Representative Candice B. Pierucci proposes the following substitute bill:


1     
DOMESTIC VIOLENCE MODIFICATIONS

2     
2022 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Candice B. Pierucci

5     
Senate Sponsor: Luz Escamilla

6     

7     LONG TITLE
8     General Description:
9          This bill addresses domestic violence and protective orders.
10     Highlighted Provisions:
11          This bill:
12          ▸     defines terms;
13          ▸     creates the Domestic Violence Data Task Force (task force) and describes the duties
14     of the task force;
15          ▸     includes a sunset date for the task force;
16          ▸     requires the Department of Public Safety to:
17               •     develop and distribute a form to collect data on lethality assessments used in
18     domestic violence cases from law enforcement agencies; and
19               •     staff the task force;
20          ▸     removes provisions requiring the Department of Public Safety and the State
21     Commission on Criminal and Juvenile Justice to collect certain domestic violence
22     data;
23          ▸     directs the Administrative Office of the Courts to consider certain domestic violence
24     training for judges, commissioners, and court staff;
25          ▸     provides that certain civil protective orders do not prevent the respondent from
26     communicating with the petitioner's attorney regarding the civil protective order; and
27          ▸     makes technical and conforming changes.
28     Money Appropriated in this Bill:
29          None
30     Other Special Clauses:
31          None
32     Utah Code Sections Affected:
33     AMENDS:
34          63I-1-263, as last amended by Laws of Utah 2021, Chapters 70, 72, 84, 90, 171, 196,
35     260, 280, 282, 345, 382, 401, 421 and last amended by Coordination Clause, Laws
36     of Utah 2021, Chapter 382
37          76-5-108, as last amended by Laws of Utah 2021, Chapter 262
38          78B-7-120, as enacted by Laws of Utah 2021, Chapters 180 and 180
39          78B-7-204, as last amended by Laws of Utah 2021, Chapter 262
40          78B-7-404, as last amended by Laws of Utah 2020, Chapter 142
41          78B-7-504, as last amended by Laws of Utah 2020, Chapter 142
42          78B-7-603, as last amended by Laws of Utah 2021, Chapters 159 and 262
43     ENACTS:
44          63C-25-101, Utah Code Annotated 1953
45          63C-25-201, Utah Code Annotated 1953
46          63C-25-202, Utah Code Annotated 1953
47     

48     Be it enacted by the Legislature of the state of Utah:
49          Section 1. Section 63C-25-101 is enacted to read:
50     
CHAPTER 25. DOMESTIC VIOLENCE DATA TASK FORCE

51     
Part 1. General Provisions

52          63C-25-101. Definitions.
53          As used in this part:
54          (1) "Criminal justice system victim advocate" means the same as that term is defined in
55     Section 77-38-403.
56          (2) "Cohabitant abuse protective order" means an order issued with or without notice to
57     the respondent under Title 78B, Chapter 7, Part 6, Cohabitant Abuse Protective Orders.
58          (3) "Lethality assessment" means an evidence-based assessment that is intended to
59     identify a victim of domestic violence who is at a high risk of being killed by the perpetrator.
60          (4) "Nongovernment organization victim advocate" means the same as that term is
61     defined in Section 77-38-403.
62          (5) "Task force" means the Domestic Violence Data Task Force created in Section
63     63C-25-201.
64          (6) "Victim" means an individual who is a victim of domestic violence, as defined in
65     Section 77-36-1.
66          Section 2. Section 63C-25-201 is enacted to read:
67     
Part 2. Domestic Violence Data Task Force

68          63C-25-201. Domestic Violence Data Task Force -- Creation -- Members --
69     Compensation -- Quorum -- Staff.
70          (1) There is created the Domestic Violence Data Task Force to coordinate and make
71     recommendations to the Legislature regarding the collection of domestic violence data in the
72     state.
73          (2) The task force consists of the following members:
74          (a) one member of the Senate, appointed by the president of the Senate;
75          (b) one member of the House of Representatives, appointed by the speaker of the
76     House of Representatives;
77          (c) the Commissioner of Public Safety, or the commissioner's designee;
78          (d) the executive director of the Department of Corrections, or the executive director's
79     designee;
80          (e) the chair of the Board of Pardons or Parole, or the chair's designee;
81          (f) the president of the Utah Chiefs of Police Association, or the president's designee;
82          (g) the president of the Utah Sheriffs Association, or the president's designee;
83          (h) the executive director of the State Commission on Criminal and Juvenile Justice, or
84     the director's designee;
85          (i) the director of the Division of Child and Family Services, or the director's designee;
86          (j) the program manager of the Violence and Injury Prevention Program within the
87     Department of Health, or the program manager's designee;
88          (k) the director of the Division of Indian Affairs, or the director's designee;
89          (l) one individual who represents the Administrative Office of the Courts appointed by
90     the state court administrator;
91          (m) one individual appointed jointly by the Utah League of Cities and Towns and the
92     Utah Association of Counties;
93          (n) one individual who represents the Statewide Association of Prosecutors appointed
94     by the association;
95          (o) one individual who represents the Utah Association of Criminal Defense Lawyers
96     appointed by the association; and
97          (p) the following individuals appointed jointly by the president of the Senate and the
98     speaker of the House of Representatives:
99          (i) one individual who represents a statewide domestic violence coalition, as defined in
100     45 C.F.R. Sec. 1370.2;
101          (ii) one criminal justice system advocate; and
102          (iii) one nongovernment organization victim advocate.
