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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 ▸ amends provisions relating to an individual's right to bail after violation of a jail
15 release agreement or jail release court order;
16 ▸ amends provisions relating to the Administrative Office of the Court's duty to
17 provide forms to an individual seeking a civil protective order or civil stalking
18 injunction;
19 ▸ extends the length of time the following are effective:
20 • a child protective order;
21 • a dating violence protective order;
22 • a sexual violence protective order; and
23 • a cohabitant abuse protective order;
24 ▸ modifies the circumstances under which a child protective order may be sought,
25 modified, or vacated;
26 ▸ modifies the time period within which a court shall set a hearing for a petition for a
27 dating violence protective order and a cohabitant abuse protective order after denial
28 of an ex parte protective order;
29 ▸ modifies and deletes provisions relating to expiration of a cohabitant abuse
30 protective order;
31 ▸ modifies the circumstances under which a sexual violence protective order may be
32 extended;
33 ▸ modifies the penalty for a violation of a sentencing protective order and a
34 continuous protective order;
35 ▸ under certain circumstances, allows the court to issue a continuous protective order
36 for an offense that is not domestic violence;
37 ▸ renumbers and amends provisions relating to criminal protective orders, civil
38 protective orders, and stalking injunctions; and
39 ▸ makes technical and conforming changes.
40 Money Appropriated in this Bill:
41 None
42 Other Special Clauses:
43 This bill provides a special effective date.
44 Utah Code Sections Affected:
45 AMENDS:
46 30-3-3, as last amended by Laws of Utah 2008, Chapter 3
47 53-10-208, as last amended by Laws of Utah 2019, Chapters 33 and 365
48 53-10-208.1, as last amended by Laws of Utah 2019, Chapters 33 and 365
49 53-10-213, as enacted by Laws of Utah 2019, Chapter 33
50 53-10-403, as last amended by Laws of Utah 2017, Chapter 289
51 57-22-5.1, as last amended by Laws of Utah 2018, Chapter 255
52 76-5-106.5, as last amended by Laws of Utah 2018, Chapter 255
53 76-5-108, as last amended by Laws of Utah 2018, Chapter 255
54 77-20-1, as last amended by Laws of Utah 2019, Chapters 184 and 397
55 77-20-10, as last amended by Laws of Utah 2016, Chapter 234
56 77-36-1, as last amended by Laws of Utah 2019, Chapters 184 and 422
57 77-36-2.1, as last amended by Laws of Utah 2018, Chapter 255
58 77-36-2.4, as last amended by Laws of Utah 2017, Chapters 289 and 332
59 77-36-2.6, as last amended by Laws of Utah 2017, Chapter 332
60 77-36-2.7, as last amended by Laws of Utah 2019, Chapter 184
61 77-36-5, as last amended by Laws of Utah 2017, Chapter 332
62 77-36-5.1, as last amended by Laws of Utah 2018, Chapter 124
63 77-36-6, as last amended by Laws of Utah 2017, Chapter 289
64 77-38-403, as enacted by Laws of Utah 2019, Chapter 361
65 78A-6-103, as last amended by Laws of Utah 2019, Chapter 300
66 78A-6-114, as renumbered and amended by Laws of Utah 2008, Chapter 3
67 78A-6-123, as enacted by Laws of Utah 2017, Chapter 330
68 78B-7-101, as enacted by Laws of Utah 2008, Chapter 3
69 78B-7-102, as last amended by Laws of Utah 2018, Chapter 255
70 78B-7-104, as renumbered and amended by Laws of Utah 2008, Chapter 3
71 78B-7-105, as last amended by Laws of Utah 2018, Chapters 124 and 255
72 78B-7-109, as last amended by Laws of Utah 2018, Chapter 255
73 78B-7-112, as renumbered and amended by Laws of Utah 2008, Chapter 3
74 78B-7-113, as last amended by Laws of Utah 2013, Chapter 196
75 78B-7-201, as last amended by Laws of Utah 2019, Chapter 365
76 78B-7-202, as last amended by Laws of Utah 2014, Chapter 267
77 78B-7-203, as last amended by Laws of Utah 2010, Chapter 34
78 78B-7-204, as last amended by Laws of Utah 2008, Chapter 115 and renumbered and
79 amended by Laws of Utah 2008, Chapter 3
80 78B-7-205, as last amended by Laws of Utah 2011, Chapter 208
81 78B-7-402, as enacted by Laws of Utah 2013, Chapter 179
82 78B-7-403, as enacted by Laws of Utah 2013, Chapter 179
83 78B-7-404, as enacted by Laws of Utah 2013, Chapter 179
84 78B-7-405, as last amended by Laws of Utah 2014, Chapter 263
85 78B-7-407, as enacted by Laws of Utah 2013, Chapter 179
86 78B-7-409, as enacted by Laws of Utah 2018, Chapter 255
87 78B-7-502, as enacted by Laws of Utah 2019, Chapter 365
88 78B-7-505, as enacted by Laws of Utah 2019, Chapter 365
89 78B-7-508, as enacted by Laws of Utah 2019, Chapter 365
90 78B-19-107, as enacted by Laws of Utah 2010, Chapter 382
91 ENACTS:
92 78B-7-118, Utah Code Annotated 1953
93 78B-7-119, Utah Code Annotated 1953
94 78B-7-601, Utah Code Annotated 1953
95 78B-7-607, Utah Code Annotated 1953
96 78B-7-801, Utah Code Annotated 1953
97 78B-7-803, Utah Code Annotated 1953
98 78B-7-804, Utah Code Annotated 1953
99 78B-7-805, Utah Code Annotated 1953
100 78B-7-806, Utah Code Annotated 1953
101 78B-7-807, Utah Code Annotated 1953
102 78B-7-901, Utah Code Annotated 1953
103 78B-7-902, Utah Code Annotated 1953
104 78B-7-903, Utah Code Annotated 1953
105 78B-7-904, Utah Code Annotated 1953
106 RENUMBERS AND AMENDS:
107 78B-7-117, (Renumbered from 77-36-5.3, as enacted by Laws of Utah 2018, Chapter
108 124)
109 78B-7-602, (Renumbered from 78B-7-103, as renumbered and amended by Laws of
110 Utah 2008, Chapter 3)
111 78B-7-603, (Renumbered from 78B-7-106, as last amended by Laws of Utah 2019,
112 Chapters 33 and 429)
113 78B-7-604, (Renumbered from 78B-7-107, as last amended by Laws of Utah 2019,
114 Chapter 136)
115 78B-7-605, (Renumbered from 78B-7-115, as last amended by Laws of Utah 2019,
116 Chapter 263)
117 78B-7-606, (Renumbered from 78B-7-115.5, as last amended by Laws of Utah 2019,
118 Chapter 263)
119 78B-7-608, (Renumbered from 78B-7-110, as renumbered and amended by Laws of
120 Utah 2008, Chapter 3)
121 78B-7-609, (Renumbered from 78B-7-111, as renumbered and amended by Laws of
122 Utah 2008, Chapter 3)
123 78B-7-701, (Renumbered from 77-3a-101, as last amended by Laws of Utah 2012,
124 Chapter 383)
125 78B-7-702, (Renumbered from 77-3a-101.1, as enacted by Laws of Utah 2018, Chapter
126 255)
127 78B-7-703, (Renumbered from 77-3a-103, as enacted by Laws of Utah 2001, Chapter
128 276)
129 78B-7-802, (Renumbered from 77-20-3.5, as last amended by Laws of Utah 2019,
130 Chapter 184)
131 REPEALS:
132 77-3a-102, as enacted by Laws of Utah 2001, Chapter 276
133 78B-7-114, as renumbered and amended by Laws of Utah 2008, Chapter 3
134 78B-7-401, as enacted by Laws of Utah 2013, Chapter 179
135 78B-7-406, as enacted by Laws of Utah 2013, Chapter 179
136 78B-7-501, as enacted by Laws of Utah 2019, Chapter 365
137 78B-7-507, as enacted by Laws of Utah 2019, Chapter 365
138
139 Be it enacted by the Legislature of the state of Utah:
140 Section 1. Section 30-3-3 is amended to read:
141 30-3-3. Award of costs, attorney and witness fees -- Temporary alimony.
142 (1) In any action filed under Title 30, Chapter 3, Divorce, Chapter 4, Separate
143 Maintenance, or Title 78B, Chapter 7, [
144 Protective Orders, and in any action to establish an order of custody, parent-time, child support,
145 alimony, or division of property in a domestic case, the court may order a party to pay the costs,
146 attorney fees, and witness fees, including expert witness fees, of the other party to enable the
147 other party to prosecute or defend the action. The order may include provision for costs of the
148 action.
149 (2) In any action to enforce an order of custody, parent-time, child support, alimony, or
150 division of property in a domestic case, the court may award costs and attorney fees upon
151 determining that the party substantially prevailed upon the claim or defense. The court, in its
152 discretion, may award no fees or limited fees against a party if the court finds the party is
153 impecunious or enters in the record the reason for not awarding fees.
154 (3) In any action listed in Subsection (1), the court may order a party to provide money,
155 during the pendency of the action, for the separate support and maintenance of the other party
156 and of any children in the custody of the other party.
157 (4) Orders entered under this section prior to entry of the final order or judgment may
158 be amended during the course of the action or in the final order or judgment.
159 Section 2. Section 53-10-208 is amended to read:
160 53-10-208. Definition -- Offenses included on statewide warrant system --
161 Transportation fee to be included -- Statewide warrant system responsibility -- Quality
162 control -- Training -- Technical support -- Transaction costs.
163 (1) "Statewide warrant system" means the portion of the state court computer system
164 that is accessible by modem from the state mainframe computer and contains:
165 (a) records of criminal warrant information; and
166 (b) after notice and hearing, records of protective orders issued pursuant to:
167 (i) Title 77, Chapter 36, Cohabitant Abuse Procedures Act;
168 [
169 [
170 Orders;
171 [
172 Orders; or
173 (iv) Title 78B, Chapter 7, Part 6, Cohabitant Abuse Protective Orders.
174 (2) (a) The division shall include on the statewide warrant system all warrants issued
175 for felony offenses and class A, B, and C misdemeanor offenses in the state.
176 (b) The division shall include on the statewide warrant system all warrants issued for
177 failure to appear on a traffic citation as ordered by a magistrate under Subsection 77-7-19(3).
178 (c) For each warrant, the division shall indicate whether the magistrate ordered under
179 Section 77-7-5 and Rule 6, Utah Rules of Criminal Procedure, that the accused appear in court.
180 (3) The division is the agency responsible for the statewide warrant system and shall:
181 (a) ensure quality control of all warrants of arrest or commitment and protective orders
182 contained in the statewide warrant system by conducting regular validation checks with every
183 clerk of a court responsible for entering the information on the system;
184 (b) upon the expiration of the protective orders and in the manner prescribed by the
185 division, purge information regarding protective orders described in Subsection
186 53-10-208.1(1)(d) within 30 days of the time after expiration;
187 (c) establish system procedures and provide training to all criminal justice agencies
188 having access to information contained on the state warrant system;
189 (d) provide technical support, program development, and systems maintenance for the
190 operation of the system; and
191 (e) pay data processing and transaction costs for state, county, and city law
192 enforcement agencies and criminal justice agencies having access to information contained on
193 the state warrant system.
194 (4) (a) Any data processing or transaction costs not funded by legislative appropriation
195 shall be paid on a pro rata basis by all agencies using the system during the fiscal year.
196 (b) This Subsection (4) supersedes any conflicting provision in Subsection (3)(e).
197 Section 3. Section 53-10-208.1 is amended to read:
198 53-10-208.1. Magistrates and court clerks to supply information.
199 (1) Every magistrate or clerk of a court responsible for court records in this state shall,
200 within 30 days of the disposition and on forms and in the manner provided by the division,
201 furnish the division with information pertaining to:
202 (a) all dispositions of criminal matters, including:
203 (i) guilty pleas;
204 (ii) convictions;
205 (iii) dismissals;
206 (iv) acquittals;
207 (v) pleas held in abeyance;
208 (vi) judgments of not guilty by reason of insanity[
209 (vii) judgments of guilty with a mental illness;
210 (viii) finding of mental incompetence to stand trial; and
211 (ix) probations granted;
212 (b) orders of civil commitment under the terms of Section 62A-15-631;
213 (c) the issuance, recall, cancellation, or modification of all warrants of arrest or
214 commitment as described in Rule 6, Utah Rules of Criminal Procedure and Section 78B-6-303,
215 within one day of the action and in a manner provided by the division; and
216 (d) protective orders issued after notice and hearing, pursuant to:
217 (i) Title 77, Chapter 36, Cohabitant Abuse Procedures Act;
218 [
219 [
220 Orders;
221 [
222 Orders; or
223 (iv) Title 78B, Chapter 7, Part 6, Cohabitant Abuse Protective Orders.
224 (2) The court in the county where a determination or finding was made shall transmit a
225 record of the determination or finding to the bureau no later than 48 hours after the
226 determination is made, excluding Saturdays, Sundays, and legal holidays, if an individual is:
227 (a) adjudicated as a mental defective; or
228 (b) involuntarily committed to a mental institution in accordance with Subsection
229 62A-15-631(16).
230 (3) The record described in Subsection (2) shall include:
231 (a) an agency record identifier;
232 (b) the individual's name, sex, race, and date of birth; and
233 (c) the individual's social security number, government issued driver license or
234 identification number, alien registration number, government passport number, state
235 identification number, or FBI number.
236 Section 4. Section 53-10-213 is amended to read:
237 53-10-213. Reporting requirements.
238 (1) The bureau shall submit the record received from the court in accordance with
239 Subsection [
240 hours of receipt, excluding Saturdays, Sundays, and legal holidays.
241 (2) The bureau shall submit the record received from the court in accordance with
242 Subsection 53-10-208.1(2) to the National Instant Criminal Background Check System within
243 48 hours of receipt, excluding Saturdays, Sundays, and legal holidays.
244 Section 5. Section 53-10-403 is amended to read:
245 53-10-403. DNA specimen analysis -- Application to offenders, including minors.
246 (1) Sections 53-10-404, 53-10-404.5, 53-10-405, and 53-10-406 apply to any person
247 who:
248 (a) has pled guilty to or has been convicted of any of the offenses under Subsection
249 (2)(a) or (b) on or after July 1, 2002;
250 (b) has pled guilty to or has been convicted by any other state or by the United States
251 government of an offense which if committed in this state would be punishable as one or more
252 of the offenses listed in Subsection (2)(a) or (b) on or after July 1, 2003;
253 (c) has been booked on or after January 1, 2011, through December 31, 2014, for any
254 offense under Subsection (2)(c);
255 (d) has been booked:
256 (i) by a law enforcement agency that is obtaining a DNA specimen on or after May 13,
257 2014, through December 31, 2014, under Subsection 53-10-404(4)(b) for any felony offense; or
258 (ii) on or after January 1, 2015, for any felony offense; or
259 (e) is a minor under Subsection (3).
260 (2) Offenses referred to in Subsection (1) are:
261 (a) any felony or class A misdemeanor under the Utah Code;
262 (b) any offense under Subsection (2)(a):
263 (i) for which the court enters a judgment for conviction to a lower degree of offense
264 under Section 76-3-402; or
265 (ii) regarding which the court allows the defendant to enter a plea in abeyance as
266 defined in Section 77-2a-1; or
267 (c) (i) any violent felony as defined in Section 53-10-403.5;
268 (ii) sale or use of body parts, Section 26-28-116;
269 (iii) failure to stop at an accident that resulted in death, Section 41-6a-401.5;
270 (iv) driving with any amount of a controlled substance in a person's body and causing
271 serious bodily injury or death, Subsection 58-37-8(2)(g);
272 (v) a felony violation of enticing a minor over the Internet, Section 76-4-401;
273 (vi) a felony violation of propelling a substance or object at a correctional officer, a
274 peace officer, or an employee or a volunteer, including health care providers, Section
275 76-5-102.6;
276 (vii) aggravated human trafficking and aggravated human smuggling, Section
277 76-5-310;
278 (viii) a felony violation of unlawful sexual activity with a minor, Section 76-5-401;
279 (ix) a felony violation of sexual abuse of a minor, Section 76-5-401.1;
280 (x) unlawful sexual contact with a 16 or 17-year old, Section 76-5-401.2;
281 (xi) sale of a child, Section 76-7-203;
282 (xii) aggravated escape, Subsection 76-8-309(2);
283 (xiii) a felony violation of assault on an elected official, Section 76-8-315;
284 (xiv) influencing, impeding, or retaliating against a judge or member of the Board of
285 Pardons and Parole, Section 76-8-316;
286 (xv) advocating criminal syndicalism or sabotage, Section 76-8-902;
287 (xvi) assembly for advocating criminal syndicalism or sabotage, Section 76-8-903;
288 (xvii) a felony violation of sexual battery, Section 76-9-702.1;
289 (xviii) a felony violation of lewdness involving a child, Section 76-9-702.5;
290 (xix) a felony violation of abuse or desecration of a dead human body, Section
291 76-9-704;
292 (xx) manufacture, possession, sale, or use of a weapon of mass destruction, Section
293 76-10-402;
294 (xxi) manufacture, possession, sale, or use of a hoax weapon of mass destruction,
295 Section 76-10-403;
296 (xxii) possession of a concealed firearm in the commission of a violent felony,
297 Subsection 76-10-504(4);
298 (xxiii) assault with the intent to commit bus hijacking with a dangerous weapon,
299 Subsection 76-10-1504(3);
300 (xxiv) commercial obstruction, Subsection 76-10-2402(2);
301 (xxv) a felony violation of failure to register as a sex or kidnap offender, Section
302 77-41-107;
303 (xxvi) repeat violation of a protective order, Subsection 77-36-1.1(2)(c); or
304 (xxvii) violation of condition for release after arrest under Section [
305 78B-7-802 .
306 (3) A minor under Subsection (1) is a minor 14 years of age or older whom a Utah
307 court has adjudicated to be within the jurisdiction of the juvenile court due to the commission
308 of any offense described in Subsection (2), and who is:
309 (a) within the jurisdiction of the juvenile court on or after July 1, 2002 for an offense
310 under Subsection (2); or
311 (b) in the legal custody of the Division of Juvenile Justice Services on or after July 1,
312 2002 for an offense under Subsection (2).
313 Section 6. Section 57-22-5.1 is amended to read:
314 57-22-5.1. Crime victim's right to new locks -- Domestic violence victim's right to
315 terminate rental agreement -- Limits an owner relating to assistance from public safety
316 agency.
317 (1) As used in this section:
318 (a) "Crime victim" means a victim of:
319 (i) domestic violence, as defined in Section 77-36-1;
320 (ii) stalking, as defined in Section 76-5-106.5;
321 (iii) a crime under Title 76, Chapter 5, Part 4, Sexual Offenses;
322 (iv) burglary or aggravated burglary under Section 76-6-202 or 76-6-203; or
323 (v) dating violence, as defined in Section [
324 (b) "Public safety agency" means a governmental entity that provides fire protection,
325 law enforcement, ambulance, medical, or similar service.
