1     
VOLUNTARY ALCOHOL-RESTRICTED INDIVIDUAL

2     
PROGRAM

3     
2020 GENERAL SESSION

4     
STATE OF UTAH

5     
Chief Sponsor: Steve Eliason

6     
Senate Sponsor: ____________

7     

8     LONG TITLE
9     General Description:
10          This bill creates an Alcohol-Restricted Individual Program under the Alcoholic
11     Beverage Control Act.
12     Highlighted Provisions:
13          This bill:
14          ▸     requires the Department of Alcoholic Beverage Control to establish an
15     Alcohol-Restricted Individual Program (program);
16          ▸     prohibits a state store from selling, offering for sale, or furnishing liquor to an
17     individual enrolled in the program;
18          ▸     establishes the parameters of the program;
19          ▸     grants the Alcoholic Beverage Control Commission rulemaking authority to
20     administer the program; and
21          ▸     permits a court to order enrollment in the program.
22     Money Appropriated in this Bill:
23          None
24     Other Special Clauses:
25          None
26     Utah Code Sections Affected:
27     AMENDS:

28          32B-2-503, as last amended by Laws of Utah 2011, Chapters 307 and 334
29          41-6a-502.5, as last amended by Laws of Utah 2015, Chapter 438
30          41-6a-505, as last amended by Laws of Utah 2019, Chapter 136
31          41-6a-512, as last amended by Laws of Utah 2015, Chapter 438
32          77-20-10, as last amended by Laws of Utah 2016, Chapter 234
33          77-36-5.1, as last amended by Laws of Utah 2018, Chapter 124
34     ENACTS:
35          32B-1-208, Utah Code Annotated 1953
36     

37     Be it enacted by the Legislature of the state of Utah:
38          Section 1. Section 32B-1-208 is enacted to read:
39          32B-1-208. Alcohol-Restricted Individual Program.
40          (1) As used in this section, "program" means the Alcohol-Restricted Individual
41     Program the department establishes in accordance with Subsection (2).
42          (2) The department shall establish an Alcohol-Restricted Individual Program that:
43          (a) prohibits a state store from selling liquor to:
44          (i) an individual who voluntarily enrolls in the program; or
45          (ii) an individual a court orders to enroll in the program;
46          (b) uses an electronic program that scans proof of age to identify an individual enrolled
47     in the program;
48          (c) permits an individual who voluntarily enrolls in the program to cancel the
49     individual's enrollment, effective three days after the day on which the individual notifies the
50     department of the cancellation; and
51          (d) removes an individual a court orders to enroll in the program as the court
52     determines.
53          (3) The department may not:
54          (a) disclose any information related to an individual currently or previously enrolled in
55     the program; or
56          (b) retain any information related to an individual previously enrolled in the program.
57          (4) The commission may establish rules in accordance with Title 63G, Chapter 3, Utah
58     Administrative Rulemaking Act, to administer this section.

59          Section 2. Section 32B-2-503 is amended to read:
60          32B-2-503. Operational requirements for a state store.
61          (1) (a) A state store shall display in a prominent place in the store a sign in large letters
62     that consists of text in the following order:
63          (i) a header that reads: "WARNING";
64          (ii) a warning statement that reads: "Drinking alcoholic beverages during pregnancy
65     can cause birth defects and permanent brain damage for the child.";
66          (iii) a statement in smaller font that reads: "Call the Utah Department of Health at
67     [insert most current toll-free number] with questions or for more information.";
68          (iv) a header that reads: "WARNING"; and
69          (v) a warning statement that reads: "Driving under the influence of alcohol or drugs is a
70     serious crime that is prosecuted aggressively in Utah."
71          (b) (i) The text described in Subsections (1)(a)(i) through (iii) shall be in a different
72     font style than the text described in Subsections (1)(a)(iv) and (v).
73          (ii) The warning statements in the sign described in Subsection (1)(a) shall be in the
74     same font size.
75          (c) The Department of Health shall work with the commission and department to
76     facilitate consistency in the format of a sign required under this section.
77          (2) A state store may not sell, offer for sale, or furnish liquor except at a price fixed by
78     the commission.
79          (3) A state store may not sell, offer for sale, or furnish liquor to:
80          (a) a minor;
81          (b) a person actually, apparently, or obviously intoxicated;
82          (c) a known interdicted person; [or]
83          (d) a known habitual drunkard[.]; or
84          (e) an individual enrolled in the Alcohol-Restricted Individual Program described in
85     Section 32B-1-208.
86          (4) (a) A state store employee may not:
87          (i) consume an alcoholic product on the premises of a state store; or
88          (ii) allow any person to consume an alcoholic product on the premises of a state store.
89          (b) A violation of this Subsection (4) is a class B misdemeanor.