103          (3) The task force shall annually select one of the task force members to be the chair of
104     the task force.
105          (4) If a vacancy occurs in the membership of the task force appointed under Subsection
106     (1), the member shall be replaced in the same manner in which the original appointment was
107     made.
108          (5) (a) The salary and expenses of a task force member who is a legislator shall be paid
109     in accordance with Section 36-2-2 and Legislative Joint Rules, Title 5, Chapter 3, Legislator
110     Compensation.
111          (b) A task force member who is not a legislator:
112          (i) may not receive compensation or benefits for the member's service on the task
113     force; and
114          (ii) may receive per diem and reimbursement for travel expenses that the task force
115     member incurs as a task force member at the rates that the Division of Finance establishes
116     under:
117          (A) Sections 63A-3-106 and 63A-3-107; and
118          (B) rules that the Division of Finance makes under Sections 63A-3-106 and
119     63A-3-107.
120          (6) (a) A majority of the task force members constitutes a quorum.
121          (b) The action of a majority of a quorum constitutes an action of the task force.
122          (7) The Department of Public Safety shall provide staff support to the task force.
123          Section 3. Section 63C-25-202 is enacted to read:
124          63C-25-202. Task force duties -- Reporting.
125          (1) The task force shall:
126          (a) gather information on:
127          (i) lethality assessments conducted in the state, including:
128          (A) the type of lethality assessments used by law enforcement agencies and other
129     organizations that provide domestic violence services; and
130          (B) training and protocols implemented by law enforcement agencies and the
131     organizations described in Subsection (1)(a)(i)(A) regarding the use of lethality assessments;
132          (ii) the data collection efforts implemented by law enforcement agencies and the
133     organizations described in Subsection (1)(a)(i)(A);
134          (iii) the number of cohabitant abuse protective orders that, in the immediately
135     preceding calendar year, were:
136          (A) issued;
137          (B) amended or dismissed before the date of expiration; and
138          (C) dismissed under Subsection 78B-7-605(1); and
139          (iv) the prevalence of domestic violence in the state and the prevalence of the
140     following in domestic violence cases:
141          (A) stalking;
142          (B) strangulation;
143          (C) violence in the presence of children; and
144          (D) threats of suicide or homicide; and
145          (b) review and provide feedback on the form described in Subsection 78B-7-120(1)(d);
146          (c) develop a strategic plan to improve domestic violence data collection in the state
147     that addresses:
148          (i) coordination between state, local, and not for profit agencies to collect data on the
149     prevalence of domestic violence and domestic violence data from lethality assessments;
150          (ii) standardization of the format for collecting domestic violence and lethality
151     assessment data from state, local, and not for profit agencies within federal confidentiality
152     requirements; and
153          (iii) the need for any additional data collection requirements or efforts.
154          (2) Before November 30, 2022, the task force shall provide a written report to the Law
155     Enforcement and Criminal Justice Interim Committee describing:
156          (a) the information gathered under Subsection (1)(a); and
157          (b) the strategic plan described in Subsection (1)(b).
158          Section 4. Section 63I-1-263 is amended to read:
159          63I-1-263. Repeal dates, Titles 63A to 63N.
160          (1) In relation to the Utah Transparency Advisory Board, on January 1, 2025:
161          (a) Section 63A-16-102 is repealed;
162          (b) Section 63A-16-201 is repealed; and
163          (c) Section 63A-16-202 is repealed.
164          (2) Subsection 63A-5b-405(5), relating to prioritizing and allocating capital
165     improvement funding, is repealed July 1, 2024.
166          (3) Section 63A-5b-1003, State Facility Energy Efficiency Fund, is repealed July 1,
167     2023.
168          (4) Sections 63A-9-301 and 63A-9-302, related to the Motor Vehicle Review
169     Committee, are repealed July 1, 2023.
170          (5) Title 63C, Chapter 4a, Constitutional and Federalism Defense Act, is repealed July
171     1, 2028.
172          (6) Title 63C, Chapter 6, Utah Seismic Safety Commission, is repealed January 1,
173     2025.
174          (7) Title 63C, Chapter 12, Snake Valley Aquifer Advisory Council, is repealed July 1,
175     2024.
176          (8) Title 63C, Chapter 17, Point of the Mountain Development Commission Act, is
177     repealed July 1, 2023.
178          (9) Title 63C, Chapter 18, Behavioral Health Crisis Response Commission, is repealed
179     July 1, 2023.
180          (10) Title 63C, Chapter 23, Education and Mental Health Coordinating Council, is
181     repealed July 1, 2026.
182          (11) Title 63C, Chapter 25, Domestic Violence Data Task Force, is repealed December
183     31, 2023.