326 (2) An acceptable form of documentation of an act listed in Subsection (1) is:
327 (a) a protective order protecting the renter issued pursuant to Title 78B, Chapter 7,
328 [
329 hearing of which the petitioner and respondent have been given notice under Title 78B,
330 Chapter 7, [
331 (b) a copy of a police report documenting an act listed in Subsection (1).
332 (3) (a) A renter who is a crime victim may require the renter's owner to install a new
333 lock to the renter's residential rental unit if the renter:
334 (i) provides the owner with an acceptable form of documentation of an act listed in
335 Subsection (1); and
336 (ii) pays for the cost of installing the new lock.
337 (b) An owner may comply with Subsection (3)(a) by:
338 (i) rekeying the lock if the lock is in good working condition; or
339 (ii) changing the entire locking mechanism with a locking mechanism of equal or
340 greater quality than the lock being replaced.
341 (c) An owner who installs a new lock under Subsection (3)(a) may retain a copy of the
342 key that opens the new lock.
343 (d) Notwithstanding any rental agreement, an owner who installs a new lock under
344 Subsection (3)(a) shall refuse to provide a copy of the key that opens the new lock to the
345 perpetrator of the act listed in Subsection (1).
346 (e) Notwithstanding Section 78B-6-814, if an owner refuses to provide a copy of the
347 key under Subsection (3)(d) to a perpetrator who is not barred from the residential rental unit
348 by a protective order but is a renter on the rental agreement, the perpetrator may file a petition
349 with a court of competent jurisdiction within 30 days to:
350 (i) establish whether the perpetrator should be given a key and allowed access to the
351 residential rental unit; or
352 (ii) whether the perpetrator should be relieved of further liability under the rental
353 agreement because of the owner's exclusion of the perpetrator from the residential rental unit.
354 (f) Notwithstanding Subsection (3)(e)(ii), a perpetrator may not be relieved of further
355 liability under the rental agreement if the perpetrator is found by the court to have committed
356 the act upon which the landlord's exclusion of the perpetrator is based.
357 (4) A renter who is a victim of domestic violence, as defined in Section 77-36-1, may
358 terminate a rental agreement if the renter:
359 (a) is in compliance with:
360 (i) all provisions of Section 57-22-5; and
361 (ii) all obligations under the rental agreement;
362 (b) provides the owner:
363 (i) written notice of termination; and
364 (ii) a protective order protecting the renter from a domestic violence perpetrator or a
365 copy of a police report documenting that the renter is a victim of domestic violence and did not
366 participate in the violence; and
367 (c) no later than the date that the renter provides a notice of termination under
368 Subsection (4)(b)(i), pays the owner the equivalent of 45 days' rent for the period beginning on
369 the date that the renter provides the notice of termination.
370 (5) An owner may not:
371 (a) impose a restriction on a renter's ability to request assistance from a public safety
372 agency; or
373 (b) penalize or evict a renter because the renter makes reasonable requests for
374 assistance from a public safety agency.
375 Section 7. Section 76-5-106.5 is amended to read:
376 76-5-106.5. Stalking -- Definitions -- Injunction -- Penalties -- Duties of law
377 enforcement officer.
378 (1) As used in this section:
379 [
380 [
381 [
382 [
383 [
384 [
385 person, including:
386 (i) acts in which the actor follows, monitors, observes, photographs, surveils, threatens,
387 or communicates to or about a person, or interferes with a person's property:
388 (A) directly, indirectly, or through any third party; and
389 (B) by any action, method, device, or means; or
390 (ii) when the actor engages in any of the following acts or causes someone else to
391 engage in any of these acts:
392 (A) approaches or confronts a person;
393 (B) appears at the person's workplace or contacts the person's employer or coworkers;
394 (C) appears at a person's residence or contacts a person's neighbors, or enters property
395 owned, leased, or occupied by a person;
396 (D) sends material by any means to the person or for the purpose of obtaining or
397 disseminating information about or communicating with the person to a member of the person's
398 family or household, employer, coworker, friend, or associate of the person;
399 (E) places an object on or delivers an object to property owned, leased, or occupied by
400 a person, or to the person's place of employment with the intent that the object be delivered to
401 the person; or
402 (F) uses a computer, the Internet, text messaging, or any other electronic means to
403 commit an act that is a part of the course of conduct.
404 [
405 whether or not medical or other professional treatment or counseling is required.
406 [
407 who regularly resides in the household or who regularly resided in the household within the
408 prior six months.
409 [
410 [
411 [
412 or more electronic images sent by the actor from a telephone or computer to another person's
413 telephone or computer by addressing the communication to the recipient's telephone number.
414 (2) A person is guilty of stalking who intentionally or knowingly engages in a course of
415 conduct directed at a specific person and knows or should know that the course of conduct
416 would cause a reasonable person:
417 (a) to fear for the person's own safety or the safety of a third person; or
418 (b) to suffer other emotional distress.
419 (3) A person is guilty of stalking who intentionally or knowingly violates:
420 (a) a stalking injunction issued [
421 under Title 78B, Chapter 7, Part 7, Civil Stalking Injunctions; or
422 (b) a permanent criminal stalking injunction issued [
423 Title 78B, Chapter 7, Part 9, Criminal Stalking Injunctions.
424 (4) In any prosecution under this section, it is not a defense that the actor:
425 (a) was not given actual notice that the course of conduct was unwanted; or
426 (b) did not intend to cause the victim fear or other emotional distress.
427 (5) An offense of stalking may be prosecuted under this section in any jurisdiction
428 where one or more of the acts that is part of the course of conduct was initiated or caused an
429 effect on the victim.
430 (6) Stalking is a class A misdemeanor:
431 (a) upon the offender's first violation of Subsection (2); or
432 (b) if the offender violated a stalking injunction issued [
433
434 (7) Stalking is a third degree felony if the offender:
435 (a) has been previously convicted of an offense of stalking;
436 (b) has been previously convicted in another jurisdiction of an offense that is
437 substantially similar to the offense of stalking;
438 (c) has been previously convicted of any felony offense in Utah or of any crime in
439 another jurisdiction which if committed in Utah would be a felony, in which the victim of the
440 stalking offense or a member of the victim's immediate family was also a victim of the
441 previous felony offense;
442 (d) violated a permanent criminal stalking injunction issued [
443
444 (e) has been or is at the time of the offense a cohabitant, as defined in Section
445 78B-7-102, of the victim.
446 (8) Stalking is a second degree felony if the offender:
447 (a) used a dangerous weapon as defined in Section 76-1-601 or used other means or
448 force likely to produce death or serious bodily injury, in the commission of the crime of
449 stalking;
450 (b) has been previously convicted two or more times of the offense of stalking;
451 (c) has been convicted two or more times in another jurisdiction or jurisdictions of
452 offenses that are substantially similar to the offense of stalking;
453 (d) has been convicted two or more times, in any combination, of offenses under
454 Subsection (7)(a), (b), or (c);
455 (e) has been previously convicted two or more times of felony offenses in Utah or of
456 crimes in another jurisdiction or jurisdictions which, if committed in Utah, would be felonies,
457 in which the victim of the stalking was also a victim of the previous felony offenses; or
458 (f) has been previously convicted of an offense under Subsection (7)(d) or (e).
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508 (9) (a) A permanent criminal stalking injunction limiting the contact between the
509 defendant and victim may be filed in accordance with Section 78B-7-902.
510 [
511 stalking based on the same act which is the basis for the violation of the stalking injunction
512 issued [
513 Injunctions, or a permanent criminal stalking injunction issued under Title 78B, Chapter 7, Part
514 9, Criminal Stalking Injunctions.
515 [
516 shall use all reasonable means to protect the victim and prevent further violence, including:
517 (i) taking action that, in the officer's discretion, is reasonably necessary to provide for
518 the safety of the victim and any family or household member;
519 (ii) confiscating the weapon or weapons involved in the alleged stalking;
520 (iii) making arrangements for the victim and any child to obtain emergency housing or
521 shelter;
522 (iv) providing protection while the victim removes essential personal effects;
523 (v) arranging, facilitating, or providing for the victim and any child to obtain medical
524 treatment; and
525 (vi) arranging, facilitating, or providing the victim with immediate and adequate notice
526 of the rights of victims and of the remedies and services available to victims of stalking, in
527 accordance with Subsection [
528 (b) (i) A law enforcement officer shall give written notice to the victim in simple
529 language, describing the rights and remedies available under this section and Title [
530
531 (ii) The written notice shall also include:
532 (A) a statement that the forms needed in order to obtain a stalking injunction are
533 available from the court clerk's office in the judicial district where the victim resides or is
534 temporarily domiciled; and
535 (B) a list of shelters, services, and resources available in the appropriate community,
536 together with telephone numbers, to assist the victim in accessing any needed assistance.
537 (c) If a weapon is confiscated under this Subsection [
538 agency shall return the weapon to the individual from whom the weapon is confiscated if a
539 stalking injunction is not issued or once the stalking injunction is terminated.
540 Section 8. Section 76-5-108 is amended to read:
541 76-5-108. Protective orders restraining abuse of another -- Violation.
542 (1) Any person who is the respondent or defendant subject to a protective order, child
543 protective order, ex parte protective order, or ex parte child protective order issued under the
544 following who intentionally or knowingly violates that order after having been properly served
545 or having been present, in person or through court video conferencing, when the order was
546 issued, is guilty of a class A misdemeanor, except as a greater penalty may be provided in Title
547 77, Chapter 36, Cohabitant Abuse Procedures Act:
548 (a) Title 78A, Chapter 6, Juvenile Court Act;
549 [
550 Protective Orders;
551 [
552 (c) Title [
553 Criminal Protective Orders; or
554 (d) a foreign protection order enforceable under Title 78B, Chapter 7, Part 3, Uniform
555 Interstate Enforcement of Domestic Violence Protection Orders Act.
556 (2) Violation of an order as described in Subsection (1) is a domestic violence offense
557 under Section 77-36-1 and subject to increased penalties in accordance with Section 77-36-1.1.
558 Section 9. Section 77-20-1 is amended to read:
559 77-20-1. Right to bail -- Denial of bail -- Hearing.
560 (1) As used in this chapter:
561 (a) "Bail bond agency" means the same as that term is defined in Section 31A-35-102.
562 (b) "Surety" and "sureties" mean a surety insurer or a bail bond agency.
563 (c) "Surety insurer" means the same as that term is defined in Section 31A-35-102.
564 (2) An individual charged with or arrested for a criminal offense shall be admitted to
565 bail as a matter of right, except if the individual is charged with a:
566 (a) capital felony, when the court finds there is substantial evidence to support the
567 charge;
568 (b) felony committed while on probation or parole, or while free on bail awaiting trial
569 on a previous felony charge, when the court finds there is substantial evidence to support the
570 current felony charge;
571 (c) felony when there is substantial evidence to support the charge and the court finds
572 by clear and convincing evidence that the individual would constitute a substantial danger to
573 any other individual or to the community, or is likely to flee the jurisdiction of the court, if
574 released on bail;
575 (d) felony when the court finds there is substantial evidence to support the charge and
576 [
577 condition of release while previously on bail; or
578 (e) domestic violence offense if the court finds:
579 (i) that there is substantial evidence to support the charge; and
580 (ii) by clear and convincing evidence, that the individual would constitute a substantial
581 danger to an alleged victim of domestic violence if released on bail.
582 (3) Any individual who may be admitted to bail may be released by posting bail in the
583 form and manner provided in Section 77-20-4, or on the individual's own recognizance, on
584 condition that the individual appear in court for future court proceedings in the case, and on
585 any other conditions imposed in the discretion of the magistrate or court that will reasonably:
586 (a) ensure the appearance of the accused;
587 (b) ensure the integrity of the court process;
588 (c) prevent direct or indirect contact with witnesses or victims by the accused, if
589 appropriate; and
590 (d) ensure the safety of the public.
591 (4) (a) Except as otherwise provided, the initial order denying or fixing the amount of
592 bail shall be issued by the magistrate or court issuing the warrant of arrest.
593 (b) A magistrate may set bail upon determining that there was probable cause for a
594 warrantless arrest.
595 (c) A bail commissioner may set bail in a misdemeanor case in accordance with
596 Sections 10-3-920 and 17-32-1.
597 (d) An individual arrested for a violation of a jail release agreement or jail release court
598 order issued in accordance with Section [
599 [
600 [
601 (ii) if denied bail, may not be released before the individual's initial appearance before
602 the court.
603 (5) The magistrate or court may rely upon information contained in:
604 (a) the indictment or information;
605 (b) any sworn probable cause statement;
606 (c) information provided by any pretrial services agency; or
607 (d) any other reliable record or source.
608 (6) (a) A motion to modify the initial order may be made by a party at any time upon
609 notice to the opposing party sufficient to permit the opposing party to prepare for hearing and
610 to permit any victim to be notified and be present.
611 (b) Hearing on a motion to modify may be held in conjunction with a preliminary
612 hearing or any other pretrial hearing.
613 (c) The magistrate or court may rely on information as provided in Subsection (5) and
614 may base its ruling on evidence provided at the hearing so long as each party is provided an
615 opportunity to present additional evidence or information relevant to bail.
616 (7) Subsequent motions to modify bail orders may be made only upon a showing that
617 there has been a material change in circumstances.
618 (8) An appeal may be taken from an order of any court denying bail to the Supreme
619 Court, which shall review the determination under Subsection (2).
620 (9) For purposes of this section, any arrest or charge for a violation of Section
621 76-5-202, Aggravated murder, is a capital felony unless:
622 (a) the prosecutor files a notice of intent to not seek the death penalty; or
623 (b) the time for filing a notice to seek the death penalty has expired and the prosecutor
624 has not filed a notice to seek the death penalty.
625 Section 10. Section 77-20-10 is amended to read:
626 77-20-10. Grounds for detaining defendant while appealing the defendant's
627 conviction -- Conditions for release while on appeal.
628 (1) The court shall order that a defendant who has been found guilty of an offense in a
629 court of record and sentenced to a term of imprisonment in jail or prison, and who has filed an
630 appeal or a petition for a writ of certiorari, be detained, unless the court finds:
631 (a) the appeal raises a substantial question of law or fact likely to result in:
632 (i) reversal;
633 (ii) an order for a new trial; or
634 (iii) a sentence that does not include a term of imprisonment in jail or prison;
635 (b) the appeal is not for the purpose of delay; and
636 (c) by clear and convincing evidence presented by the defendant that the defendant is
637 not likely to flee the jurisdiction of the court, and will not pose a danger to the physical,
638 psychological, or financial and economic safety or well-being of any other person or the
639 community if released.
640 (2) If the court makes a finding under Subsection (1) that justifies not detaining the
641 defendant, the court shall order the release of the defendant, subject to conditions that result in
642 the least restrictive condition or combination of conditions that the court determines will
643 reasonably assure the appearance of the person as required and the safety of any other person
644 and the community. The conditions may include that the defendant:
645 (a) post appropriate bail;
646 (b) execute a bail bond with a surety under Title 31A, Chapter 35, Bail Bond Act, in an
647 amount necessary to assure the appearance of the defendant as required;
648 (c) (i) execute a written agreement to forfeit, upon failing to appear as required,
649 designated property, including money, as is reasonably necessary to assure the appearance of
650 the defendant; and
651 (ii) post with the court indicia of ownership of the property or a percentage of the
652 money as the court may specify;
653 (d) not commit a federal, state, or local crime during the period of release;
654 (e) remain in the custody of a designated person who agrees to assume supervision of
655 the defendant and who agrees to report any violation of a release condition to the court, if the
656 designated person is reasonably able to assure the court that the defendant will appear as
657 required and will not pose a danger to the safety of any other person or the community;
658 (f) maintain employment, or if unemployed, actively seek employment;
659 (g) maintain or commence an educational program;
660 (h) abide by specified restrictions on personal associations, place of abode, or travel;
661 (i) avoid all contact with the victims of the offense and with any witnesses who
662 testified against the defendant or potential witnesses who may testify concerning the offense if
663 the appeal results in a reversal or an order for a new trial;
664 (j) report on a regular basis to a designated law enforcement agency, pretrial services
665 agency, or other designated agency;
666 (k) comply with a specified curfew;
667 (l) not possess a firearm, destructive device, or other dangerous weapon;
668 (m) not use alcohol, or any narcotic drug or other controlled substances except as
669 prescribed by a licensed medical practitioner;
670 (n) undergo available medical, psychological, or psychiatric treatment, including
671 treatment for drug or alcohol dependency, and remain under the supervision of or in a specified
672 institution if required for that purpose;
673 (o) return to custody for specified hours following release for employment, schooling,
674 or other limited purposes;
675 (p) satisfy any other condition that is reasonably necessary to assure the appearance of
676 the defendant as required and to assure the safety of any other person and the community; and
677 (q) if convicted of committing a sexual offense or an assault or other offense involving
678 violence against a child 17 years of age or younger, is limited or denied access to any location
679 or occupation where children are, including but not limited to:
680 (i) any residence where children are on the premises;
681 (ii) activities, including organized activities, in which children are involved; and
682 (iii) locations where children congregate, or where a reasonable person should know
683 that children congregate.
684 (3) The court may, in its discretion, amend an order granting release to impose
685 additional or different conditions of release.
686 (4) If defendant has been found guilty of an offense in a court not of record and files a
687 timely notice of appeal pursuant to Subsection 78A-7-118(1) for a trial de novo, the court shall
688 stay all terms of a sentence, unless at the time of sentencing the judge finds by a preponderance
689 of the evidence that the defendant poses a danger to another person or the community.
690 (5) If a stay is ordered, the court may order post-conviction restrictions on the
691 defendant's conduct as appropriate, including:
692 (a) continuation of any pre-trial restrictions or orders;
693 (b) sentencing protective orders under Section [
694 (c) drug and alcohol use;
695 (d) use of an ignition interlock; and
696 (e) posting appropriate bail.
697 (6) The provisions of Subsections (4) and (5) do not apply to convictions for an offense
698 under Title 41, Chapter 6a, Part 5, Driving Under the Influence and Reckless Driving.
699 (7) Any stay authorized by Subsection (4) is lifted upon the dismissal of the appeal by
700 the district court.
701 Section 11. Section 77-36-1 is amended to read:
702 77-36-1. Definitions.
703 As used in this chapter:
704 (1) "Cohabitant" means the same as that term is defined in Section 78B-7-102.
705 (2) "Department" means the Department of Public Safety.
706 (3) "Divorced" means an individual who has obtained a divorce under Title 30, Chapter
707 3, Divorce.
