Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 403 Second Substitute (2020GS)

Sponsor

Rep. Snow, V. L.

Final action

Governor Signed 3/24/2020

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• creates and modifies definitions;
• amends provisions relating to an individual's right to bail after violation of a jail release agreement or jail release court order;
• amends provisions relating to the Administrative Office of the Court's duty to provide forms to an individual seeking a civil protective order or civil stalking injunction;
• extends the length of time the following are effective:
• a child protective order;
• a dating violence protective order;
• a sexual violence protective order; and
• a cohabitant abuse protective order;
• modifies the circumstances under which a child protective order may be sought, modified, or vacated;
• modifies the time period within which a court shall set a hearing for a petition for a dating violence protective order and a cohabitant abuse protective order after denial of an ex parte protective order;
• modifies and deletes provisions relating to expiration of a cohabitant abuse protective order;
• modifies the circumstances under which a sexual violence protective order may be extended;
• modifies the penalty for a violation of a sentencing protective order and a continuous protective order;

Every vote on this bill

Bill text

PROTECTIVE ORDER AND STALKING INJUNCTION
AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: V. Lowry Snow
Senate Sponsor: 
 Todd Weiler
LONG TITLE
General Description:
This bill addresses protective orders and stalking injunctions.
Highlighted Provisions:
This bill:
▸ creates and modifies definitions;
▸ amends provisions relating to an individual's right to bail after violation of a jail
release agreement or jail release court order;
▸ amends provisions relating to the Administrative Office of the Court's duty to
provide forms to an individual seeking a civil protective order or civil stalking
injunction;
▸ extends the length of time the following are effective:
• a child protective order;
• a dating violence protective order;
• a sexual violence protective order; and
• a cohabitant abuse protective order;
▸ modifies the circumstances under which a child protective order may be sought,
modified, or vacated;
▸ modifies the time period within which a court shall set a hearing for a petition for a
dating violence protective order and a cohabitant abuse protective order after denial
of an ex parte protective order;
▸ modifies and deletes provisions relating to expiration of a cohabitant abuse
protective order;
▸ modifies the circumstances under which a sexual violence protective order may be
extended;
▸ modifies the penalty for a violation of a sentencing protective order and a
continuous protective order;
▸ under certain circumstances, allows the court to issue a continuous protective order
for an offense that is not domestic violence;
▸ renumbers and amends provisions relating to criminal protective orders, civil
protective orders, and stalking injunctions; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a special effective date.
Utah Code Sections Affected:
AMENDS:
30-3-3
, as last amended by Laws of Utah 2008, Chapter 3
53-10-208
, as last amended by Laws of Utah 2019, Chapters 33 and 365
53-10-208.1
, as last amended by Laws of Utah 2019, Chapters 33 and 365
53-10-213
, as enacted by Laws of Utah 2019, Chapter 33
53-10-403
, as last amended by Laws of Utah 2017, Chapter 289
57-22-5.1
, as last amended by Laws of Utah 2018, Chapter 255
76-5-106.5
, as last amended by Laws of Utah 2018, Chapter 255
76-5-108
, as last amended by Laws of Utah 2018, Chapter 255
77-20-1
, as last amended by Laws of Utah 2019, Chapters 184 and 397
77-20-10
, as last amended by Laws of Utah 2016, Chapter 234
77-36-1
, as last amended by Laws of Utah 2019, Chapters 184 and 422
77-36-2.1
, as last amended by Laws of Utah 2018, Chapter 255
77-36-2.4
, as last amended by Laws of Utah 2017, Chapters 289 and 332
77-36-2.6
, as last amended by Laws of Utah 2017, Chapter 332
77-36-2.7
, as last amended by Laws of Utah 2019, Chapter 184
77-36-5
, as last amended by Laws of Utah 2017, Chapter 332
77-36-5.1
, as last amended by Laws of Utah 2018, Chapter 124
77-36-6
, as last amended by Laws of Utah 2017, Chapter 289
77-38-403
, as enacted by Laws of Utah 2019, Chapter 361
78A-6-103
, as last amended by Laws of Utah 2019, Chapter 300
78A-6-114
, as renumbered and amended by Laws of Utah 2008, Chapter 3
78A-6-123
, as enacted by Laws of Utah 2017, Chapter 330
78B-7-101
, as enacted by Laws of Utah 2008, Chapter 3
78B-7-102
, as last amended by Laws of Utah 2018, Chapter 255
78B-7-104
, as renumbered and amended by Laws of Utah 2008, Chapter 3
78B-7-105
, as last amended by Laws of Utah 2018, Chapters 124 and 255
78B-7-109
, as last amended by Laws of Utah 2018, Chapter 255
78B-7-112
, as renumbered and amended by Laws of Utah 2008, Chapter 3
78B-7-113
, as last amended by Laws of Utah 2013, Chapter 196
78B-7-201
, as last amended by Laws of Utah 2019, Chapter 365
78B-7-202
, as last amended by Laws of Utah 2014, Chapter 267
78B-7-203
, as last amended by Laws of Utah 2010, Chapter 34
78B-7-204
, as last amended by Laws of Utah 2008, Chapter 115 and renumbered and
amended by Laws of Utah 2008, Chapter 3
78B-7-205
, as last amended by Laws of Utah 2011, Chapter 208
78B-7-402
, as enacted by Laws of Utah 2013, Chapter 179
78B-7-403
, as enacted by Laws of Utah 2013, Chapter 179
78B-7-404
, as enacted by Laws of Utah 2013, Chapter 179
78B-7-405
, as last amended by Laws of Utah 2014, Chapter 263
78B-7-407
, as enacted by Laws of Utah 2013, Chapter 179
78B-7-409
, as enacted by Laws of Utah 2018, Chapter 255
78B-7-502
, as enacted by Laws of Utah 2019, Chapter 365
78B-7-505
, as enacted by Laws of Utah 2019, Chapter 365
78B-7-508
, as enacted by Laws of Utah 2019, Chapter 365
78B-19-107
, as enacted by Laws of Utah 2010, Chapter 382
ENACTS:
78B-7-118
, Utah Code Annotated 1953
78B-7-119
, Utah Code Annotated 1953
78B-7-601
, Utah Code Annotated 1953
78B-7-607
, Utah Code Annotated 1953
78B-7-801
, Utah Code Annotated 1953
78B-7-803
, Utah Code Annotated 1953
78B-7-804
, Utah Code Annotated 1953
78B-7-805
, Utah Code Annotated 1953
78B-7-806
, Utah Code Annotated 1953
78B-7-807
, Utah Code Annotated 1953
78B-7-901
, Utah Code Annotated 1953
78B-7-902
, Utah Code Annotated 1953
78B-7-903
, Utah Code Annotated 1953
78B-7-904
, Utah Code Annotated 1953
RENUMBERS AND AMENDS:
78B-7-117
, (Renumbered from 77-36-5.3, as enacted by Laws of Utah 2018, Chapter
124)
78B-7-602
, (Renumbered from 78B-7-103, as renumbered and amended by Laws of
Utah 2008, Chapter 3)
78B-7-603
, (Renumbered from 78B-7-106, as last amended by Laws of Utah 2019,
Chapters 33 and 429)
78B-7-604
, (Renumbered from 78B-7-107, as last amended by Laws of Utah 2019,
Chapter 136)
78B-7-605
, (Renumbered from 78B-7-115, as last amended by Laws of Utah 2019,
Chapter 263)
78B-7-606
, (Renumbered from 78B-7-115.5, as last amended by Laws of Utah 2019,
Chapter 263)
78B-7-608
, (Renumbered from 78B-7-110, as renumbered and amended by Laws of
Utah 2008, Chapter 3)
78B-7-609
, (Renumbered from 78B-7-111, as renumbered and amended by Laws of
Utah 2008, Chapter 3)
78B-7-701
, (Renumbered from 77-3a-101, as last amended by Laws of Utah 2012,
Chapter 383)
78B-7-702
, (Renumbered from 77-3a-101.1, as enacted by Laws of Utah 2018, Chapter
255)
78B-7-703
, (Renumbered from 77-3a-103, as enacted by Laws of Utah 2001, Chapter
276)
78B-7-802
, (Renumbered from 77-20-3.5, as last amended by Laws of Utah 2019,
Chapter 184)
REPEALS:
77-3a-102
, as enacted by Laws of Utah 2001, Chapter 276
78B-7-114
, as renumbered and amended by Laws of Utah 2008, Chapter 3
78B-7-401
, as enacted by Laws of Utah 2013, Chapter 179
78B-7-406
, as enacted by Laws of Utah 2013, Chapter 179
78B-7-501
, as enacted by Laws of Utah 2019, Chapter 365
78B-7-507
, as enacted by Laws of Utah 2019, Chapter 365
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
30-3-3
 is amended to read:
30-3-3.
Award of costs, attorney and witness fees -- Temporary alimony.
(1) In any action filed under Title 30, Chapter 3, Divorce, Chapter 4, Separate
Maintenance, or Title 78B, Chapter 7, [
Part 1, Cohabitant Abuse Act
] 
Part 6, Cohabitant Abuse
Protective Orders
, and in any action to establish an order of custody, parent-time, child support,
alimony, or division of property in a domestic case, the court may order a party to pay the costs,
attorney fees, and witness fees, including expert witness fees, of the other party to enable the
other party to prosecute or defend the action. The order may include provision for costs of the
action.
(2) In any action to enforce an order of custody, parent-time, child support, alimony, or
division of property in a domestic case, the court may award costs and attorney fees upon
determining that the party substantially prevailed upon the claim or defense. The court, in its
discretion, may award no fees or limited fees against a party if the court finds the party is
impecunious or enters in the record the reason for not awarding fees.
(3) In any action listed in Subsection (1), the court may order a party to provide money,
during the pendency of the action, for the separate support and maintenance of the other party
and of any children in the custody of the other party.
(4) Orders entered under this section prior to entry of the final order or judgment may
be amended during the course of the action or in the final order or judgment.
Section 2. Section 
53-10-208
 is amended to read:
53-10-208.
Definition -- Offenses included on statewide warrant system --
Transportation fee to be included -- Statewide warrant system responsibility -- Quality
control -- Training -- Technical support -- Transaction costs.
(1) "Statewide warrant system" means the portion of the state court computer system
that is accessible by modem from the state mainframe computer and contains:
(a) records of criminal warrant information; and
(b) after notice and hearing, records of protective orders issued pursuant to:
(i) Title 77, Chapter 36, Cohabitant Abuse Procedures Act;
[
(ii) Title 78B, Chapter 7, Part 1, Cohabitant Abuse Act;
]
[
(iii)
] 
(ii)
 Title 78B, Chapter 7, Part 4, Dating Violence [
Protection Act; or
] 
Protective
Orders;
[
(iv)
] 
(iii)
 Title 78B, Chapter 7, Part 5, Sexual Violence [
Protection Act.
] 
Protective
Orders; or
(iv) Title 78B, Chapter 7, Part 6, Cohabitant Abuse Protective Orders.
(2) (a) The division shall include on the statewide warrant system all warrants issued
for felony offenses and class A, B, and C misdemeanor offenses in the state.
(b) The division shall include on the statewide warrant system all warrants issued for
failure to appear on a traffic citation as ordered by a magistrate under Subsection 
77-7-19
(3).
(c) For each warrant, the division shall indicate whether the magistrate ordered under
Section 
77-7-5
 and Rule 6, Utah Rules of Criminal Procedure, that the accused appear in court.
(3) The division is the agency responsible for the statewide warrant system and shall:
(a) ensure quality control of all warrants of arrest or commitment and protective orders
contained in the statewide warrant system by conducting regular validation checks with every
clerk of a court responsible for entering the information on the system;
(b) upon the expiration of the protective orders and in the manner prescribed by the
division, purge information regarding protective orders described in Subsection
53-10-208.1
(1)(d) within 30 days of the time after expiration;
(c) establish system procedures and provide training to all criminal justice agencies
having access to information contained on the state warrant system;
(d) provide technical support, program development, and systems maintenance for the
operation of the system; and
(e) pay data processing and transaction costs for state, county, and city law
enforcement agencies and criminal justice agencies having access to information contained on
the state warrant system.
(4) (a) Any data processing or transaction costs not funded by legislative appropriation
shall be paid on a pro rata basis by all agencies using the system during the fiscal year.
(b) This Subsection (4) supersedes any conflicting provision in Subsection (3)(e).
Section 3. Section 
53-10-208.1
 is amended to read:
53-10-208.1.
Magistrates and court clerks to supply information.
(1) Every magistrate or clerk of a court responsible for court records in this state shall,
within 30 days of the disposition and on forms and in the manner provided by the division,
furnish the division with information pertaining to:
(a) all dispositions of criminal matters, including:
(i) guilty pleas;
(ii) convictions;
(iii) dismissals;
(iv) acquittals;
(v) pleas held in abeyance;
(vi) judgments of not guilty by reason of insanity[
:
]
;
(vii) judgments of guilty with a mental illness;
(viii) finding of mental incompetence to stand trial; and
(ix) probations granted;
(b) orders of civil commitment under the terms of Section 
62A-15-631
;
(c) the issuance, recall, cancellation, or modification of all warrants of arrest or
commitment as described in Rule 6, Utah Rules of Criminal Procedure and Section 
78B-6-303
,
within one day of the action and in a manner provided by the division; and
(d) protective orders issued after notice and hearing, pursuant to:
(i) Title 77, Chapter 36, Cohabitant Abuse Procedures Act;
[
(ii) Title 78B, Chapter 7, Part 1, Cohabitant Abuse Act;
]
[
(iii)
] 
(ii)
 Title 78B, Chapter 7, Part 4, Dating Violence [
Protection Act; or
] 
Protective
Orders;
[
(iv)
] 
(iii)
 Title 78B, Chapter 7, Part 5, Sexual Violence [
Protection Act.
] 
Protective
Orders; or
(iv) Title 78B, Chapter 7, Part 6, Cohabitant Abuse Protective Orders.
(2) The court in the county where a determination or finding was made shall transmit a
record of the determination or finding to the bureau no later than 48 hours after the
determination is made, excluding Saturdays, Sundays, and legal holidays, if an individual is:
(a) adjudicated as a mental defective; or
(b) involuntarily committed to a mental institution in accordance with Subsection
62A-15-631
(16).
(3) The record described in Subsection (2) shall include:
(a) an agency record identifier;
(b) the individual's name, sex, race, and date of birth; and
(c) the individual's social security number, government issued driver license or
identification number, alien registration number, government passport number, state
identification number, or FBI number.
Section 4. Section 
53-10-213
 is amended to read:
53-10-213.
 Reporting requirements.
(1) The bureau shall submit the record received from the court in accordance with
Subsection [
78B-7-106
] 
78B-7-603
(5)(e) to the National Crime Information Center within 48
hours of receipt, excluding Saturdays, Sundays, and legal holidays.
(2) The bureau shall submit the record received from the court in accordance with
Subsection 
53-10-208.1
(2) to the National Instant Criminal Background Check System within
48 hours of receipt, excluding Saturdays, Sundays, and legal holidays.
Section 5. Section 
53-10-403
 is amended to read:
53-10-403.
DNA specimen analysis -- Application to offenders, including minors.
(1) Sections 
53-10-404
, 
53-10-404.5
, 
53-10-405
, and 
53-10-406
 apply to any person
who:
(a) has pled guilty to or has been convicted of any of the offenses under Subsection
(2)(a) or (b) on or after July 1, 2002;
(b) has pled guilty to or has been convicted by any other state or by the United States
government of an offense which if committed in this state would be punishable as one or more
of the offenses listed in Subsection (2)(a) or (b) on or after July 1, 2003;
(c) has been booked on or after January 1, 2011, through December 31, 2014, for any
offense under Subsection (2)(c);
(d) has been booked:
(i) by a law enforcement agency that is obtaining a DNA specimen on or after May 13,
2014, through December 31, 2014, under Subsection 
53-10-404
(4)(b) for any felony offense; or
(ii) on or after January 1, 2015, for any felony offense; or
(e) is a minor under Subsection (3).
(2) Offenses referred to in Subsection (1) are:
(a) any felony or class A misdemeanor under the Utah Code;
(b) any offense under Subsection (2)(a):
(i) for which the court enters a judgment for conviction to a lower degree of offense
under Section 
76-3-402
; or
(ii) regarding which the court allows the defendant to enter a plea in abeyance as
defined in Section 
77-2a-1
; or
(c) (i) any violent felony as defined in Section 
53-10-403.5
;
(ii) sale or use of body parts, Section 
26-28-116
;
(iii) failure to stop at an accident that resulted in death, Section 
41-6a-401.5
;
(iv) driving with any amount of a controlled substance in a person's body and causing
serious bodily injury or death, Subsection 
58-37-8
(2)(g);
(v) a felony violation of enticing a minor over the Internet, Section 
76-4-401
;
(vi) a felony violation of propelling a substance or object at a correctional officer, a
peace officer, or an employee or a volunteer, including health care providers, Section
76-5-102.6
;
(vii) aggravated human trafficking and aggravated human smuggling, Section
76-5-310
;
(viii) a felony violation of unlawful sexual activity with a minor, Section 
76-5-401
;
(ix) a felony violation of sexual abuse of a minor, Section 
76-5-401.1
;
(x) unlawful sexual contact with a 16 or 17-year old, Section 
76-5-401.2
;
(xi) sale of a child, Section 
76-7-203
;
(xii) aggravated escape, Subsection 
76-8-309
(2);
(xiii) a felony violation of assault on an elected official, Section 
76-8-315
;
(xiv) influencing, impeding, or retaliating against a judge or member of the Board of
Pardons and Parole, Section 
76-8-316
;
(xv) advocating criminal syndicalism or sabotage, Section 
76-8-902
;
(xvi) assembly for advocating criminal syndicalism or sabotage, Section 
76-8-903
;
(xvii) a felony violation of sexual battery, Section 
76-9-702.1
;
(xviii) a felony violation of lewdness involving a child, Section 
76-9-702.5
;
(xix) a felony violation of abuse or desecration of a dead human body, Section
76-9-704
;
(xx) manufacture, possession, sale, or use of a weapon of mass destruction, Section
76-10-402
;
(xxi) manufacture, possession, sale, or use of a hoax weapon of mass destruction,
Section 
76-10-403
;
(xxii) possession of a concealed firearm in the commission of a violent felony,
Subsection 
76-10-504
(4);
(xxiii) assault with the intent to commit bus hijacking with a dangerous weapon,
Subsection 
76-10-1504
(3);
(xxiv) commercial obstruction, Subsection 
76-10-2402
(2);
(xxv) a felony violation of failure to register as a sex or kidnap offender, Section
77-41-107
;
(xxvi) repeat violation of a protective order, Subsection 
77-36-1.1
(2)(c); or
(xxvii) violation of condition for release after arrest under Section [
77-20-3.5
]
78B-7-802
 .
(3) A minor under Subsection (1) is a minor 14 years of age or older whom a Utah
court has adjudicated to be within the jurisdiction of the juvenile court due to the commission
of any offense described in Subsection (2), and who is:
(a) within the jurisdiction of the juvenile court on or after July 1, 2002 for an offense
under Subsection (2); or
(b) in the legal custody of the Division of Juvenile Justice Services on or after July 1,
2002 for an offense under Subsection (2).
Section 6. Section 
57-22-5.1
 is amended to read:
57-22-5.1.
Crime victim's right to new locks -- Domestic violence victim's right to
terminate rental agreement -- Limits an owner relating to assistance from public safety
agency.
(1) As used in this section:
(a) "Crime victim" means a victim of:
(i) domestic violence, as defined in Section 
77-36-1
;
(ii) stalking, as defined in Section 
76-5-106.5
;
(iii) a crime under Title 76, Chapter 5, Part 4, Sexual Offenses;
(iv) burglary or aggravated burglary under Section 
76-6-202
 or 
76-6-203
; or
(v) dating violence, as defined in Section [
78B-7-402
] 
78B-7-102
.
(b) "Public safety agency" means a governmental entity that provides fire protection,
law enforcement, ambulance, medical, or similar service.
(2) An acceptable form of documentation of an act listed in Subsection (1) is:
(a) a protective order protecting the renter issued pursuant to Title 78B, Chapter 7,
[
Part 1, Cohabitant Abuse Act
] 
Part 6, Cohabitant Abuse Protective Orders
, subsequent to a
hearing of which the petitioner and respondent have been given notice under Title 78B,
Chapter 7, [
Part 1, Cohabitant Abuse Act
] 
Part 6, Cohabitant Abuse Protective Orders
; or
(b) a copy of a police report documenting an act listed in Subsection (1).
(3) (a) A renter who is a crime victim may require the renter's owner to install a new
lock to the renter's residential rental unit if the renter:
(i) provides the owner with an acceptable form of documentation of an act listed in
Subsection (1); and
(ii) pays for the cost of installing the new lock.
(b) An owner may comply with Subsection (3)(a) by:
(i) rekeying the lock if the lock is in good working condition; or
(ii) changing the entire locking mechanism with a locking mechanism of equal or
greater quality than the lock being replaced.
(c) An owner who installs a new lock under Subsection (3)(a) may retain a copy of the
key that opens the new lock.
(d) Notwithstanding any rental agreement, an owner who installs a new lock under
Subsection (3)(a) shall refuse to provide a copy of the key that opens the new lock to the
perpetrator of the act listed in Subsection (1).
(e) Notwithstanding Section 
78B-6-814
, if an owner refuses to provide a copy of the
key under Subsection (3)(d) to a perpetrator who is not barred from the residential rental unit
by a protective order but is a renter on the rental agreement, the perpetrator may file a petition
with a court of competent jurisdiction within 30 days to:
(i) establish whether the perpetrator should be given a key and allowed access to the
residential rental unit; or
(ii) whether the perpetrator should be relieved of further liability under the rental
agreement because of the owner's exclusion of the perpetrator from the residential rental unit.
(f) Notwithstanding Subsection (3)(e)(ii), a perpetrator may not be relieved of further
liability under the rental agreement if the perpetrator is found by the court to have committed
the act upon which the landlord's exclusion of the perpetrator is based.
(4) A renter who is a victim of domestic violence, as defined in Section 
77-36-1
, may
terminate a rental agreement if the renter:
(a) is in compliance with:
(i) all provisions of Section 
57-22-5
; and
(ii) all obligations under the rental agreement;
(b) provides the owner:
(i) written notice of termination; and
(ii) a protective order protecting the renter from a domestic violence perpetrator or a
copy of a police report documenting that the renter is a victim of domestic violence and did not
participate in the violence; and
(c) no later than the date that the renter provides a notice of termination under
Subsection (4)(b)(i), pays the owner the equivalent of 45 days' rent for the period beginning on
the date that the renter provides the notice of termination.
(5) An owner may not:
(a) impose a restriction on a renter's ability to request assistance from a public safety
agency; or
(b) penalize or evict a renter because the renter makes reasonable requests for
assistance from a public safety agency.
Section 7. Section 
76-5-106.5
 is amended to read:
76-5-106.5.
