1     
PRETRIAL RELEASE AMENDMENTS

2     
2019 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Angela Romero

5     
Senate Sponsor: Todd Weiler

6     

7     LONG TITLE
8     Committee Note:
9          The Law Enforcement and Criminal Justice Interim Committee recommended this bill.
10     General Description:
11          This bill modifies pretrial release provisions.
12     Highlighted Provisions:
13          This bill:
14          ▸     addresses the right to bail involving qualifying offenses;
15          ▸     modifies terms related to jail release agreements and jail release court orders;
16          ▸     addresses conditions for release after arrest for domestic violence and other
17     offenses;
18          ▸     amends provisions related to dismissal of certain offenses;
19          ▸     addresses contents of pretrial protective orders;
20          ▸     repeals language regarding privileged communications; and
21          ▸     makes technical and conforming changes.
22     Money Appropriated in this Bill:
23          None
24     Other Special Clauses:
25          None
26     Utah Code Sections Affected:
27     AMENDS:
28          77-20-1, as last amended by Laws of Utah 2017, Chapters 289, 311, and 332
29          77-20-3.5, as last amended by Laws of Utah 2018, Chapter 281
30          77-36-1, as last amended by Laws of Utah 2018, Chapter 255
31          77-36-2.7, as last amended by Laws of Utah 2017, Chapter 289
32     

33     Be it enacted by the Legislature of the state of Utah:
34          Section 1. Section 77-20-1 is amended to read:
35          77-20-1. Right to bail -- Denial of bail -- Hearing.
36          (1) As used in this chapter:
37          (a) "Bail bond agency" means the same as that term is defined in Section 31A-35-102.
38          (b) "Surety" and "sureties" mean a surety insurer or a bail bond agency.
39          (c) "Surety insurer" means the same as that term is defined in Section 31A-35-102.
40          (2) [A person] An individual charged with or arrested for a criminal offense shall be
41     admitted to bail as a matter of right, except if the [person] individual is charged with a:
42          (a) capital felony, when the court finds there is substantial evidence to support the
43     charge;
44          (b) felony committed while on probation or parole, or while free on bail awaiting trial
45     on a previous felony charge, when the court finds there is substantial evidence to support the
46     current felony charge;
47          (c) felony when there is substantial evidence to support the charge and the court finds
48     by clear and convincing evidence that the [person] individual would constitute a substantial
49     danger to any other [person] individual or to the community, or is likely to flee the jurisdiction
50     of the court, if released on bail; [or]
51          (d) felony when the court finds there is substantial evidence to support the charge and
52     it finds by clear and convincing evidence that the [person] individual violated a material
53     condition of release while previously on bail[.]; or
54          (e) domestic violence offense if the court finds:
55          (i) that there is substantial evidence to support the charge; and
56          (ii) by clear and convincing evidence, that the individual would constitute a substantial
57     danger to an alleged victim of domestic violence if released on bail.
58          (3) Any [person] individual who may be admitted to bail may be released by written
59     undertaking or an equal amount of cash bail, or on the [person's] individual's own
60     recognizance, on condition that the [person] individual appear in court for future court
61     proceedings in the case, and on any other conditions imposed in the discretion of the magistrate
62     or court that will reasonably:
63          (a) ensure the appearance of the accused;
64          (b) ensure the integrity of the court process;
65          (c) prevent direct or indirect contact with witnesses or victims by the accused, if
66     appropriate; and
67          (d) ensure the safety of the public.
68          (4) (a) Except as otherwise provided, the initial order denying or fixing the amount of
69     bail shall be issued by the magistrate or court issuing the warrant of arrest.
70          (b) A magistrate may set bail upon determining that there was probable cause for a
71     warrantless arrest.
