Bill Summary – FastDemocracy

LEGISLATIVE GENERAL COUNSEL                                         H.B. 456
Approved for Filing: A. Houston 6
         6 02-01-24 10:59 AM 6
                         PROTECTION ORDER AMENDMENTS
                                    2024 GENERAL SESSION
                                        STATE OF UTAH
                            Chief Sponsor: Jordan D. Teuscher
                            Senate Sponsor: Michael K. McKell
 6
 LONG TITLE
 General Description:
        This bill enacts the Uniform Recognition of Canadian Domestic Violence Protection
 Orders Act.
 Highlighted Provisions:
        This bill:
        < defines terms;
        < enacts the Uniform Recognition of Canadian Domestic Violence Protection Orders
 Act;
        < provides a severability clause; and
        < makes technical and conforming changes.
 Money Appropriated in this Bill:
        None
 Other Special Clauses:
        None
 Utah Code Sections Affected:
 AMENDS:
        78B-7-102, as last amended by Laws of Utah 2023, Chapter 170
        78B-7-116, as renumbered and amended by Laws of Utah 2008, Chapter 3
                                                                                                H.B. 456
 ENACTS:
        78B-7-1201, Utah Code Annotated 1953
     *HB0456*
       H.B. 456                                                                02-01-24 10:59 AM
        78B-7-1202, Utah Code Annotated 1953
        78B-7-1203, Utah Code Annotated 1953
        78B-7-1204, Utah Code Annotated 1953
        78B-7-1205, Utah Code Annotated 1953
        78B-7-1206, Utah Code Annotated 1953
        78B-7-1207, Utah Code Annotated 1953
        78B-7-1208, Utah Code Annotated 1953
        78B-7-1209, Utah Code Annotated 1953
        78B-7-1210, Utah Code Annotated 1953
37
 Be it enacted by the Legislature of the state of Utah:
        Section 1. Section 78B-7-102 is amended to read:
        78B-7-102. Definitions.
        As used in this chapter:
        (1) "Abuse" means, except as provided in Section 78B-7-201, intentionally or
 knowingly causing or attempting to cause another individual physical harm or intentionally or
 knowingly placing another individual in reasonable fear of imminent physical harm.
        (2) "Affinity" means the same as that term is defined in Section 76-1-101.5.
        (3) "Canadian domestic violence protection order" means the same as that term is
 defined in Section 78B-7-1201.
        (4) "Civil protective order" means an order issued, subsequent to a hearing on the
 petition, of which the petitioner and respondent have been given notice, under:
        (a) Part 2, Child Protective Orders;
        (b) Part 4, Dating Violence Protective Orders;
        (c) Part 5, Sexual Violence Protective Orders;
        (d) Part 6, Cohabitant Abuse Protective Orders; or
        (e) Part 11, Workplace Violence Protective Orders.
        [(4)] (5) "Civil stalking injunction" means a stalking injunction issued under Part 7,
 Civil Stalking Injunctions.
        [(5)] (6) (a) "Cohabitant" means an emancipated individual under Section 15-2-1 or an
 individual who is 16 years old or older who:
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       02-01-24 10:59 AM                                                                       H.B. 456
        (i) is or was a spouse of the other party;
        (ii) is or was living as if a spouse of the other party;
        (iii) is related by blood or marriage to the other party as the individual's parent,
 grandparent, sibling, or any other individual related to the individual by consanguinity or
 affinity to the second degree;
        (iv) has or had one or more children in common with the other party;
        (v) is the biological parent of the other party's unborn child;
        (vi) resides or has resided in the same residence as the other party; or
        (vii) is or was in a consensual sexual relationship with the other party.
        (b) "Cohabitant" does not include:
        (i) the relationship of natural parent, adoptive parent, or step-parent to a minor; or
        (ii) the relationship between natural, adoptive, step, or foster siblings who are under 18
 years old.
        [(6)] (7) "Consanguinity" means the same as that term is defined in Section 76-1-101.5.
        [(7)] (8) "Criminal protective order" means an order issued under Part 8, Criminal
 Protective Orders.
        [(8)] (9) "Criminal stalking injunction" means a stalking injunction issued under Part 9,
 Criminal Stalking Injunctions.
        [(9)] (10) "Court clerk" means a district court clerk.
        [(10)] (11) (a) "Dating partner" means an individual who:
        (i) (A) is an emancipated individual under Section 15-2-1 or Title 80, Chapter 7,
 Emancipation; or
        (B) is 18 years old or older; and
        (ii) is, or has been, in a dating relationship with the other party.
        (b) "Dating partner" does not include an intimate partner.
        [(11)] (12) (a) "Dating relationship" means a social relationship of a romantic or
 intimate nature, or a relationship which has romance or intimacy as a goal by one or both
 parties, regardless of whether the relationship involves sexual intimacy.
