Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 43 Second Substitute (2023GS)

Sponsor

Rep. Pierucci, C.

Final action

Governor Signed 3/14/2023

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• defines terms;
• creates the Domestic Violence Data Task Force (task force) and describes the duties of the task force;
• includes a sunset date for the task force;
• requires the Department of Public Safety to staff the task force;
• removes provisions requiring the Department of Public Safety and the State Commission on Criminal and Juvenile Justice to collect certain domestic violence data; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

DOMESTIC VIOLENCE MODIFICATIONS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Candice B. Pierucci
Senate Sponsor: 
Luz Escamilla
LONG TITLE
General Description:
This bill addresses domestic violence.
Highlighted Provisions:
This bill:
▸ defines terms;
▸ creates the Domestic Violence Data Task Force (task force) and describes the duties
of the task force;
▸ includes a sunset date for the task force;
▸ requires the Department of Public Safety to staff the task force;
▸ removes provisions requiring the Department of Public Safety and the State
Commission on Criminal and Juvenile Justice to collect certain domestic violence
data; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
63I-1-263
, as last amended by Laws of Utah 2022, Chapters 23, 34, 68, 153, 218, 236,
249, 274, 296, 313, 361, 362, 417, 419, 472 and last amended by Coordination
Clause, Laws of Utah 2022, Chapter 153
78B-7-120
, as enacted by Laws of Utah 2021, Chapter 180
ENACTS:
63C-29-101
, Utah Code Annotated 1953
63C-29-201
, Utah Code Annotated 1953
63C-29-202
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
63C-29-101
 is enacted to read:
CHAPTER 29. DOMESTIC VIOLENCE DATA TASK FORCE
Part 1. General Provisions
 63C-29-101.
Definitions.
As used in this part:
(1) "Cohabitant abuse protective order" means an order issued with or without notice to
the respondent under Title 78B, Chapter 7, Part 6, Cohabitant Abuse Protective Orders.
(2) "Criminal justice system victim advocate" means the same as that term is defined in
Section 
77-38-403
.
(3) "Lethality assessment" means an evidence-based assessment that is intended to
identify a victim of domestic violence who is at a high risk of being killed by the perpetrator.
(4) "Nongovernment organization victim advocate" means the same as that term is
defined in Section 
77-38-403
.
(5) "Task force" means the Domestic Violence Data Task Force created in Section
63C-29-201
.
(6) "Victim" means an individual who is a victim of domestic violence, as defined in
Section 
77-36-1
.
Section 2. Section 
63C-29-201
 is enacted to read:
Part 2. Domestic Violence Data Task Force
 63C-29-201.
Domestic Violence Data Task Force -- Creation -- Members --
Compensation -- Quorum -- Staff.
(1) There is created the Domestic Violence Data Task Force to coordinate and make
recommendations to the Legislature regarding the collection of domestic violence data in the
state.
(2) The task force consists of the following members:
(a) the commissioner of public safety, or the commissioner's designee;
(b) the executive director of the Department of Corrections, or the executive director's
designee;
(c) the chair of the Board of Pardons and Parole, or the chair's designee;
(d) the president of the Utah Chiefs of Police Association, or the president's designee;
(e) the president of the Utah Sheriffs' Association, or the president's designee;
(f) the executive director of the State Commission on Criminal and Juvenile Justice, or
the director's designee;
(g) the director of the Division of Child and Family Services, or the director's designee;
(h) the director of the Utah Division of Indian Affairs, or the director's designee;
(i) the chief administrative officer of the Office of Homeless Services, or the officer's
designee;
(j) one individual who provides violence and injury prevention services within the
Department of Health and Human Services, appointed by the executive director of the
Department of Health and Human Services;
(k) one individual who represents the Administrative Office of the Courts appointed by
the state court administrator;
(l) one individual appointed jointly by the Utah League of Cities and Towns and the
Utah Association of Counties;
(m) one individual who represents the Statewide Association of Prosecutors appointed
by the association;
(n) one individual who represents the Utah Association of Criminal Defense Lawyers
appointed by the association; and
(o) the following individuals appointed by the commissioner of public safety, or the
commissioner's designee:
(i) one individual who represents a state domestic violence coalition, as defined in 45
C.F.R. Sec. 1370.2;
(ii) one criminal justice system advocate; and
(iii) one nongovernment organization victim advocate.
