Enrolled Copy H.B. 403
1 PROTECTIVE ORDER AND STALKING INJUNCTION
2 AMENDMENTS
3 2020 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: V. Lowry Snow
6 Senate Sponsor: Todd Weiler
7
8 LONG TITLE
9 General Description:
10 This bill addresses protective orders and stalking injunctions.
11 Highlighted Provisions:
12 This bill:
13 < creates and modifies definitions;
14 < modifies provisions relating to an individual's right to bail after violation of a jail
15 release agreement or jail release court order;
16 < modifies and enacts provisions relating to the Administrative Office of the Court's
17 duty to provide forms to an individual seeking a civil or criminal protective order or
18 civil or criminal stalking injunction;
19 < extends the length of time the following are effective:
20 C a child protective order issued against a respondent who is not the child's parent,
21 guardian, or custodian;
22 C a dating violence protective order;
23 C a sexual violence protective order; and
24 C a cohabitant abuse protective order;
25 < modifies the circumstances under which a child protective order may be sought,
26 issued, modified, and vacated;
27 < modifies the orders the court may include as part of a child protective order;
28 < after issuance or denial of an ex parte protective order, modifies the time period
29 within which the petitioner is required to request a hearing for the protective order
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30 and the time period within which the court is required to set a hearing date for the petition for
31 the protective order;
32 < modifies and deletes provisions relating to expiration and modification of a
33 cohabitant abuse protective order;
34 < modifies the circumstances under which a sexual violence protective order may be
35 extended;
36 < modifies the penalty for a violation of a sentencing protective order and a
37 continuous protective order;
38 < under certain circumstances, allows the court to issue a continuous protective order
39 against a perpetrator of an offense that is not domestic violence;
40 < renumbers and amends provisions relating to criminal protective orders, civil
41 protective orders, and stalking injunctions; and
42 < makes technical and conforming changes.
43 Money Appropriated in this Bill:
44 None
45 Other Special Clauses:
46 This bill provides a special effective date.
47 This bill provides a coordination clause.
48 Utah Code Sections Affected:
49 AMENDS:
50 30-3-3, as last amended by Laws of Utah 2008, Chapter 3
51 53-10-208, as last amended by Laws of Utah 2019, Chapters 33 and 365
52 53-10-208.1, as last amended by Laws of Utah 2019, Chapters 33 and 365
53 53-10-213, as enacted by Laws of Utah 2019, Chapter 33
54 53-10-403, as last amended by Laws of Utah 2017, Chapter 289
55 57-22-5.1, as last amended by Laws of Utah 2018, Chapter 255
56 76-5-106.5, as last amended by Laws of Utah 2018, Chapter 255
57 76-5-108, as last amended by Laws of Utah 2018, Chapter 255
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58 77-20-1, as last amended by Laws of Utah 2019, Chapters 184 and 397
59 77-20-10, as last amended by Laws of Utah 2016, Chapter 234
60 77-36-1, as last amended by Laws of Utah 2019, Chapters 184 and 422
61 77-36-2.1, as last amended by Laws of Utah 2018, Chapter 255
62 77-36-2.4, as last amended by Laws of Utah 2017, Chapters 289 and 332
63 77-36-2.6, as last amended by Laws of Utah 2017, Chapter 332
64 77-36-2.7, as last amended by Laws of Utah 2019, Chapter 184
65 77-36-5, as last amended by Laws of Utah 2017, Chapter 332
66 77-36-5.1, as last amended by Laws of Utah 2018, Chapter 124
67 77-36-6, as last amended by Laws of Utah 2017, Chapter 289
