Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 64 (2021GS)

Sponsor

Sen. Iwamoto, J.

Final action

Governor Signed 3/16/2021

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• defines terms;
• modifies the circumstances under which the penalty for certain domestic violence offenses may be enhanced;
• provides that an adjudication in juvenile court is not a conviction for purposes of a penalty enhancement for a domestic violence offense; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

DOMESTIC VIOLENCE AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Jani Iwamoto
House Sponsor: 
Paul Ray
Cosponsor:
Daniel W. Thatcher
LONG TITLE
General Description:
This bill addresses penalty enhancements for a domestic violence offense.
Highlighted Provisions:
This bill:
▸ defines terms;
▸ modifies the circumstances under which the penalty for certain domestic violence
offenses may be enhanced;
▸ provides that an adjudication in juvenile court is not a conviction for purposes of a
penalty enhancement for a domestic violence offense; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
53-10-403
, as last amended by Laws of Utah 2020, Chapters 142, 214, and 415
77-36-1.1
, as last amended by Laws of Utah 2019, Chapter 367
77-36-1.2
, as last amended by Laws of Utah 2020, Chapter 70
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
53-10-403
 is amended to read:
53-10-403.
DNA specimen analysis -- Application to offenders, including minors.
(1) Sections 
53-10-403.6,
 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)
]
(4)
; or
(xxvii) violation of condition for release after arrest under Section 
78B-7-802
 .
(3) A minor under Subsection (1) is a minor 14 years old or older who is adjudicated
by the juvenile court due to the commission of any offense described in Subsection (2), and
who:
(a) committed an offense under Subsection (2) within the jurisdiction of the juvenile
court on or after July 1, 2002; or
(b) is in the legal custody of the Division of Juvenile Justice Services on or after July 1,
2002 for an offense under Subsection (2).
Section 2. Section 
77-36-1.1
 is amended to read:
77-36-1.1.
Enhancement of offense and penalty for subsequent domestic violence
offenses.
(1) As used in this section:
(a) (i) "Convicted" means a conviction by plea or verdict of a crime or offense.
(ii) "Convicted" includes:
(A) a plea of guilty or guilty and mentally ill;
(B) a plea of no contest; and
(C) the acceptance by the court of a plea in abeyance under Title 77, Chapter 2a, Pleas
in Abeyance, regardless of whether the charge is subsequently reduced or dismissed in
accordance with the plea in abeyance agreement.
(iii) "Convicted" does not include an adjudication in juvenile court.
[
(a)
] 
(b)
 "Criminal mischief offense" means commission or attempt to commit an
offense under Section 
76-6-106
 by one cohabitant against another.
(c) "Offense against the person" means commission or attempt to commit an offense
under Title 76, Chapter 5, Part 1, Assault and Related Offenses, Part 2, Criminal Homicide,
Part 3, Kidnapping, Trafficking, and Smuggling, Part 4, Sexual Offenses, or Part 7, Genital
Mutilation, by one cohabitant against another.
[
(b)
] 
(d)
 "Qualifying domestic violence offense" means:
(i) a domestic violence offense in Utah; or
(ii) 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) An individual who is convicted of a domestic violence offense is[
: (a)
] guilty of a
class B misdemeanor if:
[
(i)
] 
(a)
 the domestic violence offense described in this Subsection (2) is designated by
law as a class C misdemeanor; and
[
(ii) (A)
] 
(b) the individual commits or is convicted of
 the domestic violence offense
described in this Subsection (2) [
is committed
]
:
(i)
 within 10 years after the 
day on which the
 individual is convicted of a qualifying
domestic violence offense that is not a criminal mischief offense; or
[
(B) the individual is convicted of the domestic violence offense described in this
Subsection (2) within 10 years after the individual is convicted of a qualifying domestic
violence offense that is not a criminal mischief offense;
]
(ii) within five years after the day on which the individual is convicted of a criminal
mischief offense.
[
(b)
] 
(3) An individual who is convicted of a domestic violence offense is
 guilty of a
class A misdemeanor if:
[
(i)
] 
(a)
 the domestic violence offense described in this Subsection [
(2)
] 
(3)
 is
designated by law as a class B misdemeanor; and
[
(ii) (A)
] 
(b) the individual commits or is convicted of
 the domestic violence offense
described in this Subsection [
(2) is committed
] 
(3):
(i)
 within 10 years after the 
day on which the
 individual is convicted of a qualifying
domestic violence offense that is not a criminal mischief offense; or
[
(B) the individual is convicted of the domestic violence offense described in this