(3) The task force shall annually select one of the task force members to be the chair of
the task force.
(4) If a vacancy occurs in the membership of the task force appointed under Subsection
(2), the member shall be replaced in the same manner in which the original appointment was
made.
(5) A task force member:
(a) may not receive compensation or benefits for the member's service on the task
force; and
(b) may receive per diem and reimbursement for travel expenses that the task force
member incurs as a task force member at the rates that the Division of Finance establishes
under:
(i) Sections 
63A-3-106
 and 
63A-3-107
; and
(ii) rules that the Division of Finance makes under Sections 
63A-3-106
 and 
63A-3-107
.
(6) (a) A majority of the task force members constitutes a quorum.
(b) The action of a majority of a quorum constitutes an action of the task force.
(7) The Department of Public Safety shall provide staff support to the task force.
Section 3. Section 
63C-29-202
 is enacted to read:
 63C-29-202.
Task force duties -- Reporting.
(1) The task force shall:
(a) gather information on:
(i) lethality assessments conducted in the state, including:
(A) the type of lethality assessments used by law enforcement agencies and other
organizations that provide domestic violence services; and
(B) training and protocols implemented by law enforcement agencies and the
organizations described in Subsection (1)(a)(i)(A) regarding the use of lethality assessments;
(ii) the data collection efforts implemented by law enforcement agencies and the
organizations described in Subsection (1)(a)(i)(A);
(iii) the number of cohabitant abuse protective orders that, in the immediately
preceding calendar year, were:
(A) issued;
(B) amended or dismissed before the date of expiration; or
(C) dismissed under Subsection 
78B-7-605
(1); and
(iv) the prevalence of domestic violence in the state and the prevalence of the
following in domestic violence cases:
(A) stalking;
(B) strangulation;
(C) violence in the presence of children; and
(D) threats of suicide or homicide; and
(b) review and provide feedback on:
(i) lethality assessment training and protocols implemented by law enforcement
agencies and the organizations described in Subsection (1)(a)(i)(A); and
(ii) the collection of domestic violence data in the state, including:
(A) the coordination between state, local, and not-for-profit agencies to collect data
from lethality assessments and on the prevalence of domestic violence, including the number of
voluntary commitments of firearms under Section 53-5c-201;
(B) efforts to standardize the format for collecting domestic violence and lethality
assessment data from state, local, and not-for-profit agencies within federal confidentiality
requirements; and
(C) the need for any additional data collection requirements or efforts.
(2) Before November 30 of each year the task force shall provide a written report to the
Law Enforcement and Criminal Justice Interim Committee describing:
(a) the information gathered under Subsection (1)(a); and
(b) the feedback described in Subsection (1)(b).
Section 4. Section 
63I-1-263
 is amended to read:
63I-1-263.
Repeal dates: Titles 63A to 63N.
(1) Subsection 
63A-5b-405
(5), relating to prioritizing and allocating capital
improvement funding, is repealed July 1, 2024.
(2) Section 
63A-5b-1003
, State Facility Energy Efficiency Fund, is repealed July 1,
2023.
(3) Sections 
63A-9-301
 and 
63A-9-302
, related to the Motor Vehicle Review
Committee, are repealed July 1, 2023.
[
(4) In relation to the Utah Transparency Advisory Board, on January 1, 2025:
]
[
(a) Section 
63A-18-102
 is repealed;
]
[
(b) Section 
63A-18-201
 is repealed; and
]
[
(c) Section 
63A-18-202
 is repealed.
]
(4) Title 63A, Chapter 18, Utah Transparency Advisory Board, is repealed January 1,
2025.
(5) Title 63C, Chapter 4a, Constitutional and Federalism Defense Act, is repealed July
1, 2028.
(6) Title 63C, Chapter 6, Utah Seismic Safety Commission, is repealed January 1,
2025.