184          [(11)] (12) Title 63A, Chapter 16, Part 7, Data Security Management Council, is
185     repealed July 1, 2025.
186          [(12)] (13) Section 63G-6a-805, which creates the Purchasing from Persons with
187     Disabilities Advisory Board, is repealed July 1, 2026.
188          [(13)] (14) Title 63G, Chapter 21, Agreements to Provide State Services, is repealed
189     July 1, 2025.
190          [(14)] (15) Title 63H, Chapter 4, Heber Valley Historic Railroad Authority, is repealed
191     July 1, 2024.
192          [(15)] (16) Title 63H, Chapter 8, Utah Housing Corporation Act, is repealed July 1,
193     2026.
194          [(16)] (17) Subsection 63J-1-602.1(17), Nurse Home Visiting Restricted Account is
195     repealed July 1, 2026.
196          [(17)] (18) (a) Subsection 63J-1-602.1(61), relating to the Utah Statewide Radio
197     System Restricted Account, is repealed July 1, 2022.
198          (b) When repealing Subsection 63J-1-602.1(61), the Office of Legislative Research and
199     General Counsel shall, in addition to the office's authority under Subsection 36-12-12(3), make
200     necessary changes to subsection numbering and cross references.
201          [(18)] (19) Subsection 63J-1-602.2(5), referring to dedicated credits to the Utah
202     Marriage Commission, is repealed July 1, 2023.
203          [(19)] (20) Subsection 63J-1-602.2(6), referring to the Trip Reduction Program, is
204     repealed July 1, 2022.
205          [(20)] (21) Subsection 63J-1-602.2(24), related to the Utah Seismic Safety
206     Commission, is repealed January 1, 2025.
207          [(21)] (22) Title 63J, Chapter 4, Part 5, Resource Development Coordinating
208     Committee, is repealed July 1, 2027.
209          [(22)] (23) In relation to the advisory committee created in Subsection 63L-11-305(3),
210     on July 1, 2022:
211          (a) Subsection 63L-11-305(1)(a), which defines "advisory committee," is repealed; and
212          (b) Subsection 63L-11-305(3), which creates the advisory committee, is repealed.
213          [(23)] (24) In relation to the Utah Substance Use and Mental Health Advisory Council,
214     on January 1, 2023:
215          (a) Sections 63M-7-301, 63M-7-302, 63M-7-303, 63M-7-304, and 63M-7-306 are
216     repealed;
217          (b) Section 63M-7-305, the language that states "council" is replaced with
218     "commission";
219          (c) Subsection 63M-7-305(1) is repealed and replaced with:
220          "(1) "Commission" means the Commission on Criminal and Juvenile Justice."; and
221          (d) Subsection 63M-7-305(2) is repealed and replaced with:
222          "(2) The commission shall:
223          (a) provide ongoing oversight of the implementation, functions, and evaluation of the
224     Drug-Related Offenses Reform Act; and
225          (b) coordinate the implementation of Section 77-18-104 and related provisions in
226     Subsections 77-18-103(2)(c) and (d).".
227          [(24)] (25) The Crime Victim Reparations and Assistance Board, created in Section
228     63M-7-504, is repealed July 1, 2027.
229          [(25)] (26) Title 63M, Chapter 7, Part 6, Utah Council on Victims of Crime, is repealed
230     July 1, 2022.
231          [(26)] (27) Title 63M, Chapter 11, Utah Commission on Aging, is repealed July 1,
232     2026.
233          [(27)] (28) Title 63N, Chapter 1, Part 5, Governor's Economic Development
234     Coordinating Council, is repealed July 1, 2024.
235          [(28)] (29) Title 63N, Chapter 2, Part 2, Enterprise Zone Act, is repealed July 1, 2028.
236          [(29)] (30) Section 63N-2-512, related to the Hotel Impact Mitigation Fund, is repealed
237     July 1, 2028.
238          [(30)] (31) (a) Title 63N, Chapter 2, Part 6, Utah Small Business Jobs Act, is repealed
239     January 1, 2021.
240          (b) Section 59-9-107 regarding tax credits against premium taxes is repealed for
241     calendar years beginning on or after January 1, 2021.
242          (c) Notwithstanding Subsection [(30)] (31)(b), an entity may carry forward a tax credit
243     in accordance with Section 59-9-107 if:
244          (i) the person is entitled to a tax credit under Section 59-9-107 on or before December
245     31, 2020; and
246          (ii) the qualified equity investment that is the basis of the tax credit is certified under
247     Section 63N-2-603 on or before December 31, 2023.
248          [(31)] (32) Title 63N, Chapter 4, Part 4, Rural Employment Expansion Program, is
249     repealed July 1, 2023.
250          [(32)] (33) Title 63N, Chapter 7, Part 1, Board of Tourism Development, is repealed
251     July 1, 2025.
252          [(33)] (34) Title 63N, Chapter 9, Part 2, Outdoor Recreational Infrastructure Grant
253     Program, is repealed January 1, 2028.
254          Section 5. Section 76-5-108 is amended to read:
255          76-5-108. Protective orders restraining abuse of another -- Violation.
