Senator Todd D. Weiler proposes the following substitute bill:


1     
WORKPLACE VIOLENCE PROTECTIVE ORDERS

2     
2021 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Todd D. Weiler

5     
House Sponsor: V. Lowry Snow

6     

7     LONG TITLE
8     General Description:
9          This bill creates a workplace violence protective order.
10     Highlighted Provisions:
11          This bill:
12          ▸     defines terms;
13          ▸     allows an employer to petition for a workplace violence protective order;
14          ▸     requires an employer to notify certain individuals when seeking a workplace
15     violence protective order;
16          ▸     establishes relief a court may include as part of a workplace violence protective
17     order;
18          ▸     requires a court to take certain action after issuing a workplace violence protective
19     order;
20          ▸     establishes circumstances under which a court may modify or vacate a workplace
21     violence protective order;
22          ▸     requires a court to set a date for a hearing within a certain time period;
23          ▸     establishes provisions related to the expiration, modification, and extension of a
24     workplace violence protective order;
25          ▸     establishes provisions related to the service of process of a workplace violence
26     protective order;

27          ▸     makes violating a workplace violence protective order a class A misdemeanor;
28          ▸     limits liability of employer under certain circumstances; and
29          ▸     limits applicability of Title 78B, Chapter 7, Part 10, Workplace Violence Protective
30     Orders.
31     Money Appropriated in this Bill:
32          None
33     Other Special Clauses:
34          None
35     Utah Code Sections Affected:
36     AMENDS:
37          78B-7-102, as last amended by Laws of Utah 2020, Chapters 142 and 287
38     ENACTS:
39          78B-7-1001, Utah Code Annotated 1953
40          78B-7-1002, Utah Code Annotated 1953
41          78B-7-1003, Utah Code Annotated 1953
42          78B-7-1004, Utah Code Annotated 1953
43          78B-7-1005, Utah Code Annotated 1953
44          78B-7-1006, Utah Code Annotated 1953
45          78B-7-1007, Utah Code Annotated 1953
46          78B-7-1008, Utah Code Annotated 1953
47          78B-7-1009, Utah Code Annotated 1953
48     

49     Be it enacted by the Legislature of the state of Utah:
50          Section 1. Section 78B-7-102 is amended to read:
51          78B-7-102. Definitions.
52          As used in this chapter:
53          (1) "Abuse" means, except as provided in Section 78B-7-201, intentionally or
54     knowingly causing or attempting to cause another individual physical harm or intentionally or
55     knowingly placing another individual in reasonable fear of imminent physical harm.
56          (2) "Affinity" means the same as that term is defined in Section 76-1-601.
57          (3) "Civil protective order" means an order issued, subsequent to a hearing on the

58     petition, of which the petitioner and respondent have been given notice, under:
59          (a) Part 2, Child Protective Orders;
60          (b) Part 4, Dating Violence Protective Orders;
61          (c) Part 5, Sexual Violence Protective Orders; [or]
62          (d) Part 6, Cohabitant Abuse Protective Orders[.]; or
63          (e) Part 10, Workplace Violence Protective Orders.
64          (4) "Civil stalking injunction" means a stalking injunction issued under Part 7, Civil
65     Stalking Injunctions.
66          (5) (a) "Cohabitant" means an emancipated individual under Section 15-2-1 or an
67     individual who is 16 years [of age] old or older who:
68          (i) is or was a spouse of the other party;
69          (ii) is or was living as if a spouse of the other party;
70          (iii) is related by blood or marriage to the other party as the individual's parent,
71     grandparent, sibling, or any other individual related to the individual by consanguinity or affinity
72     to the second degree;
73          (iv) has or had one or more children in common with the other party;
74          (v) is the biological parent of the other party's unborn child;
75          (vi) resides or has resided in the same residence as the other party; or
76          (vii) is or was in a consensual sexual relationship with the other party.
77          (b) "Cohabitant" does not include:
78          (i) the relationship of natural parent, adoptive parent, or step-parent to a minor; or
79          (ii) the relationship between natural, adoptive, step, or foster siblings who are under 18
80     years [of age] old.
81          (6) "Consanguinity" means the same as that term is defined in Section 76-1-601.
82          (7) "Criminal protective order" means an order issued under Part 8, Criminal Protective
83     Orders.
84          (8) "Criminal stalking injunction" means a stalking injunction issued under Part 9,
85     Criminal Stalking Injunctions.
86          (9) "Court clerk" means a district court clerk.
87          (10) (a) "Dating partner" means an individual who:
88          (i) (A) is an emancipated individual under Section 15-2-1 or Title 78A, Chapter 6, Part
89     8, Emancipation; or

