Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 324 Fourth Substitute (2023GS)

Sponsor

Rep. Clancy, T.

Final action

Governor Signed 3/14/2023

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• defines terms;
• allows an employer to petition for a workplace violence protective order;
• requires an employer to notify certain individuals when seeking a workplace violence protective order;
• establishes relief a court may include as part of a workplace violence protective order;
• requires a court to take certain action after issuing a workplace violence protective order;
• establishes circumstances under which a court may modify or vacate a workplace violence protective order;
• requires a court to set a date for a hearing on a workplace violence protective order within a certain time period;
• establishes provisions related to the service, expiration, modification, and extension of a workplace violence protective order;
• provides a penalty for violating a workplace violence protective order;
• limits liability of an employer for seeking or failing to seek a workplace violence protective order; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

 WORKPLACE VIOLENCE PROTECTIVE ORDERS
AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Tyler Clancy
Senate Sponsor: 
Todd D. Weiler
LONG TITLE
General Description:
This bill creates a workplace violence protective order.
Highlighted Provisions:
This bill:
▸ defines terms;
▸ allows an employer to petition for a workplace violence protective order;
▸ requires an employer to notify certain individuals when seeking a workplace
violence protective order;
▸ establishes relief a court may include as part of a workplace violence protective
order;
▸ requires a court to take certain action after issuing a workplace violence protective
order;
▸ establishes circumstances under which a court may modify or vacate a workplace
violence protective order;
▸ requires a court to set a date for a hearing on a workplace violence protective order
within a certain time period;
▸ establishes provisions related to the service, expiration, modification, and extension
of a workplace violence protective order;
▸ provides a penalty for violating a workplace violence protective order;
▸ limits liability of an employer for seeking or failing to seek a workplace violence 
protective order; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a special effective date.
Utah Code Sections Affected:
AMENDS:
78B-7-102
, as last amended by Laws of Utah 2022, Chapters 142, 430
ENACTS:
78B-7-1101
, Utah Code Annotated 1953
78B-7-1102
, Utah Code Annotated 1953
78B-7-1103
, Utah Code Annotated 1953
78B-7-1104
, Utah Code Annotated 1953
78B-7-1105
, Utah Code Annotated 1953
78B-7-1106
, Utah Code Annotated 1953
78B-7-1107
, Utah Code Annotated 1953
78B-7-1108
, Utah Code Annotated 1953
78B-7-1109
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
78B-7-102
 is amended to read:
78B-7-102.
Definitions.
As used in this chapter:
(1) "Abuse" means, except as provided in Section 
78B-7-201
, intentionally or
knowingly causing or attempting to cause another individual physical harm or intentionally or
knowingly placing another individual in reasonable fear of imminent physical harm.
(2) "Affinity" means the same as that term is defined in Section 
76-1-101.5
.
(3) "Civil protective order" means an order issued, subsequent to a hearing on the
petition, of which the petitioner and respondent have been given notice, under:
(a) Part 2, Child Protective Orders;
(b) Part 4, Dating Violence Protective Orders;
(c) Part 5, Sexual Violence Protective Orders; [
or
]
(d) Part 6, Cohabitant Abuse Protective Orders[
.
]
; or
(e) Part 11, Workplace Violence Protective Orders.
(4) "Civil stalking injunction" means a stalking injunction issued under Part 7, Civil
Stalking Injunctions.
(5) (a) "Cohabitant" means an emancipated individual under Section 
15-2-1
 or an
individual who is 16 years old or older who:
(i) is or was a spouse of the other party;
(ii) is or was living as if a spouse of the other party;
(iii) is related by blood or marriage to the other party as the individual's parent,
grandparent, sibling, or any other individual related to the individual by consanguinity or
affinity to the second degree;
(iv) has or had one or more children in common with the other party;
(v) is the biological parent of the other party's unborn child;
(vi) resides or has resided in the same residence as the other party; or
(vii) is or was in a consensual sexual relationship with the other party.