Stalking -- Definitions -- Injunction -- Penalties -- Duties of law
enforcement officer.
(1) As used in this section:
[
(a) "Conviction" means:
]
[
(i) a verdict or conviction;
]
[
(ii) a plea of guilty or guilty and mentally ill;
]
[
(iii) a plea of no contest; or
]
[
(iv) the acceptance by the court of a plea in abeyance.
]
[
(b)
] 
(a)
 "Course of conduct" means two or more acts directed at or toward a specific
person, including:
(i) acts in which the actor follows, monitors, observes, photographs, surveils, threatens,
or communicates to or about a person, or interferes with a person's property:
(A) directly, indirectly, or through any third party; and
(B) by any action, method, device, or means; or
(ii) when the actor engages in any of the following acts or causes someone else to
engage in any of these acts:
(A) approaches or confronts a person;
(B) appears at the person's workplace or contacts the person's employer or coworkers;
(C) appears at a person's residence or contacts a person's neighbors, or enters property
owned, leased, or occupied by a person;
(D) sends material by any means to the person or for the purpose of obtaining or
disseminating information about or communicating with the person to a member of the person's
family or household, employer, coworker, friend, or associate of the person;
(E) places an object on or delivers an object to property owned, leased, or occupied by
a person, or to the person's place of employment with the intent that the object be delivered to
the person; or
(F) uses a computer, the Internet, text messaging, or any other electronic means to
commit an act that is a part of the course of conduct.
[
(c)
] 
(b)
 "Emotional distress" means significant mental or psychological suffering,
whether or not medical or other professional treatment or counseling is required.
[
(d)
] 
(c)
 "Immediate family" means a spouse, parent, child, sibling, or any other person
who regularly resides in the household or who regularly resided in the household within the
prior six months.
[
(e)
] 
(d)
 "Reasonable person" means a reasonable person in the victim's circumstances.
[
(f)
] 
(e)
 "Stalking" means an offense as described in Subsection (2) or (3).
[
(g)
] 
(f)
 "Text messaging" means a communication in the form of electronic text or one
or more electronic images sent by the actor from a telephone or computer to another person's
telephone or computer by addressing the communication to the recipient's telephone number.
(2) A person is guilty of stalking who intentionally or knowingly engages in a course of
conduct directed at a specific person and knows or should know that the course of conduct
would cause a reasonable person:
(a) to fear for the person's own safety or the safety of a third person; or
(b) to suffer other emotional distress.
(3) A person is guilty of stalking who intentionally or knowingly violates:
(a) a stalking injunction issued [
pursuant to Title 77, Chapter 3a, Stalking Injunctions
]
under Title 78B, Chapter 7, Part 7, Civil Stalking Injunctions
; or
(b) a permanent criminal stalking injunction issued [
pursuant to this section
] 
under
Title 78B, Chapter 7, Part 9, Criminal Stalking Injunctions
.
(4) In any prosecution under this section, it is not a defense that the actor:
(a) was not given actual notice that the course of conduct was unwanted; or
(b) did not intend to cause the victim fear or other emotional distress.
(5) An offense of stalking may be prosecuted under this section in any jurisdiction
where one or more of the acts that is part of the course of conduct was initiated or caused an
effect on the victim.
(6) Stalking is a class A misdemeanor:
(a) upon the offender's first violation of Subsection (2); or
(b) if the offender violated a stalking injunction issued [
pursuant to Title 77, Chapter
3a, Stalking Injunctions
] 
under Title 78B, Chapter 7, Part 7, Civil Stalking Injunctions
.
(7) Stalking is a third degree felony if the offender:
(a) has been previously convicted of an offense of stalking;
(b) has been previously convicted in another jurisdiction of an offense that is
substantially similar to the offense of stalking;
(c) has been previously convicted of any felony offense in Utah or of any crime in
another jurisdiction which if committed in Utah would be a felony, in which the victim of the
stalking offense or a member of the victim's immediate family was also a victim of the
previous felony offense;
(d) violated a permanent criminal stalking injunction issued [
pursuant to Subsection
(9)
] 
under Title 78B, Chapter 7, Part 9, Criminal Stalking Injunctions
; or
(e) has been or is at the time of the offense a cohabitant, as defined in Section
78B-7-102
, of the victim.
(8) Stalking is a second degree felony if the offender:
(a) used a dangerous weapon as defined in Section 
76-1-601
 or used other means or
force likely to produce death or serious bodily injury, in the commission of the crime of
stalking;
(b) has been previously convicted two or more times of the offense of stalking;
(c) has been convicted two or more times in another jurisdiction or jurisdictions of
offenses that are substantially similar to the offense of stalking;
(d) has been convicted two or more times, in any combination, of offenses under
Subsection (7)(a), (b), or (c);
(e) has been previously convicted two or more times of felony offenses in Utah or of
crimes in another jurisdiction or jurisdictions which, if committed in Utah, would be felonies,
in which the victim of the stalking was also a victim of the previous felony offenses; or
(f) has been previously convicted of an offense under Subsection (7)(d) or (e).
[
(9) (a) The following serve as an application for a permanent criminal stalking
injunction limiting the contact between the defendant and the victim:
]
[
(i) a conviction for:
]
[
(A) stalking; or
]
[
(B) attempt to commit stalking; or
]
[
(ii) a plea to any of the offenses described in Subsection (9)(a)(i) accepted by the court
and held in abeyance for a period of time.
]
[
(b) A permanent criminal stalking injunction shall be issued by the court at the time of
the conviction. The court shall give the defendant notice of the right to request a hearing.
]
[
(c) If the defendant requests a hearing under Subsection (9)(b), it shall be held at the
time of the conviction unless the victim requests otherwise, or for good cause.
]
[
(d) If the conviction was entered in a justice court, a certified copy of the judgment
and conviction or a certified copy of the court's order holding the plea in abeyance shall be filed
by the victim in the district court as an application and request for a hearing for a permanent
criminal stalking injunction.
]
[
(10) A permanent criminal stalking injunction shall be issued by the district court
granting the following relief where appropriate:
]
[
(a) an order:
]
[
(i) restraining the defendant from entering the residence, property, school, or place of
employment of the victim; and
]
[
(ii) requiring the defendant to stay away from the victim, except as provided in
Subsection (11), and to stay away from any specified place that is named in the order and is
frequented regularly by the victim;
]
[
(b) an order restraining the defendant from making contact with or regarding the
victim, including an order forbidding the defendant from personally or through an agent
initiating any communication, except as provided in Subsection (11), likely to cause annoyance
or alarm to the victim, including personal, written, or telephone contact with or regarding the
victim, with the victim's employers, employees, coworkers, friends, associates, or others with
whom communication would be likely to cause annoyance or alarm to the victim; and
]
[
(c) any other orders the court considers necessary to protect the victim and members
of the victim's immediate family or household.
]
[
(11) If the victim and defendant have minor children together, the court may consider
provisions regarding the defendant's exercise of custody and parent-time rights while ensuring
the safety of the victim and any minor children. If the court issues a permanent criminal
stalking injunction, but declines to address custody and parent-time issues, a copy of the
stalking injunction shall be filed in any action in which custody and parent-time issues are
being considered and that court may modify the injunction to balance the parties' custody and
parent-time rights.
]
[
(12) Except as provided in Subsection (11), a permanent criminal stalking injunction
may be modified, dissolved, or dismissed only upon application of the victim to the court
which granted the injunction.
]
[
(13) Notice of permanent criminal stalking injunctions issued pursuant to this section
shall be sent by the court to the statewide warrants network or similar system.
]
[
(14) A permanent criminal stalking injunction issued pursuant to this section has
effect statewide.
]
[
(15) (a) Violation of an injunction issued pursuant to this section constitutes a third
degree felony offense of stalking under Subsection (7).
]
[
(b) Violations may be enforced in a civil action initiated by the stalking victim, a
criminal action initiated by a prosecuting attorney, or both.
]
(9) (a) A permanent criminal stalking injunction limiting the contact between the
defendant and victim may be filed in accordance with Section 
78B-7-902
.
[
(16)
] 
(b)
 This section does not preclude the filing of [
a
] criminal information for
stalking based on the same act which is the basis for the violation of the stalking injunction
issued [
pursuant to Title 77, Chapter 3a,
] 
under Title 78B, Chapter 7, Part 7, Civil
 Stalking
Injunctions, or a permanent criminal stalking injunction 
issued under Title 78B, Chapter 7, Part
9, Criminal Stalking Injunctions
.
[
(17)
] 
(10)
 (a) A law enforcement officer who responds to an allegation of stalking
shall use all reasonable means to protect the victim and prevent further violence, including:
(i) taking action that, in the officer's discretion, is reasonably necessary to provide for
the safety of the victim and any family or household member;
(ii) confiscating the weapon or weapons involved in the alleged stalking;
(iii) making arrangements for the victim and any child to obtain emergency housing or
shelter;
(iv) providing protection while the victim removes essential personal effects;
(v) arranging, facilitating, or providing for the victim and any child to obtain medical
treatment; and
(vi) arranging, facilitating, or providing the victim with immediate and adequate notice
of the rights of victims and of the remedies and services available to victims of stalking, in
accordance with Subsection [
(17)
] 
(10)
(b).
(b) (i) A law enforcement officer shall give written notice to the victim in simple
language, describing the rights and remedies available under this section and Title [
77, Chapter
3a,
] 
78B, Chapter 7, Part 7, Civil
 Stalking Injunctions.
(ii) The written notice shall also include:
(A) a statement that the forms needed in order to obtain a stalking injunction are
available from the court clerk's office in the judicial district where the victim resides or is
temporarily domiciled; and
(B) a list of shelters, services, and resources available in the appropriate community,
together with telephone numbers, to assist the victim in accessing any needed assistance.
(c) If a weapon is confiscated under this Subsection [
(17)
] 
(10)
, the law enforcement
agency shall return the weapon to the individual from whom the weapon is confiscated if a
stalking injunction is not issued or once the stalking injunction is terminated.
Section 8. Section 
76-5-108
 is amended to read:
76-5-108.
Protective orders restraining abuse of another -- Violation.
(1) Any person who is the respondent or defendant subject to a protective order, child
protective order, ex parte protective order, or ex parte child protective order issued under the
following who intentionally or knowingly violates that order after having been properly served
or having been present, in person or through court video conferencing, when the order was
issued, is guilty of a class A misdemeanor, except as a greater penalty may be provided in Title
77, Chapter 36, Cohabitant Abuse Procedures Act:
(a) Title 78A, Chapter 6, Juvenile Court Act;
[
(a)
] 
(b)
 Title 78B, Chapter 7, [
Part 1, Cohabitant Abuse Act
] 
Part 6, Cohabitant Abuse
Protective Orders
;
[
(b) Title 78A, Chapter 6, Juvenile Court Act;
]
(c) Title [
77, Chapter 36, Cohabitant Abuse Procedures Act
] 
78B, Chapter 7, Part 8,
Criminal Protective Orders
; or
(d) a foreign protection order enforceable under Title 78B, Chapter 7, Part 3, Uniform
Interstate Enforcement of Domestic Violence Protection Orders Act.
(2) Violation of an order as described in Subsection (1) is a domestic violence offense
under Section 
77-36-1
 and subject to increased penalties in accordance with Section 
77-36-1.1
.
Section 9. Section 
77-20-1
 is amended to read:
77-20-1.
Right to bail -- Denial of bail -- Hearing.
(1) As used in this chapter:
(a) "Bail bond agency" means the same as that term is defined in Section 
31A-35-102
.
(b) "Surety" and "sureties" mean a surety insurer or a bail bond agency.
(c) "Surety insurer" means the same as that term is defined in Section 
31A-35-102
.
(2) An individual charged with or arrested for a criminal offense shall be admitted to
bail as a matter of right, except if the individual is charged with a:
(a) capital felony, when the court finds there is substantial evidence to support the
charge;
(b) felony committed while on probation or parole, or while free on bail awaiting trial
on a previous felony charge, when the court finds there is substantial evidence to support the
current felony charge;
(c) felony when there is substantial evidence to support the charge and the court finds
by clear and convincing evidence that the individual would constitute a substantial danger to
any other individual or to the community, or is likely to flee the jurisdiction of the court, if
released on bail;
(d) felony when the court finds there is substantial evidence to support the charge and
[
it
] 
the court
 finds by clear and convincing evidence that the individual violated a material
condition of release while previously on bail; or
(e) domestic violence offense if the court finds:
(i) that there is substantial evidence to support the charge; and
(ii) by clear and convincing evidence, that the individual would constitute a substantial
danger to an alleged victim of domestic violence if released on bail. 
(3) Any individual who may be admitted to bail may be released by posting bail in the
form and manner provided in Section 
77-20-4
, or on the individual's own recognizance, on
condition that the individual appear in court for future court proceedings in the case, and on
any other conditions imposed in the discretion of the magistrate or court that will reasonably:
(a) ensure the appearance of the accused;
(b) ensure the integrity of the court process;
(c) prevent direct or indirect contact with witnesses or victims by the accused, if
appropriate; and
(d) ensure the safety of the public.
(4) (a) Except as otherwise provided, the initial order denying or fixing the amount of
bail shall be issued by the magistrate or court issuing the warrant of arrest.
(b) A magistrate may set bail upon determining that there was probable cause for a
warrantless arrest.
(c) A bail commissioner may set bail in a misdemeanor case in accordance with
Sections 
10-3-920
 and 
17-32-1
.
(d) An individual arrested for a violation of a jail release agreement or jail release court
order issued in accordance with Section [
77-20-3.5
] 
78B-7-802
:
[
(i) may not be released before the accused's first judicial appearance; and
]
[
(ii)
] 
(i)
 may be denied bail by the court under Subsection (2)[
.
]
; and
(ii) if denied bail, may not be released before the individual's initial appearance before
the court.
(5) The magistrate or court may rely upon information contained in:
(a) the indictment or information;
(b) any sworn probable cause statement;
(c) information provided by any pretrial services agency; or
(d) any other reliable record or source.
(6) (a) A motion to modify the initial order may be made by a party at any time upon
notice to the opposing party sufficient to permit the opposing party to prepare for hearing and
to permit any victim to be notified and be present.
(b) Hearing on a motion to modify may be held in conjunction with a preliminary
hearing or any other pretrial hearing.
(c) The magistrate or court may rely on information as provided in Subsection (5) and
may base its ruling on evidence provided at the hearing so long as each party is provided an
opportunity to present additional evidence or information relevant to bail.
(7) Subsequent motions to modify bail orders may be made only upon a showing that
there has been a material change in circumstances.
(8) An appeal may be taken from an order of any court denying bail to the Supreme
Court, which shall review the determination under Subsection (2).
(9) For purposes of this section, any arrest or charge for a violation of Section
76-5-202
, Aggravated murder, is a capital felony unless:
(a) the prosecutor files a notice of intent to not seek the death penalty; or
(b) the time for filing a notice to seek the death penalty has expired and the prosecutor
has not filed a notice to seek the death penalty.
Section 10. Section 
77-20-10
 is amended to read:
77-20-10.
Grounds for detaining defendant while appealing the defendant's
conviction -- Conditions for release while on appeal.
(1) The court shall order that a defendant who has been found guilty of an offense in a
court of record and sentenced to a term of imprisonment in jail or prison, and who has filed an
appeal or a petition for a writ of certiorari, be detained, unless the court finds:
(a) the appeal raises a substantial question of law or fact likely to result in:
(i) reversal;
(ii) an order for a new trial; or
(iii) a sentence that does not include a term of imprisonment in jail or prison;
(b) the appeal is not for the purpose of delay; and
(c) by clear and convincing evidence presented by the defendant that the defendant is
not likely to flee the jurisdiction of the court, and will not pose a danger to the physical,
psychological, or financial and economic safety or well-being of any other person or the
community if released.
(2) If the court makes a finding under Subsection (1) that justifies not detaining the
defendant, the court shall order the release of the defendant, subject to conditions that result in
the least restrictive condition or combination of conditions that the court determines will
reasonably assure the appearance of the person as required and the safety of any other person
and the community. The conditions may include that the defendant:
(a) post appropriate bail;
(b) execute a bail bond with a surety under Title 31A, Chapter 35, Bail Bond Act, in an
amount necessary to assure the appearance of the defendant as required;
(c) (i) execute a written agreement to forfeit, upon failing to appear as required,
designated property, including money, as is reasonably necessary to assure the appearance of
the defendant; and
(ii) post with the court indicia of ownership of the property or a percentage of the
money as the court may specify;
(d) not commit a federal, state, or local crime during the period of release;
(e) remain in the custody of a designated person who agrees to assume supervision of
the defendant and who agrees to report any violation of a release condition to the court, if the
designated person is reasonably able to assure the court that the defendant will appear as
required and will not pose a danger to the safety of any other person or the community;
(f) maintain employment, or if unemployed, actively seek employment;
(g) maintain or commence an educational program;
(h) abide by specified restrictions on personal associations, place of abode, or travel;
(i) avoid all contact with the victims of the offense and with any witnesses who
testified against the defendant or potential witnesses who may testify concerning the offense if
the appeal results in a reversal or an order for a new trial;
(j) report on a regular basis to a designated law enforcement agency, pretrial services
agency, or other designated agency;
(k) comply with a specified curfew;
(l) not possess a firearm, destructive device, or other dangerous weapon;
(m) not use alcohol, or any narcotic drug or other controlled substances except as
prescribed by a licensed medical practitioner;
(n) undergo available medical, psychological, or psychiatric treatment, including
treatment for drug or alcohol dependency, and remain under the supervision of or in a specified
institution if required for that purpose;
(o) return to custody for specified hours following release for employment, schooling,
or other limited purposes;
(p) satisfy any other condition that is reasonably necessary to assure the appearance of
the defendant as required and to assure the safety of any other person and the community; and
(q) if convicted of committing a sexual offense or an assault or other offense involving
violence against a child 17 years of age or younger, is limited or denied access to any location
or occupation where children are, including but not limited to:
(i) any residence where children are on the premises;
(ii) activities, including organized activities, in which children are involved; and
(iii) locations where children congregate, or where a reasonable person should know
that children congregate.
(3) The court may, in its discretion, amend an order granting release to impose
additional or different conditions of release.
(4) If defendant has been found guilty of an offense in a court not of record and files a
timely notice of appeal pursuant to Subsection 
78A-7-118
(1) for a trial de novo, the court shall
stay all terms of a sentence, unless at the time of sentencing the judge finds by a preponderance
of the evidence that the defendant poses a danger to another person or the community.
(5) If a stay is ordered, the court may order post-conviction restrictions on the
defendant's conduct as appropriate, including:
(a) continuation of any pre-trial restrictions or orders;
(b) sentencing protective orders under Section [
77-36-5.1
] 
78B-7-804
;
(c) drug and alcohol use;
(d) use of an ignition interlock; and
(e) posting appropriate bail.
(6) The provisions of Subsections (4) and (5) do not apply to convictions for an offense
under Title 41, Chapter 6a, Part 5, Driving Under the Influence and Reckless Driving.
(7) Any stay authorized by Subsection (4) is lifted upon the dismissal of the appeal by
the district court.
Section 11. 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" includes 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) aggravated cruelty to an animal, as described in Subsection 
76-9-301
(4), with the
intent to harass or threaten the other cohabitant;
(c) assault, as described in Section 
76-5-102
;
(d) criminal homicide, as described in Section 
76-5-201
;
(e) harassment, as described in Section 
76-5-106
;
(f) electronic communication harassment, as described in Section 
76-9-201
;
(g) kidnapping, child kidnapping, or aggravated kidnapping, as described in Sections
76-5-301
, 
76-5-301.1
, and 
76-5-302
;
(h) mayhem, as described in Section 
76-5-105
;
(i) sexual offenses, as described in Title 76, Chapter 5, Part 4, Sexual Offenses, and
Section 
76-5b-201
, Sexual exploitation of a minor -- Offenses;
(j) stalking, as described in Section 
76-5-106.5
;
(k) unlawful detention or unlawful detention of a minor, as described in Section
76-5-304
;
(l) violation of a protective order or ex parte protective order, as described in Section
76-5-108
;
(m) 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;
(n) possession of a deadly weapon with criminal intent, as described in Section
76-10-507
;
(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
;
(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), except that a conviction
of disorderly conduct as a domestic violence offense, in the manner described in this
Subsection (4)(p), does not constitute a misdemeanor crime of domestic violence under 18
U.S.C. Sec. 921, and is exempt from the federal Firearms Act, 18 U.S.C. Sec. 921 et seq.;
(q) child abuse, as described in Section 
76-5-109.1
;
(r) threatening use of a dangerous weapon, as described in Section 
76-10-506
;
(s) threatening violence, as described in Section 
76-5-107
;
(t) tampering with a witness, as described in Section 
76-8-508
;
(u) retaliation against a witness or victim, as described in Section 
76-8-508.3
;
(v) unlawful distribution of an intimate image, as described in Section 
76-5b-203
;
(w) sexual battery, as described in Section 
76-9-702.1
;
(x) voyeurism, as described in Section 
76-9-702.7
;
(y) damage to or interruption of a communication device, as described in Section
76-6-108
; or
(z) an offense described in [
Section 
77-20-3.5
]
Subsection 
78B-7-806
(2)
.
(5) "Jail release agreement" means the same as that term is defined in Section
[
77-20-3.5
] 
78B-7-801
.
(6) "Jail release court order" means the same as that term is defined in Section
[
77-20-3.5
] 
78B-7-801
.
(7) "Marital status" means married and living together, divorced, separated, or not
married.
(8) "Married and living together" means a couple 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) "Protective order" includes an order issued under [
Subsection 
77-36-5.1
(6)
]
Subsection 
78B-7-804
(3)
.
(11) "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 Section 
77-20-3.5
, Subsection
77-36-2.6
(3), or Section 
77-36-2.7
] 
under Sections 
78B-7-802
 or 
78B-7-803
, pending trial in
the criminal case.
(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
] 
under Section 
78B-7-804
.
(13) "Separated" means a couple 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.
Section 12. Section 
77-36-2.1
 is amended to read:
77-36-2.1.
Duties of law enforcement officers -- Notice to victims.
(1) A law enforcement officer who responds to an allegation of domestic violence shall
use all reasonable means to protect the victim and prevent further violence, including:
(a) taking the action that, in the officer's discretion, is reasonably necessary to provide
for the safety of the victim and any family or household member;
(b) confiscating the weapon or weapons involved in the alleged domestic violence;
(c) making arrangements for the victim and any child to obtain emergency housing or
shelter;
(d) providing protection while the victim removes essential personal effects;
(e) arrange, facilitate, or provide for the victim and any child to obtain medical
treatment; and
(f) arrange, facilitate, or provide the victim with immediate and adequate notice of the
rights of victims and of the remedies and services available to victims of domestic violence, in
accordance with Subsection (2).
(2) (a) A law enforcement officer shall give written notice to the victim in simple
language, describing the rights and remedies available under this chapter, Title 78B, Chapter 7,
[
Part 1, Cohabitant Abuse Act
] 
Part 7, Cohabitant Abuse Protective Orders
, and Title 78B,
Chapter 7, Part 2, Child Protective Orders.
