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• 2020 General Session
• S.B. 46

S.B. 46 Domestic Violence Amendments

• Bill Text
• Status
• Hearings/Debate

Bill Sponsor: Sen. Iwamoto, Jani

Floor Sponsor: Rep. Ray, Paul

• Substitute Sponsor: Sen. Iwamoto, Jani

• Drafting Attorney: Ericka A. Evans
• Fiscal Analyst: Gary R. Syphus

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• Bill Text
  • Introduced (Currently Displayed)

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• Other Versions
  • S.B. 46
    Substitute Sponsor:
    

    • Introduced
    • Agency Perf Note

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• Related Documents
  • Fiscal Note
  • SB0046 comparison
  • Agency Perf Note

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• Information
  • Last Action: 12 Mar 2020, Senate/ filed
  • Last Location: Senate file for bills not passed

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• Similar Bills
  • Domestic Violence
  • Human Services

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• Sections Affected
  • 76-5-109.1
  • 77-36-1.1

Introduced

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S.B. 46

1st Sub.

Senator Jani Iwamoto proposes the following substitute bill:

1     DOMESTIC VIOLENCE AMENDMENTS
2     2020 GENERAL SESSION
3     STATE OF UTAH
4     Chief Sponsor: Jani Iwamoto
5     House Sponsor: Paul Ray
6     

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7     LONG TITLE
8     General Description:
9          This bill relates to the offense of commission of domestic violence in the presence of a
10     child.
11     Highlighted Provisions:
12          This bill:
13          ▸     defines terms;
14          ▸     increases the penalty for the offense of commission of domestic violence in the
15     presence of a child;
16          ▸     modifies the circumstances under which the offense of commission of domestic
17     violence in the presence of a child is subject to a penalty enhancement; and
18          ▸     makes technical changes.
19     Money Appropriated in this Bill:
20          None
21     Other Special Clauses:
22          None
23     Utah Code Sections Affected:
24     AMENDS:
25          76-5-109.1, as last amended by Laws of Utah 2009, Chapter 70

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26          77-36-1.1, as last amended by Laws of Utah 2019, Chapter 367
27     

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28     Be it enacted by the Legislature of the state of Utah:
29          Section 1. Section 76-5-109.1 is amended to read:
30          76-5-109.1. Commission of domestic violence in the presence of a child.
31          (1) As used in this section:
32          (a) "Cohabitant" has the same meaning as defined in Section 78B-7-102.
33          (b) "Domestic violence" has the same meaning as in Section 77-36-1.
34          (c) "In the presence of a child" means:
35          (i) in the physical presence of a child; or
36          (ii) having knowledge that a child is present and may see or hear an act of domestic
37     violence.
38          (2) [A person] An individual commits domestic violence in the presence of a child if
39     the [person] individual:
40          (a) commits or attempts to commit criminal homicide, as defined in Section 76-5-201,
41     against a cohabitant in the presence of a child; or
42          (b) intentionally causes serious bodily injury to a cohabitant or uses a dangerous
43     weapon, as defined in Section 76-1-601, or other means or force likely to produce death or
44     serious bodily injury against a cohabitant, in the presence of a child; or
45          (c) under circumstances not amounting to a violation of Subsection (2)(a) or (b),
46     commits an act of domestic violence in the presence of a child.
47          (3) (a) [A person] An individual who violates Subsection (2)(a) or (b) is guilty of a
48     third degree felony.
49          (b) [A person] An individual who violates Subsection (2)(c) is guilty of a class [B] A
50     misdemeanor.
51          (4) A charge under this section is separate and distinct from, and is in addition to, a
52     charge of domestic violence where the victim is the cohabitant. [Either or both charges may be
53     filed by the prosecutor.]
54          (5) [A person] An individual who commits a violation of this section when more than
55     one child is present is guilty of one offense of domestic violence in the presence of a child
56     regarding each child present when the violation occurred.

