Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 99 (2018GS)

Sponsor

Sen. Christensen, A.

Final action

Senate/ filed 3/8/2018

Outcome

Failed / filed without passage

Summary

What it does

• This bill:
• adds animal cruelty to the list of offenses that may qualify as a domestic violence offense.

Every vote on this bill

Bill text

DOMESTIC VIOLENCE REVISIONS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Allen M. Christensen
House Sponsor: 
 Scott D. Sandall
LONG TITLE
General Description:
This bill adds animal cruelty to the list of offenses that may qualify as a domestic
violence offense.
Highlighted Provisions:
This bill:
▸ adds animal cruelty to the list of offenses that may qualify as 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 2017, Chapters 289 and 332
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, Title 76, Chapter 6, Part 2, Burglary and Criminal Trespass, or Title 76, Chapter 6,
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 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) child abuse as described in Section 
76-5-109.1
[
.
]
; or
(q) cruelty to animals, as described in Subsection 
76-9-301
(4).
(5) "Jail release agreement" means the same as that term is defined in Section
77-20-3.5.
(6) "Jail release court order" means the same as that term is defined in Section
77-20-3.5
.
(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.
[
(11)
] 
(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 
77-20-3.5
(3),
Subsection 
77-36-2.6
(3), or Section 
77-36-2.7
, pending trial in the criminal case.
[
(10)
] 
(11)
 "Protective order" includes an order issued under Subsection 
77-36-5.1
(6).
(12) "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
.
(13) "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.
(14) "Victim" means a cohabitant who has been subjected to domestic violence.
Legislative Review Note
Office of Legislative Research and General Counsel