Subsection (2) within 10 years after the individual is convicted of a qualifying domestic
violence offense that is not a criminal mischief offense; or
]
(ii) within five years after the day on which the individual is convicted of a criminal
mischief offense.
[
(c)
] 
(4) An individual who is convicted of a domestic violence offense is
 guilty of a
[
felony of the
] third degree 
felony
 if:
(a) the domestic violence offense described in this Subsection (4) is designated by law
as a class B misdemeanor offense against the person and the individual:
(i) (A) commits or is convicted of the domestic violence offense described in this
Subsection (4) within 10 years after the day on which the individual is convicted of a
qualifying domestic violence offense that is not a criminal mischief offense; and
(B) is convicted of another qualifying domestic violence offense that is not a criminal
mischief offense after the day on which the individual is convicted of the qualifying domestic
violence offense described in Subsection (4)(a)(i)(A) and before the day on which the
individual is convicted of the domestic violence offense described in this Subsection (4);
(ii) (A) commits or is convicted of the domestic violence offense described in this
Subsection (4) within five years after the day on which the individual is convicted of a criminal
mischief offense; and
(B) is convicted of another criminal mischief offense after the day on which the
individual is convicted of the criminal mischief offense described in Subsection (4)(a)(ii)(A)
and before the day on which the individual is convicted of the domestic violence offense
described in this Subsection (4); or
(iii) commits or is convicted of the domestic violence offense described in this
Subsection (4) within 10 years after the day on which the individual is convicted of a
qualifying domestic violence offense that is not a criminal mischief offense and within five
years after the day on which the individual is convicted of a criminal mischief offense; and
[
(i)
] 
(b) (i)
 the domestic violence offense described in this Subsection [
(2)
] 
(4)
 is
designated by law as a class A misdemeanor; and
(ii) [
(A)
] the 
individual commits or is convicted of the
 domestic violence offense
described in this Subsection [
(2) is committed
] 
(4):
(A)
 within 10 years after the 
day on which the
 individual is convicted of a qualifying
domestic violence offense that is not a criminal mischief offense; or
[
(B) the individual is convicted of the domestic violence offense described in this
Subsection (2) within 10 years after the individual is convicted of a qualifying domestic
violence offense that is not a criminal mischief offense.
]
(B) within five years after the day on which the individual is convicted of a criminal
mischief offense.
[
(3) An individual who is convicted of a domestic violence offense is:
]
[
(a) guilty of a class B misdemeanor if:
]
[
(i) the domestic violence offense described in this Subsection (3) is designated by law
as a class C misdemeanor; and
]
[
(ii) (A) the domestic violence offense described in this Subsection (3) is committed
within five years after the individual is convicted of a criminal mischief offense; or
]
[
(B) the individual is convicted of the domestic violence offense described in
]
[
this Subsection (3) within five years after the individual is convicted of a criminal
mischief offense;
]
[
(b) guilty of a class A misdemeanor if:
]
[
(i) the domestic violence offense described in this Subsection (3) is designated by law
as a class B misdemeanor; and
]
[
(ii) (A) the domestic violence offense described in this Subsection (3) is committed
within five years after the individual is convicted of a criminal mischief offense; or
]
[
(B) the individual is convicted of the domestic violence offense described in
]
[
this Subsection (3) within five years after the individual is convicted of a criminal
mischief offense; or
]
[
(c) guilty of a third degree felony if:
]
[
(i) the domestic violence offense described in this Subsection (3) is designated by law
as a class A misdemeanor; and
]
[
(ii) (A) the domestic violence offense described in this Subsection (3) is committed
within five years after the individual is convicted of a criminal mischief offense; or
]
[
(B) the individual is convicted of the domestic violence offense described in this
Subsection (3) within five years after the individual is convicted of a criminal mischief
offense.
]
Section 3. 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) 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) (a)
] 
(1)
 Before agreeing to a plea of guilty or no contest, the prosecutor shall
examine the criminal history of the defendant.
[
(b)
] 
(2)
 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)
] 
(a)
 in open court;
[
(ii)
] 
(b)
 in writing; or
[
(iii)
] 
(c)
 by another means of communication that the court finds adequate to record
the prosecutor's agreement.