68 77-38-403, as enacted by Laws of Utah 2019, Chapter 361
69 78A-6-103, as last amended by Laws of Utah 2019, Chapter 300
70 78A-6-114, as renumbered and amended by Laws of Utah 2008, Chapter 3
71 78A-6-123, as enacted by Laws of Utah 2017, Chapter 330
72 78B-7-101, as enacted by Laws of Utah 2008, Chapter 3
73 78B-7-102, as last amended by Laws of Utah 2018, Chapter 255
74 78B-7-104, as renumbered and amended by Laws of Utah 2008, Chapter 3
75 78B-7-105, as last amended by Laws of Utah 2018, Chapters 124 and 255
76 78B-7-109, as last amended by Laws of Utah 2018, Chapter 255
77 78B-7-112, as renumbered and amended by Laws of Utah 2008, Chapter 3
78 78B-7-113, as last amended by Laws of Utah 2013, Chapter 196
79 78B-7-201, as last amended by Laws of Utah 2019, Chapter 365
80 78B-7-202, as last amended by Laws of Utah 2014, Chapter 267
81 78B-7-203, as last amended by Laws of Utah 2010, Chapter 34
82 78B-7-204, as last amended by Laws of Utah 2008, Chapter 115 and renumbered and
83 amended by Laws of Utah 2008, Chapter 3
84 78B-7-205, as last amended by Laws of Utah 2011, Chapter 208
85 78B-7-402, as enacted by Laws of Utah 2013, Chapter 179
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86 78B-7-403, as enacted by Laws of Utah 2013, Chapter 179
87 78B-7-404, as enacted by Laws of Utah 2013, Chapter 179
88 78B-7-405, as last amended by Laws of Utah 2014, Chapter 263
89 78B-7-407, as enacted by Laws of Utah 2013, Chapter 179
90 78B-7-409, as enacted by Laws of Utah 2018, Chapter 255
91 78B-7-502, as enacted by Laws of Utah 2019, Chapter 365
92 78B-7-504, as enacted by Laws of Utah 2019, Chapter 365
93 78B-7-505, as enacted by Laws of Utah 2019, Chapter 365
94 78B-7-508, as enacted by Laws of Utah 2019, Chapter 365
95 78B-19-107, as enacted by Laws of Utah 2010, Chapter 382
96 ENACTS:
97 78B-7-105.5, Utah Code Annotated 1953
98 78B-7-118, Utah Code Annotated 1953
99 78B-7-119, Utah Code Annotated 1953
100 78B-7-601, Utah Code Annotated 1953
101 78B-7-607, Utah Code Annotated 1953
102 78B-7-801, Utah Code Annotated 1953
103 78B-7-803, Utah Code Annotated 1953
104 78B-7-804, Utah Code Annotated 1953
105 78B-7-805, Utah Code Annotated 1953
106 78B-7-806, Utah Code Annotated 1953
107 78B-7-807, Utah Code Annotated 1953
108 78B-7-901, Utah Code Annotated 1953
109 78B-7-902, Utah Code Annotated 1953
110 78B-7-903, Utah Code Annotated 1953
111 78B-7-904, Utah Code Annotated 1953
112 RENUMBERS AND AMENDS:
113 78B-7-117, (Renumbered from 77-36-5.3, as enacted by Laws of Utah 2018, Chapter
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114 124)
115 78B-7-602, (Renumbered from 78B-7-103, as renumbered and amended by Laws of
116 Utah 2008, Chapter 3)
117 78B-7-603, (Renumbered from 78B-7-106, as last amended by Laws of Utah 2019,
118 Chapters 33 and 429)
119 78B-7-604, (Renumbered from 78B-7-107, as last amended by Laws of Utah 2019,
120 Chapter 136)
121 78B-7-605, (Renumbered from 78B-7-115, as last amended by Laws of Utah 2019,
122 Chapter 263)
123 78B-7-606, (Renumbered from 78B-7-115.5, as last amended by Laws of Utah 2019,
124 Chapter 263)
125 78B-7-608, (Renumbered from 78B-7-110, as renumbered and amended by Laws of
126 Utah 2008, Chapter 3)
127 78B-7-609, (Renumbered from 78B-7-111, as renumbered and amended by Laws of
128 Utah 2008, Chapter 3)
129 78B-7-701, (Renumbered from 77-3a-101, as last amended by Laws of Utah 2012,
130 Chapter 383)
131 78B-7-702, (Renumbered from 77-3a-101.1, as enacted by Laws of Utah 2018, Chapter
132 255)
133 78B-7-703, (Renumbered from 77-3a-103, as enacted by Laws of Utah 2001, Chapter
134 276)
135 78B-7-802, (Renumbered from 77-20-3.5, as last amended by Laws of Utah 2019,
