2
3
4
5
6 Cosponsor:
7 Evan J. Vickers
8
9 LONG TITLE
10 General Description:
11 This bill amends provisions relating to domestic violence.
12 Highlighted Provisions:
13 This bill:
14 ▸ requires a law enforcement officer to conduct a lethality assessment when
15 responding to a report of domestic violence between intimate partners;
16 ▸ describes the protocol for a lethality assessment;
17 ▸ requires a law enforcement officer who conducts a lethality assessment to:
18 • include the results of the assessment with a probable cause statement and
19 incident report; and
20 • submit the results to the Department of Public Safety;
21 ▸ requires the Department of Public Safety to:
22 • develop and maintain a reporting mechanism by which law enforcement can
23 submit lethality assessment data;
24 • provide analytical support to a law enforcement officer who submits the results
25 of a lethality assessment;
26 • create and maintain a database of lethality assessment data; and
27 • in coordination with the Administrative Office of the Courts, provide
28 information and training to certain court personnel regarding lethality assessments;
29 ▸ includes a lethality assessment as part of the information that may be considered as
30 part of pretrial processes; and
31 ▸ makes technical and conforming changes.
32 Money Appropriated in this Bill:
33 This bill appropriates:
34 ▸ to the Department of Public Safety -- Programs and Operations -- Department
35 Intelligence Center, as a one-time appropriation:
36 • from the General Fund, One-time, $100,000; and
37 ▸ to the Department of Public Safety -- Programs and Operations -- Department
38 Intelligence Center, as an ongoing appropriation:
39 • from the General Fund, $1,205,000.
40 Other Special Clauses:
41 None
42 Utah Code Sections Affected:
43 AMENDS:
44 53-1-106, as last amended by Laws of Utah 2021, Chapters 344, 360
45 77-20-202, as enacted by Laws of Utah 2021, Second Special Session, Chapter 4
46 77-20-205, as enacted by Laws of Utah 2021, Second Special Session, Chapter 4
47 77-36-2.1, as last amended by Laws of Utah 2020, Chapter 142
48 77-36-2.2, as last amended by Laws of Utah 2022, Chapter 430
49 78B-7-120, as enacted by Laws of Utah 2021, Chapter 180
50 78B-7-803, as last amended by Laws of Utah 2021, Chapter 159
51
52 Be it enacted by the Legislature of the state of Utah:
53 Section 1. Section 53-1-106 is amended to read:
54 53-1-106. Department duties -- Powers.
55 (1) In addition to the responsibilities contained in this title, the department shall:
56 (a) make rules and perform the functions specified in Title 41, Chapter 6a, Traffic
57 Code, including:
58 (i) setting performance standards for towing companies to be used by the department,
59 as required by Section 41-6a-1406; and
60 (ii) advising the Department of Transportation regarding the safe design and operation
61 of school buses, as required by Section 41-6a-1304;
62 (b) make rules to establish and clarify standards pertaining to the curriculum and
63 teaching methods of a motor vehicle accident prevention course under Section 31A-19a-211;
64 (c) aid in enforcement efforts to combat drug trafficking;
65 (d) meet with the Division of Technology Services to formulate contracts, establish
66 priorities, and develop funding mechanisms for dispatch and telecommunications operations;
67 (e) provide assistance to the Crime Victim Reparations Board and the Utah Office for
68 Victims of Crime in conducting research or monitoring victims' programs, as required by
69 Section 63M-7-505;
70 (f) develop sexual assault exam protocol standards in conjunction with the Utah
71 Hospital Association;
72 (g) engage in emergency planning activities, including preparation of policy and
73 procedure and rulemaking necessary for implementation of the federal Emergency Planning
74 and Community Right to Know Act of 1986, as required by Section 53-2a-702;
75 (h) implement the provisions of Section 53-2a-402, the Emergency Management
76 Assistance Compact;
77 (i) ensure that any training or certification required of a public official or public
78 employee, as those terms are defined in Section 63G-22-102, complies with Title 63G, Chapter
79 22, State Training and Certification Requirements, if the training or certification is required:
80 (i) under this title;
81 (ii) by the department; or
82 (iii) by an agency or division within the department;
83 (j) employ a law enforcement officer as a public safety liaison to be housed at the State
84 Board of Education who shall work with the State Board of Education to:
85 (i) support training with relevant state agencies for school resource officers as
86 described in Section 53G-8-702;
87 (ii) coordinate the creation of model policies and memorandums of understanding for a
88 local education agency and a local law enforcement agency; and
89 (iii) ensure cooperation between relevant state agencies, a local education agency, and
90 a local law enforcement agency to foster compliance with disciplinary related statutory
91 provisions, including Sections 53E-3-516 and 53G-8-211; [
92 (k) provide for the security and protection of public officials, public officials' staff, and
93 the capitol hill complex in accordance with the provisions of this part[
94 (l) fulfill the duties described in Sections 77-36-2.1 and 78B-7-120 related to lethality
95 assessments.
