Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 255 Second Substitute (2021GS)

Sponsor

Rep. Snow, V. L.

Final action

Governor Signed 3/16/2021

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• modifies definitions;
• requires the Administrative Office of the Courts to include an expiration date on a civil protective order form;
• modifies the time frame within which:
• an objection to certain civil protective orders must be filed; and
• certain hearings on a civil protective order must be held;
• modifies the circumstances under which a violation of a civil protective order is a civil offense;
• modifies the circumstances under which a provision of a cohabitant abuse protective order may be modified or dismissed during a divorce, parentage, custody, or guardianship proceeding;
• modifies the day on which a civil provision of a cohabitant abuse protective order expires;
• adds sexual battery as a qualifying offense for protective orders;
• provides that jail release agreements and other measures can apply when an individual is issued a citation and not arrested;
• modifies the type of contact prohibited under jail release agreements and orders;
• establishes procedures for a victim's waiver of jail release agreement conditions;
• prohibits issuance of a continuous protective order against a minor unless the minor is tried as an adult;

Every vote on this bill

Bill text

PROTECTIVE ORDER REVISIONS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: V. Lowry Snow
Senate Sponsor: 
Todd D. Weiler
LONG TITLE
General Description:
This bill modifies provisions relating to protective orders.
Highlighted Provisions:
This bill:
▸ modifies definitions;
▸ requires the Administrative Office of the Courts to include an expiration date on a
civil protective order form;
▸ modifies the time frame within which:
• an objection to certain civil protective orders must be filed; and
• certain hearings on a civil protective order must be held;
▸ modifies the circumstances under which a violation of a civil protective order is a
civil offense;
▸ modifies the circumstances under which a provision of a cohabitant abuse protective
order may be modified or dismissed during a divorce, parentage, custody, or
guardianship proceeding;
▸ modifies the day on which a civil provision of a cohabitant abuse protective order
expires;
▸ adds sexual battery as a qualifying offense for protective orders;
▸ provides that jail release agreements and other measures can apply when an
individual is issued a citation and not arrested;
▸ modifies the type of contact prohibited under jail release agreements and orders;
▸ establishes procedures for a victim's waiver of jail release agreement conditions;
▸ prohibits issuance of a continuous protective order against a minor unless the minor
is tried as an adult;
▸ modifies the expiration dates for criminal protective orders issued against a minor;
▸ modifies terminology in the Cohabitant Abuse Procedures Act to clarify that the act
applies to a minor; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a coordination clause.
Utah Code Sections Affected:
AMENDS:
53-10-208
, as last amended by Laws of Utah 2020, Chapter 142
53-10-208.1
, as last amended by Laws of Utah 2020, Chapter 142
76-7-101
, as last amended by Laws of Utah 2020, Chapter 260
77-36-1
, as last amended by Laws of Utah 2020, Chapter 142
77-36-1.2
, as last amended by Laws of Utah 2020, Chapter 70
77-36-2.6
, as last amended by Laws of Utah 2020, Chapter 142
77-36-2.7
, as last amended by Laws of Utah 2020, Chapter 142
77-36-5
, as last amended by Laws of Utah 2020, Chapter 142
77-36-5.1
, as last amended by Laws of Utah 2020, Chapter 142
78B-7-105
, as last amended by Laws of Utah 2020, Chapter 142
78B-7-108
, as last amended by Laws of Utah 2018, Chapter 255
78B-7-203
, as last amended by Laws of Utah 2020, Chapter 142
78B-7-405
, as last amended by Laws of Utah 2020, Chapter 142
78B-7-408
, as enacted by Laws of Utah 2018, Chapter 255
78B-7-505
, as last amended by Laws of Utah 2020, Chapter 142
78B-7-603
, as renumbered and amended by Laws of Utah 2020, Chapter 142
78B-7-604
, as renumbered and amended by Laws of Utah 2020, Chapter 142
78B-7-605
, as renumbered and amended by Laws of Utah 2020, Chapter 142
78B-7-606
, as renumbered and amended by Laws of Utah 2020, Chapter 142
78B-7-801
, as enacted by Laws of Utah 2020, Chapter 142
78B-7-802
, as renumbered and amended by Laws of Utah 2020, Chapter 142
78B-7-803
, as enacted by Laws of Utah 2020, Chapter 142
78B-7-804
, as enacted by Laws of Utah 2020, Chapter 142
78B-7-805
, as enacted by Laws of Utah 2020, Chapter 142
Utah Code Sections Affected by Coordination Clause:
78B-7-801
, as enacted by Laws of Utah 2020, Chapter 142
78B-7-804
, as enacted by Laws of Utah 2020, Chapter 142
78B-7-805
, as enacted by Laws of Utah 2020, Chapter 142
Be it enacted by the Legislature of the state of Utah:
Section 1. 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 4, Dating Violence Protective Orders;
(iii) Title 78B, Chapter 7, Part 5, Sexual Violence Protective Orders; [
or
]
(iv) Title 78B, Chapter 7, Part 6, Cohabitant Abuse Protective Orders[
.
