Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 287 (2025GS)

Sponsor

Rep. Gricius, Stephanie

Final action

Governor Signed 3/25/2025

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• provides that an individual does not commit stalking in certain circumstances; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

4
76-5-106.5
78B-7-701
0
Stalking Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Stephanie Gricius
Senate Sponsor: Kirk A. Cullimore
LONG TITLE
General Description:
This bill addresses stalking.
Highlighted Provisions:
This bill:
provides that an individual does not commit stalking in certain circumstances; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
76-5-106.5
, as last amended by Laws of Utah 2024, Chapter 179
78B-7-701
, as last amended by Laws of Utah 2022, Chapter 297
Be it enacted by the Legislature of the state of Utah:
Section 1, Section 
76-5-106.5
 is amended to read:
76-5-106.5
. Stalking -- Definitions -- Injunction -- Penalties -- Duties of law 
enforcement officer.
(1)
(a)
As used in this section:
(i)
"Course of conduct" means two or more acts directed at or toward a specific 
individual, including:
(A)
acts in which the actor follows, monitors, observes, photographs, surveils, 
threatens, or communicates to or about an individual, or interferes with an 
individual's property:
(I)
directly, indirectly, or through any third party; and
(II)
by any action, method, device, or means; or
(B)
when the actor engages in any of the following acts or causes someone else to 
engage in any of these acts:
(I)
approaches or confronts an individual;
(II)
appears at the individual's workplace or contacts the individual's employer 
or coworker;
(III)
appears at an individual's residence or contacts an individual's neighbor, or 
enters property owned, leased, or occupied by an individual;
(IV)
sends material by any means to the individual or for the purpose of 
obtaining or disseminating information about or communicating with the 
individual to a member of the individual's family or household, employer, 
coworker, friend, or associate of the individual;
(V)
places an object on or delivers an object to property owned, leased, or 
occupied by an individual, or to the individual's place of employment with 
the intent that the object be delivered to the individual; or
(VI)
uses a computer, the Internet, text messaging, or any other electronic 
means to commit an act that is a part of the course of conduct.
(ii)
(A)
"Emotional distress" means significant mental or psychological suffering, 
whether or not medical or other professional treatment or counseling is 
required.
(B)
"Emotional distress" includes significant mental or psychological suffering 
resulting from harm to an animal.
(iii)
"Immediate family" means a spouse, parent, child, sibling, or any other 
individual who regularly resides in the household or who regularly resided in the 
household within the prior six months.
(iv)
"Private investigator" means the same as that term is defined in Section 
76-9-408
.
(v)
"Reasonable person" means a reasonable person in the victim's circumstances.
(vi)
"Stalking" means an offense as described in Subsection (2).
(vii)
"Text messaging" means a communication in the form of electronic text or one 
or more electronic images sent by the actor from a telephone or computer to 
another individual's telephone or computer by addressing the communication to 
the recipient's telephone number.
(b)
Terms defined in Section 
76-1-101.5
 apply to this section.
(2)
An actor commits stalking if the actor intentionally or knowingly:
(a)
engages in a course of conduct directed at a specific individual and knows or is 
reckless as to whether the course of conduct would cause a reasonable person:
(i)
to fear for the individual's own safety or the safety of a third individual; or
(ii)
to suffer other emotional distress; or
(b)
violates:
(i)
a stalking injunction issued under Title 78B, Chapter 7, Part 7, Civil Stalking 
Injunctions; or
(ii)
a permanent criminal stalking injunction issued under Title 78B, Chapter 7, Part 9, 
Criminal Stalking Injunctions.
(3)
(a)
A violation of Subsection (2) is a class A misdemeanor:
(i)
upon the actor's first violation of Subsection (2); or
(ii)
if the actor violated a stalking injunction issued under Title 78B, Chapter 7, Part 7, 
Civil Stalking Injunctions.