90          (5) (a) Sale or delivery of liquor may not be made on or from the premises of a state
91     store, and a state store may not be kept open for the sale of liquor:
92          (i) on Sunday; or
93          (ii) on a state or federal legal holiday.
94          (b) Sale or delivery of liquor may be made on or from the premises of a state store, and
95     a state store may be open for the sale of liquor, only on a day and during hours that the
96     commission directs by rule or order.
97          (6) (a) A minor may not be admitted into, or be on the premises of, a state store unless
98     accompanied by a person who is:
99          (i) 21 years of age or older; and
100          (ii) the minor's parent, legal guardian, or spouse.
101          (b) A state store employee that has reason to believe that a person who is on the
102     premises of a state store is under the age of 21 and is not accompanied by a person described in
103     Subsection (6)(a) may:
104          (i) ask the suspected minor for proof of age;
105          (ii) ask the person who accompanies the suspected minor for proof of age; and
106          (iii) ask the suspected minor or the person who accompanies the suspected minor for
107     proof of parental, guardianship, or spousal relationship.
108          (c) A state store employee shall refuse to sell liquor to the suspected minor and to the
109     person who accompanies the suspected minor into the state store if the suspected minor or
110     person fails to provide information specified in Subsection (6)(b).
111          (d) A state store employee shall require a suspected minor and the person who
112     accompanies the suspected minor into the state store to immediately leave the premises of the
113     state store if the suspected minor or person fails to provide information specified in Subsection
114     (6)(b).
115          (7) (a) A state store may not sell, offer for sale, or furnish liquor except in a sealed
116     container.
117          (b) A person may not open a sealed container on the premises of a state store.
118          (8) On or after October 1, 2011, a state store may not sell, offer for sale, or furnish
119     heavy beer in a sealed container that exceeds two liters.
120          Section 3. Section 41-6a-502.5 is amended to read:

121          41-6a-502.5. Impaired driving -- Penalty -- Reporting of convictions -- Sentencing
122     requirements.
123          (1) With the agreement of the prosecutor, a plea to a class B misdemeanor violation of
124     Section 41-6a-502 committed on or after July 1, 2008, may be entered as a conviction of
125     impaired driving under this section if:
126          (a) the defendant completes court ordered probation requirements; or
127          (b) (i) the prosecutor agrees as part of a negotiated plea; and
128          (ii) the court finds the plea to be in the interest of justice.
129          (2) A conviction entered under this section is a class B misdemeanor.
130          (3) (a) (i) If the entry of an impaired driving plea is based on successful completion of
131     probation under Subsection (1)(a), the court shall enter the conviction at the time of the plea.
132          (ii) If the defendant fails to appear before the court and establish successful completion
133     of the court ordered probation requirements under Subsection (1)(a), the court shall enter an
134     amended conviction of Section 41-6a-502.
135          (iii) The date of entry of the amended order under Subsection (3)(a)(ii) is the date of
136     conviction.
137          (b) The court may enter a conviction of impaired driving immediately under
138     Subsection (1)(b).
139          (4) For purposes of Section 76-3-402, the entry of a plea to a class B misdemeanor
140     violation of Section 41-6a-502 as impaired driving under this section is a reduction of one
141     degree.
142          (5) (a) The court shall notify the Driver License Division of each conviction entered
143     under this section.
144          (b) Beginning on July 1, 2012, a court shall, monthly, send to the Division of
145     Occupational and Professional Licensing, created in Section 58-1-103, a report containing the
146     name, case number, and, if known, the date of birth of each person convicted during the
147     preceding month of a violation of this section for whom there is evidence that the person was
148     driving while impaired, in whole or in part, by a prescribed controlled substance.
149          (6) (a) The provisions in Subsections 41-6a-505(1), (2), and (4) that require a
150     sentencing court to order a convicted person to participate in a screening, an assessment, or an
151     educational series, enroll in the Alcohol-Restricted Individual Program, or obtain substance