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57          Section 2. Section 77-36-1.1 is amended to read:
58          77-36-1.1. Enhancement of offense and penalty for subsequent domestic violence
59     offenses.
60          (1) As used in this section:
61          (a) "Criminal mischief offense" means commission or an attempt to commit an offense
62     under Section 76-6-106 by one cohabitant against another.
63          (b) "Domestic violence in the presence of a child offense" means commission or an
64     attempt to commit an offense under Section 76-5-109.1.
65          [(b)] (c) "Qualifying domestic violence offense" means:
66          (i) a domestic violence offense in Utah; or
67          (ii) an offense in any other state, or in any district, possession, or territory of the United
68     States, that would be a domestic violence offense under Utah law.
69          (2) An individual who is convicted of a domestic violence offense that is not a domestic
70     violence in the presence of a child offense is:
71          (a) guilty of a class B misdemeanor if:
72          (i) the domestic violence offense described in this Subsection (2) is designated by law
73     as a class C misdemeanor; and
74          (ii) (A) the domestic violence offense described in this Subsection (2) is committed
75     within 10 years after the individual is convicted of a qualifying domestic violence offense that
76     is not a criminal mischief offense; or
77          (B) the individual is convicted of the domestic violence offense described in this
78     Subsection (2) within 10 years after the individual is convicted of a qualifying domestic
79     violence offense that is not a criminal mischief offense;
80          (b) guilty of a class A misdemeanor if:
81          (i) the domestic violence offense described in this Subsection (2) is designated by law
82     as a class B misdemeanor; and
83          (ii) (A) the domestic violence offense described in this Subsection (2) is committed
84     within 10 years after the individual is convicted of a qualifying domestic violence offense that
85     is not a criminal mischief offense; or
86          (B) the individual is convicted of the domestic violence offense described in this
87     Subsection (2) within 10 years after the individual is convicted of a qualifying domestic

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88     violence offense that is not a criminal mischief offense; or
89          (c) guilty of a felony of the third degree if:
90          (i) the domestic violence offense described in this Subsection (2) is designated by law
91     as a class A misdemeanor; and
92          (ii) (A) the domestic violence offense described in this Subsection (2) is committed
93     within 10 years after the individual is convicted of a qualifying domestic violence offense that
94     is not a criminal mischief offense; or
95          (B) the individual is convicted of the domestic violence offense described in this
96     Subsection (2) within 10 years after the individual is convicted of a qualifying domestic
97     violence offense that is not a criminal mischief offense.
98          (3) An individual who is convicted of a domestic violence offense that is not a
99     domestic violence in the presence of a child offense is:
100          (a) guilty of a class B misdemeanor if:
101          (i) the domestic violence offense described in this Subsection (3) is designated by law
102     as a class C misdemeanor; and
103          (ii) (A) the domestic violence offense described in this Subsection (3) is committed
104     within five years after the individual is convicted of a criminal mischief offense; or
105          (B) the individual is convicted of the domestic violence offense described in
106          this Subsection (3) within five years after the individual is convicted of a criminal
107     mischief offense;
108          (b) guilty of a class A misdemeanor if:
109          (i) the domestic violence offense described in this Subsection (3) is designated by law
110     as a class B misdemeanor; and
111          (ii) (A) the domestic violence offense described in this Subsection (3) is committed
112     within five years after the individual is convicted of a criminal mischief offense; or
113          (B) the individual is convicted of the domestic violence offense described in
114          this Subsection (3) within five years after the individual is convicted of a criminal
115     mischief offense; or
116          (c) guilty of a third degree felony if:
117          (i) the domestic violence offense described in this Subsection (3) is designated by law
118     as a class A misdemeanor; and

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119          (ii) (A) the domestic violence offense described in this Subsection (3) is committed
120     within five years after the individual is convicted of a criminal mischief offense; or
121          (B) the individual is convicted of the domestic violence offense described in this
122     Subsection (3) within five years after the individual is convicted of a criminal mischief offense.