        (b) "Dating relationship" does not include casual fraternization in a business,
 educational, or social context.
        (c) In determining, based on a totality of the circumstances, whether a dating
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        H.B. 456                                                                   02-01-24 10:59 AM
 relationship exists:
        (i) all relevant factors shall be considered, including:
        (A) whether the parties developed interpersonal bonding above a mere casual
 fraternization;
        (B) the length of the parties' relationship;
        (C) the nature and the frequency of the parties' interactions, including communications
 indicating that the parties intended to begin a dating relationship;
        (D) the ongoing expectations of the parties, individual or jointly, with respect to the
 relationship;
        (E) whether, by statement or conduct, the parties demonstrated an affirmation of their
 relationship to others; and
        (F) whether other reasons exist that support or detract from a finding that a dating
 relationship exists; and
        (ii) it is not necessary that all, or a particular number, of the factors described in
 Subsection [(11)(c)(i)] (12)(c)(i) are found to support the existence of a dating relationship.
        [(12)] (13) "Domestic violence" means the same as that term is defined in Section
 77-36-1.
        [(13)] (14) "Ex parte civil protective order" means an order issued without notice to the
 respondent under:
        (a) Part 2, Child Protective Orders;
        (b) Part 4, Dating Violence Protective Orders;
        (c) Part 5, Sexual Violence Protective Orders;
        (d) Part 6, Cohabitant Abuse Protective Orders; or
        (e) Part 11, Workplace Violence Protective Orders.
        [(14)] (15) "Ex parte civil stalking injunction" means a stalking injunction issued
 without notice to the respondent under Part 7, Civil Stalking Injunctions.
        [(15)] (16) "Foreign protection order" means:
        (a) the same as that term is defined in Section 78B-7-302[.]; and
        (b) a Canadian domestic violence protection order.
        [(16)] (17) "Household animal" means an animal that is tamed and kept as a pet.
        [(17)] (18) "Intimate partner" means the same as that term is defined in 18 U.S.C. Sec.
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        02-01-24 10:59 AM                                                                         H.B. 456
 921.
        [(18)] (19) "Law enforcement unit" or "law enforcement agency" means any public
 agency having general police power and charged with making arrests in connection with
 enforcement of the criminal statutes and ordinances of this state or any political subdivision.
        [(19)] (20) "Peace officer" means those individuals specified in Title 53, Chapter 13,
 Peace Officer Classifications.
        [(20)] (21) "Qualifying domestic violence offense" means the same as that term is
 defined in Section 77-36-1.1.
        [(21)] (22) "Respondent" means the individual against whom enforcement of a
 protective order is sought.
        [(22)] (23) "Stalking" means the same as that term is defined in Section 76-5-106.5.
        Section 2. Section 78B-7-116 is amended to read:
        78B-7-116. Full faith and credit for foreign protection orders.
        (1) A foreign protection order is enforceable in this state as provided in Title 78B,
 Chapter 7, Part 3, Uniform Interstate Enforcement of Domestic Violence Protection Orders
 Act, and Title 78B, Chapter 7, Part 12, Uniform Recognition and Enforcement of Canadian
 Domestic Violence Protection Orders Act.
        (2) (a) A person entitled to protection under a foreign protection order may file the
 order in any district court by filing with the court a certified copy of the order. A filing fee may
 not be required.
        (b) The person filing the foreign protection order shall swear under oath in an affidavit,
 that to the best of the person's knowledge the order is presently in effect as written and the
 respondent was personally served with a copy of the order.
        (c) The affidavit described in Subsection (2)(b) shall be in the form adopted by the
 Administrative Office of the Courts, consistent with its responsibilities to develop and adopt
 forms under Section 78B-7-105.
        (d) The court where a foreign protection order is filed shall transmit a copy of the order
 to the statewide domestic violence network described in Section 78B-7-113.
        (e) Upon inquiry by a law enforcement agency, the clerk of the district court shall make
 a copy of the foreign protection order available.
        (f) After a foreign protection order is filed, the district court shall furnish a certified
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        H.B. 456                                                                   02-01-24 10:59 AM
 copy of the order to the person who filed the order.
        (g) A filed foreign protection order that is inaccurate or is not currently in effect shall
 be corrected or removed from the statewide domestic violence network described in Section
 78B-7-113.
        (3) Law enforcement personnel may:
        (a) rely upon a certified copy of any foreign protection order which has been provided
 to the peace officer by any source;
        (b) rely on the statement of the person protected by the order that the order is in effect
 and the respondent was personally served with a copy of the order; or
        (c) consider other information in determining whether there is probable cause to
 believe that a valid foreign protection order exists.
