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8 LONG TITLE
9 General Description:
10 This bill addresses protective orders and stalking injunctions.
11 Highlighted Provisions:
12 This bill:
13 ▸ creates and modifies definitions;
14 ▸ modifies provisions relating to an individual's right to bail after violation of a jail
15 release agreement or jail release court order;
16 ▸ modifies and enacts provisions relating to the Administrative Office of the Court's
17 duty to provide forms to an individual seeking a civil or criminal protective order or
18 civil or criminal stalking injunction;
19 ▸ extends the length of time the following are effective:
20 • a child protective order issued against a respondent who is not the child's parent,
21 guardian, or custodian;
22 • a dating violence protective order;
23 • a sexual violence protective order; and
24 • a cohabitant abuse protective order;
25 ▸ modifies the circumstances under which a child protective order may be sought,
26 issued, modified, and vacated;
27 ▸ modifies the orders the court may include as part of a child protective order;
28 ▸ after issuance or denial of an ex parte protective order, modifies the time period
29 within which the petitioner is required to request a hearing for the protective order
30 and the time period within which the court is required to set a hearing date for the petition for
31 the protective order;
32 ▸ modifies and deletes provisions relating to expiration and modification of a
33 cohabitant abuse protective order;
34 ▸ modifies the circumstances under which a sexual violence protective order may be
35 extended;
36 ▸ modifies the penalty for a violation of a sentencing protective order and a
37 continuous protective order;
38 ▸ under certain circumstances, allows the court to issue a continuous protective order
39 against a perpetrator of an offense that is not domestic violence;
40 ▸ renumbers and amends provisions relating to criminal protective orders, civil
41 protective orders, and stalking injunctions; and
42 ▸ makes technical and conforming changes.
43 Money Appropriated in this Bill:
44 None
45 Other Special Clauses:
46 This bill provides a special effective date.
47 This bill provides a coordination clause.
48 Utah Code Sections Affected:
49 AMENDS:
50 30-3-3, as last amended by Laws of Utah 2008, Chapter 3
51 53-10-208, as last amended by Laws of Utah 2019, Chapters 33 and 365
52 53-10-208.1, as last amended by Laws of Utah 2019, Chapters 33 and 365
53 53-10-213, as enacted by Laws of Utah 2019, Chapter 33
54 53-10-403, as last amended by Laws of Utah 2017, Chapter 289
55 57-22-5.1, as last amended by Laws of Utah 2018, Chapter 255
56 76-5-106.5, as last amended by Laws of Utah 2018, Chapter 255
57 76-5-108, as last amended by Laws of Utah 2018, Chapter 255
58 77-20-1, as last amended by Laws of Utah 2019, Chapters 184 and 397
59 77-20-10, as last amended by Laws of Utah 2016, Chapter 234
60 77-36-1, as last amended by Laws of Utah 2019, Chapters 184 and 422
61 77-36-2.1, as last amended by Laws of Utah 2018, Chapter 255
62 77-36-2.4, as last amended by Laws of Utah 2017, Chapters 289 and 332
63 77-36-2.6, as last amended by Laws of Utah 2017, Chapter 332
64 77-36-2.7, as last amended by Laws of Utah 2019, Chapter 184
65 77-36-5, as last amended by Laws of Utah 2017, Chapter 332
66 77-36-5.1, as last amended by Laws of Utah 2018, Chapter 124
67 77-36-6, as last amended by Laws of Utah 2017, Chapter 289
68 77-38-403, as enacted by Laws of Utah 2019, Chapter 361
69 78A-6-103, as last amended by Laws of Utah 2019, Chapter 300
70 78A-6-114, as renumbered and amended by Laws of Utah 2008, Chapter 3
71 78A-6-123, as enacted by Laws of Utah 2017, Chapter 330
72 78B-7-101, as enacted by Laws of Utah 2008, Chapter 3
73 78B-7-102, as last amended by Laws of Utah 2018, Chapter 255
74 78B-7-104, as renumbered and amended by Laws of Utah 2008, Chapter 3
75 78B-7-105, as last amended by Laws of Utah 2018, Chapters 124 and 255
76 78B-7-109, as last amended by Laws of Utah 2018, Chapter 255
77 78B-7-112, as renumbered and amended by Laws of Utah 2008, Chapter 3
78 78B-7-113, as last amended by Laws of Utah 2013, Chapter 196
79 78B-7-201, as last amended by Laws of Utah 2019, Chapter 365
80 78B-7-202, as last amended by Laws of Utah 2014, Chapter 267
81 78B-7-203, as last amended by Laws of Utah 2010, Chapter 34
82 78B-7-204, as last amended by Laws of Utah 2008, Chapter 115 and renumbered and
83 amended by Laws of Utah 2008, Chapter 3
84 78B-7-205, as last amended by Laws of Utah 2011, Chapter 208
85 78B-7-402, as enacted by Laws of Utah 2013, Chapter 179
86 78B-7-403, as enacted by Laws of Utah 2013, Chapter 179
87 78B-7-404, as enacted by Laws of Utah 2013, Chapter 179
88 78B-7-405, as last amended by Laws of Utah 2014, Chapter 263
89 78B-7-407, as enacted by Laws of Utah 2013, Chapter 179
90 78B-7-409, as enacted by Laws of Utah 2018, Chapter 255
91 78B-7-502, as enacted by Laws of Utah 2019, Chapter 365
92 78B-7-504, as enacted by Laws of Utah 2019, Chapter 365
93 78B-7-505, as enacted by Laws of Utah 2019, Chapter 365
94 78B-7-508, as enacted by Laws of Utah 2019, Chapter 365
95 78B-19-107, as enacted by Laws of Utah 2010, Chapter 382
96 ENACTS:
97 78B-7-105.5, Utah Code Annotated 1953
98 78B-7-118, Utah Code Annotated 1953
99 78B-7-119, Utah Code Annotated 1953
100 78B-7-601, Utah Code Annotated 1953
101 78B-7-607, Utah Code Annotated 1953
102 78B-7-801, Utah Code Annotated 1953
103 78B-7-803, Utah Code Annotated 1953
104 78B-7-804, Utah Code Annotated 1953
105 78B-7-805, Utah Code Annotated 1953
106 78B-7-806, Utah Code Annotated 1953
107 78B-7-807, Utah Code Annotated 1953
108 78B-7-901, Utah Code Annotated 1953
109 78B-7-902, Utah Code Annotated 1953
110 78B-7-903, Utah Code Annotated 1953
111 78B-7-904, Utah Code Annotated 1953
112 RENUMBERS AND AMENDS:
113 78B-7-117, (Renumbered from 77-36-5.3, as enacted by Laws of Utah 2018, Chapter
114 124)
115 78B-7-602, (Renumbered from 78B-7-103, as renumbered and amended by Laws of
116 Utah 2008, Chapter 3)
117 78B-7-603, (Renumbered from 78B-7-106, as last amended by Laws of Utah 2019,
118 Chapters 33 and 429)
119 78B-7-604, (Renumbered from 78B-7-107, as last amended by Laws of Utah 2019,
120 Chapter 136)
121 78B-7-605, (Renumbered from 78B-7-115, as last amended by Laws of Utah 2019,
122 Chapter 263)
123 78B-7-606, (Renumbered from 78B-7-115.5, as last amended by Laws of Utah 2019,
124 Chapter 263)
125 78B-7-608, (Renumbered from 78B-7-110, as renumbered and amended by Laws of
126 Utah 2008, Chapter 3)
127 78B-7-609, (Renumbered from 78B-7-111, as renumbered and amended by Laws of
128 Utah 2008, Chapter 3)
129 78B-7-701, (Renumbered from 77-3a-101, as last amended by Laws of Utah 2012,
130 Chapter 383)
131 78B-7-702, (Renumbered from 77-3a-101.1, as enacted by Laws of Utah 2018, Chapter
132 255)
133 78B-7-703, (Renumbered from 77-3a-103, as enacted by Laws of Utah 2001, Chapter
134 276)
135 78B-7-802, (Renumbered from 77-20-3.5, as last amended by Laws of Utah 2019,
136 Chapter 184)
137 REPEALS:
138 77-3a-102, as enacted by Laws of Utah 2001, Chapter 276
139 78B-7-114, as renumbered and amended by Laws of Utah 2008, Chapter 3
140 78B-7-401, as enacted by Laws of Utah 2013, Chapter 179
141 78B-7-406, as enacted by Laws of Utah 2013, Chapter 179
142 78B-7-501, as enacted by Laws of Utah 2019, Chapter 365
143 78B-7-507, as enacted by Laws of Utah 2019, Chapter 365
144 Utah Code Sections Affected by Coordination Clause:
145 77-20-1, as last amended by Laws of Utah 2019, Chapters 184 and 397
146
147 Be it enacted by the Legislature of the state of Utah:
148 Section 1. Section 30-3-3 is amended to read:
149 30-3-3. Award of costs, attorney and witness fees -- Temporary alimony.
150 (1) In any action filed under Title 30, Chapter 3, Divorce, Chapter 4, Separate
151 Maintenance, or Title 78B, Chapter 7, [
152 Protective Orders, and in any action to establish an order of custody, parent-time, child support,
153 alimony, or division of property in a domestic case, the court may order a party to pay the costs,
154 attorney fees, and witness fees, including expert witness fees, of the other party to enable the
155 other party to prosecute or defend the action. The order may include provision for costs of the
156 action.
157 (2) In any action to enforce an order of custody, parent-time, child support, alimony, or
158 division of property in a domestic case, the court may award costs and attorney fees upon
159 determining that the party substantially prevailed upon the claim or defense. The court, in its
160 discretion, may award no fees or limited fees against a party if the court finds the party is
161 impecunious or enters in the record the reason for not awarding fees.
162 (3) In any action listed in Subsection (1), the court may order a party to provide money,
163 during the pendency of the action, for the separate support and maintenance of the other party
164 and of any children in the custody of the other party.
165 (4) Orders entered under this section prior to entry of the final order or judgment may
166 be amended during the course of the action or in the final order or judgment.
167 Section 2. Section 53-10-208 is amended to read:
168 53-10-208. Definition -- Offenses included on statewide warrant system --
169 Transportation fee to be included -- Statewide warrant system responsibility -- Quality
170 control -- Training -- Technical support -- Transaction costs.
171 (1) "Statewide warrant system" means the portion of the state court computer system
172 that is accessible by modem from the state mainframe computer and contains:
173 (a) records of criminal warrant information; and
174 (b) after notice and hearing, records of protective orders issued pursuant to:
175 (i) Title 77, Chapter 36, Cohabitant Abuse Procedures Act;
176 [
177 [
178 Orders;
179 [
180 Orders; or
181 (iv) Title 78B, Chapter 7, Part 6, Cohabitant Abuse Protective Orders.
182 (2) (a) The division shall include on the statewide warrant system all warrants issued
183 for felony offenses and class A, B, and C misdemeanor offenses in the state.
184 (b) The division shall include on the statewide warrant system all warrants issued for
185 failure to appear on a traffic citation as ordered by a magistrate under Subsection 77-7-19(3).
186 (c) For each warrant, the division shall indicate whether the magistrate ordered under
187 Section 77-7-5 and Rule 6, Utah Rules of Criminal Procedure, that the accused appear in court.
188 (3) The division is the agency responsible for the statewide warrant system and shall:
189 (a) ensure quality control of all warrants of arrest or commitment and protective orders
190 contained in the statewide warrant system by conducting regular validation checks with every
191 clerk of a court responsible for entering the information on the system;
192 (b) upon the expiration of the protective orders and in the manner prescribed by the
193 division, purge information regarding protective orders described in Subsection
194 53-10-208.1(1)(d) within 30 days of the time after expiration;
195 (c) establish system procedures and provide training to all criminal justice agencies
196 having access to information contained on the state warrant system;
197 (d) provide technical support, program development, and systems maintenance for the
198 operation of the system; and
199 (e) pay data processing and transaction costs for state, county, and city law
200 enforcement agencies and criminal justice agencies having access to information contained on
201 the state warrant system.
202 (4) (a) Any data processing or transaction costs not funded by legislative appropriation
203 shall be paid on a pro rata basis by all agencies using the system during the fiscal year.
204 (b) This Subsection (4) supersedes any conflicting provision in Subsection (3)(e).
205 Section 3. Section 53-10-208.1 is amended to read:
206 53-10-208.1. Magistrates and court clerks to supply information.
207 (1) Every magistrate or clerk of a court responsible for court records in this state shall,
208 within 30 days of the disposition and on forms and in the manner provided by the division,
209 furnish the division with information pertaining to:
210 (a) all dispositions of criminal matters, including:
211 (i) guilty pleas;
212 (ii) convictions;
213 (iii) dismissals;
214 (iv) acquittals;
215 (v) pleas held in abeyance;
216 (vi) judgments of not guilty by reason of insanity[
217 (vii) judgments of guilty with a mental illness;
218 (viii) finding of mental incompetence to stand trial; and
219 (ix) probations granted;
220 (b) orders of civil commitment under the terms of Section 62A-15-631;
221 (c) the issuance, recall, cancellation, or modification of all warrants of arrest or
222 commitment as described in Rule 6, Utah Rules of Criminal Procedure and Section 78B-6-303,
223 within one day of the action and in a manner provided by the division; and
224 (d) protective orders issued after notice and hearing, pursuant to:
225 (i) Title 77, Chapter 36, Cohabitant Abuse Procedures Act;
226 [
227 [
228 Orders;
229 [
230 Orders; or
231 (iv) Title 78B, Chapter 7, Part 6, Cohabitant Abuse Protective Orders.
232 (2) The court in the county where a determination or finding was made shall transmit a
233 record of the determination or finding to the bureau no later than 48 hours after the
234 determination is made, excluding Saturdays, Sundays, and legal holidays, if an individual is:
235 (a) adjudicated as a mental defective; or
236 (b) involuntarily committed to a mental institution in accordance with Subsection
237 62A-15-631(16).
238 (3) The record described in Subsection (2) shall include:
239 (a) an agency record identifier;
240 (b) the individual's name, sex, race, and date of birth; and
241 (c) the individual's social security number, government issued driver license or
242 identification number, alien registration number, government passport number, state
243 identification number, or FBI number.
244 Section 4. Section 53-10-213 is amended to read:
245 53-10-213. Reporting requirements.
246 (1) The bureau shall submit the record received from the court in accordance with
247 Subsection [
248 hours of receipt, excluding Saturdays, Sundays, and legal holidays.
249 (2) The bureau shall submit the record received from the court in accordance with
250 Subsection 53-10-208.1(2) to the National Instant Criminal Background Check System within
251 48 hours of receipt, excluding Saturdays, Sundays, and legal holidays.
252 Section 5. Section 53-10-403 is amended to read:
253 53-10-403. DNA specimen analysis -- Application to offenders, including minors.
254 (1) Sections 53-10-404, 53-10-404.5, 53-10-405, and 53-10-406 apply to any person
255 who:
256 (a) has pled guilty to or has been convicted of any of the offenses under Subsection
257 (2)(a) or (b) on or after July 1, 2002;
258 (b) has pled guilty to or has been convicted by any other state or by the United States
259 government of an offense which if committed in this state would be punishable as one or more
260 of the offenses listed in Subsection (2)(a) or (b) on or after July 1, 2003;
261 (c) has been booked on or after January 1, 2011, through December 31, 2014, for any
262 offense under Subsection (2)(c);
263 (d) has been booked:
264 (i) by a law enforcement agency that is obtaining a DNA specimen on or after May 13,
265 2014, through December 31, 2014, under Subsection 53-10-404(4)(b) for any felony offense; or
266 (ii) on or after January 1, 2015, for any felony offense; or
267 (e) is a minor under Subsection (3).
268 (2) Offenses referred to in Subsection (1) are:
269 (a) any felony or class A misdemeanor under the Utah Code;
270 (b) any offense under Subsection (2)(a):
271 (i) for which the court enters a judgment for conviction to a lower degree of offense
272 under Section 76-3-402; or
273 (ii) regarding which the court allows the defendant to enter a plea in abeyance as
274 defined in Section 77-2a-1; or
275 (c) (i) any violent felony as defined in Section 53-10-403.5;
276 (ii) sale or use of body parts, Section 26-28-116;
277 (iii) failure to stop at an accident that resulted in death, Section 41-6a-401.5;
278 (iv) driving with any amount of a controlled substance in a person's body and causing
279 serious bodily injury or death, Subsection 58-37-8(2)(g);
280 (v) a felony violation of enticing a minor over the Internet, Section 76-4-401;
281 (vi) a felony violation of propelling a substance or object at a correctional officer, a
282 peace officer, or an employee or a volunteer, including health care providers, Section
283 76-5-102.6;
284 (vii) aggravated human trafficking and aggravated human smuggling, Section
285 76-5-310;
286 (viii) a felony violation of unlawful sexual activity with a minor, Section 76-5-401;
287 (ix) a felony violation of sexual abuse of a minor, Section 76-5-401.1;
288 (x) unlawful sexual contact with a 16 or 17-year old, Section 76-5-401.2;
289 (xi) sale of a child, Section 76-7-203;
290 (xii) aggravated escape, Subsection 76-8-309(2);
291 (xiii) a felony violation of assault on an elected official, Section 76-8-315;
292 (xiv) influencing, impeding, or retaliating against a judge or member of the Board of
293 Pardons and Parole, Section 76-8-316;
294 (xv) advocating criminal syndicalism or sabotage, Section 76-8-902;
295 (xvi) assembly for advocating criminal syndicalism or sabotage, Section 76-8-903;
296 (xvii) a felony violation of sexual battery, Section 76-9-702.1;
297 (xviii) a felony violation of lewdness involving a child, Section 76-9-702.5;
298 (xix) a felony violation of abuse or desecration of a dead human body, Section
299 76-9-704;
300 (xx) manufacture, possession, sale, or use of a weapon of mass destruction, Section
301 76-10-402;
302 (xxi) manufacture, possession, sale, or use of a hoax weapon of mass destruction,
303 Section 76-10-403;
304 (xxii) possession of a concealed firearm in the commission of a violent felony,
305 Subsection 76-10-504(4);
306 (xxiii) assault with the intent to commit bus hijacking with a dangerous weapon,
307 Subsection 76-10-1504(3);
308 (xxiv) commercial obstruction, Subsection 76-10-2402(2);
309 (xxv) a felony violation of failure to register as a sex or kidnap offender, Section
310 77-41-107;
311 (xxvi) repeat violation of a protective order, Subsection 77-36-1.1(2)(c); or
312 (xxvii) violation of condition for release after arrest under Section [
313 78B-7-802 .
314 (3) A minor under Subsection (1) is a minor 14 years of age or older whom a Utah
315 court has adjudicated to be within the jurisdiction of the juvenile court due to the commission
316 of any offense described in Subsection (2), and who is:
317 (a) within the jurisdiction of the juvenile court on or after July 1, 2002 for an offense
318 under Subsection (2); or
319 (b) in the legal custody of the Division of Juvenile Justice Services on or after July 1,
320 2002 for an offense under Subsection (2).
321 Section 6. Section 57-22-5.1 is amended to read:
322 57-22-5.1. Crime victim's right to new locks -- Domestic violence victim's right to
323 terminate rental agreement -- Limits an owner relating to assistance from public safety
324 agency.
325 (1) As used in this section:
326 (a) "Crime victim" means a victim of:
327 (i) domestic violence, as defined in Section 77-36-1;
328 (ii) stalking, as defined in Section 76-5-106.5;
329 (iii) a crime under Title 76, Chapter 5, Part 4, Sexual Offenses;
330 (iv) burglary or aggravated burglary under Section 76-6-202 or 76-6-203; or
331 (v) dating violence, as defined in Section [
332 (b) "Public safety agency" means a governmental entity that provides fire protection,
333 law enforcement, ambulance, medical, or similar service.
334 (2) An acceptable form of documentation of an act listed in Subsection (1) is:
335 (a) a protective order protecting the renter issued pursuant to Title 78B, Chapter 7,
336 [
337 hearing of which the petitioner and respondent have been given notice under Title 78B,
338 Chapter 7, [
339 (b) a copy of a police report documenting an act listed in Subsection (1).