96 (2) (a) The department shall establish a schedule of fees as required or allowed in this
97 title for services provided by the department.
98 (b) All fees not established in statute shall be established in accordance with Section
99 63J-1-504.
100 (3) The department may establish or contract for the establishment of an Organ
101 Procurement Donor Registry in accordance with Section 26-28-120.
102 Section 2. Section 77-20-202 is amended to read:
103 77-20-202. Collection of pretrial information.
104 (1) On or after May 4, 2022, when an individual is arrested without a warrant for an
105 offense and booked at a jail facility, an employee at the jail facility, or an employee of a pretrial
106 services program, shall submit the following information to the court with the probable cause
107 statement to the extent that the information is reasonably available to the employee:
108 (a) identification information for the individual, including:
109 (i) the individual's legal name and any known aliases;
110 (ii) the individual's date of birth;
111 (iii) the individual's state identification number;
112 (iv) the individual's mobile phone number; and
113 (v) the individual's email address;
114 (b) the individual's residential address;
115 (c) any pending criminal charge or warrant for the individual, including the offense
116 tracking number of the current offense for which the individual is booked;
117 (d) the individual's probation or parole supervision status;
118 (e) whether the individual was on pretrial release for another criminal offense prior to
119 the booking of the individual for the current criminal offense;
120 (f) the individual's financial circumstances to the best of the individual's knowledge at
121 the time of booking, including:
122 (i) the individual's current employer;
123 (ii) the individual's monthly income, including any alimony or child support that
124 contributes to the individual's monthly income;
125 (iii) the individual's monthly expenses, including any alimony or child support
126 obligation that the individual is responsible for paying;
127 (iv) the individual's ownership of, or any interest in, personal or real property,
128 including any savings or checking accounts or cash;
129 (v) the number, ages, and relationships of any dependents;
130 (vi) any financial support or benefit that the individual receives from a state or federal
131 government; and
132 (vii) any other information about the individual's financial circumstances that may be
133 relevant; [
134 (g) any ties the individual has to the community, including:
135 (i) the length of time that the individual has been at the individual's residential address;
136 (ii) any enrollment in a local college, university, or trade school; and
137 (iii) the name and contact information for any family member or friend that the
138 individual believes would be willing to provide supervision of the individual[
139 (h) the results of a lethality assessment completed in accordance with Section
140 77-36-2.1, if any.
141 (2) Upon request, the jail facility, or the pretrial services program, shall provide the
142 information described in Subsection (1) to the individual, the individual's attorney, or the
143 prosecuting attorney.
144 (3) Any information collected from an individual under Subsection (1) is inadmissible
145 in any court proceeding other than:
146 (a) a criminal proceeding addressing the individual's pretrial release or indigency for
147 the offense, or offenses, for which the individual was arrested or charged with; or
148 (b) another criminal proceeding regarding prosecution for providing a false statement
149 under Subsection (1).
150 (4) Nothing in this section prohibits a court and a county from entering into an
151 agreement regarding information to be submitted to the court with a probable cause statement.
152 Section 3. Section 77-20-205 is amended to read:
153 77-20-205. Pretrial release by a magistrate or judge.
