Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 85 Fifth Substitute (2022GS)

Sponsor

Sen. Weiler, T.

Final action

Governor Signed 3/23/2022

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• defines terms relating to the expungement of protective orders and stalking injunctions;
• makes statutory provisions for the expungement of protective orders and stalking injunctions retroactive;
• allows for the expungement of certain protective orders and stalking injunctions;
• provides the requirements for expunging certain protective orders and stalking injunctions;
• addresses the distribution and effect of an order for expungement of certain protective orders and stalking injunctions; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

PROTECTIVE ORDER AND STALKING INJUNCTION
EXPUNGEMENT
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Todd D. Weiler
House Sponsor: 
Stephanie Pitcher
LONG TITLE
General Description:
This bill addresses the expungement of protective orders and stalking injunctions.
Highlighted Provisions:
This bill:
▸ defines terms relating to the expungement of protective orders and stalking
injunctions;
▸ makes statutory provisions for the expungement of protective orders and stalking
injunctions retroactive;
▸ allows for the expungement of certain protective orders and stalking injunctions;
▸ provides the requirements for expunging certain protective orders and stalking
injunctions;
▸ addresses the distribution and effect of an order for expungement of certain
protective orders and stalking injunctions; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a special effective date.
Utah Code Sections Affected:
ENACTS:
78B-7-1001
, Utah Code Annotated 1953
78B-7-1002
, Utah Code Annotated 1953
78B-7-1003
, Utah Code Annotated 1953
78B-7-1004
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
78B-7-1001
 is enacted to read:
Part 10. Expungement of Protective Orders and Stalking Injunctions
 78B-7-1001.
Definitions.
As used in this part:
(1) (a) Except as provided in Subsection (1)(b), "agency" means a state, county, or
local government entity that generates or maintains records relating to a civil order for which
expungement may be ordered.
(b) "Agency" does not include the Division of Child and Family Services created in 
Section 
62A-4a-103
.
(2) "Civil order" means:
(a) an ex parte civil protective order;
(b) an ex parte civil stalking injunction;
(c) a civil protective order; or
(d) a civil stalking injunction.
(3) "Expunge" means to seal or otherwise restrict access to an individual's record held
by an agency when the record includes a civil order.
(4) "Petitioner" means an individual petitioning for expungement of a civil order under
this part.
Section 2. Section 
78B-7-1002
 is enacted to read:
 78B-7-1002.
Retroactive application.
The provisions of this part apply retroactively to all civil orders issued before, on, or
after May 4, 2022.
Section 3. Section 
78B-7-1003
 is enacted to read:
 78B-7-1003.
Requirements for expungement of protective order or stalking
injunction.
(1) (a) An individual against whom a civil order is sought may petition the court to
expunge records of the civil order.
(b) A petition under Subsection (1) shall be filed in accordance with the Utah Rules of
Civil Procedure.
(2) (a) The petitioner shall provide notice to the individual whom filed the civil order
against the petitioner in accordance with Rule 4 of the Utah Rules of Civil Procedure.
(b) The individual who filed the civil order against the petitioner:
(i) may file a written objection with the court within 30 days after the day on which the
petition is received by the individual; and
(ii) if the individual files a written objection, provide a copy of the written objection to
the petitioner.
(c) If the court receives a written objection to the petition for expungement of a civil
order, the court shall:
(i) set a date for a hearing on the petition;
(ii) provide notice at least 30 days before the day on which the hearing is held to:
(A) all parties of the civil order; and
(B) any other person or agency that the court has reason to believe may have relevant
information related to the expungement of the civil order.
(d) The petitioner may respond, in writing, to any written objection within 14 days after
the day on which the written objection is received by the court.
(3) If no written objection is received within 60 days from the day on which the
petition for expungement is filed under Subsection (1), the court may grant the expungement in
accordance with Subsection (4) without a hearing.
(4) A court may expunge an ex parte civil protective order or an ex parte civil stalking
injunction if:
(a) the ex parte civil protective order or the ex parte civil stalking injunction was issued
but:
(i) the ex parte civil protective order or the ex parte civil stalking injunction is
dismissed, dissolved, or expired upon a hearing by the court;
(ii) the court did not issue a civil protective order or a civil stalking injunction on the
same circumstances for which the ex parte civil protective order or the ex parte civil stalking
injunction was issued;
(iii) at least 30 days have passed from the day on which the ex parte civil protective
order or the ex parte civil stalking injunction was issued;
(iv) the petitioner has not been arrested, charged, or convicted for violating the ex parte
civil protective order or ex parte civil stalking injunction; and
(v) there are no criminal proceedings pending against the petitioner in the state; or
(b) (i) the individual who filed the ex parte civil protective order or the ex parte civil
stalking injunction failed to appear for the hearing on the ex parte civil protective order or ex
parte civil stalking injunction;
(ii) at least 30 days have passed from the day on which the hearing on the ex parte civil
protective order or the ex parte civil stalking injunction was set to occur, including any
continuance, postponement, or rescheduling of the hearing;
(iii) the petitioner has not been arrested, charged, or convicted for violating the ex parte
civil protective order or ex parte civil stalking injunction; and
(iv) there are no criminal proceedings pending against the petitioner in the state.
(5) A court may expunge a civil protective order or a civil stalking injunction if:
(a) the civil protective order or the civil stalking injunction has been dismissed,
dissolved, vacated, or expired;
(b) three years have passed from the day on which the civil protective order or the civil
stalking injunction is dismissed, dissolved, vacated, or expired;
(c) the petitioner has not been arrested, charged, or convicted for violating the civil
protective order or the civil stalking injunction; and
(d) there are no criminal proceedings pending against the petitioner in the state.
Section 4. Section 
78B-7-1004
 is enacted to read:
 78B-7-1004.
Distribution and effect of order of expungement -- Penalty.
(1) An individual who receives an order of expungement under Section 
78B-7-1003
shall be responsible for delivering a copy of the order of expungement to any affected agency.
(2) Upon receipt of an order of expungement as described in Subsection (1), an agency
shall expunge all records described in the expungement order that are under the control of the
agency.
(3) Upon entry of an expungement order by a court under Section 
78B-7-1003
:
(a) the civil order is considered to never have occurred; and
(b) the petitioner may reply to an inquiry on the matter as though there was never a
civil order.
(4) (a) Unless ordered by a court to do so, an agency or official may not divulge
information or records that have been expunged under this part.
(b) An expungement order may not restrict an agency's use or dissemination of records
in the agency's ordinary course of business until the agency has received a copy of the
expungement order.
(c) Any action taken by an agency after issuance of the expungement order but before
the agency's receipt of a copy of the expungement order may not be invalidated by the order.
(5) An expungement order under this part may not:
(a) terminate or invalidate any pending administrative proceedings or actions of which
the individual had notice according to the records of the administrative body before issuance of
the expungement order;
(b) affect the enforcement of any order or findings issued by an administrative body
pursuant to the administrative body's lawful authority prior to issuance of the expungement
order; or
(c) prevent an agency from maintaining, sharing, or distributing any record required by
law.
(6) An employee or agent of an agency that is prohibited from disseminating
information from an expunged record under this section who knowingly or intentionally
discloses identifying information from the expunged record, unless allowed by law, is guilty of
a class A misdemeanor.
(7) Records expunged under this part may be released to, or viewed by, the following
individuals:
(a) the petitioner; or
(b) parties to a civil action arising out of the expunged civil order, providing the
information is kept confidential and utilized only in the action.
(8) This part does not preclude a court from considering the same circumstances or
evidence for which an expunged civil order was issued in any proceeding that occurs after the
civil order is expunged.
Section 5. 
Effective date.
This bill takes effect on July 1, 2022.