340 (3) (a) A renter who is a crime victim may require the renter's owner to install a new
341 lock to the renter's residential rental unit if the renter:
342 (i) provides the owner with an acceptable form of documentation of an act listed in
343 Subsection (1); and
344 (ii) pays for the cost of installing the new lock.
345 (b) An owner may comply with Subsection (3)(a) by:
346 (i) rekeying the lock if the lock is in good working condition; or
347 (ii) changing the entire locking mechanism with a locking mechanism of equal or
348 greater quality than the lock being replaced.
349 (c) An owner who installs a new lock under Subsection (3)(a) may retain a copy of the
350 key that opens the new lock.
351 (d) Notwithstanding any rental agreement, an owner who installs a new lock under
352 Subsection (3)(a) shall refuse to provide a copy of the key that opens the new lock to the
353 perpetrator of the act listed in Subsection (1).
354 (e) Notwithstanding Section 78B-6-814, if an owner refuses to provide a copy of the
355 key under Subsection (3)(d) to a perpetrator who is not barred from the residential rental unit
356 by a protective order but is a renter on the rental agreement, the perpetrator may file a petition
357 with a court of competent jurisdiction within 30 days to:
358 (i) establish whether the perpetrator should be given a key and allowed access to the
359 residential rental unit; or
360 (ii) whether the perpetrator should be relieved of further liability under the rental
361 agreement because of the owner's exclusion of the perpetrator from the residential rental unit.
362 (f) Notwithstanding Subsection (3)(e)(ii), a perpetrator may not be relieved of further
363 liability under the rental agreement if the perpetrator is found by the court to have committed
364 the act upon which the landlord's exclusion of the perpetrator is based.
365 (4) A renter who is a victim of domestic violence, as defined in Section 77-36-1, may
366 terminate a rental agreement if the renter:
367 (a) is in compliance with:
368 (i) all provisions of Section 57-22-5; and
369 (ii) all obligations under the rental agreement;
370 (b) provides the owner:
371 (i) written notice of termination; and
372 (ii) a protective order protecting the renter from a domestic violence perpetrator or a
373 copy of a police report documenting that the renter is a victim of domestic violence and did not
374 participate in the violence; and
375 (c) no later than the date that the renter provides a notice of termination under
376 Subsection (4)(b)(i), pays the owner the equivalent of 45 days' rent for the period beginning on
377 the date that the renter provides the notice of termination.
378 (5) An owner may not:
379 (a) impose a restriction on a renter's ability to request assistance from a public safety
380 agency; or
381 (b) penalize or evict a renter because the renter makes reasonable requests for
382 assistance from a public safety agency.
383 Section 7. Section 76-5-106.5 is amended to read:
384 76-5-106.5. Stalking -- Definitions -- Injunction -- Penalties -- Duties of law
385 enforcement officer.
386 (1) As used in this section:
387 [
388 [
389 [
390 [
391 [
392 [
393 person, including:
394 (i) acts in which the actor follows, monitors, observes, photographs, surveils, threatens,
395 or communicates to or about a person, or interferes with a person's property:
396 (A) directly, indirectly, or through any third party; and
397 (B) by any action, method, device, or means; or
398 (ii) when the actor engages in any of the following acts or causes someone else to
399 engage in any of these acts:
400 (A) approaches or confronts a person;
401 (B) appears at the person's workplace or contacts the person's employer or coworkers;
402 (C) appears at a person's residence or contacts a person's neighbors, or enters property
403 owned, leased, or occupied by a person;
404 (D) sends material by any means to the person or for the purpose of obtaining or
405 disseminating information about or communicating with the person to a member of the person's
406 family or household, employer, coworker, friend, or associate of the person;
407 (E) places an object on or delivers an object to property owned, leased, or occupied by
408 a person, or to the person's place of employment with the intent that the object be delivered to
409 the person; or
410 (F) uses a computer, the Internet, text messaging, or any other electronic means to
411 commit an act that is a part of the course of conduct.
412 [
413 whether or not medical or other professional treatment or counseling is required.
414 [
415 who regularly resides in the household or who regularly resided in the household within the
416 prior six months.
417 [
418 [
419 [
420 or more electronic images sent by the actor from a telephone or computer to another person's
421 telephone or computer by addressing the communication to the recipient's telephone number.
422 (2) A person is guilty of stalking who intentionally or knowingly engages in a course of
423 conduct directed at a specific person and knows or should know that the course of conduct
424 would cause a reasonable person:
425 (a) to fear for the person's own safety or the safety of a third person; or
426 (b) to suffer other emotional distress.
427 (3) A person is guilty of stalking who intentionally or knowingly violates:
428 (a) a stalking injunction issued [
429 under Title 78B, Chapter 7, Part 7, Civil Stalking Injunctions; or
430 (b) a permanent criminal stalking injunction issued [
431 Title 78B, Chapter 7, Part 9, Criminal Stalking Injunctions.
432 (4) In any prosecution under this section, it is not a defense that the actor:
433 (a) was not given actual notice that the course of conduct was unwanted; or
434 (b) did not intend to cause the victim fear or other emotional distress.
435 (5) An offense of stalking may be prosecuted under this section in any jurisdiction
436 where one or more of the acts that is part of the course of conduct was initiated or caused an
437 effect on the victim.
438 (6) Stalking is a class A misdemeanor:
439 (a) upon the offender's first violation of Subsection (2); or
440 (b) if the offender violated a stalking injunction issued [
441
442 (7) Stalking is a third degree felony if the offender:
443 (a) has been previously convicted of an offense of stalking;
444 (b) has been previously convicted in another jurisdiction of an offense that is
445 substantially similar to the offense of stalking;
446 (c) has been previously convicted of any felony offense in Utah or of any crime in
447 another jurisdiction which if committed in Utah would be a felony, in which the victim of the
448 stalking offense or a member of the victim's immediate family was also a victim of the
449 previous felony offense;
450 (d) violated a permanent criminal stalking injunction issued [
451
452 (e) has been or is at the time of the offense a cohabitant, as defined in Section
453 78B-7-102, of the victim.
454 (8) Stalking is a second degree felony if the offender:
455 (a) used a dangerous weapon as defined in Section 76-1-601 or used other means or
456 force likely to produce death or serious bodily injury, in the commission of the crime of
457 stalking;
458 (b) has been previously convicted two or more times of the offense of stalking;
459 (c) has been convicted two or more times in another jurisdiction or jurisdictions of
460 offenses that are substantially similar to the offense of stalking;
461 (d) has been convicted two or more times, in any combination, of offenses under
462 Subsection (7)(a), (b), or (c);
463 (e) has been previously convicted two or more times of felony offenses in Utah or of
464 crimes in another jurisdiction or jurisdictions which, if committed in Utah, would be felonies,
465 in which the victim of the stalking was also a victim of the previous felony offenses; or
466 (f) has been previously convicted of an offense under Subsection (7)(d) or (e).
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516 (9) (a) A permanent criminal stalking injunction limiting the contact between the
517 defendant and victim may be filed in accordance with Section 78B-7-902.
518 [
519 stalking based on the same act which is the basis for the violation of the stalking injunction
520 issued [
521 Injunctions, or a permanent criminal stalking injunction issued under Title 78B, Chapter 7, Part
522 9, Criminal Stalking Injunctions.
523 [
524 shall use all reasonable means to protect the victim and prevent further violence, including:
525 (i) taking action that, in the officer's discretion, is reasonably necessary to provide for
526 the safety of the victim and any family or household member;
527 (ii) confiscating the weapon or weapons involved in the alleged stalking;
528 (iii) making arrangements for the victim and any child to obtain emergency housing or
529 shelter;
530 (iv) providing protection while the victim removes essential personal effects;
531 (v) arranging, facilitating, or providing for the victim and any child to obtain medical
532 treatment; and
533 (vi) arranging, facilitating, or providing the victim with immediate and adequate notice
534 of the rights of victims and of the remedies and services available to victims of stalking, in
535 accordance with Subsection [
536 (b) (i) A law enforcement officer shall give written notice to the victim in simple
537 language, describing the rights and remedies available under this section and Title [
538
539 (ii) The written notice shall also include:
540 (A) a statement that the forms needed in order to obtain a stalking injunction are
541 available from the court clerk's office in the judicial district where the victim resides or is
542 temporarily domiciled; and
543 (B) a list of shelters, services, and resources available in the appropriate community,
544 together with telephone numbers, to assist the victim in accessing any needed assistance.
545 (c) If a weapon is confiscated under this Subsection [
546 agency shall return the weapon to the individual from whom the weapon is confiscated if a
547 stalking injunction is not issued or once the stalking injunction is terminated.
548 Section 8. Section 76-5-108 is amended to read:
549 76-5-108. Protective orders restraining abuse of another -- Violation.
550 (1) Any person who is the respondent or defendant subject to a protective order, child
551 protective order, ex parte protective order, or ex parte child protective order issued under the
552 following who intentionally or knowingly violates that order after having been properly served
553 or having been present, in person or through court video conferencing, when the order was
554 issued, is guilty of a class A misdemeanor, except as a greater penalty may be provided in Title
555 77, Chapter 36, Cohabitant Abuse Procedures Act:
556 (a) Title 78A, Chapter 6, Juvenile Court Act;
557 [
558 Protective Orders;
559 [
560 (c) Title [
561 Criminal Protective Orders; or
562 (d) a foreign protection order enforceable under Title 78B, Chapter 7, Part 3, Uniform
563 Interstate Enforcement of Domestic Violence Protection Orders Act.
564 (2) Violation of an order as described in Subsection (1) is a domestic violence offense
565 under Section 77-36-1 and subject to increased penalties in accordance with Section 77-36-1.1.
566 Section 9. Section 77-20-1 is amended to read:
567 77-20-1. Right to bail -- Denial of bail -- Hearing.
568 (1) As used in this chapter:
569 (a) "Bail bond agency" means the same as that term is defined in Section 31A-35-102.
570 (b) "Surety" and "sureties" mean a surety insurer or a bail bond agency.
571 (c) "Surety insurer" means the same as that term is defined in Section 31A-35-102.
572 (2) An individual charged with or arrested for a criminal offense shall be admitted to
573 bail as a matter of right, except if the individual is charged with a:
574 (a) capital felony, when the court finds there is substantial evidence to support the
575 charge;
576 (b) felony committed while on probation or parole, or while free on bail awaiting trial
577 on a previous felony charge, when the court finds there is substantial evidence to support the
578 current felony charge;
579 (c) felony when there is substantial evidence to support the charge and the court finds
580 by clear and convincing evidence that the individual would constitute a substantial danger to
581 any other individual or to the community, or is likely to flee the jurisdiction of the court, if
582 released on bail;
583 (d) felony when the court finds there is substantial evidence to support the charge and
584 [
585 condition of release while previously on bail; or
586 (e) domestic violence offense if the court finds:
587 (i) that there is substantial evidence to support the charge; and
588 (ii) by clear and convincing evidence, that the individual would constitute a substantial
589 danger to an alleged victim of domestic violence if released on bail.
590 (3) Any individual who may be admitted to bail may be released by posting bail in the
591 form and manner provided in Section 77-20-4, or on the individual's own recognizance, on
592 condition that the individual appear in court for future court proceedings in the case, and on
593 any other conditions imposed in the discretion of the magistrate or court that will reasonably:
594 (a) ensure the appearance of the accused;
595 (b) ensure the integrity of the court process;
596 (c) prevent direct or indirect contact with witnesses or victims by the accused, if
597 appropriate; and
598 (d) ensure the safety of the public.
599 (4) (a) Except as otherwise provided, the initial order denying or fixing the amount of
600 bail shall be issued by the magistrate or court issuing the warrant of arrest.
601 (b) A magistrate may set bail upon determining that there was probable cause for a
602 warrantless arrest.
603 (c) A bail commissioner may set bail in a misdemeanor case in accordance with
604 Sections 10-3-920 and 17-32-1.
605 (d) An individual arrested for a violation of a jail release agreement or jail release court
606 order issued in accordance with Section [
607 [
608 [
609 (ii) if denied bail, may not be released before the individual's initial appearance before
610 the court.
611 (5) The magistrate or court may rely upon information contained in:
612 (a) the indictment or information;
613 (b) any sworn probable cause statement;
614 (c) information provided by any pretrial services agency; or
615 (d) any other reliable record or source.
616 (6) (a) A motion to modify the initial order may be made by a party at any time upon
617 notice to the opposing party sufficient to permit the opposing party to prepare for hearing and
618 to permit any victim to be notified and be present.
619 (b) Hearing on a motion to modify may be held in conjunction with a preliminary
620 hearing or any other pretrial hearing.
621 (c) The magistrate or court may rely on information as provided in Subsection (5) and
622 may base its ruling on evidence provided at the hearing so long as each party is provided an
623 opportunity to present additional evidence or information relevant to bail.
624 (7) Subsequent motions to modify bail orders may be made only upon a showing that
625 there has been a material change in circumstances.
626 (8) An appeal may be taken from an order of any court denying bail to the Supreme
627 Court, which shall review the determination under Subsection (2).
628 (9) For purposes of this section, any arrest or charge for a violation of Section
629 76-5-202, Aggravated murder, is a capital felony unless:
630 (a) the prosecutor files a notice of intent to not seek the death penalty; or
631 (b) the time for filing a notice to seek the death penalty has expired and the prosecutor
632 has not filed a notice to seek the death penalty.
633 Section 10. Section 77-20-10 is amended to read:
634 77-20-10. Grounds for detaining defendant while appealing the defendant's
635 conviction -- Conditions for release while on appeal.
636 (1) The court shall order that a defendant who has been found guilty of an offense in a
637 court of record and sentenced to a term of imprisonment in jail or prison, and who has filed an
638 appeal or a petition for a writ of certiorari, be detained, unless the court finds:
639 (a) the appeal raises a substantial question of law or fact likely to result in:
640 (i) reversal;
641 (ii) an order for a new trial; or
642 (iii) a sentence that does not include a term of imprisonment in jail or prison;
643 (b) the appeal is not for the purpose of delay; and
644 (c) by clear and convincing evidence presented by the defendant that the defendant is
645 not likely to flee the jurisdiction of the court, and will not pose a danger to the physical,
646 psychological, or financial and economic safety or well-being of any other person or the
647 community if released.
648 (2) If the court makes a finding under Subsection (1) that justifies not detaining the
649 defendant, the court shall order the release of the defendant, subject to conditions that result in
650 the least restrictive condition or combination of conditions that the court determines will
651 reasonably assure the appearance of the person as required and the safety of any other person
652 and the community. The conditions may include that the defendant:
653 (a) post appropriate bail;
654 (b) execute a bail bond with a surety under Title 31A, Chapter 35, Bail Bond Act, in an
655 amount necessary to assure the appearance of the defendant as required;
656 (c) (i) execute a written agreement to forfeit, upon failing to appear as required,
657 designated property, including money, as is reasonably necessary to assure the appearance of
658 the defendant; and
659 (ii) post with the court indicia of ownership of the property or a percentage of the
660 money as the court may specify;
661 (d) not commit a federal, state, or local crime during the period of release;
662 (e) remain in the custody of a designated person who agrees to assume supervision of
663 the defendant and who agrees to report any violation of a release condition to the court, if the
664 designated person is reasonably able to assure the court that the defendant will appear as
665 required and will not pose a danger to the safety of any other person or the community;
666 (f) maintain employment, or if unemployed, actively seek employment;
667 (g) maintain or commence an educational program;
668 (h) abide by specified restrictions on personal associations, place of abode, or travel;
669 (i) avoid all contact with the victims of the offense and with any witnesses who
670 testified against the defendant or potential witnesses who may testify concerning the offense if
671 the appeal results in a reversal or an order for a new trial;
672 (j) report on a regular basis to a designated law enforcement agency, pretrial services
673 agency, or other designated agency;
674 (k) comply with a specified curfew;
675 (l) not possess a firearm, destructive device, or other dangerous weapon;
676 (m) not use alcohol, or any narcotic drug or other controlled substances except as
677 prescribed by a licensed medical practitioner;
678 (n) undergo available medical, psychological, or psychiatric treatment, including
679 treatment for drug or alcohol dependency, and remain under the supervision of or in a specified
680 institution if required for that purpose;
681 (o) return to custody for specified hours following release for employment, schooling,
682 or other limited purposes;
683 (p) satisfy any other condition that is reasonably necessary to assure the appearance of
684 the defendant as required and to assure the safety of any other person and the community; and
685 (q) if convicted of committing a sexual offense or an assault or other offense involving
686 violence against a child 17 years of age or younger, is limited or denied access to any location
687 or occupation where children are, including but not limited to:
688 (i) any residence where children are on the premises;
689 (ii) activities, including organized activities, in which children are involved; and
690 (iii) locations where children congregate, or where a reasonable person should know
691 that children congregate.
692 (3) The court may, in its discretion, amend an order granting release to impose
693 additional or different conditions of release.
694 (4) If defendant has been found guilty of an offense in a court not of record and files a
695 timely notice of appeal pursuant to Subsection 78A-7-118(1) for a trial de novo, the court shall
696 stay all terms of a sentence, unless at the time of sentencing the judge finds by a preponderance
697 of the evidence that the defendant poses a danger to another person or the community.
698 (5) If a stay is ordered, the court may order post-conviction restrictions on the
699 defendant's conduct as appropriate, including:
700 (a) continuation of any pre-trial restrictions or orders;
701 (b) sentencing protective orders under Section [
702 (c) drug and alcohol use;
703 (d) use of an ignition interlock; and
704 (e) posting appropriate bail.
705 (6) The provisions of Subsections (4) and (5) do not apply to convictions for an offense
706 under Title 41, Chapter 6a, Part 5, Driving Under the Influence and Reckless Driving.
707 (7) Any stay authorized by Subsection (4) is lifted upon the dismissal of the appeal by
708 the district court.
709 Section 11. Section 77-36-1 is amended to read:
710 77-36-1. Definitions.
711 As used in this chapter:
712 (1) "Cohabitant" means the same as that term is defined in Section 78B-7-102.
713 (2) "Department" means the Department of Public Safety.
714 (3) "Divorced" means an individual who has obtained a divorce under Title 30, Chapter
715 3, Divorce.
716 (4) "Domestic violence" or "domestic violence offense" means any criminal offense
717 involving violence or physical harm or threat of violence or physical harm, or any attempt,
718 conspiracy, or solicitation to commit a criminal offense involving violence or physical harm,
719 when committed by one cohabitant against another. "Domestic violence" or "domestic
720 violence offense" includes commission or attempt to commit, any of the following offenses by
721 one cohabitant against another:
722 (a) aggravated assault, as described in Section 76-5-103;
723 (b) aggravated cruelty to an animal, as described in Subsection 76-9-301(4), with the
724 intent to harass or threaten the other cohabitant;
725 (c) assault, as described in Section 76-5-102;
726 (d) criminal homicide, as described in Section 76-5-201;
727 (e) harassment, as described in Section 76-5-106;
728 (f) electronic communication harassment, as described in Section 76-9-201;
729 (g) kidnapping, child kidnapping, or aggravated kidnapping, as described in Sections
730 76-5-301, 76-5-301.1, and 76-5-302;
731 (h) mayhem, as described in Section 76-5-105;
732 (i) sexual offenses, as described in Title 76, Chapter 5, Part 4, Sexual Offenses, and
733 Section 76-5b-201, Sexual exploitation of a minor -- Offenses;
734 (j) stalking, as described in Section 76-5-106.5;
735 (k) unlawful detention or unlawful detention of a minor, as described in Section
736 76-5-304;
737 (l) violation of a protective order or ex parte protective order, as described in Section
738 76-5-108;
739 (m) any offense against property described in Title 76, Chapter 6, Part 1, Property
740 Destruction, Title 76, Chapter 6, Part 2, Burglary and Criminal Trespass, or Title 76, Chapter 6,
741 Part 3, Robbery;
742 (n) possession of a deadly weapon with criminal intent, as described in Section
743 76-10-507;
744 (o) discharge of a firearm from a vehicle, near a highway, or in the direction of any
745 person, building, or vehicle, as described in Section 76-10-508;
746 (p) disorderly conduct, as defined in Section 76-9-102, if a conviction of disorderly
747 conduct is the result of a plea agreement in which the defendant was originally charged with a
748 domestic violence offense otherwise described in this Subsection (4), except that a conviction
749 of disorderly conduct as a domestic violence offense, in the manner described in this
750 Subsection (4)(p), does not constitute a misdemeanor crime of domestic violence under 18
751 U.S.C. Sec. 921, and is exempt from the federal Firearms Act, 18 U.S.C. Sec. 921 et seq.;
752 (q) child abuse, as described in Section 76-5-109.1;
753 (r) threatening use of a dangerous weapon, as described in Section 76-10-506;
754 (s) threatening violence, as described in Section 76-5-107;
755 (t) tampering with a witness, as described in Section 76-8-508;
756 (u) retaliation against a witness or victim, as described in Section 76-8-508.3;
757 (v) unlawful distribution of an intimate image, as described in Section 76-5b-203;
758 (w) sexual battery, as described in Section 76-9-702.1;
759 (x) voyeurism, as described in Section 76-9-702.7;
760 (y) damage to or interruption of a communication device, as described in Section
761 76-6-108; or
762 (z) an offense described in [
763 (5) "Jail release agreement" means the same as that term is defined in Section
764 [
765 (6) "Jail release court order" means the same as that term is defined in Section
766 [
767 (7) "Marital status" means married and living together, divorced, separated, or not
768 married.
