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6 Cosponsor:
7 Daniel W. Thatcher
8
9 LONG TITLE
10 General Description:
11 This bill addresses penalty enhancements for a domestic violence offense.
12 Highlighted Provisions:
13 This bill:
14 ▸ defines terms;
15 ▸ modifies the circumstances under which the penalty for certain domestic violence
16 offenses may be enhanced;
17 ▸ provides that an adjudication in juvenile court is not a conviction for purposes of a
18 penalty enhancement for a domestic violence offense; and
19 ▸ makes technical and conforming changes.
20 Money Appropriated in this Bill:
21 None
22 Other Special Clauses:
23 None
24 Utah Code Sections Affected:
25 AMENDS:
26 53-10-403, as last amended by Laws of Utah 2020, Chapters 142, 214, and 415
27 77-36-1.1, as last amended by Laws of Utah 2019, Chapter 367
28 77-36-1.2, as last amended by Laws of Utah 2020, Chapter 70
29
30 Be it enacted by the Legislature of the state of Utah:
31 Section 1. Section 53-10-403 is amended to read:
32 53-10-403. DNA specimen analysis -- Application to offenders, including minors.
33 (1) Sections 53-10-403.6, 53-10-404, 53-10-404.5, 53-10-405, and 53-10-406 apply to
34 any person who:
35 (a) has pled guilty to or has been convicted of any of the offenses under Subsection
36 (2)(a) or (b) on or after July 1, 2002;
37 (b) has pled guilty to or has been convicted by any other state or by the United States
38 government of an offense which if committed in this state would be punishable as one or more
39 of the offenses listed in Subsection (2)(a) or (b) on or after July 1, 2003;
40 (c) has been booked on or after January 1, 2011, through December 31, 2014, for any
41 offense under Subsection (2)(c);
42 (d) has been booked:
43 (i) by a law enforcement agency that is obtaining a DNA specimen on or after May 13,
44 2014, through December 31, 2014, under Subsection 53-10-404(4)(b) for any felony offense; or
45 (ii) on or after January 1, 2015, for any felony offense; or
46 (e) is a minor under Subsection (3).
47 (2) Offenses referred to in Subsection (1) are:
48 (a) any felony or class A misdemeanor under the Utah Code;
49 (b) any offense under Subsection (2)(a):
50 (i) for which the court enters a judgment for conviction to a lower degree of offense
51 under Section 76-3-402; or
52 (ii) regarding which the court allows the defendant to enter a plea in abeyance as
53 defined in Section 77-2a-1; or
54 (c) (i) any violent felony as defined in Section 53-10-403.5;
55 (ii) sale or use of body parts, Section 26-28-116;
56 (iii) failure to stop at an accident that resulted in death, Section 41-6a-401.5;
57 (iv) driving with any amount of a controlled substance in a person's body and causing
58 serious bodily injury or death, Subsection 58-37-8(2)(g);
59 (v) a felony violation of enticing a minor over the Internet, Section 76-4-401;
60 (vi) a felony violation of propelling a substance or object at a correctional officer, a
61 peace officer, or an employee or a volunteer, including health care providers, Section
62 76-5-102.6;
63 (vii) aggravated human trafficking and aggravated human smuggling, Section
64 76-5-310;
65 (viii) a felony violation of unlawful sexual activity with a minor, Section 76-5-401;
66 (ix) a felony violation of sexual abuse of a minor, Section 76-5-401.1;
67 (x) unlawful sexual contact with a 16 or 17-year old, Section 76-5-401.2;
68 (xi) sale of a child, Section 76-7-203;
69 (xii) aggravated escape, Subsection 76-8-309(2);
70 (xiii) a felony violation of assault on an elected official, Section 76-8-315;
71 (xiv) influencing, impeding, or retaliating against a judge or member of the Board of
72 Pardons and Parole, Section 76-8-316;
73 (xv) advocating criminal syndicalism or sabotage, Section 76-8-902;
74 (xvi) assembly for advocating criminal syndicalism or sabotage, Section 76-8-903;
75 (xvii) a felony violation of sexual battery, Section 76-9-702.1;
76 (xviii) a felony violation of lewdness involving a child, Section 76-9-702.5;
77 (xix) a felony violation of abuse or desecration of a dead human body, Section
78 76-9-704;
79 (xx) manufacture, possession, sale, or use of a weapon of mass destruction, Section
80 76-10-402;
81 (xxi) manufacture, possession, sale, or use of a hoax weapon of mass destruction,
82 Section 76-10-403;
83 (xxii) possession of a concealed firearm in the commission of a violent felony,
84 Subsection 76-10-504(4);
85 (xxiii) assault with the intent to commit bus hijacking with a dangerous weapon,
86 Subsection 76-10-1504(3);
87 (xxiv) commercial obstruction, Subsection 76-10-2402(2);
88 (xxv) a felony violation of failure to register as a sex or kidnap offender, Section
89 77-41-107;
90 (xxvi) repeat violation of a protective order, Subsection 77-36-1.1[
91 (xxvii) violation of condition for release after arrest under Section 78B-7-802 .