90          (B) is 18 years [of age] old or older; and
91          (ii) is, or has been, in a dating relationship with the other party.
92          (b) "Dating partner" does not include an intimate partner.
93          (11) (a) "Dating relationship" means a social relationship of a romantic or intimate
94     nature, or a relationship which has romance or intimacy as a goal by one or both parties,
95     regardless of whether the relationship involves sexual intimacy.
96          (b) "Dating relationship" does not include casual fraternization in a business,
97     educational, or social context.
98          (c) In determining, based on a totality of the circumstances, whether a dating relationship
99     exists:
100          (i) all relevant factors shall be considered, including:
101          (A) whether the parties developed interpersonal bonding above a mere casual
102     fraternization;
103          (B) the length of the parties' relationship;
104          (C) the nature and the frequency of the parties' interactions, including communications
105     indicating that the parties intended to begin a dating relationship;
106          (D) the ongoing expectations of the parties, individual or jointly, with respect to the
107     relationship;
108          (E) whether, by statement or conduct, the parties demonstrated an affirmation of their
109     relationship to others; and
110          (F) whether other reasons exist that support or detract from a finding that a dating
111     relationship exists; and
112          (ii) it is not necessary that all, or a particular number, of the factors described in
113     Subsection (11)(c)(i) are found to support the existence of a dating relationship.
114          (12) "Domestic violence" means the same as that term is defined in Section 77-36-1.
115          (13) "Ex parte civil protective order" means an order issued without notice to the
116     respondent under:
117          (a) Part 2, Child Protective Orders;
118          (b) Part 4, Dating Violence Protective Orders;
119          (c) Part 5, Sexual Violence Protective Orders; [or]
120          (d) Part 6, Cohabitant Abuse Protective Orders[.]; or
121          (e) Part 10, Workplace Violence Protective Orders.

122          (14) "Ex parte civil stalking injunction" means a stalking injunction issued without
123     notice to the respondent under Part 7, Civil Stalking Injunctions.
124          (15) "Foreign protection order" means the same as that term is defined in Section
125     78B-7-302.
126          (16) "Intimate partner" means the same as that term is defined in 18 U.S.C. Sec. 921.
127          (17) "Law enforcement unit" or "law enforcement agency" means any public agency
128     having general police power and charged with making arrests in connection with enforcement of
129     the criminal statutes and ordinances of this state or any political subdivision.
130          (18) "Peace officer" means those individuals specified in Title 53, Chapter 13, Peace
131     Officer Classifications.
132          (19) "Qualifying domestic violence offense" means the same as that term is defined in
133     Section 77-36-1.1.
134          (20) "Respondent" means the individual against whom enforcement of a protective order
135     is sought.
136          (21) "Stalking" means the same as that term is defined in Section 76-5-106.5.
137          Section 2. Section 78B-7-1001 is enacted to read:
138     
Part 10. Workplace Violence Protective Orders

139          78B-7-1001. Definitions.
140          As used in this part:
141          (1) "Employer" means a person that:
142          (a) employs an individual in this state; or
143          (b) contracts with an independent contractor in this state.
144          (2) "Ex parte workplace violence protective order" means an order issued without
145     notice to the respondent under this part.
146          (3) "Protective order" means:
147          (a) a workplace violence protective order; or
148          (b) an ex parte workplace violence protective order.
149          (4) (a) "Worker" means an individual in the service of an employer for compensation.
150          (b) "Worker" includes an independent contractor who contracts with an employer.
151          (5) "Workplace violence" means knowingly causing or threatening to cause bodily injury
152     to, or damage to the property of, a person, if:
153          (a) the person is:

154          (i) an employer;
155          (ii) a worker performing the worker's duties as a worker; or
156          (iii) a person present at the workplace of an employer; and
157          (b) (i) the action would cause a reasonable person to feel terrorized, frightened,
158     intimidated, or harassed; or
159          (ii) the threat:
160          (A) would cause a reasonable person to fear that the threat will be carried out; and
161          (B) if carried out, would cause a reasonable person to feel terrorized, frightened,
162     intimidated, or harassed.
163          (6) "Workplace violence protective order" means an order issued under this part after a
164     hearing on the petition, of which the petitioner and respondent have been given notice.
165          Section 3. Section 78B-7-1002 is enacted to read:
166          78B-7-1002. Petition for a workplace violence protective order -- Notice to known
167     targets of workplace violence.
168          (1) An employer may seek, or authorize an agent to seek, a protective order in
169     accordance with this part, if the employer reasonably believes workplace violence has occurred
170     against the employer, a worker of the employer, or a person while the person was present at the
171     workplace of the employer.
172          (2) If an employer seeking a workplace violence protective order as described in
173     Subsection (1) has knowledge that a specific individual is the target of workplace violence, the
174     employer shall make a good faith effort to notify the individual that the employer is seeking a
175     workplace violence protective order.
176          Section 4. Section 78B-7-1003 is enacted to read:
177          78B-7-1003. Workplace violence protective orders -- Ex parte workplace violence
178     protective orders -- Modification of orders.
179          (1) If it appears from a petition for a protective order or a petition to modify an existing
180     protective order that workplace violence has occurred, the court may:
181          (a) without notice, immediately issue an ex parte workplace violence protective order
182     against the respondent or modify an existing workplace violence protective order ex parte, if
183     necessary to protect the petitioner or any party named in the petition; or
184          (b) upon notice to the respondent, issue a workplace violence protective order or
185     modify a workplace violence protective order after a hearing, regardless of whether the

186     respondent appears.
187          (2) The court may grant the following relief with or without notice in a protective order
188     or in a modification to a protective order:
189          (a) enjoin the respondent from committing workplace violence;
190          (b) enjoin the respondent from harassing the petitioner, a worker of the petitioner while
191     performing the worker's duties as a worker, or any person while the person is present at the
192     workplace of the petitioner;
193          (c) prohibit the respondent from telephoning, contacting, or otherwise communicating
194     with the petitioner, a worker of the petitioner while performing the worker's duties as a worker,
195     or any person while the person is present at the workplace of the petitioner; or
196          (d) order that the respondent is excluded and shall stay away from the petitioner's
197     workplace.
198          (3) The court may grant the following relief in a protective order or in a modification to
199     a protective order, after notice and a hearing, regardless of whether the respondent appears:
200          (a) any relief described in Subsection (2); and
201          (b) the relief described in Subsections 78B-7-404(3)(b):
202          (i) upon a finding that the respondent poses a serious threat of harm to the petitioner, a
203     worker of the petitioner while performing the worker's duties as a worker, or any other person
204     while the person is present at the workplace of the employer; and
205          (ii) subject to the conditions under Subsection 78B-7-404(5).
206          (4) After the court issues a protective order, the court shall:
207          (a) as soon as possible, deliver the order to the county sheriff for service of process;
208          (b) transmit electronically, by the end of the business day after the day on which the
209     court issues the order, a copy of the protective order to the local law enforcement agency that the
210     petitioner designates; and
211          (c) transmit a copy of the protective order in the same manner as described in Section
212     78B-7-113.
213          (5) The court may modify or vacate a protective order after notice and hearing, if the
214     petitioner:
215          (a) (i) is personally served with notice of the hearing, as provided in the Utah Rules of
216     Civil Procedure; and
217          (ii) appears before the court to give specific consent to the modification or vacation of

