Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 305 (2025GS)

Sponsor

Rep. Moss, Carol S.

Final action

House/ filed 3/7/2025

Outcome

Failed / filed without passage

Summary

What it does

• This bill:
• amends the definition of cohabitant;
• defines terms related to the definition of cohabitant; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

4
76-2-409
78B-7-102
Cohabitant Definition Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Carol S. Moss
LONG TITLE
General Description:
This bill addresses the definition of cohabitant.
Highlighted Provisions:
This bill:
amends the definition of cohabitant;
defines terms related to the definition of cohabitant; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
76-2-409
, as enacted by Laws of Utah 2020, Chapter 411
78B-7-102
, as last amended by Laws of Utah 2023, Chapter 170
Be it enacted by the Legislature of the state of Utah:
Section 1, Section 
76-2-409
 is amended to read:
76-2-409. Battered person mitigation.
(1)
As used in this section:
(a)
"Abuse" means the same as that term is defined in Section 
78B-7-102
.
(b)
"Cohabitant" means:
(i)
the same as that term is defined in Section 
78B-7-102
; or
(ii)
the relationship of a minor and a natural parent, an adoptive parent, a stepparent, 
or an individual living with the minor's natural parent as if a stepparent to the 
minor.
(b)
(i)
"Cohabitant" means the same as that term is defined in Section 
78B-7-102
.
(ii)
"Cohabitant" includes, notwithstanding the definition in Section 
78B-7-102
:
(A)
an individual who is a minor child if the individual's parent committed the 
criminal offense; or
(B)
if the individual who committed the offense is a minor child, an individual 
who is the parent or stepparent of the minor child or an individual living with 
the minor child's parent as if a stepparent to the minor child.
(c)
"Minor child" means the same as that term is defined in Section 
81-1-101
.
(d)
"Parent" means the same as that term is defined in Section 
81-1-101
.
(2)
(a)
An individual is entitled to battered person mitigation if:
(i)
the individual committed a criminal offense that was not legally justified;
(ii)
the individual committed the criminal offense against a cohabitant who 
demonstrated a pattern of abuse against the individual or another cohabitant of the 
individual; and
(iii)
the individual reasonably believed that the criminal offense was necessary to end 
the pattern of abuse.
(b)
A reasonable belief under Subsection 
(2)(a)
 is determined from the viewpoint of a 
reasonable person in the individual's circumstances, as the individual's circumstances 
are perceived by the individual.
(3)
An individual claiming mitigation under Subsection 
(2)(a)
 has the burden of proving, by 
clear and convincing evidence, each element that would entitle the individual to 
mitigation under Subsection 
(2)(a)
.
(4)
Mitigation under Subsection 
(2)(a)
 results in a one-step reduction of the level of offense 
of which the individual is convicted.
(5)
(a)
If the trier of fact is a jury, an individual is not entitled to mitigation under 
Subsection 
(2)(a)
 unless the jury:
(i)
finds the individual proved, in accordance with Subsection 
(3)
, that the individual 
is entitled to mitigation by unanimous vote; and
(ii)
returns a special verdict for the reduced charge at the same time the jury returns 
the general verdict.
(b)
A nonunanimous vote by the jury on the question of mitigation under Subsection 
(2)(a)
 does not result in a hung jury.
(6)
An individual intending to claim mitigation under Subsection 
(2)(a)
 at the individual's 
trial shall give notice of the individual's intent to claim mitigation under Subsection 
(2)(a)
 to the prosecuting agency at least 30 days before the individual's trial.
Section 2, 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
;
(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:
individual who:
(i)
is emancipated as described in Section 
15-2-1
 or is 16 years old or older; and
(i)
(ii)
(A)
is or was a spouse of the other party;
(ii)
(B)
is or was living as if a spouse of the other party;
(iii)
(C)
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)
(D)
has or had one or more children in common with the other party;
(v)
(E)
is the biological parent of the other party's unborn child;
(vi)
(F)
resides or has resided in the same residence as the other party; or
(vii)
(G)
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.
(b)
"Cohabitant" does not include, if the other party is younger than 18 years old:
(i)
 an individual who is the parent or step-parent of the other party; or
(ii)
an individual who is younger than 18 years old and is the sibling, step-sibling, or 
foster sibling of the other party.
(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
;
(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)
"Parent" means the same as that term is defined in Section 
81-1-101
.
(19)
(20)
"Peace officer" means 
those individuals specified
an individual described
 in 
Title 53, Chapter 13, Peace Officer Classifications
.
(20)
(21)
"Qualifying domestic violence offense" means the same as that term is defined in 
Section 
77-36-1.1
.
(21)
(22)
"Respondent" means the individual against whom enforcement of a protective 
order is sought.
(22)
(23)
"Stalking" means the same as that term is defined in Section 
76-5-106.5
.
Section 3. 
Effective Date.
This bill takes effect on 
May 7, 2025
.
1-23-25 9:45 AM