(b) The written notice shall also include:
(i) a statement that the forms needed in order to obtain an order for protection are
available from the court clerk's office in the judicial district where the victim resides or is
temporarily domiciled;
(ii) a list of shelters, services, and resources available in the appropriate community,
together with telephone numbers, to assist the victim in accessing any needed assistance; and
(iii) the information required to be provided to both parties in accordance with
Subsections [
77-20-3.5
(10) and (11)
] 
78B-7-802
(8) and (9)
 .
(3) If a weapon is confiscated under this section, the law enforcement agency shall
return the weapon to the individual from whom the weapon is confiscated if a domestic
violence protective order is not issued or once the domestic violence protective order is
terminated.
Section 13. Section 
77-36-2.4
 is amended to read:
77-36-2.4.
Violation of a protective order -- Mandatory arrest -- Penalties.
(1) A law enforcement officer shall[
, without a warrant, arrest an alleged perpetrator
whenever there is probable cause to believe that the alleged perpetrator has violated
] 
arrest an
alleged perpetrator for a violation of
 any of the provisions of an ex parte protective order or
protective order 
in accordance with Section 
78B-7-119
.
(2) A violation of a protective order is punishable in accordance with Section
76-5-108
.
[
(2) (a) Intentional or knowing violation of any ex parte protective order or protective
order is a class A misdemeanor, in accordance with Section 
76-5-108
, except where a greater
penalty is provided in this chapter, and is a domestic violence offense, pursuant to Section
77-36-1
.
]
[
(b) Second or subsequent violations of ex parte protective orders or protective orders
carry increased penalties, in accordance with Section 
77-36-1.1
.
]
[
(3) As used in this section, "ex parte protective order" or "protective order" includes:
]
[
(a) a protective order or ex parte protective order issued under Title 78B, Chapter 7,
Part 1, Cohabitant Abuse Act;
]
[
(b) a pretrial protective order, sentencing protective order, or continuous protective
order issued under this chapter;
]
[
(c) any child protective order or ex parte child protective order issued under Title 78B,
Chapter 7, Part 2, Child Protective Orders; or
]
[
(d) a foreign protection order enforceable under Title 78B, Chapter 7, Part 3, Uniform
Interstate Enforcement of Domestic Violence Protection Orders Act.
]
Section 14. Section 
77-36-2.6
 is amended to read:
77-36-2.6.
Appearance of defendant required -- Considerations by court.
(1) A defendant who has been arrested for an offense involving domestic violence shall
appear in person or by video before the court or a magistrate within one judicial day after the
day on which the
 arrest 
is made
.
(2) A defendant who has been charged by citation, indictment, or information with an
offense involving domestic violence but has not been arrested, shall appear before the court in
person for arraignment or initial appearance as soon as practicable, but no later than 14 days
after the next day on which court is in session following the issuance of the citation or the
filing of the indictment or information.
(3) At the time of an appearance under Subsection (1) or (2), the court shall[
:
] 
consider
imposing a pretrial protective order in accordance with Section 
78B-7-803
.
[
(a) determine the necessity of imposing a pretrial protective order or other condition
of pretrial release, including participating in an electronic or other type of monitoring
program;
]
[
(b) identify the individual designated by the victim to communicate between the
defendant and the victim if and to the extent necessary for family related matters; and
]
[
(c) state its findings and determination in writing.
]
(4) Appearances required by this section are mandatory and may not be waived.
Section 15. Section 
77-36-2.7
 is amended to read:
77-36-2.7.
Dismissal -- Diversion prohibited -- Plea in abeyance -- Pretrial
protective order pending trial.
(1) Because of the serious nature of domestic violence, the court, in domestic violence
actions:
(a) may not dismiss any charge or delay disposition because of concurrent divorce or
other civil proceedings;
(b) may not require proof that either party is seeking a dissolution of marriage before
instigation of criminal proceedings;
(c) shall waive any requirement that the victim's location be disclosed other than to the
defendant's attorney and order the defendant's attorney not to disclose the victim's location to
the client;
(d) shall identify, on the docket sheets, the criminal actions arising from acts of
domestic violence; and
(e) may hold a plea in abeyance, in accordance with the provisions of Chapter 2a, Pleas
in Abeyance, making treatment or any other requirement for the defendant a condition of that
status.
(2) When the court holds a plea in abeyance in accordance with Subsection (1)(e), the
case against a perpetrator of domestic violence may be dismissed only if the perpetrator
successfully completes all conditions imposed by the court. If the defendant fails to complete
any condition imposed by the court under Subsection (1)(e), the court may accept the
defendant's plea.
[
(3) (a) Because of the likelihood of repeated violence directed at those who have been
victims of domestic violence in the past and the vulnerability of victims of other qualifying
offenses, as defined in Section 
77-20-3.5
, when any defendant is charged with a crime
involving a qualifying offense, the court may, during any court hearing where the defendant is
present, issue a pretrial protective order, pending trial:
]
[
(i) enjoining the defendant from threatening to commit or committing acts of domestic
violence or abuse against the victim and any designated family or household member;
]
[
(ii) prohibiting the defendant from harassing, telephoning, contacting, or otherwise
communicating with the victim, directly or indirectly;
]
[
(iii) removing and excluding the defendant from the victim's residence and the
premises of the residence;
]
[
(iv) ordering the defendant to stay away from the residence, school, place of
employment of the victim, and the premises of any of these, or any specified place frequented
by the victim and any designated family member; and
]
[
(v) ordering any other relief that the court considers necessary to protect and provide
for the safety of the victim and any designated family or household member.
]
[
(b) Violation of an order issued pursuant to this section is punishable as follows:
]
[
(i) if the original arrest or subsequent charge filed is a felony, an offense under this
section is a third degree felony; and
]
[
(ii) if the original arrest or subsequent charge filed is a misdemeanor, an offense under
this section is a class A misdemeanor.
]
[
(c) (i) The court shall provide the victim with a certified copy of any pretrial
protective order that has been issued if the victim can be located with reasonable effort.
]
[
(ii) If the court is unable to locate the victim, the court shall provide the victim's
certified copy to the prosecutor.
]
[
(iii) The court shall transmit the pretrial protective order to the statewide domestic
violence network.
]
[
(d) Issuance of a pretrial or sentencing protective order supersedes a jail release
agreement or jail release court order.
]
[
(e) If the alleged victim and the defendant share custody of one or more minor
children, the court may include in a pretrial protective order provisions for indirect or limited
contact to temporarily facilitate parent visitation with a minor child.
]
[
(f) In a pretrial protective order the court shall determine whether to allow provisions
for transfer of personal property to decrease the need for contact between the parties.
]
(3) When a defendant is charged with a crime involving a qualifying offense, as
defined in Section 
78B-7-801
, the court may, during any court hearing where the defendant is
present, issue a pretrial protective order in accordance with Section 
78B-7-803
.
(4) (a) When a court dismisses criminal charges or a prosecutor moves to dismiss
charges against a defendant accused of a domestic violence offense, the specific reasons for
dismissal shall be recorded in the court file and made a part of any related order or agreement
on the statewide domestic violence network described in Section 
78B-7-113
.
(b) The court shall transmit the dismissal to the statewide domestic violence network.
(c) Any pretrial protective orders, including jail release court orders and jail release
agreements, related to the dismissed domestic violence criminal charge shall also be dismissed.
(5) The court may not approve diversion for a perpetrator of domestic violence.
Section 16. Section 
77-36-5
 is amended to read:
77-36-5.
Sentencing -- Restricting contact with victim -- Electronic monitoring --
Counseling -- Cost assessed against defendant -- Sentencing protective order --
Continuous protective order.
(1) [
(a)
] When a defendant is found guilty of a crime involving domestic violence and
a condition of the sentence restricts the defendant's contact with the victim, a sentencing
protective order may be issued under [
Subsection 
77-36-5.1
(2)
] 
Section 
78B-7-804
 for the
length of the defendant's probation or a continuous protective order may be issued under
[
Subsection 
77-36-5.1
(6)
] 
Section 
78B-7-804
.
[
(b) (i) The sentencing protective order or continuous protective order shall be in
writing, and the prosecutor shall provide a certified copy of that order to the victim.
]
[
(ii) The court shall transmit the sentencing protective order or continuous protective
order to the statewide domestic violence network.
]
[
(c) Violation of a sentencing protective order or continuous protective order issued
pursuant to this Subsection (1) is a class A misdemeanor.
]
(2) In determining [
its
] 
the court's
 sentence the court, in addition to penalties otherwise
provided by law, may require the defendant to participate in an electronic or other type of
monitoring program.
(3) The court may also require the defendant to pay all or part of the costs of
counseling incurred by the victim and any children affected by or exposed to the domestic
violence offense, as well as the costs for the defendant's own counseling.
(4) The court shall:
(a) assess against the defendant, as restitution, any costs for services or treatment
provided to the victim and affected children of the victim or the defendant by the Division of
Child and Family Services under Section 
62A-4a-106
; and
(b) order those costs to be paid directly to the division or its contracted provider.
(5) The court may order the defendant to obtain and satisfactorily complete treatment
or therapy in a domestic violence treatment program, as defined in Section 
62A-2-101
, that is
licensed by the Department of Human Services.
Section 17. Section 
77-36-5.1
 is amended to read:
77-36-5.1.
Conditions of probation for individual convicted of domestic violence
offense.
(1) Before any perpetrator who has been convicted of a domestic violence offense may
be placed on probation, the court shall consider the safety and protection of the victim and any
member of the victim's family or household.
(2) The court may condition probation or a plea in abeyance on the perpetrator's
compliance with one or more orders of the court, which may include
:
(a)
 a sentencing protective order[
:
] 
issued in accordance with Section 78B-7-804;
[
(a) enjoining the perpetrator from threatening to commit or committing acts of
domestic violence against the victim or other family or household member;
]
[
(b) prohibiting the perpetrator from harassing, telephoning, contacting, or otherwise
communicating with the victim, directly or indirectly;
]
[
(c) requiring the perpetrator to stay away from the victim's residence, school, place of
employment, and the premises of any of these, or a specified place frequented regularly by the
victim or any designated family or household member;
]
[
(d)
] 
(b)
 prohibiting the perpetrator from possessing or consuming alcohol or
controlled substances;
[
(e)
] 
(c)
 prohibiting the perpetrator from purchasing, using, or possessing a firearm or
other specified weapon;
[
(f)
] 
(d)
 directing the perpetrator to surrender any weapons the perpetrator owns or
possesses;
[
(g)
] 
(e)
 directing the perpetrator to participate in and complete, to the satisfaction of
the court, a program of intervention for perpetrators, treatment for alcohol or substance abuse,
or psychiatric or psychological treatment;
[
(h)
] 
(f)
 directing the perpetrator to pay restitution to the victim, enforcement of which
shall be in accordance with Chapter 38a, Crime Victims Restitution Act; and
[
(i)
] 
(g)
 imposing any other condition necessary to protect the victim and any other
designated family or household member or to rehabilitate the perpetrator.
(3) The perpetrator is responsible for the costs of any condition of probation, according
to the perpetrator's ability to pay.
(4) (a) Adult Probation and Parole, or other provider, shall immediately report to the
court and notify the victim of any offense involving domestic violence committed by the
perpetrator, the perpetrator's failure to comply with any condition imposed by the court, and
any violation of [
any
] 
a
 sentencing [
criminal
] protective order issued by the court 
under Section
78B-7-804
.
(b) Notification of the victim under Subsection (4)(a) shall consist of a good faith
reasonable effort to provide prompt notification, including mailing a copy of the notification to
the last-known address of the victim.
[
(5) The court shall transmit all dismissals, terminations, and expirations of pretrial and
sentencing criminal protective orders issued by the court to the statewide domestic violence
network.
]
[
(6) (a) Because of the serious, unique, and highly traumatic nature of domestic
violence crimes, the high recidivism rate of violent offenders, and the demonstrated increased
risk of continued acts of violence subsequent to the release of a perpetrator who is convicted of
domestic violence, it is the finding of the Legislature that domestic violence crimes warrant the
issuance of continuous protective orders under this Subsection (6) because of the need to
provide ongoing protection for the victim and to be consistent with the purposes of protecting
victims' rights under Chapter 37, Victims' Rights, and Chapter 38, Rights of Crime Victims
Act, and Article I, Section 28 of the Utah Constitution.
]
[
(b) If a perpetrator is convicted of a domestic violence offense resulting in a sentence
of imprisonment, including jail, that is to be served after conviction, the court shall issue a
continuous protective order at the time of the conviction or sentencing limiting the contact
between the perpetrator and the victim unless the court determines by clear and convincing
evidence that the victim does not a have a reasonable fear of future harm or abuse.
]
[
(c) (i) The court shall notify the perpetrator of the right to request a hearing.
]
[
(ii) If the perpetrator requests a hearing under this Subsection (6)(c), the court shall
hold the hearing at the time determined by the court. The continuous protective order shall be
in effect while the hearing is being scheduled and while the hearing is pending.
]
[
(d) A continuous protective order is permanent in accordance with this Subsection
(6)(d) and may grant the following relief:
]
[
(i) enjoining the perpetrator from threatening to commit or committing acts of
domestic violence against the victim or other family or household member;
]
[
(ii) prohibiting the perpetrator from harassing, telephoning, contacting, or otherwise
communicating with the victim, directly or indirectly;
]
[
(iii) prohibiting the perpetrator from going to the victim's residence, school, place of
employment, and the premises of any of these, or a specified place frequented regularly by the
victim or any designated family or other household member;
]
[
(iv) directing the perpetrator to pay restitution to the victim as may apply, and shall be
enforced in accordance with Chapter 38a, Crime Victims Restitution Act; and
]
[
(v) any other order the court considers necessary to fully protect the victim and
members of the victim's family or other household member.
]
[
(e) A continuous protective order may be modified or dismissed only if the court
determines by clear and convincing evidence that all requirements of this Subsection (6) have
been met and the victim does not have a reasonable fear of future harm or abuse.
]
[
(f) Notice of a continuous protective order issued pursuant to this section shall be sent
by the court to the statewide domestic violence network.
]
[
(g) Violation of a continuous protective order issued pursuant to this Subsection (6) is
a class A misdemeanor, is a domestic violence offense under Section 
77-36-1
, and is subject to
increased penalties in accordance with Section 
77-36-1.1
.
]
[
(h) In addition to the process of issuing a continuous protective order described in
Subsection (6)(a), a district court may issue a continuous protective order at any time if the
victim files a petition with the district court, and after notice and hearing the district court finds
that a continuous protective order is necessary to protect the victim.
]
[
(7) (a) Before release of a person who is subject to a continuous protective order
issued under Subsection (6), the victim shall receive notice of the imminent release by the law
enforcement agency that is releasing the person who is subject to the continuous protective
order:
]
[
(i) if the victim has provided the law enforcement agency contact information; and
]
[
(ii) in accordance with Section 
64-13-14.7
, if applicable.
]
[
(b) Before release, the law enforcement agency shall notify in writing the person being
released that a violation of the continuous protective order issued at the time of conviction or
sentencing continues to apply, and that a violation of the continuous protective order is a class
A misdemeanor, is a separate domestic violence offense under Section 
77-36-1
, and is subject
to increased penalties in accordance with Section 
77-36-1.1
.
]
[
(8)
] 
(5)
 In addition to a protective order issued under this section, the court may issue
a separate order relating to the transfer of a wireless telephone number in accordance with
Section [
77-36-5.3
] 
78B-7-117
.
Section 18. Section 
77-36-6
 is amended to read:
77-36-6.
Enforcement of orders.
(1) Each law enforcement agency in this state shall enforce all orders of the court
issued [
pursuant to
] 
under
 the requirements and procedures described in this chapter, and shall
enforce:
(a) all protective orders and ex parte protective orders issued [
pursuant to
] 
under
 Title
78B, Chapter 7, [
Part 1, Cohabitant Abuse Act
] 
Part 6, Cohabitant Abuse Protective Orders
;
(b) pretrial protective orders 
issued under Section 
78B-7-803
 and sentencing protective
orders 
issued under Section 
78B-7-804
; and
(c) all foreign protection orders enforceable under Title 78B, Chapter 7, Part 3,
Uniform Interstate Enforcement of Domestic Violence Protection Orders Act.
(2) The requirements of this section apply statewide, regardless of the jurisdiction in
which the order was issued or the location of the victim or the perpetrator.
Section 19. Section 
77-38-403
 is amended to read:
77-38-403.
Definitions.
As used in this part:
(1) "Advocacy services" means assistance provided that supports, supplements,
intervenes, or links a victim or a victim's family with appropriate resources and services to
address the wide range of potential impacts of being victimized.
(2) "Advocacy services provider" means an entity that has the primary focus of
providing advocacy services in general or with specialization to a specific crime type or
specific type of victimization.
(3) "Confidential communication" means a communication that is intended to be
confidential between a victim and a victim advocate for the purpose of obtaining advocacy
services.
(4) "Criminal justice system victim advocate" means an individual who:
(a) is employed or authorized to volunteer by a government agency that possesses a
role or responsibility within the criminal justice system;
(b) has as a primary responsibility addressing the mental, physical, or emotional
recovery of victims;
(c) completes a minimum 40 hours of trauma-informed training:
(i) in crisis response, the effects of crime and trauma on victims, victim advocacy
services and ethics, informed consent, and this part regarding privileged confidential
communication; and
(ii) that have been approved or provided by the Utah Office for Victims of Crime; and
(d) is under the supervision of the director or director's designee of the government
agency.
(5) "Health care provider" means the same as that term is defined in Section
78B-3-403
.
(6) "Mental health therapist" means the same as that term is defined in Section
58-60-102
.
(7) "Nongovernment organization victim advocate" means an individual who:
(a) is employed or authorized to volunteer by an nongovernment organization advocacy
services provider;
(b) has as a primary responsibility addressing the mental, physical, or emotional
recovery of victims;
(c) has a minimum 40 hours of trauma-informed training:
(i) in assisting victims specific to the specialization or focus of the nongovernment
organization advocacy services provider and includes this part regarding privileged confidential
communication; and
(ii) (A) that have been approved or provided by the Utah Office for Victims of Crime;
or
(B) that meets other minimally equivalent standards set forth by the nongovernment
organization advocacy services provider; and
(d) is under the supervision of the director or the director's designee of the
nongovernment organization advocacy services provider.
(8) "Record" means a book, letter, document, paper, map, plan, photograph, file, card,
tape, recording, electronic data, or other documentary material regardless of physical form or
characteristics.
(9) "Victim" means:
(a) a [
"victim of a crime"
] 
victim of a crime
 as defined in Section 
77-38-2
;
(b) an individual who is a victim of domestic violence as defined in Section 
77-36-1
;
or
(c) an individual who is a victim of dating violence as defined in Section [
78B-7-402
]
78B-7-102
.
(10) 
(a)
 "Victim advocate" means:
[
(a)
] 
(i)
 a criminal justice system victim advocate;
[
(b)
] 
(ii)
 a nongovernment organization victim advocate; or
[
(c)
] 
(iii)
 an individual who is employed or authorized to volunteer by a public or
private entity and is designated by the Utah Office for Victims of Crime as having the specific
purpose of providing advocacy services to or for the clients of the public or private entity.
[
(d)
] 
(b)
 "Victim advocate" does not include an employee of the Utah Office for
Victims of Crime.
Section 20. Section 
78A-6-103
 is amended to read:
78A-6-103.
Jurisdiction of juvenile court -- Original -- Exclusive.
(1) Except as otherwise provided by law, the juvenile court has exclusive original
jurisdiction in proceedings concerning:
(a) a child who has violated any federal, state, or local law or municipal ordinance or a
person younger than 21 years of age who has violated any law or ordinance before becoming
18 years of age, regardless of where the violation occurred, excluding offenses:
(i) in Section 
53G-8-211
 until such time that the child is referred to the courts under
Section 
53G-8-211
; and
(ii) in Subsection 
78A-7-106
(2);
(b) a child who is an abused child, neglected child, or dependent child, as those terms
are defined in Section 
78A-6-105
;
(c) a protective order for a child pursuant to Title 78B, Chapter 7, Part 2, Child
Protective Orders, which the juvenile court may transfer to the district court if the juvenile
court has entered an ex parte protective order and finds that:
(i) the petitioner and the respondent are the natural parent, adoptive parent, or step
parent of the child who is the object of the petition;
(ii) the district court has a petition pending or an order related to custody or parent-time
entered under Title 30, Chapter 3, Divorce, Title 78B, Chapter 7, [
Part 1, Cohabitant Abuse
Act
] 
Part 6, Cohabitant Abuse Protective Orders
, or Title 78B, Chapter 15, Utah Uniform
Parentage Act, in which the petitioner and the respondent are parties; and
(iii) the best interests of the child will be better served in the district court;
(d) appointment of a guardian of the person or other guardian of a minor who comes
within the court's jurisdiction under other provisions of this section;
(e) the emancipation of a minor in accordance with Part 8, Emancipation;
(f) the termination of the legal parent-child relationship in accordance with Part 5,
Termination of Parental Rights Act, including termination of residual parental rights and
duties;
(g) the treatment or commitment of a minor who has an intellectual disability;
(h) the judicial consent to the marriage of a minor 16 or 17 years old upon a
determination of voluntariness or where otherwise required by law;
(i) any parent or parents of a child committed to a secure youth facility, to order, at the
discretion of the court and on the recommendation of a secure facility, the parent or parents of a
child committed to a secure facility for a custodial term, to undergo group rehabilitation
therapy under the direction of a secure facility therapist, who has supervision of that parent's or
parents' child, or any other therapist the court may direct, for a period directed by the court as
recommended by a secure facility;
(j) a minor under Title 55, Chapter 12, Interstate Compact for Juveniles;
(k) subject to Subsection (8), the treatment or commitment of a child with a mental
illness;
(l) the commitment of a child to a secure drug or alcohol facility in accordance with
Section 
62A-15-301
;
(m) a minor found not competent to proceed pursuant to Section 
78A-6-1301
;
(n) de novo review of final agency actions resulting from an informal adjudicative
proceeding as provided in Section 
63G-4-402
; and
(o) adoptions conducted in accordance with the procedures described in Title 78B,
Chapter 6, Part 1, Utah Adoption Act, when the juvenile court has previously entered an order
terminating the rights of a parent and finds that adoption is in the best interest of the child.
(2) (a) Notwithstanding Section 
78A-7-106
 and Subsection 
78A-5-102
(9), the juvenile
court has exclusive jurisdiction over the following offenses committed by a child:
(i) Title 41, Chapter 6a, Part 5, Driving Under the Influence and Reckless Driving;
(ii) Section 
73-18-12
, reckless operation; and
(iii) class B and C misdemeanors, infractions, or violations of ordinances that are part
of a single criminal episode filed in a petition that contains an offense over which the court has
jurisdiction.