708 (4) "Domestic violence" or "domestic violence offense" means any criminal offense
709 involving violence or physical harm or threat of violence or physical harm, or any attempt,
710 conspiracy, or solicitation to commit a criminal offense involving violence or physical harm,
711 when committed by one cohabitant against another. "Domestic violence" or "domestic
712 violence offense" includes commission or attempt to commit, any of the following offenses by
713 one cohabitant against another:
714 (a) aggravated assault, as described in Section 76-5-103;
715 (b) aggravated cruelty to an animal, as described in Subsection 76-9-301(4), with the
716 intent to harass or threaten the other cohabitant;
717 (c) assault, as described in Section 76-5-102;
718 (d) criminal homicide, as described in Section 76-5-201;
719 (e) harassment, as described in Section 76-5-106;
720 (f) electronic communication harassment, as described in Section 76-9-201;
721 (g) kidnapping, child kidnapping, or aggravated kidnapping, as described in Sections
722 76-5-301, 76-5-301.1, and 76-5-302;
723 (h) mayhem, as described in Section 76-5-105;
724 (i) sexual offenses, as described in Title 76, Chapter 5, Part 4, Sexual Offenses, and
725 Section 76-5b-201, Sexual exploitation of a minor -- Offenses;
726 (j) stalking, as described in Section 76-5-106.5;
727 (k) unlawful detention or unlawful detention of a minor, as described in Section
728 76-5-304;
729 (l) violation of a protective order or ex parte protective order, as described in Section
730 76-5-108;
731 (m) any offense against property described in Title 76, Chapter 6, Part 1, Property
732 Destruction, Title 76, Chapter 6, Part 2, Burglary and Criminal Trespass, or Title 76, Chapter 6,
733 Part 3, Robbery;
734 (n) possession of a deadly weapon with criminal intent, as described in Section
735 76-10-507;
736 (o) discharge of a firearm from a vehicle, near a highway, or in the direction of any
737 person, building, or vehicle, as described in Section 76-10-508;
738 (p) disorderly conduct, as defined in Section 76-9-102, if a conviction of disorderly
739 conduct is the result of a plea agreement in which the defendant was originally charged with a
740 domestic violence offense otherwise described in this Subsection (4), except that a conviction
741 of disorderly conduct as a domestic violence offense, in the manner described in this
742 Subsection (4)(p), does not constitute a misdemeanor crime of domestic violence under 18
743 U.S.C. Sec. 921, and is exempt from the federal Firearms Act, 18 U.S.C. Sec. 921 et seq.;
744 (q) child abuse, as described in Section 76-5-109.1;
745 (r) threatening use of a dangerous weapon, as described in Section 76-10-506;
746 (s) threatening violence, as described in Section 76-5-107;
747 (t) tampering with a witness, as described in Section 76-8-508;
748 (u) retaliation against a witness or victim, as described in Section 76-8-508.3;
749 (v) unlawful distribution of an intimate image, as described in Section 76-5b-203;
750 (w) sexual battery, as described in Section 76-9-702.1;
751 (x) voyeurism, as described in Section 76-9-702.7;
752 (y) damage to or interruption of a communication device, as described in Section
753 76-6-108; or
754 (z) an offense described in [
755 (5) "Jail release agreement" means the same as that term is defined in Section
756 [
757 (6) "Jail release court order" means the same as that term is defined in Section
758 [
759 (7) "Marital status" means married and living together, divorced, separated, or not
760 married.
761 (8) "Married and living together" means a couple whose marriage was solemnized
762 under Section 30-1-4 or 30-1-6 and who are living in the same residence.
763 (9) "Not married" means any living arrangement other than married and living together,
764 divorced, or separated.
765 (10) "Protective order" includes an order issued under [
766 Subsection 78B-7-804(3).
767 (11) "Pretrial protective order" means a written order:
768 (a) specifying and limiting the contact a person who has been charged with a domestic
769 violence offense may have with an alleged victim or other specified individuals; and
770 (b) specifying other conditions of release [
771
772 the criminal case.
773 (12) "Sentencing protective order" means a written order of the court as part of
774 sentencing in a domestic violence case that limits the contact a person who has been convicted
775 of a domestic violence offense may have with a victim or other specified individuals [
776
777 (13) "Separated" means a couple who have had their marriage solemnized under
778 Section 30-1-4 or 30-1-6 and who are not living in the same residence.
779 (14) "Victim" means a cohabitant who has been subjected to domestic violence.
780 Section 12. Section 77-36-2.1 is amended to read:
781 77-36-2.1. Duties of law enforcement officers -- Notice to victims.
782 (1) A law enforcement officer who responds to an allegation of domestic violence shall
783 use all reasonable means to protect the victim and prevent further violence, including:
784 (a) taking the action that, in the officer's discretion, is reasonably necessary to provide
785 for the safety of the victim and any family or household member;
786 (b) confiscating the weapon or weapons involved in the alleged domestic violence;
787 (c) making arrangements for the victim and any child to obtain emergency housing or
788 shelter;
789 (d) providing protection while the victim removes essential personal effects;
790 (e) arrange, facilitate, or provide for the victim and any child to obtain medical
791 treatment; and
792 (f) arrange, facilitate, or provide the victim with immediate and adequate notice of the
793 rights of victims and of the remedies and services available to victims of domestic violence, in
794 accordance with Subsection (2).
795 (2) (a) A law enforcement officer shall give written notice to the victim in simple
796 language, describing the rights and remedies available under this chapter, Title 78B, Chapter 7,
797 [
798 Chapter 7, Part 2, Child Protective Orders.
799 (b) The written notice shall also include:
800 (i) a statement that the forms needed in order to obtain an order for protection are
801 available from the court clerk's office in the judicial district where the victim resides or is
802 temporarily domiciled;
803 (ii) a list of shelters, services, and resources available in the appropriate community,
804 together with telephone numbers, to assist the victim in accessing any needed assistance; and
805 (iii) the information required to be provided to both parties in accordance with
806 Subsections [
807 (3) If a weapon is confiscated under this section, the law enforcement agency shall
808 return the weapon to the individual from whom the weapon is confiscated if a domestic
809 violence protective order is not issued or once the domestic violence protective order is
810 terminated.
811 Section 13. Section 77-36-2.4 is amended to read:
812 77-36-2.4. Violation of a protective order -- Mandatory arrest -- Penalties.
813 (1) A law enforcement officer shall[
814
815 alleged perpetrator for a violation of any of the provisions of an ex parte protective order or
816 protective order in accordance with Section 78B-7-119.
817 (2) A violation of a protective order is punishable in accordance with Section
818 76-5-108.
819 [
820
821
822
823 [
824
825 [
826 [
827
828 [
829
830 [
831
832 [
833
834 Section 14. Section 77-36-2.6 is amended to read:
835 77-36-2.6. Appearance of defendant required -- Considerations by court.
836 (1) A defendant who has been arrested for an offense involving domestic violence shall
837 appear in person or by video before the court or a magistrate within one judicial day after the
838 day on which the arrest is made.
839 (2) A defendant who has been charged by citation, indictment, or information with an
840 offense involving domestic violence but has not been arrested, shall appear before the court in
841 person for arraignment or initial appearance as soon as practicable, but no later than 14 days
842 after the next day on which court is in session following the issuance of the citation or the
843 filing of the indictment or information.
844 (3) At the time of an appearance under Subsection (1) or (2), the court shall[
845 imposing a pretrial protective order in accordance with Section 78B-7-803.
846 [
847
848
849 [
850
851 [
852 (4) Appearances required by this section are mandatory and may not be waived.
853 Section 15. Section 77-36-2.7 is amended to read:
854 77-36-2.7. Dismissal -- Diversion prohibited -- Plea in abeyance -- Pretrial
855 protective order pending trial.
856 (1) Because of the serious nature of domestic violence, the court, in domestic violence
857 actions:
858 (a) may not dismiss any charge or delay disposition because of concurrent divorce or
859 other civil proceedings;
860 (b) may not require proof that either party is seeking a dissolution of marriage before
861 instigation of criminal proceedings;
862 (c) shall waive any requirement that the victim's location be disclosed other than to the
863 defendant's attorney and order the defendant's attorney not to disclose the victim's location to
864 the client;
865 (d) shall identify, on the docket sheets, the criminal actions arising from acts of
866 domestic violence; and
867 (e) may hold a plea in abeyance, in accordance with the provisions of Chapter 2a, Pleas
868 in Abeyance, making treatment or any other requirement for the defendant a condition of that
869 status.
870 (2) When the court holds a plea in abeyance in accordance with Subsection (1)(e), the
871 case against a perpetrator of domestic violence may be dismissed only if the perpetrator
872 successfully completes all conditions imposed by the court. If the defendant fails to complete
873 any condition imposed by the court under Subsection (1)(e), the court may accept the
874 defendant's plea.
875 [
876
877
878
879
880 [
881
882 [
883
884 [
885
886 [
887
888
889 [
890
891 [
892 [
893
894 [
895
896 [
897
898 [
899
900 [
901
902 [
903
904 [
905
906
907 [
908
909 (3) When a defendant is charged with a crime involving a qualifying offense, as
910 defined in Section 78B-7-801, the court may, during any court hearing where the defendant is
911 present, issue a pretrial protective order in accordance with Section 78B-7-803.
912 (4) (a) When a court dismisses criminal charges or a prosecutor moves to dismiss
913 charges against a defendant accused of a domestic violence offense, the specific reasons for
914 dismissal shall be recorded in the court file and made a part of any related order or agreement
915 on the statewide domestic violence network described in Section 78B-7-113.
916 (b) The court shall transmit the dismissal to the statewide domestic violence network.
917 (c) Any pretrial protective orders, including jail release court orders and jail release
918 agreements, related to the dismissed domestic violence criminal charge shall also be dismissed.
919 (5) The court may not approve diversion for a perpetrator of domestic violence.
920 Section 16. Section 77-36-5 is amended to read:
921 77-36-5. Sentencing -- Restricting contact with victim -- Electronic monitoring --
922 Counseling -- Cost assessed against defendant -- Sentencing protective order --
923 Continuous protective order.
924 (1) [
925 a condition of the sentence restricts the defendant's contact with the victim, a sentencing
926 protective order may be issued under [
927 length of the defendant's probation or a continuous protective order may be issued under
928 [
929 [
930
931 [
932
933 [
934
935 (2) In determining [
936 provided by law, may require the defendant to participate in an electronic or other type of
937 monitoring program.
938 (3) The court may also require the defendant to pay all or part of the costs of
939 counseling incurred by the victim and any children affected by or exposed to the domestic
940 violence offense, as well as the costs for the defendant's own counseling.
941 (4) The court shall:
942 (a) assess against the defendant, as restitution, any costs for services or treatment
943 provided to the victim and affected children of the victim or the defendant by the Division of
944 Child and Family Services under Section 62A-4a-106; and
945 (b) order those costs to be paid directly to the division or its contracted provider.
946 (5) The court may order the defendant to obtain and satisfactorily complete treatment
947 or therapy in a domestic violence treatment program, as defined in Section 62A-2-101, that is
948 licensed by the Department of Human Services.
949 Section 17. Section 77-36-5.1 is amended to read:
950 77-36-5.1. Conditions of probation for individual convicted of domestic violence
951 offense.
952 (1) Before any perpetrator who has been convicted of a domestic violence offense may
953 be placed on probation, the court shall consider the safety and protection of the victim and any
954 member of the victim's family or household.
955 (2) The court may condition probation or a plea in abeyance on the perpetrator's
956 compliance with one or more orders of the court, which may include:
957 (a) a sentencing protective order[
958 [
959
960 [
961
962 [
963
964
965 [
966 controlled substances;
967 [
968 other specified weapon;
969 [
970 possesses;
971 [
972 the court, a program of intervention for perpetrators, treatment for alcohol or substance abuse,
973 or psychiatric or psychological treatment;
974 [
975 shall be in accordance with Chapter 38a, Crime Victims Restitution Act; and
976 [
977 designated family or household member or to rehabilitate the perpetrator.
978 (3) The perpetrator is responsible for the costs of any condition of probation, according
979 to the perpetrator's ability to pay.
980 (4) (a) Adult Probation and Parole, or other provider, shall immediately report to the
981 court and notify the victim of any offense involving domestic violence committed by the
982 perpetrator, the perpetrator's failure to comply with any condition imposed by the court, and
983 any violation of [
984 78B-7-804.
985 (b) Notification of the victim under Subsection (4)(a) shall consist of a good faith
986 reasonable effort to provide prompt notification, including mailing a copy of the notification to
987 the last-known address of the victim.
988 [
989
990
991 [
992
993
994
995
996
997
998
999 [
1000
1001
1002
1003
1004 [
1005 [
1006
1007
1008 [
1009
1010 [
1011
1012 [
1013
1014 [
1015
1016
1017 [
1018
1019 [
1020
1021 [
1022
1023
1024 [
1025
1026 [
1027
1028
1029 [
1030
1031
1032
1033 [
1034
1035
1036
1037 [
1038 [
1039 [
1040
1041
1042
1043
1044 [
1045 a separate order relating to the transfer of a wireless telephone number in accordance with
1046 Section [
1047 Section 18. Section 77-36-6 is amended to read:
1048 77-36-6. Enforcement of orders.
1049 (1) Each law enforcement agency in this state shall enforce all orders of the court
1050 issued [
1051 enforce:
1052 (a) all protective orders and ex parte protective orders issued [
1053 78B, Chapter 7, [
1054 (b) pretrial protective orders issued under Section 78B-7-803 and sentencing protective
1055 orders issued under Section 78B-7-804; and
1056 (c) all foreign protection orders enforceable under Title 78B, Chapter 7, Part 3,
1057 Uniform Interstate Enforcement of Domestic Violence Protection Orders Act.
1058 (2) The requirements of this section apply statewide, regardless of the jurisdiction in
1059 which the order was issued or the location of the victim or the perpetrator.
1060 Section 19. Section 77-38-403 is amended to read:
1061 77-38-403. Definitions.
1062 As used in this part:
1063 (1) "Advocacy services" means assistance provided that supports, supplements,
1064 intervenes, or links a victim or a victim's family with appropriate resources and services to
1065 address the wide range of potential impacts of being victimized.
1066 (2) "Advocacy services provider" means an entity that has the primary focus of
1067 providing advocacy services in general or with specialization to a specific crime type or
1068 specific type of victimization.
1069 (3) "Confidential communication" means a communication that is intended to be
1070 confidential between a victim and a victim advocate for the purpose of obtaining advocacy
1071 services.
1072 (4) "Criminal justice system victim advocate" means an individual who:
1073 (a) is employed or authorized to volunteer by a government agency that possesses a
1074 role or responsibility within the criminal justice system;
1075 (b) has as a primary responsibility addressing the mental, physical, or emotional
1076 recovery of victims;
1077 (c) completes a minimum 40 hours of trauma-informed training:
1078 (i) in crisis response, the effects of crime and trauma on victims, victim advocacy
1079 services and ethics, informed consent, and this part regarding privileged confidential
1080 communication; and
1081 (ii) that have been approved or provided by the Utah Office for Victims of Crime; and
1082 (d) is under the supervision of the director or director's designee of the government
1083 agency.
1084 (5) "Health care provider" means the same as that term is defined in Section
1085 78B-3-403.
1086 (6) "Mental health therapist" means the same as that term is defined in Section
1087 58-60-102.
1088 (7) "Nongovernment organization victim advocate" means an individual who:
1089 (a) is employed or authorized to volunteer by an nongovernment organization advocacy
1090 services provider;
1091 (b) has as a primary responsibility addressing the mental, physical, or emotional
1092 recovery of victims;
1093 (c) has a minimum 40 hours of trauma-informed training:
1094 (i) in assisting victims specific to the specialization or focus of the nongovernment
1095 organization advocacy services provider and includes this part regarding privileged confidential
1096 communication; and
1097 (ii) (A) that have been approved or provided by the Utah Office for Victims of Crime;
1098 or
1099 (B) that meets other minimally equivalent standards set forth by the nongovernment
1100 organization advocacy services provider; and
1101 (d) is under the supervision of the director or the director's designee of the
1102 nongovernment organization advocacy services provider.
1103 (8) "Record" means a book, letter, document, paper, map, plan, photograph, file, card,
1104 tape, recording, electronic data, or other documentary material regardless of physical form or
1105 characteristics.
1106 (9) "Victim" means:
1107 (a) a [
1108 (b) an individual who is a victim of domestic violence as defined in Section 77-36-1;
1109 or
1110 (c) an individual who is a victim of dating violence as defined in Section [
1111 78B-7-102.
1112 (10) (a) "Victim advocate" means:
1113 [
1114 [
1115 [
1116 private entity and is designated by the Utah Office for Victims of Crime as having the specific
1117 purpose of providing advocacy services to or for the clients of the public or private entity.
1118 [
1119 Victims of Crime.
1120 Section 20. Section 78A-6-103 is amended to read:
1121 78A-6-103. Jurisdiction of juvenile court -- Original -- Exclusive.
1122 (1) Except as otherwise provided by law, the juvenile court has exclusive original
1123 jurisdiction in proceedings concerning:
1124 (a) a child who has violated any federal, state, or local law or municipal ordinance or a
1125 person younger than 21 years of age who has violated any law or ordinance before becoming
1126 18 years of age, regardless of where the violation occurred, excluding offenses:
1127 (i) in Section 53G-8-211 until such time that the child is referred to the courts under
1128 Section 53G-8-211; and
1129 (ii) in Subsection 78A-7-106(2);
1130 (b) a child who is an abused child, neglected child, or dependent child, as those terms
1131 are defined in Section 78A-6-105;
1132 (c) a protective order for a child pursuant to Title 78B, Chapter 7, Part 2, Child
1133 Protective Orders, which the juvenile court may transfer to the district court if the juvenile
1134 court has entered an ex parte protective order and finds that:
1135 (i) the petitioner and the respondent are the natural parent, adoptive parent, or step
1136 parent of the child who is the object of the petition;
1137 (ii) the district court has a petition pending or an order related to custody or parent-time
1138 entered under Title 30, Chapter 3, Divorce, Title 78B, Chapter 7, [
1139
1140 Parentage Act, in which the petitioner and the respondent are parties; and
1141 (iii) the best interests of the child will be better served in the district court;
1142 (d) appointment of a guardian of the person or other guardian of a minor who comes
1143 within the court's jurisdiction under other provisions of this section;
1144 (e) the emancipation of a minor in accordance with Part 8, Emancipation;
1145 (f) the termination of the legal parent-child relationship in accordance with Part 5,
1146 Termination of Parental Rights Act, including termination of residual parental rights and
1147 duties;
1148 (g) the treatment or commitment of a minor who has an intellectual disability;
1149 (h) the judicial consent to the marriage of a minor 16 or 17 years old upon a
1150 determination of voluntariness or where otherwise required by law;
1151 (i) any parent or parents of a child committed to a secure youth facility, to order, at the
1152 discretion of the court and on the recommendation of a secure facility, the parent or parents of a
1153 child committed to a secure facility for a custodial term, to undergo group rehabilitation
1154 therapy under the direction of a secure facility therapist, who has supervision of that parent's or
1155 parents' child, or any other therapist the court may direct, for a period directed by the court as
1156 recommended by a secure facility;
1157 (j) a minor under Title 55, Chapter 12, Interstate Compact for Juveniles;
1158 (k) subject to Subsection (8), the treatment or commitment of a child with a mental
1159 illness;
1160 (l) the commitment of a child to a secure drug or alcohol facility in accordance with
1161 Section 62A-15-301;
1162 (m) a minor found not competent to proceed pursuant to Section 78A-6-1301;
1163 (n) de novo review of final agency actions resulting from an informal adjudicative
1164 proceeding as provided in Section 63G-4-402; and
1165 (o) adoptions conducted in accordance with the procedures described in Title 78B,
1166 Chapter 6, Part 1, Utah Adoption Act, when the juvenile court has previously entered an order
1167 terminating the rights of a parent and finds that adoption is in the best interest of the child.