769 (8) "Married and living together" means a couple whose marriage was solemnized
770 under Section 30-1-4 or 30-1-6 and who are living in the same residence.
771 (9) "Not married" means any living arrangement other than married and living together,
772 divorced, or separated.
773 (10) "Protective order" includes an order issued under [
774 Subsection 78B-7-804(3).
775 (11) "Pretrial protective order" means a written order:
776 (a) specifying and limiting the contact a person who has been charged with a domestic
777 violence offense may have with an alleged victim or other specified individuals; and
778 (b) specifying other conditions of release [
779
780 the criminal case.
781 (12) "Sentencing protective order" means a written order of the court as part of
782 sentencing in a domestic violence case that limits the contact a person who has been convicted
783 of a domestic violence offense may have with a victim or other specified individuals [
784
785 (13) "Separated" means a couple who have had their marriage solemnized under
786 Section 30-1-4 or 30-1-6 and who are not living in the same residence.
787 (14) "Victim" means a cohabitant who has been subjected to domestic violence.
788 Section 12. Section 77-36-2.1 is amended to read:
789 77-36-2.1. Duties of law enforcement officers -- Notice to victims.
790 (1) A law enforcement officer who responds to an allegation of domestic violence shall
791 use all reasonable means to protect the victim and prevent further violence, including:
792 (a) taking the action that, in the officer's discretion, is reasonably necessary to provide
793 for the safety of the victim and any family or household member;
794 (b) confiscating the weapon or weapons involved in the alleged domestic violence;
795 (c) making arrangements for the victim and any child to obtain emergency housing or
796 shelter;
797 (d) providing protection while the victim removes essential personal effects;
798 (e) arrange, facilitate, or provide for the victim and any child to obtain medical
799 treatment; and
800 (f) arrange, facilitate, or provide the victim with immediate and adequate notice of the
801 rights of victims and of the remedies and services available to victims of domestic violence, in
802 accordance with Subsection (2).
803 (2) (a) A law enforcement officer shall give written notice to the victim in simple
804 language, describing the rights and remedies available under this chapter, Title 78B, Chapter 7,
805 [
806 Chapter 7, Part 2, Child Protective Orders.
807 (b) The written notice shall also include:
808 (i) a statement that the forms needed in order to obtain an order for protection are
809 available from the court clerk's office in the judicial district where the victim resides or is
810 temporarily domiciled;
811 (ii) a list of shelters, services, and resources available in the appropriate community,
812 together with telephone numbers, to assist the victim in accessing any needed assistance; and
813 (iii) the information required to be provided to both parties in accordance with
814 Subsections [
815 (3) If a weapon is confiscated under this section, the law enforcement agency shall
816 return the weapon to the individual from whom the weapon is confiscated if a domestic
817 violence protective order is not issued or once the domestic violence protective order is
818 terminated.
819 Section 13. Section 77-36-2.4 is amended to read:
820 77-36-2.4. Violation of a protective order -- Mandatory arrest -- Penalties.
821 (1) A law enforcement officer shall[
822
823 alleged perpetrator for a violation of any of the provisions of an ex parte protective order or
824 protective order in accordance with Section 78B-7-119.
825 (2) A violation of a protective order is punishable in accordance with Section
826 76-5-108.
827 [
828
829
830
831 [
832
833 [
834 [
835
836 [
837
838 [
839
840 [
841
842 Section 14. Section 77-36-2.6 is amended to read:
843 77-36-2.6. Appearance of defendant required -- Considerations by court.
844 (1) A defendant who has been arrested for an offense involving domestic violence shall
845 appear in person or by video before the court or a magistrate within one judicial day after the
846 day on which the arrest is made.
847 (2) A defendant who has been charged by citation, indictment, or information with an
848 offense involving domestic violence but has not been arrested, shall appear before the court in
849 person for arraignment or initial appearance as soon as practicable, but no later than 14 days
850 after the next day on which court is in session following the issuance of the citation or the
851 filing of the indictment or information.
852 (3) At the time of an appearance under Subsection (1) or (2), the court shall[
853 imposing a pretrial protective order in accordance with Section 78B-7-803.
854 [
855
856
857 [
858
859 [
860 (4) Appearances required by this section are mandatory and may not be waived.
861 Section 15. Section 77-36-2.7 is amended to read:
862 77-36-2.7. Dismissal -- Diversion prohibited -- Plea in abeyance -- Pretrial
863 protective order pending trial.
864 (1) Because of the serious nature of domestic violence, the court, in domestic violence
865 actions:
866 (a) may not dismiss any charge or delay disposition because of concurrent divorce or
867 other civil proceedings;
868 (b) may not require proof that either party is seeking a dissolution of marriage before
869 instigation of criminal proceedings;
870 (c) shall waive any requirement that the victim's location be disclosed other than to the
871 defendant's attorney and order the defendant's attorney not to disclose the victim's location to
872 the client;
873 (d) shall identify, on the docket sheets, the criminal actions arising from acts of
874 domestic violence; and
875 (e) may hold a plea in abeyance, in accordance with the provisions of Chapter 2a, Pleas
876 in Abeyance, making treatment or any other requirement for the defendant a condition of that
877 status.
878 (2) When the court holds a plea in abeyance in accordance with Subsection (1)(e), the
879 case against a perpetrator of domestic violence may be dismissed only if the perpetrator
880 successfully completes all conditions imposed by the court. If the defendant fails to complete
881 any condition imposed by the court under Subsection (1)(e), the court may accept the
882 defendant's plea.
883 [
884
885
886
887
888 [
889
890 [
891
892 [
893
894 [
895
896
897 [
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899 [
900 [
901
902 [
903
904 [
905
906 [
907
908 [
909
910 [
911
912 [
913
914
915 [
916
917 (3) When a defendant is charged with a crime involving a qualifying offense, as
918 defined in Section 78B-7-801, the court may, during any court hearing where the defendant is
919 present, issue a pretrial protective order in accordance with Section 78B-7-803.
920 (4) (a) When a court dismisses criminal charges or a prosecutor moves to dismiss
921 charges against a defendant accused of a domestic violence offense, the specific reasons for
922 dismissal shall be recorded in the court file and made a part of any related order or agreement
923 on the statewide domestic violence network described in Section 78B-7-113.
924 (b) The court shall transmit the dismissal to the statewide domestic violence network.
925 (c) Any pretrial protective orders, including jail release court orders and jail release
926 agreements, related to the dismissed domestic violence criminal charge shall also be dismissed.
927 (5) The court may not approve diversion for a perpetrator of domestic violence.
928 Section 16. Section 77-36-5 is amended to read:
929 77-36-5. Sentencing -- Restricting contact with victim -- Electronic monitoring --
930 Counseling -- Cost assessed against defendant -- Sentencing protective order --
931 Continuous protective order.
932 (1) [
933 a condition of the sentence restricts the defendant's contact with the victim, a sentencing
934 protective order may be issued under [
935 length of the defendant's probation or a continuous protective order may be issued under
936 [
937 [
938
939 [
940
941 [
942
943 (2) In determining [
944 provided by law, may require the defendant to participate in an electronic or other type of
945 monitoring program.
946 (3) The court may also require the defendant to pay all or part of the costs of
947 counseling incurred by the victim and any children affected by or exposed to the domestic
948 violence offense, as well as the costs for the defendant's own counseling.
949 (4) The court shall:
950 (a) assess against the defendant, as restitution, any costs for services or treatment
951 provided to the victim and affected children of the victim or the defendant by the Division of
952 Child and Family Services under Section 62A-4a-106; and
953 (b) order those costs to be paid directly to the division or its contracted provider.
954 (5) The court may order the defendant to obtain and satisfactorily complete treatment
955 or therapy in a domestic violence treatment program, as defined in Section 62A-2-101, that is
956 licensed by the Department of Human Services.
957 Section 17. Section 77-36-5.1 is amended to read:
958 77-36-5.1. Conditions of probation for individual convicted of domestic violence
959 offense.
960 (1) Before any perpetrator who has been convicted of a domestic violence offense may
961 be placed on probation, the court shall consider the safety and protection of the victim and any
962 member of the victim's family or household.
963 (2) The court may condition probation or a plea in abeyance on the perpetrator's
964 compliance with one or more orders of the court, which may include:
965 (a) a sentencing protective order[
966 [
967
968 [
969
970 [
971
972
973 [
974 controlled substances;
975 [
976 other specified weapon;
977 [
978 possesses;
979 [
980 the court, a program of intervention for perpetrators, treatment for alcohol or substance abuse,
981 or psychiatric or psychological treatment;
982 [
983 shall be in accordance with Chapter 38a, Crime Victims Restitution Act; and
984 [
985 designated family or household member or to rehabilitate the perpetrator.
986 (3) The perpetrator is responsible for the costs of any condition of probation, according
987 to the perpetrator's ability to pay.
988 (4) (a) Adult Probation and Parole, or other provider, shall immediately report to the
989 court and notify the victim of any offense involving domestic violence committed by the
990 perpetrator, the perpetrator's failure to comply with any condition imposed by the court, and
991 any violation of [
992 78B-7-804.
993 (b) Notification of the victim under Subsection (4)(a) shall consist of a good faith
994 reasonable effort to provide prompt notification, including mailing a copy of the notification to
995 the last-known address of the victim.
996 [
997
998
999 [
1000
1001
1002
1003
1004
1005
1006
1007 [
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1009
1010
1011
1012 [
1013 [
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1015
1016 [
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1018 [
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1020 [
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1024
1025 [
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1037 [
1038
1039
1040
1041 [
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1043
1044
1045 [
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1047 [
1048
1049
1050
1051
1052 [
1053 a separate order relating to the transfer of a wireless telephone number in accordance with
1054 Section [
1055 Section 18. Section 77-36-6 is amended to read:
1056 77-36-6. Enforcement of orders.
1057 (1) Each law enforcement agency in this state shall enforce all orders of the court
1058 issued [
1059 enforce:
1060 (a) all protective orders and ex parte protective orders issued [
1061 78B, Chapter 7, [
1062 (b) pretrial protective orders issued under Section 78B-7-803 and sentencing protective
1063 orders and continuous protective orders issued under Section 78B-7-804; and
1064 (c) all foreign protection orders enforceable under Title 78B, Chapter 7, Part 3,
1065 Uniform Interstate Enforcement of Domestic Violence Protection Orders Act.
1066 (2) The requirements of this section apply statewide, regardless of the jurisdiction in
1067 which the order was issued or the location of the victim or the perpetrator.
1068 Section 19. Section 77-38-403 is amended to read:
1069 77-38-403. Definitions.
1070 As used in this part:
1071 (1) "Advocacy services" means assistance provided that supports, supplements,
1072 intervenes, or links a victim or a victim's family with appropriate resources and services to
1073 address the wide range of potential impacts of being victimized.
1074 (2) "Advocacy services provider" means an entity that has the primary focus of
1075 providing advocacy services in general or with specialization to a specific crime type or
1076 specific type of victimization.
1077 (3) "Confidential communication" means a communication that is intended to be
1078 confidential between a victim and a victim advocate for the purpose of obtaining advocacy
1079 services.
1080 (4) "Criminal justice system victim advocate" means an individual who:
1081 (a) is employed or authorized to volunteer by a government agency that possesses a
1082 role or responsibility within the criminal justice system;
1083 (b) has as a primary responsibility addressing the mental, physical, or emotional
1084 recovery of victims;
1085 (c) completes a minimum 40 hours of trauma-informed training:
1086 (i) in crisis response, the effects of crime and trauma on victims, victim advocacy
1087 services and ethics, informed consent, and this part regarding privileged confidential
1088 communication; and
1089 (ii) that have been approved or provided by the Utah Office for Victims of Crime; and
1090 (d) is under the supervision of the director or director's designee of the government
1091 agency.
1092 (5) "Health care provider" means the same as that term is defined in Section
1093 78B-3-403.
1094 (6) "Mental health therapist" means the same as that term is defined in Section
1095 58-60-102.
1096 (7) "Nongovernment organization victim advocate" means an individual who:
1097 (a) is employed or authorized to volunteer by an nongovernment organization advocacy
1098 services provider;
1099 (b) has as a primary responsibility addressing the mental, physical, or emotional
1100 recovery of victims;
1101 (c) has a minimum 40 hours of trauma-informed training:
1102 (i) in assisting victims specific to the specialization or focus of the nongovernment
1103 organization advocacy services provider and includes this part regarding privileged confidential
1104 communication; and
1105 (ii) (A) that have been approved or provided by the Utah Office for Victims of Crime;
1106 or
1107 (B) that meets other minimally equivalent standards set forth by the nongovernment
1108 organization advocacy services provider; and
1109 (d) is under the supervision of the director or the director's designee of the
1110 nongovernment organization advocacy services provider.
1111 (8) "Record" means a book, letter, document, paper, map, plan, photograph, file, card,
1112 tape, recording, electronic data, or other documentary material regardless of physical form or
1113 characteristics.
1114 (9) "Victim" means:
1115 (a) a [
1116 (b) an individual who is a victim of domestic violence as defined in Section 77-36-1;
1117 or
1118 (c) an individual who is a victim of dating violence as defined in Section [
1119 78B-7-102.
1120 (10) (a) "Victim advocate" means:
1121 [
1122 [
1123 [
1124 private entity and is designated by the Utah Office for Victims of Crime as having the specific
1125 purpose of providing advocacy services to or for the clients of the public or private entity.
1126 [
1127 Victims of Crime.
1128 Section 20. Section 78A-6-103 is amended to read:
1129 78A-6-103. Jurisdiction of juvenile court -- Original -- Exclusive.
1130 (1) Except as otherwise provided by law, the juvenile court has exclusive original
1131 jurisdiction in proceedings concerning:
1132 (a) a child who has violated any federal, state, or local law or municipal ordinance or a
1133 person younger than 21 years of age who has violated any law or ordinance before becoming
1134 18 years of age, regardless of where the violation occurred, excluding offenses:
1135 (i) in Section 53G-8-211 until such time that the child is referred to the courts under
1136 Section 53G-8-211; and
1137 (ii) in Subsection 78A-7-106(2);
1138 (b) a child who is an abused child, neglected child, or dependent child, as those terms
1139 are defined in Section 78A-6-105;
1140 (c) a protective order for a child pursuant to Title 78B, Chapter 7, Part 2, Child
1141 Protective Orders, which the juvenile court may transfer to the district court if the juvenile
1142 court has entered an ex parte protective order and finds that:
1143 (i) the petitioner and the respondent are the natural parent, adoptive parent, or step
1144 parent of the child who is the object of the petition;
1145 (ii) the district court has a petition pending or an order related to custody or parent-time
1146 entered under Title 30, Chapter 3, Divorce, Title 78B, Chapter 7, [
1147
1148 Parentage Act, in which the petitioner and the respondent are parties; and
1149 (iii) the best interests of the child will be better served in the district court;
1150 (d) appointment of a guardian of the person or other guardian of a minor who comes
1151 within the court's jurisdiction under other provisions of this section;
1152 (e) the emancipation of a minor in accordance with Part 8, Emancipation;
1153 (f) the termination of the legal parent-child relationship in accordance with Part 5,
1154 Termination of Parental Rights Act, including termination of residual parental rights and
1155 duties;
1156 (g) the treatment or commitment of a minor who has an intellectual disability;
1157 (h) the judicial consent to the marriage of a minor 16 or 17 years old upon a
1158 determination of voluntariness or where otherwise required by law;
1159 (i) any parent or parents of a child committed to a secure youth facility, to order, at the
1160 discretion of the court and on the recommendation of a secure facility, the parent or parents of a
1161 child committed to a secure facility for a custodial term, to undergo group rehabilitation
1162 therapy under the direction of a secure facility therapist, who has supervision of that parent's or
1163 parents' child, or any other therapist the court may direct, for a period directed by the court as
1164 recommended by a secure facility;
1165 (j) a minor under Title 55, Chapter 12, Interstate Compact for Juveniles;
1166 (k) subject to Subsection (8), the treatment or commitment of a child with a mental
1167 illness;
1168 (l) the commitment of a child to a secure drug or alcohol facility in accordance with
1169 Section 62A-15-301;
1170 (m) a minor found not competent to proceed pursuant to Section 78A-6-1301;
1171 (n) de novo review of final agency actions resulting from an informal adjudicative
1172 proceeding as provided in Section 63G-4-402; and
1173 (o) adoptions conducted in accordance with the procedures described in Title 78B,
1174 Chapter 6, Part 1, Utah Adoption Act, when the juvenile court has previously entered an order
1175 terminating the rights of a parent and finds that adoption is in the best interest of the child.
1176 (2) (a) Notwithstanding Section 78A-7-106 and Subsection 78A-5-102(9), the juvenile
1177 court has exclusive jurisdiction over the following offenses committed by a child:
1178 (i) Title 41, Chapter 6a, Part 5, Driving Under the Influence and Reckless Driving;
1179 (ii) Section 73-18-12, reckless operation; and
1180 (iii) class B and C misdemeanors, infractions, or violations of ordinances that are part
1181 of a single criminal episode filed in a petition that contains an offense over which the court has
1182 jurisdiction.
1183 (b) A juvenile court may only order substance use disorder treatment or an educational
1184 series if the minor has an assessed need for the intervention on the basis of the results of a
1185 validated assessment.
1186 (3) The juvenile court has jurisdiction over an ungovernable or runaway child who is
1187 referred to it by the Division of Child and Family Services or by public or private agencies that
1188 contract with the division to provide services to that child when, despite earnest and persistent
1189 efforts by the division or agency, the child has demonstrated that the child:
1190 (a) is beyond the control of the child's parent, guardian, or lawful custodian to the
1191 extent that the child's behavior or condition endangers the child's own welfare or the welfare of
1192 others; or
1193 (b) has run away from home.
1194 (4) This section does not restrict the right of access to the juvenile court by private
1195 agencies or other persons.
1196 (5) The juvenile court has jurisdiction of all magistrate functions relative to cases
1197 arising under Section 78A-6-702.
1198 (6) The juvenile court has jurisdiction to make a finding of substantiated,
1199 unsubstantiated, or without merit, in accordance with Section 78A-6-323.
1200 (7) The juvenile court has jurisdiction of matters transferred to it by another trial court
1201 pursuant to Subsection 78A-7-106(5) and subject to Section 53G-8-211.
1202 (8) The court may commit a child to the physical custody of a local mental health
1203 authority in accordance with Title 62A, Chapter 15, Part 7, Commitment of Persons Under Age
1204 18 to Division of Substance Abuse and Mental Health, but not directly to the Utah State
1205 Hospital.
1206 Section 21. Section 78A-6-114 is amended to read:
1207 78A-6-114. Hearings -- Public excluded, exceptions -- Victims admitted -- Minor's
1208 cases heard separately from adult cases -- Minor or parents or custodian heard
1209 separately -- Continuance of hearing -- Consolidation of proceedings involving more than
1210 one minor.
1211 (1) Hearings in [
1212 may be conducted in an informal manner.