152     abuse treatment or do a combination of those things, apply to a conviction entered under this
153     section.
154          (b) The court shall render the same order regarding screening, assessment, an
155     educational series, enrollment, or substance abuse treatment in connection with a first, second,
156     or subsequent conviction under this section as the court would render in connection with
157     applying respectively, the first, second, or subsequent conviction requirements of Subsection
158     41-6a-505(1), (2), or (4).
159          (7) (a) Except as provided in Subsection (7)(b), a report authorized by Section
160     53-3-104 may not contain any evidence of a conviction for impaired driving in this state if the
161     reporting court notifies the Driver License Division that the defendant is participating in or has
162     successfully completed the program of a driving under the influence court.
163          (b) The provisions of Subsection (7)(a) do not apply to a report concerning:
164          (i) a CDL license holder; or
165          (ii) a violation that occurred in a commercial motor vehicle.
166          (8) The provisions of this section are not available to a person who has a prior
167     conviction as that term is defined in Subsection 41-6a-501(2).
168          Section 4. Section 41-6a-505 is amended to read:
169          41-6a-505. Sentencing requirements for driving under the influence of alcohol,
170     drugs, or a combination of both violations.
171          (1) As part of any sentence for a first conviction of Section 41-6a-502:
172          (a) the court shall:
173          (i) (A) impose a jail sentence of not less than 48 consecutive hours; or
174          (B) require the individual to work in a compensatory-service work program for not less
175     than 48 hours;
176          (ii) order the individual to participate in a screening;
177          (iii) order the individual to participate in an assessment, if it is found appropriate by a
178     screening under Subsection (1)(a)(ii);
179          (iv) order the individual to participate in an educational series if the court does not
180     order substance abuse treatment as described under Subsection (1)(b);
181          (v) impose a fine of not less than $700;
182          (vi) order probation for the individual in accordance with Section 41-6a-507, if there is

183     admissible evidence that the individual had a blood alcohol level of .16 or higher;
184          (vii) (A) order the individual to pay the administrative impound fee described in
185     Section 41-6a-1406; or
186          (B) if the administrative impound fee was paid by a party described in Subsection
187     41-6a-1406(5)(a), other than the individual sentenced, order the individual sentenced to
188     reimburse the party; or
189          (viii) (A) order the individual to pay the towing and storage fees described in Section
190     72-9-603; or
191          (B) if the towing and storage fees were paid by a party described in Subsection
192     41-6a-1406(5)(a), other than the individual sentenced, order the individual sentenced to
193     reimburse the party; and
194          (b) the court may:
195          (i) order the individual to obtain substance abuse treatment if the substance abuse
196     treatment program determines that substance abuse treatment is appropriate;
197          (ii) order probation for the individual in accordance with Section 41-6a-507;
198          (iii) order the individual to participate in a 24-7 sobriety program as defined in Section
199     41-6a-515.5 if the individual is 21 years of age or older; [or]
200          (iv) order the individual to enroll in the Alcohol-Restricted Individual Program
201     described in Section 32B-1-208, for a period of time; or
202          [(iv)] (v) order a combination of Subsections (1)(b)(i) through [(iii)] (iv).
203          (2) If an individual has a prior conviction as defined in Subsection 41-6a-501(2) that is
204     within 10 years of the current conviction under Section 41-6a-502 or the commission of the
205     offense upon which the current conviction is based:
206          (a) the court shall:
207          (i) (A) impose a jail sentence of not less than 240 hours; or
208          (B) impose a jail sentence of not less than 120 hours in addition to home confinement
209     of not fewer than 720 consecutive hours through the use of electronic monitoring that includes
210     a substance abuse testing instrument in accordance with Section 41-6a-506;
211          (ii) order the individual to participate in a screening;
212          (iii) order the individual to participate in an assessment, if it is found appropriate by a
213     screening under Subsection (2)(a)(ii);

