This document includes Senate Committee Amendments incorporated into the bill on Thu, Feb 2, 2023 at 9:44 AM by lpoole.
Representative Candice B. Pierucci proposes the following substitute bill:


1     
DOMESTIC VIOLENCE MODIFICATIONS

2     
2023 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.
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 staff the task force;
17          ▸     removes provisions requiring the Department of Public Safety and the State
18     Commission on Criminal and Juvenile Justice to collect certain domestic violence
19     data; and
20          ▸     makes technical and conforming changes.
21     Money Appropriated in this Bill:
22          None
23     Other Special Clauses:
24          None
25     Utah Code Sections Affected:
26     AMENDS:
27          63I-1-263, as last amended by Laws of Utah 2022, Chapters 23, 34, 68, 153, 218, 236,
28     249, 274, 296, 313, 361, 362, 417, 419, 472 and last amended by Coordination
29     Clause, Laws of Utah 2022, Chapter 153
30          78B-7-120, as enacted by Laws of Utah 2021, Chapter 180
31     ENACTS:
32          63C-29-101, Utah Code Annotated 1953
33          63C-29-201, Utah Code Annotated 1953
34          63C-29-202, Utah Code Annotated 1953
35     

36     Be it enacted by the Legislature of the state of Utah:
37          Section 1. Section 63C-29-101 is enacted to read:
38     
CHAPTER 29. DOMESTIC VIOLENCE DATA TASK FORCE

39     
Part 1. General Provisions

40          63C-29-101. Definitions.
41          As used in this part:
42          (1) "Cohabitant abuse protective order" means an order issued with or without notice to
43     the respondent under Title 78B, Chapter 7, Part 6, Cohabitant Abuse Protective Orders.
44          (2) "Criminal justice system victim advocate" means the same as that term is defined in
45     Section 77-38-403.
46          (3) "Lethality assessment" means an evidence-based assessment that is intended to
47     identify a victim of domestic violence who is at a high risk of being killed by the perpetrator.
48          (4) "Nongovernment organization victim advocate" means the same as that term is
49     defined in Section 77-38-403.
50          (5) "Task force" means the Domestic Violence Data Task Force created in Section
51     63C-29-201.
52          (6) "Victim" means an individual who is a victim of domestic violence, as defined in
53     Section 77-36-1.
54          Section 2. Section 63C-29-201 is enacted to read:
55     
Part 2. Domestic Violence Data Task Force

56          63C-29-201. Domestic Violence Data Task Force -- Creation -- Members --
57     Compensation -- Quorum -- Staff.
58          (1) There is created the Domestic Violence Data Task Force to coordinate and make
59     recommendations to the Legislature regarding the collection of domestic violence data in the
60     state.
61          (2) The task force consists of the following members:
62          (a) the commissioner of public safety, or the commissioner's designee;
63          (b) the executive director of the Department of Corrections, or the executive director's
64     designee;
65          (c) the chair of the Board of Pardons and Parole, or the chair's designee;
66          (d) the president of the Utah Chiefs of Police Association, or the president's designee;
67          (e) the president of the Utah Sheriffs' Association, or the president's designee;
68          (f) the executive director of the State Commission on Criminal and Juvenile Justice, or
69     the director's designee;
70          (g) the director of the Division of Child and Family Services, or the director's designee;
71          (h) the director of the Utah Division of Indian Affairs, or the director's designee;
72          (i) the chief administrative officer of the Office of Homeless Services, or the officer's
73     designee;
74          (j) one individual who provides violence and injury prevention services within the
75     Department of Health and Human Services, appointed by the executive director of the
76     Department of Health and Human Services;
77          (k) one individual who represents the Administrative Office of the Courts appointed by
78     the state court administrator;
79          (l) one individual appointed jointly by the Utah League of Cities and Towns and the
80     Utah Association of Counties;
81          (m) one individual who represents the Statewide Association of Prosecutors appointed
82     by the association;
83          (n) one individual who represents the Utah Association of Criminal Defense Lawyers
84     appointed by the association; and
85          (o) the following individuals appointed by the commissioner of public safety, or the
86     commissioner's designee:
87          (i) one individual who represents a state domestic violence coalition, as defined in 45
88     C.F.R. Sec. 1370.2;
89          (ii) one criminal justice system advocate; and
90          (iii) one nongovernment organization victim advocate.