1168 (2) (a) Notwithstanding Section 78A-7-106 and Subsection 78A-5-102(9), the juvenile
1169 court has exclusive jurisdiction over the following offenses committed by a child:
1170 (i) Title 41, Chapter 6a, Part 5, Driving Under the Influence and Reckless Driving;
1171 (ii) Section 73-18-12, reckless operation; and
1172 (iii) class B and C misdemeanors, infractions, or violations of ordinances that are part
1173 of a single criminal episode filed in a petition that contains an offense over which the court has
1174 jurisdiction.
1175 (b) A juvenile court may only order substance use disorder treatment or an educational
1176 series if the minor has an assessed need for the intervention on the basis of the results of a
1177 validated assessment.
1178 (3) The juvenile court has jurisdiction over an ungovernable or runaway child who is
1179 referred to it by the Division of Child and Family Services or by public or private agencies that
1180 contract with the division to provide services to that child when, despite earnest and persistent
1181 efforts by the division or agency, the child has demonstrated that the child:
1182 (a) is beyond the control of the child's parent, guardian, or lawful custodian to the
1183 extent that the child's behavior or condition endangers the child's own welfare or the welfare of
1184 others; or
1185 (b) has run away from home.
1186 (4) This section does not restrict the right of access to the juvenile court by private
1187 agencies or other persons.
1188 (5) The juvenile court has jurisdiction of all magistrate functions relative to cases
1189 arising under Section 78A-6-702.
1190 (6) The juvenile court has jurisdiction to make a finding of substantiated,
1191 unsubstantiated, or without merit, in accordance with Section 78A-6-323.
1192 (7) The juvenile court has jurisdiction of matters transferred to it by another trial court
1193 pursuant to Subsection 78A-7-106(5) and subject to Section 53G-8-211.
1194 (8) The court may commit a child to the physical custody of a local mental health
1195 authority in accordance with Title 62A, Chapter 15, Part 7, Commitment of Persons Under Age
1196 18 to Division of Substance Abuse and Mental Health, but not directly to the Utah State
1197 Hospital.
1198 Section 21. Section 78A-6-114 is amended to read:
1199 78A-6-114. Hearings -- Public excluded, exceptions -- Victims admitted -- Minor's
1200 cases heard separately from adult cases -- Minor or parents or custodian heard
1201 separately -- Continuance of hearing -- Consolidation of proceedings involving more than
1202 one minor.
1203 (1) Hearings in [
1204 may be conducted in an informal manner.
1205 (a) (i) In abuse, neglect, and dependency cases the court shall admit any person to a
1206 hearing, including a hearing under Section 78A-6-322, unless the court makes a finding upon
1207 the record that the person's presence at the hearing would:
1208 (A) be detrimental to the best interest of a child who is a party to the proceeding;
1209 (B) impair the fact-finding process; or
1210 (C) be otherwise contrary to the interests of justice.
1211 (ii) The court may exclude a person from a hearing under Subsection (1)(a)(i) on its
1212 own motion or by motion of a party to the proceeding.
1213 (b) In delinquency cases the court shall admit all persons who have a direct interest in
1214 the case and may admit persons requested by the parent or legal guardian to be present. The
1215 court shall exclude all other persons except as provided in Subsection (1)(c).
1216 (c) In delinquency cases in which the minor charged is 14 years of age or older, the
1217 court shall admit any person unless the hearing is closed by the court upon findings on the
1218 record for good cause if:
1219 (i) the minor has been charged with an offense which would be a felony if committed
1220 by an adult; or
1221 (ii) the minor is charged with an offense that would be a class A or B misdemeanor if
1222 committed by an adult, and the minor has been previously charged with an offense which
1223 would be a misdemeanor or felony if committed by an adult.
1224 (d) The victim of any act charged in a petition or information involving an offense
1225 committed by a minor which if committed by an adult would be a felony or a class A or class B
1226 misdemeanor shall, upon request, be afforded all rights afforded victims in Title 77, Chapter
1227 36, Cohabitant Abuse Procedures Act, Title 77, Chapter 37, Victims' Rights, [
1228 Chapter 38, Rights of Crime Victims Act, and Title 78B, Chapter 7, Part 8, Criminal Protective
1229 Orders. The notice provisions in Section 77-38-3 do not apply to important juvenile justice
1230 hearings as defined in Section 77-38-2.
1231 (e) A victim, upon request to appropriate juvenile court personnel, shall have the right
1232 to inspect and duplicate juvenile court legal records that have not been expunged concerning:
1233 (i) the scheduling of any court hearings on the petition;
1234 (ii) any findings made by the court; and
1235 (iii) any sentence or decree imposed by the court.
1236 (2) [
1237 the parents or custodian of a minor may be heard separately when considered necessary by the
1238 court. The hearing may be continued from time to time to a date specified by court order.
1239 (3) When more than one child is involved in a home situation which may be found to
1240 constitute neglect or dependency, or when more than one minor is alleged to be involved in the
1241 same law violation, the proceedings may be consolidated, except that separate hearings may be
1242 held with respect to disposition.
1243 Section 22. Section 78A-6-123 is amended to read:
1244 78A-6-123. Case planning and appropriate responses.
1245 (1) For a minor adjudicated and placed on probation or into the custody of the Division
1246 of Juvenile Justice Services under Section 78A-6-117, a case plan shall be created and shall be:
1247 (a) developed in collaboration with the minor and the minor's family;
1248 (b) individualized to the minor;
1249 (c) informed by the results of a validated risk and needs assessment; and
1250 (d) tailored to the minor's offense and history.
1251 (2) (a) The Administrative Office of the Courts and the Division of Juvenile Justice
1252 Services shall develop a statewide system of appropriate responses to guide responses to the
1253 behaviors of minors:
1254 (i) undergoing nonjudicial adjustments;
1255 (ii) under the jurisdiction of the juvenile court; and
1256 (iii) in the custody of the Division of Juvenile Justice Services.
1257 (b) The system of responses shall include both sanctions and incentives that:
1258 (i) are swift and certain;
1259 (ii) include a continuum of community based responses for minors living at home;
1260 (iii) target a minor's criminogenic risks and needs, as determined by the results of a
1261 validated risk and needs assessment, and the severity of the violation; and
1262 (iv) authorize earned discharge credits as one incentive for compliance.
1263 (c) After considering the guidelines established by the Sentencing Commission,
1264 pursuant to Section 63M-7-404, the system of appropriate responses under Subsections (2)(a)
1265 and (b) shall be developed.
1266 (3) A response to a compliant or noncompliant behavior under Subsection (2) shall be
1267 documented in the minor's case plan. Documentation shall include:
1268 (a) positive behaviors and incentives offered;
1269 (b) violations and corresponding sanctions; and
1270 (c) whether the minor has a subsequent violation after a sanction.
1271 (4) Before referring a minor to court for judicial review or to the Youth Parole
1272 Authority if the minor is under the jurisdiction of the Youth Parole Authority in response to a
1273 violation, either through a contempt filing under Section 78A-6-1101 or an order to show
1274 cause, pursuant to Subsections (2)(a) and (b), a pattern of appropriate responses shall be
1275 documented in the minor's case plan .
1276 (5) Notwithstanding Subsection (4), violations of protective orders or ex parte
1277 [
1278 with victims and violations that constitute new delinquency offenses may be filed directly with
1279 the court.
1280 Section 23. Section 78B-7-101 is amended to read:
1281
1282
1283 78B-7-101. Title.
1284 This [
1285 "Protective Orders and Stalking Injunctions."
1286 Section 24. Section 78B-7-102 is amended to read:
1287 78B-7-102. Definitions.
1288 As used in this chapter:
1289 (1) "Abuse" means, except as provided in Section 78B-7-201, intentionally or
1290 knowingly causing or attempting to cause [
1291
1292 placing another individual in reasonable fear of imminent physical harm.
1293 (2) "Civil protective order" means an order issued, subsequent to a hearing on the
1294 petition, of which the petitioner and respondent have been given notice, under:
1295 (a) Part 2, Child Protective Orders;
1296 (b) Part 4, Dating Violence Protective Orders;
1297 (c) Part 5, Sexual Violence Protective Orders; or
1298 (d) Part 6, Cohabitant Abuse Protective Orders.
1299 (3) "Civil stalking injunction" means a stalking injunction issued, subsequent to a
1300 hearing on the petition, of which the petitioner and respondent have been given notice, under
1301 Part 7, Civil Stalking Injunctions.
1302 [
1303 Section 15-2-1 or [
1304 [
1305 [
1306 [
1307 parent, grandparent, sibling, or any other [
1308 by consanguinity or affinity to the second degree;
1309 [
1310 [
1311 [
1312 [
1313 [
1314 [
1315 [
1316 under 18 years of age.
1317 (5) "Criminal protective order" means an order issued under Part 8, Criminal Protective
1318 Orders.
1319 [
1320 (7) (a) "Dating partner" means an individual who:
1321 (i) (A) is an emancipated individual under Section 15-2-1 or Title 78A, Chapter 6, Part
1322 8, Emancipation; or
1323 (B) is 18 years of age or older; and
1324 (ii) is, or has been, in a dating relationship with the other party.
1325 (b) "Dating partner" does not include an intimate partner.
1326 (8) (a) "Dating relationship" means a social relationship of a romantic or intimate
1327 nature, or a relationship which has romance or intimacy as a goal by one or both parties,
1328 regardless of whether the relationship involves sexual intimacy.
1329 (b) "Dating relationship" does not include casual fraternization in a business,
1330 educational, or social context.
1331 (c) In determining, based on a totality of the circumstances, whether a dating
1332 relationship exists:
1333 (i) all relevant factors shall be considered, including:
1334 (A) whether the parties developed interpersonal bonding above a mere casual
1335 fraternization;
1336 (B) the length of the parties' relationship;
1337 (C) the nature and the frequency of the parties' interactions, including communications
1338 indicating that the parties intended to begin a dating relationship;
1339 (D) the ongoing expectations of the parties, individual or jointly, with respect to the
1340 relationship;
1341 (E) whether, by statement or conduct, the parties demonstrated an affirmation of their
1342 relationship to others; and
1343 (F) whether other reasons exist that support or detract from a finding that a dating
1344 relationship exists; and
1345 (ii) it is not necessary that all, or a particular number, of the factors described in
1346 Subsection (8)(c)(i) are found to support the existence of a dating relationship.
1347 [
1348 77-36-1.
1349 [
1350 respondent [
1351 (a) Part 2, Child Protective Orders;
1352 (b) Part 4, Dating Violence Protective Orders;
1353 (c) Part 5, Sexual Violence Protective Orders; or
1354 (d) Part 6, Cohabitant Abuse Protective Orders.
1355 (11) "Ex parte civil stalking injunction" means a stalking injunction issued without
1356 notice to the respondent under Part 8, Civil Stalking Injunctions.
1357 [
1358 78B-7-302.
1359 (13) "Intimate partner" means the same as that term is defined in 18 U.S.C. Sec. 921.
1360 [
1361 agency having general police power and charged with making arrests in connection with
1362 enforcement of the criminal statutes and ordinances of this state or any political subdivision.
1363 [
1364 Chapter 13, Peace Officer Classifications.
1365 [
1366 [
1367
1368 [
1369 (16) "Qualifying domestic violence offense" means the same as that term is defined in
1370 Section 77-36-1.1.
1371 (17) "Respondent" means the individual against whom enforcement of a protective
1372 order is sought.
1373 (18) "Stalking" means the same as that term is defined in Section 76-5-106.5.
1374 Section 25. Section 78B-7-104 is amended to read:
1375 78B-7-104. Venue of action for ex parte civil protective orders and civil protective
1376 orders.
1377 (1) [
1378 jurisdiction of any action for an ex parte civil protective order or civil protective order brought
1379 under this chapter.
1380 (2) An action for an ex parte civil protective order or civil protective order brought
1381 [
1382 which the action complained of took place.
1383 Section 26. Section 78B-7-105 is amended to read:
1384 78B-7-105. Forms for petitions, civil protective orders, and civil stalking
1385 injunctions -- Assistance -- Fees.
1386 (1) (a) The offices of the court clerk shall provide forms [
1387
1388 (i) an ex parte civil protective order;
1389 (ii) a civil protective order;
1390 (iii) an ex parte stalking injunction; or
1391 (iv) a civil stalking injunction.
1392 (b) The Administrative Office of the Courts shall:
1393 (i) develop and adopt uniform forms for petitions and [
1394 protective orders and stalking injunctions described in Subsection (1) in accordance with the
1395 provisions of this chapter[
1396 (ii) provide the forms to the clerk of each court authorized to issue [
1397 the protective orders and stalking injunctions described in Subsection (1). [
1398 (2) For an ex parte civil protective order and a civil protective order, the forms
1399 described in Subsection (1)(b) shall include:
1400 [
1401 knowing falsification of any statement or information provided for the purpose of obtaining a
1402 civil protective order may subject the petitioner to felony prosecution;
1403 (b) language indicating the criminal penalty for a violation of an ex parte civil
1404 protective order or a civil protective order under this chapter and language stating a violation of
1405 or failure to comply with a civil provision is subject to contempt proceedings;
1406 (c) a space for information the petitioner is able to provide to facilitate identification of
1407 the respondent, including the respondent's social security number, driver license number, date
1408 of birth, address, telephone number, and physical description;
1409 (d) a space for information the petitioner is able to provide related to a proceeding for a
1410 civil protective order or a criminal protective order, civil litigation, a proceeding in juvenile
1411 court, or a criminal case involving either party, including the case name, file number, the
1412 county and state of the proceeding, and the judge's name;
1413 (e) a space to indicate whether the party to be protected is an intimate partner to the
1414 respondent or a child of an intimate partner to the respondent; and
1415 (f) for a petition under Part 6, Cohabitant Abuse Protective Orders:
1416 [
1417 criminal offense, and a separate portion for those provisions, the violation of which is a civil
1418 violation[
1419 [
1420
1421
1422 [
1423
1424
1425 [
1426
1427
1428 [
1429
1430
1431
1432 [
1433
1434
1435 [
1436
1437
1438 [
1439 [
1440 [
1441 [
1442 (ii) a statement advising the petitioner that when a child is included in an ex parte
1443 protective order or a protective order, as part of either the criminal or the civil portion of the
1444 order, the petitioner may provide a copy of the order to the principal of the school that the child
1445 attends; and
1446 (iii) a statement advising the petitioner that if the respondent fails to return custody of a
1447 minor child to the petitioner as ordered in a protective order, the petitioner may obtain from the
1448 court a writ of assistance.
1449 [
1450 is not represented by an attorney, [
1451 provide nonlegal assistance, including:
1452 (a) the forms adopted [
1453 (b) all other forms required to petition for [
1454
1455 forms for service;
1456 (c) clerical assistance in filling out the forms and filing the petition, [
1457
1458 designates another entity, agency, or person to provide that service, [
1459
1460 (d) information regarding the means available for the service of process;
1461 (e) a list of legal service organizations that may represent the petitioner in an action
1462 brought under this chapter, together with the telephone numbers of those organizations; and
1463 (f) written information regarding the procedure for transporting a jailed or imprisoned
1464 respondent to the protective order hearing, including an explanation of the use of transportation
1465 order forms when necessary.
1466 [
1467 for:
1468 (a) filing a petition under this chapter;
1469 (b) obtaining an ex parte civil protective order or ex parte civil stalking injunction;
1470 (c) obtaining copies, either certified or [
1471 or delivery to law enforcement officials; or
1472 (d) fees for service of [
1473 (i) a petition under this chapter;
1474 (ii) an ex parte civil protective order;
1475 (iii) a civil protective order;
1476 (iv) an ex parte civil stalking injunction; or
1477 (v) a civil stalking injunction.
1478 [
1479 civil protective order shall be in writing and verified.
1480 [
1481 protective order shall be issued in the form adopted by the Administrative Office of the Courts
1482 [
1483 (b) [
1484 that is issued shall, if applicable, include the following language:
1485 "Respondent was afforded both notice and opportunity to be heard in the hearing that
1486 gave rise to this order. Pursuant to the Violence Against Women Act of 1994, P.L. 103-322,
1487 108 Stat. 1796, 18 U.S.C. Sec. 2265, this order is valid in all the United States, the District of
1488 Columbia, tribal lands, and United States territories. This order complies with the Uniform
1489 Interstate Enforcement of Domestic Violence Protection Orders Act."
1490 (c) [
1491
1492
1493 6, Cohabitant Abuse Protective Orders, shall include the following language:
1494 "NOTICE TO PETITIONER: The court may amend or dismiss a protective order after
1495 one year if it finds that the basis for the issuance of the protective order no longer exists and the
1496 petitioner has repeatedly acted in contravention of the protective order provisions to
1497 intentionally or knowingly induce the respondent to violate the protective order, demonstrating
1498 to the court that the petitioner no longer has a reasonable fear of the respondent."
1499 (7) (a) (i) The court clerk shall provide, without charge, to the petitioner, one certified
1500 copy of a civil stalking injunction issued by the court and one certified copy of the proof of
1501 service of the civil stalking injunction on the respondent.
1502 (ii) A charge may be imposed by the court clerk's office for any copies in addition to
1503 the copy described in Subsection (7)(a)(i), certified or uncertified.
1504 (b) An ex parte civil stalking injunction and civil stalking injunction shall include the
1505 following statement:
1506 "Attention: This is an official court order. If you disobey this order, the court may find
1507 you in contempt. You may also be arrested and prosecuted for the crime of stalking and any
1508 other crime you may have committed in disobeying this order."
1509 Section 27. Section 78B-7-109 is amended to read:
1510 78B-7-109. Continuing duty to inform court of other proceedings -- Effect of
1511 other proceedings.
1512 (1) Each party has a continuing duty to inform the court of each proceeding for [
1513
1514 each proceeding in juvenile court, and each criminal case involving either party, including the
1515 case name, the file number, and the county and state of the proceeding, if that information is
1516 known by the party.
1517 (2) (a) [
1518 under this chapter is in addition to and not in lieu of any other available civil or criminal
1519 proceeding.
1520 (b) A petitioner is not barred from seeking a civil protective order because of other
1521 pending proceedings.
1522 (c) A court may not delay granting [
1523 because of the existence of a pending civil action between the parties.
1524 (3) A petitioner may omit the petitioner's address from all documents filed with the
1525 court under this chapter, but shall separately provide the court with a mailing address that is not
1526 to be made part of the public record, but that may be provided to a peace officer or entity for
1527 service of process.