214          (iv) order the individual to participate in an educational series if the court does not
215     order substance abuse treatment as described under Subsection (2)(b);
216          (v) impose a fine of not less than $800;
217          (vi) order probation for the individual in accordance with Section 41-6a-507;
218          (vii) (A) order the individual to pay the administrative impound fee described in
219     Section 41-6a-1406; or
220          (B) if the administrative impound fee was paid by a party described in Subsection
221     41-6a-1406(5)(a), other than the individual sentenced, order the individual sentenced to
222     reimburse the party; or
223          (viii) (A) order the individual to pay the towing and storage fees described in Section
224     72-9-603; or
225          (B) if the towing and storage fees were paid by a party described in Subsection
226     41-6a-1406(5)(a), other than the individual sentenced, order the individual sentenced to
227     reimburse the party; and
228          (b) the court may:
229          (i) order the individual to obtain substance abuse treatment if the substance abuse
230     treatment program determines that substance abuse treatment is appropriate;
231          (ii) order the individual to participate in a 24-7 sobriety program as defined in Section
232     41-6a-515.5 if the individual is 21 years of age or older; [or]
233          (iii) order the individual to enroll in the Alcohol-Restricted Individual Program
234     described in Section 32B-1-208, for a period of time; or
235          [(iii)] (iv) order a combination of Subsections (2)(b)(i) [and (ii)] through (iii).
236          (3) Under Subsection 41-6a-503(2), if the court suspends the execution of a prison
237     sentence and places the defendant on probation, the court shall impose:
238          (a) a fine of not less than $1,500;
239          (b) a jail sentence of not less than 1,500 hours; and
240          (c) supervised probation.
241          (4) For Subsection (3) or Subsection 41-6a-503(2)(b), the court:
242          (a) shall impose an order requiring the individual to obtain a screening and assessment
243     for alcohol and substance abuse, and treatment as appropriate; and
244          (b) may impose an order requiring the individual to:

245          (i) participate in a 24-7 sobriety program as defined in Section 41-6a-515.5 if the
246     individual is 21 years of age or older[.]; or
247          (ii) enroll in the Liquor Alcohol-Restricted Individual Program described in Section
248     32B-1-208, for a period of time.
249          (5) The requirements of Subsections (1)(a), (2)(a), (3), and (4) may not be suspended.
250          (6) If an individual is convicted of a violation of Section 41-6a-502 and there is
251     admissible evidence that the individual had a blood alcohol level of .16 or higher, the court
252     shall order the following, or describe on record why the order or orders are not appropriate:
253          (a) treatment as described under Subsection (1)(b), (2)(b), or (4); and
254          (b) one or more of the following:
255          (i) the installation of an ignition interlock system as a condition of probation for the
256     individual in accordance with Section 41-6a-518;
257          (ii) the imposition of an ankle attached continuous transdermal alcohol monitoring
258     device as a condition of probation for the individual; or
259          (iii) the imposition of home confinement through the use of electronic monitoring in
260     accordance with Section 41-6a-506.
261          Section 5. Section 41-6a-512 is amended to read:
262          41-6a-512. Factual basis for alcohol or drug-related reckless driving plea.
263          (1) (a) The prosecution shall state for the record a factual basis for a plea, including
264     whether or not there had been consumption of alcohol, drugs, or a combination of both, by the
265     defendant in connection with the violation when the prosecution agrees to a plea of guilty or no
266     contest to a charge of a violation of the following in satisfaction of, or as a substitute for, an
267     original charge of a violation of Section 41-6a-502 for an offense committed before July 1,
268     2008:
269          (i) reckless driving under Section 41-6a-528; or
270          (ii) an ordinance enacted under Section 41-6a-510.
271          (b) The statement under Subsection (1)(a) is an offer of proof of the facts that shows
272     whether there was consumption of alcohol, drugs, or a combination of both, by the defendant,
273     in connection with the violation.
274          (2) The court shall advise the defendant before accepting the plea offered under this
275     section of the consequences of a violation of Section 41-6a-528.