72          (c) A bail commissioner may set bail in a misdemeanor case in accordance with
73     Sections 10-3-920 and 17-32-1.
74          (d) [A person] An individual arrested for a violation of a jail release agreement or jail
75     release court order issued in accordance with Section 77-20-3.5:
76          (i) may not be released before the accused's first judicial appearance; and
77          (ii) may be denied bail by the court under Subsection [77-20-3.5(9) or (11)] (2).
78          (5) The magistrate or court may rely upon information contained in:
79          (a) the indictment or information;
80          (b) any sworn probable cause statement;
81          (c) information provided by any pretrial services agency; or
82          (d) any other reliable record or source.
83          (6) (a) A motion to modify the initial order may be made by a party at any time upon
84     notice to the opposing party sufficient to permit the opposing party to prepare for hearing and
85     to permit any victim to be notified and be present.
86          (b) Hearing on a motion to modify may be held in conjunction with a preliminary
87     hearing or any other pretrial hearing.
88          (c) The magistrate or court may rely on information as provided in Subsection (5) and
89     may base its ruling on evidence provided at the hearing so long as each party is provided an
90     opportunity to present additional evidence or information relevant to bail.
91          (7) Subsequent motions to modify bail orders may be made only upon a showing that
92     there has been a material change in circumstances.
93          (8) An appeal may be taken from an order of any court denying bail to the Supreme
94     Court, which shall review the determination under Subsection (2).
95          (9) For purposes of this section, any arrest or charge for a violation of Section
96     76-5-202, Aggravated murder, is a capital felony unless:
97          (a) the prosecutor files a notice of intent to not seek the death penalty; or
98          (b) the time for filing a notice to seek the death penalty has expired and the prosecutor
99     has not filed a notice to seek the death penalty.
100          Section 2. Section 77-20-3.5 is amended to read:
101          77-20-3.5. Conditions for release after arrest for domestic violence and other
102     offenses -- Jail release agreements -- Jail release court orders.
103          (1) As used in this section:
104          (a) "Domestic violence" means the same as that term is defined in Section 77-36-1.
105          (b) "Jail release agreement" means a written agreement [described in Subsection (3)]
106     that is entered into by an arrested individual:
107          [(i) limits the contact an individual arrested for a qualifying offense may have with an
108     alleged victim; and]
109          (i) under which the arrested individual agrees to not engage in any of the following:
110          (A) have personal contact with the alleged victim;
111          (B) threaten or harass the alleged victim; or
112          (C) knowingly enter on the premises of the alleged victim's residence or on premises
113     temporarily occupied by the alleged victim; and
114          (ii) that specifies other conditions of release from jail.
115          (c) "Jail release court order" means a written court order [issued in accordance with
116     Subsection (3)] that:
117          [(i) limits the contact an individual arrested for a qualifying offense may have with an
118     alleged victim; and]
119          (i) orders an arrested individual not to engage in any of the following:
120          (A) have personal contact with the alleged victim;
121          (B) threaten or harass the alleged victim; or
122          (C) knowingly enter on the premises of the alleged victim's residence or on premises
123     temporarily occupied by the alleged victim; and
124          (ii) specifies other conditions of release from jail.
125          (d) "Minor" means an unemancipated individual who is younger than 18 years of age.
126          (e) "Offense against a child or vulnerable adult" means the commission or attempted
127     commission of an offense described in Section 76-5-109, 76-5-109.1, 76-5-110, or 76-5-111.
128          (f) "Qualifying offense" means:
129          (i) domestic violence;
130          (ii) an offense against a child or vulnerable adult; or
131          (iii) the commission or attempted commission of an offense described in Title 76,
132     Chapter 5, Part 4, Sexual Offenses.
133          (2) (a) Upon arrest for a qualifying offense and before the [person] individual is
134     released on bail, recognizance, or otherwise, the [person] individual may not personally contact
135     the alleged victim.
136          (b) [A person] An individual who violates Subsection (2)(a) is guilty of a class B
137     misdemeanor.