91          (3) The task force shall annually select one of the task force members to be the chair of
92     the task force.
93          (4) If a vacancy occurs in the membership of the task force appointed under Subsection
94     (2), the member shall be replaced in the same manner in which the original appointment was
95     made.
96          (5) A task force member:
97          (a) may not receive compensation or benefits for the member's service on the task
98     force; and
99          (b) may receive per diem and reimbursement for travel expenses that the task force
100     member incurs as a task force member at the rates that the Division of Finance establishes
101     under:
102          (i) Sections 63A-3-106 and 63A-3-107; and
103          (ii) rules that the Division of Finance makes under Sections 63A-3-106 and 63A-3-107.
104          (6) (a) A majority of the task force members constitutes a quorum.
105          (b) The action of a majority of a quorum constitutes an action of the task force.
106          (7) The Department of Public Safety shall provide staff support to the task force.
107          Section 3. Section 63C-29-202 is enacted to read:
108          63C-29-202. Task force duties -- Reporting.
109          (1) The task force shall:
110          (a) gather information on:
111          (i) lethality assessments conducted in the state, including:
112          (A) the type of lethality assessments used by law enforcement agencies and other
113     organizations that provide domestic violence services; and
114          (B) training and protocols implemented by law enforcement agencies and the
115     organizations described in Subsection (1)(a)(i)(A) regarding the use of lethality assessments;
116          (ii) the data collection efforts implemented by law enforcement agencies and the
117     organizations described in Subsection (1)(a)(i)(A);
118          (iii) the number of cohabitant abuse protective orders that, in the immediately
119     preceding calendar year, were:
120          (A) issued;
121          (B) amended or dismissed before the date of expiration; or
122          (C) dismissed under Subsection 78B-7-605(1); and
123          (iv) the prevalence of domestic violence in the state and the prevalence of the
124     following in domestic violence cases:
125          (A) stalking;
126          (B) strangulation;
127          (C) violence in the presence of children; and
128          (D) threats of suicide or homicide; and
129          (b) review and provide feedback on:
130          (i) lethality assessment training and protocols implemented by law enforcement
131     agencies and the organizations described in Subsection (1)(a)(i)(A); and
132          (ii) the collection of domestic violence data in the state, including:
133          (A) the coordination between state, local, and not-for-profit agencies to collect data
134     from lethality assessments and on the prevalence of domestic violence Ŝ→ , including the number
134a     of voluntary commitments of firearms under Section 53-5c-201 ←Ŝ ;
135          (B) efforts to standardize the format for collecting domestic violence and lethality
136     assessment data from state, local, and not-for-profit agencies within federal confidentiality
137     requirements; and
138          (C) the need for any additional data collection requirements or efforts.
139          (2) Before November 30 of each year the task force shall provide a written report to the
140     Law Enforcement and Criminal Justice Interim Committee describing:
141          (a) the information gathered under Subsection (1)(a); and
142          (b) the feedback described in Subsection (1)(b).
143          Section 4. Section 63I-1-263 is amended to read:
144          63I-1-263. Repeal dates: Titles 63A to 63N.
145          (1) Subsection 63A-5b-405(5), relating to prioritizing and allocating capital
146     improvement funding, is repealed July 1, 2024.
147          (2) Section 63A-5b-1003, State Facility Energy Efficiency Fund, is repealed July 1,
148     2023.
149          (3) Sections 63A-9-301 and 63A-9-302, related to the Motor Vehicle Review
150     Committee, are repealed July 1, 2023.
151          [(4) In relation to the Utah Transparency Advisory Board, on January 1, 2025:]
152          [(a) Section 63A-18-102 is repealed;]
153          [(b) Section 63A-18-201 is repealed; and]
154          [(c) Section 63A-18-202 is repealed.]
155          (4) Title 63A, Chapter 18, Utah Transparency Advisory Board, is repealed January 1,
156     2025.
157          (5) Title 63C, Chapter 4a, Constitutional and Federalism Defense Act, is repealed July
158     1, 2028.
