identification number, or FBI number.
175          Section 4. Section 53-10-213 is enacted to read:
176          53-10-213. Reporting Requirements.
177          (1) The bureau shall submit the record received from the court in accordance with
178     Subsection 78B-7-106(5)(e) to the National Crime Information Center within 48 hours of
179     receipt, excluding Saturdays, Sundays, and legal holidays.
180          (2) The bureau shall submit the record received from the court in accordance with
181     Subsection 53-10-208.1(2) to the National Instant Criminal Background Check System within
182     48 hours of receipt, excluding Saturdays, Sundays, and legal holidays.
183          Section 5. Section 78B-7-106 is amended to read:
184          78B-7-106. Protective orders -- Ex parte protective orders -- Modification of
185     orders -- Service of process -- Duties of the court.
186          (1) If it appears from a petition for an order for protection or a petition to modify an
187     order for protection that domestic violence or abuse has occurred, that there is a substantial
188     likelihood domestic violence or abuse will occur, or that a modification of an order for
189     protection is required, a court may:
190          (a) without notice, immediately issue an order for protection ex parte or modify an
191     order for protection ex parte as it considers necessary to protect the petitioner and all parties
192     named to be protected in the petition; or
193          (b) upon notice, issue an order for protection or modify an order after a hearing,
194     regardless of whether the respondent appears.
195          (2) A court may grant the following relief without notice in an order for protection or a
196     modification issued ex parte:
197          (a) enjoin the respondent from threatening to commit domestic violence or abuse,

198     committing domestic violence or abuse, or harassing the petitioner or any designated family or
199     household member;
200          (b) prohibit the respondent from telephoning, contacting, or otherwise communicating
201     with the petitioner or any designated family or household member, directly or indirectly, with
202     the exception of any parent-time provisions in the ex parte order;
203          (c) subject to Subsection (2)(e), prohibit the respondent from being within a specified
204     distance of the petitioner;
205          (d) subject to Subsection (2)(e), order that the respondent is excluded from and is to
206     stay away from the following places and their premises:
207          (i) the petitioner's residence or any designated family or household member's residence;
208          (ii) the petitioner's school or any designated family or household member's school;
209          (iii) the petitioner's or any designated family or household member's place of
210     employment;
211          (iv) the petitioner's place of worship or any designated family or household member's
212     place of worship; or
213          (v) any specified place frequented by the petitioner or any designated family or
214     household member;
215          (e) if the petitioner or designated family or household member attends the same school
216     as the respondent, is employed at the same place of employment as the respondent, or attends
217     the same place of worship, the court:
218          (i) may not enter an order under Subsection (2)(c) or (d) that excludes the respondent
219     from the respondent's school, place of employment, or place of worship; and
220          (ii) may enter an order governing the respondent's conduct at the respondent's school,
221     place of employment, or place of worship;
222          (f) upon finding that the respondent's use or possession of a weapon may pose a serious
223     threat of harm to the petitioner, prohibit the respondent from purchasing, using, or possessing a
224     firearm or other weapon specified by the court;
225          (g) order possession and use of an automobile and other essential personal effects, and

226     direct the appropriate law enforcement officer to accompany the petitioner to the residence of
227     the parties to ensure that the petitioner is safely restored to possession of the residence,
228     automobile, and other essential personal effects, or to supervise the petitioner's or respondent's
229     removal of personal belongings;
230          (h) order the respondent to maintain an existing wireless telephone contract or account;
231          (i) grant to the petitioner or someone other than the respondent temporary custody of a
232     minor child of the parties;
233          (j) order the appointment of an attorney guardian ad litem under Sections 78A-2-703
234     and 78A-6-902;
235          (k) order any further relief that the court considers necessary to provide for the safety
236     and welfare of the petitioner and any designated family or household member; and
237          (l) if the petition requests child support or spousal support, at the hearing on the
238     petition order both parties to provide verification of current income, including year-to-date pay
239     stubs or employer statements of year-to-date or other period of earnings, as specified by the
240     court, and complete copies of tax returns from at least the most recent year.
241          (3) A court may grant the following relief in an order for protection or a modification
242     of an order after notice and hearing, regardless of whether the respondent appears:
243          (a) grant the relief described in Subsection (2); and
244          (b) specify arrangements for parent-time of any minor child by the respondent and
245     require supervision of that parent-time by a third party or deny parent-time if necessary to
246     protect the safety of the petitioner or child.
247          (4) In addition to the relief granted under Subsection (3), the court may order the
248     transfer of a wireless telephone number in accordance with Section 77-36-5.3.
249          (5) Following the protective order hearing, the court shall:
250          (a) as soon as possible, deliver the order to the county sheriff for service of process;
251          (b) make reasonable efforts to ensure that the order for protection is understood by the
252     petitioner, and the respondent, if present;
253          (c) transmit electronically, by the end of the next business day after the order is issued,