]
; or
(v) Title 78B, Chapter 7, Part 8, Criminal 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 2. 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 4, Dating Violence Protective Orders;
(iii) Title 78B, Chapter 7, Part 5, Sexual Violence Protective Orders; [
or
]
(iv) Title 78B, Chapter 7, Part 6, Cohabitant Abuse Protective Orders[
.
]
; or
(v) Title 78B, Chapter 7, Part 8, Criminal 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 3. Section 
76-7-101
 is amended to read:
76-7-101.
Bigamy -- Penalty -- Defense.
(1) An individual is guilty of bigamy if:
(a) the individual purports to marry another individual; and
(b) knows or reasonably should know that one or both of the individuals described in
Subsection (1)(a) are legally married to another individual.
(2) An individual who violates Subsection (1) is guilty of an infraction.
(3) An individual is guilty of a third degree felony if the individual induces bigamy:
(a) under fraudulent or false pretenses; or
(b) by threat or coercion.
(4) An individual is guilty of a second degree felony if the individual:
(a) cohabitates with another individual with whom the individual is engaged in bigamy
as described in Subsection (1); and
(b) in furtherance of the conduct described in Subsection (4)(a), commits a felony
offense, or for Subsection (4)(b)(vii), a misdemeanor offense, in violation of one or more of the
following:
(i) Chapter 5, Part 2, Criminal Homicide;
(ii) Chapter 5, Part 3, Kidnapping, Trafficking, and Smuggling;
(iii) Chapter 5, Part 4, Sexual Offenses;
(iv) Section 
76-5-109
, child abuse -- child abandonment;
(v) Section 
76-5-111
, abuse, neglect, or exploitation of a vulnerable adult;
(vi) Section 
76-5-209
, child abuse homicide;
(vii) Section 
76-9-702.1
, sexual battery;
(viii) Section 
76-7-201
, criminal nonsupport; [
or
]
(ix) Title 77, Chapter 36, Cohabitant Abuse Procedures Act[
.
]
; or
(x) Title 78B, Chapter 7, Part 8, Criminal Protective Orders.
(5) It is a defense to prosecution under Subsection (2) that:
(a) the individual ceased the practice of bigamy as described in Subsection (1) under
reasonable fear of coercion or bodily harm;
(b) the individual entered the practice of bigamy, as described in Subsection (1), as a
minor and ceased the practice of bigamy at any time after the individual entered the practice of
bigamy; or
(c) law enforcement discovers that the individual practices bigamy, as described in
Subsection (1), as a result of the individual's efforts to protect the safety and welfare of another
individual.
Section 4. 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 
or adjudication
of disorderly conduct is the result of a plea agreement in which the [
defendant
] 
perpetrator
 was
originally charged with a domestic violence offense otherwise described in this Subsection (4),
except that a conviction 
or adjudication
 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 Subsection 
78B-7-806
(1).
(5) "Jail release agreement" means the same as that term is defined in Section
78B-7-801
.
(6) "Jail release court order" means the same as that term is defined in Section
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 
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 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
] 
an individual who is convicted or adjudicated
 of a domestic violence offense may
have with a victim or other specified individuals 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 5. Section 
77-36-1.2
 is amended to read:
77-36-1.2.
Acceptance of a plea of guilty or no contest to domestic violence --
Restrictions.
[
(1) For purposes of this section, "qualifying domestic violence offense" means:
]
[
(a) a domestic violence offense in Utah; or
]
[
(b) an offense in any other state, or in any district, possession, or territory of the
United States, that would be a domestic violence offense under Utah law.
]
[
(2)
] 
(1)
 For purposes of this section and Section 
77-36-1.1
, a plea of guilty or no
contest to any domestic violence offense in Utah, which plea is held in abeyance under [
Title
77,
] Chapter 2a, Pleas in Abeyance, is the equivalent of a conviction, even if the charge has
been subsequently reduced or dismissed in accordance with the plea in abeyance agreement.
[
(3)
] 
(2)
 (a) Before agreeing to a plea of guilty or no contest, the prosecutor shall
examine the criminal history of the [
defendant
] 
perpetrator
.
(b) An entry of a plea of guilty or no contest to a domestic violence offense is invalid
unless the prosecutor agrees to the plea:
(i) in open court;
(ii) in writing; or
(iii) by another means of communication that the court finds adequate to record the
prosecutor's agreement.
Section 6. Section 
77-36-2.6
 is amended to read:
77-36-2.6.
Appearance required -- Considerations by court.
(1) [
A defendant who has been
] 
An alleged perpetrator who is
 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
] 
An alleged perpetrator who is
 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
.
(4) Appearances required by this section are mandatory and may not be waived.