(b) A juvenile court may only order substance use disorder treatment or an educational
series if the minor has an assessed need for the intervention on the basis of the results of a
validated assessment.
(3) The juvenile court has jurisdiction over an ungovernable or runaway child who is
referred to it by the Division of Child and Family Services or by public or private agencies that
contract with the division to provide services to that child when, despite earnest and persistent
efforts by the division or agency, the child has demonstrated that the child:
(a) is beyond the control of the child's parent, guardian, or lawful custodian to the
extent that the child's behavior or condition endangers the child's own welfare or the welfare of
others; or
(b) has run away from home.
(4) This section does not restrict the right of access to the juvenile court by private
agencies or other persons.
(5) The juvenile court has jurisdiction of all magistrate functions relative to cases
arising under Section 
78A-6-702
.
(6) The juvenile court has jurisdiction to make a finding of substantiated,
unsubstantiated, or without merit, in accordance with Section 
78A-6-323
.
(7) The juvenile court has jurisdiction of matters transferred to it by another trial court
pursuant to Subsection 
78A-7-106
(5) and subject to Section 
53G-8-211
.
(8) The court may commit a child to the physical custody of a local mental health
authority in accordance with Title 62A, Chapter 15, Part 7, Commitment of Persons Under Age
18 to Division of Substance Abuse and Mental Health, but not directly to the Utah State
Hospital.
Section 21. Section 
78A-6-114
 is amended to read:
78A-6-114.
Hearings -- Public excluded, exceptions -- Victims admitted -- Minor's
cases heard separately from adult cases -- Minor or parents or custodian heard
separately -- Continuance of hearing -- Consolidation of proceedings involving more than
one minor.
(1) Hearings in [
minor's
] 
minors'
 cases shall be held before the court without a jury and
may be conducted in an informal manner.
(a) (i) In abuse, neglect, and dependency cases the court shall admit any person to a
hearing, including a hearing under Section 
78A-6-322
, unless the court makes a finding upon
the record that the person's presence at the hearing would:
(A) be detrimental to the best interest of a child who is a party to the proceeding;
(B) impair the fact-finding process; or
(C) be otherwise contrary to the interests of justice.
(ii) The court may exclude a person from a hearing under Subsection (1)(a)(i) on its
own motion or by motion of a party to the proceeding.
(b) In delinquency cases the court shall admit all persons who have a direct interest in
the case and may admit persons requested by the parent or legal guardian to be present. The
court shall exclude all other persons except as provided in Subsection (1)(c).
(c) In delinquency cases in which the minor charged is 14 years of age or older, the
court shall admit any person unless the hearing is closed by the court upon findings on the
record for good cause if:
(i) the minor has been charged with an offense which would be a felony if committed
by an adult; or
(ii) the minor is charged with an offense that would be a class A or B misdemeanor if
committed by an adult, and the minor has been previously charged with an offense which
would be a misdemeanor or felony if committed by an adult.
(d) The victim of any act charged in a petition or information involving an offense
committed by a minor which if committed by an adult would be a felony or a class A or class B
misdemeanor shall, upon request, be afforded all rights afforded victims in Title 77, Chapter
36, Cohabitant Abuse Procedures Act, Title 77, Chapter 37, Victims' Rights, [
and
] Title 77,
Chapter 38, Rights of Crime Victims Act
, and Title 78B, Chapter 7, Part 8, Criminal Protective
Orders
. The notice provisions in Section 
77-38-3
 do not apply to important juvenile justice
hearings as defined in Section 
77-38-2
.
(e) A victim, upon request to appropriate juvenile court personnel, shall have the right
to inspect and duplicate juvenile court legal records that have not been expunged concerning:
(i) the scheduling of any court hearings on the petition;
(ii) any findings made by the court; and
(iii) any sentence or decree imposed by the court.
(2) [
Minor's
] 
Minors'
 cases shall be heard separately from adult cases. The minor or
the parents or custodian of a minor may be heard separately when considered necessary by the
court. The hearing may be continued from time to time to a date specified by court order.
(3) When more than one child is involved in a home situation which may be found to
constitute neglect or dependency, or when more than one minor is alleged to be involved in the
same law violation, the proceedings may be consolidated, except that separate hearings may be
held with respect to disposition.
Section 22. Section 
78A-6-123
 is amended to read:
78A-6-123.
Case planning and appropriate responses.
(1) For a minor adjudicated and placed on probation or into the custody of the Division
of Juvenile Justice Services under Section 
78A-6-117
, a case plan shall be created and shall be:
(a) developed in collaboration with the minor and the minor's family;
(b) individualized to the minor;
(c) informed by the results of a validated risk and needs assessment; and
(d) tailored to the minor's offense and history.
(2) (a) The Administrative Office of the Courts and the Division of Juvenile Justice
Services shall develop a statewide system of appropriate responses to guide responses to the
behaviors of minors:
(i) undergoing nonjudicial adjustments;
(ii) under the jurisdiction of the juvenile court; and
(iii) in the custody of the Division of Juvenile Justice Services.
(b) The system of responses shall include both sanctions and incentives that:
(i) are swift and certain;
(ii) include a continuum of community based responses for minors living at home;
(iii) target a minor's criminogenic risks and needs, as determined by the results of a
validated risk and needs assessment, and the severity of the violation; and
(iv) authorize earned discharge credits as one incentive for compliance.
(c) After considering the guidelines established by the Sentencing Commission,
pursuant to Section 
63M-7-404
, the system of appropriate responses under Subsections (2)(a)
and (b) shall be developed.
(3) A response to a compliant or noncompliant behavior under Subsection (2) shall be
documented in the minor's case plan. Documentation shall include:
(a) positive behaviors and incentives offered;
(b) violations and corresponding sanctions; and
(c) whether the minor has a subsequent violation after a sanction.
(4) Before referring a minor to court for judicial review or to the Youth Parole
Authority if the minor is under the jurisdiction of the Youth Parole Authority in response to a
violation, either through a contempt filing under Section 
78A-6-1101
 or an order to show
cause, pursuant to Subsections (2)(a) and (b), a pattern of appropriate responses shall be
documented in the minor's case plan .
(5) Notwithstanding Subsection (4), violations of protective orders or ex parte
[
protection orders
] 
protective orders
 listed in [
Subsection 
77-36-2.7
(3)
] 
Section 
78B-7-803
with victims and violations that constitute new delinquency offenses may be filed directly with
the court.
Section 23. Section 
78B-7-101
 is amended to read:
CHAPTER 7. PROTECTIVE ORDERS AND STALKING INJUNCTIONS
Part 1. General Provisions
78B-7-101.
Title.
This [
part
] 
chapter
 is known and may be cited as [
the "Cohabitant Abuse Act."
]
"Protective Orders and Stalking Injunctions."
Section 24. Section 
78B-7-102
 is amended to read:
78B-7-102.
Definitions.
As used in this chapter:
(1) "Abuse" means
, except as provided in Section 
78B-7-201
,
 intentionally or
knowingly causing or attempting to cause [
a cohabitant physical harm or intentionally or
knowingly placing a cohabitant
] 
another individual physical harm or intentionally or knowingly
placing another individual
 in reasonable fear of imminent physical harm.
(2) "Civil protective order" means an order issued, subsequent to a hearing on the
petition, of which the petitioner and respondent have been given notice, under:
(a) Part 2, Child Protective Orders;
(b) Part 4, Dating Violence Protective Orders;
(c) Part 5, Sexual Violence Protective Orders; or
(d) Part 6, Cohabitant Abuse Protective Orders.
(3) "Civil stalking injunction" means a stalking injunction issued, subsequent to a
hearing on the petition, of which the petitioner and respondent have been given notice, under
Part 7, Civil Stalking Injunctions.
[
(2)
] 
(4) (a)
 "Cohabitant" means an emancipated [
person pursuant to
] 
individual under
Section 
15-2-1
 or [
a person
] 
an individual
 who is 16 years of age or older who:
[
(a)
] 
(i)
 is or was a spouse of the other party;
[
(b)
] 
(ii)
 is or was living as if a spouse of the other party;
[
(c)
] 
(iii)
 is related by blood or marriage to the other party as the [
person's
] 
individual's
parent, grandparent, sibling, or any other [
person
] 
individual
 related to the [
person
] 
individual
by consanguinity or affinity to the second degree;
[
(d)
] 
(iv)
 has or had one or more children in common with the other party;
[
(e)
] 
(v)
 is the biological parent of the other party's unborn child;
[
(f)
] 
(vi)
 resides or has resided in the same residence as the other party; or
[
(g)
] 
(vii)
 is or was in a consensual sexual relationship with the other party.
[
(3)
] 
(b)
 Notwithstanding Subsection [
(2)
] 
(4)(a)
, "cohabitant" does not include:
[
(a)
] 
(i)
 the relationship of natural parent, adoptive parent, or step-parent to a minor; or
[
(b)
] 
(ii)
 the relationship between natural, adoptive, step, or foster siblings who are
under 18 years of age.
(5) "Criminal protective order" means an order issued under Part 8, Criminal Protective
Orders.
[
(4)
] 
(6)
 "Court clerk" means a district court clerk.
(7) (a) "Dating partner" means an individual who:
(i) (A) is an emancipated individual under Section 
15-2-1
 or Title 78A, Chapter 6, Part
8, Emancipation; or
(B) is 18 years of age or older; and
(ii) is, or has been, in a dating relationship with the other party.
(b) "Dating partner" does not include an intimate partner.
(8) (a) "Dating relationship" means a social relationship of a romantic or intimate
nature, or a relationship which has romance or intimacy as a goal by one or both parties,
regardless of whether the relationship involves sexual intimacy.
(b) "Dating relationship" does not include casual fraternization in a business,
educational, or social context.
(c) In determining, based on a totality of the circumstances, whether a dating
relationship exists:
(i) all relevant factors shall be considered, including:
(A) whether the parties developed interpersonal bonding above a mere casual
fraternization;
(B) the length of the parties' relationship;
(C) the nature and the frequency of the parties' interactions, including communications
indicating that the parties intended to begin a dating relationship;
(D) the ongoing expectations of the parties, individual or jointly, with respect to the
relationship;
(E) whether, by statement or conduct, the parties demonstrated an affirmation of their
relationship to others; and
(F) whether other reasons exist that support or detract from a finding that a dating
relationship exists; and
(ii) it is not necessary that all, or a particular number, of the factors described in
Subsection (8)(c)(i) are found to support the existence of a dating relationship.
[
(5)
] 
(9)
 "Domestic violence" means the same as that term is defined in Section
77-36-1
.
[
(6)
] 
(10)
 "Ex parte 
civil
 protective order" means an order issued without notice to the
respondent [
in accordance with this chapter.
] 
under:
(a) Part 2, Child Protective Orders;
(b) Part 4, Dating Violence Protective Orders;
(c) Part 5, Sexual Violence Protective Orders; or
(d) Part 6, Cohabitant Abuse Protective Orders.
(11) "Ex parte civil stalking injunction" means a stalking injunction issued without
notice to the respondent under Part 8, Civil Stalking Injunctions.
[
(7)
] 
(12)
 "Foreign protection order" means the same as that term is defined in Section
78B-7-302
.
(13) "Intimate partner" means the same as that term is defined in 18 U.S.C. Sec. 921.
[
(8)
] 
(14)
 "Law enforcement unit" or "law enforcement agency" means any public
agency having general police power and charged with making arrests in connection with
enforcement of the criminal statutes and ordinances of this state or any political subdivision.
[
(9)
] 
(15)
 "Peace officer" means those [
persons
] 
individuals
 specified in Title 53,
Chapter 13, Peace Officer Classifications.
[
(10) "Protective order" means:
]
[
(a) an order issued pursuant to this chapter subsequent to a hearing on the petition, of
which the petitioner and respondent have been given notice in accordance with this chapter; or
]
[
(b) an order issued under Subsection 
77-36-5.1
(6).
]
(16) "Qualifying domestic violence offense" means the same as that term is defined in
Section 
77-36-1.1
.
(17) "Respondent" means the individual against whom enforcement of a protective
order is sought.
(18) "Stalking" means the same as that term is defined in Section 
76-5-106.5
.
Section 25. Section 
78B-7-104
 is amended to read:
78B-7-104.
Venue of action for ex parte civil protective orders and civil protective
orders.
(1) [
The
] 
Except as provided in Part 2, Child Protective Orders, the
 district court has
jurisdiction of any action 
for an ex parte civil protective order or civil protective order
 brought
under this chapter.
(2) An action 
for an ex parte civil protective order or civil protective order
 brought
[
pursuant to
] 
under
 this chapter shall be filed in the county where either party resides or in
which the action complained of took place.
Section 26. Section 
78B-7-105
 is amended to read:
78B-7-105.
Forms for petitions, civil protective orders, and civil stalking
injunctions -- Assistance -- Fees.
(1) (a) The offices of the court clerk shall provide forms [
and nonlegal assistance to
persons seeking to proceed
] 
to an individual seeking any of the following
 under this chapter[
.
]
:
(i) an ex parte civil protective order;
(ii) a civil protective order;
(iii) an ex parte stalking injunction; or
(iv) a civil stalking injunction.
(b) The Administrative Office of the Courts shall
:
(i)
 develop and adopt uniform forms for petitions and [
orders for protection
] 
the
protective orders and stalking injunctions described in Subsection (1)
 in accordance with the
provisions of this chapter[
. That office shall
]
; and
(ii)
 provide the forms to the clerk of each court authorized to issue [
protective orders
]
the protective orders and stalking injunctions described in Subsection (1)
. [
The
]
(2) For an ex parte civil protective order and a civil protective order, the
 forms
described in Subsection (1)(b)
 shall include:
[
(i)
] 
(a)
 a statement notifying the petitioner for an ex parte 
civil
 protective order that
knowing falsification of any statement or information provided for the purpose of obtaining a
civil
 protective order may subject the petitioner to felony prosecution;
(b) language indicating the criminal penalty for a violation of an ex parte civil
protective order or a civil protective order under this chapter and language stating a violation of
or failure to comply with a civil provision is subject to contempt proceedings;
(c) a space for information the petitioner is able to provide to facilitate identification of
the respondent, including the respondent's social security number, driver license number, date
of birth, address, telephone number, and physical description;
(d) a space for information the petitioner is able to provide related to a proceeding for a
civil protective order or a criminal protective order, civil litigation, a proceeding in juvenile
court, or a criminal case involving either party, including the case name, file number, the
county and state of the proceeding, and the judge's name;
(e) a space to indicate whether the party to be protected is an intimate partner to the
respondent or a child of an intimate partner to the respondent; and
(f) for a petition under Part 6, Cohabitant Abuse Protective Orders:
[
(ii)
] 
(i)
 a separate portion of the form for those provisions, the violation of which is a
criminal offense, and a separate portion for those provisions, the violation of which is a civil
violation[
, as provided in Subsection 
78B-7-106
(6)
];
[
(iii) language in the criminal provision portion stating violation of any criminal
provision is a class A misdemeanor, and language in the civil portion stating violation of or
failure to comply with a civil provision is subject to contempt proceedings;
]
[
(iv) a space for information the petitioner is able to provide to facilitate identification
of the respondent, such as social security number, driver license number, date of birth, address,
telephone number, and physical description;
]
[
(v) a space for the petitioner to request a specific period of time for the civil
provisions to be in effect, not to exceed 150 days, unless the petitioner provides in writing the
reason for the requested extension of the length of time beyond 150 days;
]
[
(vi) a statement advising the petitioner that when a minor child is included in an ex
parte protective order or a protective order, as part of either the criminal or the civil portion of
the order, the petitioner may provide a copy of the order to the principal of the school where the
child attends;
]
[
(vii) a statement advising the petitioner that if the respondent fails to return custody of
a minor child to the petitioner as ordered in a protective order, the petitioner may obtain from
the court a writ of assistance; and
]
[
(viii) a space for information the petitioner is able to provide related to a proceeding
for an order for protection, civil litigation, a proceeding in juvenile court, and a criminal case
involving either party, including:
]
[
(A) the case name;
]
[
(B) the file number;
]
[
(C) the county and state of the proceeding; and
]
[
(D) the judge's name.
]
(ii) a statement advising the petitioner that when a child is included in an ex parte
protective order or a protective order, as part of either the criminal or the civil portion of the
order, the petitioner may provide a copy of the order to the principal of the school that the child
attends; and
(iii) a statement advising the petitioner that if the respondent fails to return custody of a
minor child to the petitioner as ordered in a protective order, the petitioner may obtain from the
court a writ of assistance.
[
(2)
] 
(3)
 If the [
person
] 
individual
 seeking to proceed 
as a petitioner
 under this chapter
is not represented by an attorney, [
it is the responsibility of
] the court clerk's office [
to
] 
shall
provide 
nonlegal assistance, including
:
(a) the forms adopted [
pursuant to
] 
under
 Subsection [
(1)
] 
(2)
;
(b) all other forms required to petition for [
an order for protection including, but not
limited to,
] 
a protective order or stalking injunction described in Subsection (1), including
forms for service;
(c) clerical assistance in filling out the forms and filing the petition, [
in accordance
with Subsection (1)(a), except that a
] 
or if the
 court clerk's office [
may designate any other
]
designates another
 entity, agency, or person to provide that service, [
but the court clerk's office
is responsible
] 
oversight over the entity, agency, or person
 to see that the service is provided;
(d) information regarding the means available for the service of process;
(e) a list of legal service organizations that may represent the petitioner in an action
brought under this chapter, together with the telephone numbers of those organizations; and
(f) written information regarding the procedure for transporting a jailed or imprisoned
respondent to the protective order hearing, including an explanation of the use of transportation
order forms when necessary.
[
(3)
] 
(4)
 A court clerk, constable, or law enforcement agency may not impose a charge
for:
(a) filing a petition under this chapter;
(b) obtaining an ex parte 
civil
 protective order 
or ex parte civil stalking injunction
;
(c) obtaining copies, either certified or [
not certified
] 
uncertified
, necessary for service
or delivery to law enforcement officials; or
(d) fees for service of [
a petition, ex parte protective order, or protective order.
]
:
(i) a petition under this chapter;
(ii) an ex parte civil protective order;
(iii) a civil protective order;
(iv) an ex parte civil stalking injunction; or
(v) a civil stalking injunction.
[
(4)
] 
(5)
 A petition for [
an order of protection
] 
an ex parte civil protective order and a
civil protective order
 shall be in writing and verified.
[
(5)
] 
(6)
 (a) [
An order for protection
] 
An ex parte civil protective order and a civil
protective order
 shall be issued in the form adopted by the Administrative Office of the Courts
[
pursuant to
] 
under
 Subsection [
(1)
] 
(2)
.
(b) [
A protective order issued, except orders issued ex parte,
] 
A civil protective order
that is issued
 shall
, if applicable,
 include the following language:
"Respondent was afforded both notice and opportunity to be heard in the hearing that
gave rise to this order. Pursuant to the Violence Against Women Act of 1994, P.L. 103-322,
108 Stat. 1796, 18 U.S.C. Sec. 2265, this order is valid in all the United States, the District of
Columbia, tribal lands, and United States territories. This order complies with the Uniform
Interstate Enforcement of Domestic Violence Protection Orders Act."
(c) [
A protective order issued in accordance with this part, including protective orders
issued ex parte and except for a continuous protective order issued under Subsection
77-36-5.1
(6),
] 
An ex parte civil protective order and a civil protective order issued under Part
6, Cohabitant Abuse Protective Orders,
 shall include the following language:
"NOTICE TO PETITIONER: The court may amend or dismiss a protective order after
one year if it finds that the basis for the issuance of the protective order no longer exists and the
petitioner has repeatedly acted in contravention of the protective order provisions to
intentionally or knowingly induce the respondent to violate the protective order, demonstrating
to the court that the petitioner no longer has a reasonable fear of the respondent."
(7) (a) (i) The court clerk shall provide, without charge, to the petitioner, one certified
copy of a civil stalking injunction issued by the court and one certified copy of the proof of
service of the civil stalking injunction on the respondent.
(ii) A charge may be imposed by the court clerk's office for any copies in addition to
the copy described in Subsection (7)(a)(i), certified or uncertified.
(b) An ex parte civil stalking injunction and civil stalking injunction shall include the
following statement:
"Attention: This is an official court order. If you disobey this order, the court may find
you in contempt. You may also be arrested and prosecuted for the crime of stalking and any
other crime you may have committed in disobeying this order."
Section 27. Section 
78B-7-109
 is amended to read:
78B-7-109.
Continuing duty to inform court of other proceedings -- Effect of
other proceedings.
(1) Each party has a continuing duty to inform the court of each proceeding for [
an
order for protection
] 
a civil protective order or a criminal protective order
, any civil litigation,
each proceeding in juvenile court, and each criminal case involving either party, including the
case name, the file number, and the county and state of the proceeding, if that information is
known by the party.
(2) (a) [
An order for protection issued pursuant to
] 
A civil protective order issued
under
 this chapter is in addition to and not in lieu of any other available civil or criminal
proceeding.
(b) A petitioner is not barred from seeking a 
civil
 protective order because of other
pending proceedings.
(c) A court may not delay granting [
relief
] 
a civil protective order
 under this chapter
because of the existence of a pending civil action between the parties.
(3) A petitioner may omit the petitioner's address from all documents filed with the
court under this chapter, but shall separately provide the court with a mailing address that is not
to be made part of the public record, but that may be provided to a peace officer or entity for
service of process.
Section 28. Section 
78B-7-112
 is amended to read:
78B-7-112.
Division of Child and Family Services -- Development and assistance
of volunteer network.
(1) The Division of Child and Family Services within the Department of Human
Services shall, either directly or by contract:
(a) develop a statewide network of volunteers and community resources to support,
assist, and advocate on behalf of victims of domestic violence;
(b) train volunteers to provide clerical assistance to [
persons seeking orders for
protection
] 
individuals seeking a civil protective order
 under this chapter;
(c) coordinate the provision of volunteer services with Utah Legal Services and the
Legal Aid Society; and
(d) assist local government officials in establishing community based support systems
for victims of domestic violence.
(2) Volunteers shall provide additional nonlegal assistance to victims of domestic
violence, including providing information on the location and availability of shelters and other
community resources.
Section 29. Section 
78B-7-113
 is amended to read:
78B-7-113.
Statewide domestic violence network -- Peace officers' duties --
Prevention of abuse in absence of order -- Limitation of liability.
(1) (a) 
(i)
 Law enforcement units, the Department of Public Safety, and the
Administrative Office of the Courts shall utilize statewide procedures to ensure that [
peace
officers
] 
a peace officer
 at the scene of an alleged violation of a 
civil
 protective order [
or
pretrial criminal no contact order have
] 
or criminal protective order has
 immediate access to
information necessary to verify the existence and terms of that order, and other orders of the
court required to be made available on the network [
by the provisions of
] 
under
 this chapter,
Title 77, Chapter 36, Cohabitant Abuse Procedures Act, or Section 
77-38-3
. [
Those
]
(ii) The peace
 officers 
described in Subsection (1)(a)(i)
 shall use every reasonable
means to enforce the court's order, in accordance with the requirements and procedures of this
chapter, Title 77, Chapter 36, Cohabitant Abuse Procedures Act, and Section 
77-38-3
.