(7) Title 63C, Chapter 12, Snake Valley Aquifer Advisory Council, is repealed July 1,
2024.
(8) Title 63C, Chapter 17, Point of the Mountain Development Commission Act, is
repealed July 1, 2023.
(9) Title 63C, Chapter 18, Behavioral Health Crisis Response Commission, is repealed
July 1, 2023.
(10) Title 63C, Chapter 23, Education and Mental Health Coordinating Council, is
repealed July 1, 2026.
(11) Title 63C, Chapter 27, Cybersecurity Commission, is repealed July 1, 2032.
(12) Title 63C, Chapter 28, Ethnic Studies Commission, is repealed July 1, 2026.
(13) Title 63C, Chapter 29, Domestic Violence Data Task Force, is repealed December
31, 2024.
[
(13)
] 
(14)
 Section 
63G-6a-805
, which creates the Purchasing from Persons with
Disabilities Advisory Board, is repealed July 1, 2026.
[
(14)
] 
(15)
 Title 63G, Chapter 21, Agreements to Provide State Services, is repealed
July 1, 2028.
[
(15)
] 
(16)
 Title 63H, Chapter 4, Heber Valley Historic Railroad Authority, is repealed
July 1, 2024.
[
(16)
] 
(17)
 Title 63H, Chapter 8, Utah Housing Corporation Act, is repealed July 1,
2026.
[
(17) Subsection 
63J-1-602.1
(17), relating to the Nurse Home Visiting Restricted
Account, is repealed July 1, 2026.
]
(18) Subsection 
63J-1-602.2
(6), referring to dedicated credits to the Utah Marriage
Commission, is repealed July 1, 2023.
[
(19) Subsection 
63J-1-602.2
(7), referring to the Trip Reduction Program, is repealed
July 1, 2022.
]
[
(20)
] 
(19)
 Subsection 
63J-1-602.2
(26), related to the Utah Seismic Safety
Commission, is repealed January 1, 2025.
[
(21)
] 
(20)
 Title 63L, Chapter 11, Part 4, Resource Development Coordinating
Committee, is repealed July 1, 2027.
[
(22)
] 
(21)
 In relation to the Utah Substance Use and Mental Health Advisory Council,
on January 1, 2033:
(a) Sections 
63M-7-301
, 
63M-7-302
, 
63M-7-303
, 
63M-7-304
, and 
63M-7-306
 are
repealed;
(b) Section 
63M-7-305
, the language that states "council" is replaced with
"commission";
(c) Subsection 
63M-7-305
(1)(a) is repealed and replaced with:
"(1) "Commission" means the Commission on Criminal and Juvenile Justice."; and
(d) Subsection 
63M-7-305
(2) is repealed and replaced with:
"(2) The commission shall:
(a) provide ongoing oversight of the implementation, functions, and evaluation of the
Drug-Related Offenses Reform Act; and
(b) coordinate the implementation of Section 
77-18-104
 and related provisions in
Subsections 
77-18-103
(2)(c) and (d).".
[
(23)
] 
(22)
 The Crime Victim Reparations and Assistance Board, created in Section
63M-7-504
, is repealed July 1, 2027.
[
(24)
] 
(23)
 Title 63M, Chapter 11, Utah Commission on Aging, is repealed July 1,
2026.
[
(25)
] 
(24)
 Title 63N, Chapter 1b, Part 4, Women in the Economy Subcommittee, is
repealed January 1, 2025.
[
(26)
] 
(25)
 Title 63N, Chapter 2, Part 2, Enterprise Zone Act, is repealed July 1, 2028.
[
(27)
] 
(26)
 Section 
63N-2-512
, related to the Hotel Impact Mitigation Fund, is repealed
July 1, 2028.
[
(28)
] 
(27)
 Title 63N, Chapter 3, Part 9, Strategic Innovation Grant Pilot Program, is
repealed July 1, 2027.
[
(29)
] 
(28)
 Title 63N, Chapter 3, Part 11, Manufacturing Modernization Grant
Program, is repealed July 1, 2025.