256          (1) Any person who is the respondent or defendant subject to a protective order, child
257     protective order, ex parte protective order, or ex parte child protective order issued under the
258     following who intentionally or knowingly violates that order after having been properly served
259     or having been present, in person or through court video conferencing, when the order was
260     issued, is guilty of a class A misdemeanor, except as a greater penalty may be provided in:
261          (a) Title 77, Chapter 36, Cohabitant Abuse Procedures Act[:];
262          [(a) Title 80, Utah Juvenile Code;]
263          (b) Title 78B, Chapter 7, Part 6, Cohabitant Abuse Protective Orders;
264          (c) Title 78B, Chapter 7, Part 8, Criminal Protective Orders; [or]
265          (d) a foreign protection order enforceable under Title 78B, Chapter 7, Part 3, Uniform
266     Interstate Enforcement of Domestic Violence Protection Orders Act[.]; or
267          (e) Title 80, Utah Juvenile Code.
268          (2) Violation of an order as described in Subsection (1) is a domestic violence offense
269     under Section 77-36-1 and subject to increased penalties in accordance with Section 77-36-1.1.
270          Section 6. Section 78B-7-120 is amended to read:
271          78B-7-120. Law enforcement training -- Domestic violence -- Lethality
272     assessments -- Forms -- Judicial education.
273          (1) The Department of Public Safety shall:
274          (a) develop training in domestic violence responses and lethality assessment protocols[,
275     which include the following] that includes information regarding:
276          [(a)] (i) recognizing the symptoms of domestic violence and trauma;
277          [(b)] (ii) an evidence-based assessment to identify victims of domestic violence who
278     may be at a high risk of being killed by a perpetrator;
279          [(c)] (iii) lethality assessment protocols and interviewing techniques, including
280     indicators of strangulation;
281          [(d)] (iv) responding to the needs and concerns of a victim of domestic violence;
282          [(e)] (v) delivering services to victims of domestic violence in a compassionate,
283     sensitive, and professional manner; and
284          [(f)] (vi) understanding cultural perceptions and common myths of domestic
285     violence[.];
286          [(2)] (b) [The department shall] develop and offer an online training course in domestic
287     violence issues to all certified law enforcement officers in the state[.];
288          [(3) Training in domestic violence issues shall be incorporated into training offered by
289     the Peace Officer Standards and Training division to all persons seeking certification as a peace
290     officer.]
291          [(4)] (c) [The department shall] develop specific training curriculums [that meet the
292     requirements of this section, including] for the trainings described in Subsections (1)(a) and (b)
293     that include:
294          [(a)] (i) information regarding response to domestic violence incidents, including
295     trauma-informed and victim-centered interview techniques;
296          [(b)] (ii) lethality assessment protocols which have been demonstrated to minimize
297     retraumatizing victims; and
298          [(c)] (iii) standards for report writing[.]; and
299          [(5) The Department of Public Safety, in partnership with the Division of Child and
300     Family Services and the Commission on Criminal and Juvenile Justice, shall work to identify
301     aggregate domestic violence data to include:]
302          [(a) lethality assessments;]
303          [(b) the prevalence of stalking;]
304          [(c) strangulation;]
305          [(d) violence in the presence of children; and]
306          [(e) threats of suicide or homicide.]
307          (d) with feedback from the Domestic Violence Data Task Force, created in Section
308     63C-25-201, develop a form to be used by a law enforcement agency to provide data regarding
309     lethality assessments performed by the law enforcement agency and disseminate the form to
310     law enforcement agencies in the state.
311          [(6) The Department of Public Safety, with support from the Commission on Criminal
312     and Juvenile Justice and the Division of Child and Family Services shall provide
313     recommendations to the Law Enforcement and Criminal Justice Interim Committee not later
314     than July 31 of each year and in the commission's annual report required by Section
315     63M-7-205.]
316          (2) The Peace Officer Standards and Training Division shall incorporate training in
317     domestic violence issues into training offered to all individuals seeking certification as a peace
318     officer.
319          (3) The Administrative Office of the Courts shall consider including the concepts in the
320     training described in Subsections (1)(a) and (b) as part of an appropriate education program for
321     judges, commissioners, and court staff.
322          Section 7. Section 78B-7-204 is amended to read:
323          78B-7-204. Content of orders -- Modification of orders -- Penalties.
324          (1) A child protective order or an ex parte child protective order may contain the
325     following provisions the violation of which is a class A misdemeanor under Section 76-5-108:
326          (a) enjoin the respondent from threatening to commit or committing abuse of the child;
327          (b) prohibit the respondent from harassing, telephoning, contacting, or otherwise
328     communicating with the child, directly or indirectly;
329          (c) prohibit the respondent from entering or remaining upon the residence, school, or
330     place of employment of the child and the premises of any of these or any specified place
331     frequented by the child;
332          (d) upon finding that the respondent's use or possession of a weapon may pose a
333     serious threat of harm to the child, prohibit the respondent from purchasing, using, or
334     possessing a firearm or other specified weapon; and
335          (e) determine ownership and possession of personal property and direct the appropriate
336     law enforcement officer to attend and supervise the petitioner's or respondent's removal of
337     personal property.