Section 7. Section 
77-36-2.7
 is amended to read:
77-36-2.7.
Dismissal -- Diversion prohibited -- Plea in abeyance -- Pretrial
protective order.
(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
] 
alleged perpetrator's
 attorney and order the [
defendant's
] 
alleged perpetrator'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
] 
alleged perpetrator
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
] 
perpetrator
 fails
to complete any condition imposed by the court under Subsection (1)(e), the court may accept
the [
defendant's
] 
perpetrator's
 plea.
(3) When [
a defendant
] 
an alleged perpetrator
 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
] 
alleged perpetrator
 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
] 
an alleged perpetrator
 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 8. Section 
77-36-5
 is amended to read:
77-36-5.
Sentencing -- Restricting contact with victim -- Electronic monitoring --
Counseling -- Cost assessed against perpetrator -- Sentencing protective order --
Continuous protective order.
(1) When a [
defendant
] 
perpetrator
 is found guilty of a crime involving domestic
violence and a condition of the sentence restricts the [
defendant's
] 
perpetrator's
 contact with the
victim, a sentencing protective order may be issued under Section 
78B-7-804
 for the length of
the [
defendant's
] 
perpetrator's
 probation or a continuous protective order may be issued under
Section 
78B-7-804
.
(2) In determining the court's sentence
,
 the court, in addition to penalties otherwise
provided by law, may require the [
defendant
] 
perpetrator
 to participate in an electronic or other
type of monitoring program.
(3) The court may also require the [
defendant
] 
perpetrator
 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
] 
perpetrator's
 own counseling.
(4) The court shall:
(a) assess against the [
defendant
] 
perpetrator
, as restitution, any costs for services or
treatment provided to the victim and affected [
children
] 
child
 of the victim or the [
defendant
]
perpetrator
 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
] 
perpetrator
 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 9. Section 
77-36-5.1
 is amended to read:
77-36-5.1.
Conditions of probation for domestic violence offense.
(1) Before [
any
] 
a
 perpetrator who [
has been
] 
is
 convicted 
or adjudicated
 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
] 
under
 Section 
78B-7-804
;
(b) prohibiting the perpetrator from possessing or consuming alcohol or controlled
substances;
(c) prohibiting the perpetrator from purchasing, using, or possessing a firearm or other
specified weapon;
(d) directing the perpetrator to surrender any weapons the perpetrator owns or
possesses;
(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;
(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
(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 a sentencing 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) 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 
78B-7-117
.
Section 10. 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 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 the protective orders and stalking
injunctions described in Subsection (1)(a) in accordance with the provisions of this chapter;
and
(ii) provide the forms to the clerk of each court authorized to issue the protective orders
and stalking injunctions described in Subsection (1)(a).
(2) The forms described in Subsection (1)(b) shall include:
(a) for a petition for an ex parte civil protective order or a civil protective order:
(i) 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;
(ii) 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;
(iii) 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;
(iv) 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; [
and
]
(v) 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
(vi) a space for the date on which the provisions of the protective order expire; and
(b) for a petition under Part 6, Cohabitant Abuse Protective Orders:
(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;
(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.
(3) If the individual seeking to proceed as a petitioner under this chapter is not
represented by an attorney, the court clerk's office shall provide nonlegal assistance, including:
(a) the forms adopted under Subsection (1)(b);
(b) all other forms required to petition for a protective order or stalking injunction
described in Subsection (1)(a), including forms for service;
(c) clerical assistance in filling out the forms and filing the petition, or if the court
clerk's office designates another entity, agency, or person to provide that service, 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.
(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 uncertified, necessary for service or delivery to
law enforcement officials; or
(d) fees for service of:
(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.
(5) A petition for an ex parte civil protective order and a civil protective order shall be
in writing and verified.
(6) (a) The protective orders and stalking injunctions described in Subsection (1)(a)
shall be issued in the form adopted by the Administrative Office of the Courts under
Subsection (1)(b).
(b) 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) 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."
.
(d) A child protective order issued under Part 2, Child Protective Orders, shall include:
(i) the date the order expires; and
(ii) a statement that the address provided by the petitioner will not be made available to
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 11. Section 
78B-7-108
 is amended to read:
78B-7-108.
Mutual protective orders.
(1) A court may not grant a mutual order or mutual [
orders for protection
] 
civil
protective orders
 to opposing parties, unless each party:
(a) files an independent petition against the other for a 
civil
 protective order, and both
petitions are served;
(b) makes a showing at a due process 
civil
 protective order hearing of abuse or
domestic violence committed by the other party; and
(c) demonstrates the abuse or domestic violence did not occur in self-defense.