154 (1) (a) At the time that a magistrate issues a warrant of arrest, or finds there is probable
155 cause to support the individual's arrest under Rule 9 of the Utah Rules of Criminal Procedure,
156 the magistrate shall issue a temporary pretrial status order that:
157 (i) releases the individual on the individual's own recognizance during the time the
158 individual awaits trial or other resolution of criminal charges;
159 (ii) designates a condition, or a combination of conditions, to be imposed upon the
160 individual's release during the time the individual awaits trial or other resolution of criminal
161 charges; or
162 (iii) orders the individual be detained during the time the individual awaits trial or
163 other resolution of criminal charges.
164 (b) At the time that a magistrate issues a summons, the magistrate may issue a
165 temporary pretrial status order that:
166 (i) releases the individual on the individual's own recognizance during the time the
167 individual awaits trial or other resolution of criminal charges; or
168 (ii) designates a condition, or a combination of conditions, to be imposed upon the
169 individual's release during the time the individual awaits trial or other resolution of criminal
170 charges.
171 (2) (a) Except as provided in Subsection (2)(c), at an individual's first appearance
172 before the court, the magistrate or judge shall issue a pretrial status order that:
173 (i) releases the individual on the individual's own recognizance during the time the
174 individual awaits trial or other resolution of criminal charges;
175 (ii) designates a condition, or a combination of conditions, to be imposed upon the
176 individual's release during the time the individual awaits trial or other resolution of criminal
177 charges; or
178 (iii) orders the individual be detained during the time the individual awaits trial or
179 other resolution of criminal charges.
180 (b) In making a determination under Subsection (2)(a), the magistrate or judge may not
181 give any deference to a magistrate's decision in a temporary pretrial status order.
182 (c) The magistrate or judge shall delay the issuance of a pretrial status order described
183 in Subsection (2)(a):
184 (i) until a pretrial detention hearing is held if a prosecuting attorney makes a motion for
185 pretrial detention as described in Section 77-20-206;
186 (ii) if a party requests a delay; or
187 (iii) if there is good cause to delay the issuance.
188 (d) If a magistrate or judge delays the issuance of a pretrial status order under
189 Subsection (2)(c), the magistrate or judge shall extend the temporary pretrial status order until
190 the issuance of a pretrial status order.
191 (3) In making a determination about pretrial release under Subsection (1) or (2), a
192 magistrate or judge shall impose only conditions of release that are reasonably available and
193 necessary to reasonably ensure:
194 (a) the individual's appearance in court when required;
195 (b) the safety of any witnesses or victims of the offense allegedly committed by the
196 individual;
197 (c) the safety and welfare of the public; and
198 (d) that the individual will not obstruct, or attempt to obstruct, the criminal justice
199 process.
200 (4) Except as provided in Subsection (5), a magistrate or judge may impose a
201 condition, or combination of conditions, under Subsection (1) or (2) that requires an individual
202 to:
203 (a) not commit a federal, state, or local offense during the period of pretrial release;
204 (b) avoid contact with a victim of the alleged offense;
205 (c) avoid contact with a witness who:
206 (i) may testify concerning the alleged offense; and
207 (ii) is named in the pretrial status order;
208 (d) not consume alcohol or any narcotic drug or other controlled substance unless
209 prescribed by a licensed medical practitioner;
210 (e) submit to drug or alcohol testing;
211 (f) complete a substance abuse evaluation and comply with any recommended
212 treatment or release program;
213 (g) submit to electronic monitoring or location device tracking;
214 (h) participate in inpatient or outpatient medical, behavioral, psychological, or
215 psychiatric treatment;
216 (i) maintain employment or actively seek employment if unemployed;
217 (j) maintain or commence an education program;
218 (k) comply with limitations on where the individual is allowed to be located or the
219 times that the individual shall be, or may not be, at a specified location;
220 (l) comply with specified restrictions on personal associations, place of residence, or
221 travel;
222 (m) report to a law enforcement agency, pretrial services program, or other designated
223 agency at a specified frequency or on specified dates;
224 (n) comply with a specified curfew;
225 (o) forfeit or refrain from possession of a firearm or other dangerous weapon;
226 (p) if the individual is charged with an offense against a child, limit or prohibit access
227 to any location or occupation where children are located, including any residence where
228 children are on the premises, activities where children are involved, locations where children
229 congregate, or where a reasonable person would know that children congregate;
230 (q) comply with requirements for house arrest;
231 (r) return to custody for a specified period of time following release for employment,
232 schooling, or other limited purposes;
233 (s) remain in custody of one or more designated individuals who agree to:
234 (i) supervise and report on the behavior and activities of the individual; and
235 (ii) encourage compliance with all court orders and attendance at all required court
236 proceedings;
237 (t) comply with a financial condition; or
238 (u) comply with any other condition that is reasonably available and necessary to
239 ensure compliance with Subsection (3).