138          (3) (a) After [a person] an individual is arrested for a qualifying offense, the [person]
139     individual may not be released before:
140          (i) the matter is submitted to a magistrate in accordance with Section 77-7-23; or
141          (ii) the [person] individual signs a jail release agreement [in accordance with
142     Subsection (3)(d)(i)].
143          (b) The arresting officer shall ensure that the information presented to the magistrate
144     includes whether the alleged victim has made a waiver described in Subsection (6)(a).
145          (c) (i) If the magistrate determines there is probable cause to support the charge or
146     charges of one or more qualifying offenses , the magistrate shall determine[:(i) whether
147     grounds exist to hold the arrested person] whether the arrested individual may be held without
148     bail, in accordance with Section 77-20-1[;].
149          [(ii) if no grounds exist to hold the arrested person without bail,]
150          (ii) If the magistrate determines that the arrested individual has the right to be admitted
151     to bail, the magistrate shall determine:
152          (A) whether any release conditions, including electronic monitoring, are necessary to
153     protect the alleged victim; [or] and
154          [(iii)] (B) any bail that is required to guarantee the arrested person's subsequent
155     appearance in court.
156          [(d) (i) The magistrate may not release a person arrested for a qualifying offense before
157     the person's initial court appearance before the court with jurisdiction over the offense for
158     which the person was arrested, unless the arrested person agrees in writing or the magistrate
159     orders, as a release condition, that, until the arrested person appears at the initial court
160     appearance, the arrested person will not:]
161          [(A) have personal contact with the alleged victim;]
162          [(B) threaten or harass the alleged victim; or]
163          [(C) knowingly enter onto the premises of the alleged victim's residence or any
164     premises temporarily occupied by the alleged victim.]
165          [(ii) The magistrate shall schedule the appearance described in Subsection (3)(d)(i) to
166     take place no more than 96 hours after the time of the arrest.]
167          [(iii) The arrested person may make the appearance described in Subsection (3)(d)(i) by
168     video if the arrested person is not released.]
169          (d) The magistrate may not release an individual arrested for a qualifying offense
170     unless the magistrate issues a jail release court order or the arrested individual signs a jail
171     release agreement.
172          (4) (a) If [a person] an individual charged with a qualifying offense fails to either
173     schedule an initial appearance or to appear at the time scheduled by the magistrate [under
174     Subsection (3)(d), the person] within 96 hours after the time of arrest, the individual shall
175     comply with the release conditions [described in Subsection (3)(d)(i) until the person] of a jail
176     release agreement or jail release court order until the individual makes an initial appearance.
177          (b) If the prosecutor has not filed charges against [a person] an individual who was
178     arrested for a qualifying offense and who appears in court at the time scheduled by the
179     magistrate under Subsection (3)[(d)], or by the court under Subsection (4)(b)(ii), the court:
180          (i) may, upon the motion of the prosecutor and after allowing the [person] individual
181     an opportunity to be heard on the motion, extend the release conditions described in
182     [Subsection (3)(d)(i)] the jail release court order or the jail release agreement by no more than
183     three court days; and
184          (ii) if the court grants the motion described in Subsection (4)(b)(i), shall order the
185     arrested [person] individual to appear at a time scheduled before the end of the granted
186     extension.
187          (c) (i) If the prosecutor determines that there is insufficient evidence to file charges
188     before an initial appearance scheduled under Subsection (4)(a), the prosecutor shall transmit a
189     notice of declination to either the magistrate who signed the jail release court order or, if the
190     releasing agency obtains a jail release agreement from the released arrestee, to the statewide
191     domestic violence network described in Section 78B-7-113.
192          (ii) A prosecutor's notice of declination transmitted under this Subsection (4)(c) is
193     considered a motion to dismiss a jail release court order and a notice of expiration of a jail
194     release agreement.