(b)
Notwithstanding Subsection (3)(a), a violation of Subsection (2) is a third degree 
felony if the actor:
(i)
has been previously convicted of an offense of stalking;
(ii)
has been previously convicted in another jurisdiction of an offense that is 
substantially similar to the offense of stalking;
(iii)
has been previously convicted of any felony offense in Utah or of any crime in 
another jurisdiction which if committed in Utah would be a felony, in which the 
victim of the stalking offense or a member of the victim's immediate family was 
also a victim of the previous felony offense;
(iv)
violated a permanent criminal stalking injunction issued under Title 78B, 
Chapter 7, Part 9, Criminal Stalking Injunctions; or
(v)
has been or is at the time of the offense a cohabitant, as defined in Section 
78B-7-102
, of the victim.
(c)
Notwithstanding Subsection (3)(a) or (b), a violation of Subsection (2) is a second 
degree felony if the actor:
(i)
used a dangerous weapon or used other means or force likely to produce death or 
serious bodily injury, in the commission of the crime of stalking;
(ii)
has been previously convicted two or more times of the offense of stalking;
(iii)
has been convicted two or more times in another jurisdiction or jurisdictions of 
offenses that are substantially similar to the offense of stalking;
(iv)
has been convicted two or more times, in any combination, of offenses under 
Subsection (3)(b)(i), (ii), or (iii);
(v)
has been previously convicted two or more times of felony offenses in Utah or of 
crimes in another jurisdiction or jurisdictions which, if committed in Utah, would 
be felonies, in which the victim of the stalking was also a victim of the previous 
felony offenses; or
(vi)
has been previously convicted of an offense under Subsection (3)(b)(iv) or (v).
(4)
In a prosecution under this section, it is not a defense that the actor:
(a)
was not given actual notice that the course of conduct was unwanted; or
(b)
did not intend to cause the victim fear or other emotional distress.
(5)
An offense of stalking may be prosecuted under this section in any jurisdiction where 
one or more of the acts that is part of the course of conduct was initiated or caused an 
effect on the victim.
(6)
(a)
Except as provided in Subsection (6)(b), an actor does not violate this section if
:
(i)
the actor is acting: 
(i)
(A)
in the actor's official capacity as a law enforcement officer, governmental 
investigator, or private investigator; and 
(ii)
(B)
for a legitimate official or business purpose
.
; or
(ii)
(A)
the actor is the owner of a business;
(B)
the actor engages in a course of conduct that is reasonable and necessary to 
protect the actor's ownership interest in the business;
(C)
the conduct is not directed at a cohabitant, as that term is defined in Section 
78B-7-102
; and
(D)
the actor's conduct does not violate any other provision of this code.
(b)
A private investigator is not exempt from this section if the private investigator 
engages in conduct that would constitute a ground for disciplinary action under 
Section 
53-9-118
.
(7)
(a)
A permanent criminal stalking injunction limiting the contact between the actor 
and victim may be filed in accordance with Section 
78B-7-902
.
(b)
This section does not preclude the filing of criminal information for stalking based 
on the same act which is the basis for the violation of the stalking injunction issued 
under Title 78B, Chapter 7, Part 7, Civil Stalking Injunctions, or a permanent 
criminal stalking injunction issued under Title 78B, Chapter 7, Part 9, Criminal 
Stalking Injunctions.
(8)
(a)
A law enforcement officer who responds to an allegation of stalking shall use all 
reasonable means to protect the victim and prevent further violence, including:
(i)
taking action that, in the officer's discretion, is reasonably necessary to provide for 
the safety of the victim and any family or household member;
(ii)
confiscating the weapon or weapons involved in the alleged stalking;
(iii)
making arrangements for the victim and any child to obtain emergency housing 
or shelter;
(iv)
providing protection while the victim removes essential personal effects;
(v)
arranging, facilitating, or providing for the victim and any child to obtain medical 
treatment; and
(vi)
arranging, facilitating, or providing the victim with immediate and adequate 
notice of the rights of victims and of the remedies and services available to 
victims of stalking, in accordance with Subsection (8)(b).
(b)
(i)
A law enforcement officer shall give written notice to the victim in simple 
language, describing the rights and remedies available under this section and Title 
78B, Chapter 7, Part 7, Civil Stalking Injunctions.