338          (2) A child protective order or an ex parte child protective order may contain the
339     following provisions the violation of which is contempt of court:
340          (a) determine temporary custody of the child who is the subject of the petition;
341          (b) determine parent-time with the child who is the subject of the petition, including
342     denial of parent-time if necessary to protect the safety of the child, and require supervision of
343     parent-time by a third party;
344          (c) determine support in accordance with Title 78B, Chapter 12, Utah Child Support
345     Act; and
346          (d) order any further relief the court considers necessary to provide for the safety and
347     welfare of the child.
348          (3) (a) An order under Subsection (1) or (2) does not prohibit the respondent from
349     communicating with the petitioner's counsel regarding the protective order.
350          (b) The petitioner's or respondent's counsel may communicate with the opposing party
351     in accordance with the Utah Rules of Professional Conduct.
352          [(3)] (4) (a) If the child who is the subject of the child protective order attends the same
353     school or place of worship as the respondent, or is employed at the same place of employment
354     as the respondent, the court:
355          (i) may not enter an order under Subsection (1)(c) that excludes the respondent from
356     the respondent's school, place of worship, or place of employment; and
357          (ii) may enter an order governing the respondent's conduct at the respondent's school,
358     place of worship, or place of employment.
359          (b) A violation of an order under Subsection [(3)] (4)(a) is contempt of court.
360          [(4)] (5) (a) A respondent may petition the court to modify or vacate a child protective
361     order after notice and a hearing.
362          (b) At the hearing described in Subsection [(4)] (5)(a):
363          (i) the respondent shall have the burden of proving by clear and convincing evidence
364     that modification or vacation of the child protective order is in the best interest of the child; and
365          (ii) the court shall consider:
366          (A) the nature and duration of the abuse;
367          (B) the pain and trauma inflicted on the child as a result of the abuse;
368          (C) if the respondent is a parent of the child, any reunification services provided in
369     accordance with Title 80, Chapter 3, Abuse, Neglect, and Dependency Proceedings; and
370          (D) any other evidence the court finds relevant to the determination of the child's best
371     interests, including recommendations by the other parent or a guardian of the child, or a mental
372     health professional.
373          (c) The child is not required to attend the hearing described in Subsection [(4)] (5)(a).
374          Section 8. Section 78B-7-404 is amended to read:
375          78B-7-404. Dating violence protective orders -- Ex parte dating violence
376     protective orders -- Modification of orders -- Service of process -- Duties of the court.
377          (1) If it appears from a petition for a protective order or a petition to modify an existing
378     protective order that a dating partner of the petitioner has abused or committed dating violence
379     against the petitioner, the court may:
380          (a) without notice, immediately issue an ex parte dating violence protective order
381     against the dating partner or modify an existing dating protective order ex parte if necessary to
382     protect the petitioner and all parties named in the petition; or
383          (b) upon notice to the respondent, issue a dating violence protective order or modify a
384     dating violence protective order after a hearing, regardless of whether the respondent appears.
385          (2) A court may grant the following relief without notice in a dating violence protective
386     order or a modification issued ex parte:
387          (a) prohibit the respondent from threatening to commit or committing dating violence
388     or abuse against the petitioner and any designated family or household member described in the
389     protective order;
390          (b) prohibit the respondent from telephoning, contacting, or otherwise communicating
391     with the petitioner or any designated family or household member, directly or indirectly;
392          (c) order that the respondent:
393          (i) is excluded and shall stay away from the petitioner's residence and its premises;
394          (ii) except as provided in Subsection (4), stay away from the petitioner's:
395          (A) school and the school's premises; and
396          (B) place of employment and its premises; and
397          (iii) stay away from any specified place frequented by the petitioner or any designated
398     family or household member;
399          (d) prohibit the respondent from being within a specified distance of the petitioner; and
400          (e) order any further relief that the court considers necessary to provide for the safety
401     and welfare of the petitioner and any designated family or household member.
402          (3) A court may grant the following relief in a dating violence protective order or a
403     modification of a dating violence protective order, after notice and a hearing, regardless of
404     whether the respondent appears:
405          (a) the relief described in Subsection (2); and
406          (b) except as provided in Subsection (5), upon finding that the respondent's use or
407     possession of a weapon poses a serious threat of harm to the petitioner or any designated family
408     or household member, prohibit the respondent from purchasing, using, or possessing a weapon
409     specified by the court.
410          (4) If the petitioner or a family or household member designated in the protective order
411     attends the same school as the respondent, or is employed at the same place of employment as
412     the respondent, the district court:
413          (a) may not enter an order under Subsection (2)(c)(ii) that excludes the respondent
414     from the respondent's school or place of employment; and
415          (b) may enter an order governing the respondent's conduct at the respondent's school or
416     place of employment.