195          (5) Except as provided in Subsection (4) or otherwise ordered by a court, a jail release
196     agreement or jail release court order expires at midnight after the earlier of:
197          (a) the arrested [person's] individual's initial scheduled court appearance described in
198     Subsection [(3)(d)(i).] (4)(a);
199          (b) the day on which the prosecutor transmits the notice of the declination under
200     Subsection (4)(c); or
201          (c) 30 days after the day on which the arrested individual is arrested.
202          (6) (a) (i) After an arrest for a qualifying offense , an alleged victim who is not a minor
203     may waive in writing the release conditions [described in Subsection (3)(d)(i)(A) or (C).]
204     prohibiting:
205          (A) personal contact with the alleged victim; or
206          (B) knowingly entering on the premises of the alleged victim's residence or on
207     premises temporarily occupied by the alleged victim.
208          (ii) Upon waiver, [those] the release conditions described in Subsection (6)(a)(i) do not
209     apply to the arrested [person] individual.
210          (b) A court or magistrate may modify [the release conditions described in Subsection
211     (3)(d)(i),] a jail release agreement or a jail release court order in writing or on the record, and
212     only for good cause shown.
213          (7) (a) When an arrested [person] individual is released in accordance with Subsection
214     (3), the releasing agency shall:
215          (i) notify the arresting law enforcement agency of the release, conditions of release, and
216     any available information concerning the location of the alleged victim;
217          (ii) make a reasonable effort to notify the alleged victim of the release; and
218          (iii) before releasing the arrested [person] individual, give the arrested [person]
219     individual a copy of the jail release agreement or the jail release court order.
220          (b) (i) When [a person] an individual arrested for domestic violence is released
221     pursuant to [Subsection (3)] this section based on a [written] jail release agreement, the
222     releasing agency shall transmit that information to the statewide domestic violence network
223     described in Section 78B-7-113.
224          (ii) When [a person] an individual arrested for domestic violence is released pursuant
225     to [Subsections (3) through (5)] this section based upon a jail release court order or if a
226     [written] jail release agreement is modified pursuant to Subsection (6)(b), the court shall
227     transmit that order to the statewide domestic violence network described in Section 78B-7-113.
228          (c) This Subsection (7) does not create or increase liability of a law enforcement officer
229     or agency, and the good faith immunity provided by Section 77-36-8 is applicable.
230          (8) (a) If a law enforcement officer has probable cause to believe that [a person] an
231     individual has violated a jail release agreement or jail release court order, the officer shall,
232     without a warrant, arrest the [person] individual.
233          (b) [Any person] An individual who knowingly violates a jail release court order or jail
234     release agreement executed pursuant to Subsection (3) is guilty as follows:
235          (i) if the original arrest was for a felony, an offense under this section is a third degree
236     felony; or
237          (ii) if the original arrest was for a misdemeanor, an offense under this section is a class
238     A misdemeanor.
239          (c) [City attorneys] A city attorney may prosecute class A misdemeanor violations
240     under this section.
241          (9) [A person] An individual who is arrested for a qualifying offense that is a felony
242     and released in accordance with this section may subsequently be held without bail if there is
243     substantial evidence to support a new felony charge against the [person] individual.
244          (10) At the time an arrest is made for a qualifying offense , the arresting officer shall
245     provide the alleged victim with written notice containing:
246          (a) the release conditions described in [Subsections (3) through (5)] this section, and
247     notice that the alleged perpetrator will not be released, before appearing before the court with
248     jurisdiction over the offense for which the alleged perpetrator was arrested, unless:
249          (i) the alleged perpetrator enters into a [written] jail release agreement to comply with
250     the release conditions; or
251          (ii) the magistrate [orders] issues a jail release order that specifies the release
252     conditions;
253          (b) notification of the penalties for violation of any jail release agreement or jail release
254     court order;
255          [(c) notification that the alleged perpetrator is to personally appear in court on the next
256     day the court is open for business after the day of the arrest;]
257          [(d)] (c) the address of the appropriate court in the district or county in which the
258     alleged victim resides;
259          [(e)] (d) the availability and effect of any waiver of the release conditions; and
260          [(f)] (e) information regarding the availability of and procedures for obtaining civil and
261     criminal protective orders with or without the assistance of an attorney.
