LEGISLATIVE GENERAL COUNSEL H.B. 523
6 Approved for Filing: A. Houston 6
6 02-09-24 8:49 AM 6
1 DOMESTIC VIOLENCE REVISIONS
2 2024 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Andrew Stoddard
5 Senate Sponsor: ____________
6
7 LONG TITLE
8 General Description:
9 This bill amends provisions related to domestic violence.
10 Highlighted Provisions:
11 This bill:
12 < amends definitions related to domestic violence; and
13 < makes technical and conforming changes.
14 Money Appropriated in this Bill:
15 None
16 Other Special Clauses:
17 None
18 Utah Code Sections Affected:
19 AMENDS:
20 77-36-1, as last amended by Laws of Utah 2022, Chapters 185, 430
21 78B-7-102, as last amended by Laws of Utah 2023, Chapter 170
22
23 Be it enacted by the Legislature of the state of Utah:
24 Section 1. Section 77-36-1 is amended to read:
25 77-36-1. Definitions.
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26 As used in this chapter:
27 (1) "Cohabitant" means the same as that term is defined in Section 78B-7-102.
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28 (2) "Department" means the Department of Public Safety.
29 (3) "Divorced" means an individual who has obtained a divorce under Title 30, Chapter
30 3, Divorce.
31 (4) "Domestic violence" or "domestic violence offense" means any criminal offense
32 involving violence or physical harm or threat of violence or physical harm, or any attempt,
33 conspiracy, or solicitation to commit a criminal offense involving violence or physical harm,
34 when committed by one cohabitant against another. "Domestic violence" or "domestic
35 violence offense" includes commission or attempt to commit, any of the following offenses by
36 one cohabitant against another:
37 (a) aggravated assault, as described in Section 76-5-103;
38 (b) aggravated cruelty to an animal, as described in Subsection 76-9-301(4), with the
39 intent to harass or threaten the other cohabitant;
40 (c) assault, as described in Section 76-5-102;
41 (d) criminal homicide, as described in Section 76-5-201;
42 (e) harassment, as described in Section 76-5-106;
43 (f) electronic communication harassment, as described in Section 76-9-201;
44 (g) kidnapping, child kidnapping, or aggravated kidnapping, as described in Sections
45 76-5-301, 76-5-301.1, and 76-5-302;
46 (h) mayhem, as described in Section 76-5-105;
47 (i) sexual offenses, as described in Title 76, Chapter 5, Part 4, Sexual Offenses, and
48 sexual exploitation of a minor and aggravated sexual exploitation of a minor, as described in
49 Sections 76-5b-201 and 76-5b-201.1;
50 (j) stalking, as described in Section 76-5-106.5;
51 (k) unlawful detention or unlawful detention of a minor, as described in Section
52 76-5-304;
53 (l) violation of a protective order or ex parte protective order, as described in Section
54 76-5-108;
55 (m) any offense against property described in Title 76, Chapter 6, Part 1, Property
56 Destruction, Title 76, Chapter 6, Part 2, Burglary and Criminal Trespass, or Title 76, Chapter 6,
57 Part 3, Robbery;
58 (n) possession of a deadly weapon with criminal intent, as described in Section
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59 76-10-507;
60 (o) discharge of a firearm from a vehicle, near a highway, or in the direction of any
61 person, building, or vehicle, as described in Section 76-10-508;
62 (p) disorderly conduct, as defined in Section 76-9-102, if a conviction or adjudication
63 of disorderly conduct is the result of a plea agreement in which the perpetrator was originally
64 charged with a domestic violence offense otherwise described in this Subsection (4), except
65 that a conviction or adjudication of disorderly conduct as a domestic violence offense, in the
66 manner described in this Subsection (4)(p), does not constitute a misdemeanor crime of
67 domestic violence under 18 U.S.C. Sec. 921, and is exempt from the federal Firearms Act, 18
68 U.S.C. Sec. 921 et seq.;
69 (q) child abuse, as described in [Section] Sections 76-5-109, 76-5-109.2, 76-5-110, and
70 76-5-114;
71 (r) abuse of a vulnerable adult, as described in Sections 76-5-111, 76-5-111.2,
72 76-5-111.3, and 76-5-111.4;
73 [(r)] (s) threatening use of a dangerous weapon, as described in Section 76-10-506;
74 [(s)] (t) threatening violence, as described in Section 76-5-107;
75 [(t)] (u) tampering with a witness, as described in Section 76-8-508;
76 [(u)] (v) retaliation against a witness or victim, as described in Section 76-8-508.3;
77 [(v)] (w) unlawful distribution of an intimate image, as described in Section 76-5b-203,
78 or unlawful distribution of a counterfeit intimate image, as described in Section 76-5b-205;
79 [(w)] (x) sexual battery, as described in Section 76-9-702.1;
80 [(x)] (y) voyeurism, as described in Section 76-9-702.7;
81 [(y)] (z) damage to or interruption of a communication device, as described in Section
82 76-6-108; or
83 [(z)] (aa) an offense described in Subsection 78B-7-806(1).