1213 (a) (i) In abuse, neglect, and dependency cases the court shall admit any person to a
1214 hearing, including a hearing under Section 78A-6-322, unless the court makes a finding upon
1215 the record that the person's presence at the hearing would:
1216 (A) be detrimental to the best interest of a child who is a party to the proceeding;
1217 (B) impair the fact-finding process; or
1218 (C) be otherwise contrary to the interests of justice.
1219 (ii) The court may exclude a person from a hearing under Subsection (1)(a)(i) on its
1220 own motion or by motion of a party to the proceeding.
1221 (b) In delinquency cases the court shall admit all persons who have a direct interest in
1222 the case and may admit persons requested by the parent or legal guardian to be present. The
1223 court shall exclude all other persons except as provided in Subsection (1)(c).
1224 (c) In delinquency cases in which the minor charged is 14 years of age or older, the
1225 court shall admit any person unless the hearing is closed by the court upon findings on the
1226 record for good cause if:
1227 (i) the minor has been charged with an offense which would be a felony if committed
1228 by an adult; or
1229 (ii) the minor is charged with an offense that would be a class A or B misdemeanor if
1230 committed by an adult, and the minor has been previously charged with an offense which
1231 would be a misdemeanor or felony if committed by an adult.
1232 (d) The victim of any act charged in a petition or information involving an offense
1233 committed by a minor which if committed by an adult would be a felony or a class A or class B
1234 misdemeanor shall, upon request, be afforded all rights afforded victims in Title 77, Chapter
1235 36, Cohabitant Abuse Procedures Act, Title 77, Chapter 37, Victims' Rights, [
1236 Chapter 38, Rights of Crime Victims Act, and Title 78B, Chapter 7, Part 8, Criminal Protective
1237 Orders. The notice provisions in Section 77-38-3 do not apply to important juvenile justice
1238 hearings as defined in Section 77-38-2.
1239 (e) A victim, upon request to appropriate juvenile court personnel, shall have the right
1240 to inspect and duplicate juvenile court legal records that have not been expunged concerning:
1241 (i) the scheduling of any court hearings on the petition;
1242 (ii) any findings made by the court; and
1243 (iii) any sentence or decree imposed by the court.
1244 (2) [
1245 the parents or custodian of a minor may be heard separately when considered necessary by the
1246 court. The hearing may be continued from time to time to a date specified by court order.
1247 (3) When more than one child is involved in a home situation which may be found to
1248 constitute neglect or dependency, or when more than one minor is alleged to be involved in the
1249 same law violation, the proceedings may be consolidated, except that separate hearings may be
1250 held with respect to disposition.
1251 Section 22. Section 78A-6-123 is amended to read:
1252 78A-6-123. Case planning and appropriate responses.
1253 (1) For a minor adjudicated and placed on probation or into the custody of the Division
1254 of Juvenile Justice Services under Section 78A-6-117, a case plan shall be created and shall be:
1255 (a) developed in collaboration with the minor and the minor's family;
1256 (b) individualized to the minor;
1257 (c) informed by the results of a validated risk and needs assessment; and
1258 (d) tailored to the minor's offense and history.
1259 (2) (a) The Administrative Office of the Courts and the Division of Juvenile Justice
1260 Services shall develop a statewide system of appropriate responses to guide responses to the
1261 behaviors of minors:
1262 (i) undergoing nonjudicial adjustments;
1263 (ii) under the jurisdiction of the juvenile court; and
1264 (iii) in the custody of the Division of Juvenile Justice Services.
1265 (b) The system of responses shall include both sanctions and incentives that:
1266 (i) are swift and certain;
1267 (ii) include a continuum of community based responses for minors living at home;
1268 (iii) target a minor's criminogenic risks and needs, as determined by the results of a
1269 validated risk and needs assessment, and the severity of the violation; and
1270 (iv) authorize earned discharge credits as one incentive for compliance.
1271 (c) After considering the guidelines established by the Sentencing Commission,
1272 pursuant to Section 63M-7-404, the system of appropriate responses under Subsections (2)(a)
1273 and (b) shall be developed.
1274 (3) A response to a compliant or noncompliant behavior under Subsection (2) shall be
1275 documented in the minor's case plan. Documentation shall include:
1276 (a) positive behaviors and incentives offered;
1277 (b) violations and corresponding sanctions; and
1278 (c) whether the minor has a subsequent violation after a sanction.
1279 (4) Before referring a minor to court for judicial review or to the Youth Parole
1280 Authority if the minor is under the jurisdiction of the Youth Parole Authority in response to a
1281 violation, either through a contempt filing under Section 78A-6-1101 or an order to show
1282 cause, pursuant to Subsections (2)(a) and (b), a pattern of appropriate responses shall be
1283 documented in the minor's case plan .
1284 (5) Notwithstanding Subsection (4), violations of protective orders or ex parte
1285 [
1286 with victims and violations that constitute new delinquency offenses may be filed directly with
1287 the court.
1288 Section 23. Section 78B-7-101 is amended to read:
1289
1290
1291 78B-7-101. Title.
1292 This [
1293 "Protective Orders and Stalking Injunctions."
1294 Section 24. Section 78B-7-102 is amended to read:
1295 78B-7-102. Definitions.
1296 As used in this chapter:
1297 (1) "Abuse" means, except as provided in Section 78B-7-201, intentionally or
1298 knowingly causing or attempting to cause [
1299
1300 placing another individual in reasonable fear of imminent physical harm.
1301 (2) "Civil protective order" means an order issued, subsequent to a hearing on the
1302 petition, of which the petitioner and respondent have been given notice, under:
1303 (a) Part 2, Child Protective Orders;
1304 (b) Part 4, Dating Violence Protective Orders;
1305 (c) Part 5, Sexual Violence Protective Orders; or
1306 (d) Part 6, Cohabitant Abuse Protective Orders.
1307 (3) "Civil stalking injunction" means a stalking injunction issued under Part 7, Civil
1308 Stalking Injunctions.
1309 [
1310 Section 15-2-1 or [
1311 [
1312 [
1313 [
1314 parent, grandparent, sibling, or any other [
1315 by consanguinity or affinity to the second degree;
1316 [
1317 [
1318 [
1319 [
1320 [
1321 [
1322 [
1323 under 18 years of age.
1324 (5) "Criminal protective order" means an order issued under Part 8, Criminal Protective
1325 Orders.
1326 (6) "Criminal stalking injunction" means a stalking injunction issued under Part 9,
1327 Criminal Stalking Injunctions.
1328 [
1329 (8) (a) "Dating partner" means an individual who:
1330 (i) (A) is an emancipated individual under Section 15-2-1 or Title 78A, Chapter 6, Part
1331 8, Emancipation; or
1332 (B) is 18 years of age or older; and
1333 (ii) is, or has been, in a dating relationship with the other party.
1334 (b) "Dating partner" does not include an intimate partner.
1335 (9) (a) "Dating relationship" means a social relationship of a romantic or intimate
1336 nature, or a relationship which has romance or intimacy as a goal by one or both parties,
1337 regardless of whether the relationship involves sexual intimacy.
1338 (b) "Dating relationship" does not include casual fraternization in a business,
1339 educational, or social context.
1340 (c) In determining, based on a totality of the circumstances, whether a dating
1341 relationship exists:
1342 (i) all relevant factors shall be considered, including:
1343 (A) whether the parties developed interpersonal bonding above a mere casual
1344 fraternization;
1345 (B) the length of the parties' relationship;
1346 (C) the nature and the frequency of the parties' interactions, including communications
1347 indicating that the parties intended to begin a dating relationship;
1348 (D) the ongoing expectations of the parties, individual or jointly, with respect to the
1349 relationship;
1350 (E) whether, by statement or conduct, the parties demonstrated an affirmation of their
1351 relationship to others; and
1352 (F) whether other reasons exist that support or detract from a finding that a dating
1353 relationship exists; and
1354 (ii) it is not necessary that all, or a particular number, of the factors described in
1355 Subsection (9)(c)(i) are found to support the existence of a dating relationship.
1356 [
1357 77-36-1.
1358 [
1359 respondent [
1360 (a) Part 2, Child Protective Orders;
1361 (b) Part 4, Dating Violence Protective Orders;
1362 (c) Part 5, Sexual Violence Protective Orders; or
1363 (d) Part 6, Cohabitant Abuse Protective Orders.
1364 (12) "Ex parte civil stalking injunction" means a stalking injunction issued without
1365 notice to the respondent under Part 8, Civil Stalking Injunctions.
1366 [
1367 78B-7-302.
1368 (14) "Intimate partner" means the same as that term is defined in 18 U.S.C. Sec. 921.
1369 [
1370 agency having general police power and charged with making arrests in connection with
1371 enforcement of the criminal statutes and ordinances of this state or any political subdivision.
1372 [
1373 Chapter 13, Peace Officer Classifications.
1374 [
1375 [
1376
1377 [
1378 (17) "Qualifying domestic violence offense" means the same as that term is defined in
1379 Section 77-36-1.1.
1380 (18) "Respondent" means the individual against whom enforcement of a protective
1381 order is sought.
1382 (19) "Stalking" means the same as that term is defined in Section 76-5-106.5.
1383 Section 25. Section 78B-7-104 is amended to read:
1384 78B-7-104. Venue of action for ex parte civil protective orders and civil protective
1385 orders.
1386 (1) [
1387 jurisdiction of any action for an ex parte civil protective order or civil protective order brought
1388 under this chapter.
1389 (2) An action for an ex parte civil protective order or civil protective order brought
1390 [
1391 which the action complained of took place.
1392 Section 26. Section 78B-7-105 is amended to read:
1393 78B-7-105. Forms for petitions, civil protective orders, and civil stalking
1394 injunctions -- Assistance -- Fees.
1395 (1) (a) The offices of the court clerk shall provide forms [
1396
1397 (i) an ex parte civil protective order;
1398 (ii) a civil protective order;
1399 (iii) an ex parte stalking injunction; or
1400 (iv) a civil stalking injunction.
1401 (b) The Administrative Office of the Courts shall:
1402 (i) develop and adopt uniform forms for petitions and [
1403 protective orders and stalking injunctions described in Subsection (1)(a) in accordance with the
1404 provisions of this chapter[
1405 (ii) provide the forms to the clerk of each court authorized to issue [
1406 the protective orders and stalking injunctions described in Subsection (1)(a). [
1407 (2) The forms described in Subsection (1)(b) shall include:
1408 (a) for a petition for an ex parte civil protective order or a civil protective order:
1409 (i) a statement notifying the petitioner for an ex parte civil protective order that
1410 knowing falsification of any statement or information provided for the purpose of obtaining a
1411 civil protective order may subject the petitioner to felony prosecution;
1412 (ii) language indicating the criminal penalty for a violation of an ex parte civil
1413 protective order or a civil protective order under this chapter and language stating a violation of
1414 or failure to comply with a civil provision is subject to contempt proceedings;
1415 (iii) a space for information the petitioner is able to provide to facilitate identification
1416 of the respondent, including the respondent's social security number, driver license number,
1417 date of birth, address, telephone number, and physical description;
1418 (iv) a space for information the petitioner is able to provide related to a proceeding for
1419 a civil protective order or a criminal protective order, civil litigation, a proceeding in juvenile
1420 court, or a criminal case involving either party, including the case name, file number, the
1421 county and state of the proceeding, and the judge's name; and
1422 (v) a space to indicate whether the party to be protected is an intimate partner to the
1423 respondent or a child of an intimate partner to the respondent; and
1424 (b) for a petition under Part 6, Cohabitant Abuse Protective Orders:
1425 [
1426 criminal offense, and a separate portion for those provisions, the violation of which is a civil
1427 violation[
1428 [
1429
1430
1431 [
1432
1433
1434 [
1435
1436
1437 [
1438
1439
1440
1441 [
1442
1443
1444 [
1445
1446
1447 [
1448 [
1449 [
1450 [
1451 (ii) a statement advising the petitioner that when a child is included in an ex parte
1452 protective order or a protective order, as part of either the criminal or the civil portion of the
1453 order, the petitioner may provide a copy of the order to the principal of the school that the child
1454 attends; and
1455 (iii) a statement advising the petitioner that if the respondent fails to return custody of a
1456 minor child to the petitioner as ordered in a protective order, the petitioner may obtain from the
1457 court a writ of assistance.
1458 [
1459 is not represented by an attorney, [
1460 provide nonlegal assistance, including:
1461 (a) the forms adopted [
1462 (b) all other forms required to petition for [
1463
1464 forms for service;
1465 (c) clerical assistance in filling out the forms and filing the petition, [
1466
1467 designates another entity, agency, or person to provide that service, [
1468
1469 (d) information regarding the means available for the service of process;
1470 (e) a list of legal service organizations that may represent the petitioner in an action
1471 brought under this chapter, together with the telephone numbers of those organizations; and
1472 (f) written information regarding the procedure for transporting a jailed or imprisoned
1473 respondent to the protective order hearing, including an explanation of the use of transportation
1474 order forms when necessary.
1475 [
1476 for:
1477 (a) filing a petition under this chapter;
1478 (b) obtaining an ex parte civil protective order or ex parte civil stalking injunction;
1479 (c) obtaining copies, either certified or [
1480 or delivery to law enforcement officials; or
1481 (d) fees for service of [
1482 (i) a petition under this chapter;
1483 (ii) an ex parte civil protective order;
1484 (iii) a civil protective order;
1485 (iv) an ex parte civil stalking injunction; or
1486 (v) a civil stalking injunction.
1487 [
1488 civil protective order shall be in writing and verified.
1489 [
1490 described in Subsection (1)(a) shall be issued in the form adopted by the Administrative Office
1491 of the Courts [
1492 (b) [
1493 that is issued shall, if applicable, include the following language:
1494 "Respondent was afforded both notice and opportunity to be heard in the hearing that
1495 gave rise to this order. Pursuant to the Violence Against Women Act of 1994, P.L. 103-322,
1496 108 Stat. 1796, 18 U.S.C. Sec. 2265, this order is valid in all the United States, the District of
1497 Columbia, tribal lands, and United States territories. This order complies with the Uniform
1498 Interstate Enforcement of Domestic Violence Protection Orders Act."
1499 (c) [
1500
1501
1502 6, Cohabitant Abuse Protective Orders, shall include the following language:
1503 "NOTICE TO PETITIONER: The court may amend or dismiss a protective order after
1504 one year if it finds that the basis for the issuance of the protective order no longer exists and the
1505 petitioner has repeatedly acted in contravention of the protective order provisions to
1506 intentionally or knowingly induce the respondent to violate the protective order, demonstrating
1507 to the court that the petitioner no longer has a reasonable fear of the respondent."
1508 (d) A child protective order issued under Part 2, Child Protective Orders, shall include:
1509 (i) the date the order expires; and
1510 (ii) a statement that the address provided by the petitioner will not be made available to
1511 the respondent.
1512 (7) (a) (i) The court clerk shall provide, without charge, to the petitioner, one certified
1513 copy of a civil stalking injunction issued by the court and one certified copy of the proof of
1514 service of the civil stalking injunction on the respondent.
1515 (ii) A charge may be imposed by the court clerk's office for any copies in addition to
1516 the copy described in Subsection (7)(a)(i), certified or uncertified.
1517 (b) An ex parte civil stalking injunction and civil stalking injunction shall include the
1518 following statement:
1519 "Attention: This is an official court order. If you disobey this order, the court may find
1520 you in contempt. You may also be arrested and prosecuted for the crime of stalking and any
1521 other crime you may have committed in disobeying this order."
1522 Section 27. Section 78B-7-105.5 is enacted to read:
1523 78B-7-105.5. Forms for motions, criminal protective orders, and criminal stalking
1524 injunctions.
1525 (1) (a) The offices of the court clerk shall provide forms to an individual seeking any of
1526 the following under this chapter:
1527 (i) a criminal protective order; or
1528 (ii) a criminal stalking injunction.
1529 (b) The Administrative Office of the Courts shall:
1530 (i) develop and adopt uniform forms for motions and protective orders and stalking
1531 injunctions described in Subsection (1)(a) in accordance with the provisions of this chapter;
1532 and
1533 (ii) provide the forms to the clerk of each court authorized to issue the protective orders
1534 and stalking injunctions described in Subsection (1)(a).
1535 (2) The forms described in Subsection (1)(b) shall include:
1536 (a) language indicating the criminal penalty for a violation of a criminal protective
1537 order or criminal stalking injunction under this chapter;
1538 (b) language indicating that a criminal protective order that is a continuous protective
1539 order may be modified or dismissed under this chapter; and
1540 (c) a space to indicate whether the party to be protected is an intimate partner to the
1541 defendant or a child of an intimate partner to the defendant.
1542 (3) A criminal protective order and criminal stalking injunction shall be issued in the
1543 form adopted by the Administrative Office of the Courts under Subsection (1)(b).
1544 (4) Except for a jail release agreement and jail release court order, a criminal protective
1545 order that is issued shall, if applicable, include the following language:
1546 "Respondent was afforded both notice and opportunity to be heard in the hearing that
1547 gave rise to this order. Pursuant to the Violence Against Women Act of 1994, P.L. 103-322,
1548 108 Stat. 1796, 18 U.S.C. Sec. 2265, this order is valid in all the United States, the District of
1549 Columbia, tribal lands, and United States territories. This order complies with the Uniform
1550 Interstate Enforcement of Domestic Violence Protection Orders Act."
1551 Section 28. Section 78B-7-109 is amended to read:
1552 78B-7-109. Continuing duty to inform court of other proceedings -- Effect of
1553 other proceedings.
1554 (1) Each party has a continuing duty to inform the court of each proceeding for [
1555
1556 each proceeding in juvenile court, and each criminal case involving either party, including the
1557 case name, the file number, and the county and state of the proceeding, if that information is
1558 known by the party.
1559 (2) (a) [
1560 under this chapter is in addition to and not in lieu of any other available civil or criminal
1561 proceeding.
1562 (b) A petitioner is not barred from seeking a civil protective order because of other
1563 pending proceedings.
1564 (c) A court may not delay granting [
1565 because of the existence of a pending civil action between the parties.
1566 (3) A petitioner may omit the petitioner's address from all documents filed with the
1567 court under this chapter, but shall separately provide the court with a mailing address that is not
1568 to be made part of the public record, but that may be provided to a peace officer or entity for
1569 service of process.
1570 Section 29. Section 78B-7-112 is amended to read:
1571 78B-7-112. Division of Child and Family Services -- Development and assistance
1572 of volunteer network.
1573 (1) The Division of Child and Family Services within the Department of Human
1574 Services shall, either directly or by contract:
1575 (a) develop a statewide network of volunteers and community resources to support,
1576 assist, and advocate on behalf of victims of domestic violence;
1577 (b) train volunteers to provide clerical assistance to [
1578
1579 (c) coordinate the provision of volunteer services with Utah Legal Services and the
1580 Legal Aid Society; and
1581 (d) assist local government officials in establishing community based support systems
1582 for victims of domestic violence.
1583 (2) Volunteers shall provide additional nonlegal assistance to victims of domestic
1584 violence, including providing information on the location and availability of shelters and other
1585 community resources.
1586 Section 30. Section 78B-7-113 is amended to read:
1587 78B-7-113. Statewide domestic violence network -- Peace officers' duties --
1588 Prevention of abuse in absence of order -- Limitation of liability.
1589 (1) (a) (i) Law enforcement units, the Department of Public Safety, and the
1590 Administrative Office of the Courts shall utilize statewide procedures to ensure that [
1591
1592
1593 information necessary to verify the existence and terms of that order, and other orders of the
1594 court required to be made available on the network [
1595 Title 77, Chapter 36, Cohabitant Abuse Procedures Act, or Section 77-38-3. [
1596 (ii) The peace officers described in Subsection (1)(a)(i) shall use every reasonable
1597 means to enforce the court's order, in accordance with the requirements and procedures of this
1598 chapter, Title 77, Chapter 36, Cohabitant Abuse Procedures Act, and Section 77-38-3.
1599 (b) The Administrative Office of the Courts, in cooperation with the Department of
1600 Public Safety and the Criminal Investigations and Technical Services Division, established in
1601 Section 53-10-103, shall provide for a single, statewide network containing:
1602 (i) all [
1603 issued by a court of this state; and
1604 (ii) all other court orders or reports of court action that are required to be available on
1605 the network under this chapter, Title 77, Chapter 36, Cohabitant Abuse Procedures Act, and
1606 Section 77-38-3.
1607 (c) The entities described in Subsection (1)(b) may utilize the same mechanism as the
1608 statewide warrant system, described in Section 53-10-208.
