Bill Summary – FastDemocracy

Enrolled Copy                                                                        S.B. 117
                          DOMESTIC VIOLENCE AMENDMENTS
                                     2023 GENERAL SESSION
                                          STATE OF UTAH
                               Chief Sponsor: Todd D. Weiler
                                House Sponsor: Ryan D. Wilcox
 Cosponsor:
 Evan J. Vickers
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 LONG TITLE
 General Description:
        This bill amends provisions relating to domestic violence.
 Highlighted Provisions:
        This bill:
        < requires a law enforcement officer to conduct a lethality assessment when
 responding to a report of domestic violence between intimate partners;
        < describes the protocol for a lethality assessment;
        < requires a law enforcement officer who conducts a lethality assessment to:
            C   include the results of the assessment with a probable cause statement and
 incident report; and
            C   submit the results to the Department of Public Safety;
        < requires the Department of Public Safety to:
            C   develop and maintain a reporting mechanism by which law enforcement can
 submit lethality assessment data;
            C   provide analytical support to a law enforcement officer who submits the results
 of a lethality assessment;
            C   create and maintain a database of lethality assessment data; and
            C   in coordination with the Administrative Office of the Courts, provide
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 information and training to certain court personnel regarding lethality assessments;
        < includes a lethality assessment as part of the information that may be considered as
 part of pretrial processes; and
        < makes technical and conforming changes.
 Money Appropriated in this Bill:
        This bill appropriates:
        < to the Department of Public Safety -- Programs and Operations -- Department
 Intelligence Center, as a one-time appropriation:
            C   from the General Fund, One-time, $100,000; and
        < to the Department of Public Safety -- Programs and Operations -- Department
 Intelligence Center, as an ongoing appropriation:
            C   from the General Fund, $1,205,000.
 Other Special Clauses:
        None
 Utah Code Sections Affected:
 AMENDS:
        53-1-106, as last amended by Laws of Utah 2021, Chapters 344, 360
        77-20-202, as enacted by Laws of Utah 2021, Second Special Session, Chapter 4
        77-20-205, as enacted by Laws of Utah 2021, Second Special Session, Chapter 4
        77-36-2.1, as last amended by Laws of Utah 2020, Chapter 142
        77-36-2.2, as last amended by Laws of Utah 2022, Chapter 430
        78B-7-120, as enacted by Laws of Utah 2021, Chapter 180
        78B-7-803, as last amended by Laws of Utah 2021, Chapter 159
51
 Be it enacted by the Legislature of the state of Utah:
        Section 1. Section 53-1-106 is amended to read:
        53-1-106. Department duties -- Powers.
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        (1) In addition to the responsibilities contained in this title, the department shall:
        (a) make rules and perform the functions specified in Title 41, Chapter 6a, Traffic
 Code, including:
        (i) setting performance standards for towing companies to be used by the department,
 as required by Section 41-6a-1406; and
        (ii) advising the Department of Transportation regarding the safe design and operation
 of school buses, as required by Section 41-6a-1304;
        (b) make rules to establish and clarify standards pertaining to the curriculum and
 teaching methods of a motor vehicle accident prevention course under Section 31A-19a-211;
        (c) aid in enforcement efforts to combat drug trafficking;
        (d) meet with the Division of Technology Services to formulate contracts, establish
 priorities, and develop funding mechanisms for dispatch and telecommunications operations;
        (e) provide assistance to the Crime Victim Reparations Board and the Utah Office for
 Victims of Crime in conducting research or monitoring victims' programs, as required by
 Section 63M-7-505;
        (f) develop sexual assault exam protocol standards in conjunction with the Utah
 Hospital Association;
        (g) engage in emergency planning activities, including preparation of policy and
 procedure and rulemaking necessary for implementation of the federal Emergency Planning
 and Community Right to Know Act of 1986, as required by Section 53-2a-702;
        (h) implement the provisions of Section 53-2a-402, the Emergency Management
 Assistance Compact;
        (i) ensure that any training or certification required of a public official or public
 employee, as those terms are defined in Section 63G-22-102, complies with Title 63G, Chapter
 22, State Training and Certification Requirements, if the training or certification is required:
        (i) under this title;
        (ii) by the department; or
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        (iii) by an agency or division within the department;
        (j) employ a law enforcement officer as a public safety liaison to be housed at the State
 Board of Education who shall work with the State Board of Education to:
        (i) support training with relevant state agencies for school resource officers as
 described in Section 53G-8-702;
        (ii) coordinate the creation of model policies and memorandums of understanding for a
 local education agency and a local law enforcement agency; and
        (iii) ensure cooperation between relevant state agencies, a local education agency, and
 a local law enforcement agency to foster compliance with disciplinary related statutory
 provisions, including Sections 53E-3-516 and 53G-8-211; [and]
        (k) provide for the security and protection of public officials, public officials' staff, and
 the capitol hill complex in accordance with the provisions of this part[.]; and
        (l) fulfill the duties described in Sections 77-36-2.1 and 78B-7-120 related to lethality
 assessments.
        (2) (a) The department shall establish a schedule of fees as required or allowed in this
 title for services provided by the department.
        (b) All fees not established in statute shall be established in accordance with Section
 63J-1-504.
        (3) The department may establish or contract for the establishment of an Organ
 Procurement Donor Registry in accordance with Section 26-28-120.
        Section 2. Section 77-20-202 is amended to read:
        77-20-202. Collection of pretrial information.
        (1) On or after May 4, 2022, when an individual is arrested without a warrant for an
 offense and booked at a jail facility, an employee at the jail facility, or an employee of a pretrial
 services program, shall submit the following information to the court with the probable cause
 statement to the extent that the information is reasonably available to the employee:
        (a) identification information for the individual, including:
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        (i) the individual's legal name and any known aliases;
        (ii) the individual's date of birth;
        (iii) the individual's state identification number;
        (iv) the individual's mobile phone number; and
        (v) the individual's email address;
        (b) the individual's residential address;
        (c) any pending criminal charge or warrant for the individual, including the offense
 tracking number of the current offense for which the individual is booked;
        (d) the individual's probation or parole supervision status;
        (e) whether the individual was on pretrial release for another criminal offense prior to
 the booking of the individual for the current criminal offense;
        (f) the individual's financial circumstances to the best of the individual's knowledge at
 the time of booking, including:
        (i) the individual's current employer;
        (ii) the individual's monthly income, including any alimony or child support that
 contributes to the individual's monthly income;
        (iii) the individual's monthly expenses, including any alimony or child support
 obligation that the individual is responsible for paying;
        (iv) the individual's ownership of, or any interest in, personal or real property,
 including any savings or checking accounts or cash;
        (v) the number, ages, and relationships of any dependents;
        (vi) any financial support or benefit that the individual receives from a state or federal
 government; and
        (vii) any other information about the individual's financial circumstances that may be
 relevant; [and]
        (g) any ties the individual has to the community, including:
        (i) the length of time that the individual has been at the individual's residential address;
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        (ii) any enrollment in a local college, university, or trade school; and
        (iii) the name and contact information for any family member or friend that the
 individual believes would be willing to provide supervision of the individual[.]; and
        (h) the results of a lethality assessment completed in accordance with Section
 77-36-2.1, if any.
        (2) Upon request, the jail facility, or the pretrial services program, shall provide the
 information described in Subsection (1) to the individual, the individual's attorney, or the
 prosecuting attorney.
        (3) Any information collected from an individual under Subsection (1) is inadmissible
 in any court proceeding other than:
        (a) a criminal proceeding addressing the individual's pretrial release or indigency for
 the offense, or offenses, for which the individual was arrested or charged with; or
        (b) another criminal proceeding regarding prosecution for providing a false statement
 under Subsection (1).
        (4) Nothing in this section prohibits a court and a county from entering into an
 agreement regarding information to be submitted to the court with a probable cause statement.
        Section 3. Section 77-20-205 is amended to read:
        77-20-205. Pretrial release by a magistrate or judge.
        (1) (a) At the time that a magistrate issues a warrant of arrest, or finds there is probable
 cause to support the individual's arrest under Rule 9 of the Utah Rules of Criminal Procedure,
 the magistrate shall issue a temporary pretrial status order that:
        (i) releases the individual on the individual's own recognizance during the time the
 individual awaits trial or other resolution of criminal charges;
        (ii) designates a condition, or a combination of conditions, to be imposed upon the
 individual's release during the time the individual awaits trial or other resolution of criminal
 charges; or
        (iii) orders the individual be detained during the time the individual awaits trial or
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 other resolution of criminal charges.
         (b) At the time that a magistrate issues a summons, the magistrate may issue a
 temporary pretrial status order that:
         (i) releases the individual on the individual's own recognizance during the time the
 individual awaits trial or other resolution of criminal charges; or
         (ii) designates a condition, or a combination of conditions, to be imposed upon the
 individual's release during the time the individual awaits trial or other resolution of criminal
 charges.
         (2) (a) Except as provided in Subsection (2)(c), at an individual's first appearance
 before the court, the magistrate or judge shall issue a pretrial status order that:
         (i) releases the individual on the individual's own recognizance during the time the
 individual awaits trial or other resolution of criminal charges;
         (ii) designates a condition, or a combination of conditions, to be imposed upon the
 individual's release during the time the individual awaits trial or other resolution of criminal
 charges; or
         (iii) orders the individual be detained during the time the individual awaits trial or
 other resolution of criminal charges.
         (b) In making a determination under Subsection (2)(a), the magistrate or judge may not
 give any deference to a magistrate's decision in a temporary pretrial status order.
         (c) The magistrate or judge shall delay the issuance of a pretrial status order described
 in Subsection (2)(a):
         (i) until a pretrial detention hearing is held if a prosecuting attorney makes a motion for
 pretrial detention as described in Section 77-20-206;
         (ii) if a party requests a delay; or
         (iii) if there is good cause to delay the issuance.
         (d) If a magistrate or judge delays the issuance of a pretrial status order under
 Subsection (2)(c), the magistrate or judge shall extend the temporary pretrial status order until
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 the issuance of a pretrial status order.
         (3) In making a determination about pretrial release under Subsection (1) or (2), a
 magistrate or judge shall impose only conditions of release that are reasonably available and
 necessary to reasonably ensure:
         (a) the individual's appearance in court when required;
         (b) the safety of any witnesses or victims of the offense allegedly committed by the
 individual;
         (c) the safety and welfare of the public; and
         (d) that the individual will not obstruct, or attempt to obstruct, the criminal justice
 process.
         (4) Except as provided in Subsection (5), a magistrate or judge may impose a
 condition, or combination of conditions, under Subsection (1) or (2) that requires an individual
 to:
         (a) not commit a federal, state, or local offense during the period of pretrial release;
         (b) avoid contact with a victim of the alleged offense;
         (c) avoid contact with a witness who:
         (i) may testify concerning the alleged offense; and
         (ii) is named in the pretrial status order;
         (d) not consume alcohol or any narcotic drug or other controlled substance unless
 prescribed by a licensed medical practitioner;
         (e) submit to drug or alcohol testing;
         (f) complete a substance abuse evaluation and comply with any recommended
 treatment or release program;
         (g) submit to electronic monitoring or location device tracking;
         (h) participate in inpatient or outpatient medical, behavioral, psychological, or
 psychiatric treatment;
         (i) maintain employment or actively seek employment if unemployed;
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           (j) maintain or commence an education program;
           (k) comply with limitations on where the individual is allowed to be located or the
 times that the individual shall be, or may not be, at a specified location;
           (l) comply with specified restrictions on personal associations, place of residence, or
 travel;
           (m) report to a law enforcement agency, pretrial services program, or other designated
 agency at a specified frequency or on specified dates;
           (n) comply with a specified curfew;
           (o) forfeit or refrain from possession of a firearm or other dangerous weapon;
           (p) if the individual is charged with an offense against a child, limit or prohibit access
 to any location or occupation where children are located, including any residence where
 children are on the premises, activities where children are involved, locations where children
 congregate, or where a reasonable person would know that children congregate;
           (q) comply with requirements for house arrest;
           (r) return to custody for a specified period of time following release for employment,
 schooling, or other limited purposes;
           (s) remain in custody of one or more designated individuals who agree to:
           (i) supervise and report on the behavior and activities of the individual; and
           (ii) encourage compliance with all court orders and attendance at all required court
 proceedings;
           (t) comply with a financial condition; or
           (u) comply with any other condition that is reasonably available and necessary