Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 509 First Substitute (2023GS)

Sponsor

Rep. Stoddard, A.

Final action

Governor Signed 3/20/2023

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• modifies definitions;
• allows a victim to request a hearing regarding a continuous protective order for domestic violence;
• requires notice to be provided to a victim or perpetrator for a hearing regarding a continuous protective order; and
• includes criminal protective order hearings as "important criminal justice hearings."

Every vote on this bill

Bill text

CRIMINAL PROTECTIVE ORDER AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Andrew Stoddard
Senate Sponsor: 
____________
LONG TITLE
General Description:
This bill modifies provisions related to criminal protective orders. 
Highlighted Provisions:
This bill:
▸ modifies definitions;
▸ allows a victim to request a hearing regarding a continuous protective order for
domestic violence;
▸ requires notice to be provided to a victim or perpetrator for a hearing regarding a
continuous protective order; and
▸ includes criminal protective order hearings as "important criminal justice hearings."
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
77-38-2
, as last amended by Laws of Utah 1997, Chapter 103
78B-7-804
, as last amended by Laws of Utah 2021, Chapters 159, 260 and last
amended by Coordination Clause, Laws of Utah 2021, Chapter 159
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
77-38-2
 is amended to read:
77-38-2.
Definitions.
For the purposes of this chapter and the Utah Constitution:
(1) "Abuse" means treating the crime victim in a manner so as to injure, damage, or
disparage.
(2) "Dignity" means treating the crime victim with worthiness, honor, and esteem.
(3) "Fairness" means treating the crime victim reasonably, even-handedly, and
impartially.
(4) "Harassment" means treating the crime victim in a persistently annoying manner.
(5) "Important criminal justice hearings" or "important juvenile justice hearings" means
the following proceedings in felony criminal cases or cases involving a minor's conduct which
would be a felony if committed by an adult:
(a) any preliminary hearing to determine probable cause;
(b) any court arraignment where practical;
(c) any court proceeding involving the disposition of charges against a defendant or
minor or the delay of a previously scheduled trial date but not including any unanticipated
proceeding to take an admission or a plea of guilty as charged to all charges previously filed or
any plea taken at an initial appearance;
(d) any court proceeding to determine whether to release a defendant or minor and, if
so, under what conditions release may occur, excluding any such release determination made at
an initial appearance;
(e) any criminal or delinquency trial, excluding any actions at the trial that a court
might take in camera, in chambers, or at a sidebar conference;
(f) any court proceeding to determine the disposition of a minor or sentence, fine, or
restitution of a defendant or to modify any disposition of a minor or sentence, fine, or
restitution of a defendant; [
and
]
(g) any public hearing concerning whether to grant a defendant or minor parole or other
form of discretionary release from confinement[
.
]
; and
(h) a hearing regarding any criminal protective order described in Title 78B, Chapter 7,
Part 8, Criminal Protective Orders.
(6) "Reliable information" means information worthy of confidence, including any
information whose use at sentencing is permitted by the United States Constitution.
(7) "Representative of a victim" means a person who is designated by the victim or
designated by the court and who represents the victim in the best interests of the victim.
(8) "Respect" means treating the crime victim with regard and value.
(9) (a) "Victim of a crime" means any natural person against whom the charged crime
or conduct is alleged to have been perpetrated or attempted by the defendant or minor
personally or as a party to the offense or conduct or, in the discretion of the court, against
whom a related crime or act is alleged to have been perpetrated or attempted, unless the natural
person is the accused or appears to be accountable or otherwise criminally responsible for or
criminally involved in the crime or conduct or a crime or act arising from the same conduct,
criminal episode, or plan as the crime is defined under the laws of this state.
(b) For purposes of the right to be present, "victim of a crime" does not mean any
person who is in custody as a pretrial detainee, as a prisoner following conviction for an
offense, or as a juvenile who has committed an act that would be an offense if committed by an
adult, or who is in custody for mental or psychological treatment.
(c) For purposes of the right to be present and heard at a public hearing as provided in
Subsection 
77-38-2
(5)(g) and the right to notice as provided in Subsection 
77-38-3
(7)(a),
"victim of a crime" includes any victim originally named in the allegation of criminal conduct
who is not a victim of the offense to which the defendant entered a negotiated plea of guilty.
Section 2. 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) 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 
and the victim
 of the right to request a
hearing.
(ii) If the perpetrator 
or the victim
 requests a hearing under this Subsection (3)(c), the
court shall
:
(A) provide notice to each party; and
(B)
 hold the hearing at the time determined by the court.
(iii)
 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 38b, 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) 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 
80-6-504
, 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 
80-6-807
, the day on which the Division of Juvenile
Justice Services discharges the perpetrator.