92 (3) A minor under Subsection (1) is a minor 14 years old or older who is adjudicated
93 by the juvenile court due to the commission of any offense described in Subsection (2), and
94 who:
95 (a) committed an offense under Subsection (2) within the jurisdiction of the juvenile
96 court on or after July 1, 2002; or
97 (b) is in the legal custody of the Division of Juvenile Justice Services on or after July 1,
98 2002 for an offense under Subsection (2).
99 Section 2. Section 77-36-1.1 is amended to read:
100 77-36-1.1. Enhancement of offense and penalty for subsequent domestic violence
101 offenses.
102 (1) As used in this section:
103 (a) (i) "Convicted" means a conviction by plea or verdict of a crime or offense.
104 (ii) "Convicted" includes:
105 (A) a plea of guilty or guilty and mentally ill;
106 (B) a plea of no contest; and
107 (C) the acceptance by the court of a plea in abeyance under Title 77, Chapter 2a, Pleas
108 in Abeyance, regardless of whether the charge is subsequently reduced or dismissed in
109 accordance with the plea in abeyance agreement.
110 (iii) "Convicted" does not include an adjudication in juvenile court.
111 [
112 offense under Section 76-6-106 by one cohabitant against another.
113 (c) "Offense against the person" means commission or attempt to commit an offense
114 under Title 76, Chapter 5, Part 1, Assault and Related Offenses, Part 2, Criminal Homicide,
115 Part 3, Kidnapping, Trafficking, and Smuggling, Part 4, Sexual Offenses, or Part 7, Genital
116 Mutilation, by one cohabitant against another.
117 [
118 (i) a domestic violence offense in Utah; or
119 (ii) an offense in any other state, or in any district, possession, or territory of the United
120 States, that would be a domestic violence offense under Utah law.
121 (2) An individual who is convicted of a domestic violence offense is[
122 class B misdemeanor if:
123 [
124 law as a class C misdemeanor; and
125 [
126 described in this Subsection (2) [
127 (i) within 10 years after the day on which the individual is convicted of a qualifying
128 domestic violence offense that is not a criminal mischief offense; or
129 [
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132 (ii) within five years after the day on which the individual is convicted of a criminal
133 mischief offense.
134 [
135 class A misdemeanor if:
136 [
137 designated by law as a class B misdemeanor; and
138 [
139 described in this Subsection [
140 (i) within 10 years after the day on which the individual is convicted of a qualifying
141 domestic violence offense that is not a criminal mischief offense; or
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145 (ii) within five years after the day on which the individual is convicted of a criminal
146 mischief offense.
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148 [
149 (a) the domestic violence offense described in this Subsection (4) is designated by law
150 as a class B misdemeanor offense against the person and the individual:
151 (i) (A) commits or is convicted of the domestic violence offense described in this
152 Subsection (4) within 10 years after the day on which the individual is convicted of a
153 qualifying domestic violence offense that is not a criminal mischief offense; and
154 (B) is convicted of another qualifying domestic violence offense that is not a criminal
155 mischief offense after the day on which the individual is convicted of the qualifying domestic
156 violence offense described in Subsection (4)(a)(i)(A) and before the day on which the
157 individual is convicted of the domestic violence offense described in this Subsection (4);
158 (ii) (A) commits or is convicted of the domestic violence offense described in this
159 Subsection (4) within five years after the day on which the individual is convicted of a criminal
160 mischief offense; and
161 (B) is convicted of another criminal mischief offense after the day on which the
162 individual is convicted of the criminal mischief offense described in Subsection (4)(a)(ii)(A)
163 and before the day on which the individual is convicted of the domestic violence offense
164 described in this Subsection (4); or
165 (iii) commits or is convicted of the domestic violence offense described in this
166 Subsection (4) within 10 years after the day on which the individual is convicted of a
167 qualifying domestic violence offense that is not a criminal mischief offense and within five
168 years after the day on which the individual is convicted of a criminal mischief offense; and
169 [
170 designated by law as a class A misdemeanor; and
171 (ii) [
172 described in this Subsection [
173 (A) within 10 years after the day on which the individual is convicted of a qualifying
174 domestic violence offense that is not a criminal mischief offense; or
175 [
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178 (B) within five years after the day on which the individual is convicted of a criminal
179 mischief offense.
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205 Section 3. Section 77-36-1.2 is amended to read:
206 77-36-1.2. Acceptance of a plea of guilty or no contest to domestic violence --
207 Restrictions.
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217 examine the criminal history of the defendant.
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219 invalid unless the prosecutor agrees to the plea:
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223 the prosecutor's agreement.