(b) "Cohabitant" does not include:
(i) the relationship of natural parent, adoptive parent, or step-parent to a minor; or
(ii) the relationship between natural, adoptive, step, or foster siblings who are under 18
years old.
(6) "Consanguinity" means the same as that term is defined in Section 
76-1-101.5
.
(7) "Criminal protective order" means an order issued under Part 8, Criminal Protective
Orders.
(8) "Criminal stalking injunction" means a stalking injunction issued under Part 9,
Criminal Stalking Injunctions.
(9) "Court clerk" means a district court clerk.
(10) (a) "Dating partner" means an individual who:
(i) (A) is an emancipated individual under Section 
15-2-1
 or Title 80, Chapter 7,
Emancipation; or
(B) is 18 years old or older; and
(ii) is, or has been, in a dating relationship with the other party.
(b) "Dating partner" does not include an intimate partner.
(11) (a) "Dating relationship" means a social relationship of a romantic or intimate
nature, or a relationship which has romance or intimacy as a goal by one or both parties,
regardless of whether the relationship involves sexual intimacy.
(b) "Dating relationship" does not include casual fraternization in a business,
educational, or social context.
(c) In determining, based on a totality of the circumstances, whether a dating
relationship exists:
(i) all relevant factors shall be considered, including:
(A) whether the parties developed interpersonal bonding above a mere casual
fraternization;
(B) the length of the parties' relationship;
(C) the nature and the frequency of the parties' interactions, including communications
indicating that the parties intended to begin a dating relationship;
(D) the ongoing expectations of the parties, individual or jointly, with respect to the
relationship;
(E) whether, by statement or conduct, the parties demonstrated an affirmation of their
relationship to others; and
(F) whether other reasons exist that support or detract from a finding that a dating
relationship exists; and
(ii) it is not necessary that all, or a particular number, of the factors described in
Subsection (11)(c)(i) are found to support the existence of a dating relationship.
(12) "Domestic violence" means the same as that term is defined in Section 
77-36-1
.
(13) "Ex parte civil protective order" means an order issued without notice to the
respondent under:
(a) Part 2, Child Protective Orders;
(b) Part 4, Dating Violence Protective Orders;
(c) Part 5, Sexual Violence Protective Orders; [
or
]
(d) Part 6, Cohabitant Abuse Protective Orders[
.
]
; or
(e) Part 11, Workplace Violence Protective Orders.
(14) "Ex parte civil stalking injunction" means a stalking injunction issued without
notice to the respondent under Part 7, Civil Stalking Injunctions.
(15) "Foreign protection order" means the same as that term is defined in Section
78B-7-302
.
(16) "Household animal" means an animal that is tamed and kept as a pet.
(17) "Intimate partner" means the same as that term is defined in 18 U.S.C. Sec. 921.
(18) "Law enforcement unit" or "law enforcement agency" means any public agency
having general police power and charged with making arrests in connection with enforcement
of the criminal statutes and ordinances of this state or any political subdivision.
(19) "Peace officer" means those individuals specified in Title 53, Chapter 13, Peace
Officer Classifications.
(20) "Qualifying domestic violence offense" means the same as that term is defined in
Section 
77-36-1.1
.
(21) "Respondent" means the individual against whom enforcement of a protective
order is sought.
(22) "Stalking" means the same as that term is defined in Section 
76-5-106.5
.
Section 2. Section 
78B-7-1101
 is enacted to read:
Part 11. Workplace Violence Protective Orders
 78B-7-1101.
Definitions.
As used in this part:
(1) "Employee" means an employee in the service of an employer for compensation.
(2) "Employer" means a person who employs an individual in this state.
(3) "Ex parte workplace violence protective order" means an order issued without
notice to the respondent under this part.
(4) "Protective order" means:
(a) a workplace violence protective order; or
(b) an ex parte workplace violence protective order.
