Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 323 First Substitute (2017GS)

Sponsor

Rep. Coleman, K.

Final action

House/ filed 3/9/2017

Outcome

Failed / filed without passage

Summary

What it does

• This bill:
• modifies the definition of "domestic violence" or "domestic violence offense."

Every vote on this bill

Bill text

CODE OF CRIMINAL PROCEDURE AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Kim F. Coleman
Senate Sponsor: 
____________
LONG TITLE
General Description:
This bill modifies the Utah Code of Criminal Procedure regarding cohabitant abuse.
Highlighted Provisions:
This bill:
▸ modifies the definition of "domestic violence" or "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 2016, Chapter 422
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" means the same as that term is defined 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 
-- Offenses
;
(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, 
committed with the intent to harass or intimidate a cohabitant, or place a
cohabitant in fear of serious bodily injury;
(m) any offense against property described in
 Title 76, Chapter 6, Part 2, Burglary and
Criminal Trespass, or Title 76, Chapter 6, Part 3, Robbery;
[
(m)
] 
(n)
 possession of a deadly weapon with intent to assault, as described in Section
76-10-507
;
[
(n)
] 
(o)
 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)
] 
(p)
 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. Sec. 921, and is exempt from the provisions of the federal Firearms Act, 18 U.S.C. Sec.
921 et seq.; [
or
]
[
(p)
] 
(q)
 child abuse
,
 as described in Section 
76-5-109.1
[
.
]
;
(r) threatening with or using a dangerous weapon, as described in Section 
76-10-506
;
(s) threat of violence, as described in Section 
76-5-107
;
(t) tampering with a witness, as described in Section 
76-8-508
; or
(u) retaliation against a witness or victim, as described in Section 
76-8-508.3
.
(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
] 
an individual who is
 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
] 
an individual
 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
(2),
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
] 
an individual
 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