240 (5) (a) If a county or municipality has established a pretrial services program, the
241 magistrate or judge shall consider the services that the county or municipality has identified as
242 available in determining what conditions of release to impose.
243 (b) The magistrate or judge may not order conditions of release that would require the
244 county or municipality to provide services that are not currently available from the county or
245 municipality.
246 (c) Notwithstanding Subsection (5)(a), the magistrate or judge may impose conditions
247 of release not identified by the county or municipality so long as the condition does not require
248 assistance or resources from the county or municipality.
249 (6) (a) If the magistrate or judge determines that a financial condition, other than an
250 unsecured bond, is necessary to impose as a condition of release, the magistrate or judge shall
251 consider the individual's ability to pay when determining the amount of the financial condition.
252 (b) If the magistrate or judge determines that a financial condition is necessary to
253 impose as a condition of release, and a bail commissioner fixed a financial condition for the
254 individual under Section 77-20-204, the magistrate or judge may not give any deference to:
255 (i) the bail commissioner's action to fix a financial condition; or
256 (ii) the amount of the financial condition that the individual was required to pay for
257 pretrial release.
258 (c) If a magistrate or judge orders a financial condition as a condition of release, the
259 judge or magistrate shall set the financial condition at a single amount per case.
260 (7) In making a determination about pretrial release under this section, the magistrate
261 or judge may:
262 (a) rely upon information contained in:
263 (i) the indictment or information;
264 (ii) any sworn or probable cause statement or other information provided by law
265 enforcement;
266 (iii) a pretrial risk assessment;
267 (iv) an affidavit of indigency described in Section 78B-22-201.5;
268 (v) witness statements or testimony; [
269 (vi) the results of a lethality assessment completed in accordance with Section
270 77-36-2.1; or
271 [
272 (b) consider:
273 (i) the nature and circumstances of the offense, or offenses, that the individual was
274 arrested for, or charged with, including:
275 (A) whether the offense is a violent offense; and
276 (B) the vulnerability of a witness or alleged victim;
277 (ii) the nature and circumstances of the individual, including the individual's:
278 (A) character;
279 (B) physical and mental health;
280 (C) family and community ties;
281 (D) employment status or history;
282 (E) financial resources;
283 (F) past criminal conduct;
284 (G) history of drug or alcohol abuse; and
285 (H) history of timely appearances at required court proceedings;
286 (iii) the potential danger to another individual, or individuals, posed by the release of
287 the individual;
288 (iv) whether the individual was on probation, parole, or release pending an upcoming
289 court proceeding at the time the individual allegedly committed the offense or offenses;
290 (v) the availability of:
291 (A) other individuals who agree to assist the individual in attending court when
292 required; or
293 (B) supervision of the individual in the individual's community;
294 (vi) the eligibility and willingness of the individual to participate in various treatment
295 programs, including drug treatment; or
296 (vii) other evidence relevant to the individual's likelihood of fleeing or violating the
297 law if released.
298 (8) An individual arrested for violation of a jail release agreement, or a jail release
299 court order, issued in accordance with Section 78B-7-802:
300 (a) may not be released before the individual's first appearance before a magistrate or
301 judge; and
302 (b) may be denied pretrial release by the magistrate or judge under Subsection (2).
303 Section 4. Section 77-36-2.1 is amended to read:
304 77-36-2.1. Duties of law enforcement officers -- Notice to victims -- Lethality
305 assessments.
306 (1) For purposes of this section:
307 (a) (i) "Dating relationship" means a social relationship of a romantic or intimate
308 nature, or a relationship which has romance or intimacy as a goal by one or both parties,
309 regardless of whether the relationship involves sexual intimacy.