136 Chapter 184)
137 REPEALS:
138 77-3a-102, as enacted by Laws of Utah 2001, Chapter 276
139 78B-7-114, as renumbered and amended by Laws of Utah 2008, Chapter 3
140 78B-7-401, as enacted by Laws of Utah 2013, Chapter 179
141 78B-7-406, as enacted by Laws of Utah 2013, Chapter 179
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142 78B-7-501, as enacted by Laws of Utah 2019, Chapter 365
143 78B-7-507, as enacted by Laws of Utah 2019, Chapter 365
144 Utah Code Sections Affected by Coordination Clause:
145 77-20-1, as last amended by Laws of Utah 2019, Chapters 184 and 397
146
147 Be it enacted by the Legislature of the state of Utah:
148 Section 1. Section 30-3-3 is amended to read:
149 30-3-3. Award of costs, attorney and witness fees -- Temporary alimony.
150 (1) In any action filed under Title 30, Chapter 3, Divorce, Chapter 4, Separate
151 Maintenance, or Title 78B, Chapter 7, [Part 1, Cohabitant Abuse Act] Part 6, Cohabitant Abuse
152 Protective Orders, and in any action to establish an order of custody, parent-time, child support,
153 alimony, or division of property in a domestic case, the court may order a party to pay the costs,
154 attorney fees, and witness fees, including expert witness fees, of the other party to enable the
155 other party to prosecute or defend the action. The order may include provision for costs of the
156 action.
157 (2) In any action to enforce an order of custody, parent-time, child support, alimony, or
158 division of property in a domestic case, the court may award costs and attorney fees upon
159 determining that the party substantially prevailed upon the claim or defense. The court, in its
160 discretion, may award no fees or limited fees against a party if the court finds the party is
161 impecunious or enters in the record the reason for not awarding fees.
162 (3) In any action listed in Subsection (1), the court may order a party to provide money,
163 during the pendency of the action, for the separate support and maintenance of the other party
164 and of any children in the custody of the other party.
165 (4) Orders entered under this section prior to entry of the final order or judgment may
166 be amended during the course of the action or in the final order or judgment.
167 Section 2. Section 53-10-208 is amended to read:
168 53-10-208. Definition -- Offenses included on statewide warrant system --
169 Transportation fee to be included -- Statewide warrant system responsibility -- Quality
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170 control -- Training -- Technical support -- Transaction costs.
171 (1) "Statewide warrant system" means the portion of the state court computer system
172 that is accessible by modem from the state mainframe computer and contains:
173 (a) records of criminal warrant information; and
174 (b) after notice and hearing, records of protective orders issued pursuant to:
175 (i) Title 77, Chapter 36, Cohabitant Abuse Procedures Act;
176 [(ii) Title 78B, Chapter 7, Part 1, Cohabitant Abuse Act;]
177 [(iii)] (ii) Title 78B, Chapter 7, Part 4, Dating Violence [Protection Act; or] Protective
178 Orders;
179 [(iv)] (iii) Title 78B, Chapter 7, Part 5, Sexual Violence [Protection Act.] Protective
180 Orders; or
181 (iv) Title 78B, Chapter 7, Part 6, Cohabitant Abuse Protective Orders.
182 (2) (a) The division shall include on the statewide warrant system all warrants issued
183 for felony offenses and class A, B, and C misdemeanor offenses in the state.
184 (b) The division shall include on the statewide warrant system all warrants issued for
185 failure to appear on a traffic citation as ordered by a magistrate under Subsection 77-7-19(3).
