Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 444 (2016GS)

Sponsor

Rep. Coleman, K.

Final action

House/ filed 3/10/2016

Outcome

Failed / filed without passage

Summary

What it does

• This bill:
• modifies the definition of an offense against property in the Cohabitant Abuse Procedures Act.

Every vote on this bill

Bill text

CODE OF CRIMINAL PROCEDURE AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Kim Coleman
Senate Sponsor: 
 Deidre M. Henderson
LONG TITLE
General Description:
This bill modifies the Utah Code of Criminal Procedure regarding cohabitant abuse.
Highlighted Provisions:
This bill:
▸ modifies the definition of an offense against property in the Cohabitant Abuse
Procedures Act.
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 2015, Chapter 426
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
, committed with the
intent to harass or intimidate a cohabitant, or place a cohabitant in fear of serious bodily injury
;
(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 a
domestic violence 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.
Legislative Review Note
Office of Legislative Research and General Counsel