310 (ii) "Dating relationship" does not include casual fraternization in a business,
311 educational, or social context.
312 (b) "Intimate partner" means an emancipated individual under Section 15-2-1 or an
313 individual who is 16 years old or older who:
314 (i) is or was a spouse of the other party;
315 (ii) is or was living as if a spouse of the other party;
316 (iii) has or had one or more children in common with the other party;
317 (iv) is the biological parent of the other party's unborn child;
318 (v) is or was in a consensual sexual relationship with the other party; or
319 (vi) is or was in a dating relationship with the other party.
320 (c) "Nongovernment organization victim advocate" means the same as that term is
321 defined in Section 77-38-403.
322 (d) "Primary purpose domestic violence organization" means a contract provider of
323 domestic violence services as described in Section 80-2-301.
324 (2) A law enforcement officer who responds to an allegation of domestic violence
325 shall:
326 (a) use all reasonable means to protect the victim and prevent further violence,
327 including:
328 [
329 provide for the safety of the victim and any family or household member;
330 [
331 violence;
332 [
333 housing or shelter;
334 [
335 [
336 treatment; and
337 [
338 of the rights of victims and of the remedies and services available to victims of domestic
339 violence, in accordance with Subsection [
340 (b) if the allegation of domestic violence is against an intimate partner, complete the
341 lethality assessment protocols described in this section.
342 [
343 language, describing the rights and remedies available under this chapter, Title 78B, Chapter 7,
344 Part 6, Cohabitant Abuse Protective Orders, and Title 78B, Chapter 7, Part 2, Child Protective
345 Orders.
346 (b) The written notice shall also include:
347 (i) a statement that the forms needed in order to obtain an order for protection are
348 available from the court clerk's office in the judicial district where the victim resides or is
349 temporarily domiciled;
350 (ii) a list of shelters, services, and resources available in the appropriate community,
351 together with telephone numbers, to assist the victim in accessing any needed assistance; and
352 (iii) the information required to be provided to both parties in accordance with
353 Subsections 78B-7-802(8) and (9) .
354 [
355 shall return the weapon to the individual from whom the weapon is confiscated if a domestic
356 violence protective order is not issued or once the domestic violence protective order is
357 terminated.
358 (5) A law enforcement officer shall complete a lethality assessment form by asking the
359 victim:
360 (a) if the aggressor has ever used a weapon against the victim or threatened the victim
361 with a weapon;
362 (b) if the aggressor has ever threatened to kill the victim or the victim's children;
363 (c) if the victim believes the aggressor will try to kill the victim;
364 (d) if the aggressor has ever tried to choke the victim;
365 (e) if the aggressor has a gun or could easily get a gun;
366 (f) if the aggressor is violently or constantly jealous, or controls most of the daily
367 activities of the victim;
368 (g) if the victim left or separated from the aggressor after they were living together or
369 married;
370 (h) if the aggressor is unemployed;
371 (i) if the aggressor has ever attempted suicide, to the best of the victim's knowledge;
372 (j) if the victim has a child that the aggressor believes is not the aggressor's biological
373 child;
374 (k) if the aggressor follows or spies on the victim, or leaves threatening messages for
375 the victim; and
376 (l) if there is anything else that worries the victim about the victim's safety and, if so,
377 what worries the victim.
378 (6) A law enforcement officer shall comply with Subsection (7) if:
379 (a) the victim answers affirmatively to any of the questions in Subsections (5)(a)
380 through (d);
381 (b) the victim answers negatively to the questions in Subsections (5)(a) through (d), but
382 affirmatively to at least four of the questions in Subsections (5)(e) through (k); or
383 (c) as a result of the victim's response to the question in Subsection (5)(l), the law
384 enforcement officer believes the victim is in a potentially lethal situation.
385 (7) If the criteria in Subsections (6)(a), (b), or (c) are met, the law enforcement officer
386 shall:
387 (a) advise the victim of the results of the assessment; and
388 (b) refer the victim to a nongovernment organization victim advocate at a primary
389 purpose domestic violence organization.