262          (11) At the time an arrest is made for a qualifying offense , the arresting officer shall
263     provide the alleged perpetrator with written notice containing:
264          (a) notification that the alleged perpetrator may not contact the alleged victim before
265     being released;
266          (b) the release conditions described in [Subsections (3) through (5)] this section and
267     notice that the alleged perpetrator will not be released, before appearing before the court with
268     jurisdiction over the offense for which the alleged perpetrator was arrested, unless:
269          (i) the alleged perpetrator enters into a [written] jail release agreement to comply with
270     the release conditions; or
271          (ii) the magistrate [orders the release conditions] issues a jail release court order;
272          (c) notification of the penalties for violation of any jail release agreement or jail release
273     court order; and
274          (d) notification that the alleged perpetrator is to personally appear in court on the next
275     day the court is open for business after the day of the arrest.
276          (12) (a) A pretrial or sentencing protective order supercedes a jail release agreement or
277     jail release court order.
278          (b) If a court dismisses the charges for the qualifying offense that gave rise to a jail
279     release agreement or jail release court order, the court shall dismiss the jail release agreement
280     or jail release court order.
281          [(13) In addition to the provisions of Subsections (3) through (12), because of the
282     unique and highly emotional nature of domestic violence crimes, the high recidivism rate of
283     violent offenders, and the demonstrated increased risk of continued acts of violence subsequent
284     to the release of an offender who has been arrested for domestic violence, it is the finding of
285     the Legislature that domestic violence crimes, as defined in Section 77-36-1, are crimes for
286     which bail may be denied if there is substantial evidence to support the charge, and if the court
287     finds by clear and convincing evidence that the alleged perpetrator would constitute a
288     substantial danger to an alleged victim of domestic violence if released on bail.]
289          [(14) The provisions of this section do]
290          (13) This section does not apply if the [person] individual arrested for the qualifying
291     offense is a minor, unless the qualifying offense is domestic violence.
292          Section 3. Section 77-36-1 is amended to read:
293          77-36-1. Definitions.
294          As used in this chapter:
295          (1) "Cohabitant" means the same as that term is defined in Section 78B-7-102.
296          (2) "Department" means the Department of Public Safety.
297          (3) "Divorced" means an individual who has obtained a divorce under Title 30, Chapter
298     3, Divorce.
299          (4) "Domestic violence" or "domestic violence offense" means any criminal offense
300     involving violence or physical harm or threat of violence or physical harm, or any attempt,
301     conspiracy, or solicitation to commit a criminal offense involving violence or physical harm,
302     when committed by one cohabitant against another. "Domestic violence" or "domestic
303     violence offense" [also means] includes commission or attempt to commit, any of the
304     following offenses by one cohabitant against another:
305          (a) aggravated assault, as described in Section 76-5-103;
306          (b) assault, as described in Section 76-5-102;
307          (c) criminal homicide, as described in Section 76-5-201;
308          (d) harassment, as described in Section 76-5-106;
309          (e) electronic communication harassment, as described in Section 76-9-201;
310          (f) kidnapping, child kidnapping, or aggravated kidnapping, as described in Sections
311     76-5-301, 76-5-301.1, and 76-5-302;
312          (g) mayhem, as described in Section 76-5-105;
313          (h) sexual offenses, as described in Title 76, Chapter 5, Part 4, Sexual Offenses, and
314     Section 76-5b-201, Sexual exploitation of a minor -- Offenses;
