1     
DOMESTIC VIOLENCE ENHANCEMENT AMENDMENTS

2     
2019 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Stephanie Pitcher

5     
Senate Sponsor: Karen Mayne

6     Cosponsors:
7     Lee B. Perry
Val K. Potter
Paul Ray
Mike Winder

8     

9     LONG TITLE
10     General Description:
11          This bill amends provisions regarding the penalty enhancement for a domestic violence
12     offense.
13     Highlighted Provisions:
14          This bill:
15          ▸     defines terms;
16          ▸     modifies the duration between certain domestic violence offenses for purposes of
17     applying a penalty enhancement; and
18          ▸     makes technical changes.
19     Money Appropriated in this Bill:
20          None
21     Other Special Clauses:
22          None
23     Utah Code Sections Affected:
24     AMENDS:
25          77-36-1.1, as last amended by Laws of Utah 2015, Chapter 426
26     

27     Be it enacted by the Legislature of the state of Utah:
28          Section 1. Section 77-36-1.1 is amended to read:
29          77-36-1.1. Enhancement of offense and penalty for subsequent domestic violence
30     offenses.
31          [(1) For purposes of this section, "qualifying domestic violence offense" means:]
32          (1) As used in this section:
33          (a) "Criminal mischief offense" means commission or attempt to commit an offense
34     under Section 76-6-106 by one cohabitant against another.
35          (b) "Qualifying domestic violence offense" means:
36          [(a)] (i) a domestic violence offense in Utah; or
37          [(b)] (ii) an offense in any other state, or in any district, possession, or territory of the
38     United States, that would be a domestic violence offense under Utah law.
39          (2) [A person] An individual who is convicted of a domestic violence offense is:
40          (a) guilty of a class B misdemeanor if:
41          (i) the domestic violence offense described in this Subsection (2) is designated by law
42     as a class C misdemeanor; and
43          (ii) (A) the domestic violence offense described in this Subsection (2) is committed
44     within [five] 10 years after the [person] individual is convicted of a qualifying domestic
45     violence offense that is not a criminal mischief offense; or
46          (B) the [person] individual is convicted of the domestic violence offense described in
47     this Subsection (2) within [five] 10 years after the [person] individual is convicted of a
48     qualifying domestic violence offense that is not a criminal mischief offense;
49          (b) guilty of a class A misdemeanor if:
50          (i) the domestic violence offense described in this Subsection (2) is designated by law
51     as a class B misdemeanor; and
52          (ii) (A) the domestic violence offense described in this Subsection (2) is committed
53     within [five] 10 years after the [person] individual is convicted of a qualifying domestic
54     violence offense that is not a criminal mischief offense; or
55          (B) the [person] individual is convicted of the domestic violence offense described in
56     this Subsection (2) within [five] 10 years after the [person] individual is convicted of a
57     qualifying domestic violence offense that is not a criminal mischief offense; or
58          (c) guilty of a felony of the third degree if:
59          (i) the domestic violence offense described in this Subsection (2) is designated by law
60     as a class A misdemeanor; and
61          (ii) (A) the domestic violence offense described in this Subsection (2) is committed
62     within [five] 10 years after the [person] individual is convicted of a qualifying domestic
63     violence offense that is not a criminal mischief offense; or
64          (B) the [person] individual is convicted of the domestic violence offense described in
65     this Subsection (2) within [five] 10 years after the [person] individual is convicted of a
66     qualifying domestic violence offense that is not a criminal mischief offense.
67          (3) An individual who is convicted of a domestic violence offense is:
68          (a) guilty of a class B misdemeanor if:
69          (i) the domestic violence offense described in this Subsection (3) is designated by law
70     as a class C misdemeanor; and
71          (ii) (A) the domestic violence offense described in this Subsection (3) is committed
72     within five years after the individual is convicted of a criminal mischief offense; or
73          (B) the individual is convicted of the domestic violence offense described in
74          this Subsection (3) within five years after the individual is convicted of a criminal
75     mischief offense;
76          (b) guilty of a class A misdemeanor if:
77          (i) the domestic violence offense described in this Subsection (3) is designated by law
78     as a class B misdemeanor; and
79          (ii) (A) the domestic violence offense described in this Subsection (3) is committed
80     within five years after the individual is convicted of a criminal mischief offense; or
81          (B) the individual is convicted of the domestic violence offense described in
82          this Subsection (3) within five years after the individual is convicted of a criminal
83     mischief offense; or
84          (c) guilty of a third degree felony if:
85          (i) the domestic violence offense described in this Subsection (3) is designated by law
86     as a class A misdemeanor; and
87          (ii) (A) the domestic violence offense described in this Subsection (3) is committed
88     within five years after the individual is convicted of a criminal mischief offense; or
89          (B) the individual is convicted of the domestic violence offense described in this
90     Subsection (3) within five years after the individual is convicted of a criminal mischief offense.