(ii)
The written notice shall also include:
(A)
a statement that the forms needed in order to obtain a stalking injunction are 
available from the court clerk's office in the judicial district where the victim 
resides or is temporarily domiciled; and
(B)
a list of shelters, services, and resources available in the appropriate 
community, together with telephone numbers, to assist the victim in accessing 
any needed assistance.
(c)
If a weapon is confiscated under this Subsection (8), the law enforcement agency 
shall return the weapon to the individual from whom the weapon is confiscated if a 
stalking injunction is not issued or once the stalking injunction is terminated.
Section 2, Section 
78B-7-701
 is amended to read:
78B-7-701
. Ex parte civil stalking injunction -- Civil stalking injunction.
(1)
(a)
(i)
Except as provided in Subsection 
(1)(b)
, an individual who believes that the 
individual is the victim of stalking may 
file
bring
 a verified written petition for a 
civil stalking injunction against the alleged stalker
 with the district court in the 
district in which the individual or respondent resides, is temporarily domiciled, or 
in which any of the events occurred
.
(ii)
A minor with the minor's parent or guardian may 
file
bring
 a petition on the 
minor's own behalf, or a parent, guardian, or custodian may file a petition on the 
minor's behalf.
(b)
A stalking injunction may not be obtained against
:
(i)
a law enforcement officer, governmental investigator, or licensed private 
investigator, 
who is acting in official capacity.
as described in Subsection 
76-5-106.5(6)
; or
(ii)
an individual for engaging in conduct described in Subsection 
76-5-106.5(6)
(a)(ii).
(2)
Notwithstanding Chapter 3a, Venue for Civil Actions, an individual shall bring a 
petition described in Subsection 
(1)(a)
 in the judicial district in which:
(a)
the individual or respondent resides or is temporarily domiciled; or
(b)
any of the events occurred.
(2)
(3)
(a)
Except as provided in Subsection 
(2)(b)
(3)(b)
, a petition for a civil stalking 
injunction shall include:
(i)
the name of the petitioner;
(ii)
the name and address, if known, of the respondent;
(iii)
specific events and dates of the actions constituting the alleged stalking;
(iv)
if there is a prior court order concerning the same conduct, the name of the court 
in which the order was rendered; and
(v)
corroborating evidence of stalking, which may be in the form of a police report, 
affidavit, record, statement, item, letter, or any other evidence which tends to 
prove the allegation of stalking.
(b)
(i)
The petitioner's address shall be disclosed to the court for purposes of service.
(ii)
On request of the petitioner, the petitioner's address may not be listed on the 
petition, and shall be protected and maintained in a separate document or 
automated database, not subject to release, disclosure, or any form of public 
access except as ordered by the court for good cause shown.
(3)
(4)
(a)
If the court determines that there is reason to believe that an offense of 
stalking has occurred, 
the court may issue 
an ex parte civil stalking injunction 
may 
be issued by the court 
that includes any of the following:
(i)
the 
respondent may be enjoined from committing stalking;
(ii)
the 
respondent may be restrained from coming near the residence, place of 
employment, or school of the other party or specifically designated locations or 
persons;
(iii)
the 
respondent may be restrained from contacting, directly or indirectly, the other 
party, including personal, written or telephone contact with the other party, the 
other party's employers, employees, fellow workers or others with whom 
communication would be likely to cause annoyance or alarm to the other party; or
(iv)
any other relief necessary or convenient for the protection of the petitioner and 
other specifically designated individuals under the circumstances.
(b)
(i)
If the petitioner and respondent have minor children, the court shall follow the 
provisions of Section 
78B-7-603
 and take into consideration the respondent's 
custody and parent-time rights while ensuring the safety of the victim and the 
minor children.
(ii)
If the court issues a civil stalking injunction, but declines to address custody and 
parent-time issues, a copy of the stalking injunction shall be filed in any action in 
which custody and parent-time issues are being considered.
(4)
(5)
(a)
Within 10 days after the day on which the 
the 
ex parte civil stalking 
injunction is served, the respondent is entitled to request, in writing, an evidentiary 
hearing on the civil stalking injunction.
(b)
(i)
The court shall hold a hearing requested by the respondent at the earliest 
possible time and within 10 days after the day on which the request is filed with 
the court unless the court finds compelling reasons to continue the hearing. 