276          (3) The court shall notify the Driver License Division of each conviction of Section
277     41-6a-528 entered under this section.
278          (4) (a) The provisions in Subsections 41-6a-505(1), (2), and (4) that require a
279     sentencing court to order a convicted person to participate in a screening, an assessment, or an
280     educational series, enroll in the Alcohol-Restricted Individual Program, or obtain substance
281     abuse treatment or do a combination of those things, apply to a conviction for a violation of
282     Section 41-6a-528 under Subsection (1).
283          (b) The court shall render the same order regarding screening, assessment, an
284     educational series, enrollment, or substance abuse treatment in connection with a first, second,
285     or subsequent conviction under Section 41-6a-528 under Subsection (1), as the court would
286     render in connection with applying respectively, the first, second, or subsequent conviction
287     requirements of Subsections 41-6a-505(1), (2), and (4).
288          Section 6. Section 77-20-10 is amended to read:
289          77-20-10. Grounds for detaining defendant while appealing the defendant's
290     conviction -- Conditions for release while on appeal.
291          (1) The court shall order that a defendant who has been found guilty of an offense in a
292     court of record and sentenced to a term of imprisonment in jail or prison, and who has filed an
293     appeal or a petition for a writ of certiorari, be detained, unless the court finds:
294          (a) the appeal raises a substantial question of law or fact likely to result in:
295          (i) reversal;
296          (ii) an order for a new trial; or
297          (iii) a sentence that does not include a term of imprisonment in jail or prison;
298          (b) the appeal is not for the purpose of delay; and
299          (c) by clear and convincing evidence presented by the defendant that the defendant is
300     not likely to flee the jurisdiction of the court, and will not pose a danger to the physical,
301     psychological, or financial and economic safety or well-being of any other person or the
302     community if released.
303          (2) (a) If the court makes a finding under Subsection (1) that justifies not detaining the
304     defendant, the court shall order the release of the defendant, subject to conditions that result in
305     the least restrictive condition or combination of conditions that the court determines will
306     reasonably assure the appearance of the person as required and the safety of any other person

307     and the community.
308          (b) The conditions may include that the defendant:
309          [(a)] (i) post appropriate bail;
310          [(b)] (ii) execute a bail bond with a surety under Title 31A, Chapter 35, Bail Bond Act,
311     in an amount necessary to assure the appearance of the defendant as required;
312          [(c) (i)] (iii) (A) execute a written agreement to forfeit, upon failing to appear as
313     required, designated property, including money, as is reasonably necessary to assure the
314     appearance of the defendant; and
315          [(ii)] (B) post with the court indicia of ownership of the property or a percentage of the
316     money as the court may specify;
317          [(d)] (iv) not commit a federal, state, or local crime during the period of release;
318          [(e)] (v) remain in the custody of a designated person who agrees to assume
319     supervision of the defendant and who agrees to report any violation of a release condition to the
320     court, if the designated person is reasonably able to assure the court that the defendant will
321     appear as required and will not pose a danger to the safety of any other person or the
322     community;
323          [(f)] (vi) maintain employment, or if unemployed, actively seek employment;
324          [(g)] (vii) maintain or commence an educational program;
325          [(h)] (viii) abide by specified restrictions on personal associations, place of abode, or
326     travel;
327          [(i)] (ix) avoid all contact with the victims of the offense and with any witnesses who
328     testified against the defendant or potential witnesses who may testify concerning the offense if
329     the appeal results in a reversal or an order for a new trial;
330          [(j)] (x) report on a regular basis to a designated law enforcement agency, pretrial
331     services agency, or other designated agency;
332          [(k)] (xi) comply with a specified curfew;
333          [(l)] (xii) not possess a firearm, destructive device, or other dangerous weapon;
334          [(m)] (xiii) not use alcohol, or any narcotic drug or other controlled substances except
335     as prescribed by a licensed medical practitioner;
336          (xiv) enroll in the Alcohol-Restricted Individual Program described in Section
337     32B-1-208, for a period of time;