(b) The Administrative Office of the Courts, in cooperation with the Department of
Public Safety and the Criminal Investigations and Technical Services Division, established in
Section 
53-10-103
, shall provide for a single, statewide network containing:
(i) all [
orders for protection
] 
civil protective orders and criminal protective orders
issued by a court of this state; and
(ii) all other court orders or reports of court action that are required to be available on
the network under this chapter, Title 77, Chapter 36, Cohabitant Abuse Procedures Act, and
Section 
77-38-3
.
(c) The entities described in Subsection (1)(b) may utilize the same mechanism as the
statewide warrant system, described in Section 
53-10-208
.
(d) [
All
] 
(i) Except as provided in Subsection (1)(d)(ii), the Administrative Office of
the Courts shall make all
 orders and reports required to be available on the network [
shall be
]
available within 24 hours after court action.
(ii)
 If the court that issued [
the order
] 
an order that is required to be available under
Subsection (1)(d)(i)
 is not part of the state court computer system, the [
orders and reports shall
be
] 
Administrative Office of the Courts shall make the order and report
 available on the
network within 72 hours 
after court action
.
(e) The 
Administrative Office of the Courts and the Department of Public Safety shall
make the
 information contained in the network [
shall be
] available to a court, law enforcement
officer, or agency upon request.
(2) When any peace officer has reason to believe a cohabitant or child of a cohabitant
is being abused, or that there is a substantial likelihood of immediate danger of abuse, although
no 
civil or criminal
 protective order has been issued, that officer shall use all reasonable means
to prevent the abuse, including:
(a) remaining on the scene as long as it reasonably appears there would otherwise be
danger of abuse;
(b) making arrangements for the victim to obtain emergency medical treatment;
(c) making arrangements for the victim to obtain emergency housing or shelter care;
(d) explaining to the victim [
his or her
] 
the victim's
 rights in these matters;
(e) asking the victim to sign a written statement describing the incident of abuse; or
(f) arresting and taking into physical custody the abuser in accordance with the
provisions of Title 77, Chapter 36, Cohabitant Abuse Procedures Act.
(3) No person or institution may be held criminally or civilly liable for the performance
of, or failure to perform, any duty established by this chapter, so long as that person acted in
good faith and without malice.
Section 30. Section 
78B-7-117
, which is renumbered from Section 77-36-5.3 is
renumbered and amended to read:
[
77-36-5.3
].
 78B-7-117.
Court order for transfer of wireless telephone number.
(1) As used in this section, "wireless service provider" means a provider of commercial
mobile service under Section 332(d) of the Federal Telecommunications Act of 1996.
(2) At or after the time that a court issues a 
sentencing protective order or continuous
protective order under Section [
77-36-5.1
 or an order of protection
] 
78B-7-804
 or a cohabitant
abuse protective order
 under Section [
78B-7-106
] 
78B-7-603
, the court may order the transfer
of a wireless telephone number as provided in this section, if:
(a) the perpetrator is the account holder for the wireless telephone number;
(b) the number is assigned to a telephone that is primarily used by the victim or an
individual who will reside with the victim during the time that the protective order or the order
of protection is in effect; and
(c) the victim requests transfer of the wireless telephone number.
(3) An order transferring a wireless telephone number under this section shall:
(a) direct a wireless service provider to transfer the rights to, and the billing
responsibility for, the wireless telephone number to the victim; and
(b) include the wireless telephone number to be transferred, the name of the transferee,
and the name of the account holder.
(4) A wireless service provider shall comply with an order issued under this section,
unless compliance is not reasonably possible due to:
(a) the account holder having already terminated the account;
(b) differences in network technology that prevent the victim's device from functioning
on the network to which the number is to be transferred;
(c) geographic or other service availability constraints; or
(d) other barriers outside the control of the wireless service provider.
(5) A wireless service provider that fails to comply with an order issued under this
section shall, within four business days after the day on which the wireless service provider
receives the order, provide notice to the victim stating:
(a) that the wireless service provider is not able to reasonably comply with the order;
and
(b) the reason that the wireless service provider is not able to reasonably comply with
the order.
(6) The victim has full financial responsibility for each wireless telephone number
transferred to the victim by an order under this section, beginning on the day on which the
wireless telephone number is transferred, including monthly service costs and costs for any
mobile device associated with the wireless telephone number.
(7) This section does not preclude a wireless service provider from applying standard
requirements for account establishment to the victim when transferring financial responsibility
under Subsection (6).
(8) A wireless service provider, and any officer, employee, or agent of the wireless
service provider, is not civilly liable for action taken in compliance with an order issued under
this section. 
Section 31. Section 
78B-7-118
 is enacted to read:
 78B-7-118.
Construction with Utah Rules of Civil Procedure.
To the extent the provisions of this part are more specific than the Utah Rules of Civil
Procedure regarding a civil protective order the provisions of this chapter govern.
Section 32. Section 
78B-7-119
 is enacted to read:
 78B-7-119.
Duties of law enforcement -- Enforcement.
A law enforcement officer shall, without a warrant, arrest an alleged perpetrator
whenever there is probable cause to believe that the alleged perpetrator has violated any of the
provisions of any of the following that has been served on the alleged perpetrator:
(1) an ex parte civil protective order;
(2) a civil protective order;
(3) an ex parte civil stalking injunction;
(4) a civil stalking injunction;
(5) a criminal protective order;
(6) a permanent criminal stalking injunction; or
(7) a foreign protective order enforceable under Part 3, Uniform Interstate Enforcement
of Domestic Violence Protective Orders.
Section 33. Section 
78B-7-201
 is amended to read:
78B-7-201.
Definitions.
As used in this chapter:
(1) "Abuse" means:
(a) physical abuse;
(b) sexual abuse;
(c) any sexual offense described in Title 76, Chapter 5b, Part 2, Sexual Exploitation; or
(d) human trafficking of a child for sexual exploitation under Section 
76-5-308.5
.
(2) "Child abuse protective order" means an order issued under this part subsequent to
a hearing on the petition.
[
(2)
] 
(3)
 "Court" means the district court or juvenile court.
(4) "Ex parte child abuse protective order" means an order issued without notice to the
respondent, in accordance with this part.
(5) "Protective order" means:
(a) a child abuse protective order; or
(b) an ex parte child abuse protective order.
[
(3)
] 
(6)
 All other terms have the same meaning as defined in Section 
78A-6-105
.
Section 34. Section 
78B-7-202
 is amended to read:
78B-7-202.
 Abuse or danger of abuse -- Child abuse protective orders -- Ex parte
child abuse protective orders -- Guardian ad litem -- Referral to division.
(1) 
(a)
 Any interested person may file a petition for a protective order on behalf of a
child who [
is being abused
] 
has been or is the subject of abuse
 or is in imminent danger of
being [
abused. The petitioner shall first
] 
the subject of abuse.
(b) Before filing a petition under Subsection (1)(a), the interested person shall
 make a
referral to the division.
(2) Upon the filing of a petition 
described in Subsection (1)
, the clerk of the court shall:
(a) review the records of the juvenile court, the district court, and the management
information system of the division to find any petitions, orders, or investigations related to the
child or the parties to the case;
(b) request the records of any law enforcement agency identified by the petitioner as
having investigated abuse of the child; and
(c) identify and obtain any other background information that may be of assistance to
the court.
[
(3) Upon the filing of a petition, the court shall immediately determine, based on the
evidence and information presented, whether the minor is being abused or is in imminent
danger of being abused. If so, the court shall enter an ex parte child protective order.
]
(3) If it appears from a petition for a protective order that the child has been or is the
subject of abuse, or that the child is in imminent danger of being the subject of abuse, the court
may:
(a) without notice, immediately issue an ex parte child protective order against the
respondent if necessary to protect the child; or
(b) upon notice to the respondent, issue a child abuse protective order after a hearing.
(4) The court may appoint an attorney guardian ad litem under Sections 
78A-2-703
 and
78A-6-902
.
Section 35. Section 
78B-7-203
 is amended to read:
78B-7-203.
Hearings.
(1) If an ex parte 
child protective
 order is granted, the court shall schedule a hearing
within 20 days after the 
day on which the
 ex parte determination 
is made
. If an ex parte 
child
protective
 order is denied, the court, upon the request of the petitioner, shall schedule a hearing
within 20 days after 
the day on which
 the ex parte determination 
is made
.
(2) The petition, ex parte child protective order, and notice of hearing shall be served
on the respondent, the [
minor's
] 
child's
 parent or guardian, and, if appointed, the guardian ad
litem. The notice shall contain:
(a) the name and address of the [
person
] 
individual
 to whom [
it
] 
the notice
 is directed;
(b) the date, time, and place of the hearing;
(c) the name of the [
minor
] 
child
 on whose behalf a petition is being brought; and
(d) a statement that [
a person
] 
an individual
 is entitled to have an attorney present at
the hearing.
(3) The court shall provide an opportunity for any person having relevant knowledge to
present evidence or information[
. The court
] 
and
 may hear statements by counsel.
(4) An agent of the division served with a subpoena in compliance with the Utah Rules
of Civil Procedure shall testify in accordance with the Utah Rules of Evidence.
(5) If the court determines, based on a preponderance of the evidence, that the [
minor
is being abused or is in imminent danger of being abused,
] 
circumstances described in
Subsection 
78B-7-202
(3) exist,
 the court shall [
enter
] 
issue
 a child protective order.
(6)
 With the exception of the provisions of Section 
78A-6-323
, a child protective order
[
does not constitute
] 
is not
 an adjudication of abuse, neglect, or dependency under Title 78A,
Chapter 6, Part 3, Abuse, Neglect, and Dependency Proceedings.
Section 36. Section 
78B-7-204
 is amended to read:
78B-7-204.
Child abuse protective orders -- Ex parte child abuse protective
orders -- Content of order -- Modification of orders -- Penalties.
(1) A child protective order or an ex parte child protective order may contain the
following provisions the violation of which is a class A misdemeanor under Section
[
77-36-2.4
] 
76-5-108
:
(a) enjoin the respondent from threatening to commit or committing abuse of the
[
minor
] 
child
;
(b) prohibit the respondent from harassing, telephoning, contacting, or otherwise
communicating with the [
minor
] 
child
, directly or indirectly;
(c) prohibit the respondent from entering or remaining upon the residence, school, or
place of employment of the [
minor
] 
child
 and the premises of any of these or any specified
place frequented by the [
minor
] 
child
;
(d) upon finding that the respondent's use or possession of a weapon may pose a
serious threat of harm to the [
minor
] 
child
, prohibit the respondent from purchasing, using, or
possessing a firearm or other specified weapon; and
(e) determine ownership and possession of personal property and direct the appropriate
law enforcement officer to attend and supervise the petitioner's or respondent's removal of
personal property.
(2) A child protective order or an ex parte child protective order may contain the
following provisions the violation of which is contempt of court:
(a) determine temporary custody of [
a minor
] 
the child
 who is the subject of the
petition;
(b) determine parent-time with [
a minor
] 
the child
 who is the subject of the petition,
including denial of parent-time if necessary to protect the safety of the [
minor
] 
child
, and
require supervision of parent-time by a third party;
(c) determine support in accordance with Title 78B, Chapter 12, Utah Child Support
Act; and
(d) order any further relief the court considers necessary to provide for the safety and
welfare of the [
minor
] 
child
.
[
(3) A child protective order and an ex parte child protective order shall include:
]
[
(a) a statement that violation of a criminal provision is a class A misdemeanor and
violation of a civil provision is contempt of court; and
]
[
(b) information the petitioner is able to provide to facilitate identification of the
respondent, such as Social Security number, driver license number, date of birth, address,
telephone number, and physical description.
]
[
(4)
] 
(3)
 A child protective order shall include:
(a) the date the order expires; 
and
(b) a statement that the address provided by the petitioner will not be made available to
the respondent[
; and
]
.
[
(c) the following statement: "Respondent was afforded notice and opportunity to be
heard in the hearing that gave rise to this order. Pursuant to the Violence Against Women Act
of 1994, P.L. 103-322, 108 Stat. 1796, 18 U.S.C.A. 2265, this order is valid in all the United
States, the District of Columbia, tribal lands, and United States territories. This order complies
with the Uniform Interstate Enforcement of Domestic Violence Protection Orders Act."
]
(4) (a) A respondent may petition the court to modify or vacate the protective order
after notice and a hearing.
(b) At the hearing described in Subsection (4)(a):
(i) the respondent shall have the burden of proving by clear and convincing evidence
that modification or vacation of the child protective order is in the best interest of the child; and
(ii) the court shall consider:
(A) the nature and duration of the abuse;
(B) the pain and trauma inflicted on the child as a result of the abuse;
(C) if the respondent is a natural parent of the child, any reunification services
provided in accordance with Title 78A, Chapter 6, Part 3, Abuse, Neglect, and Dependency
Proceedings; and
(D) any other evidence the court finds relevant to the determination of the child's best
interests, including recommendations by the other parent or a guardian of the child, or a mental
health professional.
(c) The child is not required to attend the hearing described in Subsection (4)(a).
Section 37. Section 
78B-7-205
 is amended to read:
78B-7-205.
Service -- Income withholding -- Expiration.
(1) If the court enters an ex parte child protective order or a child protective order, the
court shall:
(a) make reasonable efforts to ensure that the order is understood by the petitioner and
the respondent, if present;
(b) as soon as possible transmit the order to the county sheriff for service; and
(c) by the end of the next business day after the order is entered, transmit electronically
a copy of the order to any law enforcement agency designated by the petitioner and to the
statewide domestic violence network described in Section 
78B-7-113
.
(2) The county sheriff shall serve the order and transmit verification of service to the
statewide domestic violence network described in Section 
78B-7-113
 in an expeditious
manner. Any law enforcement agency may serve the order and transmit verification of service
to the statewide domestic violence network if the law enforcement agency has contact with the
respondent or if service by that law enforcement agency is in the best interests of the child.
(3) When an order is served on a respondent in a jail, prison, or other holding facility,
the law enforcement agency managing the facility shall notify the petitioner of the respondent's
release. Notice to the petitioner consists of a prompt, good faith effort to provide notice,
including mailing the notice to the petitioner's last-known address.
(4) Child support orders issued as part of a child protective order are subject to
mandatory income withholding under Title 62A, Chapter 11, Part 4, Income Withholding in
IV-D Cases, and Title 62A, Chapter 11, Part 5, Income Withholding in Non IV-D Cases.
[
(5) After notice, as provided in Rule 4 of the Utah Rules of Civil Procedure, and
hearing, a court may modify or vacate a child protective order with a showing of substantial
and material change in circumstances.
]
[
(6) The child protective order expires 150 days after the date of the order unless a
different date is set by the court. The court may not set a date more than 150 days after the date
of the order without a finding of good cause. The court may review and extend the expiration
date, but may not extend it to more than 150 days after the date of the order without a finding
of good cause.
]
[
(7)
] 
(5)
 [
Notwithstanding Subsections (5) and (6), unless the
] 
Unless a
 judge [
orders
otherwise all
] 
modifies or vacates the order in accordance with Section 
78B-7-204
, a
 child
protective [
orders expire
] 
order expires
 when the 
child who is the
 subject of the order is 18
years of age[
, unless the judge vacates the order earlier
] 
or graduates from high school,
whichever is later
.
Section 38. Section 
78B-7-402
 is amended to read:
Part 4. Dating Violence Protective Orders
78B-7-402.
Definitions.
As used in this part:
[
(1) "Abuse" means intentionally or knowingly:
]
[
(a) causing or attempting to cause physical harm to a dating partner; or
]
[
(b) placing a dating partner in reasonable fear of imminent physical harm.
]
[
(2) (a) "Dating partner" means a person who:
]
[
(i) (A) is an emancipated person under Section 
15-2-1
 or Title 78A, Chapter 6, Part 8,
Emancipation; or
]
[
(B) is 18 years of age or older; and
]
[
(ii) is, or has been, in a dating relationship with the other party.
]
[
(b) "Dating partner" does not include an intimate partner, as defined in federal law in
Title 18 U.S.C. Section 921.
]
[
(3) (a) "Dating relationship" means a social relationship of a romantic or intimate
nature, or a relationship which has romance or intimacy as a goal by one or both parties,
regardless of whether the relationship involves sexual intimacy.
]
[
(b) "Dating relationship" does not mean casual fraternization in a business,
educational, or social context.
]
[
(c) In determining, based on a totality of the circumstances, whether a dating
relationship exists:
]
[
(i) all relevant factors shall be considered, including:
]
[
(A) whether the parties developed interpersonal bonding above a mere casual
fraternization;
]
[
(B) the length of the parties' relationship;
]
[
(C) the nature and the frequency of the parties' interactions, including communications
indicating that the parties intended to begin a dating relationship;
]
[
(D) the ongoing expectations of the parties, individual or jointly, with respect to the
relationship;
]
[
(E) whether, by statement or conduct, the parties demonstrated an affirmation of their
relationship to others; and
]
[
(F) whether other reasons exist that support or detract from a finding that a dating
relationship exists; and
]
[
(ii) it is not necessary that all, or a particular number, of the factors described in
Subsection (3)(c)(i) are found to support the existence of a dating relationship.
]
[
(4) "Dating violence" means:
]
[
(a) any criminal offense involving violence or physical harm, or threat of violence or
physical harm, when committed by a person against a dating partner of the person; or
]
[
(b) any attempt, conspiracy, or solicitation by a person to commit a criminal offense
involving violence or physical harm against a dating partner of the person.
]
[
(5)
] 
(1)
 "Dating violence protective order" means an order issued [
pursuant to
] 
under
this part subsequent to a hearing on the petition[
, as described in Section 
78B-7-403
] 
in
accordance with the requirements of this part
.
[
(6)
] 
(2)
 "Ex parte dating violence protective order" means an order issued without
notice to the respondent, in accordance with the requirements of this part.
[
(7)
] 
(3)
 "Protective order" means:
(a) a dating violence protective order; or
(b) an ex parte dating violence protective order.
Section 39. Section 
78B-7-403
 is amended to read:
78B-7-403.
Abuse or danger of abuse -- Dating violence protective orders.
(1) [
A person
] 
An individual
 may seek a protective order if the [
person
] 
individual
 is
subjected to, or there is a substantial likelihood the [
person
] 
individual
 will be subjected to:
(a) abuse by a dating partner of the [
person
] 
individual
; or
(b) dating violence by a dating partner of the [
person
] 
individual
.
(2) [
A person
] 
An individual
 may seek an order described in Subsection (1) whether or
not the [
person
] 
individual
 has taken other action to end the relationship.
(3) [
A person
] 
An individual
 seeking a protective order may include another party in
the petition for a protective order if:
(a) the [
person
] 
individual
 seeking the order meets the requirements of Subsection (1);
and
(b) the other party:
(i) is a family or household member of the [
person
] 
individual
 seeking the protective
order; and
(ii) there is a substantial likelihood the other party will be subjected to abuse by the
dating partner of the [
person
] 
individual
.
(4) [
A person
] 
An individual
 seeking a protective order under this part shall, to the
extent possible, provide information to facilitate identification of the respondent, including a
name, social security number, driver license number, date of birth, address, telephone number,
and physical description.
(5) A petition seeking a protective order under this part may not be withdrawn without
written order of the court.
(6) (a) [
A person
] 
An individual
 may not seek a protective order against an intimate
partner[
, as defined by federal law in Title 18 U.S.C. Section 921,
] of the [
person
] 
individual
under this part.
(b) [
A person
] 
An individual
 may seek a protective order against a cohabitant[
, as
defined by section 
78B-7-102
, or an intimate partner, as defined by federal law, of the person
under Title 78B, Chapter 7, Part 1, Cohabitant Abuse Act
] 
or an intimate partner of the
individual under Part 6, Cohabitant Abuse Protective Orders
.
Section 40. Section 
78B-7-404
 is amended to read:
78B-7-404.
Dating violence protective orders -- Ex parte dating violence
protective orders -- Modification of orders -- Service of process -- Duties of the court.
(1) If it appears from a petition for a protective order or a petition to modify an existing
protective order that a dating partner of the petitioner has abused or committed dating violence
against the petitioner, the [
district
] court may:
(a) without notice, immediately issue an ex parte dating violence protective order
against the dating partner or modify an existing dating protective order ex parte if necessary to
protect the petitioner and all parties named in the petition; or
(b) upon notice to the respondent, issue a dating violence protective order or modify a
dating violence protective order after a hearing, regardless of whether the respondent appears.
(2) A [
district
] court may grant the following relief without notice in a dating violence
protective order or a modification issued ex parte:
(a) prohibit the respondent from threatening to commit or committing dating violence
or abuse against the petitioner and any designated family or household member described in the
protective order;
(b) prohibit the respondent from telephoning, contacting, or otherwise communicating
with the petitioner or any designated family or household member, directly or indirectly;
(c) order that the respondent:
(i) is excluded and shall stay away from the petitioner's residence and its premises;
(ii) except as provided in Subsection (4), stay away from the petitioner's:
(A) school and the school's premises; and
(B) place of employment and its premises; and
(iii) stay away from any specified place frequented by the petitioner or any designated
family or household member;
(d) prohibit the respondent from being within a specified distance of the petitioner; and
(e) order any further relief that the court considers necessary to provide for the safety
and welfare of the petitioner and any designated family or household member.
(3) A court may grant the following relief in a dating violence protective order or a
modification of a dating violence protective order, after notice and a hearing, regardless of
whether the respondent appears:
(a) the relief described in Subsection (2); and
(b) except as provided in Subsection (5), upon finding that the respondent's use or
possession of a weapon poses a serious threat of harm to the petitioner or any designated family
or household member, prohibit the respondent from purchasing, using, or possessing a weapon
specified by the court.
(4) If the petitioner or [
designated
] 
a
 family or household member 
designated in the
protective order
 attends the same school as the respondent, or is employed at the same place of
employment as the respondent, the district court:
(a) may not enter an order under Subsection (2)(c)(ii) that excludes the respondent
from the respondent's school or place of employment; and
(b) may enter an order governing the respondent's conduct at the respondent's school or
place of employment.
(5) The [
district
] court may not prohibit the respondent from possessing a firearm:
(a) if the respondent has not been given notice of the petition for a protective order and
an opportunity to be heard; and
(b) unless the petition establishes:
(i) by a preponderance of the evidence that the respondent has committed abuse or
dating violence against the petitioner; and
(ii) by clear and convincing evidence that the respondent's use or possession of a
firearm poses a serious threat of harm to petitioner or the designated family or household
member.
[
(6) Any protective order issued under this part shall expire 180 days after the day on
which the order is issued.