(2) If the court issues mutual 
civil
 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)
 [
A
] 
Except as provided in Subsection (3)(b), a
 court may not grant [
an order for
protection to a civil petitioner
] 
a civil protective order to a petitioner
 who is the respondent or
defendant subject to a protective order, child protective order, or ex parte child protective
order:
[
(a)
] 
(i)
 issued under:
[
(i) a foreign protection order enforceable under Chapter 7, Part 3, Uniform Interstate
Enforcement of Domestic Violence Protection Orders Act;
]
[
(ii)
] 
(A)
 Title 77, Chapter 36, Cohabitant Abuse Procedures Act;
[
(iii)
] 
(B)
 Title 78A, Chapter 6, Juvenile Court Act; [
or
]
[
(iv) Chapter 7, Part 1, Cohabitant Abuse Act; and
]
(C) Part 6, Cohabitant Abuse Protective Orders; or
(D) Part 8, Criminal Protective Orders; or
(ii) enforceable under Part 3, Uniform Interstate Enforcement of Domestic Violence
Protection Orders Act.
(b) [
unless
] 
The court may grant a civil protective order to a petitioner described in
Subsection (3)(a) if:
(i)
 the court determines that the requirements of Subsection (1) are met[
, and:
]
; and
[
(i)
] 
(ii) (A)
 the same court [
issued the order for protection
] 
that issued the protective
order, child protective order, or ex parte child protective order issues the civil protective order
against the respondent; or
[
(ii)
] 
(B)
 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
] 
protective order, child protective
order, or ex parte child protective order
.
Section 12. Section 
78B-7-203
 is amended to read:
78B-7-203.
Hearings.
(1) 
(a)
 If an ex parte child protective order is granted, the court shall schedule a hearing
to be held within [
] 
 days after the day on which the court makes the ex parte
determination.
(b)
 If an ex parte child protective order is denied, the court, upon the request of the
petitioner made within five days after the day on which the court makes the ex parte
determination, shall schedule a hearing to be held within [
] 
 days after the day on which
the petitioner makes the request.
(2) 
(a)
 The petition, ex parte child protective order, and notice of hearing shall be
served on the respondent, the child's parent or guardian, and, if appointed, the guardian ad
litem.
(b)
 The notice 
of hearing described in Subsection (2)(a)
 shall contain:
[
(a)
] 
(i)
 the name and address of the individual to whom the notice is directed;
[
(b)
] 
(ii)
 the date, time, and place of the hearing;
[
(c)
] 
(iii)
 the name of the child on whose behalf a petition is being brought; and
[
(d)
] 
(iv)
 a statement that 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 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) The court shall issue a child protective order if the court determines, based on a
preponderance of the evidence, that:
(a) for a petition for a child protective order filed under Subsection 
78B-7-202
(1)(a)(i),
the child is being abused or is in imminent danger of being abused; or
(b) for a petition for a protective order filed under Subsection 
78B-7-202
(1)(a)(ii), the
child has been abused and the child protective order is necessary to protect the child.
(6) [
With the exception of the provisions of
] 
Except as provided in
 Section 
78A-6-323
,
a child protective order is not an adjudication of abuse, neglect, or dependency under Title
78A, Chapter 6, Part 3, Abuse, Neglect, and Dependency Proceedings.
Section 13. Section 
78B-7-405
 is amended to read:
78B-7-405.
Hearings -- Expiration -- Extension.
(1) (a) The court shall set a date for a hearing on the petition 
for a dating violence
protective order
 to be held within [
] 
 days after the day on which the court issues an ex
parte dating violence protective order.
(b) If, at the hearing described in Subsection (1)(a), the court does not issue a dating
violence protective order, the ex parte dating protective order shall expire, unless [
the dating
violence protective order is
] extended by the court.
(c) (i)
 [
Extensions beyond the 20-day period may not be granted unless
] 
The court may
extend the 21-day period described in Subsection (1)(a) only if
:
[
(i)
] 
(A)
 the petitioner is unable to be present at the hearing;
[
(ii)
] 
(B)
 the respondent has not been served; or
[
(iii)
] 
(C)
 exigent circumstances exist.
[
(c)
] 
(ii)
 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 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
]
remains
 in effect for three years after the day on which the [
order is issued
] 
court issues the
order
.
(f) If the hearing [
on the petition is heard
] 
described in Subsection (1)(a) is held
 by a
commissioner, [
either
] the petitioner or respondent may file an objection within [
] 
calendar days after the day on which the [
recommended order is entered
] 
commissioner
recommends the order
, and
, if the petitioner or respondent requests a hearing be held,
 the
assigned judge shall hold a hearing on the objection within [
] 
 days after the day on which
the objection is filed.
(2) Upon a hearing under this section, the court may grant any of the relief permitted
under Section 
78B-7-404
, except the 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
] 
the
 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 court shall, upon the
petitioner's request made within five days after the day on which the court denies the petition:
(a) set 
the matter for
 a hearing to be held within [
] 
 days after the day on which the
petitioner makes the request; and
(b) notify and serve the respondent.