338          [(n)] (xv) undergo available medical, psychological, or psychiatric treatment, including
339     treatment for drug or alcohol dependency, and remain under the supervision of or in a specified
340     institution if required for that purpose;
341          [(o)] (xvi) return to custody for specified hours following release for employment,
342     schooling, or other limited purposes;
343          [(p)] (xvii) satisfy any other condition that is reasonably necessary to assure the
344     appearance of the defendant as required and to assure the safety of any other person and the
345     community; and
346          [(q)] (xviii) if convicted of committing a sexual offense or an assault or other offense
347     involving violence against a child 17 years of age or younger, is limited or denied access to any
348     location or occupation where children are, including but not limited to:
349          [(i)] (A) any residence where children are on the premises;
350          [(ii)] (B) activities, including organized activities, in which children are involved; and
351          [(iii)] (C) locations where children congregate, or where a reasonable person should
352     know that children congregate.
353          (3) The court may, in [its] the court's discretion, amend an order granting release to
354     impose additional or different conditions of release.
355          (4) If defendant has been found guilty of an offense in a court not of record and files a
356     timely notice of appeal pursuant to Subsection 78A-7-118(1) for a trial de novo, the court shall
357     stay all terms of a sentence, unless at the time of sentencing the judge finds by a preponderance
358     of the evidence that the defendant poses a danger to another person or the community.
359          (5) If a stay is ordered, the court may order post-conviction restrictions on the
360     defendant's conduct as appropriate, including:
361          (a) continuation of any pre-trial restrictions or orders;
362          (b) sentencing protective orders under Section 77-36-5.1;
363          (c) drug and alcohol use;
364          (d) use of an ignition interlock; and
365          (e) posting appropriate bail.
366          (6) The provisions of Subsections (4) and (5) do not apply to convictions for an offense
367     under Title 41, Chapter 6a, Part 5, Driving Under the Influence and Reckless Driving.
368          (7) Any stay authorized by Subsection (4) is lifted upon the dismissal of the appeal by

369     the district court.
370          Section 7. Section 77-36-5.1 is amended to read:
371          77-36-5.1. Conditions of probation for person convicted of domestic violence
372     offense -- Continuous protective orders.
373          (1) Before any perpetrator who has been convicted of a domestic violence offense may
374     be placed on probation, the court shall consider the safety and protection of the victim and any
375     member of the victim's family or household.
376          (2) The court may condition probation or a plea in abeyance on the perpetrator's
377     compliance with one or more orders of the court, which may include a sentencing protective
378     order:
379          (a) enjoining the perpetrator from threatening to commit or committing acts of
380     domestic violence against the victim or other family or household member;
381          (b) prohibiting the perpetrator from harassing, telephoning, contacting, or otherwise
382     communicating with the victim, directly or indirectly;
383          (c) requiring the perpetrator to stay away from the victim's residence, school, place of
384     employment, and the premises of any of these, or a specified place frequented regularly by the
385     victim or any designated family or household member;
386          (d) prohibiting the perpetrator from possessing or consuming alcohol or controlled
387     substances;
388          (e) requiring the perpetrator to enroll in the Alcohol-Restricted Individual Program
389     described in Section 32B-1-208, for a period of time;
390          [(e)] (f) prohibiting the perpetrator from purchasing, using, or possessing a firearm or
391     other specified weapon;
392          [(f)] (g) directing the perpetrator to surrender any weapons the perpetrator owns or
393     possesses;
394          [(g)] (h) directing the perpetrator to participate in and complete, to the satisfaction of
395     the court, a program of intervention for perpetrators, treatment for alcohol or substance abuse,
396     or psychiatric or psychological treatment;
397          [(h)] (i) directing the perpetrator to pay restitution to the victim, enforcement of which
398     shall be in accordance with Chapter 38a, Crime Victims Restitution Act; and
399          [(i)] (j) imposing any other condition necessary to protect the victim and any other