(5) "Workplace violence" means knowingly causing or threatening to cause bodily
injury to, or significant damage to the property of, a person, if:
(a) the person is:
(i) an employer; or
(ii) an employee performing the employee's duties as an employee; and
(b) (i) the action would cause a reasonable person to feel terrorized, frightened,
intimidated, or harassed; or
(ii) the threat:
(A) would cause a reasonable person to fear that the threat will be carried out; and
(B) if carried out, would cause a reasonable person to feel terrorized, frightened,
intimidated, or harassed.
(6) "Workplace violence protective order" means an order issued under this part after a
hearing on the petition, of which the petitioner and respondent have been given notice.
Section 3. Section 
78B-7-1102
 is enacted to read:
 78B-7-1102.
Petition for a workplace violence protective order -- Notice to known
targets of workplace violence.
(1) An employer may seek, or authorize an agent to seek, a protective order in
accordance with this part, if the employer reasonably believes workplace violence has occurred
against the employer or an employee of the employer.
(2) If an employer seeking a workplace violence protective order as described in
Subsection (1) has knowledge that a specific individual is the target of workplace violence, the
employer shall make a good faith effort to notify the targeted individual that the employer is
seeking a workplace violence protective order.
Section 4. Section 
78B-7-1103
 is enacted to read:
 78B-7-1103.
Workplace violence protective orders -- Ex parte workplace violence
protective orders -- Modification of orders -- Evidence in another lawsuit.
(1) If it appears from a petition for a protective order or a petition to modify an existing
protective order that workplace violence has occurred, the court may:
(a) without notice, immediately issue an ex parte workplace violence protective order
against the respondent or modify an existing workplace violence protective order ex parte, if
necessary to protect the petitioner or any party named in the petition; or
(b) upon notice to the respondent, issue a workplace violence protective order or
modify a workplace violence protective order after a hearing, regardless of whether the
respondent appears.
(2) (a) The court may grant the following relief with or without notice or a hearing in a
protective order or in a modification to a protective order:
(i) enjoin the respondent from committing workplace violence;
(ii) enjoin the respondent from threatening the petitioner or an employee of the
petitioner while performing the employee's duties as an employee; or
(iii) subject to Subsection (2)(c), order that the respondent is excluded and shall stay
away from the petitioner's workplace.
(b) Except as provided in Subsection (2)(a), a protective order may not restrict the
respondent's communications.
(c) The court shall narrowly tailor an order described in Subsection (2)(a)(iii) to the
location where the respondent caused or threatened to cause bodily injury to, or significant
damage to property of, the petitioner or an employee of the petitioner.
(3) After the court issues a protective order, the court shall:
(a) as soon as possible, deliver the order to the county sheriff for service of process;
(b) transmit electronically, by the end of the business day after the day on which the
court issues the protective order, a copy of the protective order to the local law enforcement
agency that the petitioner designates; and
(c) transmit a copy of the protective order in the same manner as described in Section
78B-7-113
.
(4) The court may modify or vacate a protective order after notice and hearing, if the
petitioner:
(a) (i) is personally served with notice of the hearing, as provided in the Utah Rules of
Civil Procedure; and
(ii) appears before the court to give specific consent to the modification or vacation of
the provisions of the protective order; or
(b) submits an affidavit agreeing to the modification or vacation of the provisions of
the protective order.
(5) The existence of a protective order may not be used as evidence of liability or
damages in a lawsuit between the petitioner and the respondent regardless of whether the
petitioner or respondent seeks to admit the facts underlying the protective order as evidence.
Section 5. Section 
78B-7-1104
 is enacted to read:
 78B-7-1104.
Hearings -- Expiration.
(1) (a) A court shall set a date for a hearing on the petition to be held within 21 days
after the day on which the court issues an ex parte workplace violence protective order.
(b) If, at the hearing described in Subsection (1)(a), the court does not issue a
workplace violence protective order, the ex parte workplace violence protective order expires
on the day on which the hearing is held, unless the court extends the ex parte workplace
violence protective order.