390 (8) If a victim does not or is unable to provide information to a law enforcement officer
391 sufficient to allow the law enforcement officer to complete a lethality assessment form, or does
392 not speak or is unable to speak with a nongovernment organization victim advocate, the law
393 enforcement officer shall document this information on the lethality assessment form and
394 submit the information to the Department of Public Safety under Subsection (9).
395 (9) (a) Except as provided in Subsection (9)(b), a law enforcement officer shall submit
396 the results of a lethality assessment to the Department of Public Safety while on scene.
397 (b) If a law enforcement officer is not reasonably able to submit the results of a
398 lethality assessment while on scene, the law enforcement officer shall submit the results of the
399 lethality assessment to the Department of Public Safety as soon as practicable.
400 (c) (i) Before the reporting mechanism described in Subsection (10)(a) is developed, a
401 law enforcement officer shall submit the results of a lethality assessment to the Department of
402 Public Safety using means prescribed by the Department of Public Safety.
403 (ii) After the reporting mechanism described in Subsection (10)(a) is developed, a law
404 enforcement officer shall submit the results of a lethality assessment to the Department of
405 Public Safety using that reporting mechanism.
406 (10) The Department of Public Safety shall:
407 (a) as soon as practicable, develop and maintain a reporting mechanism by which a law
408 enforcement officer will submit the results of a lethality assessment as required by Subsection
409 (9);
410 (b) provide prompt analytical support to a law enforcement officer who submits the
411 results of a lethality assessment using the reporting mechanism described in Subsection (10)(a);
412 and
413 (c) create and maintain a database of lethality assessment data provided under this
414 section.
415 (11) (a) Subject to Subsection (11)(b), a law enforcement officer shall include the
416 results of a lethality assessment and any related, relevant analysis provided by the Department
417 of Public Safety under Subsection (10), with:
418 (i) a probable cause statement submitted in accordance with Rule 9 of the Utah Rules
419 of Criminal Procedure; and
420 (ii) an incident report prepared in accordance with Section 77-36-2.2.
421 (b) In a probable cause statement or incident report, a law enforcement officer may not
422 include information about how or where a victim was referred under Subsection (7)(b).
423 Section 5. Section 77-36-2.2 is amended to read:
424 77-36-2.2. Powers and duties of law enforcement officers to arrest -- Reports of
425 domestic violence cases -- Reports of parties' marital status.
426 (1) The primary duty of law enforcement officers responding to a domestic violence
427 call is to protect the victim and enforce the law.
428 (2) (a) In addition to the arrest powers described in Section 77-7-2, when a peace
429 officer responds to a domestic violence call and has probable cause to believe that an act of
430 domestic violence has been committed, the peace officer shall arrest without a warrant or shall
431 issue a citation to any person that the peace officer has probable cause to believe has committed
432 an act of domestic violence.
433 (b) (i) If the peace officer has probable cause to believe that there will be continued
434 violence against the alleged victim, or if there is evidence that the perpetrator has either
435 recently caused serious bodily injury or used a dangerous weapon in the domestic violence
436 offense, the officer shall arrest and take the alleged perpetrator into custody, and may not
437 utilize the option of issuing a citation under this section.
438 (ii) For purposes of Subsection (2)(b)(i), "serious bodily injury" and "dangerous
439 weapon" mean the same as those terms are defined in Section 76-1-101.5.
440 (c) If a peace officer does not immediately exercise arrest powers or initiate criminal
441 proceedings by citation or otherwise, the officer shall notify the victim of the right to initiate a
442 criminal proceeding and of the importance of preserving evidence, in accordance with the
443 requirements of Section 77-36-2.1.
444 (3) If a law enforcement officer receives complaints of domestic violence from two or
445 more opposing persons, the officer shall evaluate each complaint separately to determine who
446 the predominant aggressor was. If the officer determines that one person was the predominant
447 physical aggressor, the officer need not arrest the other person alleged to have committed
448 domestic violence. In determining who the predominant aggressor was, the officer shall
449 consider:
450 (a) any prior complaints of domestic violence;
451 (b) the relative severity of injuries inflicted on each person;
452 (c) the likelihood of future injury to each of the parties; and
453 (d) whether one of the parties acted in self defense.