1528 Section 28. Section 78B-7-112 is amended to read:
1529 78B-7-112. Division of Child and Family Services -- Development and assistance
1530 of volunteer network.
1531 (1) The Division of Child and Family Services within the Department of Human
1532 Services shall, either directly or by contract:
1533 (a) develop a statewide network of volunteers and community resources to support,
1534 assist, and advocate on behalf of victims of domestic violence;
1535 (b) train volunteers to provide clerical assistance to [
1536
1537 (c) coordinate the provision of volunteer services with Utah Legal Services and the
1538 Legal Aid Society; and
1539 (d) assist local government officials in establishing community based support systems
1540 for victims of domestic violence.
1541 (2) Volunteers shall provide additional nonlegal assistance to victims of domestic
1542 violence, including providing information on the location and availability of shelters and other
1543 community resources.
1544 Section 29. Section 78B-7-113 is amended to read:
1545 78B-7-113. Statewide domestic violence network -- Peace officers' duties --
1546 Prevention of abuse in absence of order -- Limitation of liability.
1547 (1) (a) (i) Law enforcement units, the Department of Public Safety, and the
1548 Administrative Office of the Courts shall utilize statewide procedures to ensure that [
1549
1550
1551 information necessary to verify the existence and terms of that order, and other orders of the
1552 court required to be made available on the network [
1553 Title 77, Chapter 36, Cohabitant Abuse Procedures Act, or Section 77-38-3. [
1554 (ii) The peace officers described in Subsection (1)(a)(i) shall use every reasonable
1555 means to enforce the court's order, in accordance with the requirements and procedures of this
1556 chapter, Title 77, Chapter 36, Cohabitant Abuse Procedures Act, and Section 77-38-3.
1557 (b) The Administrative Office of the Courts, in cooperation with the Department of
1558 Public Safety and the Criminal Investigations and Technical Services Division, established in
1559 Section 53-10-103, shall provide for a single, statewide network containing:
1560 (i) all [
1561 issued by a court of this state; and
1562 (ii) all other court orders or reports of court action that are required to be available on
1563 the network under this chapter, Title 77, Chapter 36, Cohabitant Abuse Procedures Act, and
1564 Section 77-38-3.
1565 (c) The entities described in Subsection (1)(b) may utilize the same mechanism as the
1566 statewide warrant system, described in Section 53-10-208.
1567 (d) [
1568 the Courts shall make all orders and reports required to be available on the network [
1569 available within 24 hours after court action.
1570 (ii) If the court that issued [
1571 Subsection (1)(d)(i) is not part of the state court computer system, the [
1572
1573 network within 72 hours after court action.
1574 (e) The Administrative Office of the Courts and the Department of Public Safety shall
1575 make the information contained in the network [
1576 officer, or agency upon request.
1577 (2) When any peace officer has reason to believe a cohabitant or child of a cohabitant
1578 is being abused, or that there is a substantial likelihood of immediate danger of abuse, although
1579 no civil or criminal protective order has been issued, that officer shall use all reasonable means
1580 to prevent the abuse, including:
1581 (a) remaining on the scene as long as it reasonably appears there would otherwise be
1582 danger of abuse;
1583 (b) making arrangements for the victim to obtain emergency medical treatment;
1584 (c) making arrangements for the victim to obtain emergency housing or shelter care;
1585 (d) explaining to the victim [
1586 (e) asking the victim to sign a written statement describing the incident of abuse; or
1587 (f) arresting and taking into physical custody the abuser in accordance with the
1588 provisions of Title 77, Chapter 36, Cohabitant Abuse Procedures Act.
1589 (3) No person or institution may be held criminally or civilly liable for the performance
1590 of, or failure to perform, any duty established by this chapter, so long as that person acted in
1591 good faith and without malice.
1592 Section 30. Section 78B-7-117, which is renumbered from Section 77-36-5.3 is
1593 renumbered and amended to read:
1594 [
1595 (1) As used in this section, "wireless service provider" means a provider of commercial
1596 mobile service under Section 332(d) of the Federal Telecommunications Act of 1996.
1597 (2) At or after the time that a court issues a sentencing protective order or continuous
1598 protective order under Section [
1599 abuse protective order under Section [
1600 of a wireless telephone number as provided in this section, if:
1601 (a) the perpetrator is the account holder for the wireless telephone number;
1602 (b) the number is assigned to a telephone that is primarily used by the victim or an
1603 individual who will reside with the victim during the time that the protective order or the order
1604 of protection is in effect; and
1605 (c) the victim requests transfer of the wireless telephone number.
1606 (3) An order transferring a wireless telephone number under this section shall:
1607 (a) direct a wireless service provider to transfer the rights to, and the billing
1608 responsibility for, the wireless telephone number to the victim; and
1609 (b) include the wireless telephone number to be transferred, the name of the transferee,
1610 and the name of the account holder.
1611 (4) A wireless service provider shall comply with an order issued under this section,
1612 unless compliance is not reasonably possible due to:
1613 (a) the account holder having already terminated the account;
1614 (b) differences in network technology that prevent the victim's device from functioning
1615 on the network to which the number is to be transferred;
1616 (c) geographic or other service availability constraints; or
1617 (d) other barriers outside the control of the wireless service provider.
1618 (5) A wireless service provider that fails to comply with an order issued under this
1619 section shall, within four business days after the day on which the wireless service provider
1620 receives the order, provide notice to the victim stating:
1621 (a) that the wireless service provider is not able to reasonably comply with the order;
1622 and
1623 (b) the reason that the wireless service provider is not able to reasonably comply with
1624 the order.
1625 (6) The victim has full financial responsibility for each wireless telephone number
1626 transferred to the victim by an order under this section, beginning on the day on which the
1627 wireless telephone number is transferred, including monthly service costs and costs for any
1628 mobile device associated with the wireless telephone number.
1629 (7) This section does not preclude a wireless service provider from applying standard
1630 requirements for account establishment to the victim when transferring financial responsibility
1631 under Subsection (6).
1632 (8) A wireless service provider, and any officer, employee, or agent of the wireless
1633 service provider, is not civilly liable for action taken in compliance with an order issued under
1634 this section.
1635 Section 31. Section 78B-7-118 is enacted to read:
1636 78B-7-118. Construction with Utah Rules of Civil Procedure.
1637 To the extent the provisions of this part are more specific than the Utah Rules of Civil
1638 Procedure regarding a civil protective order the provisions of this chapter govern.
1639 Section 32. Section 78B-7-119 is enacted to read:
1640 78B-7-119. Duties of law enforcement -- Enforcement.
1641 A law enforcement officer shall, without a warrant, arrest an alleged perpetrator
1642 whenever there is probable cause to believe that the alleged perpetrator has violated any of the
1643 provisions of any of the following that has been served on the alleged perpetrator:
1644 (1) an ex parte civil protective order;
1645 (2) a civil protective order;
1646 (3) an ex parte civil stalking injunction;
1647 (4) a civil stalking injunction;
1648 (5) a criminal protective order;
1649 (6) a permanent criminal stalking injunction; or
1650 (7) a foreign protective order enforceable under Part 3, Uniform Interstate Enforcement
1651 of Domestic Violence Protective Orders.
1652 Section 33. Section 78B-7-201 is amended to read:
1653 78B-7-201. Definitions.
1654 As used in this chapter:
1655 (1) "Abuse" means:
1656 (a) physical abuse;
1657 (b) sexual abuse;
1658 (c) any sexual offense described in Title 76, Chapter 5b, Part 2, Sexual Exploitation; or
1659 (d) human trafficking of a child for sexual exploitation under Section 76-5-308.5.
1660 (2) "Child abuse protective order" means an order issued under this part subsequent to
1661 a hearing on the petition.
1662 [
1663 (4) "Ex parte child abuse protective order" means an order issued without notice to the
1664 respondent, in accordance with this part.
1665 (5) "Protective order" means:
1666 (a) a child abuse protective order; or
1667 (b) an ex parte child abuse protective order.
1668 [
1669 Section 34. Section 78B-7-202 is amended to read:
1670 78B-7-202. Abuse or danger of abuse -- Child abuse protective orders -- Ex parte
1671 child abuse protective orders -- Guardian ad litem -- Referral to division.
1672 (1) (a) Any interested person may file a petition for a protective order on behalf of a
1673 child who [
1674 being [
1675 (b) Before filing a petition under Subsection (1)(a), the interested person shall make a
1676 referral to the division.
1677 (2) Upon the filing of a petition described in Subsection (1), the clerk of the court shall:
1678 (a) review the records of the juvenile court, the district court, and the management
1679 information system of the division to find any petitions, orders, or investigations related to the
1680 child or the parties to the case;
1681 (b) request the records of any law enforcement agency identified by the petitioner as
1682 having investigated abuse of the child; and
1683 (c) identify and obtain any other background information that may be of assistance to
1684 the court.
1685 [
1686
1687
1688 (3) If it appears from a petition for a protective order that the child has been or is the
1689 subject of abuse, or that the child is in imminent danger of being the subject of abuse, the court
1690 may:
1691 (a) without notice, immediately issue an ex parte child protective order against the
1692 respondent if necessary to protect the child; or
1693 (b) upon notice to the respondent, issue a child abuse protective order after a hearing.
1694 (4) The court may appoint an attorney guardian ad litem under Sections 78A-2-703 and
1695 78A-6-902.
1696 Section 35. Section 78B-7-203 is amended to read:
1697 78B-7-203. Hearings.
1698 (1) If an ex parte child protective order is granted, the court shall schedule a hearing
1699 within 20 days after the day on which the ex parte determination is made. If an ex parte child
1700 protective order is denied, the court, upon the request of the petitioner, shall schedule a hearing
1701 within 20 days after the day on which the ex parte determination is made.
1702 (2) The petition, ex parte child protective order, and notice of hearing shall be served
1703 on the respondent, the [
1704 litem. The notice shall contain:
1705 (a) the name and address of the [
1706 (b) the date, time, and place of the hearing;
1707 (c) the name of the [
1708 (d) a statement that [
1709 the hearing.
1710 (3) The court shall provide an opportunity for any person having relevant knowledge to
1711 present evidence or information[
1712 (4) An agent of the division served with a subpoena in compliance with the Utah Rules
1713 of Civil Procedure shall testify in accordance with the Utah Rules of Evidence.
1714 (5) If the court determines, based on a preponderance of the evidence, that the [
1715
1716 Subsection 78B-7-202(3) exist, the court shall [
1717 (6) With the exception of the provisions of Section 78A-6-323, a child protective order
1718 [
1719 Chapter 6, Part 3, Abuse, Neglect, and Dependency Proceedings.
1720 Section 36. Section 78B-7-204 is amended to read:
1721 78B-7-204. Child abuse protective orders -- Ex parte child abuse protective
1722 orders -- Content of order -- Modification of orders -- Penalties.
1723 (1) A child protective order or an ex parte child protective order may contain the
1724 following provisions the violation of which is a class A misdemeanor under Section
1725 [
1726 (a) enjoin the respondent from threatening to commit or committing abuse of the
1727 [
1728 (b) prohibit the respondent from harassing, telephoning, contacting, or otherwise
1729 communicating with the [
1730 (c) prohibit the respondent from entering or remaining upon the residence, school, or
1731 place of employment of the [
1732 place frequented by the [
1733 (d) upon finding that the respondent's use or possession of a weapon may pose a
1734 serious threat of harm to the [
1735 possessing a firearm or other specified weapon; and
1736 (e) determine ownership and possession of personal property and direct the appropriate
1737 law enforcement officer to attend and supervise the petitioner's or respondent's removal of
1738 personal property.
1739 (2) A child protective order or an ex parte child protective order may contain the
1740 following provisions the violation of which is contempt of court:
1741 (a) determine temporary custody of [
1742 petition;
1743 (b) determine parent-time with [
1744 including denial of parent-time if necessary to protect the safety of the [
1745 require supervision of parent-time by a third party;
1746 (c) determine support in accordance with Title 78B, Chapter 12, Utah Child Support
1747 Act; and
1748 (d) order any further relief the court considers necessary to provide for the safety and
1749 welfare of the [
1750 [
1751 [
1752
1753 [
1754
1755
1756 [
1757 (a) the date the order expires; and
1758 (b) a statement that the address provided by the petitioner will not be made available to
1759 the respondent[
1760 [
1761
1762
1763
1764
1765 (4) (a) A respondent may petition the court to modify or vacate the protective order
1766 after notice and a hearing.
1767 (b) At the hearing described in Subsection (4)(a):
1768 (i) the respondent shall have the burden of proving by clear and convincing evidence
1769 that modification or vacation of the child protective order is in the best interest of the child; and
1770 (ii) the court shall consider:
1771 (A) the nature and duration of the abuse;
1772 (B) the pain and trauma inflicted on the child as a result of the abuse;
1773 (C) if the respondent is a natural parent of the child, any reunification services
1774 provided in accordance with Title 78A, Chapter 6, Part 3, Abuse, Neglect, and Dependency
1775 Proceedings; and
1776 (D) any other evidence the court finds relevant to the determination of the child's best
1777 interests, including recommendations by the other parent or a guardian of the child, or a mental
1778 health professional.
1779 (c) The child is not required to attend the hearing described in Subsection (4)(a).
1780 Section 37. Section 78B-7-205 is amended to read:
1781 78B-7-205. Service -- Income withholding -- Expiration.
1782 (1) If the court enters an ex parte child protective order or a child protective order, the
1783 court shall:
1784 (a) make reasonable efforts to ensure that the order is understood by the petitioner and
1785 the respondent, if present;
1786 (b) as soon as possible transmit the order to the county sheriff for service; and
1787 (c) by the end of the next business day after the order is entered, transmit electronically
1788 a copy of the order to any law enforcement agency designated by the petitioner and to the
1789 statewide domestic violence network described in Section 78B-7-113.
1790 (2) The county sheriff shall serve the order and transmit verification of service to the
1791 statewide domestic violence network described in Section 78B-7-113 in an expeditious
1792 manner. Any law enforcement agency may serve the order and transmit verification of service
1793 to the statewide domestic violence network if the law enforcement agency has contact with the
1794 respondent or if service by that law enforcement agency is in the best interests of the child.
1795 (3) When an order is served on a respondent in a jail, prison, or other holding facility,
1796 the law enforcement agency managing the facility shall notify the petitioner of the respondent's
1797 release. Notice to the petitioner consists of a prompt, good faith effort to provide notice,
1798 including mailing the notice to the petitioner's last-known address.
1799 (4) Child support orders issued as part of a child protective order are subject to
1800 mandatory income withholding under Title 62A, Chapter 11, Part 4, Income Withholding in
1801 IV-D Cases, and Title 62A, Chapter 11, Part 5, Income Withholding in Non IV-D Cases.
1802 [
1803
1804
1805 [
1806
1807
1808
1809
1810 [
1811
1812 protective [
1813 years of age[
1814 whichever is later.
1815 Section 38. Section 78B-7-402 is amended to read:
1816
1817 78B-7-402. Definitions.
1818 As used in this part:
1819 [
1820 [
1821 [
1822 [
1823 [
1824
1825 [
1826 [
1827 [
1828
1829 [
1830
1831
1832 [
1833
1834 [
1835
1836 [
1837 [
1838
1839 [
1840 [
1841
1842 [
1843
1844 [
1845
1846 [
1847
1848 [
1849
1850 [
1851 [
1852
1853 [
1854
1855 [
1856 this part subsequent to a hearing on the petition[
1857 accordance with the requirements of this part.
1858 [
1859 notice to the respondent, in accordance with the requirements of this part.
1860 [
1861 (a) a dating violence protective order; or
1862 (b) an ex parte dating violence protective order.
1863 Section 39. Section 78B-7-403 is amended to read:
1864 78B-7-403. Abuse or danger of abuse -- Dating violence protective orders.
1865 (1) [
1866 subjected to, or there is a substantial likelihood the [
1867 (a) abuse by a dating partner of the [
1868 (b) dating violence by a dating partner of the [
1869 (2) [
1870 not the [
1871 (3) [
1872 the petition for a protective order if:
1873 (a) the [
1874 and
1875 (b) the other party:
1876 (i) is a family or household member of the [
1877 order; and
1878 (ii) there is a substantial likelihood the other party will be subjected to abuse by the
1879 dating partner of the [
1880 (4) [
1881 extent possible, provide information to facilitate identification of the respondent, including a
1882 name, social security number, driver license number, date of birth, address, telephone number,
1883 and physical description.
1884 (5) A petition seeking a protective order under this part may not be withdrawn without
1885 written order of the court.
1886 (6) (a) [
1887 partner[
1888 under this part.
1889 (b) [
1890
1891
1892 individual under Part 6, Cohabitant Abuse Protective Orders.
1893 Section 40. Section 78B-7-404 is amended to read:
1894 78B-7-404. Dating violence protective orders -- Ex parte dating violence
1895 protective orders -- Modification of orders -- Service of process -- Duties of the court.
1896 (1) If it appears from a petition for a protective order or a petition to modify an existing
1897 protective order that a dating partner of the petitioner has abused or committed dating violence
1898 against the petitioner, the [
1899 (a) without notice, immediately issue an ex parte dating violence protective order
1900 against the dating partner or modify an existing dating protective order ex parte if necessary to
1901 protect the petitioner and all parties named in the petition; or
1902 (b) upon notice to the respondent, issue a dating violence protective order or modify a
1903 dating violence protective order after a hearing, regardless of whether the respondent appears.
1904 (2) A [
1905 protective order or a modification issued ex parte:
1906 (a) prohibit the respondent from threatening to commit or committing dating violence
1907 or abuse against the petitioner and any designated family or household member described in the
1908 protective order;
1909 (b) prohibit the respondent from telephoning, contacting, or otherwise communicating
1910 with the petitioner or any designated family or household member, directly or indirectly;
1911 (c) order that the respondent:
1912 (i) is excluded and shall stay away from the petitioner's residence and its premises;
1913 (ii) except as provided in Subsection (4), stay away from the petitioner's:
1914 (A) school and the school's premises; and
1915 (B) place of employment and its premises; and
1916 (iii) stay away from any specified place frequented by the petitioner or any designated
1917 family or household member;
1918 (d) prohibit the respondent from being within a specified distance of the petitioner; and
1919 (e) order any further relief that the court considers necessary to provide for the safety
1920 and welfare of the petitioner and any designated family or household member.
1921 (3) A court may grant the following relief in a dating violence protective order or a
1922 modification of a dating violence protective order, after notice and a hearing, regardless of
1923 whether the respondent appears:
1924 (a) the relief described in Subsection (2); and
1925 (b) except as provided in Subsection (5), upon finding that the respondent's use or
1926 possession of a weapon poses a serious threat of harm to the petitioner or any designated family
1927 or household member, prohibit the respondent from purchasing, using, or possessing a weapon
1928 specified by the court.