]
[
(7)
] 
(6)
 After the [
district
] court issues a dating violence protective order, the [
district
]
court shall:
(a) as soon as possible, deliver the order to the county sheriff for service of process;
(b) make reasonable efforts at the hearing to ensure that the dating violence protective
order is understood by the petitioner and the respondent, if present;
(c) transmit electronically, by the end of the business day after the day on which the
order is issued, a copy of the dating violence protective order to the local law enforcement
agency designated by the petitioner; and
(d) transmit a copy of the protective order issued under this part in the same manner as
described in Section 
78B-7-113
.
[
(8)
] 
(7)
 (a) The county sheriff that receives the order from the court, [
pursuant to
]
under
 Subsection [
(7)
] 
(6)
(a), shall:
(i) provide expedited service for protective orders issued in accordance with this part;
and
(ii) after the order has been served, transmit verification of service of process to the
statewide network described in Section [
78B-7-110
] 
78B-7-113
.
(b) This section does not prohibit another law enforcement agency from providing
service of process if that law enforcement agency:
(i) has contact with the respondent and service by that law enforcement agency is
possible; or
(ii) determines that, under the circumstances, providing service of process on the
respondent is in the best interests of the petitioner.
[
(9)
] 
(8)
 When a protective order is served on a respondent in jail, or other holding
facility, the law enforcement agency managing the facility shall make a reasonable effort to
provide notice to the petitioner at the time the respondent is released from incarceration.
[
(10)
] 
(9)
 A [
district
] court may modify or vacate a protective order under this part
after notice and hearing, if the petitioner:
(a) is personally served with notice of the hearing, as provided in the Utah Rules of
Civil Procedure, and appears before the court to give specific consent to the modification or
vacation of the provisions of the protective order; or
(b) submits an affidavit agreeing to the modification or vacation of the provisions of
the protective order.
[
(11) To the extent that the provisions of this part are more specific than the Utah
Rules of Civil Procedure regarding protective orders, the provisions of this part govern.
]
Section 41. Section 
78B-7-405
 is amended to read:
78B-7-405.
Hearings -- Expiration -- Extension.
(1) (a) Within 20 days after the day on which the court issues an ex parte protective
order, the [
district
] court shall set a date for a hearing on the petition.
(b) If, at the hearing described in Subsection (1)(a), the [
district
] court does not issue a
dating violence protective order, the ex parte dating protective order shall expire, unless [
it
] 
the
dating violence protective order
 is extended by the [
district
] court. Extensions beyond the
20-day period may not be granted unless:
(i) the petitioner is unable to be present at the hearing;
(ii) the respondent has not been served; or
(iii) exigent circumstances exist.
(c) Under no circumstances may an ex parte 
dating violence protective
 order be
extended beyond 180 days from the day on which the court issues the initial ex parte 
dating
violence
 protective order.
(d) If, at the hearing described in Subsection (1)(a), the [
district
] court issues a dating
violence protective order, the ex parte 
dating violence
 protective order shall remain in effect
until service of process of the dating violence protective order is completed.
(e) A dating violence protective order issued after notice and a hearing shall remain in
effect [
from 180 days
] 
for three years
 after the day on which the order is issued.
(f) If the hearing on the petition is heard by a commissioner, either the petitioner or
respondent may file an objection within 10 calendar days after the day on which the
recommended order is entered, and the assigned judge shall hold a hearing on the objection
within 20 days after the day on which the objection is filed.
(2) Upon a hearing under this section, the [
district
] court may grant any of the relief
permitted under Section 
78B-7-404
, except the [
district
] court shall not grant the relief
described in Subsection 
78B-7-404
(3)(b) without providing the respondent notice and an
opportunity to be heard.
(3) If a [
district
] court denies a petition for an ex parte dating violence protective order
or a petition to modify a dating violence protective order ex parte, the [
district
] court shall,
upon the petitioner's request:
(a) set the matter for hearing 
within 20 days after the day on which the court denies the
petition
; and
(b) notify and serve the respondent.
(4) A dating violence protective order automatically expires as described in Subsection
(1)(e), unless the petitioner files a motion before the day on which the dating violence
protective order expires and demonstrates that:
(a) there is a substantial likelihood the petitioner will be subjected to dating violence;
or
(b) the respondent committed or was convicted of a violation of the dating violence
protective order that the petitioner requests be extended or dating violence after the day on
which the dating violence protective order is issued.
(5) (a) If the court grants the motion under Subsection (4), the court shall set a new
date on which the dating violence protective order expires.
(b) The dating violence protective order shall expire on the date set by the court unless
the petitioner files a motion described in Subsection (4) to extend the dating violence
protective order.
Section 42. Section 
78B-7-407
 is amended to read:
78B-7-407.
Penalties.
[
(1) A law enforcement officer shall, without a warrant, arrest a person if the officer
has probable cause to believe that the person has intentionally or knowingly violated a
protective order issued under this part, regardless of whether the violation occurred in the
presence of the officer.
]
[
(2)
] A violation of a protective order issued under this part [
constitutes
] 
is
 a class [
B
]
A
 misdemeanor.
Section 43. Section 
78B-7-409
 is amended to read:
78B-7-409.
Mutual dating violence protective orders.
(1) A court may not grant a mutual order or mutual [
orders for protection
] 
dating
violence protective orders
 to opposing parties, unless each party:
(a) files an independent petition against the other for a 
dating violence
 protective order,
and both petitions are served;
(b) makes a showing at a due process 
dating violence
 protective order hearing of abuse
or dating violence committed by the other party; and
(c) demonstrates the abuse or dating violence did not occur in self-defense.
(2) If the court issues mutual 
dating violence
 protective orders, the court shall include
specific findings of all elements of Subsection (1) in the court order justifying the entry of the
court order.
[
(3) A court may not grant an order for protection to a civil petitioner who is the
respondent or defendant subject to a protective order, child protective order, or ex parte child
protective order:
]
[
(a) issued under:
]
[
(i) this chapter;
]
[
(ii) Title 77, Chapter 36, Cohabitant Abuse Procedures Act;
]
[
(iii) Title 78A, Chapter 6, Juvenile Court Act;
]
[
(iv) Chapter 7, Part 1, Cohabitant Abuse Act; or
]
[
(v) a foreign protection order enforceable under Chapter 7, Part 3, Uniform Interstate
Enforcement of Domestic Violence Protection Orders Act; and
]
[
(b) unless the court determines that the requirements of Subsection (1) are met, and:
]
[
(i) the same court issued the order for protection against the respondent; or
]
[
(ii) if the matter is before a subsequent court, the subsequent court:
]
[
(A) determines it would be impractical for the original court to consider the matter;
or
]
[
(B) confers with the court that issued the order for protection.
]
(3) (a) Except as provided in Subsection (3)(b), a court may not grant a protective order
to a civil petitioner who is the respondent or defendant subject to:
(i) a civil protective order that is issued under:
(A) this part;
(B) Part 2, Child Protective Orders;
(C) Part 6, Cohabitant Abuse Protective Orders;
(D) Part 8, Criminal Protective Orders; or
(E) Title 78A, Chapter 6, Juvenile Court Act;
(ii) an ex parte civil protective order issued under Part 2, Child Protective Orders; or
(iii) a foreign protection order enforceable under Part 3, Uniform Interstate
Enforcement of Domestic Violence Protection Orders Act.
(b) The court may issue a protective order to a civil petitioner described in Subsection
(3)(a) if:
(i) the court determines that the requirements of Subsection (1) are met; and
(ii) (A) the same court issued the protective order against the respondent; or
(B) the subsequent court determines it would be impractical for the original court to
consider the matter or confers with the court that issued the protective order described in
Subsection (3)(a)(i) or (ii).
Section 44. Section 
78B-7-502
 is amended to read:
Part 5. Sexual Violence Protective Orders
78B-7-502.
Definitions.
As used in this part:
[
(1) "Cohabitant" means the same as that term is defined in Section 
78B-7-102
.
]
[
(2) "Dating partner" means the same as that term is defined in Section 
78B-7-402
.
]
[
(3)
] 
(1)
 "Ex parte sexual violence protective order" means an order issued without
notice to the respondent in accordance with the requirements of this part.
[
(4)
] 
(2)
 "Protective order" means:
(a) a sexual violence protective order; or
(b) an ex parte sexual violence protective order.
[
(5)
] 
(3)
 "Sexual violence" means the commission or the attempt to commit:
(a) any sexual offense described in Title 76, Chapter 5, Part 4, Sexual Offenses, or
Title 76, Chapter 5b, Part 2, Sexual Exploitation;
(b) human trafficking for forced sexual exploitation under Section 
76-5-308
; or
(c) aggravated human trafficking for forced sexual exploitation under Section
76-5-310
.
[
(6)
] 
(4)
 "Sexual violence protective order" means an order issued after notice and a
hearing in accordance with the requirements of this part.
Section 45. Section 
78B-7-505
 is amended to read:
78B-7-505.
Hearings -- Expiration -- Extension.
(1) (a) Within 20 days after the day on which a [
district
] court issues an ex parte sexual
violence protective order, the [
district
] court shall set a date for a hearing on the petition for a
sexual violence protective order.
(b) If, at the hearing described in Subsection (1)(a), the [
district
] court does not issue a
sexual violence protective order, the ex parte sexual protective order expires, unless extended
by the district court.
(c) The [
district
] court may extend the 20-day period described in Subsection (1)(a)
only if:
(i) a party is unable to be present at the hearing for good cause, established by the
party's sworn affidavit;
(ii) the respondent has not been served; or
(iii) exigent circumstances exist.
(d) If, at the hearing described in Subsection (1)(a), the [
district
] court issues a sexual
violence protective order, the ex parte sexual violence protective order remains in effect until
service of process of the sexual violence protective order is completed.
(e) A sexual violence protective order remains in effect for [
one year
] 
three years
 after
the day on which the [
district
] court issues the order.
(f) If the hearing described in Subsection (1)(a) is held by a commissioner, the
petitioner or respondent may file an objection within 10 calendar days after the day on which
the commissioner enters the recommended order, and the assigned judge shall hold a hearing
on the objection within 20 days after the day on which the objection is filed.
(2) If the [
district
] court denies a petition for an ex parte sexual violence protective
order or a petition to modify a sexual violence protective order ex parte, the [
district
] court
shall, upon the petitioner's request:
(a) set the matter for hearing; and
(b) notify and serve the respondent.
(3) (a) A sexual violence protective order automatically expires under Subsection
(1)(e) unless[
:(i)
] the petitioner files a motion before the day on which the sexual violence
protective order expires requesting an extension of the sexual violence protective order[
;
] and
demonstrates that:
(i) there is a substantial likelihood the petitioner will be subjected to sexual violence;
or
(ii) the respondent committed or was convicted of a violation of the sexual violence
protective order that the petitioner requests be extended or a sexual violence offense after the
day on which the sexual violence protective order is issued.
[
(ii) after notice and a hearing on the motion, the district court finds that an extension
of the sexual violence protective order is necessary to protect the petitioner or any party named
in the sexual violence protective order.
]
(b) (i) If the [
district
] court denies the motion described in Subsection (3)(a), the sexual
violence protective order expires under Subsection (1)(e).
(ii) If the [
district
] court grants the motion described in Subsection (3)(a), the [
district
]
court shall set a new date on which the sexual violence protective order expires.
(iii) A sexual violence protective order that is extended under this Subsection (3), may
not be extended for more than [
one year
] 
three years
 after the day on which the court issues the
order for extension.
[
(iv) A sexual violence protective order may not be extended more than once.
]
(c) After the day on which the [
district
] court issues an extension of a sexual violence
protective order, the [
district
] court shall take the action described in Subsection 
78B-7-504
(6).
(4) Nothing in this part prohibits a petitioner from seeking another protective order
after the day on which the petitioner's protective order expires.
Section 46. Section 
78B-7-508
 is amended to read:
78B-7-508.
Penalties.
[
(1) A law enforcement officer shall, without a warrant, arrest an individual if the
officer has probable cause to believe that the individual has intentionally or knowingly violated
a protective order issued under this part, regardless of whether the violation occurred in the
presence of the officer.
]
[
(2)
] 
(1)
 A violation of a protective order issued under this part is a class A
misdemeanor.
[
(3)
] 
(2)
 A petitioner may be subject to criminal prosecution under Title 76, Chapter 8,
Part 5, Falsification in Official Matters, for knowingly falsifying any statement or information
provided for the purpose of obtaining a protective order.
Section 47. Section 
78B-7-601
 is enacted to read:
Part 6. Cohabitant Abuse Protective Orders
 78B-7-601.
Definitions.
As used in this part:
(1) "Cohabitant abuse protective order" means an order issued after notice and a
hearing in accordance with this part.
(2) "Ex parte cohabitant abuse protective order" means an order issued without notice
to the respondent in accordance with the requirements of this part.
(3) "Protective order" means:
(a) a cohabitant abuse protective order; or
(b) an ex parte cohabitant abuse protective order.
Section 48. Section 
78B-7-602
, which is renumbered from Section 78B-7-103 is
renumbered and amended to read:
[
78B-7-103
].
 78B-7-602.
Abuse or danger of abuse -- Cohabitant use
protective orders.
(1) Any cohabitant who has been subjected to abuse or domestic violence, or to whom
there is a substantial likelihood of abuse or domestic violence, may seek [
an ex parte protective
order or
] a protective order in accordance with this [
chapter
] 
part
, whether or not [
that person
]
the cohabitant
 has left the residence or the premises in an effort to avoid further abuse.
(2) A petition for a protective order may be filed under this [
chapter
] 
part
 regardless of
whether an action for divorce between the parties is pending.
(3) A petition seeking a protective order may not be withdrawn without approval of the
court.
Section 49. Section 
78B-7-603
, which is renumbered from Section 78B-7-106 is
renumbered and amended to read:
[
78B-7-106
].
 78B-7-603.
Cohabitant abuse protective orders -- Ex parte
cohabitant use protective orders -- Modification of orders -- Service of process -- Duties
of the court.
(1) If it appears from a petition for [
an order for protection
] 
a protective order
 or a
petition to modify [
an order for protection
] 
a protective order
 that domestic violence or abuse
has occurred, that there is a substantial likelihood domestic violence or abuse will occur, or that
a modification of [
an order for protection
] 
a protective order
 is required, a court may:
(a) without notice, immediately issue [
an order for protection
] 
an
 ex parte 
cohabitant
abuse protective order
 or modify [
an order for protection
] 
a protective order
 ex parte as [
it
] 
the
court
 considers necessary to protect the petitioner and all parties named to be protected in the
petition; or
(b) upon notice, issue [
an order for protection
] 
a protective order
 or modify an order
after a hearing, regardless of whether the respondent appears.
(2) A court may grant the following relief without notice in [
an order for protection
] 
a
protective order
 or a modification issued ex parte:
(a) enjoin the respondent from threatening to commit domestic violence or abuse,
committing domestic violence or abuse, or harassing the petitioner or any designated family or
household member;
(b) prohibit the respondent from telephoning, contacting, or otherwise communicating
with the petitioner or any designated family or household member, directly or indirectly, with
the exception of any parent-time provisions in the ex parte order;
(c) subject to Subsection (2)(e), prohibit the respondent from being within a specified
distance of the petitioner;
(d) subject to Subsection (2)(e), order that the respondent is excluded from and is to
stay away from the following places and their premises:
(i) the petitioner's residence or any designated family or household member's residence;
(ii) the petitioner's school or any designated family or household member's school;
(iii) the petitioner's or any designated family or household member's place of
employment;
(iv) the petitioner's place of worship or any designated family or household member's
place of worship; or
(v) any specified place frequented by the petitioner or any designated family or
household member;
(e) if the petitioner or designated family or household member attends the same school
as the respondent, is employed at the same place of employment as the respondent, or attends
the same place of worship, the court:
(i) may not enter an order under Subsection (2)(c) or (d) that excludes the respondent
from the respondent's school, place of employment, or place of worship; and
(ii) may enter an order governing the respondent's conduct at the respondent's school,
place of employment, or place of worship;
(f) upon finding that the respondent's use or possession of a weapon may pose a serious
threat of harm to the petitioner, prohibit the respondent from purchasing, using, or possessing a
firearm or other weapon specified by the court;
(g) order possession and use of an automobile and other essential personal effects, and
direct the appropriate law enforcement officer to accompany the petitioner to the residence of
the parties to ensure that the petitioner is safely restored to possession of the residence,
automobile, and other essential personal effects, or to supervise the petitioner's or respondent's
removal of personal belongings;
(h) order the respondent to maintain an existing wireless telephone contract or account;
(i) grant to the petitioner or someone other than the respondent temporary custody of a
minor child of the parties;
(j) order the appointment of an attorney guardian ad litem under Sections 
78A-2-703
and 
78A-6-902
;
(k) order any further relief that the court considers necessary to provide for the safety
and welfare of the petitioner and any designated family or household member; and
(l) if the petition requests child support or spousal support, at the hearing on the
petition order both parties to provide verification of current income, including year-to-date pay
stubs or employer statements of year-to-date or other period of earnings, as specified by the
court, and complete copies of tax returns from at least the most recent year.
(3) A court may grant the following relief in [
an order for protection
] 
a protective order
or a modification of an order after notice and hearing, regardless of whether the respondent
appears:
(a) grant the relief described in Subsection (2); and
(b) specify arrangements for parent-time of any minor child by the respondent and
require supervision of that parent-time by a third party or deny parent-time if necessary to
protect the safety of the petitioner or child.
(4) In addition to the relief granted under Subsection (3), the court may order the
transfer of a wireless telephone number in accordance with Section [
77-36-5.3
] 
78B-7-117
.
(5) Following the protective order hearing, the court shall:
(a) as soon as possible, deliver the order to the county sheriff for service of process;
(b) make reasonable efforts to ensure that the [
order for protection
] 
protective order
 is
understood by the petitioner, and the respondent, if present;
(c) transmit electronically, by the end of the next business day after the order is issued,
a copy of the [
order for protection
] 
protective order
 to the local law enforcement agency or
agencies designated by the petitioner;
(d) transmit a copy of the order to the statewide domestic violence network described
in Section 
78B-7-113
; and
(e) if the individual is a respondent or defendant subject to a court order that meets the
qualifications outlined in 18 U.S.C. Sec. 922(g)(8), transmit within 48 hours, excluding
Saturdays, Sundays, and legal holidays, a record of the order to the Bureau of Criminal
Identification that includes:
(i) an agency record identifier;
(ii) the individual's name, sex, race, and date of birth;
(iii) the issue date, conditions, and expiration date for the protective order; and
(iv) if available, the individual's social security number, government issued driver
license or identification number, alien registration number, government passport number, state
identification number, or FBI number.
(6) [
(a)
] Each protective order shall include two separate portions, one for provisions,
the violation of which are criminal offenses, and one for provisions, the violation of which are
civil violations, as follows:
[
(i)
] 
(a)
 criminal offenses are those under Subsections (2)(a) through (g), and under
Subsection (3)(a) as it refers to Subsections (2)(a) through (g); and
[
(ii)
] 
(b)
 civil offenses are those under Subsections (2)(h), (j), (k), and (l), and
Subsection (3)(a) as it refers to Subsections (2)(h), (j), (k), and (l).
[
(b) The criminal provision portion shall include a statement that violation of any
criminal provision is a class A misdemeanor.
]
[
(c) The civil provision portion shall include a notice that violation of or failure to
comply with a civil provision is subject to contempt proceedings.
]
[
(7) The protective order shall include:
]
[
(a) a designation of a specific date, determined by the court, when the civil portion of
the protective order either expires or is scheduled for review by the court, which date may not
exceed 150 days after the date the order is issued, unless the court indicates on the record the
reason for setting a date beyond 150 days;
]
[
(b) information the petitioner is able to provide to facilitate identification of the
respondent, such as social security number, driver license number, date of birth, address,
telephone number, and physical description; and
]
[
(c) a statement advising the petitioner that:
]
[
(i) after two years from the date of issuance of the protective order, a hearing may be
held to dismiss the criminal portion of the protective order;
]
[
(ii) the petitioner should, within the 30 days prior to the end of the two-year period,
advise the court of the petitioner's current address for notice of any hearing; and
]
[
(iii) the address provided by the petitioner will not be made available to the
respondent.
]
[
(8)
] 
(7)
 Child support and spouse support orders issued as part of a protective order
are subject to mandatory income withholding under Title 62A, Chapter 11, Part 4, Income
Withholding in IV-D Cases, and Title 62A, Chapter 11, Part 5, Income Withholding in Non
IV-D Cases, except when the protective order is issued ex parte.
[
(9)
] 
(8)
 (a) The county sheriff that receives the order from the court, [
pursuant to
]
under
 Subsection (6)(a), shall provide expedited service for [
orders for protection
] 
protective
orders
 issued in accordance with this [
chapter
] 
part
, and shall transmit verification of service of
process, when the order has been served, to the statewide domestic violence network described
in Section 
78B-7-113
.
(b) This section does not prohibit any law enforcement agency from providing service
of process if that law enforcement agency:
(i) has contact with the respondent and service by that law enforcement agency is
possible; or
(ii) determines that under the circumstances, providing service of process on the
respondent is in the best interests of the petitioner.
[
(10)
] 
(9)
 (a) When an order is served on a respondent in a jail or other holding facility,
the law enforcement agency managing the facility shall make a reasonable effort to provide
notice to the petitioner at the time the respondent is released from incarceration.
(b) Notification of the petitioner shall consist of a good faith reasonable effort to
provide notification, including mailing a copy of the notification to the last-known address of
the victim.
[
(11)
] 
(10)
 A court may modify or vacate [
an order of protection
] 
a protective order
 or
any provisions in the 
protective
 order after notice and hearing, except that the criminal
provisions of a protective order may not be vacated within two years of issuance unless the
petitioner:
(a) is personally served with notice of the hearing [
as provided in Rules 4 and 5, Utah
Rules of Civil Procedure,
] and the petitioner personally appears, in person or through court
video conferencing, before the court and gives specific consent to the vacation of the criminal
provisions of the protective order; or
(b) submits a verified affidavit, stating agreement to the vacation of the criminal
provisions of the protective order.
[
(12)
] 
(11)
 A protective order may be modified without a showing of substantial and
material change in circumstances.
[
(13) Insofar as the provisions of this chapter are more specific than the Utah Rules of
Civil Procedure, regarding protective orders, the provisions of this chapter govern.
]
Section 50. Section 
78B-7-604
, which is renumbered from Section 78B-7-107 is
renumbered and amended to read:
[
78B-7-107
].
 78B-7-604.
Hearings.
(1) (a) When a court issues an ex parte 
cohabitant abuse
 protective order the court shall
set a date for a hearing on the petition to be held within 20 days after the 
day on which the
 ex
parte 
cohabitant abuse protective
 order is issued.
(b) If at that hearing the court does not issue a protective order, the ex parte 
cohabitant
abuse
 protective order shall expire, unless [
it
] 
the cohabitant abuse protective order
 is
otherwise extended by the court. Extensions beyond the 20-day period may not be granted
unless:
(i) the petitioner is unable to be present at the hearing;
(ii) the respondent has not been served;
(iii) the respondent has had the opportunity to present a defense at the hearing;
(iv) the respondent requests that the ex parte 
cohabitant abuse protective
 order be
extended; or
(v) exigent circumstances exist.