417          (5) The court may not prohibit the respondent from possessing a firearm:
418          (a) if the respondent has not been given notice of the petition for a protective order and
419     an opportunity to be heard; and
420          (b) unless the petition establishes:
421          (i) by a preponderance of the evidence that the respondent has committed abuse or
422     dating violence against the petitioner; and
423          (ii) by clear and convincing evidence that the respondent's use or possession of a
424     firearm poses a serious threat of harm to petitioner or the designated family or household
425     member.
426          (6) After the court issues a dating violence protective order, the court shall:
427          (a) as soon as possible, deliver the order to the county sheriff for service of process;
428          (b) make reasonable efforts at the hearing to ensure that the dating violence protective
429     order is understood by the petitioner and the respondent, if present;
430          (c) transmit electronically, by the end of the business day after the day on which the
431     order is issued, a copy of the dating violence protective order to the local law enforcement
432     agency designated by the petitioner; and
433          (d) transmit a copy of the protective order issued under this part in the same manner as
434     described in Section 78B-7-113.
435          (7) (a) The county sheriff that receives the order from the court, under Subsection
436     (6)(a), shall:
437          (i) provide expedited service for protective orders issued in accordance with this part;
438     and
439          (ii) after the order has been served, transmit verification of service of process to the
440     statewide network described in Section 78B-7-113.
441          (b) This section does not prohibit another law enforcement agency from providing
442     service of process if that law enforcement agency:
443          (i) has contact with the respondent and service by that law enforcement agency is
444     possible; or
445          (ii) determines that, under the circumstances, providing service of process on the
446     respondent is in the best interests of the petitioner.
447          (8) When a protective order is served on a respondent in jail, or other holding facility,
448     the law enforcement agency managing the facility shall make a reasonable effort to provide
449     notice to the petitioner at the time the respondent is released from incarceration.
450          (9) A court may modify or vacate a protective order under this part after notice and
451     hearing, if the petitioner:
452          (a) is personally served with notice of the hearing, as provided in the Utah Rules of
453     Civil Procedure, and appears before the court to give specific consent to the modification or
454     vacation of the provisions of the protective order; or
455          (b) submits an affidavit agreeing to the modification or vacation of the provisions of
456     the protective order.
457          (10) (a) An order under this section does not prohibit the respondent from
458     communicating with the petitioner's counsel regarding the protective order.
459          (b) The petitioner's or respondent's counsel may communicate with the opposing party
460     in accordance with the Utah Rules of Professional Conduct.
461          Section 9. Section 78B-7-504 is amended to read:
462          78B-7-504. Sexual violence protective orders -- Ex parte protective orders --
463     Modification of orders.
464          (1) If it appears from a petition for a protective order or a petition to modify an existing
465     protective order that sexual violence has occurred, the district court may:
466          (a) without notice, immediately issue an ex parte sexual violence protective order
467     against the respondent or modify an existing sexual violence protective order ex parte, if
468     necessary to protect the petitioner or any party named in the petition; or
469          (b) upon notice to the respondent, issue a sexual violence protective order or modify a
470     sexual violence protective order after a hearing, regardless of whether the respondent appears.
471          (2) The district court may grant the following relief with or without notice in a
472     protective order or in a modification to a protective order:
473          (a) prohibit the respondent from threatening to commit or committing sexual violence
474     against the petitioner and a family or household member designated in the protective order;
475          (b) prohibit the respondent from telephoning, contacting, or otherwise communicating
476     with the petitioner or a family or household member designated in the protective order, directly
477     or indirectly;
478          (c) order that the respondent:
479          (i) is excluded and shall stay away from the petitioner's residence and its premises;
480          (ii) subject to Subsection (4), stay away from the petitioner's:
481          (A) school and its premises;
482          (B) place of employment and its premises; or
483          (C) place of worship and its premises; or
484          (iii) stay away from any specified place frequented by the petitioner or a family or
485     household member designated in the protective order;
486          (d) prohibit the respondent from being within a specified distance of the petitioner; or
487          (e) order any further relief that the district court considers necessary to provide for the
488     safety and welfare of the petitioner and a family or household member designated in the
489     protective order.
490          (3) The district court may grant the following relief in a sexual violence protective
491     order or a modification of a sexual violence protective order, after notice and a hearing,
492     regardless of whether the respondent appears:
493          (a) the relief described in Subsection (2); and
494          (b) subject to Subsection (5), upon finding that the respondent's use or possession of a
495     weapon poses a serious threat of harm to the petitioner or a family or household member
496     designated in the protective order, prohibit the respondent from purchasing, using, or
497     possessing a weapon specified by the district court.
498          (4) If the petitioner or a family or household member designated in the protective order
499     attends the same school as the respondent, is employed at the same place of employment as the
500     respondent, or attends the same place of worship as the respondent, the court may enter an
501     order:
502          (a) that excludes the respondent from the respondent's school, place of employment, or
503     place of worship; or
504          (b) governing the respondent's conduct at the respondent's school, place of
505     employment, or place of worship.