1929 (4) If the petitioner or [
1930 protective order attends the same school as the respondent, or is employed at the same place of
1931 employment as the respondent, the district court:
1932 (a) may not enter an order under Subsection (2)(c)(ii) that excludes the respondent
1933 from the respondent's school or place of employment; and
1934 (b) may enter an order governing the respondent's conduct at the respondent's school or
1935 place of employment.
1936 (5) The [
1937 (a) if the respondent has not been given notice of the petition for a protective order and
1938 an opportunity to be heard; and
1939 (b) unless the petition establishes:
1940 (i) by a preponderance of the evidence that the respondent has committed abuse or
1941 dating violence against the petitioner; and
1942 (ii) by clear and convincing evidence that the respondent's use or possession of a
1943 firearm poses a serious threat of harm to petitioner or the designated family or household
1944 member.
1945 [
1946
1947 [
1948 court shall:
1949 (a) as soon as possible, deliver the order to the county sheriff for service of process;
1950 (b) make reasonable efforts at the hearing to ensure that the dating violence protective
1951 order is understood by the petitioner and the respondent, if present;
1952 (c) transmit electronically, by the end of the business day after the day on which the
1953 order is issued, a copy of the dating violence protective order to the local law enforcement
1954 agency designated by the petitioner; and
1955 (d) transmit a copy of the protective order issued under this part in the same manner as
1956 described in Section 78B-7-113.
1957 [
1958 under Subsection [
1959 (i) provide expedited service for protective orders issued in accordance with this part;
1960 and
1961 (ii) after the order has been served, transmit verification of service of process to the
1962 statewide network described in Section [
1963 (b) This section does not prohibit another law enforcement agency from providing
1964 service of process if that law enforcement agency:
1965 (i) has contact with the respondent and service by that law enforcement agency is
1966 possible; or
1967 (ii) determines that, under the circumstances, providing service of process on the
1968 respondent is in the best interests of the petitioner.
1969 [
1970 facility, the law enforcement agency managing the facility shall make a reasonable effort to
1971 provide notice to the petitioner at the time the respondent is released from incarceration.
1972 [
1973 after notice and hearing, if the petitioner:
1974 (a) is personally served with notice of the hearing, as provided in the Utah Rules of
1975 Civil Procedure, and appears before the court to give specific consent to the modification or
1976 vacation of the provisions of the protective order; or
1977 (b) submits an affidavit agreeing to the modification or vacation of the provisions of
1978 the protective order.
1979 [
1980
1981 Section 41. Section 78B-7-405 is amended to read:
1982 78B-7-405. Hearings -- Expiration -- Extension.
1983 (1) (a) Within 20 days after the day on which the court issues an ex parte protective
1984 order, the [
1985 (b) If, at the hearing described in Subsection (1)(a), the [
1986 dating violence protective order, the ex parte dating protective order shall expire, unless [
1987 dating violence protective order is extended by the [
1988 20-day period may not be granted unless:
1989 (i) the petitioner is unable to be present at the hearing;
1990 (ii) the respondent has not been served; or
1991 (iii) exigent circumstances exist.
1992 (c) Under no circumstances may an ex parte dating violence protective order be
1993 extended beyond 180 days from the day on which the court issues the initial ex parte dating
1994 violence protective order.
1995 (d) If, at the hearing described in Subsection (1)(a), the [
1996 violence protective order, the ex parte dating violence protective order shall remain in effect
1997 until service of process of the dating violence protective order is completed.
1998 (e) A dating violence protective order issued after notice and a hearing shall remain in
1999 effect [
2000 (f) If the hearing on the petition is heard by a commissioner, either the petitioner or
2001 respondent may file an objection within 10 calendar days after the day on which the
2002 recommended order is entered, and the assigned judge shall hold a hearing on the objection
2003 within 20 days after the day on which the objection is filed.
2004 (2) Upon a hearing under this section, the [
2005 permitted under Section 78B-7-404, except the [
2006 described in Subsection 78B-7-404(3)(b) without providing the respondent notice and an
2007 opportunity to be heard.
2008 (3) If a [
2009 or a petition to modify a dating violence protective order ex parte, the [
2010 upon the petitioner's request:
2011 (a) set the matter for hearing within 20 days after the day on which the court denies the
2012 petition; and
2013 (b) notify and serve the respondent.
2014 (4) A dating violence protective order automatically expires as described in Subsection
2015 (1)(e), unless the petitioner files a motion before the day on which the dating violence
2016 protective order expires and demonstrates that:
2017 (a) there is a substantial likelihood the petitioner will be subjected to dating violence;
2018 or
2019 (b) the respondent committed or was convicted of a violation of the dating violence
2020 protective order that the petitioner requests be extended or dating violence after the day on
2021 which the dating violence protective order is issued.
2022 (5) (a) If the court grants the motion under Subsection (4), the court shall set a new
2023 date on which the dating violence protective order expires.
2024 (b) The dating violence protective order shall expire on the date set by the court unless
2025 the petitioner files a motion described in Subsection (4) to extend the dating violence
2026 protective order.
2027 Section 42. Section 78B-7-407 is amended to read:
2028 78B-7-407. Penalties.
2029 [
2030
2031
2032
2033 [
2034 A misdemeanor.
2035 Section 43. Section 78B-7-409 is amended to read:
2036 78B-7-409. Mutual dating violence protective orders.
2037 (1) A court may not grant a mutual order or mutual [
2038 violence protective orders to opposing parties, unless each party:
2039 (a) files an independent petition against the other for a dating violence protective order,
2040 and both petitions are served;
2041 (b) makes a showing at a due process dating violence protective order hearing of abuse
2042 or dating violence committed by the other party; and
2043 (c) demonstrates the abuse or dating violence did not occur in self-defense.
2044 (2) If the court issues mutual dating violence protective orders, the court shall include
2045 specific findings of all elements of Subsection (1) in the court order justifying the entry of the
2046 court order.
2047 [
2048
2049
2050 [
2051 [
2052 [
2053 [
2054 [
2055 [
2056
2057 [
2058 [
2059 [
2060 [
2061
2062 [
2063 (3) (a) Except as provided in Subsection (3)(b), a court may not grant a protective order
2064 to a civil petitioner who is the respondent or defendant subject to:
2065 (i) a civil protective order that is issued under:
2066 (A) this part;
2067 (B) Part 2, Child Protective Orders;
2068 (C) Part 6, Cohabitant Abuse Protective Orders;
2069 (D) Part 8, Criminal Protective Orders; or
2070 (E) Title 78A, Chapter 6, Juvenile Court Act;
2071 (ii) an ex parte civil protective order issued under Part 2, Child Protective Orders; or
2072 (iii) a foreign protection order enforceable under Part 3, Uniform Interstate
2073 Enforcement of Domestic Violence Protection Orders Act.
2074 (b) The court may issue a protective order to a civil petitioner described in Subsection
2075 (3)(a) if:
2076 (i) the court determines that the requirements of Subsection (1) are met; and
2077 (ii) (A) the same court issued the protective order against the respondent; or
2078 (B) the subsequent court determines it would be impractical for the original court to
2079 consider the matter or confers with the court that issued the protective order described in
2080 Subsection (3)(a)(i) or (ii).
2081 Section 44. Section 78B-7-502 is amended to read:
2082
2083 78B-7-502. Definitions.
2084 As used in this part:
2085 [
2086 [
2087 [
2088 notice to the respondent in accordance with the requirements of this part.
2089 [
2090 (a) a sexual violence protective order; or
2091 (b) an ex parte sexual violence protective order.
2092 [
2093 (a) any sexual offense described in Title 76, Chapter 5, Part 4, Sexual Offenses, or
2094 Title 76, Chapter 5b, Part 2, Sexual Exploitation;
2095 (b) human trafficking for forced sexual exploitation under Section 76-5-308; or
2096 (c) aggravated human trafficking for forced sexual exploitation under Section
2097 76-5-310.
2098 [
2099 hearing in accordance with the requirements of this part.
2100 Section 45. Section 78B-7-505 is amended to read:
2101 78B-7-505. Hearings -- Expiration -- Extension.
2102 (1) (a) Within 20 days after the day on which a [
2103 violence protective order, the [
2104 sexual violence protective order.
2105 (b) If, at the hearing described in Subsection (1)(a), the [
2106 sexual violence protective order, the ex parte sexual protective order expires, unless extended
2107 by the district court.
2108 (c) The [
2109 only if:
2110 (i) a party is unable to be present at the hearing for good cause, established by the
2111 party's sworn affidavit;
2112 (ii) the respondent has not been served; or
2113 (iii) exigent circumstances exist.
2114 (d) If, at the hearing described in Subsection (1)(a), the [
2115 violence protective order, the ex parte sexual violence protective order remains in effect until
2116 service of process of the sexual violence protective order is completed.
2117 (e) A sexual violence protective order remains in effect for [
2118 the day on which the [
2119 (f) If the hearing described in Subsection (1)(a) is held by a commissioner, the
2120 petitioner or respondent may file an objection within 10 calendar days after the day on which
2121 the commissioner enters the recommended order, and the assigned judge shall hold a hearing
2122 on the objection within 20 days after the day on which the objection is filed.
2123 (2) If the [
2124 order or a petition to modify a sexual violence protective order ex parte, the [
2125 shall, upon the petitioner's request:
2126 (a) set the matter for hearing; and
2127 (b) notify and serve the respondent.
2128 (3) (a) A sexual violence protective order automatically expires under Subsection
2129 (1)(e) unless[
2130 protective order expires requesting an extension of the sexual violence protective order[
2131 demonstrates that:
2132 (i) there is a substantial likelihood the petitioner will be subjected to sexual violence;
2133 or
2134 (ii) the respondent committed or was convicted of a violation of the sexual violence
2135 protective order that the petitioner requests be extended or a sexual violence offense after the
2136 day on which the sexual violence protective order is issued.
2137 [
2138
2139
2140 (b) (i) If the [
2141 violence protective order expires under Subsection (1)(e).
2142 (ii) If the [
2143 court shall set a new date on which the sexual violence protective order expires.
2144 (iii) A sexual violence protective order that is extended under this Subsection (3), may
2145 not be extended for more than [
2146 order for extension.
2147 [
2148 (c) After the day on which the [
2149 protective order, the [
2150 (4) Nothing in this part prohibits a petitioner from seeking another protective order
2151 after the day on which the petitioner's protective order expires.
2152 Section 46. Section 78B-7-508 is amended to read:
2153 78B-7-508. Penalties.
2154 [
2155
2156
2157
2158 [
2159 misdemeanor.
2160 [
2161 Part 5, Falsification in Official Matters, for knowingly falsifying any statement or information
2162 provided for the purpose of obtaining a protective order.
2163 Section 47. Section 78B-7-601 is enacted to read:
2164
2165 78B-7-601. Definitions.
2166 As used in this part:
2167 (1) "Cohabitant abuse protective order" means an order issued after notice and a
2168 hearing in accordance with this part.
2169 (2) "Ex parte cohabitant abuse protective order" means an order issued without notice
2170 to the respondent in accordance with the requirements of this part.
2171 (3) "Protective order" means:
2172 (a) a cohabitant abuse protective order; or
2173 (b) an ex parte cohabitant abuse protective order.
2174 Section 48. Section 78B-7-602, which is renumbered from Section 78B-7-103 is
2175 renumbered and amended to read:
2176 [
2177 protective orders.
2178 (1) Any cohabitant who has been subjected to abuse or domestic violence, or to whom
2179 there is a substantial likelihood of abuse or domestic violence, may seek [
2180
2181 the cohabitant has left the residence or the premises in an effort to avoid further abuse.
2182 (2) A petition for a protective order may be filed under this [
2183 whether an action for divorce between the parties is pending.
2184 (3) A petition seeking a protective order may not be withdrawn without approval of the
2185 court.
2186 Section 49. Section 78B-7-603, which is renumbered from Section 78B-7-106 is
2187 renumbered and amended to read:
2188 [
2189 cohabitant use protective orders -- Modification of orders -- Service of process -- Duties
2190 of the court.
2191 (1) If it appears from a petition for [
2192 petition to modify [
2193 has occurred, that there is a substantial likelihood domestic violence or abuse will occur, or that
2194 a modification of [
2195 (a) without notice, immediately issue [
2196 abuse protective order or modify [
2197 court considers necessary to protect the petitioner and all parties named to be protected in the
2198 petition; or
2199 (b) upon notice, issue [
2200 after a hearing, regardless of whether the respondent appears.
2201 (2) A court may grant the following relief without notice in [
2202 protective order or a modification issued ex parte:
2203 (a) enjoin the respondent from threatening to commit domestic violence or abuse,
2204 committing domestic violence or abuse, or harassing the petitioner or any designated family or
2205 household member;
2206 (b) prohibit the respondent from telephoning, contacting, or otherwise communicating
2207 with the petitioner or any designated family or household member, directly or indirectly, with
2208 the exception of any parent-time provisions in the ex parte order;
2209 (c) subject to Subsection (2)(e), prohibit the respondent from being within a specified
2210 distance of the petitioner;
2211 (d) subject to Subsection (2)(e), order that the respondent is excluded from and is to
2212 stay away from the following places and their premises:
2213 (i) the petitioner's residence or any designated family or household member's residence;
2214 (ii) the petitioner's school or any designated family or household member's school;
2215 (iii) the petitioner's or any designated family or household member's place of
2216 employment;
2217 (iv) the petitioner's place of worship or any designated family or household member's
2218 place of worship; or
2219 (v) any specified place frequented by the petitioner or any designated family or
2220 household member;
2221 (e) if the petitioner or designated family or household member attends the same school
2222 as the respondent, is employed at the same place of employment as the respondent, or attends
2223 the same place of worship, the court:
2224 (i) may not enter an order under Subsection (2)(c) or (d) that excludes the respondent
2225 from the respondent's school, place of employment, or place of worship; and
2226 (ii) may enter an order governing the respondent's conduct at the respondent's school,
2227 place of employment, or place of worship;
2228 (f) upon finding that the respondent's use or possession of a weapon may pose a serious
2229 threat of harm to the petitioner, prohibit the respondent from purchasing, using, or possessing a
2230 firearm or other weapon specified by the court;
2231 (g) order possession and use of an automobile and other essential personal effects, and
2232 direct the appropriate law enforcement officer to accompany the petitioner to the residence of
2233 the parties to ensure that the petitioner is safely restored to possession of the residence,
2234 automobile, and other essential personal effects, or to supervise the petitioner's or respondent's
2235 removal of personal belongings;
2236 (h) order the respondent to maintain an existing wireless telephone contract or account;
2237 (i) grant to the petitioner or someone other than the respondent temporary custody of a
2238 minor child of the parties;
2239 (j) order the appointment of an attorney guardian ad litem under Sections 78A-2-703
2240 and 78A-6-902;
2241 (k) order any further relief that the court considers necessary to provide for the safety
2242 and welfare of the petitioner and any designated family or household member; and
2243 (l) if the petition requests child support or spousal support, at the hearing on the
2244 petition order both parties to provide verification of current income, including year-to-date pay
2245 stubs or employer statements of year-to-date or other period of earnings, as specified by the
2246 court, and complete copies of tax returns from at least the most recent year.
2247 (3) A court may grant the following relief in [
2248 or a modification of an order after notice and hearing, regardless of whether the respondent
2249 appears:
2250 (a) grant the relief described in Subsection (2); and
2251 (b) specify arrangements for parent-time of any minor child by the respondent and
2252 require supervision of that parent-time by a third party or deny parent-time if necessary to
2253 protect the safety of the petitioner or child.
2254 (4) In addition to the relief granted under Subsection (3), the court may order the
2255 transfer of a wireless telephone number in accordance with Section [
2256 (5) Following the protective order hearing, the court shall:
2257 (a) as soon as possible, deliver the order to the county sheriff for service of process;
2258 (b) make reasonable efforts to ensure that the [
2259 understood by the petitioner, and the respondent, if present;
2260 (c) transmit electronically, by the end of the next business day after the order is issued,
2261 a copy of the [
2262 agencies designated by the petitioner;
2263 (d) transmit a copy of the order to the statewide domestic violence network described
2264 in Section 78B-7-113; and
2265 (e) if the individual is a respondent or defendant subject to a court order that meets the
2266 qualifications outlined in 18 U.S.C. Sec. 922(g)(8), transmit within 48 hours, excluding
2267 Saturdays, Sundays, and legal holidays, a record of the order to the Bureau of Criminal
2268 Identification that includes:
2269 (i) an agency record identifier;
2270 (ii) the individual's name, sex, race, and date of birth;
2271 (iii) the issue date, conditions, and expiration date for the protective order; and
2272 (iv) if available, the individual's social security number, government issued driver
2273 license or identification number, alien registration number, government passport number, state
2274 identification number, or FBI number.
2275 (6) [
2276 the violation of which are criminal offenses, and one for provisions, the violation of which are
2277 civil violations, as follows:
2278 [
2279 Subsection (3)(a) as it refers to Subsections (2)(a) through (g); and
2280 [
2281 Subsection (3)(a) as it refers to Subsections (2)(h), (j), (k), and (l).
2282 [
2283
2284 [
2285
2286 [
2287 [
2288
2289
2290
2291 [
2292
2293
2294 [
2295 [
2296
2297 [
2298
2299 [
2300
2301 [
2302 are subject to mandatory income withholding under Title 62A, Chapter 11, Part 4, Income
2303 Withholding in IV-D Cases, and Title 62A, Chapter 11, Part 5, Income Withholding in Non
2304 IV-D Cases, except when the protective order is issued ex parte.
2305 [
2306 under Subsection (6)(a), shall provide expedited service for [
2307 orders issued in accordance with this [
2308 process, when the order has been served, to the statewide domestic violence network described
2309 in Section 78B-7-113.
2310 (b) This section does not prohibit any law enforcement agency from providing service
2311 of process if that law enforcement agency:
2312 (i) has contact with the respondent and service by that law enforcement agency is
2313 possible; or
2314 (ii) determines that under the circumstances, providing service of process on the
2315 respondent is in the best interests of the petitioner.
2316 [
2317 the law enforcement agency managing the facility shall make a reasonable effort to provide
2318 notice to the petitioner at the time the respondent is released from incarceration.
2319 (b) Notification of the petitioner shall consist of a good faith reasonable effort to
2320 provide notification, including mailing a copy of the notification to the last-known address of
2321 the victim.
2322 [
2323 any provisions in the protective order after notice and hearing, except that the criminal
2324 provisions of a protective order may not be vacated within two years of issuance unless the
2325 petitioner:
2326 (a) is personally served with notice of the hearing [
2327
2328 video conferencing, before the court and gives specific consent to the vacation of the criminal
2329 provisions of the protective order; or
2330 (b) submits a verified affidavit, stating agreement to the vacation of the criminal
2331 provisions of the protective order.
2332 [
2333 material change in circumstances.
2334 [
2335
2336 Section 50. Section 78B-7-604, which is renumbered from Section 78B-7-107 is
2337 renumbered and amended to read:
2338 [
2339 (1) (a) When a court issues an ex parte cohabitant abuse protective order the court shall
2340 set a date for a hearing on the petition to be held within 20 days after the day on which the ex
2341 parte cohabitant abuse protective order is issued.