(4) 
(a)
 A dating violence protective order automatically expires [
as described in
] 
under
Subsection (1)(e), unless the petitioner files a motion before the day on which the dating
violence protective order expires 
requesting an extension of the dating violence protective
order
 and demonstrates that:
[
(a)
] 
(i)
 there is a substantial likelihood the petitioner will be subjected to dating
violence; or
[
(b)
] 
(ii)
 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.
(b) (i) If the court denies the motion described in Subsection (4)(a), the dating violence
protective order expires under Subsection (1)(e).
[
(5) (a)
] 
(ii)
 If the court grants the motion [
under
] 
described in
 Subsection (4)
(a)
, 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 14. Section 
78B-7-408
 is amended to read:
78B-7-408.
Duties of law enforcement officers -- Notice to victims.
(1) A law enforcement officer who responds to an allegation of dating violence shall
use all reasonable means to protect the victim and prevent further violence, including:
(a) 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;
(b) confiscating the weapon or weapons involved in the alleged dating 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) arranging, facilitating, or providing for the victim and any child to obtain medical
treatment; and
(f) 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 dating 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.
(b) The written notice shall also include:
(i) a statement that the forms needed in order to obtain [
an order for protection
] 
a
protective order
 are available from the court clerk's office in the judicial district where the
victim resides or is temporarily domiciled; and
(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.
(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 dating protective
order is not issued or once the dating protective order is terminated.
Section 15. Section 
78B-7-505
 is amended to read:
78B-7-505.
Hearings -- Expiration -- Extension.
(1) (a) The court shall set a date for a hearing on the petition for a sexual violence
protective order to be held within [
] 
 days after the day on which the court issues an ex
parte protective order.
(b) If, at the hearing described in Subsection (1)(a), the court does not issue a sexual
violence protective order, the ex parte sexual protective order expires, unless extended by the
[
district
] court.
(c) The court may extend the [
20-day
] 
21-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 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 three years after the day on
which the 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 [
] 
 calendar days after the day on
which the commissioner [
enters the recommended
] 
recommends the
 order, and
, if the petitioner
or respondent requests a hearing be held,
 the assigned judge shall hold a hearing on the
objection within [
] 
 days after the day on which the objection is filed.
(2) If the 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 court shall, upon the
petitioner's request made within five days after the day on which the court denies the petition:
(a) set the matter for hearing to be held within [
] 
 days after the day on which the
petitioner makes the request; and
(b) notify and serve the respondent.
(3) (a) A sexual violence protective order automatically expires under Subsection
(1)(e) unless 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.
(b) (i) If the court denies the motion described in Subsection (3)(a), the sexual violence
protective order expires under Subsection (1)(e).
(ii) If the court grants the motion described in Subsection (3)(a), the 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 three years after the day on which the court issues the order for
extension.
(c) After the day on which the court issues an extension of a sexual violence protective
order, the 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 16. Section 
78B-7-603
 is amended to read:
78B-7-603.
Cohabitant abuse protective orders -- Ex parte cohabitant abuse
protective orders -- Modification and dismissal 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 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 a protective order is
required, a court may:
(a) without notice, immediately issue an ex parte cohabitant abuse protective order or
modify a protective order ex parte as the court considers necessary to protect the petitioner and
all parties named to be protected in the petition; or
(b) upon notice, issue 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 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 a cohabitant abuse 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 
78B-7-117
.
(5) Following the cohabitant abuse 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 cohabitant abuse 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 cohabitant abuse 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) 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
] 
offenses
, as follows:
(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
(b) civil offenses are those under Subsections (2)(h)[
, (j), (k), and
] 
through
 (l), [
and
]
Subsection (3)(a) as it refers to Subsections (2)(h)[
, (j), (k), and (l)
] 
through (l), and Subsection
(3)(b)
.
(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.
(8) (a) The county sheriff that receives the order from the court, under Subsection [
(6)
]
(5)
, shall provide expedited service for protective orders issued in accordance with this 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.
(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.
(10) A court may modify or vacate a protective order or any provisions in the
protective order after notice and hearing, except that the criminal provisions of a cohabitant
abuse 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 the 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 cohabitant abuse protective order; or
(b) submits a verified affidavit, stating agreement to the vacation of the criminal
provisions of the cohabitant abuse protective order.
(11) A protective order may be modified without a showing of substantial and material
change in circumstances.
(12) A civil provision of a [
cohabitant abuse
] protective order described in Subsection
(6) may be 
dismissed or
 modified 
at any time
 in a divorce
, parentage, custody, or guardianship
proceeding that is pending between the parties to the [
cohabitant abuse
] protective order action
[
after 150 days after the day on which the cohabitant abuse protective order is issued
] if:
(a) the parties stipulate in writing or on the record to dismiss 
or modify
 a civil
provision of the [
cohabitant abuse
] protective order; or
(b) the court in the divorce
, parentage, custody, or guardianship
 proceeding finds good
cause to 
dismiss or
 modify the civil provision.