506          (5) The district court may not prohibit the respondent from possessing a firearm:
507          (a) if the respondent has not been given notice of the petition for a protective order and
508     an opportunity to be heard; and
509          (b) unless the petition establishes:
510          (i) by a preponderance of the evidence that the respondent committed sexual violence
511     against the petitioner; and
512          (ii) by clear and convincing evidence that the respondent's use or possession of a
513     firearm poses a serious threat of harm to the petitioner or a family or household member
514     designated in the protective order.
515          (6) After the day on which the district court issues a sexual violence protective order,
516     the district court shall:
517          (a) as soon as possible, deliver the order to the county sheriff for service of process;
518          (b) make reasonable efforts at the hearing to ensure that the petitioner and the
519     respondent, if present, understand the sexual violence protective order;
520          (c) transmit electronically, by the end of the business day after the day on which the
521     court issues the order, a copy of the sexual violence protective order to a local law enforcement
522     agency designated by the petitioner; and
523          (d) transmit a copy of the sexual violence protective order in the same manner as
524     described in Section 78B-7-113.
525          (7) (a) A respondent may request the court modify or vacate a protective order in
526     accordance with Subsection (7)(b).
527          (b) Upon a respondent's request, the district court may modify or vacate a protective
528     order after notice and a hearing, if the petitioner:
529          (i) is personally served with notice of the hearing, as provided in the Utah Rules of
530     Civil Procedure, and appears before the district court to give specific consent to the
531     modification or vacation of the provisions of the protective order; or
532          (ii) submits an affidavit agreeing to the modification or vacation of the provisions of
533     the protective order.
534          (8) (a) An order under this section does not prohibit the respondent from
535     communicating with the petitioner's counsel regarding the protective order.
536          (b) The petitioner's or respondent's counsel may communicate with the opposing party
537     in accordance with the Utah Rules of Professional Conduct.
538          Section 10. Section 78B-7-603 is amended to read:
539          78B-7-603. Cohabitant abuse protective orders -- Ex parte cohabitant abuse
540     protective orders -- Modification of orders -- Service of process -- Duties of the court.
541          (1) If it appears from a petition for a protective order or a petition to modify a
542     protective order that domestic violence or abuse has occurred, that there is a substantial
543     likelihood domestic violence or abuse will occur, or that a modification of a protective order is
544     required, a court may:
545          (a) without notice, immediately issue an ex parte cohabitant abuse protective order or
546     modify a protective order ex parte as the court considers necessary to protect the petitioner and
547     all parties named to be protected in the petition; or
548          (b) upon notice, issue a protective order or modify an order after a hearing, regardless
549     of whether the respondent appears.
550          (2) A court may grant the following relief without notice in a protective order or a
551     modification issued ex parte:
552          (a) enjoin the respondent from threatening to commit domestic violence or abuse,
553     committing domestic violence or abuse, or harassing the petitioner or any designated family or
554     household member;
555          (b) prohibit the respondent from telephoning, contacting, or otherwise communicating
556     with the petitioner or any designated family or household member, directly or indirectly, with
557     the exception of any parent-time provisions in the ex parte order;
558          (c) subject to Subsection (2)(e), prohibit the respondent from being within a specified
559     distance of the petitioner;
560          (d) subject to Subsection (2)(e), order that the respondent is excluded from and is to
561     stay away from the following places and their premises:
562          (i) the petitioner's residence or any designated family or household member's residence;
563          (ii) the petitioner's school or any designated family or household member's school;
564          (iii) the petitioner's or any designated family or household member's place of
565     employment;
566          (iv) the petitioner's place of worship or any designated family or household member's
567     place of worship; or
568          (v) any specified place frequented by the petitioner or any designated family or
569     household member;
570          (e) if the petitioner or designated family or household member attends the same school
571     as the respondent, is employed at the same place of employment as the respondent, or attends
572     the same place of worship, the court:
573          (i) may not enter an order under Subsection (2)(c) or (d) that excludes the respondent
574     from the respondent's school, place of employment, or place of worship; and
575          (ii) may enter an order governing the respondent's conduct at the respondent's school,
576     place of employment, or place of worship;
577          (f) upon finding that the respondent's use or possession of a weapon may pose a serious
578     threat of harm to the petitioner, prohibit the respondent from purchasing, using, or possessing a
579     firearm or other weapon specified by the court;
580          (g) order possession and use of an automobile and other essential personal effects, and
581     direct the appropriate law enforcement officer to accompany the petitioner to the residence of
582     the parties to ensure that the petitioner is safely restored to possession of the residence,
583     automobile, and other essential personal effects, or to supervise the petitioner's or respondent's
584     removal of personal belongings;
585          (h) order the respondent to maintain an existing wireless telephone contract or account;
586          (i) grant to the petitioner or someone other than the respondent temporary custody of a
587     minor child of the parties;
588          (j) order the appointment of an attorney guardian ad litem under Sections 78A-2-703
589     and 78A-2-803;
590          (k) order any further relief that the court considers necessary to provide for the safety
591     and welfare of the petitioner and any designated family or household member; and
592          (l) if the petition requests child support or spousal support, at the hearing on the
593     petition order both parties to provide verification of current income, including year-to-date pay
594     stubs or employer statements of year-to-date or other period of earnings, as specified by the
595     court, and complete copies of tax returns from at least the most recent year.