2342 (b) If at that hearing the court does not issue a protective order, the ex parte cohabitant
2343 abuse protective order shall expire, unless [
2344 otherwise extended by the court. Extensions beyond the 20-day period may not be granted
2345 unless:
2346 (i) the petitioner is unable to be present at the hearing;
2347 (ii) the respondent has not been served;
2348 (iii) the respondent has had the opportunity to present a defense at the hearing;
2349 (iv) the respondent requests that the ex parte cohabitant abuse protective order be
2350 extended; or
2351 (v) exigent circumstances exist.
2352 (c) Under no circumstances may an ex parte cohabitant abuse protective order be
2353 extended beyond 180 days from the [
2354 initial ex parte cohabitant abuse protective order.
2355 (d) If at that hearing the court issues a cohabitant abuse protective order, the ex parte
2356 cohabitant abuse protective order remains in effect until service of process of the protective
2357 order is completed.
2358 (e) A cohabitant abuse protective order issued after notice and a hearing is effective
2359 until further order of the court.
2360 (f) If the hearing on the petition is heard by a commissioner, either the petitioner or
2361 respondent may file an objection within 10 days [
2362 recommended order and the assigned judge shall hold a hearing within 20 days [
2363 after the day on which the objection is filed.
2364 (2) Upon a hearing under this section, the court may grant any of the relief described in
2365 Section [
2366 (3) When a court denies a petition for an ex parte cohabitant abuse protective order or a
2367 petition to modify [
2368 petitioner, the court shall set the matter for hearing within 20 days after the day on which the
2369 court denied the ex parte cohabitant abuse protective order and notify the petitioner and serve
2370 the respondent.
2371 (4) A respondent who has been served with an ex parte cohabitant abuse protective
2372 order may seek to vacate the ex parte cohabitant abuse protective order [
2373
2374 day on which the hearing is set. The respondent's verified motion to vacate and a notice of
2375 hearing on that motion shall be personally served on the petitioner at least two days [
2376 before the day on which the hearing on the motion to vacate is set.
2377 Section 51. Section 78B-7-605, which is renumbered from Section 78B-7-115 is
2378 renumbered and amended to read:
2379 [
2380 [
2381
2382
2383 [
2384
2385 [
2386
2387 [
2388
2389 [
2390
2391 [
2392 [
2393 [
2394 [
2395 (1) The court may amend or dismiss a protective order issued in accordance with this
2396 part that has been in effect for at least one year if the court finds that:
2397 (a) the basis for the issuance of the protective order no longer exists;
2398 (b) the petitioner has repeatedly acted in contravention of the protective order
2399 provisions to intentionally or knowingly induce the respondent to violate the protective order;
2400 and
2401 (c) the petitioner's actions demonstrate that the petitioner no longer has a reasonable
2402 fear of the respondent[
2403 [
2404
2405
2406 [
2407 either party acted:
2408 (a) in bad faith; or
2409 (b) with intent to harass or intimidate the other party.
2410 [
2411
2412
2413 [
2414 between parties to a protective order action, the protective order shall be dismissed when the
2415 court issues a decree of divorce for the parties if:
2416 (a) the respondent files a motion to dismiss a protective order in both the divorce
2417 action and the protective order action and personally serves the petitioner; and
2418 (b) (i) the parties stipulate in writing or on the record to dismiss the protective order; or
2419 (ii) based on evidence at the divorce trial, the court determines that the petitioner no
2420 longer has a reasonable fear of future harm, abuse, or domestic violence [
2421
2422 [
2423
2424
2425
2426 [
2427
2428
2429 [
2430
2431 [
2432
2433
2434 [
2435
2436 [
2437
2438 [
2439 (a) issue an order of dismissal to be filed in the protective order action; and
2440 (b) transmit a copy of the order of dismissal to the statewide domestic violence
2441 network as described in Section 78B-7-113.
2442 [
2443 order may not be modified or dismissed except as provided in [
2444 Section 78B-7-804.
2445 Section 52. Section 78B-7-606, which is renumbered from Section 78B-7-115.5 is
2446 renumbered and amended to read:
2447 [
2448 (1) Subject to the other provisions of this section, [
2449 cohabitant abuse protective order [
2450 three years after the day on which the cohabitant abuse protective order is entered.
2451 (2) [
2452 Subsection (1), unless the petitioner files a motion before the day on which the cohabitant
2453 abuse protective order expires and demonstrates that:
2454 (a) the petitioner has a current reasonable fear of future harm, abuse, or domestic
2455 violence[
2456 (b) the respondent committed or was convicted of a cohabitant abuse protective order
2457 violation or a qualifying domestic violence offense, as defined in Section 77-36-1.1,
2458 subsequent to the issuance of the cohabitant abuse protective order.
2459 (3) (a) If the court grants the motion under Subsection (2), the court shall set a new
2460 date on which the cohabitant abuse protective order expires.
2461 (b) The cohabitant abuse protective order will expire on the date set by the court unless
2462 the petitioner files a motion described in Subsection (2) to extend the cohabitant abuse
2463 protective order.
2464 Section 53. Section 78B-7-607 is enacted to read:
2465 78B-7-607. Penalties.
2466 A violation of a protective order issued under this part is a class A misdemeanor.
2467 Section 54. Section 78B-7-608, which is renumbered from Section 78B-7-110 is
2468 renumbered and amended to read:
2469 [
2470 The court may not deny a petitioner relief requested [
2471 part solely because of a lapse of time between an act of domestic violence or abuse and the
2472 filing of the petition for [
2473 Section 55. Section 78B-7-609, which is renumbered from Section 78B-7-111 is
2474 renumbered and amended to read:
2475 [
2476 mediation.
2477 In any case brought under the provisions of this [
2478 the parties into mediation for resolution of the issues in a petition for [
2479 protective order.
2480 Section 56. Section 78B-7-701, which is renumbered from Section 77-3a-101 is
2481 renumbered and amended to read:
2482
2483 [
2484 injunction.
2485 [
2486
2487
2488
2489 [
2490 believes that [
2491 petition for a civil stalking injunction against the alleged stalker with the district court in the
2492 district in which the [
2493 occurred. A minor with [
2494
2495 minor's behalf.
2496 (b) A stalking injunction may not be obtained against a law enforcement officer,
2497 governmental investigator, or licensed private investigator, who is acting in official capacity.
2498 [
2499
2500
2501
2502 [
2503
2504 [
2505
2506 [
2507 (a) the name of the petitioner[
2508 the court for purposes of service, but, on request of the petitioner, the address may not be listed
2509 on the petition, and shall be protected and maintained in a separate document or automated
2510 database, not subject to release, disclosure, or any form of public access except as ordered by
2511 the court for good cause shown;
2512 (b) the name and address, if known, of the respondent;
2513 (c) specific events and dates of the actions constituting the alleged stalking;
2514 (d) if there is a prior court order concerning the same conduct, the name of the court in
2515 which the order was rendered; and
2516 (e) corroborating evidence of stalking, which may be in the form of a police report,
2517 affidavit, record, statement, item, letter, or any other evidence which tends to prove the
2518 allegation of stalking.
2519 [
2520 stalking has occurred, an ex parte civil stalking injunction may be issued by the court that
2521 includes any of the following:
2522 (i) respondent may be enjoined from committing stalking;
2523 (ii) respondent may be restrained from coming near the residence, place of
2524 employment, or school of the other party or specifically designated locations or persons;
2525 (iii) respondent may be restrained from contacting, directly or indirectly, the other
2526 party, including personal, written or telephone contact with the other party, the other party's
2527 employers, employees, fellow workers or others with whom communication would be likely to
2528 cause annoyance or alarm to the other party; or
2529 (iv) any other relief necessary or convenient for the protection of the petitioner and
2530 other specifically designated [
2531 (b) If the petitioner and respondent have minor children, the court shall follow the
2532 provisions of Section [
2533 custody and parent-time rights while ensuring the safety of the victim and the minor children.
2534 If the court issues a civil stalking injunction, but declines to address custody and parent-time
2535 issues, a copy of the stalking injunction shall be filed in any action in which custody and
2536 parent-time issues are being considered.
2537 [
2538 stalking injunction is served, the respondent is entitled to request, in writing, an evidentiary
2539 hearing on the civil stalking injunction.
2540 (a) A hearing requested by the respondent shall be held within 10 days [
2541
2542 reasons to continue the hearing. The hearing shall then be held at the earliest possible time.
2543 The burden is on the petitioner to show by a preponderance of the evidence that stalking of the
2544 petitioner by the respondent has occurred.
2545 (b) An ex parte civil stalking injunction issued under this section shall state on [
2546 civil stalking injunction's face:
2547 (i) that the respondent is entitled to a hearing, upon written request within 10 days [
2548
2549 (ii) the name and address of the [
2550 (iii) that if the respondent fails to request a hearing within 10 days [
2551 the day on which the ex parte civil stalking injunction is served, the ex parte civil stalking
2552 injunction is automatically modified to a civil stalking injunction without further notice to the
2553 respondent and [
2554 on which the ex parte civil stalking injunction is served; and
2555 (iv) that if the respondent requests, in writing, a hearing after the ten-day period after
2556 service, the court shall set a hearing within a reasonable time from the date requested.
2557 [
2558 burden is on the petitioner to show by a preponderance of the evidence that stalking of the
2559 petitioner by the respondent has occurred.
2560 [
2561
2562
2563
2564 [
2565 90 days [
2566 An ex parte civil stalking injunction is effective upon service. If no hearing is requested in
2567 writing by the respondent within 10 days [
2568 civil stalking injunction is served, the ex parte civil stalking injunction automatically becomes
2569 a civil stalking injunction without further notice to the respondent and expires three years [
2570
2571 [
2572 court shall set a hearing within a reasonable time from the date requested. At the hearing, the
2573 burden is on the respondent to show good cause why the civil stalking injunction should be
2574 dissolved or modified.
2575 [
2576 returned, excluding weekends and holidays, the clerk of the court from which the ex parte civil
2577 stalking injunction was issued shall enter a copy of the ex parte civil stalking injunction and
2578 proof of service or acceptance of service in the statewide network for warrants or a similar
2579 system.
2580 (a) The effectiveness of an ex parte civil stalking injunction or civil stalking injunction
2581 [
2582 injunction in the statewide system and, for enforcement purposes, a certified copy of an ex
2583 parte civil stalking injunction or civil stalking injunction is presumed to be a valid existing
2584 order of the court for a period of three years [
2585 the ex parte civil stalking injunction is served on the respondent.
2586 (b) Any changes or modifications of the ex parte civil stalking injunction are effective
2587 upon service on the respondent. The original ex parte civil stalking injunction continues in
2588 effect until service of the changed or modified civil stalking injunction on the respondent.
2589 [
2590 returned, excluding weekends and holidays, the clerk of the court shall enter a copy of the
2591 changed or modified civil stalking injunction and proof of service or acceptance of service in
2592 the statewide network for warrants or a similar system.
2593 [
2594 dissolved at any time upon application of the petitioner to the court [
2595 ex parte civil stalking injunction or civil stalking injunction.
2596 [
2597
2598
2599
2600
2601 (11) An ex parte civil stalking injunction and a civil stalking injunction shall be served
2602 by a sheriff or constable in accordance with this section.
2603 [
2604 court are in addition to any other civil and criminal remedies available. The [
2605 shall hear and decide all matters arising [
2606 [
2607 order requiring any party to pay the costs of the action, including reasonable attorney fees.
2608 [
2609
2610 does not apply to preliminary injunctions issued [
2611 marriage or legal separation.
2612 Section 57. Section 78B-7-702, which is renumbered from Section 77-3a-101.1 is
2613 renumbered and amended to read:
2614 [
2615 (1) A court may not grant a mutual order or mutual civil stalking injunction to
2616 opposing parties, unless each party:
2617 (a) files an independent petition against the other for a civil stalking injunction, and
2618 both petitions are served;
2619 (b) makes a showing at an evidentiary hearing on the civil stalking injunction that
2620 stalking has occurred by the other party; and
2621 (c) demonstrates the alleged act did not occur in self-defense.
2622 (2) If the court issues mutual civil stalking injunctions, the court shall include specific
2623 findings of all elements of Subsection (1) in the court order justifying the entry of the court
2624 orders.
2625 [
2626
2627
2628 [
2629 [
2630 [
2631
2632 [
2633 [
2634 [
2635 [
2636 [
2637 [
2638 [
2639
2640 [
2641 (3) (a) Except as provided in Subsection (3)(b), a court may not grant a protective order
2642 to a civil petitioner who is the respondent or defendant subject to:
2643 (i) a civil stalking injunction;
2644 (ii) a civil protective order that is issued under:
2645 (A) this part;
2646 (B) Part 2, Child Protective Orders;
2647 (C) Part 6, Cohabitant Abuse Protective Orders;
2648 (D) Part 8, Criminal Protective Orders; or
2649 (E) Title 78A, Chapter 6, Juvenile Court Act;
2650 (iii) an ex parte civil protective order issued under Part 2, Child Protective Orders; or
2651 (iv) a foreign protection order enforceable under Part 3, Uniform Interstate
2652 Enforcement of Domestic Violence Protection Orders Act.
2653 (b) The court may issue a protective order to a civil petitioner described in Subsection
2654 (3)(a) if:
2655 (i) the court determines that the requirements of Subsection (1) are met; and
2656 (ii) (A) the same court issued the protective order against the respondent; or
2657 (B) the subsequent court determines it would be impractical for the original court to
2658 consider the matter or confers with the court that issued the protective order described in
2659 Subsection (3)(a)(ii) or (iii).
2660 Section 58. Section 78B-7-703, which is renumbered from Section 77-3a-103 is
2661 renumbered and amended to read:
2662 [
2663 [
2664
2665
2666
2667
2668 [
2669 injunction issued [
2670 stalking [
2671 injunction. [
2672 (2) A violation of an ex parte civil stalking injunction or of a civil stalking injunction
2673 issued under this part may be enforced by a civil action initiated by the petitioner, a criminal
2674 action initiated by a prosecuting attorney, or both.
2675 Section 59. Section 78B-7-801 is enacted to read:
2676
2677 78B-7-801. Definitions.
2678 As used in this part:
2679 (1) "Jail release agreement" means a written agreement that is entered into by an
2680 arrested individual, regardless of whether the individual is booked into jail:
2681 (a) under which the arrested individual agrees to not engage in any of the following:
2682 (i) have personal contact with the alleged victim;
2683 (ii) threaten or harass the alleged victim; or
2684 (iii) knowingly enter on the premises of the alleged victim's residence or on premises
2685 temporarily occupied by the alleged victim; and
2686 (b) that specifies other conditions of release from jail or arrest.
2687 (2) "Jail release court order" means a written court order that:
2688 (a) orders an arrested individual not to engage in any of the following:
2689 (i) have personal contact with the alleged victim;
2690 (ii) threaten or harass the alleged victim; or
2691 (iii) knowingly enter on the premises of the alleged victim's residence or on premises
2692 temporarily occupied by the alleged victim; and
2693 (b) specifies other conditions of release from jail.
2694 (3) "Minor" means an unemancipated individual who is younger than 18 years of age.
2695 (4) "Offense against a child or vulnerable adult" means the commission or attempted
2696 commission of an offense described in Section 76-5-109, 76-5-109.1, 76-5-110, or 76-5-111.
2697 (5) "Qualifying offense" means:
2698 (a) domestic violence;
2699 (b) an offense against a child or vulnerable adult; or
2700 (c) the commission or attempted commission of an offense described in Title 76,
2701 Chapter 5, Part 4, Sexual Offenses.
2702 Section 60. Section 78B-7-802, which is renumbered from Section 77-20-3.5 is
2703 renumbered and amended to read:
2704 [
2705 and other offenses -- Jail release agreements -- Jail release court orders.
2706 [
2707 [
2708 [
2709
2710 [
2711 [
2712 [
2713 [
2714
2715 [
2716 [
2717 [
2718 [
2719 [
2720 [
2721
2722 [
2723 [
2724 [
2725
2726 [
2727 [
2728 [
2729 [
2730
2731 [
2732 on bail, recognizance, or otherwise, the individual may not personally contact the alleged
2733 victim.
2734 [
2735 [
2736 not be released before:
2737 (i) the matter is submitted to a magistrate in accordance with Section 77-7-23; or
2738 (ii) the individual signs a jail release agreement.
2739 (b) The arresting officer shall ensure that the information presented to the magistrate
2740 includes whether the alleged victim has made a waiver described in Subsection [
2741 (c) (i) If the magistrate determines there is probable cause to support the charge or
2742 charges of one or more qualifying offenses , the magistrate shall determine whether the arrested
2743 individual may be held without bail, in accordance with Section 77-20-1.
2744 (ii) If the magistrate determines that the arrested individual has the right to be admitted
2745 to bail, the magistrate shall determine:
2746 (A) whether any release conditions, including electronic monitoring, are necessary to
2747 protect the alleged victim; and
2748 (B) any bail that is required to guarantee the arrested [
2749 appearance in court.
2750 (d) The magistrate may not release an individual arrested for a qualifying offense
2751 unless the magistrate issues a jail release court order or the arrested individual signs a jail
2752 release agreement.
2753 [
2754 an initial appearance or to appear at the time scheduled by the magistrate within 96 hours after
2755 the time of arrest, the individual shall comply with the release conditions of a jail release
2756 agreement or jail release court order until the individual makes an initial appearance.
2757 (b) If the prosecutor has not filed charges against an individual who was arrested for a
2758 qualifying offense and who appears in court at the time scheduled by the magistrate under
2759 Subsection [
2760 (i) may, upon the motion of the prosecutor and after allowing the individual an
2761 opportunity to be heard on the motion, extend the release conditions described in the jail
2762 release court order or the jail release agreement by no more than three court days; and
2763 (ii) if the court grants the motion described in Subsection [
2764 arrested individual to appear at a time scheduled before the end of the granted extension.
2765 (c) (i) If the prosecutor determines that there is insufficient evidence to file charges
2766 before an initial appearance scheduled under Subsection [
2767 transmit a notice of declination to either the magistrate who signed the jail release court order
2768 or, if the releasing agency obtains a jail release agreement from the released arrestee, to the
2769 statewide domestic violence network described in Section 78B-7-113.
2770 (ii) A prosecutor's notice of declination transmitted under this Subsection [
2771 considered a motion to dismiss a jail release court order and a notice of expiration of a jail
2772 release agreement.
2773 [
2774 jail release agreement or jail release court order expires at midnight after the earlier of:
2775 (a) the arrested individual's initial scheduled court appearance described in Subsection
2776 [
2777 (b) the day on which the prosecutor transmits the notice of the declination under
2778 Subsection [
2779 (c) 30 days after the day on which the arrested individual is arrested.
2780 [
2781 minor may waive in writing the release conditions prohibiting:
2782 (A) personal contact with the alleged victim; or
2783 (B) knowingly entering on the premises of the alleged victim's residence or on
2784 premises temporarily occupied by the alleged victim.