Section 17. Section 
78B-7-604
 is amended to read:
78B-7-604.
Hearings.
(1) (a) [
When a court issues an ex parte cohabitant abuse protective order the
] 
The
court shall set a date for a hearing on the petition 
for a cohabitant abuse protective order
 to be
held within [
] 
 days after the day on which the 
court issues an
 ex parte cohabitant abuse
protective order [
is issued
].
(b) If
,
 at [
that
] 
the
 hearing 
described in Subsection (1)(a),
 the court does not issue a
protective order, the ex parte cohabitant abuse protective order [
shall expire, unless the
cohabitant abuse protective order is otherwise extended by the court. Extensions beyond the
20-day period may not be granted unless:
] 
expires, unless extended by the court.
(c) (i) The court may extend the 21-day period described in Subsection (1)(a) only if:
[
(i)
] 
(A)
 the petitioner is unable to be present at the hearing;
[
(ii)
] 
(B)
 the respondent has not been served;
[
(iii)
] 
(C)
 the respondent has had the opportunity to present a defense at the hearing;
[
(iv)
] 
(D)
 the respondent requests that the ex parte cohabitant abuse protective order be
extended; or
[
(v)
] 
(E)
 exigent circumstances exist.
[
(c)
] 
(ii)
 Under no circumstances may an ex parte cohabitant abuse protective order be
extended beyond 180 days from the day on which the court issues the initial ex parte cohabitant
abuse protective order.
(d) If
,
 at that hearing 
described in Subsection (1)(a),
 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
] 
described in Subsection (1)(a) is held
 by a
commissioner, [
either
] the petitioner or respondent may file an objection within [
] 
 days
after the day on which the [
recommended
] 
commissioner recommends the
 order
,
 and
, if the
petitioner or respondent requests a hearing be held,
 the assigned judge shall hold a hearing
within [
] 
 days 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-7-603
.
(3) [
When a court denies a petition
] 
If the court denies a petition
 for an ex parte
cohabitant abuse protective order or a petition to modify a protective order ex parte
, the court
shall
, upon the request of the petitioner made within five days after the day on which the court
denies the petition[
, the court shall
]:
(a) set the matter for hearing to be held within [
] 
 days after the day on which the
petitioner makes the request; and
(b) notify [
the petitioner
] and serve the respondent.
(4) 
(a)
 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 [
under
] 
described in
Subsection (1)(a) by filing a verified motion to vacate before the day on which the hearing is
set.
(b)
 The respondent's verified motion to vacate 
described in Subsection (4)(a)
 and a
notice of hearing on [
that
] 
the
 motion shall be personally served on the petitioner at least two
days before the day on which the hearing on the motion to vacate is set.
Section 18. Section 
78B-7-605
 is amended to read:
78B-7-605.
Dismissal.
(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.
(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.
(3) [
Except as provided in Subsection (4), if
] 
If
 a divorce proceeding is pending
between parties to a protective order action, the 
court shall dismiss 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.
(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
.
Section 19. Section 
78B-7-606
 is amended to read:
78B-7-606.
Expiration -- Extension.
(1) 
(a)
 [
Subject
] 
Except as provided in Subsection (1)(b) and subject
 to the other
provisions of this section, a cohabitant abuse protective order automatically expires three years
after the day on which the cohabitant abuse protective order is entered.
(b) (i) The civil provisions of a cohabitant abuse protective order described in Section
78B-7-603
 expires 150 days after the day on which the cohabitant abuse protective order is
entered, unless the court finds good cause for extending the expiration date of the civil
provisions.
(ii) Unless a motion under this section is granted, a court may not extend the civil
provisions of a cohabitant abuse protective order for more than three years after the day on
which the cohabitant abuse protective order is entered.
(2) A cohabitant abuse protective order automatically expires [
as described in
] 
under
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; 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 20. Section 
78B-7-801
 is amended to read:
78B-7-801.
Definitions.
As used in this part:
(1) 
(a)
 "Jail release agreement" means a written agreement that is entered into by an
[
arrested
] individual 
who is arrested or issued a citation
, regardless of whether the individual is
booked into jail:
[
(a)
] 
(i)
 under which the arrested 
or cited
 individual agrees to not engage in any of the
following:
[
(i) have personal contact with the alleged victim;
]
[
(ii) threaten or harass
]
(A) telephoning, contacting, or otherwise communicating with the alleged victim,
directly or indirectly;
(B) threatening or harassing
 the alleged victim; or
[
(iii)
] 
(C)
 knowingly [
enter on
] 
entering onto
 the premises of the alleged victim's
residence or on premises temporarily occupied by the alleged victim; and
[
(b)
] 
(ii)
 that specifies other conditions of release from jail or arrest.