84 (5) "Jail release agreement" means the same as that term is defined in Section
85 78B-7-801.
86 (6) "Jail release court order" means the same as that term is defined in Section
87 78B-7-801.
88 (7) "Marital status" means married and living together, divorced, separated, or not
89 married.
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90 (8) "Married and living together" means a couple whose marriage was solemnized
91 under Section 30-1-4 or 30-1-6 and who are living in the same residence.
92 (9) "Not married" means any living arrangement other than married and living together,
93 divorced, or separated.
94 (10) "Protective order" includes an order issued under Subsection 78B-7-804(3).
95 (11) "Pretrial protective order" means a written order:
96 (a) specifying and limiting the contact a person who has been charged with a domestic
97 violence offense may have with an alleged victim or other specified individuals; and
98 (b) specifying other conditions of release under Section 78B-7-802 or 78B-7-803,
99 pending trial in the criminal case.
100 (12) "Sentencing protective order" means a written order of the court as part of
101 sentencing in a domestic violence case that limits the contact an individual who is convicted or
102 adjudicated of a domestic violence offense may have with a victim or other specified
103 individuals under Section 78B-7-804.
104 (13) "Separated" means a couple who have had their marriage solemnized under
105 Section 30-1-4 or 30-1-6 and who are not living in the same residence.
106 (14) "Victim" means a cohabitant who has been subjected to domestic violence.
107 Section 2. Section 78B-7-102 is amended to read:
108 78B-7-102. Definitions.
109 As used in this chapter:
110 (1) "Abuse" means, except as provided in Section 78B-7-201, intentionally or
111 knowingly causing or attempting to cause another individual physical harm or intentionally or
112 knowingly placing another individual in reasonable fear of imminent physical harm.
113 (2) "Affinity" means the same as that term is defined in Section 76-1-101.5.
114 (3) "Civil protective order" means an order issued, subsequent to a hearing on the
115 petition, of which the petitioner and respondent have been given notice, under:
116 (a) Part 2, Child Protective Orders;
117 (b) Part 4, Dating Violence Protective Orders;
118 (c) Part 5, Sexual Violence Protective Orders;
119 (d) Part 6, Cohabitant Abuse Protective Orders; or
120 (e) Part 11, Workplace Violence Protective Orders.
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121 (4) "Civil stalking injunction" means a stalking injunction issued under Part 7, Civil
122 Stalking Injunctions.
123 (5) (a) "Cohabitant" means an emancipated individual under Section 15-2-1 or an
124 individual who is 16 years old or older who:
125 (i) is or was a spouse of the other party;
126 (ii) is or was living as if a spouse of the other party;
127 (iii) is related by blood or marriage to the other party as the individual's parent,
128 grandparent, sibling, or any other individual related to the individual by consanguinity or
129 affinity to the second degree;
130 (iv) has or had one or more children in common with the other party;
131 (v) is the biological parent of the other party's unborn child;
132 (vi) resides or has resided in the same residence as the other party; or
133 (vii) is or was in a consensual sexual relationship with the other party.