2785 (ii) Upon waiver, the release conditions described in Subsection [
2786 apply to the arrested individual.
2787 (b) A court or magistrate may modify a jail release agreement or a jail release court
2788 order in writing or on the record, and only for good cause shown.
2789 [
2790 [
2791 (i) notify the arresting law enforcement agency of the release, conditions of release, and
2792 any available information concerning the location of the alleged victim;
2793 (ii) make a reasonable effort to notify the alleged victim of the release; and
2794 (iii) before releasing the arrested individual, give the arrested individual a copy of the
2795 jail release agreement or the jail release court order.
2796 (b) (i) When an individual arrested for domestic violence is released [
2797 under this section based on a jail release agreement, the releasing agency shall transmit that
2798 information to the statewide domestic violence network described in Section 78B-7-113.
2799 (ii) When an individual arrested for domestic violence is released [
2800 this section based upon a jail release court order or if a jail release agreement is modified
2801 [
2802 domestic violence network described in Section 78B-7-113.
2803 (c) This Subsection [
2804 officer or agency, and the good faith immunity provided by Section 77-36-8 is applicable.
2805 [
2806
2807
2808 [
2809
2810 [
2811
2812 [
2813
2814 [
2815 [
2816 released in accordance with this section may subsequently be held without bail if there is
2817 substantial evidence to support a new felony charge against the individual.
2818 [
2819 shall provide the alleged victim with written notice containing:
2820 (a) the release conditions described in this section, and notice that the alleged
2821 perpetrator will not be released, before appearing before the court with jurisdiction over the
2822 offense for which the alleged perpetrator was arrested, unless:
2823 (i) the alleged perpetrator enters into a jail release agreement to comply with the release
2824 conditions; or
2825 (ii) the magistrate issues a jail release order that specifies the release conditions;
2826 (b) notification of the penalties for violation of any jail release agreement or jail release
2827 court order;
2828 (c) the address of the appropriate court in the district or county in which the alleged
2829 victim resides;
2830 (d) the availability and effect of any waiver of the release conditions; and
2831 (e) information regarding the availability of and procedures for obtaining civil and
2832 criminal protective orders with or without the assistance of an attorney.
2833 [
2834 shall provide the alleged perpetrator with written notice containing:
2835 (a) notification that the alleged perpetrator may not contact the alleged victim before
2836 being released;
2837 (b) the release conditions described in this section and notice that the alleged
2838 perpetrator will not be released, before appearing before the court with jurisdiction over the
2839 offense for which the alleged perpetrator was arrested, unless:
2840 (i) the alleged perpetrator enters into a jail release agreement to comply with the release
2841 conditions; or
2842 (ii) the magistrate issues a jail release court order;
2843 (c) notification of the penalties for violation of any jail release agreement or jail release
2844 court order; and
2845 (d) notification that the alleged perpetrator is to personally appear in court on the next
2846 day the court is open for business after the day of the arrest.
2847 [
2848 part supersedes a jail release agreement or jail release court order.
2849 (b) If a court dismisses the charges for the qualifying offense that gave rise to a jail
2850 release agreement or jail release court order, the court shall dismiss the jail release agreement
2851 or jail release court order.
2852 [
2853 offense is a minor, unless the qualifying offense is domestic violence.
2854 Section 61. Section 78B-7-803 is enacted to read:
2855 78B-7-803. Pretrial protective orders.
2856 (1) (a) When a defendant is charged with a crime involving a qualifying offense, the
2857 court shall, at the time of the defendant's court appearance under Section 77-36-2.6:
2858 (i) determine the necessity of imposing a pretrial protective order or other condition of
2859 pretrial release; and
2860 (ii) state the court's findings and determination in writing.
2861 (b) In any criminal case, the court may, during any court hearing where the defendant is
2862 present, issue a pretrial protective order, pending trial.
2863 (2) A court may include any of the following provisions in a pretrial protective order:
2864 (a) an order enjoining the defendant from threatening to commit or committing acts of
2865 domestic violence or abuse against the victim and any designated family or household member;
2866 (b) an order prohibiting the defendant from harassing, telephoning, contacting, or
2867 otherwise communicating with the victim, directly or indirectly;
2868 (c) an order removing and excluding the defendant from the victim's residence and the
2869 premises of the residence;
2870 (d) an order requiring the defendant to stay away from the victim's residence, school, or
2871 place of employment, and the premises of any of these, or any specified place frequented by the
2872 victim and any designated family member;
2873 (e) an order for any other relief that the court considers necessary to protect and
2874 provide for the safety of the victim and any designated family or household member;
2875 (f) an order identifying and requiring an individual designated by the victim to
2876 communicate between the defendant and the victim if and to the extent necessary for family
2877 related matters;
2878 (g) an order requiring the defendant to participate in an electronic or other type of
2879 monitoring program; and
2880 (h) if the alleged victim and the defendant share custody of one or more minor
2881 children, an order for indirect or limited contact to temporarily facilitate parent visitation with a
2882 minor child.
2883 (3) When issuing a pretrial protective order, the court shall determine whether to allow
2884 provisions for transfer of personal property to decrease the need for contact between the parties.
2885 Section 62. Section 78B-7-804 is enacted to read:
2886 78B-7-804. Sentencing and continuous protective orders for a domestic violence
2887 offense -- Modification.
2888 (1) Before a perpetrator who has been convicted of a domestic violence offense may be
2889 placed on probation, the court shall consider the safety and protection of the victim and any
2890 member of the victim's family or household.
2891 (2) The court may condition probation or a plea in abeyance on the perpetrator's
2892 compliance with a sentencing protective order that includes:
2893 (a) an order enjoining the perpetrator from threatening to commit or committing acts of
2894 domestic violence against the victim or other family or household member;
2895 (b) an order prohibiting the perpetrator from harassing, telephoning, contacting, or
2896 otherwise communicating with the victim, directly or indirectly;
2897 (c) an order requiring the perpetrator to stay away from the victim's residence, school,
2898 place of employment, and the premises of any of these, or a specified place frequented
2899 regularly by the victim or any designated family or household member;
2900 (d) an order prohibiting the perpetrator from purchasing, using, or possessing a firearm
2901 or other specified weapon;
2902 (e) an order directing the perpetrator to surrender any weapons the perpetrator owns or
2903 possesses; and
2904 (f) an order imposing any other condition necessary to protect the victim and any other
2905 designated family or household member or to rehabilitate the perpetrator.
2906 (3) (a) Because of the serious, unique, and highly traumatic nature of domestic violence
2907 crimes, the high recidivism rate of violent offenders, and the demonstrated increased risk of
2908 continued acts of violence subsequent to the release of a perpetrator who is convicted of
2909 domestic violence, it is the finding of the Legislature that domestic violence crimes warrant the
2910 issuance of continuous protective orders under this Subsection (3) because of the need to
2911 provide ongoing protection for the victim and to be consistent with the purposes of protecting
2912 victims' rights under Title 77, Chapter 37, Victims' Rights, and Title 77, Chapter 38, Rights of
2913 Crime Victims Act, and Article I, Section 28 of the Utah Constitution.
2914 (b) If a perpetrator is convicted of a domestic violence offense resulting in a sentence
2915 of imprisonment, including jail, that is to be served after conviction, the court shall issue a
2916 continuous protective order at the time of the conviction or sentencing limiting the contact
2917 between the perpetrator and the victim unless the court determines by clear and convincing
2918 evidence that the victim does not a have a reasonable fear of future harm or abuse.
2919 (c) (i) The court shall notify the perpetrator of the right to request a hearing.
2920 (ii) If the perpetrator requests a hearing under this Subsection (3)(c), the court shall
2921 hold the hearing at the time determined by the court. The continuous protective order shall be
2922 in effect while the hearing is being scheduled and while the hearing is pending.
2923 (d) A continuous protective order is permanent in accordance with this Subsection (3)
2924 and may include:
2925 (i) an order enjoining the perpetrator from threatening to commit or committing acts of
2926 domestic violence against the victim or other family or household member;
2927 (ii) an order prohibiting the perpetrator from harassing, telephoning, contacting, or
2928 otherwise communicating with the victim, directly or indirectly;
2929 (iii) an order prohibiting the perpetrator from going to the victim's residence, school,
2930 place of employment, and the premises of any of these, or a specified place frequented
2931 regularly by the victim or any designated family or other household member;
2932 (iv) an order directing the perpetrator to pay restitution to the victim as may apply, and
2933 shall be enforced in accordance with Title 77, Chapter 38a, Crime Victims Restitution Act; and
2934 (v) any other order the court considers necessary to fully protect the victim and
2935 members of the victim's family or other household member.
2936 (4) A continuous protective order may be modified or dismissed only if the court
2937 determines by clear and convincing evidence that all requirements of Subsection (3) have been
2938 met and the victim does not have a reasonable fear of future harm or abuse.
2939 (5) In addition to the process of issuing a continuous protective order described in
2940 Subsection (3), a district court may issue a continuous protective order at any time if the victim
2941 files a petition with the court, and after notice and hearing the court finds that a continuous
2942 protective order is necessary to protect the victim.
2943 Section 63. Section 78B-7-805 is enacted to read:
2944 78B-7-805. Sentencing protective orders and continuous protective orders for an
2945 offense that is not domestic violence -- Modification.
2946 (1) For an offense that is not domestic violence, the court may consider the safety and
2947 protection of the victim and any member of the victim's family or household before placing the
2948 perpetrator on probation.
2949 (2) The court may condition probation or a plea in abeyance on the perpetrator's
2950 compliance with a sentencing protective order that includes:
2951 (a) an order enjoining the perpetrator from threatening to commit or committing acts of
2952 domestic violence against the victim or other family or household member;
2953 (b) an order prohibiting the perpetrator from harassing, telephoning, contacting, or
2954 otherwise communicating with the victim, directly or indirectly;
2955 (c) an order requiring the perpetrator to stay away from the victim's residence, school,
2956 place of employment, and the premises of any of these, or a specified place frequented
2957 regularly by the victim or any designated family or household member;
2958 (d) an order prohibiting the perpetrator from purchasing, using, or possessing a firearm
2959 or other specified weapon;
2960 (e) an order directing the perpetrator to surrender any weapons the perpetrator owns or
2961 possesses; and
2962 (f) an order imposing any other condition necessary to protect the victim and any other
2963 designated family or household member or to rehabilitate the perpetrator.
2964 (3) (a) If a perpetrator is convicted of an offense that is not domestic violence resulting
2965 in a sentence of imprisonment that is to be served after conviction, the court may issue a
2966 continuous protective order at the time of the conviction or sentencing limiting the contact
2967 between the perpetrator and the victim if the court determines by clear and convincing evidence
2968 that the victim has a reasonable fear of future harm or abuse.
2969 (b) (i) The court shall notify the perpetrator of the right to request a hearing.
2970 (ii) If the perpetrator requests a hearing under this Subsection (3), the court shall hold
2971 the hearing at the time determined by the court and the continuous protective order shall be in
2972 effect while the hearing is being scheduled and while the hearing is pending.
2973 (c) A continuous protective order is permanent in accordance with this Subsection
2974 (3)(c) and may include any order described in Subsection 78B-7-804(3)(c).
2975 (4) A continuous protective order issued under this section may be modified or
2976 dismissed only in accordance with Subsection 78B-7-804(4).
2977 (5) In addition to the process of issuing a continuous protective order described in
2978 Subsection (3)(a), a district court may issue a continuous protective order at any time in
2979 accordance with Subsection 78B-7-804(5).
2980 Section 64. Section 78B-7-806 is enacted to read:
2981 78B-7-806. Penalties.
2982 (1) (a) A violation of Subsection 78B-7-802(1) is a class B misdemeanor.
2983 (b) An individual who knowingly violates a jail release court order or jail release
2984 agreement executed under Subsection 78B-7-802(2) is guilty of:
2985 (i) a third degree felony, if the original arrest was for a felony; or
2986 (ii) a class A misdemeanor, if the original arrest was for a misdemeanor.
2987 (2) A violation of pretrial protective order issued under this part is:
2988 (a) a third degree felony, if the original arrest or subsequent charge filed is a felony; or
2989 (b) a class A misdemeanor, if the original arrest or subsequent charge filed is a
2990 misdemeanor.
2991 (3) A violation of a sentencing protective order and of a continuous protective order
2992 issued under this part is:
2993 (a) a third degree felony, if the conviction was a felony; or
2994 (b) a class A misdemeanor, if the conviction was a misdemeanor.
2995 Section 65. Section 78B-7-807 is enacted to read:
2996 78B-7-807. Notice to victims.
2997 (1) (a) The court shall provide the victim with a certified copy of any pretrial protective
2998 order that has been issued if the victim can be located with reasonable effort.
2999 (b) If the court is unable to locate the victim, the court shall provide the victim's
3000 certified copy to the prosecutor.
3001 (c) A sentencing protective order or continuous protective order issued under this part
3002 shall be in writing, and the prosecutor shall provide a certified copy of that order to the victim.
3003 (2) (a) Adult Probation and Parole, or another provider, shall immediately report to the
3004 court and notify the victim of any violation of any sentencing protective order issued under this
3005 part.
3006 (b) Notification of the victim under Subsection (2)(a) shall consist of a good faith
3007 reasonable effort to provide prompt notification, including mailing a copy of the notification to
3008 the last-known address of the victim.
3009 (3) (a) Before release of an individual who is subject to a continuous protective order
3010 issued under this part, the victim shall receive notice of the imminent release by the law
3011 enforcement agency that is releasing the individual who is subject to the continuous protective
3012 order:
3013 (i) if the victim has provided the law enforcement agency contact information; and
3014 (ii) in accordance with Section 64-13-14.7, if applicable.
3015 (b) Before release, the law enforcement agency shall notify in writing the individual
3016 being released that a violation of the continuous protective order issued at the time of
3017 conviction or sentencing continues to apply, and that a violation of the continuous protective
3018 order is punishable as described in Section 78B-7-806.
3019 (4) The court shall transmit a dismissal, termination, and expiration of a pretrial
3020 protective order, sentencing protective order, or a continuous protective order to the statewide
3021 domestic violence network described in Section 78B-7-113.
3022 Section 66. Section 78B-7-901 is enacted to read:
3023
3024 78B-7-901. Definitions.
3025 As used in this part:
3026 (1) "Conviction" means:
3027 (a) a verdict or conviction;
3028 (b) a plea of guilty or guilty and mentally ill;
3029 (c) a plea of no contest; or
3030 (d) the acceptance by the court of a plea in abeyance.
3031 (2) "Immediate family" means the same as that term is defined in Section 76-5-106.5.
3032 Section 67. Section 78B-7-902 is enacted to read:
3033 78B-7-902. Permanent criminal stalking injunction -- Modification.
3034 (1) (a) The following serve as an application for a permanent criminal stalking
3035 injunction limiting the contact between the defendant and the victim:
3036 (i) a conviction for:
3037 (A) stalking; or
3038 (B) attempt to commit stalking; or
3039 (ii) a plea to any of the offenses described in Subsection (1)(a)(i) accepted by the court
3040 and held in abeyance for a period of time.
3041 (b) (i) The district court shall issue a permanent criminal stalking injunction at the time
3042 of conviction.
3043 (ii) The court shall give the defendant notice of the right to request a hearing.
3044 (c) If the defendant requests a hearing under Subsection (1)(b), the court shall hold the
3045 hearing at the time of the conviction unless the victim requests otherwise, or for good cause.
3046 (d) If the conviction was entered in a justice court, the victim shall file a certified copy
3047 of the judgment and conviction or a certified copy of the court's order holding the plea in
3048 abeyance with the court as an application and request for a hearing for a permanent criminal
3049 stalking injunction.
3050 (2) The court shall issue a permanent criminal stalking injunction granting the
3051 following relief where appropriate:
3052 (a) an order:
3053 (i) restraining the defendant from entering the residence, property, school, or place of
3054 employment of the victim; and
3055 (ii) requiring the defendant to stay away from the victim, except as provided in
3056 Subsection (4), and to stay away from any specified place that is named in the order and is
3057 frequented regularly by the victim;
3058 (b) an order restraining the defendant from making contact with or regarding the
3059 victim, including an order forbidding the defendant from personally or through an agent
3060 initiating any communication, except as provided in Subsection (3), likely to cause annoyance
3061 or alarm to the victim, including personal, written, or telephone contact with or regarding the
3062 victim, with the victim's employers, employees, coworkers, friends, associates, or others with
3063 whom communication would be likely to cause annoyance or alarm to the victim; and
3064 (c) any other orders the court considers necessary to protect the victim and members of
3065 the victim's immediate family or household.
3066 (3) (a) If the victim and defendant have minor children together, the court may consider
3067 provisions regarding the defendant's exercise of custody and parent-time rights while ensuring
3068 the safety of the victim and any minor children.
3069 (b) If the court issues a permanent criminal stalking injunction, but declines to address
3070 custody and parent-time issues, a copy of the permanent criminal stalking injunction shall be
3071 filed in any action in which custody and parent-time issues are being considered and the court
3072 may modify the injunction to balance the parties' custody and parent-time rights.
3073 (4) Except as provided in Subsection (3), a permanent criminal stalking injunction may
3074 be modified, dissolved, or dismissed only upon application of the victim to the court which
3075 granted the injunction.
3076 Section 68. Section 78B-7-903 is enacted to read:
3077 78B-7-903. Penalties.
3078 (1) A violation of a permanent criminal stalking injunction issued under this part is a
3079 third degree felony in accordance with Subsection 76-5-106.5(7).
3080 (2) A violation of a permanent criminal stalking injunction issued under this part may
3081 be enforced in a civil action initiated by the stalking victim, a criminal action initiated by a
3082 prosecuting attorney, or both.
3083 Section 69. Section 78B-7-904 is enacted to read:
3084 78B-7-904. Notice to victims.
3085 (1) The court shall send notice of permanent criminal stalking injunctions issued under
3086 this part to the statewide warrants network or similar system, including the statewide domestic
3087 violence network described in Section 78B-7-113.
3088 (2) A permanent criminal stalking injunction issued under this part has effect
3089 statewide.
3090 Section 70. Section 78B-19-107 is amended to read:
3091 78B-19-107. Emergency orders.
3092 During a collaborative law process, a court may issue emergency orders, including
3093 protective orders in accordance with Title 78B, Chapter 7, Part [
3094 Cohabitant Abuse Protective Orders, or Part 2, Child Protective Orders, to protect the health,
3095 safety, welfare, or interest of a party or member of a party's household.
3096 Section 71. Repealer.
3097 This bill repeals:
3098 Section 77-3a-102, Fees -- Service of process.
3099 Section 78B-7-114, Authority to prosecute class A misdemeanor violations.
3100 Section 78B-7-401, Title.
3101 Section 78B-7-406, Fees -- Service of process.
3102 Section 78B-7-501, Title.
3103 Section 78B-7-507, Fees -- Forms.
3104 Section 72. Effective date.
3105 This bill takes effect on July 1, 2020.