[
(30)
] 
(29)
 In relation to the Rural Employment Expansion Program, on July 1, 2023:
(a) Title 63N, Chapter 4, Part 4, Rural Employment Expansion Program, is repealed;
and
(b) Subsection 
63N-4-805
(5)(b), referring to the Rural Employment Expansion
Program, is repealed.
[
(31)
] 
(30)
 In relation to the Board of Tourism Development, on July 1, 2025:
(a) Subsection 
63N-2-511
(1)(b), which defines "tourism board," is repealed;
(b) Subsections 
63N-2-511
(3)(a) and (5), the language that states "tourism board" is
repealed and replaced with "Utah Office of Tourism";
(c) Subsection 
63N-7-101
(1), which defines "board," is repealed;
(d) Subsection 
63N-7-102
(3)(c), which requires the Utah Office of Tourism to receive
approval from the Board of Tourism Development, is repealed; and
(e) Title 63N, Chapter 7, Part 2, Board of Tourism Development, is repealed.
[
(32)
] 
(31)
 Subsection 
63N-8-103
(3)(c), which allows the Governor's Office of
Economic Opportunity to issue an amount of tax credit certificates only for rural productions,
is repealed on July 1, 2024.
Section 5. Section 
78B-7-120
 is amended to read:
78B-7-120.
Law enforcement -- Training -- Domestic violence -- Lethality
assessments.
(1) The Department of Public Safety shall
:
(a)
 develop training in domestic violence responses and lethality assessment protocols[
,
which include the following
] 
that includes information on
:
[
(a)
] 
(i)
 recognizing the symptoms of domestic violence and trauma;
[
(b)
] 
(ii)
 an evidence-based assessment to identify victims of domestic violence who
may be at a high risk of being killed by a perpetrator;
[
(c)
] 
(iii)
 lethality assessment protocols and interviewing techniques, including
indicators of strangulation;
[
(d)
] 
(iv)
 responding to the needs and concerns of a victim of domestic violence;
[
(e)
] 
(v)
 delivering services to victims of domestic violence in a compassionate,
sensitive, and professional manner; and
[
(f)
] 
(vi)
 understanding cultural perceptions and common myths of domestic
violence[
.
]
;
(b) develop and offer an online training course in domestic violence issues to all
certified law enforcement officers in the state; and
(c) develop specific training curriculums for the trainings described in Subsections
(1)(a) and (b) that include:
(i) information on responding to domestic violence incidents, including
trauma-informed and victim-centered interview techniques;
(ii) lethality assessment protocols which have been demonstrated to minimize
retraumatizing victims; and
(iii) standards for report writing.
(2) The Peace Officer Standards and Training Division shall incorporate training in
domestic violence issues into training offered to all individuals seeking certification as a peace
officer.
[
(2) The department shall develop and offer an online training course in domestic
violence issues to all certified law enforcement officers in the state.
]
[
(3) Training in domestic violence issues shall be incorporated into training offered by
the Peace Officer Standards and Training division to all persons seeking certification as a peace
officer.
]
[
(4) The department shall develop specific training curriculums that meet the
requirements of this section, including:
]
[
(a) response to domestic violence incidents, including trauma-informed and
victim-centered interview techniques;
]
[
(b) lethality assessment protocols which have been demonstrated to minimize
retraumatizing victims; and
]
[
(c) standards for report writing.
]
[
(5) The Department of Public Safety, in partnership with the Division of Child and
Family Services and the Commission on Criminal and Juvenile Justice, shall work to identify
aggregate domestic violence data to include:
]
[
(a) lethality assessments;
]
[
(b) the prevalence of stalking;
]
[
(c) strangulation;
]
[
(d) violence in the presence of children; and
]
[
(e) threats of suicide or homicide.
]
[
(6) The Department of Public Safety, with support from the Commission on Criminal
and Juvenile Justice and the Division of Child and Family Services shall provide
recommendations to the Law Enforcement and Criminal Justice Interim Committee not later
than July 31 of each year and in the commission's annual report required by Section
63M-7-205
.
]