1     
DOMESTIC VIOLENCE AMENDMENTS

2     
2023 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Todd D. Weiler

5     
House Sponsor: Ryan D. Wilcox

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; [and]
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[.]; and
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; [and]
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[.]; and
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; [or]
269          (vi) the results of a lethality assessment completed in accordance with Section
270     77-36-2.1; or

271          [(vi)] (vii) any other reliable record or source, including proffered evidence; and
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          [(a)] (i) taking the action that, in the officer's discretion, is reasonably necessary to
329     provide for the safety of the victim and any family or household member;
330          [(b)] (ii) confiscating the weapon or weapons involved in the alleged domestic
331     violence;
332          [(c)] (iii) making arrangements for the victim and any child to obtain emergency
333     housing or shelter;
334          [(d)] (iv) providing protection while the victim removes essential personal effects;
335          [(e)] (v) arrange, facilitate, or provide for the victim and any child to obtain medical
336     treatment; and
337          [(f)] (vi) arrange, facilitate, or provide the victim with immediate and adequate notice
338     of the rights of victims and of the remedies and services available to victims of domestic
339     violence, in accordance with Subsection [(2).] (3); and
340          (b) if the allegation of domestic violence is against an intimate partner, complete the
341     lethality assessment protocols described in this section.
342          [(2)] (3) (a) A law enforcement officer shall give written notice to the victim in simple
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          [(3)] (4) If a weapon is confiscated under this section, the law enforcement agency
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[.]; and
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) [The] In accordance with Section 77-36-2.1, the Department of Public Safety shall
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.