454 (4) A law enforcement officer may not threaten, suggest, or otherwise indicate the
455 possible arrest of all parties in order to discourage any party's request for intervention by law
456 enforcement.
457 (5) (a) A law enforcement officer who does not make an arrest after investigating a
458 complaint of domestic violence, or who arrests two or more parties, shall submit a detailed,
459 written report specifying the grounds for not arresting any party or for arresting both parties.
460 (b) A law enforcement officer who does not make an arrest shall notify the victim of
461 the right to initiate a criminal proceeding and of the importance of preserving evidence.
462 (6) (a) A law enforcement officer responding to a complaint of domestic violence shall
463 prepare an incident report that includes:
464 (i) the officer's disposition of the case[
465 (ii) the results of any lethality assessment completed in accordance with Section
466 77-36-2.1.
467 (b) From January 1, 2009, until December 31, 2013, any law enforcement officer
468 employed by a city of the first or second class responding to a complaint of domestic violence
469 shall also report, either as a part of an incident report or on a separate form, the following
470 information:
471 (i) marital status of each of the parties involved;
472 (ii) social, familial, or legal relationship of the suspect to the victim; and
473 (iii) whether or not an arrest was made.
474 (c) The information obtained in Subsection (6)(b):
475 (i) shall be reported monthly to the department;
476 (ii) shall be reported as numerical data that contains no personal identifiers; and
477 (iii) is a public record as defined in Section 63G-2-103.
478 (d) The incident report shall be made available to the victim, upon request, at no cost.
479 (e) The law enforcement agency shall forward a copy of the incident report to the
480 appropriate prosecuting attorney within five days after the complaint of domestic violence
481 occurred.
482 (7) The department shall compile the information described in Subsections (6)(b) and
483 (c) into a report and present that report to the Law Enforcement and Criminal Justice Interim
484 Committee during the 2013 interim, no later than May 31, 2013.
485 (8) Each law enforcement agency shall, as soon as practicable, make a written record
486 and maintain records of all incidents of domestic violence reported to it, and shall be identified
487 by a law enforcement agency code for domestic violence.
488 Section 6. Section 78B-7-120 is amended to read:
489 78B-7-120. Law enforcement -- Training -- Domestic violence -- Lethality
490 assessments.
491 (1) [
492 develop training in domestic violence responses and lethality assessment protocols, which
493 include the following:
494 (a) recognizing the symptoms of domestic violence and trauma;
495 (b) an evidence-based assessment to identify victims of domestic violence who may be
496 at a high risk of being killed by a perpetrator;
497 (c) lethality assessment protocols and interviewing techniques, including indicators of
498 strangulation;
499 (d) responding to the needs and concerns of a victim of domestic violence;
500 (e) delivering services to victims of domestic violence in a compassionate, sensitive,
501 and professional manner; and
502 (f) understanding cultural perceptions and common myths of domestic violence.
503 (2) The department shall develop and offer an online training course in domestic
504 violence issues to all certified law enforcement officers in the state.
505 (3) Training in domestic violence issues shall be incorporated into training offered by
506 the Peace Officer Standards and Training division to all persons seeking certification as a peace
507 officer.
508 (4) The department shall develop specific training curriculums that meet the
509 requirements of this section, including:
510 (a) response to domestic violence incidents, including trauma-informed and
511 victim-centered interview techniques;
512 (b) lethality assessment protocols which have been demonstrated to minimize
513 retraumatizing victims; and
514 (c) standards for report writing.
515 (5) The Department of Public Safety, in partnership with the Division of Child and
516 Family Services and the Commission on Criminal and Juvenile Justice, shall work to identify
517 aggregate domestic violence data to include:
518 (a) lethality assessments;
519 (b) the prevalence of stalking;
520 (c) strangulation;
521 (d) violence in the presence of children; and
522 (e) threats of suicide or homicide.
523 (6) The Department of Public Safety, with support from the Commission on Criminal
524 and Juvenile Justice and the Division of Child and Family Services shall provide
525 recommendations to the Law Enforcement and Criminal Justice Interim Committee not later
526 than July 31 of each year and in the commission's annual report required by Section
527 63M-7-205.