186 (c) For each warrant, the division shall indicate whether the magistrate ordered under
187 Section 77-7-5 and Rule 6, Utah Rules of Criminal Procedure, that the accused appear in court.
188 (3) The division is the agency responsible for the statewide warrant system and shall:
189 (a) ensure quality control of all warrants of arrest or commitment and protective orders
190 contained in the statewide warrant system by conducting regular validation checks with every
191 clerk of a court responsible for entering the information on the system;
192 (b) upon the expiration of the protective orders and in the manner prescribed by the
193 division, purge information regarding protective orders described in Subsection
194 53-10-208.1(1)(d) within 30 days of the time after expiration;
195 (c) establish system procedures and provide training to all criminal justice agencies
196 having access to information contained on the state warrant system;
197 (d) provide technical support, program development, and systems maintenance for the
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198 operation of the system; and
199 (e) pay data processing and transaction costs for state, county, and city law
200 enforcement agencies and criminal justice agencies having access to information contained on
201 the state warrant system.
202 (4) (a) Any data processing or transaction costs not funded by legislative appropriation
203 shall be paid on a pro rata basis by all agencies using the system during the fiscal year.
204 (b) This Subsection (4) supersedes any conflicting provision in Subsection (3)(e).
205 Section 3. Section 53-10-208.1 is amended to read:
206 53-10-208.1. Magistrates and court clerks to supply information.
207 (1) Every magistrate or clerk of a court responsible for court records in this state shall,
208 within 30 days of the disposition and on forms and in the manner provided by the division,
209 furnish the division with information pertaining to:
210 (a) all dispositions of criminal matters, including:
211 (i) guilty pleas;
212 (ii) convictions;
213 (iii) dismissals;
214 (iv) acquittals;
215 (v) pleas held in abeyance;
216 (vi) judgments of not guilty by reason of insanity[:];
217 (vii) judgments of guilty with a mental illness;
218 (viii) finding of mental incompetence to stand trial; and
219 (ix) probations granted;
220 (b) orders of civil commitment under the terms of Section 62A-15-631;
221 (c) the issuance, recall, cancellation, or modification of all warrants of arrest or
222 commitment as described in Rule 6, Utah Rules of Criminal Procedure and Section 78B-6-303,
223 within one day of the action and in a manner provided by the division; and
224 (d) protective orders issued after notice and hearing, pursuant to:
225 (i) Title 77, Chapter 36, Cohabitant Abuse Procedures Act;
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226 [(ii) Title 78B, Chapter 7, Part 1, Cohabitant Abuse Act;]
227 [(iii)] (ii) Title 78B, Chapter 7, Part 4, Dating Violence [Protection Act; or] Protective
228 Orders;
229 [(iv)] (iii) Title 78B, Chapter 7, Part 5, Sexual Violence [Protection Act.] Protective
230 Orders; or
231 (iv) Title 78B, Chapter 7, Part 6, Cohabitant Abuse Protective Orders.
232 (2) The court in the county where a determination or finding was made shall transmit a
233 record of the determination or finding to the bureau no later than 48 hours after the
234 determination is made, excluding Saturdays, Sundays, and legal holidays, if an individual is:
235 (a) adjudicated as a mental defective; or
236 (b) involuntarily committed to a mental institution in accordance with Subsection
237 62A-15-631(16).
238 (3) The record described in Subsection (2) shall include:
239 (a) an agency record identifier;
240 (b) the individual's name, sex, race, and date of birth; and
241 (c) the individual's social security number, government issued driver license or
242 identification number, alien registration number, government passport number, state
243 identification number, or FBI number.
244 Section 4. Section 53-10-213 is amended to read:
245 53-10-213. Reporting requirements.
246 (1) The bureau shall submit the record received from the court in accordance with
247 Subsection [78B-7-106] 78B-7-603(5)(e) to the National Crime Information Center within 48
248 hours of receipt, excluding Saturdays, Sundays, and legal holidays.
249 (2) The bureau shall submit the record received from the court in accordance with
250 Subsection 53-10-208.1(2) to the National Instant Criminal Background Check System within