(b) "Jail release agreement" includes a written agreement that includes the conditions
described in Section (1)(a) entered into by a minor who is taken into custody or placed in
detention or a shelter facility under Section 
78A-6-112
.
(2) "Jail release court order" means a written court order that:
(a) orders an arrested 
or cited
 individual not to engage in any of the following:
[
(i) have personal contact with the alleged victim;
]
(i) telephoning, contacting, or otherwise communicating with the alleged victim,
directly or indirectly;
(ii) [
threaten or harass
] 
threatening or harassing
 the alleged victim; or
(iii) knowingly [
enter on
] 
entering onto
 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
]
the same as that term is defined in Section 
78A-6-105
.
(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
,
or 
76-9-702.1
.
(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 
Section
76-9-702.1
 or
 Title 76, Chapter 5, Part 4, Sexual Offenses.
Section 21. Section 
78B-7-802
 is amended to read:
78B-7-802.
Conditions for release after arrest for domestic violence and other
offenses -- Jail release agreements -- Jail release court orders.
(1) Upon arrest 
or issuance of a citation
 for a qualifying offense and before the
individual is released on bail, recognizance, or otherwise, the individual may not [
personally
contact the alleged victim
] 
telephone, contact, or otherwise communicate with the alleged
victim, directly or indirectly
.
(2) (a) After an individual is arrested 
or issued a citation
 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
] 
If an arrested individual is booked into jail, the
 arresting officer shall ensure
that the information presented to the magistrate includes whether the alleged victim has made a
waiver described in Subsection (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 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.
(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 (2), or by the court under Subsection (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 (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 (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 (3)(c) is
considered a motion to dismiss a jail release court order and a notice of expiration of a jail
release agreement.
(4) Except as provided in [
Subsection (3)
] 
Subsections (3) and (11)
 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 
or cited
 individual's initial scheduled court appearance described in
Subsection (3)(a);
(b) the day on which the prosecutor transmits the notice of the declination under
Subsection (3)(c); or
(c) 30 days after the day on which the [
arrested
] individual is arrested 
or issued a
citation
.
(5) (a) (i) After an individual is arrested or issued a citation for a qualifying offense, an
alleged victim who is not a minor may waive in writing any condition of a jail release
agreement by:
(A) appearing in person to the law enforcement agency that arrested the individual or
issued the citation to the individual for the qualifying offense;
(B) appearing in person to the jail or correctional facility that released the arrested
individual from custody; or
(C) appearing in person to the clerk at the court of the jurisdiction where the charges
are filed.
[
(5) (a) (i) After an arrest for a qualifying offense , an
] 
(ii) An
 alleged victim who is not
a minor may waive in writing the release conditions prohibiting:
[
(A) personal contact with the alleged victim; or
]
(A) telephoning, contacting, or otherwise communicating with the alleged victim,
directly or indirectly; or
(B) knowingly entering on the premises of the alleged victim's residence or on
premises temporarily occupied by the alleged victim.
(iii) Except as provided in Subsection (5)(a)(iv), a parent or guardian may waive any
condition of a jail release agreement on behalf of an alleged victim who is a minor in the
manner described in Subsections (5)(a)(i) and (ii).
(iv) A parent or guardian may not, without the approval of the court, waive the release
conditions described in Subsection (5)(a)(ii) on behalf of an alleged victim who is a minor, if
the alleged victim who is a minor:
(A) allegedly suffers bodily injury as a result of the qualifying offense;
(B) summons or attempts to summon emergency aid for the qualifying offense; or
(C) after the time at which the qualifying offense is allegedly committed and before the
time at which the arrested or cited individual signs the jail release agreement, discloses to a law
enforcement officer that the arrested or cited individual threatened the alleged victim who is a
minor with bodily injury.
[
(ii)
] 
(v)
 Upon waiver, the release conditions described in Subsection (5)(a)[
(i)
]
(ii)
 do
not apply to the arrested 
or cited
 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.
(6) (a) When an [
arrested
] individual is 
arrested or issued a citation and subsequently
released in accordance with Subsection (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 
who is arrested or issued a citation
, give
the arrested 
or cited
 individual a copy of the jail release agreement or the jail release court
order.
(b) (i) When an individual arrested 
or issued a citation
 for domestic violence is
released 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 
or issued a citation
 for domestic violence is released
under this section based upon a jail release court order or if a jail release agreement is modified
under Subsection (5)(b), the court shall transmit that order to the statewide domestic violence
network described in Section 
78B-7-113
.
(c) This Subsection (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.
(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.
(8) At the time an arrest is made 
or a citation is issued
 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.
(9) At the time an arrest is made 
or a citation is issued
 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
, including telephoning, contacting, or otherwise communicating with the alleged
victim, directly or indirectly
;
(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.
(10) (a) A pretrial or sentencing protective order 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.
(11) 
(a)
 This section does not apply if the individual arrested for the qualifying offense
is a minor 
who is under 18 years old
, unless the qualifying offense is domestic violence.