400     designated family or household member or to rehabilitate the perpetrator.
401          (3) The perpetrator is responsible for the costs of any condition of probation, according
402     to the perpetrator's ability to pay.
403          (4) (a) Adult Probation and Parole, or other provider, shall immediately report to the
404     court and notify the victim of any offense involving domestic violence committed by the
405     perpetrator, the perpetrator's failure to comply with any condition imposed by the court, and
406     any violation of any sentencing criminal protective order issued by the court.
407          (b) Notification of the victim under Subsection (4)(a) shall consist of a good faith
408     reasonable effort to provide prompt notification, including mailing a copy of the notification to
409     the last-known address of the victim.
410          (5) The court shall transmit all dismissals, terminations, and expirations of pretrial and
411     sentencing criminal protective orders issued by the court to the statewide domestic violence
412     network.
413          (6) (a) Because of the serious, unique, and highly traumatic nature of domestic violence
414     crimes, the high recidivism rate of violent offenders, and the demonstrated increased risk of
415     continued acts of violence subsequent to the release of a perpetrator who is convicted of
416     domestic violence, it is the finding of the Legislature that domestic violence crimes warrant the
417     issuance of continuous protective orders under this Subsection (6) because of the need to
418     provide ongoing protection for the victim and to be consistent with the purposes of protecting
419     victims' rights under Chapter 37, Victims' Rights, and Chapter 38, Rights of Crime Victims
420     Act, and Article I, Section 28 of the Utah Constitution.
421          (b) If a perpetrator is convicted of a domestic violence offense resulting in a sentence
422     of imprisonment, including jail, that is to be served after conviction, the court shall issue a
423     continuous protective order at the time of the conviction or sentencing limiting the contact
424     between the perpetrator and the victim unless the court determines by clear and convincing
425     evidence that the victim does not a have a reasonable fear of future harm or abuse.
426          (c) (i) The court shall notify the perpetrator of the right to request a hearing.
427          (ii) If the perpetrator requests a hearing under this Subsection (6)(c), the court shall
428     hold the hearing at the time determined by the court. The continuous protective order shall be
429     in effect while the hearing is being scheduled and while the hearing is pending.
430          (d) A continuous protective order is permanent in accordance with this Subsection

431     (6)(d) and may grant the following relief:
432          (i) enjoining the perpetrator from threatening to commit or committing acts of
433     domestic violence against the victim or other family or household member;
434          (ii) prohibiting the perpetrator from harassing, telephoning, contacting, or otherwise
435     communicating with the victim, directly or indirectly;
436          (iii) prohibiting the perpetrator from going to the victim's residence, school, place of
437     employment, and the premises of any of these, or a specified place frequented regularly by the
438     victim or any designated family or other household member;
439          (iv) directing the perpetrator to pay restitution to the victim as may apply, and shall be
440     enforced in accordance with Chapter 38a, Crime Victims Restitution Act; and
441          (v) any other order the court considers necessary to fully protect the victim and
442     members of the victim's family or other household member.
443          (e) A continuous protective order may be modified or dismissed only if the court
444     determines by clear and convincing evidence that all requirements of this Subsection (6) have
445     been met and the victim does not have a reasonable fear of future harm or abuse.
446          (f) Notice of a continuous protective order issued pursuant to this section shall be sent
447     by the court to the statewide domestic violence network.
448          (g) Violation of a continuous protective order issued pursuant to this Subsection (6) is
449     a class A misdemeanor, is a domestic violence offense under Section 77-36-1, and is subject to
450     increased penalties in accordance with Section 77-36-1.1.
451          (h) In addition to the process of issuing a continuous protective order described in
452     Subsection (6)(a), a district court may issue a continuous protective order at any time if the
453     victim files a petition with the district court, and after notice and hearing the district court finds
454     that a continuous protective order is necessary to protect the victim.
455          (7) (a) Before release of a person who is subject to a continuous protective order issued
456     under Subsection (6), the victim shall receive notice of the imminent release by the law
457     enforcement agency that is releasing the person who is subject to the continuous protective
458     order:
459          (i) if the victim has provided the law enforcement agency contact information; and
460          (ii) in accordance with Section 64-13-14.7, if applicable.
461          (b) Before release, the law enforcement agency shall notify in writing the person being

462     released that a violation of the continuous protective order issued at the time of conviction or
463     sentencing continues to apply, and that a violation of the continuous protective order is a class
464     A misdemeanor, is a separate domestic violence offense under Section 77-36-1, and is subject
465     to increased penalties in accordance with Section 77-36-1.1.
466          (8) In addition to a protective order issued under this section, the court may issue a
467     separate order relating to the transfer of a wireless telephone number in accordance with
468     Section 77-36-5.3.