Representative Kim F. Coleman proposes the following substitute bill:


1     
DOMESTIC VIOLENCE ENHANCEMENT AMENDMENTS

2     
2019 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Stephanie Pitcher

5     
Senate Sponsor: Karen Mayne

6     Cosponsor:
Mike Winder

7     

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

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