134 (b) "Cohabitant" does not include[:]
135 [(i) the relationship of natural parent, adoptive parent, or step-parent to a minor; or]
136 [(ii)] the relationship between natural, adoptive, step, or foster siblings who are both
137 under 18 years old.
138 (6) "Consanguinity" means the same as that term is defined in Section 76-1-101.5.
139 (7) "Criminal protective order" means an order issued under Part 8, Criminal Protective
140 Orders.
141 (8) "Criminal stalking injunction" means a stalking injunction issued under Part 9,
142 Criminal Stalking Injunctions.
143 (9) "Court clerk" means a district court clerk.
144 (10) (a) "Dating partner" means an individual who:
145 (i) (A) is an emancipated individual under Section 15-2-1 or Title 80, Chapter 7,
146 Emancipation; or
147 (B) is 18 years old or older; and
148 (ii) is, or has been, in a dating relationship with the other party.
149 (b) "Dating partner" does not include an intimate partner.
150 (11) (a) "Dating relationship" means a social relationship of a romantic or intimate
151 nature, or a relationship which has romance or intimacy as a goal by one or both parties,
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152 regardless of whether the relationship involves sexual intimacy.
153 (b) "Dating relationship" does not include casual fraternization in a business,
154 educational, or social context.
155 (c) In determining, based on a totality of the circumstances, whether a dating
156 relationship exists:
157 (i) all relevant factors shall be considered, including:
158 (A) whether the parties developed interpersonal bonding above a mere casual
159 fraternization;
160 (B) the length of the parties' relationship;
161 (C) the nature and the frequency of the parties' interactions, including communications
162 indicating that the parties intended to begin a dating relationship;
163 (D) the ongoing expectations of the parties, individual or jointly, with respect to the
164 relationship;
165 (E) whether, by statement or conduct, the parties demonstrated an affirmation of their
166 relationship to others; and
167 (F) whether other reasons exist that support or detract from a finding that a dating
168 relationship exists; and
169 (ii) it is not necessary that all, or a particular number, of the factors described in
170 Subsection (11)(c)(i) are found to support the existence of a dating relationship.
171 (12) "Domestic violence" means the same as that term is defined in Section 77-36-1.
172 (13) "Ex parte civil protective order" means an order issued without notice to the
173 respondent under:
174 (a) Part 2, Child Protective Orders;
175 (b) Part 4, Dating Violence Protective Orders;
176 (c) Part 5, Sexual Violence Protective Orders;
177 (d) Part 6, Cohabitant Abuse Protective Orders; or
178 (e) Part 11, Workplace Violence Protective Orders.
179 (14) "Ex parte civil stalking injunction" means a stalking injunction issued without
180 notice to the respondent under Part 7, Civil Stalking Injunctions.
181 (15) "Foreign protection order" means the same as that term is defined in Section
182 78B-7-302.
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183 (16) "Household animal" means an animal that is tamed and kept as a pet.
184 (17) "Intimate partner" means the same as that term is defined in 18 U.S.C. Sec. 921.
185 (18) "Law enforcement unit" or "law enforcement agency" means any public agency
186 having general police power and charged with making arrests in connection with enforcement
187 of the criminal statutes and ordinances of this state or any political subdivision.
188 (19) "Peace officer" means those individuals specified in Title 53, Chapter 13, Peace
189 Officer Classifications.
190 (20) "Qualifying domestic violence offense" means the same as that term is defined in
191 Section 77-36-1.1.
192 (21) "Respondent" means the individual against whom enforcement of a protective
193 order is sought.
194 (22) "Stalking" means the same as that term is defined in Section 76-5-106.5.
195 Section 3. Effective date.
196 This bill takes effect on May 1, 2024.
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Statutes affected: Introduced: 77-36-1, 78B-7-102