(c) Under no circumstances may an ex parte 
cohabitant abuse protective
 order be
extended beyond 180 days from the [
date of initial issuance
] 
day on which the court issues the
initial ex parte cohabitant abuse protective order
.
(d) If at that hearing the court issues a 
cohabitant abuse
 protective order, the ex parte
cohabitant abuse
 protective order remains in effect until service of process of the protective
order is completed.
(e) A 
cohabitant abuse
 protective order issued after notice and a hearing is effective
until further order of the court.
(f) If the hearing on the petition is heard by a commissioner, either the petitioner or
respondent may file an objection within 10 days [
of the entry of
] 
after the day on which
 the
recommended order and the assigned judge shall hold a hearing within 20 days [
of the filing of
]
after the day on which
 the objection 
is filed
.
(2) Upon a hearing under this section, the court may grant any of the relief described in
Section [
78B-7-106
] 
78B-7-603
.
(3) When a court denies a petition for an ex parte 
cohabitant abuse
 protective order or a
petition to modify [
an order for protection
] 
a protective order
 ex parte, upon the request of the
petitioner, the court shall set the matter for hearing 
within 20 days after the day on which the
court denied the ex parte cohabitant abuse protective order
 and notify the petitioner and serve
the respondent.
(4) A respondent who has been served with an ex parte 
cohabitant abuse
 protective
order may seek to vacate the ex parte 
cohabitant abuse
 protective order [
prior to the hearing
scheduled pursuant to
] 
under
 Subsection (1)(a) by filing a verified motion to vacate 
before the
day on which the hearing is set
. The respondent's verified motion to vacate and a notice of
hearing on that motion shall be personally served on the petitioner at least two days [
prior to
]
before the day on which
 the hearing on the motion to vacate 
is set
.
Section 51. Section 
78B-7-605
, which is renumbered from Section 78B-7-115 is
renumbered and amended to read:
[
78B-7-115
].
 78B-7-605.
Dismissal.
[
(1) (a) Except as provided in Subsections (6) and (8), a protective order that has been
in effect for at least two years may be dismissed if the court determines that the petitioner no
longer has a reasonable fear of future harm, abuse, or domestic violence.
]
[
(b) In determining whether the petitioner no longer has a reasonable fear of future
harm, abuse, or domestic violence, the court shall consider the following factors:
]
[
(i) whether the respondent is compliant with treatment recommendations related to
domestic violence, entered at the time the protective order was entered;
]
[
(ii) whether the protective order was violated during the time the protective order was
in force;
]
[
(iii) claims of harassment, abuse, or violence by either party during the time the
protective order was in force;
]
[
(iv) counseling or therapy undertaken by either party;
]
[
(v) impact on the well-being of any minor children of the parties, if relevant; and
]
[
(vi) any other factors the court considers relevant to the case before the court.
]
[
(2) Except as provided in Subsections (6) and (8), the
]
(1) The
 court may amend or dismiss a protective order issued in accordance with this
part that has been in effect for at least one year if the court finds that:
(a) the basis for the issuance of the protective order no longer exists;
(b) the petitioner has repeatedly acted in contravention of the protective order
provisions to intentionally or knowingly induce the respondent to violate the protective order;
and
(c) the petitioner's actions demonstrate that the petitioner no longer has a reasonable
fear of the respondent[
; and
]
.
[
(d) the respondent has not been convicted of a protective order violation or any crime
of violence subsequent to the issuance of the protective order, and there are no unresolved
charges involving violent conduct still on file with the court.
]
[
(3)
] 
(2)
 The court shall enter sanctions against either party if the court determines that
either party acted:
(a) in bad faith; or
(b) with intent to harass or intimidate the other party.
[
(4) Notice of a motion to dismiss a protective order shall be made by personal service
on the petitioner in a protective order action as provided in Rules 4 and 5, Utah Rules of Civil
Procedure.
]
[
(5)
] 
(3)
 Except as provided in Subsection [
(8)
] 
(5)
, if a divorce proceeding is pending
between parties to a protective order action, the protective order shall be dismissed when the
court issues a decree of divorce for the parties if:
(a) the respondent files a motion to dismiss a protective order in both the divorce
action and the protective order action and personally serves the petitioner; and
(b) (i) the parties stipulate in writing or on the record to dismiss the protective order; or
(ii) based on evidence at the divorce trial, the court determines that the petitioner no
longer has a reasonable fear of future harm, abuse, or domestic violence [
after considering the
factors listed in Subsection (1)
].
[
(6) (a) Notwithstanding Subsection (1) or (2) and subject to Subsection (8), a
protective order that is entered under this chapter concerning a petitioner and a respondent who
are divorced shall automatically expire, subject to Subsection (6)(b), 10 years after the day on
which the protective order is entered.
]
[
(b) The protective order shall automatically expire, as described in Subsection (6)(a),
unless the petitioner files a motion before expiration of the protective order and demonstrates
that:
]
[
(i) the petitioner has a reasonable fear of future harm, abuse, or domestic violence, as
described in Subsection (1); or
]
[
(ii) the respondent committed or was convicted of a protective order violation or a
qualifying domestic violence offense, as defined in Section 
77-36-1.1
, subsequent to the
issuance of the protective order.
]
[
(c) (i) If the court grants the motion under Subsection (6)(b), the court shall set a new
date on which the protective order expires.
]
[
(ii) The protective order will expire on the date set by the court unless the petitioner
files a motion described in Subsection (6)(b) to extend the protective order.
] 
[
(7)
] 
(4)
 When the court dismisses a protective order, the court shall immediately:
(a) issue an order of dismissal to be filed in the protective order action; and
(b) transmit a copy of the order of dismissal to the statewide domestic violence
network as described in Section 
78B-7-113
.
[
(8)
] 
(5)
 Notwithstanding the other provisions of this section, a continuous protective
order may not be modified or dismissed except as provided in [
Subsection 
77-36-5.1
(6)
]
Section 
78B-7-804
.
Section 52. Section 
78B-7-606
, which is renumbered from Section 78B-7-115.5 is
renumbered and amended to read:
[
78B-7-115.5
].
 78B-7-606.
Expiration -- Extension.
(1) Subject to the other provisions of this section, [
a civil
] 
the civil provisions of a
cohabitant abuse
 protective order [
issued under this part
] automatically [
expires 10
] 
expire
three
 years after the day on which the 
cohabitant abuse
 protective order is entered.
(2) [
The
] 
A cohabitant abuse
 protective order automatically expires as described in
Subsection (1), unless the petitioner files a motion before the day on which the 
cohabitant
abuse
 protective order expires and demonstrates that:
(a) the petitioner has a current reasonable fear of future harm, abuse, or domestic
violence[
, as described in Subsection 
78B-7-115
(1)
]; or
(b) the respondent committed or was convicted of a 
cohabitant abuse
 protective order
violation or a qualifying domestic violence offense, as defined in Section 
77-36-1.1
,
subsequent to the issuance of the 
cohabitant abuse
 protective order.
(3) (a) If the court grants the motion under Subsection (2), the court shall set a new
date on which the 
cohabitant abuse
 protective order expires.
(b) The 
cohabitant abuse
 protective order will expire on the date set by the court unless
the petitioner files a motion described in Subsection (2) to extend the 
cohabitant abuse
protective order.
Section 53. Section 
78B-7-607
 is enacted to read:
 78B-7-607.
Penalties.
A violation of a protective order issued under this part is a class A misdemeanor.
Section 54. Section 
78B-7-608
, which is renumbered from Section 78B-7-110 is
renumbered and amended to read:
[
78B-7-110
].
 78B-7-608.
No denial of relief solely because of lapse of time.
The court may not deny a petitioner relief requested [
pursuant to
] 
under
 this [
chapter
]
part
 solely because of a lapse of time between an act of domestic violence or abuse and the
filing of the petition for [
an order of protection
] 
a protective order
.
Section 55. Section 
78B-7-609
, which is renumbered from Section 78B-7-111 is
renumbered and amended to read:
[
78B-7-111
].
 78B-7-609.
Prohibition of court-ordered or court-referred
mediation.
In any case brought under the provisions of this [
chapter
] 
part
, the court may not order
the parties into mediation for resolution of the issues in a petition for [
an order for protection
] 
a
protective order
.
Section 56. Section 
78B-7-701
, which is renumbered from Section 77-3a-101 is
renumbered and amended to read:
Part 7. Civil Stalking Injunctions
[
77-3a-101
].
 78B-7-701.
Ex parte civil stalking injunction -- Civil stalking
injunction.
[
(1) As used in this chapter, "stalking" means the crime of stalking as defined in
Section 
76-5-106.5
. Stalking injunctions may not be obtained against law enforcement
officers, governmental investigators, or licensed private investigators, acting in their official
capacity.
]
[
(2) Any person
] 
(1) (a) Except as provided in Subsection (1)(b), an individual
 who
believes that [
he or she
] 
the individual
 is the victim of stalking may file a verified written
petition for a civil stalking injunction against the alleged stalker with the district court in the
district in which the [
petitioner
] 
individual
 or respondent resides or in which any of the events
occurred. A minor with [
his or her
] 
the minor's
 parent or guardian may file a petition on [
his or
her
] 
the minor's
 own behalf, or a parent, guardian, or custodian may file a petition on the
minor's behalf.
(b) A stalking injunction may not be obtained against a law enforcement officer,
governmental investigator, or licensed private investigator, who is acting in official capacity.
[
(3) The Administrative Office of the Courts shall develop and adopt uniform forms
for petitions, ex parte civil stalking injunctions, civil stalking injunctions, service and any other
necessary forms in accordance with the provisions of this chapter on or before July 1, 2001. 
The office shall provide the forms to the clerk of each district court.
]
[
(a) All petitions, injunctions, ex parte injunctions, and any other necessary forms shall
be issued in the form adopted by the Administrative Office of the Courts.
]
[
(b) The offices of the court clerk shall provide the forms to persons seeking to proceed
under this chapter.
]
[
(4)
] 
(2)
 The petition for a civil stalking injunction shall include:
(a) the name of the petitioner[
;
]
,
 however, the petitioner's address shall be disclosed to
the court for purposes of service, but, on request of the petitioner, the address may not be listed
on the petition, and shall be protected and maintained in a separate document or automated
database, not subject to release, disclosure, or any form of public access except as ordered by
the court for good cause shown;
(b) the name and address, if known, of the respondent;
(c) specific events and dates of the actions constituting the alleged stalking;
(d) if there is a prior court order concerning the same conduct, the name of the court in
which the order was rendered; and
(e) corroborating evidence of stalking, which may be in the form of a police report,
affidavit, record, statement, item, letter, or any other evidence which tends to prove the
allegation of stalking.
[
(5)
] 
(3)
 (a) If the court determines that there is reason to believe that an offense of
stalking has occurred, an ex parte civil stalking injunction may be issued by the court that
includes any of the following:
(i) respondent may be enjoined from committing stalking;
(ii) respondent may be restrained from coming near the residence, place of
employment, or school of the other party or specifically designated locations or persons;
(iii) respondent may be restrained from contacting, directly or indirectly, the other
party, including personal, written or telephone contact with the other party, the other party's
employers, employees, fellow workers or others with whom communication would be likely to
cause annoyance or alarm to the other party; or
(iv) any other relief necessary or convenient for the protection of the petitioner and
other specifically designated [
persons
] 
individuals
 under the circumstances.
(b) If the petitioner and respondent have minor children, the court shall follow the
provisions of Section [
78B-7-106
] 
78B-7-603
 and take into consideration the respondent's
custody and parent-time rights while ensuring the safety of the victim and the minor children. 
If the court issues a civil stalking injunction, but declines to address custody and parent-time
issues, a copy of the stalking injunction shall be filed in any action in which custody and
parent-time issues are being considered.
[
(6)
] 
(4)
 Within 10 days [
of service of
] 
after the day on which the
 the ex parte civil
stalking injunction 
is served
, the respondent is entitled to request, in writing, an evidentiary
hearing on the civil stalking injunction.
(a) A hearing requested by the respondent shall be held within 10 days [
from the date
the
] 
after the day on which the
 request is filed with the court unless the court finds compelling
reasons to continue the hearing. The hearing shall then be held at the earliest possible time. 
The burden is on the petitioner to show by a preponderance of the evidence that stalking of the
petitioner by the respondent has occurred.
(b) An ex parte civil stalking injunction issued under this section shall state on [
its
] 
the
civil stalking injunction's
 face:
(i) that the respondent is entitled to a hearing, upon written request within 10 days [
of
the service of
] 
after the day on which
 the order 
is served
;
(ii) the name and address of the [
district
] court where the request may be filed;
(iii) that if the respondent fails to request a hearing within 10 days [
of service,
] 
after
the day on which the ex parte civil stalking injunction is served,
 the ex parte civil stalking
injunction is automatically modified to a civil stalking injunction without further notice to the
respondent and [
that
] the civil stalking injunction expires three years after [
service of
] 
the day
on which
 the ex parte civil stalking injunction 
is served
; and
(iv) that if the respondent requests, in writing, a hearing after the ten-day period after
service, the court shall set a hearing within a reasonable time from the date requested.
[
(7)
] 
(5)
 At the hearing, the court may modify, revoke, or continue the injunction. The
burden is on the petitioner to show by a preponderance of the evidence that stalking of the
petitioner by the respondent has occurred.
[
(8) The ex parte civil stalking injunction and civil stalking injunction shall include the
following statement: "Attention. This is an official court order. If you disobey this order, the
court may find you in contempt. You may also be arrested and prosecuted for the crime of
stalking and any other crime you may have committed in disobeying this order."
]
[
(9)
] 
(6)
 The ex parte civil stalking injunction shall be served on the respondent within
90 days [
from the date it
] 
after the day on which the ex parte civil stalking injunction
 is signed. 
An ex parte civil stalking injunction is effective upon service. If no hearing is requested in
writing by the respondent within 10 days [
of service of
] 
after the day on which
 the ex parte
civil stalking injunction 
is served
, the ex parte civil stalking injunction automatically becomes
a civil stalking injunction without further notice to the respondent and expires three years [
from
the date of service of
] 
after the day on which
 the ex parte civil stalking injunction 
is served
.
[
(10)
] 
(7)
 If the respondent requests a hearing after the ten-day period after service, the
court shall set a hearing within a reasonable time from the date requested. At the hearing, the
burden is on the respondent to show good cause why the civil stalking injunction should be
dissolved or modified.
[
(11)
] 
(8)
 Within 24 hours after the affidavit or acceptance of service has been
returned, excluding weekends and holidays, the clerk of the court from which the ex parte civil
stalking injunction was issued shall enter a copy of the ex parte civil stalking injunction and
proof of service or acceptance of service in the statewide network for warrants or a similar
system.
(a) The effectiveness of an ex parte civil stalking injunction or civil stalking injunction
[
shall
] 
may
 not depend upon [
its
] entry 
of the ex parte civil stalking injunction or civil stalking
injunction
 in the statewide system and, for enforcement purposes, a certified copy of an ex
parte civil stalking injunction or civil stalking injunction is presumed to be a valid existing
order of the court for a period of three years [
from the date of service of
] 
after the day on which
the ex parte civil stalking injunction 
is served
 on the respondent.
(b) Any changes or modifications of the ex parte civil stalking injunction are effective
upon service on the respondent. The original ex parte civil stalking injunction continues in
effect until service of the changed or modified civil stalking injunction on the respondent.
[
(12)
] 
(9)
 Within 24 hours after the affidavit or acceptance of service [
has been
] 
is
returned, excluding weekends and holidays, the clerk of the court shall enter a copy of the
changed or modified civil stalking injunction and proof of service or acceptance of service in
the statewide network for warrants or a similar system.
[
(13)
] 
(10)
 The ex parte civil stalking injunction or civil stalking injunction may be
dissolved at any time upon application of the petitioner to the court [
which
] 
that
 granted [
it
] 
the
ex parte civil stalking injunction or civil stalking injunction
.
[
(14) The court clerk shall provide, without charge, to the petitioner one certified copy
of the injunction issued by the court and one certified copy of the proof of service of the
injunction on the respondent. Charges may be imposed by the clerk's office for any additional
copies, certified or not certified in accordance with Rule 4-202.08 of the Code of Judicial
Administration.
]
(11) An ex parte civil stalking injunction and a civil stalking injunction shall be served
by a sheriff or constable in accordance with this section.
[
(15)
] 
(12)
 The remedies provided in this chapter for enforcement of the orders of the
court are in addition to any other civil and criminal remedies available. The [
district
] court
shall hear and decide all matters arising [
pursuant to
] 
under
 this section.
[
(16)
] 
(13)
 After a hearing with notice to the affected party, the court may enter an
order requiring any party to pay the costs of the action, including reasonable attorney fees.
[
(17)
] 
(14)
 This [
chapter does not apply to protective orders or ex parte protective
orders issued pursuant to Title 78B, Chapter 7, Part 1, Cohabitant Abuse Act, or to
] 
section
does not apply to
 preliminary injunctions issued [
pursuant to
] 
under
 an action for dissolution of
marriage or legal separation.
Section 57. Section 
78B-7-702
, which is renumbered from Section 77-3a-101.1 is
renumbered and amended to read:
[
77-3a-101.1
].
 78B-7-702.
Mutual civil stalking injunctions.
(1) A court may not grant a mutual order or mutual civil stalking injunction to
opposing parties, unless each party:
(a) files an independent petition against the other for a civil stalking injunction, and
both petitions are served;
(b) makes a showing at an evidentiary hearing on the civil stalking injunction that
stalking has occurred by the other party; and
(c) demonstrates the alleged act did not occur in self-defense.
(2) If the court issues mutual civil stalking injunctions, the court shall include specific
findings of all elements of Subsection (1) in the court order justifying the entry of the court
orders.
[
(3) A court may not grant a civil stalking injunction to a civil petitioner who is the
respondent or defendant subject to a civil stalking injunction, protective order, child protective
order, or ex parte child protective order:
]
[
(a) issued under:
]
[
(i) Chapter 3a, Stalking Injunctions;
]
[
(ii) a foreign protection order enforceable under Title 78B, Chapter 7, Part 3, Uniform
Interstate Enforcement of Domestic Violence Protection Orders Act;
]
[
(iii) Chapter 36, Cohabitant Abuse Procedures Act;
]
[
(iv) Title 78A, Chapter 6, Juvenile Court Act; or
]
[
(v) Title 78B, Chapter 7, Part 1, Cohabitant Abuse Act; and
]
[
(b) unless the court determines that the requirements of Subsection (1) are met, and:
]
[
(i) the same court issued the order for protection against the respondent; or
]
[
(ii) if the matter is before a subsequent court, the subsequent court:
]
[
(A) determines it would be impractical for the original court to consider the matter;
or
]
[
(B) confers with the court that issued the order for protection.
]
(3) (a) Except as provided in Subsection (3)(b), a court may not grant a protective order
to a civil petitioner who is the respondent or defendant subject to:
(i) a civil stalking injunction;
(ii) a civil protective order that is issued under:
(A) this part;
(B) Part 2, Child Protective Orders;
(C) Part 6, Cohabitant Abuse Protective Orders;
(D) Part 8, Criminal Protective Orders; or
(E) Title 78A, Chapter 6, Juvenile Court Act;
(iii) an ex parte civil protective order issued under Part 2, Child Protective Orders; or
(iv) a foreign protection order enforceable under Part 3, Uniform Interstate
Enforcement of Domestic Violence Protection Orders Act.
(b) The court may issue a protective order to a civil petitioner described in Subsection
(3)(a) if:
(i) the court determines that the requirements of Subsection (1) are met; and
(ii) (A) the same court issued the protective order against the respondent; or
(B) the subsequent court determines it would be impractical for the original court to
consider the matter or confers with the court that issued the protective order described in
Subsection (3)(a)(ii) or (iii).
Section 58. Section 
78B-7-703
, which is renumbered from Section 77-3a-103 is
renumbered and amended to read:
[
77-3a-103
].
 78B-7-703.
Violation.
[
(1) A peace or law enforcement officer shall, without a warrant, arrest a person if the
peace or law enforcement officer has probable cause to believe that the person has violated an
ex parte civil stalking injunction or civil stalking injunction issued pursuant to this chapter or
has violated a permanent criminal stalking injunction issued pursuant to Section 
76-5-106.5
,
whether or not the violation occurred in the presence of the officer.
]
[
(2)
] 
(1)
 A violation of an ex parte civil stalking injunction or of a civil stalking
injunction issued [
pursuant to this chapter
] 
under this part
 constitutes the criminal offense of
stalking [
as defined in
] 
under
 Section 
76-5-106.5
 and is also a violation of the civil stalking
injunction. [
Violations
]
(2) A violation of an ex parte civil stalking injunction or of a civil stalking injunction
issued under this part
 may be enforced by a civil action initiated by the petitioner, a criminal
action initiated by a prosecuting attorney, or both.
Section 59. Section 
78B-7-801
 is enacted to read:
Part 8. Criminal Protective Orders
 78B-7-801.
Definitions.
As used in this part:
(1) "Jail release agreement" means a written agreement that is entered into by an
arrested individual, regardless of whether the individual is booked into jail:
(a) under which the arrested individual agrees to not engage in any of the following:
(i) have personal contact with the alleged victim;
(ii) threaten or harass the alleged victim; or
(iii) knowingly enter on the premises of the alleged victim's residence or on premises
temporarily occupied by the alleged victim; and
(b) that specifies other conditions of release from jail or arrest.
(2) "Jail release court order" means a written court order that:
(a) orders an arrested individual not to engage in any of the following:
(i) have personal contact with the alleged victim;
(ii) threaten or harass the alleged victim; or
(iii) knowingly enter on the premises of the alleged victim's residence or on premises
temporarily occupied by the alleged victim; and
(b) specifies other conditions of release from jail.
(3) "Minor" means an unemancipated individual who is younger than 18 years of age.
(4) "Offense against a child or vulnerable adult" means the commission or attempted
commission of an offense described in Section 
76-5-109
, 
76-5-109.1
, 
76-5-110
, or 
76-5-111
.
(5) "Qualifying offense" means:
(a) domestic violence;
(b) an offense against a child or vulnerable adult; or
(c) the commission or attempted commission of an offense described in Title 76,
Chapter 5, Part 4, Sexual Offenses.
Section 60. Section 
78B-7-802
, which is renumbered from Section 77-20-3.5 is
renumbered and amended to read:
[
77-20-3.5
].
 78B-7-802.
Conditions for release after arrest for domestic violence
and other offenses -- Jail release agreements -- Jail release court orders.
[
(1) As used in this section:
]
[
(a) "Domestic violence" means the same as that term is defined in Section 
77-36-1
.
]
[
(b) "Jail release agreement" means a written agreement that is entered into by an
arrested individual:
]
[
(i) under which the arrested individual agrees to not engage in any of the following:
]
[
(A) have personal contact with the alleged victim;
]
[
(B) threaten or harass the alleged victim; or
]
[
(C) knowingly enter on the premises of the alleged victim's residence or on premises
temporarily occupied by the alleged victim; and
]
[
(ii) that specifies other conditions of release from jail.