(ii)
At the hearing, the burden is on the petitioner to show by a preponderance of the 
evidence that stalking of the petitioner by the respondent has occurred.
(c)
An ex parte civil stalking injunction issued under this section shall state on the civil 
stalking injunction's face:
(i)
that the respondent is entitled to a hearing, upon written request within 10 days 
after the day on which the order is served;
(ii)
the name and address of the court where the request may be filed;
(iii)
that if the respondent fails to request a hearing within 10 days after the day on 
which the ex parte civil stalking injunction is served, the ex parte civil stalking 
injunction is automatically modified to a civil stalking injunction without further 
notice to the respondent and the civil stalking injunction expires three years after 
the day on which the ex parte civil stalking injunction is served; and
(iv)
that if the respondent requests, in writing, a hearing after the ten-day period after 
service, the court shall set a hearing within a reasonable time from the date 
requested.
(5)
(6)
(a)
At the hearing, the court may modify, revoke, or continue the injunction. 
(b)
At the hearing, the burden is on the petitioner to show by a preponderance of the 
evidence that stalking of the petitioner by the respondent has occurred.
(6)
(7)
(a)
The ex parte civil stalking injunction shall be served on the respondent within 
90 days after the day on which the ex parte civil stalking injunction is signed.
(b)
An ex parte civil stalking injunction is effective upon service.
(c)
If a hearing is not requested in writing by the respondent within 10 days after the day 
on which the ex parte civil stalking injunction is served, the ex parte civil stalking 
injunction automatically becomes a civil stalking injunction without further notice to 
the respondent and expires three years after the day on which the ex parte civil 
stalking injunction is served.
(7)
(8)
(a)
If the respondent requests a hearing after the 10-day period after service, the 
court shall set a hearing within a reasonable time from the date requested.
(b)
At the hearing, the burden is on the respondent to show good cause why the civil 
stalking injunction should be dissolved or modified.
(8)
(9)
(a)
Within 24 hours after the affidavit or acceptance of service is returned, 
excluding weekends and holidays, the clerk of the court from which the ex parte civil 
stalking injunction was issued shall enter a copy of the ex parte civil stalking 
injunction and proof of service or acceptance of service in the statewide network for 
warrants or a similar system.
(b)
The effectiveness of an ex parte civil stalking injunction or civil stalking injunction 
does not depend upon entry of the ex parte civil stalking injunction or civil stalking 
injunction in the statewide system and, for enforcement purposes, a certified copy of 
an ex parte civil stalking injunction or civil stalking injunction is presumed to be a 
valid existing order of the court for a period of three years after the day on which the 
ex parte civil stalking injunction is served on the respondent.
(c)
(i)
Any changes or modifications of the ex parte civil stalking injunction are 
effective upon service on the respondent.
(ii)
The original ex parte civil stalking injunction continues in effect until service of 
the changed or modified civil stalking injunction on the respondent.
(9)
(10)
Within 24 hours after the affidavit or acceptance of service is returned, excluding 
weekends and holidays, the clerk of the court shall enter a copy of the changed or 
modified civil stalking injunction and proof of service or acceptance of service in the 
statewide network for warrants or a similar system.
(10)
(11)
The ex parte civil stalking injunction or civil stalking injunction may be 
dissolved at any time upon application of the petitioner to the court that granted the ex 
parte civil stalking injunction or civil stalking injunction.
(11)
(12)
An ex parte civil stalking injunction and a civil stalking injunction shall be 
served by a sheriff or constable in accordance with this section.
(12)
(13)
The remedies provided in this chapter for enforcement of the orders of the court 
are in addition to any other civil and criminal remedies available.
(13)
(14)
The court shall hear and decide all matters arising under this section.
(14)
(15)
After a hearing with notice to the affected party, the court may enter an order 
requiring any party to pay the costs of the action, including reasonable attorney fees.
(15)
(16)
This section does not apply to preliminary injunctions issued under an action for 
dissolution of marriage or legal separation.
Section 3. 
Effective Date.
This bill takes effect on 
May 7, 2025
.
3-6-25 2:11 PM