315          (i) stalking, as described in Section 76-5-106.5;
316          (j) unlawful detention or unlawful detention of a minor, as described in Section
317     76-5-304;
318          (k) violation of a protective order or ex parte protective order, as described in Section
319     76-5-108;
320          (l) any offense against property described in Title 76, Chapter 6, Part 1, Property
321     Destruction, Title 76, Chapter 6, Part 2, Burglary and Criminal Trespass, or Title 76, Chapter 6,
322     Part 3, Robbery;
323          (m) possession of a deadly weapon with criminal intent, as described in Section
324     76-10-507;
325          (n) discharge of a firearm from a vehicle, near a highway, or in the direction of any
326     person, building, or vehicle, as described in Section 76-10-508;
327          (o) disorderly conduct, as defined in Section 76-9-102, if a conviction of disorderly
328     conduct is the result of a plea agreement in which the defendant was originally charged with a
329     domestic violence offense otherwise described in this Subsection (4), except that a conviction
330     of disorderly conduct as a domestic violence offense, in the manner described in this
331     Subsection (4)(o), does not constitute a misdemeanor crime of domestic violence under 18
332     U.S.C. Sec. 921, and is exempt from the federal Firearms Act, 18 U.S.C. Sec. 921 et seq.;
333          (p) child abuse, as described in Section 76-5-109.1;
334          (q) threatening use of a dangerous weapon, as described in Section 76-10-506;
335          (r) threatening violence, as described in Section 76-5-107;
336          (s) tampering with a witness, as described in Section 76-8-508;
337          (t) retaliation against a witness or victim, as described in Section 76-8-508.3;
338          (u) unlawful distribution of an intimate image, as described in Section 76-5b-203;
339          (v) sexual battery, as described in Section 76-9-702.1;
340          (w) voyeurism, as described in Section 76-9-702.7;
341          (x) damage to or interruption of a communication device, as described in Section
342     76-6-108; or
343          (y) an offense described in Section 77-20-3.5.
344          (5) "Jail release agreement" means the same as that term is defined in Section
345     77-20-3.5.
346          (6) "Jail release court order" means the same as that term is defined in Section
347     77-20-3.5.
348          (7) "Marital status" means married and living together, divorced, separated, or not
349     married.
350          (8) "Married and living together" means a couple whose marriage was solemnized
351     under Section 30-1-4 or 30-1-6 and who are living in the same residence.
352          (9) "Not married" means any living arrangement other than married and living together,
353     divorced, or separated.
354          (10) "Protective order" includes an order issued under Subsection 77-36-5.1(6).
355          (11) "Pretrial protective order" means a written order:
356          (a) specifying and limiting the contact a person who has been charged with a domestic
357     violence offense may have with an alleged victim or other specified individuals; and
358          (b) specifying other conditions of release pursuant to [Subsection 77-20-3.5(3)] Section
359     77-20-3.5, Subsection 77-36-2.6(3), or Section 77-36-2.7, pending trial in the criminal case.
360          (12) "Sentencing protective order" means a written order of the court as part of
361     sentencing in a domestic violence case that limits the contact a person who has been convicted
362     of a domestic violence offense may have with a victim or other specified individuals pursuant
363     to Sections 77-36-5 and 77-36-5.1.
364          (13) "Separated" means a couple who have had their marriage solemnized under
365     Section 30-1-4 or 30-1-6 and who are not living in the same residence.
366          (14) "Victim" means a cohabitant who has been subjected to domestic violence.
367          Section 4. Section 77-36-2.7 is amended to read:
368          77-36-2.7. Dismissal -- Diversion prohibited -- Plea in abeyance -- Pretrial
369     protective order pending trial.