596          (3) A court may grant the following relief in a cohabitant abuse protective order or a
597     modification of an order after notice and hearing, regardless of whether the respondent appears:
598          (a) grant the relief described in Subsection (2); and
599          (b) specify arrangements for parent-time of any minor child by the respondent and
600     require supervision of that parent-time by a third party or deny parent-time if necessary to
601     protect the safety of the petitioner or child.
602          (4) In addition to the relief granted under Subsection (3), the court may order the
603     transfer of a wireless telephone number in accordance with Section 78B-7-117.
604          (5) Following the cohabitant abuse protective order hearing, the court shall:
605          (a) as soon as possible, deliver the order to the county sheriff for service of process;
606          (b) make reasonable efforts to ensure that the cohabitant abuse protective order is
607     understood by the petitioner, and the respondent, if present;
608          (c) transmit electronically, by the end of the next business day after the order is issued,
609     a copy of the cohabitant abuse protective order to the local law enforcement agency or agencies
610     designated by the petitioner;
611          (d) transmit a copy of the order to the statewide domestic violence network described
612     in Section 78B-7-113; and
613          (e) if the individual is a respondent or defendant subject to a court order that meets the
614     qualifications outlined in 18 U.S.C. Sec. 922(g)(8), transmit within 48 hours, excluding
615     Saturdays, Sundays, and legal holidays, a record of the order to the Bureau of Criminal
616     Identification that includes:
617          (i) an agency record identifier;
618          (ii) the individual's name, sex, race, and date of birth;
619          (iii) the issue date, conditions, and expiration date for the protective order; and
620          (iv) if available, the individual's social security number, government issued driver
621     license or identification number, alien registration number, government passport number, state
622     identification number, or FBI number.
623          (6) Each protective order shall include two separate portions, one for provisions, the
624     violation of which are criminal offenses, and one for provisions, the violation of which are civil
625     offenses, as follows:
626          (a) criminal offenses are those under Subsections (2)(a) through (g), and under
627     Subsection (3)(a) as it refers to Subsections (2)(a) through (g); and
628          (b) civil offenses are those under Subsections (2)(h) through (l), Subsection (3)(a) as it
629     refers to Subsections (2)(h) through (l), and Subsection (3)(b).
630          (7) Child support and spouse support orders issued as part of a protective order are
631     subject to mandatory income withholding under Title 62A, Chapter 11, Part 4, Income
632     Withholding in IV-D Cases, and Title 62A, Chapter 11, Part 5, Income Withholding in Non
633     IV-D Cases, except when the protective order is issued ex parte.
634          (8) (a) The county sheriff that receives the order from the court, under Subsection (5),
635     shall provide expedited service for protective orders issued in accordance with this part, and
636     shall transmit verification of service of process, when the order has been served, to the
637     statewide domestic violence network described in Section 78B-7-113.
638          (b) This section does not prohibit any law enforcement agency from providing service
639     of process if that law enforcement agency:
640          (i) has contact with the respondent and service by that law enforcement agency is
641     possible; or
642          (ii) determines that under the circumstances, providing service of process on the
643     respondent is in the best interests of the petitioner.
644          (9) (a) When an order is served on a respondent in a jail or other holding facility, the
645     law enforcement agency managing the facility shall make a reasonable effort to provide notice
646     to the petitioner at the time the respondent is released from incarceration.
647          (b) Notification of the petitioner shall consist of a good faith reasonable effort to
648     provide notification, including mailing a copy of the notification to the last-known address of
649     the victim.
650          (10) A court may modify or vacate a protective order or any provisions in the
651     protective order after notice and hearing, except that the criminal provisions of a cohabitant
652     abuse protective order may not be vacated within two years of issuance unless the petitioner:
653          (a) is personally served with notice of the hearing, as provided in the Utah Rules of
654     Civil Procedure, and the petitioner personally appears, in person or through court video
655     conferencing, before the court and gives specific consent to the vacation of the criminal
656     provisions of the cohabitant abuse protective order; or
657          (b) submits a verified affidavit, stating agreement to the vacation of the criminal
658     provisions of the cohabitant abuse protective order.
659          (11) A protective order may be modified without a showing of substantial and material
660     change in circumstances.
661          (12) A civil provision of a protective order described in Subsection (6) may be
662     dismissed or modified at any time in a divorce, parentage, custody, or guardianship proceeding
663     that is pending between the parties to the protective order action if:
664          (a) the parties stipulate in writing or on the record to dismiss or modify a civil
665     provision of the protective order; or
666          (b) the court in the divorce, parentage, custody, or guardianship proceeding finds good
667     cause to dismiss or modify the civil provision.
668          (13) (a) An order under this section does not prohibit the respondent from
669     communicating with the petitioner's counsel regarding the protective order.
670          (b) The petitioner's or respondent's counsel may communicate with the opposing party
671     in accordance with the Utah Rules of Professional Conduct.