1609 (d) [
1610 the Courts shall make all orders and reports required to be available on the network [
1611 available within 24 hours after court action.
1612 (ii) If the court that issued [
1613 Subsection (1)(d)(i) is not part of the state court computer system, the [
1614
1615 network within 72 hours after court action.
1616 (e) The Administrative Office of the Courts and the Department of Public Safety shall
1617 make the information contained in the network [
1618 officer, or agency upon request.
1619 (2) When any peace officer has reason to believe a cohabitant or child of a cohabitant
1620 is being abused, or that there is a substantial likelihood of immediate danger of abuse, although
1621 no civil or criminal protective order has been issued, that officer shall use all reasonable means
1622 to prevent the abuse, including:
1623 (a) remaining on the scene as long as it reasonably appears there would otherwise be
1624 danger of abuse;
1625 (b) making arrangements for the victim to obtain emergency medical treatment;
1626 (c) making arrangements for the victim to obtain emergency housing or shelter care;
1627 (d) explaining to the victim [
1628 (e) asking the victim to sign a written statement describing the incident of abuse; or
1629 (f) arresting and taking into physical custody the abuser in accordance with the
1630 provisions of Title 77, Chapter 36, Cohabitant Abuse Procedures Act.
1631 (3) No person or institution may be held criminally or civilly liable for the performance
1632 of, or failure to perform, any duty established by this chapter, so long as that person acted in
1633 good faith and without malice.
1634 Section 31. Section 78B-7-117, which is renumbered from Section 77-36-5.3 is
1635 renumbered and amended to read:
1636 [
1637 (1) As used in this section, "wireless service provider" means a provider of commercial
1638 mobile service under Section 332(d) of the Federal Telecommunications Act of 1996.
1639 (2) At or after the time that a court issues a sentencing protective order or continuous
1640 protective order under Section [
1641 abuse protective order under Section [
1642 of a wireless telephone number as provided in this section, if:
1643 (a) the perpetrator is the account holder for the wireless telephone number;
1644 (b) the number is assigned to a telephone that is primarily used by the victim or an
1645 individual who will reside with the victim during the time that the protective order or the order
1646 of protection is in effect; and
1647 (c) the victim requests transfer of the wireless telephone number.
1648 (3) An order transferring a wireless telephone number under this section shall:
1649 (a) direct a wireless service provider to transfer the rights to, and the billing
1650 responsibility for, the wireless telephone number to the victim; and
1651 (b) include the wireless telephone number to be transferred, the name of the transferee,
1652 and the name of the account holder.
1653 (4) A wireless service provider shall comply with an order issued under this section,
1654 unless compliance is not reasonably possible due to:
1655 (a) the account holder having already terminated the account;
1656 (b) differences in network technology that prevent the victim's device from functioning
1657 on the network to which the number is to be transferred;
1658 (c) geographic or other service availability constraints; or
1659 (d) other barriers outside the control of the wireless service provider.
1660 (5) A wireless service provider that fails to comply with an order issued under this
1661 section shall, within four business days after the day on which the wireless service provider
1662 receives the order, provide notice to the victim stating:
1663 (a) that the wireless service provider is not able to reasonably comply with the order;
1664 and
1665 (b) the reason that the wireless service provider is not able to reasonably comply with
1666 the order.
1667 (6) The victim has full financial responsibility for each wireless telephone number
1668 transferred to the victim by an order under this section, beginning on the day on which the
1669 wireless telephone number is transferred, including monthly service costs and costs for any
1670 mobile device associated with the wireless telephone number.
1671 (7) This section does not preclude a wireless service provider from applying standard
1672 requirements for account establishment to the victim when transferring financial responsibility
1673 under Subsection (6).
1674 (8) A wireless service provider, and any officer, employee, or agent of the wireless
1675 service provider, is not civilly liable for action taken in compliance with an order issued under
1676 this section.
1677 Section 32. Section 78B-7-118 is enacted to read:
1678 78B-7-118. Construction with Utah Rules of Civil Procedure.
1679 To the extent the provisions of this part are more specific than the Utah Rules of Civil
1680 Procedure regarding a civil protective order the provisions of this chapter govern.
1681 Section 33. Section 78B-7-119 is enacted to read:
1682 78B-7-119. Duties of law enforcement -- Enforcement.
1683 A law enforcement officer shall, without a warrant, arrest an alleged perpetrator
1684 whenever there is probable cause to believe that the alleged perpetrator has violated any of the
1685 provisions of any of the following that has been served on the alleged perpetrator:
1686 (1) an ex parte civil protective order;
1687 (2) a civil protective order;
1688 (3) an ex parte civil stalking injunction;
1689 (4) a civil stalking injunction;
1690 (5) a criminal protective order;
1691 (6) a permanent criminal stalking injunction; or
1692 (7) a foreign protective order enforceable under Part 3, Uniform Interstate Enforcement
1693 of Domestic Violence Protective Orders.
1694 Section 34. Section 78B-7-201 is amended to read:
1695 78B-7-201. Definitions.
1696 As used in this chapter:
1697 (1) "Abuse" means:
1698 (a) physical abuse;
1699 (b) sexual abuse;
1700 (c) any sexual offense described in Title 76, Chapter 5b, Part 2, Sexual Exploitation; or
1701 (d) human trafficking of a child for sexual exploitation under Section 76-5-308.5.
1702 (2) "Child protective order" means an order issued under this part after a hearing on the
1703 petition, of which the petitioner and respondent have been given notice.
1704 [
1705 (4) "Ex parte child protective order" means an order issued without notice to the
1706 respondent under this part.
1707 (5) "Protective order" means:
1708 (a) a child protective order; or
1709 (b) an ex parte child protective order.
1710 [
1711 Section 35. Section 78B-7-202 is amended to read:
1712 78B-7-202. Abuse or danger of abuse -- Child protective orders -- Ex parte child
1713 protective orders -- Guardian ad litem -- Referral to division.
1714 (1) (a) Any interested person may file a petition for a protective order:
1715 (i) on behalf of a child who is being abused or is in imminent danger of being abused[
1716
1717 (ii) on behalf of a child who has been abused by an individual who is not the child's
1718 parent, stepparent, guardian, or custodian.
1719 (b) Before filing a petition under Subsection (1)(a), the interested person shall make a
1720 referral to the division.
1721 (2) Upon the filing of a petition described in Subsection (1), the clerk of the court shall:
1722 (a) review the records of the juvenile court, the district court, and the management
1723 information system of the division to find any petitions, orders, or investigations related to the
1724 child or the parties to the case;
1725 (b) request the records of any law enforcement agency identified by the petitioner as
1726 having investigated abuse of the child; and
1727 (c) identify and obtain any other background information that may be of assistance to
1728 the court.
1729 [
1730
1731
1732 (3) If it appears from a petition for a protective order filed under Subsection (1)(a)(i)
1733 that the child is being abused or is in imminent danger of being abused, or it appears from a
1734 petition for a protective order filed under Subsection (1)(a)(ii) that the child has been abused,
1735 the court may:
1736 (a) without notice, immediately issue an ex parte child protective order against the
1737 respondent if necessary to protect the child; or
1738 (b) upon notice to the respondent, issue a child protective order after a hearing in
1739 accordance with Subsection 78B-7-203(5).
1740 (4) The court may appoint an attorney guardian ad litem under Sections 78A-2-703 and
1741 78A-6-902.
1742 (5) This section does not prohibit a protective order from being issued against a
1743 respondent who is a child.
1744 Section 36. Section 78B-7-203 is amended to read:
1745 78B-7-203. Hearings.
1746 (1) If an ex parte child protective order is granted, the court shall schedule a hearing to
1747 be held within 20 days after the day on which the court makes the ex parte determination. If an
1748 ex parte child protective order is denied, the court, upon the request of the petitioner made
1749 within five days after the day on which the court makes the ex parte determination, shall
1750 schedule a hearing to be held within 20 days after the day on which the [
1751
1752 (2) The petition, ex parte child protective order, and notice of hearing shall be served
1753 on the respondent, the [
1754 litem. The notice shall contain:
1755 (a) the name and address of the [
1756 (b) the date, time, and place of the hearing;
1757 (c) the name of the [
1758 (d) a statement that [
1759 the hearing.
1760 (3) The court shall provide an opportunity for any person having relevant knowledge to
1761 present evidence or information[
1762 (4) An agent of the division served with a subpoena in compliance with the Utah Rules
1763 of Civil Procedure shall testify in accordance with the Utah Rules of Evidence.
1764 (5) [
1765 preponderance of the evidence, that [
1766
1767 (a) for a petition for a child protective order filed under Subsection 78B-7-202(1)(a)(i),
1768 the child is being abused or is in imminent danger of being abused; or
1769 (b) for a petition for a protective order filed under Subsection 78B-7-202(1)(a)(ii), the
1770 child has been abused and the child protective order is necessary to protect the child.
1771 (6) With the exception of the provisions of Section 78A-6-323, a child protective order
1772 [
1773 Chapter 6, Part 3, Abuse, Neglect, and Dependency Proceedings.
1774 Section 37. Section 78B-7-204 is amended to read:
1775 78B-7-204. Content of orders -- Modification of orders -- Penalties.
1776 (1) A child protective order or an ex parte child protective order may contain the
1777 following provisions the violation of which is a class A misdemeanor under Section
1778 [
1779 (a) enjoin the respondent from threatening to commit or committing abuse of the
1780 [
1781 (b) prohibit the respondent from harassing, telephoning, contacting, or otherwise
1782 communicating with the [
1783 (c) prohibit the respondent from entering or remaining upon the residence, school, or
1784 place of employment of the [
1785 place frequented by the [
1786 (d) upon finding that the respondent's use or possession of a weapon may pose a
1787 serious threat of harm to the [
1788 possessing a firearm or other specified weapon; and
1789 (e) determine ownership and possession of personal property and direct the appropriate
1790 law enforcement officer to attend and supervise the petitioner's or respondent's removal of
1791 personal property.
1792 (2) A child protective order or an ex parte child protective order may contain the
1793 following provisions the violation of which is contempt of court:
1794 (a) determine temporary custody of [
1795 petition;
1796 (b) determine parent-time with [
1797 including denial of parent-time if necessary to protect the safety of the [
1798 require supervision of parent-time by a third party;
1799 (c) determine support in accordance with Title 78B, Chapter 12, Utah Child Support
1800 Act; and
1801 (d) order any further relief the court considers necessary to provide for the safety and
1802 welfare of the [
1803 [
1804 [
1805
1806 [
1807
1808
1809 [
1810 [
1811 [
1812
1813 [
1814
1815
1816
1817
1818 (3) (a) If the child who is the subject of the child protective order attends the same
1819 school or place of worship as the respondent, or is employed at the same place of employment
1820 as the respondent, the court:
1821 (i) may not enter an order under Subsection (1)(c) that excludes the respondent from
1822 the respondent's school, place of worship, or place of employment; and
1823 (ii) may enter an order governing the respondent's conduct at the respondent's school,
1824 place of worship, or place of employment.
1825 (b) A violation of an order under Subsection (3)(a) is contempt of court.
1826 (4) (a) A respondent may petition the court to modify or vacate a child protective order
1827 after notice and a hearing.
1828 (b) At the hearing described in Subsection (4)(a):
1829 (i) the respondent shall have the burden of proving by clear and convincing evidence
1830 that modification or vacation of the child protective order is in the best interest of the child; and
1831 (ii) the court shall consider:
1832 (A) the nature and duration of the abuse;
1833 (B) the pain and trauma inflicted on the child as a result of the abuse;
1834 (C) if the respondent is a parent of the child, any reunification services provided in
1835 accordance with Title 78A, Chapter 6, Part 3, Abuse, Neglect, and Dependency Proceedings;
1836 and
1837 (D) any other evidence the court finds relevant to the determination of the child's best
1838 interests, including recommendations by the other parent or a guardian of the child, or a mental
1839 health professional.
1840 (c) The child is not required to attend the hearing described in Subsection (4)(a).
1841 Section 38. Section 78B-7-205 is amended to read:
1842 78B-7-205. Service -- Income withholding -- Expiration.
1843 (1) If the court enters an ex parte child protective order or a child protective order, the
1844 court shall:
1845 (a) make reasonable efforts to ensure that the order is understood by the petitioner and
1846 the respondent, if present;
1847 (b) as soon as possible transmit the order to the county sheriff for service; and
1848 (c) by the end of the next business day after the order is entered, transmit electronically
1849 a copy of the order to any law enforcement agency designated by the petitioner and to the
1850 statewide domestic violence network described in Section 78B-7-113.
1851 (2) The county sheriff shall serve the order and transmit verification of service to the
1852 statewide domestic violence network described in Section 78B-7-113 in an expeditious
1853 manner. Any law enforcement agency may serve the order and transmit verification of service
1854 to the statewide domestic violence network if the law enforcement agency has contact with the
1855 respondent or if service by that law enforcement agency is in the best interests of the child.
1856 (3) When an order is served on a respondent in a jail, prison, or other holding facility,
1857 the law enforcement agency managing the facility shall notify the petitioner of the respondent's
1858 release. Notice to the petitioner consists of a prompt, good faith effort to provide notice,
1859 including mailing the notice to the petitioner's last-known address.
1860 (4) Child support orders issued as part of a child protective order are subject to
1861 mandatory income withholding under Title 62A, Chapter 11, Part 4, Income Withholding in
1862 IV-D Cases, and Title 62A, Chapter 11, Part 5, Income Withholding in Non IV-D Cases.
1863 [
1864
1865
1866 [
1867 stepparent, guardian, or custodian of the child who is the subject of the order expires 150 days
1868 after the [
1869 court.
1870 (b) The court may not set a date on which a child protective order described in
1871 Subsection (5)(a) expires that is more than 150 days after the [
1872 the order is issued without a finding of good cause.
1873 (c) The court may review and extend the expiration date of a child protective order
1874 described in Subsection (5)(a), but may not extend [
1875 days after the [
1876 cause.
1877 [
1878
1879
1880 (d) Notwithstanding Subsections (5)(a) through (c), a child protective order is not
1881 effective after the day on which the child who is the subject of the order turns 18 years old and
1882 the court may not extend the expiration date of a child protective order to a date after the day
1883 on which the child who is the subject of the order turns 18 years old.
1884 (6) A child protective order issued against a respondent who is not a parent, stepparent,
1885 guardian, or custodian of the child who is the subject of the order expires on the day on which
1886 the child turns 18 years old.
1887 Section 39. Section 78B-7-402 is amended to read:
1888
1889 78B-7-402. Definitions.
1890 As used in this part:
1891 [
1892 [
1893 [
1894 [
1895 [
1896
1897 [
1898 [
1899 [
1900
1901 [
1902
1903
1904 [
1905
1906 [
1907
1908 [
1909 [
1910
1911 [
1912 [
1913
1914 [
1915
1916 [
1917
1918 [
1919
1920 [
1921
1922 [
1923 [
1924
1925 [
1926
1927 [
1928 this part [
1929 which the petitioner and respondent have been given notice.
1930 [
1931 notice to the respondent[
1932 [
1933 (a) a dating violence protective order; or
1934 (b) an ex parte dating violence protective order.
1935 Section 40. Section 78B-7-403 is amended to read:
1936 78B-7-403. Abuse or danger of abuse -- Dating violence protective orders.
1937 (1) [
1938 subjected to, or there is a substantial likelihood the [
1939 (a) abuse by a dating partner of the [
1940 (b) dating violence by a dating partner of the [
1941 (2) [
1942 not the [
1943 (3) [
1944 the petition for a protective order if:
1945 (a) the [
1946 and
1947 (b) the other party:
1948 (i) is a family or household member of the [
1949 order; and
1950 (ii) there is a substantial likelihood the other party will be subjected to abuse by the
1951 dating partner of the [
1952 (4) [
1953 extent possible, provide information to facilitate identification of the respondent, including a
1954 name, [
1955 telephone number, and physical description.
1956 (5) A petition seeking a protective order under this part may not be withdrawn without
1957 written order of the court.
1958 (6) (a) [
1959 partner[
1960 under this part.
1961 (b) [
1962
1963
1964 individual under Part 6, Cohabitant Abuse Protective Orders.
1965 Section 41. Section 78B-7-404 is amended to read:
1966 78B-7-404. Dating violence protective orders -- Ex parte dating violence
1967 protective orders -- Modification of orders -- Service of process -- Duties of the court.
1968 (1) If it appears from a petition for a protective order or a petition to modify an existing
1969 protective order that a dating partner of the petitioner has abused or committed dating violence
1970 against the petitioner, the [
1971 (a) without notice, immediately issue an ex parte dating violence protective order
1972 against the dating partner or modify an existing dating protective order ex parte if necessary to
1973 protect the petitioner and all parties named in the petition; or
1974 (b) upon notice to the respondent, issue a dating violence protective order or modify a
1975 dating violence protective order after a hearing, regardless of whether the respondent appears.
1976 (2) A [
1977 protective order or a modification issued ex parte:
1978 (a) prohibit the respondent from threatening to commit or committing dating violence
1979 or abuse against the petitioner and any designated family or household member described in the
1980 protective order;
1981 (b) prohibit the respondent from telephoning, contacting, or otherwise communicating
1982 with the petitioner or any designated family or household member, directly or indirectly;
1983 (c) order that the respondent:
1984 (i) is excluded and shall stay away from the petitioner's residence and its premises;
1985 (ii) except as provided in Subsection (4), stay away from the petitioner's:
1986 (A) school and the school's premises; and
1987 (B) place of employment and its premises; and
1988 (iii) stay away from any specified place frequented by the petitioner or any designated
1989 family or household member;
1990 (d) prohibit the respondent from being within a specified distance of the petitioner; and
1991 (e) order any further relief that the court considers necessary to provide for the safety
1992 and welfare of the petitioner and any designated family or household member.
1993 (3) A court may grant the following relief in a dating violence protective order or a
1994 modification of a dating violence protective order, after notice and a hearing, regardless of
1995 whether the respondent appears:
1996 (a) the relief described in Subsection (2); and
1997 (b) except as provided in Subsection (5), upon finding that the respondent's use or
1998 possession of a weapon poses a serious threat of harm to the petitioner or any designated family
1999 or household member, prohibit the respondent from purchasing, using, or possessing a weapon
2000 specified by the court.
2001 (4) If the petitioner or [
2002 protective order attends the same school as the respondent, or is employed at the same place of
2003 employment as the respondent, the district court:
2004 (a) may not enter an order under Subsection (2)(c)(ii) that excludes the respondent
2005 from the respondent's school or place of employment; and
2006 (b) may enter an order governing the respondent's conduct at the respondent's school or
2007 place of employment.
2008 (5) The [
2009 (a) if the respondent has not been given notice of the petition for a protective order and
2010 an opportunity to be heard; and
2011 (b) unless the petition establishes:
2012 (i) by a preponderance of the evidence that the respondent has committed abuse or
2013 dating violence against the petitioner; and
2014 (ii) by clear and convincing evidence that the respondent's use or possession of a
2015 firearm poses a serious threat of harm to petitioner or the designated family or household
2016 member.
2017 [
2018
2019 [
2020 court shall:
2021 (a) as soon as possible, deliver the order to the county sheriff for service of process;
2022 (b) make reasonable efforts at the hearing to ensure that the dating violence protective
2023 order is understood by the petitioner and the respondent, if present;
2024 (c) transmit electronically, by the end of the business day after the day on which the
2025 order is issued, a copy of the dating violence protective order to the local law enforcement
2026 agency designated by the petitioner; and
2027 (d) transmit a copy of the protective order issued under this part in the same manner as
2028 described in Section 78B-7-113.
2029 [
2030 under Subsection [
2031 (i) provide expedited service for protective orders issued in accordance with this part;
2032 and
2033 (ii) after the order has been served, transmit verification of service of process to the
2034 statewide network described in Section [
2035 (b) This section does not prohibit another law enforcement agency from providing
2036 service of process if that law enforcement agency:
2037 (i) has contact with the respondent and service by that law enforcement agency is
2038 possible; or
2039 (ii) determines that, under the circumstances, providing service of process on the
2040 respondent is in the best interests of the petitioner.