370          (1) Because of the serious nature of domestic violence, the court, in domestic violence
371     actions:
372          (a) may not dismiss any charge or delay disposition because of concurrent divorce or
373     other civil proceedings;
374          (b) may not require proof that either party is seeking a dissolution of marriage before
375     instigation of criminal proceedings;
376          (c) shall waive any requirement that the victim's location be disclosed other than to the
377     defendant's attorney and order the defendant's attorney not to disclose the victim's location to
378     the client;
379          (d) shall identify, on the docket sheets, the criminal actions arising from acts of
380     domestic violence; and
381          [(e) may dismiss a charge on stipulation of the prosecutor and the victim; and]
382          [(f)] (e) may hold a plea in abeyance, in accordance with the provisions of Chapter 2a,
383     Pleas in Abeyance, making treatment or any other requirement for the defendant a condition of
384     that status.
385          (2) When the court holds a plea in abeyance in accordance with Subsection (1)[(f)](e),
386     the case against a perpetrator of domestic violence may be dismissed only if the perpetrator
387     successfully completes all conditions imposed by the court. If the defendant fails to complete
388     any condition imposed by the court under Subsection (1)[(f)](e), the court may accept the
389     defendant's plea.
390          (3) (a) Because of the likelihood of repeated violence directed at those who have been
391     victims of domestic violence in the past and the vulnerability of victims of other qualifying
392     offenses, as defined in Section 77-20-3.5, when any defendant is charged with a crime
393     involving [domestic violence] a qualifying offense, the court may, during any court hearing
394     where the defendant is present, issue a pretrial protective order, pending trial:
395          (i) enjoining the defendant from threatening to commit or committing acts of domestic
396     violence or abuse against the victim and any designated family or household member;
397          (ii) prohibiting the defendant from harassing, telephoning, contacting, or otherwise
398     communicating with the victim, directly or indirectly;
399          (iii) removing and excluding the defendant from the victim's residence and the
400     premises of the residence;
401          (iv) ordering the defendant to stay away from the residence, school, place of
402     employment of the victim, and the premises of any of these, or any specified place frequented
403     by the victim and any designated family member; and
404          (v) ordering any other relief that the court considers necessary to protect and provide
405     for the safety of the victim and any designated family or household member.
406          (b) Violation of an order issued pursuant to this section is punishable as follows:
407          (i) if the original arrest or subsequent charge filed is a felony, an offense under this
408     section is a third degree felony; and
409          (ii) if the original arrest or subsequent charge filed is a misdemeanor, an offense under
410     this section is a class A misdemeanor.
411          (c) (i) The court shall provide the victim with a certified copy of any pretrial protective
412     order that has been issued if the victim can be located with reasonable effort.
413          (ii) If the court is unable to locate the victim, the court shall provide the victim's
414     certified copy to the prosecutor.
415          [(ii)] (iii) The court shall [also] transmit the pretrial protective order to the statewide
416     domestic violence network.
417          (d) Issuance of a pretrial or sentencing protective order [supercedes] supersedes a jail
418     release agreement or jail release court order.
419          (e) If the alleged victim and the defendant share custody of one or more minor children,
420     the court may include in a pretrial protective order provisions for indirect or limited contact to
421     temporarily facilitate parent visitation with a minor child.
422          (f) In a pretrial protective order the court shall determine whether to allow provisions
423     for transfer of personal property to decrease the need for contact between the parties.
424          (4) (a) When a court dismisses criminal charges or a prosecutor moves to dismiss
425     charges against a defendant accused of a domestic violence offense, the specific reasons for
426     dismissal shall be recorded in the court file and made a part of any related order or agreement
427     on the statewide domestic violence network described in Section 78B-7-113.
428          (b) The court shall transmit the dismissal to the statewide domestic violence network.
429          (c) Any pretrial protective orders, including jail release court orders and jail release
430     agreements, related to the dismissed domestic violence criminal charge shall also be dismissed.
431          [(5) When the privilege of confidential communication between spouses, or the
432     testimonial privilege of spouses is invoked in any criminal proceeding in which a spouse is the
433     victim of an alleged domestic violence offense, the victim shall be considered to be an
434     unavailable witness under the Utah Rules of Evidence.]
435          [(6)] (5) The court may not approve diversion for a perpetrator of domestic violence.