]
[
(c) "Jail release court order" means a written court order that:
]
[
(i) orders an arrested individual not to engage in any of the following:
]
[
(A) have personal contact with the alleged victim;
]
[
(B) threaten or harass the alleged victim; or
]
[
(C) knowingly enter on the premises of the alleged victim's residence or on premises
temporarily occupied by the alleged victim; and
]
[
(ii) specifies other conditions of release from jail.
]
[
(d) "Minor" means an unemancipated individual who is younger than 18 years of age.
] 
[
(e) "Offense against a child or vulnerable adult" means the commission or attempted
commission of an offense described in Section 
76-5-109
, 
76-5-109.1
, 
76-5-110
, or 
76-5-111
.
]
[
(f) "Qualifying offense" means:
]
[
(i) domestic violence;
]
[
(ii) an offense against a child or vulnerable adult; or
]
[
(iii) the commission or attempted commission of an offense described in Title 76,
Chapter 5, Part 4, Sexual Offenses.
] 
[
(2) (a)
] 
(1)
 Upon arrest for a qualifying offense and before the individual is released
on bail, recognizance, or otherwise, the individual may not personally contact the alleged
victim.
[
(b) An individual who violates Subsection (2)(a) is guilty of a class B misdemeanor.
]
[
(3)
] 
(2)
 (a) After an individual is arrested for a qualifying offense, the individual may
not be released before:
(i) the matter is submitted to a magistrate in accordance with Section 
77-7-23
; or
(ii) the individual signs a jail release agreement.
(b) The arresting officer shall ensure that the information presented to the magistrate
includes whether the alleged victim has made a waiver described in Subsection [
(6)
] 
(5)
(a).
(c) (i) If the magistrate determines there is probable cause to support the charge or
charges of one or more qualifying offenses , the magistrate shall determine whether the arrested
individual may be held without bail, in accordance with Section 
77-20-1
.
(ii) If the magistrate determines that the arrested individual has the right to be admitted
to bail, the magistrate shall determine:
(A) whether any release conditions, including electronic monitoring, are necessary to
protect the alleged victim; and
(B) any bail that is required to guarantee the arrested [
person's
] 
individual's
 subsequent
appearance in court.
(d) The magistrate may not release an individual arrested for a qualifying offense
unless the magistrate issues a jail release court order or the arrested individual signs a jail
release agreement.
[
(4)
] 
(3)
 (a) If an individual charged with a qualifying offense fails to either schedule
an initial appearance or to appear at the time scheduled by the magistrate within 96 hours after
the time of arrest, the individual shall comply with the release conditions of a jail release
agreement or jail release court order until the individual makes an initial appearance.
(b) If the prosecutor has not filed charges against an individual who was arrested for a
qualifying offense and who appears in court at the time scheduled by the magistrate under
Subsection [
(3)
] 
(2)
, or by the court under Subsection [
(4)
] 
(3)
(b)(ii), the court:
(i) may, upon the motion of the prosecutor and after allowing the individual an
opportunity to be heard on the motion, extend the release conditions described in the jail
release court order or the jail release agreement by no more than three court days; and
(ii) if the court grants the motion described in Subsection [
(4)
] 
(3)
(b)(i), shall order the
arrested individual to appear at a time scheduled before the end of the granted extension.
(c) (i) If the prosecutor determines that there is insufficient evidence to file charges
before an initial appearance scheduled under Subsection [
(4)
] 
(3)
(a), the prosecutor shall
transmit a notice of declination to either the magistrate who signed the jail release court order
or, if the releasing agency obtains a jail release agreement from the released arrestee, to the
statewide domestic violence network described in Section 
78B-7-113
.
(ii) A prosecutor's notice of declination transmitted under this Subsection [
(4)
] 
(3)
(c) is
considered a motion to dismiss a jail release court order and a notice of expiration of a jail
release agreement.
[
(5)
] 
(4)
 Except as provided in Subsection [
(4)
] 
(3)
 or otherwise ordered by a court, a
jail release agreement or jail release court order expires at midnight after the earlier of:
(a) the arrested individual's initial scheduled court appearance described in Subsection
[
(4)
] 
(3)
(a);
(b) the day on which the prosecutor transmits the notice of the declination under
Subsection [
(4)
] 
(3)
(c); or
(c) 30 days after the day on which the arrested individual is arrested.
[
(6)
] 
(5)
 (a) (i) After an arrest for a qualifying offense , an alleged victim who is not a
minor may waive in writing the release conditions prohibiting:
(A) personal contact with the alleged victim; or
(B) knowingly entering on the premises of the alleged victim's residence or on
premises temporarily occupied by the alleged victim.
(ii) Upon waiver, the release conditions described in Subsection [
(6)
] 
(5)
(a)(i) do not
apply to the arrested individual.
(b) A court or magistrate may modify a jail release agreement or a jail release court
order in writing or on the record, and only for good cause shown.
[
(7)
] 
(6)
 (a) When an arrested individual is released in accordance with Subsection
[
(3)
] 
(2)
, the releasing agency shall:
(i) notify the arresting law enforcement agency of the release, conditions of release, and
any available information concerning the location of the alleged victim;
(ii) make a reasonable effort to notify the alleged victim of the release; and
(iii) before releasing the arrested individual, give the arrested individual a copy of the
jail release agreement or the jail release court order.
(b) (i) When an individual arrested for domestic violence is released [
pursuant to
]
under
 this section based on a jail release agreement, the releasing agency shall transmit that
information to the statewide domestic violence network described in Section 
78B-7-113
.
(ii) When an individual arrested for domestic violence is released [
pursuant to
] 
under
this section based upon a jail release court order or if a jail release agreement is modified
[
pursuant to
] 
under
 Subsection [
(6)
] 
(5)
(b), the court shall transmit that order to the statewide
domestic violence network described in Section 
78B-7-113
.
(c) This Subsection [
(7)
] 
(6)
 does not create or increase liability of a law enforcement
officer or agency, and the good faith immunity provided by Section 
77-36-8
 is applicable.
[
(8) (a) If a law enforcement officer has probable cause to believe that an individual
has violated a jail release agreement or jail release court order, the officer shall, without a
warrant, arrest the individual.
]
[
(b) An individual who knowingly violates a jail release court order or jail release
agreement executed pursuant to Subsection (3) is guilty as follows:
]
[
(i) if the original arrest was for a felony, an offense under this section is a third degree
felony; or
]
[
(ii) if the original arrest was for a misdemeanor, an offense under this section is a class
A misdemeanor.
]
[
(c) A city attorney may prosecute class A misdemeanor violations under this section.
]
[
(9)
] 
(7)
 An individual who is arrested for a qualifying offense that is a felony and
released in accordance with this section may subsequently be held without bail if there is
substantial evidence to support a new felony charge against the individual.
[
(10)
] 
(8)
 At the time an arrest is made for a qualifying offense , the arresting officer
shall provide the alleged victim with written notice containing:
(a) the release conditions described in this section, and notice that the alleged
perpetrator will not be released, before appearing before the court with jurisdiction over the
offense for which the alleged perpetrator was arrested, unless:
(i) the alleged perpetrator enters into a jail release agreement to comply with the release
conditions; or
(ii) the magistrate issues a jail release order that specifies the release conditions;
(b) notification of the penalties for violation of any jail release agreement or jail release
court order;
(c) the address of the appropriate court in the district or county in which the alleged
victim resides;
(d) the availability and effect of any waiver of the release conditions; and
(e) information regarding the availability of and procedures for obtaining civil and
criminal protective orders with or without the assistance of an attorney.
[
(11)
] 
(9)
 At the time an arrest is made for a qualifying offense , the arresting officer
shall provide the alleged perpetrator with written notice containing:
(a) notification that the alleged perpetrator may not contact the alleged victim before
being released;
(b) the release conditions described in this section and notice that the alleged
perpetrator will not be released, before appearing before the court with jurisdiction over the
offense for which the alleged perpetrator was arrested, unless:
(i) the alleged perpetrator enters into a jail release agreement to comply with the release
conditions; or
(ii) the magistrate issues a jail release court order;
(c) notification of the penalties for violation of any jail release agreement or jail release
court order; and
(d) notification that the alleged perpetrator is to personally appear in court on the next
day the court is open for business after the day of the arrest.
[
(12)
] 
(10)
 (a) A pretrial or sentencing protective order [
supercedes
] 
issued under this
part supersedes
 a jail release agreement or jail release court order.
(b) If a court dismisses the charges for the qualifying offense that gave rise to a jail
release agreement or jail release court order, the court shall dismiss the jail release agreement
or jail release court order.
[
(13)
] 
(11)
 This section does not apply if the individual arrested for the qualifying
offense is a minor, unless the qualifying offense is domestic violence. 
Section 61. Section 
78B-7-803
 is enacted to read:
 78B-7-803.
Pretrial protective orders.
(1) (a) When a defendant is charged with a crime involving a qualifying offense, the
court shall, at the time of the defendant's court appearance under Section 
77-36-2.6
:
(i) determine the necessity of imposing a pretrial protective order or other condition of
pretrial release; and
(ii) state the court's findings and determination in writing.
(b) In any criminal case, the court may, during any court hearing where the defendant is
present, issue a pretrial protective order, pending trial.
(2) A court may include any of the following provisions in a pretrial protective order:
(a) an order enjoining the defendant from threatening to commit or committing acts of
domestic violence or abuse against the victim and any designated family or household member;
(b) an order prohibiting the defendant from harassing, telephoning, contacting, or
otherwise communicating with the victim, directly or indirectly;
(c) an order removing and excluding the defendant from the victim's residence and the
premises of the residence;
(d) an order requiring the defendant to stay away from the victim's residence, school, or
place of employment, and the premises of any of these, or any specified place frequented by the
victim and any designated family member;
(e) an order for any other relief that the court considers necessary to protect and
provide for the safety of the victim and any designated family or household member;
(f) an order identifying and requiring an individual designated by the victim to
communicate between the defendant and the victim if and to the extent necessary for family
related matters;
(g) an order requiring the defendant to participate in an electronic or other type of
monitoring program; and
(h) if the alleged victim and the defendant share custody of one or more minor
children, an order for indirect or limited contact to temporarily facilitate parent visitation with a
minor child.
(3) When issuing a pretrial protective order, the court shall determine whether to allow
provisions for transfer of personal property to decrease the need for contact between the parties.
Section 62. Section 
78B-7-804
 is enacted to read:
 78B-7-804.
Sentencing and continuous protective orders for a domestic violence
offense -- Modification.
(1) Before a perpetrator who has been convicted of a domestic violence offense may be
placed on probation, the court shall consider the safety and protection of the victim and any
member of the victim's family or household.
(2) The court may condition probation or a plea in abeyance on the perpetrator's
compliance with a sentencing protective order that includes:
(a) an order enjoining the perpetrator from threatening to commit or committing acts of
domestic violence against the victim or other family or household member;
(b) an order prohibiting the perpetrator from harassing, telephoning, contacting, or
otherwise communicating with the victim, directly or indirectly;
(c) an order requiring the perpetrator to stay away from the victim's residence, school,
place of employment, and the premises of any of these, or a specified place frequented
regularly by the victim or any designated family or household member;
(d) an order prohibiting the perpetrator from purchasing, using, or possessing a firearm
or other specified weapon;
(e) an order directing the perpetrator to surrender any weapons the perpetrator owns or
possesses; and
(f) an order imposing any other condition necessary to protect the victim and any other
designated family or household member or to rehabilitate the perpetrator.
(3) (a) Because of the serious, unique, and highly traumatic nature of domestic violence
crimes, the high recidivism rate of violent offenders, and the demonstrated increased risk of
continued acts of violence subsequent to the release of a perpetrator who is convicted of
domestic violence, it is the finding of the Legislature that domestic violence crimes warrant the
issuance of continuous protective orders under this Subsection (3) because of the need to
provide ongoing protection for the victim and to be consistent with the purposes of protecting
victims' rights under Title 77, Chapter 37, Victims' Rights, and Title 77, Chapter 38, Rights of
Crime Victims Act, and Article I, Section 28 of the Utah Constitution.
(b) If a perpetrator is convicted of a domestic violence offense resulting in a sentence
of imprisonment, including jail, that is to be served after conviction, the court shall issue a
continuous protective order at the time of the conviction or sentencing limiting the contact
between the perpetrator and the victim unless the court determines by clear and convincing
evidence that the victim does not a have a reasonable fear of future harm or abuse.
(c) (i) The court shall notify the perpetrator of the right to request a hearing.
(ii) If the perpetrator requests a hearing under this Subsection (3)(c), the court shall
hold the hearing at the time determined by the court. The continuous protective order shall be
in effect while the hearing is being scheduled and while the hearing is pending.
(d) A continuous protective order is permanent in accordance with this Subsection (3)
and may include:
(i) an order enjoining the perpetrator from threatening to commit or committing acts of
domestic violence against the victim or other family or household member;
(ii) an order prohibiting the perpetrator from harassing, telephoning, contacting, or
otherwise communicating with the victim, directly or indirectly;
(iii) an order prohibiting the perpetrator from going to the victim's residence, school,
place of employment, and the premises of any of these, or a specified place frequented
regularly by the victim or any designated family or other household member;
(iv) an order directing the perpetrator to pay restitution to the victim as may apply, and
shall be enforced in accordance with Title 77, Chapter 38a, Crime Victims Restitution Act; and
(v) any other order the court considers necessary to fully protect the victim and
members of the victim's family or other household member.
(4) A continuous protective order may be modified or dismissed only if the court
determines by clear and convincing evidence that all requirements of Subsection (3) have been
met and the victim does not have a reasonable fear of future harm or abuse.
(5) In addition to the process of issuing a continuous protective order described in
Subsection (3), a district court may issue a continuous protective order at any time if the victim
files a petition with the court, and after notice and hearing the court finds that a continuous
protective order is necessary to protect the victim.
Section 63. Section 
78B-7-805
 is enacted to read:
 78B-7-805.
Sentencing protective orders and continuous protective orders for an
offense that is not domestic violence -- Modification.
(1) For an offense that is not domestic violence, the court may consider the safety and
protection of the victim and any member of the victim's family or household before placing the
perpetrator on probation.
(2) The court may condition probation or a plea in abeyance on the perpetrator's
compliance with a sentencing protective order that includes:
(a) an order enjoining the perpetrator from threatening to commit or committing acts of
domestic violence against the victim or other family or household member;
(b) an order prohibiting the perpetrator from harassing, telephoning, contacting, or
otherwise communicating with the victim, directly or indirectly;
(c) an order requiring the perpetrator to stay away from the victim's residence, school,
place of employment, and the premises of any of these, or a specified place frequented
regularly by the victim or any designated family or household member;
(d) an order prohibiting the perpetrator from purchasing, using, or possessing a firearm
or other specified weapon;
(e) an order directing the perpetrator to surrender any weapons the perpetrator owns or
possesses; and
(f) an order imposing any other condition necessary to protect the victim and any other
designated family or household member or to rehabilitate the perpetrator.
(3) (a) If a perpetrator is convicted of an offense that is not domestic violence resulting
in a sentence of imprisonment that is to be served after conviction, the court may issue a
continuous protective order at the time of the conviction or sentencing limiting the contact
between the perpetrator and the victim if the court determines by clear and convincing evidence
that the victim has a reasonable fear of future harm or abuse.
(b) (i) The court shall notify the perpetrator of the right to request a hearing.
(ii) If the perpetrator requests a hearing under this Subsection (3), the court shall hold
the hearing at the time determined by the court and the continuous protective order shall be in
effect while the hearing is being scheduled and while the hearing is pending.
(c) A continuous protective order is permanent in accordance with this Subsection
(3)(c) and may include any order described in Subsection 
78B-7-804
(3)(c).
(4) A continuous protective order issued under this section may be modified or
dismissed only in accordance with Subsection 
78B-7-804
(4).
(5) In addition to the process of issuing a continuous protective order described in
Subsection (3)(a), a district court may issue a continuous protective order at any time in
accordance with Subsection 
78B-7-804
(5).
Section 64. Section 
78B-7-806
 is enacted to read:
 78B-7-806.
Penalties.
(1) (a) A violation of Subsection 
78B-7-802
(1) is a class B misdemeanor.
(b) An individual who knowingly violates a jail release court order or jail release
agreement executed under Subsection 
78B-7-802
(2) is guilty of:
(i) a third degree felony, if the original arrest was for a felony; or
(ii) a class A misdemeanor, if the original arrest was for a misdemeanor.
(2) A violation of pretrial protective order issued under this part is:
(a) a third degree felony, if the original arrest or subsequent charge filed is a felony; or
(b) a class A misdemeanor, if the original arrest or subsequent charge filed is a
misdemeanor.
(3) A violation of a sentencing protective order and of a continuous protective order
issued under this part is:
(a) a third degree felony, if the conviction was a felony; or
(b) a class A misdemeanor, if the conviction was a misdemeanor.
Section 65. Section 
78B-7-807
 is enacted to read:
 78B-7-807.
Notice to victims.
(1) (a) The court shall provide the victim with a certified copy of any pretrial protective
order that has been issued if the victim can be located with reasonable effort.
(b) If the court is unable to locate the victim, the court shall provide the victim's
certified copy to the prosecutor.
(c) A sentencing protective order or continuous protective order issued under this part
shall be in writing, and the prosecutor shall provide a certified copy of that order to the victim.
(2) (a) Adult Probation and Parole, or another provider, shall immediately report to the
court and notify the victim of any violation of any sentencing protective order issued under this
part.
(b) Notification of the victim under Subsection (2)(a) shall consist of a good faith
reasonable effort to provide prompt notification, including mailing a copy of the notification to
the last-known address of the victim.
(3) (a) Before release of an individual who is subject to a continuous protective order
issued under this part, the victim shall receive notice of the imminent release by the law
enforcement agency that is releasing the individual who is subject to the continuous protective
order:
(i) if the victim has provided the law enforcement agency contact information; and
(ii) in accordance with Section 
64-13-14.7
, if applicable.
(b) Before release, the law enforcement agency shall notify in writing the individual
being released that a violation of the continuous protective order issued at the time of
conviction or sentencing continues to apply, and that a violation of the continuous protective
order is punishable as described in Section 
78B-7-806
.
(4) The court shall transmit a dismissal, termination, and expiration of a pretrial
protective order, sentencing protective order, or a continuous protective order to the statewide
domestic violence network described in Section 
78B-7-113
.
Section 66. Section 
78B-7-901
 is enacted to read:
Part 9. Criminal Stalking Injunctions
 78B-7-901.
Definitions.
As used in this part:
(1) "Conviction" means:
(a) a verdict or conviction;
(b) a plea of guilty or guilty and mentally ill;
(c) a plea of no contest; or
(d) the acceptance by the court of a plea in abeyance.
(2) "Immediate family" means the same as that term is defined in Section 
76-5-106.5
.
Section 67. Section 
78B-7-902
 is enacted to read:
 78B-7-902.
Permanent criminal stalking injunction -- Modification.
(1) (a) The following serve as an application for a permanent criminal stalking
injunction limiting the contact between the defendant and the victim:
(i) a conviction for:
(A) stalking; or
(B) attempt to commit stalking; or
(ii) a plea to any of the offenses described in Subsection (1)(a)(i) accepted by the court
and held in abeyance for a period of time.
(b) (i) The district court shall issue a permanent criminal stalking injunction at the time
of conviction.
(ii) The court shall give the defendant notice of the right to request a hearing.
(c) If the defendant requests a hearing under Subsection (1)(b), the court shall hold the
hearing at the time of the conviction unless the victim requests otherwise, or for good cause.
(d) If the conviction was entered in a justice court, the victim shall file a certified copy
of the judgment and conviction or a certified copy of the court's order holding the plea in
abeyance with the court as an application and request for a hearing for a permanent criminal
stalking injunction.
(2) The court shall issue a permanent criminal stalking injunction granting the
following relief where appropriate:
(a) an order:
(i) restraining the defendant from entering the residence, property, school, or place of
employment of the victim; and
(ii) requiring the defendant to stay away from the victim, except as provided in
Subsection (4), and to stay away from any specified place that is named in the order and is
frequented regularly by the victim;
(b) an order restraining the defendant from making contact with or regarding the
victim, including an order forbidding the defendant from personally or through an agent
initiating any communication, except as provided in Subsection (3), likely to cause annoyance
or alarm to the victim, including personal, written, or telephone contact with or regarding the
victim, with the victim's employers, employees, coworkers, friends, associates, or others with
whom communication would be likely to cause annoyance or alarm to the victim; and
(c) any other orders the court considers necessary to protect the victim and members of
the victim's immediate family or household.
(3) (a) If the victim and defendant have minor children together, the court may consider
provisions regarding the defendant's exercise of custody and parent-time rights while ensuring
the safety of the victim and any minor children.
(b) If the court issues a permanent criminal stalking injunction, but declines to address
custody and parent-time issues, a copy of the permanent criminal stalking injunction shall be
filed in any action in which custody and parent-time issues are being considered and the court
may modify the injunction to balance the parties' custody and parent-time rights.
(4) Except as provided in Subsection (3), a permanent criminal stalking injunction may
be modified, dissolved, or dismissed only upon application of the victim to the court which
granted the injunction.
Section 68. Section 
78B-7-903
 is enacted to read:
 78B-7-903.
Penalties.
(1) A violation of a permanent criminal stalking injunction issued under this part is a
third degree felony in accordance with Subsection 
76-5-106.5
(7).
(2) A violation of a permanent criminal stalking injunction issued under this part may
be enforced in a civil action initiated by the stalking victim, a criminal action initiated by a
prosecuting attorney, or both.
Section 69. Section 
78B-7-904
 is enacted to read:
 78B-7-904.
Notice to victims.
(1) The court shall send notice of permanent criminal stalking injunctions issued under
this part to the statewide warrants network or similar system, including the statewide domestic
violence network described in Section 
78B-7-113
.
(2) A permanent criminal stalking injunction issued under this part has effect
statewide.
Section 70. Section 
78B-19-107
 is amended to read:
78B-19-107.
Emergency orders.
During a collaborative law process, a court may issue emergency orders, including
protective orders in accordance with Title 78B, Chapter 7, Part [
1, Cohabitant Abuse Act
] 
6,
Cohabitant Abuse Protective Orders
, or Part 2, Child Protective Orders, to protect the health,
safety, welfare, or interest of a party or member of a party's household.
Section 71. 
Repealer.
This bill repeals:
Section 
77-3a-102
,
Fees -- Service of process.
Section 
78B-7-114
,
Authority to prosecute class A misdemeanor violations.
Section 
78B-7-401
,
Title.
Section 
78B-7-406
,
Fees -- Service of process.
Section 
78B-7-501
,
Title.
Section 
78B-7-507
,
Fees -- Forms.
Section 72. 
Effective date.
This bill takes effect on July 1, 2020.