2041 [
2042 facility, the law enforcement agency managing the facility shall make a reasonable effort to
2043 provide notice to the petitioner at the time the respondent is released from incarceration.
2044 [
2045 after notice and hearing, if the petitioner:
2046 (a) is personally served with notice of the hearing, as provided in the Utah Rules of
2047 Civil Procedure, and appears before the court to give specific consent to the modification or
2048 vacation of the provisions of the protective order; or
2049 (b) submits an affidavit agreeing to the modification or vacation of the provisions of
2050 the protective order.
2051 [
2052
2053 Section 42. Section 78B-7-405 is amended to read:
2054 78B-7-405. Hearings -- Expiration -- Extension.
2055 (1) (a) [
2056
2057 days after the day on which the court issues an ex parte dating violence protective order.
2058 (b) If, at the hearing described in Subsection (1)(a), the [
2059 dating violence protective order, the ex parte dating protective order shall expire, unless [
2060 dating violence protective order is extended by the [
2061 20-day period may not be granted unless:
2062 (i) the petitioner is unable to be present at the hearing;
2063 (ii) the respondent has not been served; or
2064 (iii) exigent circumstances exist.
2065 (c) Under no circumstances may an ex parte dating violence protective order be
2066 extended beyond 180 days from the day on which the court issues the initial ex parte dating
2067 violence protective order.
2068 (d) If, at the hearing described in Subsection (1)(a), the [
2069 violence protective order, the ex parte dating violence protective order shall remain in effect
2070 until service of process of the dating violence protective order is completed.
2071 (e) A dating violence protective order issued after notice and a hearing shall remain in
2072 effect [
2073 (f) If the hearing on the petition is heard by a commissioner, either the petitioner or
2074 respondent may file an objection within 10 calendar days after the day on which the
2075 recommended order is entered, and the assigned judge shall hold a hearing on the objection
2076 within 20 days after the day on which the objection is filed.
2077 (2) Upon a hearing under this section, the [
2078 permitted under Section 78B-7-404, except the [
2079 described in Subsection 78B-7-404(3)(b) without providing the respondent notice and an
2080 opportunity to be heard.
2081 (3) If a [
2082 or a petition to modify a dating violence protective order ex parte, the [
2083 upon the petitioner's request made within five days after the day on which the court denies the
2084 petition:
2085 (a) [
2086 which the petitioner makes the request; and
2087 (b) notify and serve the respondent.
2088 (4) A dating violence protective order automatically expires as described in Subsection
2089 (1)(e), unless the petitioner files a motion before the day on which the dating violence
2090 protective order expires and demonstrates that:
2091 (a) there is a substantial likelihood the petitioner will be subjected to dating violence;
2092 or
2093 (b) the respondent committed or was convicted of a violation of the dating violence
2094 protective order that the petitioner requests be extended or dating violence after the day on
2095 which the dating violence protective order is issued.
2096 (5) (a) If the court grants the motion under Subsection (4), the court shall set a new
2097 date on which the dating violence protective order expires.
2098 (b) The dating violence protective order shall expire on the date set by the court unless
2099 the petitioner files a motion described in Subsection (4) to extend the dating violence
2100 protective order.
2101 Section 43. Section 78B-7-407 is amended to read:
2102 78B-7-407. Penalties.
2103 [
2104
2105
2106
2107 [
2108 A misdemeanor.
2109 Section 44. Section 78B-7-409 is amended to read:
2110 78B-7-409. Mutual dating violence protective orders.
2111 (1) A court may not grant a mutual order or mutual [
2112 violence protective orders to opposing parties, unless each party:
2113 (a) files an independent petition against the other for a dating violence protective order,
2114 and both petitions are served;
2115 (b) makes a showing at a due process dating violence protective order hearing of abuse
2116 or dating violence committed by the other party; and
2117 (c) demonstrates the abuse or dating violence did not occur in self-defense.
2118 (2) If the court issues mutual dating violence protective orders, the court shall include
2119 specific findings of all elements of Subsection (1) in the court order justifying the entry of the
2120 court order.
2121 [
2122
2123
2124 [
2125 [
2126 [
2127 [
2128 [
2129 [
2130
2131 [
2132 [
2133 [
2134 [
2135
2136 [
2137 (3) (a) Except as provided in Subsection (3)(b), a court may not grant a protective order
2138 to a civil petitioner who is the respondent or defendant subject to:
2139 (i) a civil protective order that is issued under:
2140 (A) this part;
2141 (B) Part 2, Child Protective Orders;
2142 (C) Part 6, Cohabitant Abuse Protective Orders;
2143 (D) Part 8, Criminal Protective Orders; or
2144 (E) Title 78A, Chapter 6, Juvenile Court Act;
2145 (ii) an ex parte civil protective order issued under Part 2, Child Protective Orders; or
2146 (iii) a foreign protection order enforceable under Part 3, Uniform Interstate
2147 Enforcement of Domestic Violence Protection Orders Act.
2148 (b) The court may issue a protective order to a civil petitioner described in Subsection
2149 (3)(a) if:
2150 (i) the court determines that the requirements of Subsection (1) are met; and
2151 (ii) (A) the same court issued the protective order against the respondent; or
2152 (B) the subsequent court determines it would be impractical for the original court to
2153 consider the matter or confers with the court that issued the protective order described in
2154 Subsection (3)(a)(i) or (ii).
2155 Section 45. Section 78B-7-502 is amended to read:
2156
2157 78B-7-502. Definitions.
2158 As used in this part:
2159 [
2160 [
2161 [
2162 notice to the respondent [
2163 [
2164 (a) a sexual violence protective order; or
2165 (b) an ex parte sexual violence protective order.
2166 [
2167 (a) any sexual offense described in Title 76, Chapter 5, Part 4, Sexual Offenses, or
2168 Title 76, Chapter 5b, Part 2, Sexual Exploitation;
2169 (b) human trafficking for forced sexual exploitation under Section 76-5-308; or
2170 (c) aggravated human trafficking for forced sexual exploitation under Section
2171 76-5-310.
2172 [
2173
2174 petition, of which the petitioner and respondent have been given notice.
2175 Section 46. Section 78B-7-504 is amended to read:
2176 78B-7-504. Sexual violence protective orders -- Ex parte protective orders --
2177 Modification of orders.
2178 (1) If it appears from a petition for a protective order or a petition to modify an existing
2179 protective order that sexual violence has occurred, the district court may:
2180 (a) without notice, immediately issue an ex parte sexual violence protective order
2181 against the respondent or modify an existing sexual violence protective order ex parte, if
2182 necessary to protect the petitioner or any party named in the petition; or
2183 (b) upon notice to the respondent, issue a sexual violence protective order or modify a
2184 sexual violence protective order after a hearing, regardless of whether the respondent appears.
2185 (2) The district court may grant the following relief with or without notice in a
2186 protective order or in a modification to a protective order:
2187 (a) prohibit the respondent from threatening to commit or committing sexual violence
2188 against the petitioner and a family or household member designated in the protective order;
2189 (b) prohibit the respondent from telephoning, contacting, or otherwise communicating
2190 with the petitioner or a family or household member designated in the protective order, directly
2191 or indirectly;
2192 (c) order that the respondent:
2193 (i) is excluded and shall stay away from the petitioner's residence and its premises;
2194 (ii) subject to Subsection (4), stay away from the petitioner's:
2195 (A) school and its premises;
2196 (B) place of employment and its premises; or
2197 (C) place of worship and its premises; or
2198 (iii) stay away from any specified place frequented by the petitioner or a family or
2199 household member designated in the protective order;
2200 (d) prohibit the respondent from being within a specified distance of the petitioner; or
2201 (e) order any further relief that the district court considers necessary to provide for the
2202 safety and welfare of the petitioner and a family or household member designated in the
2203 protective order.
2204 (3) The district court may grant the following relief in a sexual violence protective
2205 order or a modification of a sexual violence protective order, after notice and a hearing,
2206 regardless of whether the respondent appears:
2207 (a) the relief described in Subsection (2); and
2208 (b) subject to Subsection (5), upon finding that the respondent's use or possession of a
2209 weapon poses a serious threat of harm to the petitioner or a family or household member
2210 designated in the protective order, prohibit the respondent from purchasing, using, or
2211 possessing a weapon specified by the district court.
2212 (4) If the petitioner or a family or household member designated in the protective order
2213 attends the same school as the respondent, is employed at the same place of employment as the
2214 respondent, or attends the same place of worship as the respondent, the court may enter an
2215 order:
2216 (a) that excludes the respondent from the respondent's school, place of employment, or
2217 place of worship; or
2218 (b) governing the respondent's conduct at the respondent's school, place of
2219 employment, or place of worship.
2220 (5) The district court may not prohibit the respondent from possessing a firearm:
2221 (a) if the respondent has not been given notice of the petition for a protective order and
2222 an opportunity to be heard; and
2223 (b) unless the petition establishes:
2224 (i) by a preponderance of the evidence that the respondent committed sexual violence
2225 against the petitioner; and
2226 (ii) by clear and convincing evidence that the respondent's use or possession of a
2227 firearm poses a serious threat of harm to the petitioner or a family or household member
2228 designated in the protective order.
2229 (6) After the day on which the district court issues a sexual violence protective order,
2230 the district court shall:
2231 (a) as soon as possible, deliver the order to the county sheriff for service of process;
2232 (b) make reasonable efforts at the hearing to ensure that the petitioner and the
2233 respondent, if present, understand the sexual violence protective order;
2234 (c) transmit electronically, by the end of the business day after the day on which the
2235 court issues the order, a copy of the sexual violence protective order to a local law enforcement
2236 agency designated by the petitioner; and
2237 (d) transmit a copy of the sexual violence protective order in the same manner as
2238 described in Section 78B-7-113.
2239 (7) (a) A respondent may request the court modify or vacate a protective order in
2240 accordance with Subsection (7)(b).
2241 (b) Upon a respondent's request, the district court may modify or vacate a protective
2242 order after notice and a hearing, if the petitioner:
2243 (i) is personally served with notice of the hearing, as provided in the Utah Rules of
2244 Civil Procedure, and appears before the district court to give specific consent to the
2245 modification or vacation of the provisions of the protective order; or
2246 (ii) submits an affidavit agreeing to the modification or vacation of the provisions of
2247 the protective order.
2248 [
2249
2250 Section 47. Section 78B-7-505 is amended to read:
2251 78B-7-505. Hearings -- Expiration -- Extension.
2252 (1) (a) [
2253
2254 a sexual violence protective order to be held within 20 days after the day on which the court
2255 issues an ex parte protective order.
2256 (b) If, at the hearing described in Subsection (1)(a), the [
2257 sexual violence protective order, the ex parte sexual protective order expires, unless extended
2258 by the district court.
2259 (c) The [
2260 only if:
2261 (i) a party is unable to be present at the hearing for good cause, established by the
2262 party's sworn affidavit;
2263 (ii) the respondent has not been served; or
2264 (iii) exigent circumstances exist.
2265 (d) If, at the hearing described in Subsection (1)(a), the [
2266 violence protective order, the ex parte sexual violence protective order remains in effect until
2267 service of process of the sexual violence protective order is completed.
2268 (e) A sexual violence protective order remains in effect for [
2269 the day on which the [
2270 (f) If the hearing described in Subsection (1)(a) is held by a commissioner, the
2271 petitioner or respondent may file an objection within 10 calendar days after the day on which
2272 the commissioner enters the recommended order, and the assigned judge shall hold a hearing
2273 on the objection within 20 days after the day on which the objection is filed.
2274 (2) If the [
2275 order or a petition to modify a sexual violence protective order ex parte, the [
2276 shall, upon the petitioner's request made within five days after the day on which the court
2277 denies the petition:
2278 (a) set the matter for hearing to be held within 20 days after the day on which the
2279 petitioner makes the request; and
2280 (b) notify and serve the respondent.
2281 (3) (a) A sexual violence protective order automatically expires under Subsection
2282 (1)(e) unless[
2283 protective order expires requesting an extension of the sexual violence protective order[
2284 demonstrates that:
2285 (i) there is a substantial likelihood the petitioner will be subjected to sexual violence;
2286 or
2287 (ii) the respondent committed or was convicted of a violation of the sexual violence
2288 protective order that the petitioner requests be extended or a sexual violence offense after the
2289 day on which the sexual violence protective order is issued.
2290 [
2291
2292
2293 (b) (i) If the [
2294 violence protective order expires under Subsection (1)(e).
2295 (ii) If the [
2296 court shall set a new date on which the sexual violence protective order expires.
2297 (iii) A sexual violence protective order that is extended under this Subsection (3), may
2298 not be extended for more than [
2299 order for extension.
2300 [
2301 (c) After the day on which the [
2302 protective order, the [
2303 (4) Nothing in this part prohibits a petitioner from seeking another protective order
2304 after the day on which the petitioner's protective order expires.
2305 Section 48. Section 78B-7-508 is amended to read:
2306 78B-7-508. Penalties.
2307 [
2308
2309
2310
2311 [
2312 misdemeanor.
2313 [
2314 Part 5, Falsification in Official Matters, for knowingly falsifying any statement or information
2315 provided for the purpose of obtaining a protective order.
2316 Section 49. Section 78B-7-601 is enacted to read:
2317
2318 78B-7-601. Definitions.
2319 As used in this part:
2320 (1) "Cohabitant abuse protective order" means an order issued under this part after a
2321 hearing on the petition, of which the petitioner and respondent have been given notice.
2322 (2) "Ex parte cohabitant abuse protective order" means an order issued without notice
2323 to the respondent under this part.
2324 (3) "Protective order" means:
2325 (a) a cohabitant abuse protective order; or
2326 (b) an ex parte cohabitant abuse protective order.
2327 Section 50. Section 78B-7-602, which is renumbered from Section 78B-7-103 is
2328 renumbered and amended to read:
2329 [
2330 protective orders.
2331 (1) Any cohabitant who has been subjected to abuse or domestic violence, or to whom
2332 there is a substantial likelihood of abuse or domestic violence, may seek [
2333
2334 the cohabitant has left the residence or the premises in an effort to avoid further abuse.
2335 (2) A petition for a protective order may be filed under this [
2336 whether an action for divorce between the parties is pending.
2337 (3) A petition seeking a protective order may not be withdrawn without approval of the
2338 court.
2339 Section 51. Section 78B-7-603, which is renumbered from Section 78B-7-106 is
2340 renumbered and amended to read:
2341 [
2342 cohabitant abuse protective orders -- Modification of orders -- Service of process -- Duties
2343 of the court.
2344 (1) If it appears from a petition for [
2345 petition to modify [
2346 has occurred, that there is a substantial likelihood domestic violence or abuse will occur, or that
2347 a modification of [
2348 (a) without notice, immediately issue [
2349 abuse protective order or modify [
2350 court considers necessary to protect the petitioner and all parties named to be protected in the
2351 petition; or
2352 (b) upon notice, issue [
2353 after a hearing, regardless of whether the respondent appears.
2354 (2) A court may grant the following relief without notice in [
2355 protective order or a modification issued ex parte:
2356 (a) enjoin the respondent from threatening to commit domestic violence or abuse,
2357 committing domestic violence or abuse, or harassing the petitioner or any designated family or
2358 household member;
2359 (b) prohibit the respondent from telephoning, contacting, or otherwise communicating
2360 with the petitioner or any designated family or household member, directly or indirectly, with
2361 the exception of any parent-time provisions in the ex parte order;
2362 (c) subject to Subsection (2)(e), prohibit the respondent from being within a specified
2363 distance of the petitioner;
2364 (d) subject to Subsection (2)(e), order that the respondent is excluded from and is to
2365 stay away from the following places and their premises:
2366 (i) the petitioner's residence or any designated family or household member's residence;
2367 (ii) the petitioner's school or any designated family or household member's school;
2368 (iii) the petitioner's or any designated family or household member's place of
2369 employment;
2370 (iv) the petitioner's place of worship or any designated family or household member's
2371 place of worship; or
2372 (v) any specified place frequented by the petitioner or any designated family or
2373 household member;
2374 (e) if the petitioner or designated family or household member attends the same school
2375 as the respondent, is employed at the same place of employment as the respondent, or attends
2376 the same place of worship, the court:
2377 (i) may not enter an order under Subsection (2)(c) or (d) that excludes the respondent
2378 from the respondent's school, place of employment, or place of worship; and
2379 (ii) may enter an order governing the respondent's conduct at the respondent's school,
2380 place of employment, or place of worship;
2381 (f) upon finding that the respondent's use or possession of a weapon may pose a serious
2382 threat of harm to the petitioner, prohibit the respondent from purchasing, using, or possessing a
2383 firearm or other weapon specified by the court;
2384 (g) order possession and use of an automobile and other essential personal effects, and
2385 direct the appropriate law enforcement officer to accompany the petitioner to the residence of
2386 the parties to ensure that the petitioner is safely restored to possession of the residence,
2387 automobile, and other essential personal effects, or to supervise the petitioner's or respondent's
2388 removal of personal belongings;
2389 (h) order the respondent to maintain an existing wireless telephone contract or account;
2390 (i) grant to the petitioner or someone other than the respondent temporary custody of a
2391 minor child of the parties;
2392 (j) order the appointment of an attorney guardian ad litem under Sections 78A-2-703
2393 and 78A-6-902;
2394 (k) order any further relief that the court considers necessary to provide for the safety
2395 and welfare of the petitioner and any designated family or household member; and
2396 (l) if the petition requests child support or spousal support, at the hearing on the
2397 petition order both parties to provide verification of current income, including year-to-date pay
2398 stubs or employer statements of year-to-date or other period of earnings, as specified by the
2399 court, and complete copies of tax returns from at least the most recent year.
2400 (3) A court may grant the following relief in [
2401 abuse protective order or a modification of an order after notice and hearing, regardless of
2402 whether the respondent appears:
2403 (a) grant the relief described in Subsection (2); and
2404 (b) specify arrangements for parent-time of any minor child by the respondent and
2405 require supervision of that parent-time by a third party or deny parent-time if necessary to
2406 protect the safety of the petitioner or child.
2407 (4) In addition to the relief granted under Subsection (3), the court may order the
2408 transfer of a wireless telephone number in accordance with Section [
2409 (5) Following the cohabitant abuse protective order hearing, the court shall:
2410 (a) as soon as possible, deliver the order to the county sheriff for service of process;
2411 (b) make reasonable efforts to ensure that the [
2412 protective order is understood by the petitioner, and the respondent, if present;
2413 (c) transmit electronically, by the end of the next business day after the order is issued,
2414 a copy of the [
2415 enforcement agency or agencies designated by the petitioner;
2416 (d) transmit a copy of the order to the statewide domestic violence network described
2417 in Section 78B-7-113; and
2418 (e) if the individual is a respondent or defendant subject to a court order that meets the
2419 qualifications outlined in 18 U.S.C. Sec. 922(g)(8), transmit within 48 hours, excluding
2420 Saturdays, Sundays, and legal holidays, a record of the order to the Bureau of Criminal
2421 Identification that includes:
2422 (i) an agency record identifier;
2423 (ii) the individual's name, sex, race, and date of birth;
2424 (iii) the issue date, conditions, and expiration date for the protective order; and
2425 (iv) if available, the individual's social security number, government issued driver
2426 license or identification number, alien registration number, government passport number, state
2427 identification number, or FBI number.
2428 (6) [
2429 the violation of which are criminal offenses, and one for provisions, the violation of which are
2430 civil violations, as follows:
2431 [
2432 Subsection (3)(a) as it refers to Subsections (2)(a) through (g); and
2433 [
2434 Subsection (3)(a) as it refers to Subsections (2)(h), (j), (k), and (l).
2435 [
2436
2437 [
2438
2439 [
2440 [
2441
2442
2443
2444 [
2445
2446
2447 [
2448 [
2449
2450 [
2451
2452 [
2453
2454 [
2455 are subject to mandatory income withholding under Title 62A, Chapter 11, Part 4, Income
2456 Withholding in IV-D Cases, and Title 62A, Chapter 11, Part 5, Income Withholding in Non
2457 IV-D Cases, except when the protective order is issued ex parte.
2458 [
2459 under Subsection (6)[
2460 orders issued in accordance with this [
2461 process, when the order has been served, to the statewide domestic violence network described
2462 in Section 78B-7-113.