        (4) A violation in Utah of a foreign protection order is subject to the same penalties as
 the violation of a protective order issued in Utah.
        Section 3. Section 78B-7-1201 is enacted to read:
         Part 12. Uniform Recognition and Enforcement of Canadian Domestic Violence
                                         Protection Orders Act
        78B-7-1201. Definitions.
        As used in this part:
        (1) "Canadian domestic violence protection order" means a judgment or part of a
 judgment or order issued in a civil proceeding by a court of Canada under law of the issuing
 jurisdiction which relates to domestic violence and prohibits a respondent from:
        (a) being in physical proximity to a protected individual or following a protected
 individual;
        (b) directly or indirectly contacting or communicating with a protected individual or
 other individual described in the order;
        (c) being within a certain distance of a specified place or location associated with a
 protected individual; or
        (d) molesting, annoying, harassing, or engaging in threatening conduct directed at a
 protected individual.
        (2) "Domestic protection order" means an injunction or other order issued by a tribunal
 which relates to domestic or family violence laws to prevent an individual from engaging in
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        02-01-24 10:59 AM                                                                        H.B. 456
 violent or threatening acts against, harassment of, direct or indirect contact or communication
 with, or being in physical proximity to another individual.
          (3) "Issuing court" means the court that issues a Canadian domestic violence protection
 order.
          (4) "Law enforcement officer" means an individual authorized by the law of this state
 other than this part to enforce a domestic protection order.
          (5) "Person" means an individual, estate, business or nonprofit entity, public
 corporation, government or governmental subdivision, agency, or instrumentality, or other
 legal entity.
          (6) "Protected individual" means an individual protected by a Canadian domestic
 violence protection order.
          (7) "Record" means information that is inscribed on a tangible medium or that is stored
 in an electronic or other medium and is retrievable in perceivable form.
          (8) "Respondent" means an individual against whom a Canadian domestic violence
 protection order is issued.
          (9) (a) "State" means a state of the United States, the District of Columbia, Puerto
 Rico, the United States Virgin Islands, or any territory or insular possession subject to the
 jurisdiction of the United States.
          (b) "State" includes a federally recognized Indian tribe.
          (10) "Tribunal" means a court, agency, or other entity authorized by law of this state
 other than this part to establish, enforce, or modify a domestic protection order.
          Section 4. Section 78B-7-1202 is enacted to read:
          78B-7-1202. Enforcement of Canadian domestic violence protection order by law
 enforcement officer.
          (1) If a law enforcement officer determines under Subsection (3) or (4) that there is
 probable cause to believe a valid Canadian domestic violence protection order exists and the
 order has been violated, the officer shall enforce the terms of the Canadian domestic violence
 protection order as if the terms were in an order of a tribunal.
          (2) Presentation to a law enforcement officer of a certified copy of a Canadian
 domestic violence protection order is not required for enforcement.
          (3) Presentation to a law enforcement officer of a record of a Canadian domestic
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        H.B. 456                                                                    02-01-24 10:59 AM
 violence protection order that identifies both a protected individual and a respondent, and on its
 face is in effect, constitutes probable cause to believe that a valid order exists.
         (4) If a record of a Canadian domestic violence protection order is not presented as
 provided in Subsection (3), a law enforcement officer may consider other information in
 determining whether there is probable cause to believe that a valid Canadian domestic violence
 protection order exists.
         (5) If a law enforcement officer determines that an otherwise valid Canadian domestic
 violence protection order cannot be enforced because the respondent has not been notified of or
 served with the order, the officer shall notify the protected individual that the officer will make
 reasonable efforts to contact the respondent, consistent with the safety of the protected
 individual.
         (6) After notice to the protected individual and consistent with the safety of the
 individual, the officer shall make a reasonable effort to inform the respondent of the order,
 notify the respondent of the terms of the order, provide a record of the order, if available, to the
 respondent, and allow the respondent a reasonable opportunity to comply with the order before
 the officer enforces the order.
         (7) If a law enforcement officer determines that an individual is a protected individual,
 the officer shall inform the individual of available local victim services.
         Section 5. Section 78B-7-1203 is enacted to read:
         78B-7-1203. Enforcement of Canadian domestic violence protection order by
 tribunal.
         (1) A tribunal may issue an order enforcing or refusing to enforce a Canadian domestic
 violence protection order on application of:
         (a) a person authorized by the law of this state other than this part to seek enforcement
 of a domestic protection order; or
         (b) a respondent.
         (2) In a proceeding under Subsection (1), the tribunal shall follow the procedures of
 this state for enforcement of a domestic protection order.
         (3) An order entered under this section is limited to the enforcement of the terms of the
 Canadian domestic violence protection order as described in Subsection 78B-7-1201(1).
         (4) A Canadian domestic violence protection order is enforceable under this section if: