Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 59 (2015GS)

Sponsor

Sen. Weiler, T.

Final action

Governor Signed 3/31/2015

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• amends provisions related to a plea of guilty or no contest to a domestic violence offense.

Every vote on this bill

Bill text

DOMESTIC VIOLENCE AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Todd Weiler
House Sponsor: 
Angela Romero
LONG TITLE
General Description:
This bill modifies provisions in the Cohabitant Abuse Procedures Act.
Highlighted Provisions:
This bill:
▸ amends provisions related to a plea of guilty or no contest to a domestic violence
offense.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
77-36-1
, as last amended by Laws of Utah 2012, Chapter 39
77-36-1.1
, as last amended by Laws of Utah 2005, Chapter 55
ENACTS:
77-36-1.2
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
77-36-1
 is amended to read:
77-36-1.
Definitions.
As used in this chapter:
(1) "Cohabitant" has the same meaning as in Section 
78B-7-102
.
(2) "Department" means the Department of Public Safety.
(3) "Divorced" means an individual who has obtained a divorce under Title 30, Chapter
3, Divorce.
(4) "Domestic violence" 
or "domestic violence offense"
 means any criminal offense
involving violence or physical harm or threat of violence or physical harm, or any attempt,
conspiracy, or solicitation to commit a criminal offense involving violence or physical harm,
when committed by one cohabitant against another. "Domestic violence" 
or "domestic
violence offense"
 also means commission or attempt to commit, any of the following offenses
by one cohabitant against another:
(a) aggravated assault, as described in Section 
76-5-103
;
(b) assault, as described in Section 
76-5-102
;
(c) criminal homicide, as described in Section 
76-5-201
;
(d) harassment, as described in Section 
76-5-106
;
(e) electronic communication harassment, as described in Section 
76-9-201
;
(f) kidnapping, child kidnapping, or aggravated kidnapping, as described in Sections
76-5-301
, 
76-5-301.1
, and 
76-5-302
;
(g) mayhem, as described in Section 
76-5-105
;
(h) sexual offenses, as described in Title 76, Chapter 5, Part 4, Sexual Offenses, and
Section 
76-5b-201
, Sexual Exploitation of a Minor;
(i) stalking, as described in Section 
76-5-106.5
;
(j) unlawful detention or unlawful detention of a minor, as described in Section
76-5-304
;
(k) violation of a protective order or ex parte protective order, as described in Section
76-5-108
;
(l) any offense against property described in Title 76, Chapter 6, Part 1, Property
Destruction, Part 2, Burglary and Criminal Trespass, or Part 3, Robbery;
(m) possession of a deadly weapon with intent to assault, as described in Section
76-10-507
;
(n) discharge of a firearm from a vehicle, near a highway, or in the direction of any
person, building, or vehicle, as described in Section 
76-10-508
;
(o) disorderly conduct, as defined in Section 
76-9-102
, if a conviction of disorderly
conduct is the result of a plea agreement in which the defendant was originally charged with
[
any of the
] 
a
 domestic violence [
offenses
] 
offense
 otherwise described in this Subsection (4). 
Conviction of disorderly conduct as a domestic violence offense, in the manner described in
this Subsection (4)(o), does not constitute a misdemeanor crime of domestic violence under 18
U.S.C. Section 921, and is exempt from the provisions of the federal Firearms Act, 18 U.S.C.
Section 921 et seq.; or
(p) child abuse as described in Section 
76-5-109.1
.
(5) "Jail release agreement" means a written agreement:
(a) specifying and limiting the contact a person arrested for a domestic violence offense
may have with an alleged victim or other specified individuals; and
(b) specifying other conditions of release from jail as required in Subsection
77-36-2.5
(2).
(6) "Jail release court order" means a written court order:
(a) specifying and limiting the contact a person arrested for a domestic violence offense
may have with an alleged victim or other specified individuals; and
(b) specifying other conditions of release from jail as required in Subsection
77-36-2.5
(2).
(7) "Marital status" means married and living together, divorced, separated, or not
married.
(8) "Married and living together" means a man and a woman whose marriage was
solemnized under Section 
30-1-4
 or 
30-1-6
 and who are living in the same residence.
(9) "Not married" means any living arrangement other than married and living together,
divorced, or separated.
(10) "Pretrial protective order" means a written order:
(a) specifying and limiting the contact a person who has been charged with a domestic
violence offense may have with an alleged victim or other specified individuals; and