159          (6) Title 63C, Chapter 6, Utah Seismic Safety Commission, is repealed January 1,
160     2025.
161          (7) Title 63C, Chapter 12, Snake Valley Aquifer Advisory Council, is repealed July 1,
162     2024.
163          (8) Title 63C, Chapter 17, Point of the Mountain Development Commission Act, is
164     repealed July 1, 2023.
165          (9) Title 63C, Chapter 18, Behavioral Health Crisis Response Commission, is repealed
166     July 1, 2023.
167          (10) Title 63C, Chapter 23, Education and Mental Health Coordinating Council, is
168     repealed July 1, 2026.
169          (11) Title 63C, Chapter 27, Cybersecurity Commission, is repealed July 1, 2032.
170          (12) Title 63C, Chapter 28, Ethnic Studies Commission, is repealed July 1, 2026.
171          (13) Title 63C, Chapter 29, Domestic Violence Data Task Force, is repealed December
172     31, 2024.
173          [(13)] (14) Section 63G-6a-805, which creates the Purchasing from Persons with
174     Disabilities Advisory Board, is repealed July 1, 2026.
175          [(14)] (15) Title 63G, Chapter 21, Agreements to Provide State Services, is repealed
176     July 1, 2028.
177          [(15)] (16) Title 63H, Chapter 4, Heber Valley Historic Railroad Authority, is repealed
178     July 1, 2024.
179          [(16)] (17) Title 63H, Chapter 8, Utah Housing Corporation Act, is repealed July 1,
180     2026.
181          [(17) Subsection 63J-1-602.1(17), relating to the Nurse Home Visiting Restricted
182     Account, is repealed July 1, 2026.]
183          (18) Subsection 63J-1-602.2(6), referring to dedicated credits to the Utah Marriage
184     Commission, is repealed July 1, 2023.
185          [(19) Subsection 63J-1-602.2(7), referring to the Trip Reduction Program, is repealed
186     July 1, 2022.]
187          [(20)] (19) Subsection 63J-1-602.2(26), related to the Utah Seismic Safety
188     Commission, is repealed January 1, 2025.
189          [(21)] (20) Title 63L, Chapter 11, Part 4, Resource Development Coordinating
190     Committee, is repealed July 1, 2027.
191          [(22)] (21) In relation to the Utah Substance Use and Mental Health Advisory Council,
192     on January 1, 2033:
193          (a) Sections 63M-7-301, 63M-7-302, 63M-7-303, 63M-7-304, and 63M-7-306 are
194     repealed;
195          (b) Section 63M-7-305, the language that states "council" is replaced with
196     "commission";
197          (c) Subsection 63M-7-305(1)(a) is repealed and replaced with:
198          "(1) "Commission" means the Commission on Criminal and Juvenile Justice."; and
199          (d) Subsection 63M-7-305(2) is repealed and replaced with:
200          "(2) The commission shall:
201          (a) provide ongoing oversight of the implementation, functions, and evaluation of the
202     Drug-Related Offenses Reform Act; and
203          (b) coordinate the implementation of Section 77-18-104 and related provisions in
204     Subsections 77-18-103(2)(c) and (d).".
205          [(23)] (22) The Crime Victim Reparations and Assistance Board, created in Section
206     63M-7-504, is repealed July 1, 2027.
207          [(24)] (23) Title 63M, Chapter 11, Utah Commission on Aging, is repealed July 1,
208     2026.
209          [(25)] (24) Title 63N, Chapter 1b, Part 4, Women in the Economy Subcommittee, is
210     repealed January 1, 2025.
211          [(26)] (25) Title 63N, Chapter 2, Part 2, Enterprise Zone Act, is repealed July 1, 2028.
212          [(27)] (26) Section 63N-2-512, related to the Hotel Impact Mitigation Fund, is repealed
213     July 1, 2028.
214          [(28)] (27) Title 63N, Chapter 3, Part 9, Strategic Innovation Grant Pilot Program, is
215     repealed July 1, 2027.