(b) A jail release agreement signed by, or a jail release court order issued against, a
minor expires on the earlier of:
(i) the day of the minor's initial court appearance described in Subsection (3)(a);
(ii) the day on which the prosecutor transmits the notice of declination under
Subsection (3)(c);
(iii) 30 days after the day on which the minor is arrested or issued a citation; or
(iv) the day on which the juvenile court terminates jurisdiction.
Section 22. Section 
78B-7-803
 is amended to read:
78B-7-803.
Pretrial protective orders.
(1) (a) When [
a defendant
] 
an alleged perpetrator
 is charged with a crime involving a
qualifying offense, the court shall, at the time of the [
defendant's
] 
alleged perpetrator'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
] 
Except as provided in Subsection (4), in
 any criminal case, the court may,
during any court hearing where the [
defendant
] 
alleged perpetrator
 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
] 
alleged perpetrator
 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
] 
alleged perpetrator
 from harassing,
telephoning, contacting, or otherwise communicating with the victim, directly or indirectly;
(c) an order removing and excluding the [
defendant
] 
alleged perpetrator
 from the
victim's residence and the premises of the residence;
(d) an order requiring the [
defendant
] 
alleged perpetrator
 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
] 
alleged perpetrator
 and the victim if and to the extent
necessary for family related matters;
(g) an order requiring the [
defendant
] 
alleged perpetrator
 to participate in an electronic
or other type of monitoring program; and
(h) if the alleged victim and the [
defendant
] 
alleged perpetrator
 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
] 
If the court issues 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.
(4) A pretrial protective order issued under this section against an alleged perpetrator
who is a minor expires on the earlier of:
(a) the day on which the court issues an order against the alleged perpetrator under
Section 
78B-7-804
 or 805 or otherwise makes a disposition of the alleged perpetrator's case
under Section 
78A-6-117
; or
(b) the day on which the juvenile court terminates jurisdiction.
Section 23. Section 
78B-7-804
 is amended to read:
78B-7-804.
Sentencing and continuous protective orders for a domestic violence
offense -- Modification -- Expiration.
(1) Before a perpetrator who has been convicted of 
or adjudicated for
 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 
or
adjudicated for
 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
] 
Except as provided in Subsection (6), 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
] 
Except as provided in Subsection (6), 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.
(6) (a) Unless the juvenile court transfers jurisdiction of the offense to the district court
under Section 
78A-6-703.5
, a continuous protective order may not be issued under this section
against a perpetrator who is a minor.
(b) Unless the court sets an earlier date for expiration, a sentencing protective order
issued under this section against a perpetrator who is a minor expires on the earlier of:
(i) the day on which the juvenile court terminates jurisdiction; or
(ii) in accordance with Section 
62A-7-506
, the day on which the Division of Juvenile
Justice Services discharges the perpetrator.
Section 24. Section 
78B-7-805
 is amended to read:
78B-7-805.
Sentencing protective orders and continuous protective orders for an
offense that is not domestic violence -- Modification -- Expiration.
(1) Before a perpetrator has been convicted of 
or adjudicated for
 an offense that is not
domestic violence is placed on probation, the court may 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) 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
] 
Except as provided in Subsection (6), 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
] 
Except as provided in Subsection (6), 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).
(6) (a) Unless the juvenile court transfers jurisdiction of the offense to the district court
under Section 
78A-6-703.5
, a continuous protective order may not be issued under this section
against a perpetrator who is a minor.
(b) Unless the court sets an earlier date for expiration, a sentencing protective order
issued under this section against a perpetrator who is a minor expires on the earlier of:
(i) the day on which the juvenile court terminates jurisdiction; or
(ii) in accordance with Section 
62A-7-506
, the day on which the Division of Juvenile
Justice Services discharges the perpetrator.
Section 25. 
 Coordinating H.B. 255 with H.B. 285 -- Technical amendments.
If this H.B. 255 and H.B. 285, Juvenile Recodification, both pass and become law, the
Legislature intends that, on September 1, 2021, the Office of Legislative Research and General
Counsel shall prepare the Utah Code database for publication by:
(1) amending Subsection 
78B-7-801
(3) to read:
"
(3) "Minor" means [
an unemancipated individual who is younger than 18 years of
age
] 
the same as that term is defined in Section 
80-1-102
.";
(2) amending Subsection 
78B-7-804
(6)(a) to read:
"(6) (a) Unless the juvenile court transfers jurisdiction of the offense to the district court
under Section 
80-6-504
, a continuous protective order may not be issued under this section
against a perpetrator who is a minor."; and
(3) amending Subsection 
78B-7-805
(6)(a) to read:
"(6) (a) Unless the juvenile court transfers jurisdiction of the offense to the district court
under Section 
80-6-504
, a continuous protective order may not be issued under this section
against a perpetrator who is a minor.".