2463 (b) This section does not prohibit any law enforcement agency from providing service
2464 of process if that law enforcement agency:
2465 (i) has contact with the respondent and service by that law enforcement agency is
2466 possible; or
2467 (ii) determines that under the circumstances, providing service of process on the
2468 respondent is in the best interests of the petitioner.
2469 [
2470 the law enforcement agency managing the facility shall make a reasonable effort to provide
2471 notice to the petitioner at the time the respondent is released from incarceration.
2472 (b) Notification of the petitioner shall consist of a good faith reasonable effort to
2473 provide notification, including mailing a copy of the notification to the last-known address of
2474 the victim.
2475 [
2476 any provisions in the protective order after notice and hearing, except that the criminal
2477 provisions of a cohabitant abuse protective order may not be vacated within two years of
2478 issuance unless the petitioner:
2479 (a) is personally served with notice of the hearing, as provided [
2480 the Utah Rules of Civil Procedure, and the petitioner personally appears, in person or through
2481 court video conferencing, before the court and gives specific consent to the vacation of the
2482 criminal provisions of the cohabitant abuse protective order; or
2483 (b) submits a verified affidavit, stating agreement to the vacation of the criminal
2484 provisions of the cohabitant abuse protective order.
2485 [
2486 material change in circumstances.
2487 (12) A civil provision of a cohabitant abuse protective order described in Subsection
2488 (6) may be modified in a divorce proceeding that is pending between the parties to the
2489 cohabitant abuse protective order action after 150 days after the day on which the cohabitant
2490 abuse protective order is issued if:
2491 (a) the parties stipulate in writing or on the record to dismiss a civil provision of the
2492 cohabitant abuse protective order; or
2493 (b) the court in the divorce proceeding finds good cause to modify the civil provision.
2494 [
2495
2496 Section 52. Section 78B-7-604, which is renumbered from Section 78B-7-107 is
2497 renumbered and amended to read:
2498 [
2499 (1) (a) When a court issues an ex parte cohabitant abuse protective order the court shall
2500 set a date for a hearing on the petition to be held within 20 days after the day on which the ex
2501 parte cohabitant abuse protective order is issued.
2502 (b) If at that hearing the court does not issue a protective order, the ex parte cohabitant
2503 abuse protective order shall expire, unless [
2504 otherwise extended by the court. Extensions beyond the 20-day period may not be granted
2505 unless:
2506 (i) the petitioner is unable to be present at the hearing;
2507 (ii) the respondent has not been served;
2508 (iii) the respondent has had the opportunity to present a defense at the hearing;
2509 (iv) the respondent requests that the ex parte cohabitant abuse protective order be
2510 extended; or
2511 (v) exigent circumstances exist.
2512 (c) Under no circumstances may an ex parte cohabitant abuse protective order be
2513 extended beyond 180 days from the [
2514 initial ex parte cohabitant abuse protective order.
2515 (d) If at that hearing the court issues a cohabitant abuse protective order, the ex parte
2516 cohabitant abuse protective order remains in effect until service of process of the protective
2517 order is completed.
2518 (e) A cohabitant abuse protective order issued after notice and a hearing is effective
2519 until further order of the court.
2520 (f) If the hearing on the petition is heard by a commissioner, either the petitioner or
2521 respondent may file an objection within 10 days [
2522 recommended order and the assigned judge shall hold a hearing within 20 days [
2523 after the day on which the objection is filed.
2524 (2) Upon a hearing under this section, the court may grant any of the relief described in
2525 Section [
2526 (3) When a court denies a petition for an ex parte cohabitant abuse protective order or a
2527 petition to modify [
2528 petitioner made within five days after the day on which the court denies the petition, the court
2529 shall:
2530 (a) set the matter for hearing to be held within 20 days after the day on which the
2531 petitioner makes the request; and
2532 (b) notify the petitioner and serve the respondent.
2533 (4) A respondent who has been served with an ex parte cohabitant abuse protective
2534 order may seek to vacate the ex parte cohabitant abuse protective order [
2535
2536 day on which the hearing is set. The respondent's verified motion to vacate and a notice of
2537 hearing on that motion shall be personally served on the petitioner at least two days [
2538 before the day on which the hearing on the motion to vacate is set.
2539 Section 53. Section 78B-7-605, which is renumbered from Section 78B-7-115 is
2540 renumbered and amended to read:
2541 [
2542 [
2543
2544
2545 [
2546
2547 [
2548
2549 [
2550
2551 [
2552
2553 [
2554 [
2555 [
2556 [
2557 (1) The court may amend or dismiss a protective order issued in accordance with this
2558 part that has been in effect for at least one year if the court finds that:
2559 (a) the basis for the issuance of the protective order no longer exists;
2560 (b) the petitioner has repeatedly acted in contravention of the protective order
2561 provisions to intentionally or knowingly induce the respondent to violate the protective order;
2562 and
2563 (c) the petitioner's actions demonstrate that the petitioner no longer has a reasonable
2564 fear of the respondent[
2565 [
2566
2567
2568 [
2569 either party acted:
2570 (a) in bad faith; or
2571 (b) with intent to harass or intimidate the other party.
2572 [
2573
2574
2575 [
2576 between parties to a protective order action, the protective order shall be dismissed when the
2577 court issues a decree of divorce for the parties if:
2578 (a) the respondent files a motion to dismiss a protective order in both the divorce
2579 action and the protective order action and personally serves the petitioner; and
2580 (b) (i) the parties stipulate in writing or on the record to dismiss the protective order; or
2581 (ii) based on evidence at the divorce trial, the court determines that the petitioner no
2582 longer has a reasonable fear of future harm, abuse, or domestic violence [
2583
2584 [
2585
2586
2587
2588 [
2589
2590
2591 [
2592
2593 [
2594
2595
2596 [
2597
2598 [
2599
2600 [
2601 (a) issue an order of dismissal to be filed in the protective order action; and
2602 (b) transmit a copy of the order of dismissal to the statewide domestic violence
2603 network as described in Section 78B-7-113.
2604 [
2605
2606 Section 54. Section 78B-7-606, which is renumbered from Section 78B-7-115.5 is
2607 renumbered and amended to read:
2608 [
2609 (1) Subject to the other provisions of this section, [
2610 protective order [
2611 day on which the cohabitant abuse protective order is entered.
2612 (2) [
2613 Subsection (1), unless the petitioner files a motion before the day on which the cohabitant
2614 abuse protective order expires and demonstrates that:
2615 (a) the petitioner has a current reasonable fear of future harm, abuse, or domestic
2616 violence[
2617 (b) the respondent committed or was convicted of a cohabitant abuse protective order
2618 violation or a qualifying domestic violence offense, as defined in Section 77-36-1.1,
2619 subsequent to the issuance of the cohabitant abuse protective order.
2620 (3) (a) If the court grants the motion under Subsection (2), the court shall set a new
2621 date on which the cohabitant abuse protective order expires.
2622 (b) The cohabitant abuse protective order will expire on the date set by the court unless
2623 the petitioner files a motion described in Subsection (2) to extend the cohabitant abuse
2624 protective order.
2625 Section 55. Section 78B-7-607 is enacted to read:
2626 78B-7-607. Penalties.
2627 (1) A violation of a criminal provision of a protective order issued under this part is a
2628 class A misdemeanor.
2629 (2) A violation of a civil provision of a protective order issued under this part is
2630 contempt of court.
2631 Section 56. Section 78B-7-608, which is renumbered from Section 78B-7-110 is
2632 renumbered and amended to read:
2633 [
2634 The court may not deny a petitioner relief requested [
2635 part solely because of a lapse of time between an act of domestic violence or abuse and the
2636 filing of the petition for [
2637 Section 57. Section 78B-7-609, which is renumbered from Section 78B-7-111 is
2638 renumbered and amended to read:
2639 [
2640 mediation.
2641 In any case brought under the provisions of this [
2642 the parties into mediation for resolution of the issues in a petition for [
2643 protective order.
2644 Section 58. Section 78B-7-701, which is renumbered from Section 77-3a-101 is
2645 renumbered and amended to read:
2646
2647 [
2648 injunction.
2649 [
2650
2651
2652
2653 [
2654 believes that [
2655 petition for a civil stalking injunction against the alleged stalker with the district court in the
2656 district in which the [
2657 occurred. A minor with [
2658
2659 minor's behalf.
2660 (b) A stalking injunction may not be obtained against a law enforcement officer,
2661 governmental investigator, or licensed private investigator, who is acting in official capacity.
2662 [
2663
2664
2665
2666 [
2667
2668 [
2669
2670 [
2671 (a) the name of the petitioner[
2672 the court for purposes of service, but, on request of the petitioner, the address may not be listed
2673 on the petition, and shall be protected and maintained in a separate document or automated
2674 database, not subject to release, disclosure, or any form of public access except as ordered by
2675 the court for good cause shown;
2676 (b) the name and address, if known, of the respondent;
2677 (c) specific events and dates of the actions constituting the alleged stalking;
2678 (d) if there is a prior court order concerning the same conduct, the name of the court in
2679 which the order was rendered; and
2680 (e) corroborating evidence of stalking, which may be in the form of a police report,
2681 affidavit, record, statement, item, letter, or any other evidence which tends to prove the
2682 allegation of stalking.
2683 [
2684 stalking has occurred, an ex parte civil stalking injunction may be issued by the court that
2685 includes any of the following:
2686 (i) respondent may be enjoined from committing stalking;
2687 (ii) respondent may be restrained from coming near the residence, place of
2688 employment, or school of the other party or specifically designated locations or persons;
2689 (iii) respondent may be restrained from contacting, directly or indirectly, the other
2690 party, including personal, written or telephone contact with the other party, the other party's
2691 employers, employees, fellow workers or others with whom communication would be likely to
2692 cause annoyance or alarm to the other party; or
2693 (iv) any other relief necessary or convenient for the protection of the petitioner and
2694 other specifically designated [
2695 (b) If the petitioner and respondent have minor children, the court shall follow the
2696 provisions of Section [
2697 custody and parent-time rights while ensuring the safety of the victim and the minor children.
2698 If the court issues a civil stalking injunction, but declines to address custody and parent-time
2699 issues, a copy of the stalking injunction shall be filed in any action in which custody and
2700 parent-time issues are being considered.
2701 [
2702 stalking injunction is served, the respondent is entitled to request, in writing, an evidentiary
2703 hearing on the civil stalking injunction.
2704 (a) A hearing requested by the respondent shall be held within 10 days [
2705
2706 reasons to continue the hearing. The hearing shall then be held at the earliest possible time.
2707 The burden is on the petitioner to show by a preponderance of the evidence that stalking of the
2708 petitioner by the respondent has occurred.
2709 (b) An ex parte civil stalking injunction issued under this section shall state on [
2710 civil stalking injunction's face:
2711 (i) that the respondent is entitled to a hearing, upon written request within 10 days [
2712
2713 (ii) the name and address of the [
2714 (iii) that if the respondent fails to request a hearing within 10 days [
2715 the day on which the ex parte civil stalking injunction is served, the ex parte civil stalking
2716 injunction is automatically modified to a civil stalking injunction without further notice to the
2717 respondent and [
2718 on which the ex parte civil stalking injunction is served; and
2719 (iv) that if the respondent requests, in writing, a hearing after the ten-day period after
2720 service, the court shall set a hearing within a reasonable time from the date requested.
2721 [
2722 burden is on the petitioner to show by a preponderance of the evidence that stalking of the
2723 petitioner by the respondent has occurred.
2724 [
2725
2726
2727
2728 [
2729 90 days [
2730 An ex parte civil stalking injunction is effective upon service. If no hearing is requested in
2731 writing by the respondent within 10 days [
2732 civil stalking injunction is served, the ex parte civil stalking injunction automatically becomes
2733 a civil stalking injunction without further notice to the respondent and expires three years [
2734
2735 [
2736 service, the court shall set a hearing within a reasonable time from the date requested. At the
2737 hearing, the burden is on the respondent to show good cause why the civil stalking injunction
2738 should be dissolved or modified.
2739 [
2740 returned, excluding weekends and holidays, the clerk of the court from which the ex parte civil
2741 stalking injunction was issued shall enter a copy of the ex parte civil stalking injunction and
2742 proof of service or acceptance of service in the statewide network for warrants or a similar
2743 system.
2744 (a) The effectiveness of an ex parte civil stalking injunction or civil stalking injunction
2745 [
2746 injunction in the statewide system and, for enforcement purposes, a certified copy of an ex
2747 parte civil stalking injunction or civil stalking injunction is presumed to be a valid existing
2748 order of the court for a period of three years [
2749 the ex parte civil stalking injunction is served on the respondent.
2750 (b) Any changes or modifications of the ex parte civil stalking injunction are effective
2751 upon service on the respondent. The original ex parte civil stalking injunction continues in
2752 effect until service of the changed or modified civil stalking injunction on the respondent.
2753 [
2754 returned, excluding weekends and holidays, the clerk of the court shall enter a copy of the
2755 changed or modified civil stalking injunction and proof of service or acceptance of service in
2756 the statewide network for warrants or a similar system.
2757 [
2758 dissolved at any time upon application of the petitioner to the court [
2759 ex parte civil stalking injunction or civil stalking injunction.
2760 [
2761
2762
2763
2764
2765 (11) An ex parte civil stalking injunction and a civil stalking injunction shall be served
2766 by a sheriff or constable in accordance with this section.
2767 [
2768 court are in addition to any other civil and criminal remedies available. The [
2769 shall hear and decide all matters arising [
2770 [
2771 order requiring any party to pay the costs of the action, including reasonable attorney fees.
2772 [
2773
2774 does not apply to preliminary injunctions issued [
2775 marriage or legal separation.
2776 Section 59. Section 78B-7-702, which is renumbered from Section 77-3a-101.1 is
2777 renumbered and amended to read:
2778 [
2779 (1) A court may not grant a mutual order or mutual civil stalking injunction to
2780 opposing parties, unless each party:
2781 (a) files an independent petition against the other for a civil stalking injunction, and
2782 both petitions are served;
2783 (b) makes a showing at an evidentiary hearing on the civil stalking injunction that
2784 stalking has occurred by the other party; and
2785 (c) demonstrates the alleged act did not occur in self-defense.
2786 (2) If the court issues mutual civil stalking injunctions, the court shall include specific
2787 findings of all elements of Subsection (1) in the court order justifying the entry of the court
2788 orders.
2789 [
2790
2791
2792 [
2793 [
2794 [
2795
2796 [
2797 [
2798 [
2799 [
2800 [
2801 [
2802 [
2803
2804 [
2805 (3) (a) Except as provided in Subsection (3)(b), a court may not grant a protective order
2806 to a civil petitioner who is the respondent or defendant subject to:
2807 (i) a civil stalking injunction;
2808 (ii) a civil protective order that is issued under:
2809 (A) this part;
2810 (B) Part 2, Child Protective Orders;
2811 (C) Part 6, Cohabitant Abuse Protective Orders;
2812 (D) Part 8, Criminal Protective Orders; or
2813 (E) Title 78A, Chapter 6, Juvenile Court Act;
2814 (iii) an ex parte civil protective order issued under Part 2, Child Protective Orders; or
2815 (iv) a foreign protection order enforceable under Part 3, Uniform Interstate
2816 Enforcement of Domestic Violence Protection Orders Act.
2817 (b) The court may issue a protective order to a civil petitioner described in Subsection
2818 (3)(a) if:
2819 (i) the court determines that the requirements of Subsection (1) are met; and
2820 (ii) (A) the same court issued the protective order against the respondent; or
2821 (B) the subsequent court determines it would be impractical for the original court to
2822 consider the matter or confers with the court that issued the protective order described in
2823 Subsection (3)(a)(ii) or (iii).
2824 Section 60. Section 78B-7-703, which is renumbered from Section 77-3a-103 is
2825 renumbered and amended to read:
2826 [
2827 [
2828
2829
2830
2831
2832 [
2833 injunction issued [
2834 stalking [
2835 injunction. [
2836 (2) A violation of an ex parte civil stalking injunction or of a civil stalking injunction
2837 issued under this part may be enforced by a civil action initiated by the petitioner, a criminal
2838 action initiated by a prosecuting attorney, or both.
2839 Section 61. Section 78B-7-801 is enacted to read:
2840
2841 78B-7-801. Definitions.
2842 As used in this part:
2843 (1) "Jail release agreement" means a written agreement that is entered into by an
2844 arrested individual, regardless of whether the individual is booked into jail:
2845 (a) under which the arrested individual agrees to not engage in any of the following:
2846 (i) have personal contact with the alleged victim;
2847 (ii) threaten or harass the alleged victim; or
2848 (iii) knowingly enter on the premises of the alleged victim's residence or on premises
2849 temporarily occupied by the alleged victim; and
2850 (b) that specifies other conditions of release from jail or arrest.
2851 (2) "Jail release court order" means a written court order that:
2852 (a) orders an arrested individual not to engage in any of the following:
2853 (i) have personal contact with the alleged victim;
2854 (ii) threaten or harass the alleged victim; or
2855 (iii) knowingly enter on the premises of the alleged victim's residence or on premises
2856 temporarily occupied by the alleged victim; and
2857 (b) specifies other conditions of release from jail.
2858 (3) "Minor" means an unemancipated individual who is younger than 18 years of age.
2859 (4) "Offense against a child or vulnerable adult" means the commission or attempted
2860 commission of an offense described in Section 76-5-109, 76-5-109.1, 76-5-110, or 76-5-111.
2861 (5) "Qualifying offense" means:
2862 (a) domestic violence;
2863 (b) an offense against a child or vulnerable adult; or
2864 (c) the commission or attempted commission of an offense described in Title 76,
2865 Chapter 5, Part 4, Sexual Offenses.
2866 Section 62. Section 78B-7-802, which is renumbered from Section 77-20-3.5 is
2867 renumbered and amended to read:
2868 [
2869 and other offenses -- Jail release agreements -- Jail release court orders.
2870 [
2871 [
2872 [
2873
2874 [
2875 [
2876 [
2877 [
2878
2879 [
2880 [
2881 [
2882 [
2883 [
2884 [
2885
2886 [
2887 [
2888 [
2889
2890 [
2891 [
2892 [
2893 [
2894
2895 [
2896 on bail, recognizance, or otherwise, the individual may not personally contact the alleged
2897 victim.
2898 [
2899 [
2900 not be released before:
2901 (i) the matter is submitted to a magistrate in accordance with Section 77-7-23; or
2902 (ii) the individual signs a jail release agreement.
2903 (b) The arresting officer shall ensure that the information presented to the magistrate
2904 includes whether the alleged victim has made a waiver described in Subsection [
2905 (c) (i) If the magistrate determines there is probable cause to support the charge or
2906 charges of one or more qualifying offenses , the magistrate shall determine whether the arrested
2907 individual may be held without bail, in accordance with Section 77-20-1.
2908 (ii) If the magistrate determines that the arrested individual has the right to be admitted
2909 to bail, the magistrate shall determine:
2910 (A) whether any release conditions, including electronic monitoring, are necessary to
2911 protect the alleged victim; and
2912 (B) any bail that is required to guarantee the arrested [
2913 appearance in court.
2914 (d) The magistrate may not release an individual arrested for a qualifying offense
2915 unless the magistrate issues a jail release court order or the arrested individual signs a jail
2916 release agreement.
2917 [
2918 an initial appearance or to appear at the time scheduled by the magistrate within 96 hours after
2919 the time of arrest, the individual shall comply with the release conditions of a jail release
2920 agreement or jail release court order until the individual makes an initial appearance.
2921 (b) If the prosecutor has not filed charges against an individual who was arrested for a
2922 qualifying offense and who appears in court at the time scheduled by the magistrate under
2923 Subsection [
2924 (i) may, upon the motion of the prosecutor and after allowing the individual an
2925 opportunity to be heard on the motion, extend the release conditions described in the jail
2926 release court order or the jail release agreement by no more than three court days; and
2927 (ii) if the court grants the motion described in Subsection [
2928 arrested individual to appear at a time scheduled before the end of the granted extension.
2929 (c) (i) If the prosecutor determines that there is insufficient evidence to file charges
2930 before an initial appearance scheduled under Subsection [
2931 transmit a notice of declination to either the magistrate who signed the jail release court order
2932 or, if the releasing agency obtains a jail release agreement from the released arrestee, to the
2933 statewide domestic violence network described in Section 78B-7-113.