216          [(29)] (28) Title 63N, Chapter 3, Part 11, Manufacturing Modernization Grant
217     Program, is repealed July 1, 2025.
218          [(30)] (29) In relation to the Rural Employment Expansion Program, on July 1, 2023:
219          (a) Title 63N, Chapter 4, Part 4, Rural Employment Expansion Program, is repealed;
220     and
221          (b) Subsection 63N-4-805(5)(b), referring to the Rural Employment Expansion
222     Program, is repealed.
223          [(31)] (30) In relation to the Board of Tourism Development, on July 1, 2025:
224          (a) Subsection 63N-2-511(1)(b), which defines "tourism board," is repealed;
225          (b) Subsections 63N-2-511(3)(a) and (5), the language that states "tourism board" is
226     repealed and replaced with "Utah Office of Tourism";
227          (c) Subsection 63N-7-101(1), which defines "board," is repealed;
228          (d) Subsection 63N-7-102(3)(c), which requires the Utah Office of Tourism to receive
229     approval from the Board of Tourism Development, is repealed; and
230          (e) Title 63N, Chapter 7, Part 2, Board of Tourism Development, is repealed.
231          [(32)] (31) Subsection 63N-8-103(3)(c), which allows the Governor's Office of
232     Economic Opportunity to issue an amount of tax credit certificates only for rural productions,
233     is repealed on July 1, 2024.
234          Section 5. Section 78B-7-120 is amended to read:
235          78B-7-120. Law enforcement -- Training -- Domestic violence -- Lethality
236     assessments.
237          (1) The Department of Public Safety shall:
238          (a) develop training in domestic violence responses and lethality assessment protocols[,
239     which include the following] that includes information on:
240          [(a)] (i) recognizing the symptoms of domestic violence and trauma;
241          [(b)] (ii) an evidence-based assessment to identify victims of domestic violence who
242     may be at a high risk of being killed by a perpetrator;
243          [(c)] (iii) lethality assessment protocols and interviewing techniques, including
244     indicators of strangulation;
245          [(d)] (iv) responding to the needs and concerns of a victim of domestic violence;
246          [(e)] (v) delivering services to victims of domestic violence in a compassionate,
247     sensitive, and professional manner; and
248          [(f)] (vi) understanding cultural perceptions and common myths of domestic
249     violence[.];
250          (b) develop and offer an online training course in domestic violence issues to all
251     certified law enforcement officers in the state; and
252          (c) develop specific training curriculums for the trainings described in Subsections
253     (1)(a) and (b) that include:
254          (i) information on responding to domestic violence incidents, including
255     trauma-informed and victim-centered interview techniques;
256          (ii) lethality assessment protocols which have been demonstrated to minimize
257     retraumatizing victims; and
258          (iii) standards for report writing.
259          (2) The Peace Officer Standards and Training Division shall incorporate training in
260     domestic violence issues into training offered to all individuals seeking certification as a peace
261     officer.
262          [(2) The department shall develop and offer an online training course in domestic
263     violence issues to all certified law enforcement officers in the state.]
264          [(3) Training in domestic violence issues shall be incorporated into training offered by
265     the Peace Officer Standards and Training division to all persons seeking certification as a peace
266     officer.]
267          [(4) The department shall develop specific training curriculums that meet the
268     requirements of this section, including:]
269          [(a) response to domestic violence incidents, including trauma-informed and
270     victim-centered interview techniques;]
271          [(b) lethality assessment protocols which have been demonstrated to minimize
272     retraumatizing victims; and]
273          [(c) standards for report writing.]
274          [(5) The Department of Public Safety, in partnership with the Division of Child and
275     Family Services and the Commission on Criminal and Juvenile Justice, shall work to identify
276     aggregate domestic violence data to include:]
277          [(a) lethality assessments;]
278          [(b) the prevalence of stalking;]
279          [(c) strangulation;]
280          [(d) violence in the presence of children; and]
281          [(e) threats of suicide or homicide.]
282          [(6) The Department of Public Safety, with support from the Commission on Criminal
283     and Juvenile Justice and the Division of Child and Family Services shall provide
284     recommendations to the Law Enforcement and Criminal Justice Interim Committee not later
285     than July 31 of each year and in the commission's annual report required by Section
286     63M-7-205.]