254     a copy of the order for protection to the local law enforcement agency or agencies designated
255     by the petitioner; [and]
256          (d) transmit a copy of the order to the statewide domestic violence network described
257     in Section 78B-7-113[.]; and
258          (e) if the individual is a respondent or defendant subject to a court order that meets the
259     qualifications outlined in 18 U.S.C. Sec. 922(g)(8), transmit within 48 hours, excluding
260     Saturdays, Sundays, and legal holidays, a record of the order to the Bureau of Criminal
261     Identification that includes:
262          (i) an agency record identifier;
263          (ii) the individual's name, sex, race, and date of birth;
264          (iii) the issue date, conditions, and expiration date for the protective order; and
265          (iv) if available, the individual's social security number, government issued driver
266     license or identification number, alien registration number, government passport number, state
267     identification number, or FBI number.
268          (6) (a) Each protective order shall include two separate portions, one for provisions, the
269     violation of which are criminal offenses, and one for provisions, the violation of which are civil
270     violations, as follows:
271          (i) criminal offenses are those under Subsections (2)(a) through (e), and under
272     Subsection (3)(a) as it refers to Subsections (2)(a) through (e); and
273          (ii) civil offenses are those under Subsections (2)(f), (h), and (i), and Subsection (3)(a)
274     as it refers to Subsections (2)(f), (h), and (i).
275          (b) The criminal provision portion shall include a statement that violation of any
276     criminal provision is a class A misdemeanor.
277          (c) The civil provision portion shall include a notice that violation of or failure to
278     comply with a civil provision is subject to contempt proceedings.
279          (7) The protective order shall include:
280          (a) a designation of a specific date, determined by the court, when the civil portion of
281     the protective order either expires or is scheduled for review by the court, which date may not

282     exceed 150 days after the date the order is issued, unless the court indicates on the record the
283     reason for setting a date beyond 150 days;
284          (b) information the petitioner is able to provide to facilitate identification of the
285     respondent, such as social security number, driver license number, date of birth, address,
286     telephone number, and physical description; and
287          (c) a statement advising the petitioner that:
288          (i) after two years from the date of issuance of the protective order, a hearing may be
289     held to dismiss the criminal portion of the protective order;
290          (ii) the petitioner should, within the 30 days prior to the end of the two-year period,
291     advise the court of the petitioner's current address for notice of any hearing; and
292          (iii) the address provided by the petitioner will not be made available to the respondent.
293          (8) Child support and spouse support orders issued as part of a protective order are
294     subject to mandatory income withholding under Title 62A, Chapter 11, Part 4, Income
295     Withholding in IV-D Cases, and Title 62A, Chapter 11, Part 5, Income Withholding in Non
296     IV-D Cases, except when the protective order is issued ex parte.
297          (9) (a) The county sheriff that receives the order from the court, pursuant to Subsection
298     (6)(a), shall provide expedited service for orders for protection issued in accordance with this
299     chapter, and shall transmit verification of service of process, when the order has been served, to
300     the statewide domestic violence network described in Section 78B-7-113.
301          (b) This section does not prohibit any law enforcement agency from providing service
302     of process if that law enforcement agency:
303          (i) has contact with the respondent and service by that law enforcement agency is
304     possible; or
305          (ii) determines that under the circumstances, providing service of process on the
306     respondent is in the best interests of the petitioner.
307          (10) (a) When an order is served on a respondent in a jail or other holding facility, the
308     law enforcement agency managing the facility shall make a reasonable effort to provide notice
309     to the petitioner at the time the respondent is released from incarceration.

310          (b) Notification of the petitioner shall consist of a good faith reasonable effort to
311     provide notification, including mailing a copy of the notification to the last-known address of
312     the victim.
313          (11) A court may modify or vacate an order of protection or any provisions in the order
314     after notice and hearing, except that the criminal provisions of a protective order may not be
315     vacated within two years of issuance unless the petitioner:
316          (a) is personally served with notice of the hearing as provided in Rules 4 and 5, Utah
317     Rules of Civil Procedure, and the petitioner personally appears, in person or through court
318     video conferencing, before the court and gives specific consent to the vacation of the criminal
319     provisions of the protective order; or
320          (b) submits a verified affidavit, stating agreement to the vacation of the criminal
321     provisions of the protective order.
322          (12) A protective order may be modified without a showing of substantial and material
323     change in circumstances.
324          (13) Insofar as the provisions of this chapter are more specific than the Utah Rules of
325     Civil Procedure, regarding protective orders, the provisions of this chapter govern.