218     the provisions of the protective order; or
219          (b) submits an affidavit agreeing to the modification or vacation of the provisions of the
220     protective order.
221          Section 5. Section 78B-7-1004 is enacted to read:
222          78B-7-1004. Hearings -- Expiration.
223          (1) (a) A court shall set a date for a hearing on the petition to be held within 20 days
224     after the day on which the court issues an ex parte workplace violence protective order.
225          (b) If, at the hearing described in Subsection (1)(a), the court does not issue a workplace
226     violence protective order, the ex parte workplace violence protective order expires on the day
227     on which the hearing is held, unless the court extends the ex parte workplace violence protective
228     order.
229          (c) Subject to Subsection (1)(d), a court may not extend an ex parte workplace violence
230     protective order beyond 20 days after the day on which the court issues the ex parte workplace
231     violence protective order, unless:
232          (i) a party is unable to be present at the hearing for good cause, established by the
233     party's sworn affidavit;
234          (ii) the respondent has not been served; or
235          (iii) exigent circumstances exist.
236          (d) If at the hearing described in Subsection (1)(a) the court issues a workplace violence
237     protective order, the ex parte workplace violence protective order remains in effect until service
238     of process of the workplace violence protective order is completed.
239          (e) A workplace violence protective order issued after notice and a hearing remains in
240     effect for a period the court determines, not to exceed 18 months after the day on which the court
241     issues the order, unless the order is extended in accordance with Section 78B-7-1005.
242          (f) (i) If the hearing on the petition is heard by a commissioner, either the petitioner or
243     respondent may file an objection within 10 calendar days after the day on which the
244     commissioner enters the recommended order.
245          (ii) If a party files an objection as described in Subsection (1)(f)(i), the assigned judge
246     shall hold a hearing on the objection within 20 days after the day on which the party files the
247     objection.
248          (2) (a) If a court denies a petition for an ex parte workplace violence protective order or
249     a petition to modify a workplace violence protective order ex parte, the petitioner may, within

250     five days after the day on which the court denies the petition, request a hearing.
251          (b) If the petitioner requests a hearing as described in Subsection (2)(a), the court shall:
252          (i) set a hearing to be held within 20 days after the day on which the petitioner makes the
253     request; and
254          (ii) notify and serve the respondent.
255          Section 6. Section 78B-7-1005 is enacted to read:
256          78B-7-1005. Extension.
257          (1) A workplace violence protective order expires automatically, unless the petitioner:
258          (a) files a motion before the day on which the workplace violence protective order
259     expires; and
260          (b) demonstrates that:
261          (i) there is a substantial likelihood that the petitioner, a worker of the petitioner while
262     performing the worker's duties as a worker, or a person while the person is present at the
263     workplace of the petitioner will be subjected to workplace violence; or
264          (ii) the respondent committed or was convicted of a violation of the workplace
265     harassment protective order that the petitioner requests be extended.
266          (2) (a) Subject to Subsection (2)(b), if a court grants a motion described in Subsection
267     (1)(a), the court shall set a new date on which the workplace violence protective order expires.
268          (b) A court may not extend a workplace violence protective order for more than 18
269     months after the day on which the court issues the order for extension.
270          (3) After the day on which the court issues an extension of a workplace violence
271     protective order, the court shall take the action described in Subsection 78B-7-1003(5).
272          (4) Nothing in this part prohibits a petitioner from seeking another protective order after
273     the day on which the petitioner's protective order expires.
274          Section 7. Section 78B-7-1006 is enacted to read:
275          78B-7-1006. Service of process.
276          (1) The county sheriff that receives an order from a court under Subsection
277     78B-7-1003(5) or 78B-7-1005(3), shall:
278          (a) provide expedited service for the protective order; and
279          (b) after the protective order is served, transmit verification of service of process to the
280     statewide network described in Section 78B-7-113.
281          (2) This section does not prohibit another law enforcement agency from providing

282     service of process if the law enforcement agency:
283          (a) has contact with the respondent; or
284          (b) determines that, under the circumstances, providing service of process on the
285     respondent is in the best interest of the petitioner.
286          Section 8. Section 78B-7-1007 is enacted to read:
287          78B-7-1007. Penalties.
288          A violation of a protective order issued under this part is a class A misdemeanor.
289          Section 9. Section 78B-7-1008 is enacted to read:
290          78B-7-1008. Employer liability.
291          (1) An employer is immune from civil liability for:
292          (a) seeking a workplace violence protective order, if the employer acts in good faith in
293     seeking the order; or
294          (b) failing to seek a workplace violence protective order.
295          (2) An employer's action or statement made under this part:
296          (a) is not an admission of any fact; and
297          (b) may be used for purposes of impeachment.
298          Section 10. Section 78B-7-1009 is enacted to read:
299          78B-7-1009. Limitations of part.
300          Nothing in this part:
301          (1) modifies the duty of an employer to provide a safe workplace for the workers of the
302     employer and persons present at the workplace of the employer;
303          (2) prohibits a person from engaging in constitutionally protected exercise of free
304     speech, including speech involving labor disputes concerning organized labor; or
305          (3) prohibits a person from engaging in an activity that is part of a labor dispute.