(c) Subject to Subsection (1)(d), a court may not extend an ex parte workplace violence
protective order beyond 21 days after the day on which the court issues the ex parte workplace
violence protective order, unless:
(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 workplace
violence protective order, the ex parte workplace violence protective order remains in effect
until service of process of the workplace violence protective order is completed.
(e) A workplace violence protective order issued after notice and a hearing remains in
effect for a period the court determines, not to exceed 18 months after the day on which the
court issues the order, unless the order is extended in accordance with Section 
78B-7-1105
.
(f) (i) If the hearing on the petition is heard by a commissioner, either the petitioner or
respondent may file an objection within 10 calendar days after the day on which the
commissioner enters the recommended order.
(ii) If a party files an objection as described in Subsection (1)(f)(i), the judge shall hold
a hearing on the objection within 21 days after the day on which the party files the objection.
(2) (a) If a court denies a petition for an ex parte workplace violence protective order or
a petition to modify a workplace violence protective order ex parte, the petitioner may, within
five days after the day on which the court denies the petition, request a hearing.
(b) If the petitioner requests a hearing as described in Subsection (2)(a), the court shall:
(i) set a hearing to be held within 21 days after the day on which the petitioner makes
the request; and
(ii) notify and serve the respondent.
Section 6. Section 
78B-7-1105
 is enacted to read:
 78B-7-1105.
Extension.
(1) A workplace violence protective order expires automatically, unless the petitioner:
(a) files a motion before the day on which the workplace violence protective order
expires; and
(b) demonstrates that:
(i) there is a substantial likelihood that the petitioner an employee of the petitioner
while performing the employee's duties as an employee; or
(ii) the respondent committed or was convicted of a violation of the workplace
violence protective order that the petitioner requests be extended.
(2) (a) Subject to Subsection (2)(b), if a court grants a motion described in Subsection
(1)(a), the court shall set a new date on which the workplace violence protective order expires.
(b) A court may not extend a workplace violence protective order for more than 18
months after the day on which the court issues the order for extension.
(3) After the day on which the court issues an extension of a workplace violence
protective order, the court shall take the action described in Subsection 
78B-7-1103
(3).
(4) This part does not prohibit a petitioner from seeking another protective order after
the day on which the petitioner's protective order expires.
Section 7. Section 
78B-7-1106
 is enacted to read:
 78B-7-1106.
Service of process.
(1) The county sheriff that receives an order from a court under Subsection
78B-7-1103
(3) or 
78B-7-1105
(3), shall:
(a) provide expedited service for the protective order; and
(b) after the protective order is served, transmit verification of service of process to the
statewide network described in Section 
78B-7-113
.
(2) This section does not prohibit another law enforcement agency from providing
service of process if the law enforcement agency:
(a) has contact with the respondent; or
(b) determines that, under the circumstances, providing service of process on the
respondent is in the best interest of the petitioner.
Section 8. Section 
78B-7-1107
 is enacted to read:
 78B-7-1107.
Penalties.
A violation of a protective order issued under this part is a class A misdemeanor.
Section 9. Section 
78B-7-1108
 is enacted to read:
 78B-7-1108.
Employer liability.
(1) An employer is immune from civil liability for:
(a) seeking a workplace violence protective order, if the employer acts in good faith in
seeking the order; or
(b) failing to seek a workplace violence protective order.
(2) An employer's action or statement made under this part:
(a) is not an admission of any fact; and
(b) may be used for purposes of impeachment.
Section 10. Section 
78B-7-1109
 is enacted to read:
 78B-7-1109.
Limitations of part.
This part does not:
(1) modify the duty of an employer to provide a safe workplace for the employees of
the employer;
(2) prohibit a person from engaging in constitutionally protected exercise of free
speech, including non-threatening speech and speech involving labor disputes concerning
organized labor; or
(3) prohibit a person from engaging in an activity that is part of a labor dispute.
Section 11. 
Effective date.
This bill takes effect on July 1, 2023.