2934 (ii) A prosecutor's notice of declination transmitted under this Subsection [
2935 considered a motion to dismiss a jail release court order and a notice of expiration of a jail
2936 release agreement.
2937 [
2938 jail release agreement or jail release court order expires at midnight after the earlier of:
2939 (a) the arrested individual's initial scheduled court appearance described in Subsection
2940 [
2941 (b) the day on which the prosecutor transmits the notice of the declination under
2942 Subsection [
2943 (c) 30 days after the day on which the arrested individual is arrested.
2944 [
2945 minor may waive in writing the release conditions prohibiting:
2946 (A) personal contact with the alleged victim; or
2947 (B) knowingly entering on the premises of the alleged victim's residence or on
2948 premises temporarily occupied by the alleged victim.
2949 (ii) Upon waiver, the release conditions described in Subsection [
2950 apply to the arrested individual.
2951 (b) A court or magistrate may modify a jail release agreement or a jail release court
2952 order in writing or on the record, and only for good cause shown.
2953 [
2954 [
2955 (i) notify the arresting law enforcement agency of the release, conditions of release, and
2956 any available information concerning the location of the alleged victim;
2957 (ii) make a reasonable effort to notify the alleged victim of the release; and
2958 (iii) before releasing the arrested individual, give the arrested individual a copy of the
2959 jail release agreement or the jail release court order.
2960 (b) (i) When an individual arrested for domestic violence is released [
2961 under this section based on a jail release agreement, the releasing agency shall transmit that
2962 information to the statewide domestic violence network described in Section 78B-7-113.
2963 (ii) When an individual arrested for domestic violence is released [
2964 this section based upon a jail release court order or if a jail release agreement is modified
2965 [
2966 domestic violence network described in Section 78B-7-113.
2967 (c) This Subsection [
2968 officer or agency, and the good faith immunity provided by Section 77-36-8 is applicable.
2969 [
2970
2971
2972 [
2973
2974 [
2975
2976 [
2977
2978 [
2979 [
2980 released in accordance with this section may subsequently be held without bail if there is
2981 substantial evidence to support a new felony charge against the individual.
2982 [
2983 shall provide the alleged victim with written notice containing:
2984 (a) the release conditions described in this section, and notice that the alleged
2985 perpetrator will not be released, before appearing before the court with jurisdiction over the
2986 offense for which the alleged perpetrator was arrested, unless:
2987 (i) the alleged perpetrator enters into a jail release agreement to comply with the release
2988 conditions; or
2989 (ii) the magistrate issues a jail release order that specifies the release conditions;
2990 (b) notification of the penalties for violation of any jail release agreement or jail release
2991 court order;
2992 (c) the address of the appropriate court in the district or county in which the alleged
2993 victim resides;
2994 (d) the availability and effect of any waiver of the release conditions; and
2995 (e) information regarding the availability of and procedures for obtaining civil and
2996 criminal protective orders with or without the assistance of an attorney.
2997 [
2998 shall provide the alleged perpetrator with written notice containing:
2999 (a) notification that the alleged perpetrator may not contact the alleged victim before
3000 being released;
3001 (b) the release conditions described in this section and notice that the alleged
3002 perpetrator will not be released, before appearing before the court with jurisdiction over the
3003 offense for which the alleged perpetrator was arrested, unless:
3004 (i) the alleged perpetrator enters into a jail release agreement to comply with the release
3005 conditions; or
3006 (ii) the magistrate issues a jail release court order;
3007 (c) notification of the penalties for violation of any jail release agreement or jail release
3008 court order; and
3009 (d) notification that the alleged perpetrator is to personally appear in court on the next
3010 day the court is open for business after the day of the arrest.
3011 [
3012 part supersedes a jail release agreement or jail release court order.
3013 (b) If a court dismisses the charges for the qualifying offense that gave rise to a jail
3014 release agreement or jail release court order, the court shall dismiss the jail release agreement
3015 or jail release court order.
3016 [
3017 offense is a minor, unless the qualifying offense is domestic violence.
3018 Section 63. Section 78B-7-803 is enacted to read:
3019 78B-7-803. Pretrial protective orders.
3020 (1) (a) When a defendant is charged with a crime involving a qualifying offense, the
3021 court shall, at the time of the defendant's court appearance under Section 77-36-2.6:
3022 (i) determine the necessity of imposing a pretrial protective order or other condition of
3023 pretrial release; and
3024 (ii) state the court's findings and determination in writing.
3025 (b) In any criminal case, the court may, during any court hearing where the defendant is
3026 present, issue a pretrial protective order, pending trial.
3027 (2) A court may include any of the following provisions in a pretrial protective order:
3028 (a) an order enjoining the defendant from threatening to commit or committing acts of
3029 domestic violence or abuse against the victim and any designated family or household member;
3030 (b) an order prohibiting the defendant from harassing, telephoning, contacting, or
3031 otherwise communicating with the victim, directly or indirectly;
3032 (c) an order removing and excluding the defendant from the victim's residence and the
3033 premises of the residence;
3034 (d) an order requiring the defendant to stay away from the victim's residence, school, or
3035 place of employment, and the premises of any of these, or any specified place frequented by the
3036 victim and any designated family member;
3037 (e) an order for any other relief that the court considers necessary to protect and
3038 provide for the safety of the victim and any designated family or household member;
3039 (f) an order identifying and requiring an individual designated by the victim to
3040 communicate between the defendant and the victim if and to the extent necessary for family
3041 related matters;
3042 (g) an order requiring the defendant to participate in an electronic or other type of
3043 monitoring program; and
3044 (h) if the alleged victim and the defendant share custody of one or more minor
3045 children, an order for indirect or limited contact to temporarily facilitate parent visitation with a
3046 minor child.
3047 (3) When issuing a pretrial protective order, the court shall determine whether to allow
3048 provisions for transfer of personal property to decrease the need for contact between the parties.
3049 Section 64. Section 78B-7-804 is enacted to read:
3050 78B-7-804. Sentencing and continuous protective orders for a domestic violence
3051 offense -- Modification.
3052 (1) Before a perpetrator who has been convicted of a domestic violence offense may be
3053 placed on probation, the court shall consider the safety and protection of the victim and any
3054 member of the victim's family or household.
3055 (2) The court may condition probation or a plea in abeyance on the perpetrator's
3056 compliance with a sentencing protective order that includes:
3057 (a) an order enjoining the perpetrator from threatening to commit or committing acts of
3058 domestic violence against the victim or other family or household member;
3059 (b) an order prohibiting the perpetrator from harassing, telephoning, contacting, or
3060 otherwise communicating with the victim, directly or indirectly;
3061 (c) an order requiring the perpetrator to stay away from the victim's residence, school,
3062 place of employment, and the premises of any of these, or a specified place frequented
3063 regularly by the victim or any designated family or household member;
3064 (d) an order prohibiting the perpetrator from purchasing, using, or possessing a firearm
3065 or other specified weapon;
3066 (e) an order directing the perpetrator to surrender any weapons the perpetrator owns or
3067 possesses; and
3068 (f) an order imposing any other condition necessary to protect the victim and any other
3069 designated family or household member or to rehabilitate the perpetrator.
3070 (3) (a) Because of the serious, unique, and highly traumatic nature of domestic violence
3071 crimes, the high recidivism rate of violent offenders, and the demonstrated increased risk of
3072 continued acts of violence subsequent to the release of a perpetrator who is convicted of
3073 domestic violence, it is the finding of the Legislature that domestic violence crimes warrant the
3074 issuance of continuous protective orders under this Subsection (3) because of the need to
3075 provide ongoing protection for the victim and to be consistent with the purposes of protecting
3076 victims' rights under Title 77, Chapter 37, Victims' Rights, and Title 77, Chapter 38, Rights of
3077 Crime Victims Act, and Article I, Section 28 of the Utah Constitution.
3078 (b) If a perpetrator is convicted of a domestic violence offense resulting in a sentence
3079 of imprisonment, including jail, that is to be served after conviction, the court shall issue a
3080 continuous protective order at the time of the conviction or sentencing limiting the contact
3081 between the perpetrator and the victim unless the court determines by clear and convincing
3082 evidence that the victim does not a have a reasonable fear of future harm or abuse.
3083 (c) (i) The court shall notify the perpetrator of the right to request a hearing.
3084 (ii) If the perpetrator requests a hearing under this Subsection (3)(c), the court shall
3085 hold the hearing at the time determined by the court. The continuous protective order shall be
3086 in effect while the hearing is being scheduled and while the hearing is pending.
3087 (d) A continuous protective order is permanent in accordance with this Subsection (3)
3088 and may include:
3089 (i) an order enjoining the perpetrator from threatening to commit or committing acts of
3090 domestic violence against the victim or other family or household member;
3091 (ii) an order prohibiting the perpetrator from harassing, telephoning, contacting, or
3092 otherwise communicating with the victim, directly or indirectly;
3093 (iii) an order prohibiting the perpetrator from going to the victim's residence, school,
3094 place of employment, and the premises of any of these, or a specified place frequented
3095 regularly by the victim or any designated family or other household member;
3096 (iv) an order directing the perpetrator to pay restitution to the victim as may apply, and
3097 shall be enforced in accordance with Title 77, Chapter 38a, Crime Victims Restitution Act; and
3098 (v) any other order the court considers necessary to fully protect the victim and
3099 members of the victim's family or other household member.
3100 (4) A continuous protective order may be modified or dismissed only if the court
3101 determines by clear and convincing evidence that all requirements of Subsection (3) have been
3102 met and the victim does not have a reasonable fear of future harm or abuse.
3103 (5) In addition to the process of issuing a continuous protective order described in
3104 Subsection (3), a district court may issue a continuous protective order at any time if the victim
3105 files a petition with the court, and after notice and hearing the court finds that a continuous
3106 protective order is necessary to protect the victim.
3107 Section 65. Section 78B-7-805 is enacted to read:
3108 78B-7-805. Sentencing protective orders and continuous protective orders for an
3109 offense that is not domestic violence -- Modification.
3110 (1) Before a perpetrator has been convicted of an offense that is not domestic violence
3111 is placed on probation, the court may consider the safety and protection of the victim and any
3112 member of the victim's family or household.
3113 (2) The court may condition probation or a plea in abeyance on the perpetrator's
3114 compliance with a sentencing protective order that includes:
3115 (a) an order enjoining the perpetrator from threatening to commit or committing acts of
3116 domestic violence against the victim or other family or household member;
3117 (b) an order prohibiting the perpetrator from harassing, telephoning, contacting, or
3118 otherwise communicating with the victim, directly or indirectly;
3119 (c) an order requiring the perpetrator to stay away from the victim's residence, school,
3120 place of employment, and the premises of any of these, or a specified place frequented
3121 regularly by the victim or any designated family or household member;
3122 (d) an order prohibiting the perpetrator from purchasing, using, or possessing a firearm
3123 or other specified weapon;
3124 (e) an order directing the perpetrator to surrender any weapons the perpetrator owns or
3125 possesses; and
3126 (f) an order imposing any other condition necessary to protect the victim and any other
3127 designated family or household member or to rehabilitate the perpetrator.
3128 (3) (a) If a perpetrator is convicted of an offense that is not domestic violence resulting
3129 in a sentence of imprisonment that is to be served after conviction, the court may issue a
3130 continuous protective order at the time of the conviction or sentencing limiting the contact
3131 between the perpetrator and the victim if the court determines by clear and convincing evidence
3132 that the victim has a reasonable fear of future harm or abuse.
3133 (b) (i) The court shall notify the perpetrator of the right to request a hearing.
3134 (ii) If the perpetrator requests a hearing under this Subsection (3), the court shall hold
3135 the hearing at the time determined by the court and the continuous protective order shall be in
3136 effect while the hearing is being scheduled and while the hearing is pending.
3137 (c) A continuous protective order is permanent in accordance with this Subsection
3138 (3)(c) and may include any order described in Subsection 78B-7-804(3)(c).
3139 (4) A continuous protective order issued under this section may be modified or
3140 dismissed only in accordance with Subsection 78B-7-804(4).
3141 (5) In addition to the process of issuing a continuous protective order described in
3142 Subsection (3)(a), a district court may issue a continuous protective order at any time in
3143 accordance with Subsection 78B-7-804(5).
3144 Section 66. Section 78B-7-806 is enacted to read:
3145 78B-7-806. Penalties.
3146 (1) (a) A violation of Subsection 78B-7-802(1) is a class B misdemeanor.
3147 (b) An individual who knowingly violates a jail release court order or jail release
3148 agreement executed under Subsection 78B-7-802(2) is guilty of:
3149 (i) a third degree felony, if the original arrest was for a felony; or
3150 (ii) a class A misdemeanor, if the original arrest was for a misdemeanor.
3151 (2) A violation of a pretrial protective order issued under this part is:
3152 (a) a third degree felony, if the original arrest or subsequent charge filed is a felony; or
3153 (b) a class A misdemeanor, if the original arrest or subsequent charge filed is a
3154 misdemeanor.
3155 (3) A violation of a sentencing protective order and of a continuous protective order
3156 issued under this part is:
3157 (a) a third degree felony, if the conviction was a felony; or
3158 (b) a class A misdemeanor, if the conviction was a misdemeanor.
3159 Section 67. Section 78B-7-807 is enacted to read:
3160 78B-7-807. Notice to victims.
3161 (1) (a) The court shall provide the victim with a certified copy of any pretrial protective
3162 order that has been issued if the victim can be located with reasonable effort.
3163 (b) If the court is unable to locate the victim, the court shall provide the victim's
3164 certified copy to the prosecutor.
3165 (c) A sentencing protective order or continuous protective order issued under this part
3166 shall be in writing, and the prosecutor shall provide a certified copy of that order to the victim.
3167 (2) (a) Adult Probation and Parole, or another provider, shall immediately report to the
3168 court and notify the victim of any violation of any sentencing protective order issued under this
3169 part.
3170 (b) Notification of the victim under Subsection (2)(a) shall consist of a good faith
3171 reasonable effort to provide prompt notification, including mailing a copy of the notification to
3172 the last-known address of the victim.
3173 (3) (a) Before release of an individual who is subject to a continuous protective order
3174 issued under this part, the victim shall receive notice of the imminent release by the law
3175 enforcement agency that is releasing the individual who is subject to the continuous protective
3176 order:
3177 (i) if the victim has provided the law enforcement agency contact information; and
3178 (ii) in accordance with Section 64-13-14.7, if applicable.
3179 (b) Before release, the law enforcement agency shall notify in writing the individual
3180 being released that a violation of the continuous protective order issued at the time of
3181 conviction or sentencing continues to apply, and that a violation of the continuous protective
3182 order is punishable as described in Section 78B-7-806.
3183 (4) The court shall transmit a dismissal, termination, and expiration of a pretrial
3184 protective order, sentencing protective order, or a continuous protective order to the statewide
3185 domestic violence network described in Section 78B-7-113.
3186 Section 68. Section 78B-7-901 is enacted to read:
3187
3188 78B-7-901. Definitions.
3189 As used in this part:
3190 (1) "Conviction" means:
3191 (a) a verdict or conviction;
3192 (b) a plea of guilty or guilty and mentally ill;
3193 (c) a plea of no contest; or
3194 (d) the acceptance by the court of a plea in abeyance.
3195 (2) "Immediate family" means the same as that term is defined in Section 76-5-106.5.
3196 Section 69. Section 78B-7-902 is enacted to read:
3197 78B-7-902. Permanent criminal stalking injunction -- Modification.
3198 (1) (a) The following serve as an application for a permanent criminal stalking
3199 injunction limiting the contact between the defendant and the victim:
3200 (i) a conviction for:
3201 (A) stalking; or
3202 (B) attempt to commit stalking; or
3203 (ii) a plea to any of the offenses described in Subsection (1)(a)(i) accepted by the court
3204 and held in abeyance for a period of time.
3205 (b) (i) The district court shall issue a permanent criminal stalking injunction at the time
3206 of conviction.
3207 (ii) The court shall give the defendant notice of the right to request a hearing.
3208 (c) If the defendant requests a hearing under Subsection (1)(b), the court shall hold the
3209 hearing at the time of the conviction unless the victim requests otherwise, or for good cause.
3210 (d) If the conviction was entered in a justice court, the victim shall file a certified copy
3211 of the judgment and conviction or a certified copy of the court's order holding the plea in
3212 abeyance with the court as an application and request for a hearing for a permanent criminal
3213 stalking injunction.
3214 (2) The court shall issue a permanent criminal stalking injunction granting the
3215 following relief where appropriate:
3216 (a) an order:
3217 (i) restraining the defendant from entering the residence, property, school, or place of
3218 employment of the victim; and
3219 (ii) requiring the defendant to stay away from the victim, except as provided in
3220 Subsection (4), and to stay away from any specified place that is named in the order and is
3221 frequented regularly by the victim;
3222 (b) an order restraining the defendant from making contact with or regarding the
3223 victim, including an order forbidding the defendant from personally or through an agent
3224 initiating any communication, except as provided in Subsection (3), likely to cause annoyance
3225 or alarm to the victim, including personal, written, or telephone contact with or regarding the
3226 victim, with the victim's employers, employees, coworkers, friends, associates, or others with
3227 whom communication would be likely to cause annoyance or alarm to the victim; and
3228 (c) any other orders the court considers necessary to protect the victim and members of
3229 the victim's immediate family or household.
3230 (3) (a) If the victim and defendant have minor children together, the court may consider
3231 provisions regarding the defendant's exercise of custody and parent-time rights while ensuring
3232 the safety of the victim and any minor children.
3233 (b) If the court issues a permanent criminal stalking injunction, but declines to address
3234 custody and parent-time issues, a copy of the permanent criminal stalking injunction shall be
3235 filed in any action in which custody and parent-time issues are being considered and the court
3236 may modify the injunction to balance the parties' custody and parent-time rights.
3237 (4) Except as provided in Subsection (3), a permanent criminal stalking injunction may
3238 be modified, dissolved, or dismissed only upon application of the victim to the court which
3239 granted the injunction.
3240 Section 70. Section 78B-7-903 is enacted to read:
3241 78B-7-903. Penalties.
3242 (1) A violation of a permanent criminal stalking injunction issued under this part is a
3243 third degree felony in accordance with Subsection 76-5-106.5(7).
3244 (2) A violation of a permanent criminal stalking injunction issued under this part may
3245 be enforced in a civil action initiated by the stalking victim, a criminal action initiated by a
3246 prosecuting attorney, or both.
3247 Section 71. Section 78B-7-904 is enacted to read:
3248 78B-7-904. Notice to victims.
3249 (1) The court shall send notice of permanent criminal stalking injunctions issued under
3250 this part to the statewide warrants network or similar system, including the statewide domestic
3251 violence network described in Section 78B-7-113.
3252 (2) A permanent criminal stalking injunction issued under this part has effect
3253 statewide.
3254 Section 72. Section 78B-19-107 is amended to read:
3255 78B-19-107. Emergency orders.
3256 During a collaborative law process, a court may issue emergency orders, including
3257 protective orders in accordance with Title 78B, Chapter 7, Part [
3258 Cohabitant Abuse Protective Orders, or Part 2, Child Protective Orders, to protect the health,
3259 safety, welfare, or interest of a party or member of a party's household.
3260 Section 73. Repealer.
3261 This bill repeals:
3262 Section 77-3a-102, Fees -- Service of process.
3263 Section 78B-7-114, Authority to prosecute class A misdemeanor violations.
3264 Section 78B-7-401, Title.
3265 Section 78B-7-406, Fees -- Service of process.
3266 Section 78B-7-501, Title.
3267 Section 78B-7-507, Fees -- Forms.
3268 Section 74. Effective date.
3269 This bill takes effect on July 1, 2020.
3270 Section 75. Coordinating H.B. 403 with H.B. 206 -- Changing terminology.
3271 If this H.B. 403 and H.B. 206, Bail and Pretrial Release Amendments, both pass and
3272 become law, it is the intent of the Legislature that the Office of Legislative Research and
3273 General Counsel, in preparing the Utah Code database for publication, change the terminology
3274 in Subsection 77-20-1(4)(d)(ii) of H.B. 403 from "bail" to "pretrial release".