Enrolled Copy H.B. 53
1 PROTECTIVE ORDER AMENDMENTS
2 2023 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Matthew H. Gwynn
5 Senate Sponsor: Stephanie Pitcher
6
7 LONG TITLE
8 General Description:
9 This bill concerns pretrial protective orders, jail release agreements, and jail release
10 court orders.
11 Highlighted Provisions:
12 This bill:
13 < amends the definitions of "jail release agreement" and "jail release court order";
14 < amends expiration provisions for certain pretrial protective orders;
15 < provides expiration provisions for certain pretrial protective orders; and
16 < makes technical and conforming changes.
17 Money Appropriated in this Bill:
18 None
19 Other Special Clauses:
20 None
21 Utah Code Sections Affected:
22 AMENDS:
23 78B-7-801, as last amended by Laws of Utah 2022, Chapter 430
24 78B-7-803, as last amended by Laws of Utah 2021, Chapter 159
25
26 Be it enacted by the Legislature of the state of Utah:
27 Section 1. Section 78B-7-801 is amended to read:
28 78B-7-801. Definitions.
29 As used in this part:
H.B. 53 Enrolled Copy
30 (1) (a) "Jail release agreement" means a written agreement that is entered into by an
31 individual who is arrested or issued a citation, regardless of whether the individual is booked
32 into jail:
33 (i) under which the arrested or cited individual agrees to not engage in any of the
34 following:
35 (A) telephoning, contacting, or otherwise communicating with the alleged victim,
36 directly or indirectly;
37 (B) threatening or harassing the alleged victim; or
38 (C) knowingly entering onto the premises of the alleged victim's residence or on
39 premises temporarily occupied by the alleged victim, unless, after a law enforcement officer or
40 the law enforcement officer's employing agency notifies or attempts to notify the alleged
41 victim, the individual enters the premises while accompanied by a law enforcement officer for
42 the purpose of retrieving the individual's personal belongings; and
43 (ii) that specifies other conditions of release from jail or arrest.
44 (b) "Jail release agreement" includes a written agreement that includes the conditions
45 described in Section (1)(a) entered into by a minor who is taken into custody or placed in
46 detention or a shelter facility under Section 80-6-201.
47 (2) "Jail release court order" means a written court order that:
48 (a) orders an arrested or cited individual not to engage in any of the following:
49 (i) telephoning, contacting, or otherwise communicating with the alleged victim,
50 directly or indirectly;
51 (ii) threatening or harassing the alleged victim; or
52 (iii) knowingly entering onto the premises of the alleged victim's residence or on
53 premises temporarily occupied by the alleged victim, unless, after a law enforcement officer or
54 the law enforcement officer's employing agency notifies or attempts to notify the alleged
55 victim, the individual enters the premises while accompanied by a law enforcement officer for
56 the purpose of retrieving the individual's personal belongings; and
57 (b) specifies other conditions of release from jail.
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Enrolled Copy H.B. 53
58 (3) "Minor" means the same as that term is defined in Section 80-1-102.
59 (4) "Offense against a child or vulnerable adult" means the commission or attempted
60 commission of an offense described in:
61 (a) Section 76-5-109, child abuse;
62 (b) Section 76-5-109.2, aggravated child abuse;
63 (c) Section 76-5-109.3, child abandonment;
64 (d) Section 76-5-110, abuse or neglect of a child with a disability;
65 (e) Section 76-5-111, abuse of a vulnerable adult;
66 (f) Section 76-5-111.2, aggravated abuse of a vulnerable adult;
67 (g) Section 76-5-111.3, personal dignity exploitation of a vulnerable adult;
68 (h) Section 76-5-111.4, financial exploitation of a vulnerable adult;
69 (i) Section 76-5-114, commission of domestic violence in the presence of a child; or
70 (j) Section 76-9-702.1, sexual battery.
71 (5) "Qualifying offense" means:
72 (a) domestic violence;
73 (b) an offense against a child or vulnerable adult; or
74 (c) the commission or attempted commission of an offense described in Section
75 76-9-702.1 or Title 76, Chapter 5, Part 4, Sexual Offenses.
76 Section 2. Section 78B-7-803 is amended to read:
77 78B-7-803. Pretrial protective orders.
78 (1) (a) When an alleged perpetrator is charged with a crime involving a qualifying
79 offense, the court shall, at the time of the alleged perpetrator's court appearance under Section
80 77-36-2.6:
81 (i) determine the necessity of imposing a pretrial protective order or other condition of
82 pretrial release; and
83 (ii) state the court's findings and determination in writing.
84 (b) Except as provided in Subsection (4), in any criminal case, the court may, during
85 any court hearing where the alleged perpetrator is present, issue a pretrial protective order,
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86 pending trial.
87 (2) A court may include any of the following provisions in a pretrial protective order:
88 (a) an order enjoining the alleged perpetrator from threatening to commit or
89 committing acts of domestic violence or abuse against the victim and any designated family or
90 household member;
91 (b) an order prohibiting the alleged perpetrator from harassing, telephoning, contacting,
92 or otherwise communicating with the victim, directly or indirectly;
93 (c) an order removing and excluding the alleged perpetrator from the victim's residence
94 and the premises of the residence;
95 (d) an order requiring the alleged perpetrator to stay away from the victim's residence,
96 school, or place of employment, and the premises of any of these, or any specified place
97 frequented by the victim and any designated family member;
98 (e) an order for any other relief that the court considers necessary to protect and
99 provide for the safety of the victim and any designated family or household member;
100 (f) an order identifying and requiring an individual designated by the victim to
101 communicate between the alleged perpetrator and the victim if and to the extent necessary for
102 family related matters;
103 (g) an order requiring the alleged perpetrator to participate in an electronic or other
104 type of monitoring program; and
105 (h) if the alleged victim and the alleged perpetrator share custody of one or more minor
106 children, an order for indirect or limited contact to temporarily facilitate parent visitation with a
107 minor child.
108 (3) If the court issues a pretrial protective order, the court shall determine whether to
109 allow provisions for transfer of personal property to decrease the need for contact between the
110 parties.
111 (4) A pretrial protective order issued under this section against an alleged perpetrator
112 who is a minor expires on the earlier of:
113 (a) the day on which [the court issues an order against] the alleged perpetrator is served
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114 with an order issued under Section 78B-7-804 or 78B-7-805;
115 (b) [or otherwise] the day on which the court makes a disposition of the alleged
116 perpetrator's case under Title 80, Chapter 6, Part 7, Adjudication and Disposition; or
117 [(b)] (c) the day on which the juvenile court terminates jurisdiction.
118 (5) A pretrial protective order issued under this section against an alleged perpetrator
119 who is not a minor expires on the earliest of:
120 (a) the day on which the court dismisses the case;
121 (b) the day on which the court dismisses the pretrial protective order; or
122 (c) the day on which the alleged perpetrator is served with an order issued under
123 Section 78B-7-804 or 78B-7-805.
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Statutes affected: H.B. 53 1st Substitute (Not Adopted) Text: 78B-7-801, 78B-7-803
Enrolled: 78B-7-801, 78B-7-803
Introduced: 78B-7-801, 78B-7-803