(b) specifying other conditions of release pursuant to Subsection 
77-36-2.5
(3)(c),
Subsection 
77-36-2.6
(3), or Section 
77-36-2.7
, pending trial in the criminal case.
(11) "Sentencing protective order" means a written order of the court as part of
sentencing in a domestic violence case that limits the contact a person who has been convicted
of a domestic violence offense may have with a victim or other specified individuals pursuant
to Sections 
77-36-5
 and 
77-36-5.1
.
(12) "Separated" means a man and a woman who have had their marriage solemnized
under Section 
30-1-4
 or 
30-1-6
 and who are not living in the same residence.
(13) "Victim" means a cohabitant who has been subjected to domestic violence.
Section 2. Section 
77-36-1.1
 is amended to read:
77-36-1.1.
Enhancement of offense and penalty for subsequent domestic violence
offenses.
(1) For purposes of this section, "qualifying domestic violence offense" means:
(a) a domestic violence offense in Utah; or
(b) an offense in any other state, or in any district, possession, or territory of the United
States, that would be a domestic violence offense under Utah law.
(2) A person who is convicted of a domestic violence offense is:
(a) guilty of a class B misdemeanor if:
(i) the domestic violence offense described in this Subsection (2) is designated by law
as a class C misdemeanor; and
(ii) (A) the domestic violence offense described in this Subsection (2) is committed
within five years after the person is convicted of a qualifying domestic violence offense; or
(B) the person is convicted of the domestic violence offense described in this
Subsection (2) within five years after the person is convicted of a qualifying domestic violence
offense;
(b) guilty of a class A misdemeanor if:
(i) the domestic violence offense described in this Subsection (2) is designated by law
as a class B misdemeanor; and
(ii) (A) the domestic violence offense described in this Subsection (2) is committed
within five years after the person is convicted of a qualifying domestic violence offense; or
(B) the person is convicted of the domestic violence offense described in this
Subsection (2) within five years after the person is convicted of a qualifying domestic violence
offense; or
(c) guilty of a felony of the third degree if:
(i) the domestic violence offense described in this Subsection (2) is designated by law
as a class A misdemeanor; and
(ii) (A) the domestic violence offense described in this Subsection (2) is committed
within five years after the person is convicted of a qualifying domestic violence offense; or
(B) the person is convicted of the domestic violence offense described in this
Subsection (2) within five years after the person is convicted of a qualifying domestic violence
offense.
[
(3) For purposes of this section, a plea of guilty or no contest to any qualifying
domestic violence offense in Utah which plea is held in abeyance under Title 77, Chapter 2a,
Pleas in Abeyance, is the equivalent of a conviction, even if the charge has been subsequently
reduced or dismissed in accordance with the plea in abeyance agreement.
]
Section 3. Section 
77-36-1.2
 is enacted to read:
 77-36-1.2.
Acceptance of a plea of guilty or no contest to domestic violence --
Restrictions.
(1) For purposes of this section, "qualifying domestic violence offense" means:
(a) a domestic violence offense in Utah; or
(b) an offense in any other state, or in any district, possession, or territory of the United
States, that would be a domestic violence offense under Utah law.
(2) For purposes of this section and Section 
77-36-1.1
, a plea of guilty or no contest to
any domestic violence offense in Utah, which plea is held in abeyance under Title 77, Chapter
2a, Pleas in Abeyance, is the equivalent of a conviction, even if the charge has been
subsequently reduced or dismissed in accordance with the plea in abeyance agreement.
(3) (a) Before agreeing to a plea of guilty or no contest or to filing an information, the
prosecutor shall examine the criminal history of the defendant.
(b) The court may not accept a plea of guilty or no contest to a domestic violence
offense, unless:
(i) the prosecutor agrees to the plea:
(A) in open court;
(B) in writing; or
(C) by another means of communication that the court finds adequate to record the
prosecutor's agreement; or
(ii) (A) the domestic violence offense is filed by information;
(B) the court receives a copy of the defendant's criminal history; and
(C) the criminal history contains no record of a conviction or a pending charge of a
qualifying domestic violence offense within five years before the date on which the plea is
entered.
(c) A plea of guilty or no contest is not made invalid by the failure of a court, a
prosecutor, or a law enforcement agency to comply with this section.