528 (7) The Department of Public Safety and the Administrative Office of the Courts shall
529 coordinate to provide information and training on the lethality assessment protocols described
530 in Section 77-36-2.1 to all judges, commissioners, and court staff who may encounter lethality
531 assessment data in the courses of their duties.
532 Section 7. Section 78B-7-803 is amended to read:
533 78B-7-803. Pretrial protective orders.
534 (1) (a) When an alleged perpetrator is charged with a crime involving a qualifying
535 offense, the court shall, at the time of the alleged perpetrator's court appearance under Section
536 77-36-2.6:
537 (i) determine the necessity of imposing a pretrial protective order or other condition of
538 pretrial release; and
539 (ii) state the court's findings and determination in writing.
540 (b) Except as provided in Subsection (4), in any criminal case, the court may, during
541 any court hearing where the alleged perpetrator is present, issue a pretrial protective order,
542 pending trial.
543 (c) When determining the necessity of imposing a pretrial protective order or other
544 condition of pretrial release, a court may consider the results of any relevant lethality
545 assessment conducted in accordance with Section 77-36-2.1.
546 (2) A court may include any of the following provisions in a pretrial protective order:
547 (a) an order enjoining the alleged perpetrator from threatening to commit or
548 committing acts of domestic violence or abuse against the victim and any designated family or
549 household member;
550 (b) an order prohibiting the alleged perpetrator from harassing, telephoning, contacting,
551 or otherwise communicating with the victim, directly or indirectly;
552 (c) an order removing and excluding the alleged perpetrator from the victim's residence
553 and the premises of the residence;
554 (d) an order requiring the alleged perpetrator to stay away from the victim's residence,
555 school, or place of employment, and the premises of any of these, or any specified place
556 frequented by the victim and any designated family member;
557 (e) an order for any other relief that the court considers necessary to protect and
558 provide for the safety of the victim and any designated family or household member;
559 (f) an order identifying and requiring an individual designated by the victim to
560 communicate between the alleged perpetrator and the victim if and to the extent necessary for
561 family related matters;
562 (g) an order requiring the alleged perpetrator to participate in an electronic or other
563 type of monitoring program; and
564 (h) if the alleged victim and the alleged perpetrator share custody of one or more minor
565 children, an order for indirect or limited contact to temporarily facilitate parent visitation with a
566 minor child.
567 (3) If the court issues a pretrial protective order, the court shall determine whether to
568 allow provisions for transfer of personal property to decrease the need for contact between the
569 parties.
570 (4) A pretrial protective order issued under this section against an alleged perpetrator
571 who is a minor expires on the earlier of:
572 (a) the day on which the court issues an order against the alleged perpetrator under
573 Section 78B-7-804 or 78B-7-805 or otherwise makes a disposition of the alleged perpetrator's
574 case under Title 80, Chapter 6, Part 7, Adjudication and Disposition; or
575 (b) the day on which the juvenile court terminates jurisdiction.
576 Section 8. Appropriation.
577 The following sums of money are appropriated for the fiscal year beginning July 1,
578 2023, and ending June 30, 2024. These are additions to amounts previously appropriated for
579 fiscal year 2024. Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures
580 Act, the Legislature appropriates the following sums of money from the funds or accounts
581 indicated for the use and support of the government of the state of Utah.
582 ITEM 1
583 To Department of Public Safety -- Programs and Operations
584 From General Fund, One-time
100,000
585 Schedule of Programs:
586 Department Intelligence Center 100,000
587 The Legislature intends that the Department of Public Safety use appropriations under
588 this item to develop, administer, and maintain a lethality assessment reporting mechanism and
589 database.
590 ITEM 2
591 To Department of Public Safety -- Programs and Operations
592 From General Fund
1,205,000
593 Schedule of Programs:
594 Department Intelligence Center 1,205,000
595 The Legislature intends that:
596 (1) the Department of Public Safety use appropriations under this item to develop,
597 administer, and maintain lethality assessment tools and services; and
598 (2) under Section 63J-1-603, the appropriation under this item not lapse at the close of
599 fiscal year 2024 and the use of any nonlapsing funds is limited to the purposes described in
600 Subsection (1) of this item.