Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 68 (2025GS)

Sponsor

Sen. Vickers, Evan J.

Final action

Governor Signed 3/27/2025

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• separates the crime of assault or threat of violence against a child welfare worker into two sections;
• amends the elements required to commit the offense of assault against a child welfare worker and includes committing an assault against a family member of a child welfare worker as part of the offense;
• amends the current statutory requirements for the offense of threatening a child welfare worker to include threatening a family member of a child welfare worker as part of the offense; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

5
76-8-318
76-8-318.5
76-8-318
76-8-318.5
Child Welfare Worker Protections
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Evan J. Vickers
House Sponsor: Tyler Clancy
LONG TITLE
General Description:
This bill addresses certain crimes committed against child welfare workers.
Highlighted Provisions:
This bill:
separates the crime of assault or threat of violence against a child welfare worker into two 
sections;
amends the elements required to commit the offense of assault against a child welfare 
worker and includes committing an assault against a family member of a child welfare 
worker as part of the offense;
amends the current statutory requirements for the offense of threatening a child welfare 
worker to include threatening a family member of a child welfare worker as part of the 
offense; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
76-8-318
, as last amended by Laws of Utah 2024, Chapter 96
ENACTS:
76-8-318.5
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1, Section 
76-8-318
 is amended to read:
76-8-318. Assault against a child welfare worker or a family member of a child 
welfare worker.
(1)
(a)
As used in this section:
(i)
"Assault" means an offense under Section 
76-5-102
.
(ii)
"Child welfare worker" means an employee of the Division of Child and Family 
Services created in Section 
80-2-201
.
(iii)
"Threat of violence" means an offense under Section 
76-5-107
.
(iii)
"Family member" means an individual's spouse, surviving spouse, parent, 
grandparent, sibling, child, or any other individual related to the individual by 
consanguinity or affinity to the second degree.
(b)
Terms defined in Sections 
76-1-101.5
 and 
76-8-101
 apply to this section.
(2)
An actor commits assault 
or threat of violence 
against 
a 
child welfare worker
 or a 
family member of a child welfare worker
 if:
(a)
the actor is not:
(i)
a prisoner or an individual detained under Section 
77-7-15
; or
(ii)
a minor in the custody of or receiving services from a division within the 
Department of Health and Human Services;
(a)
the actor commits, or attempts to commit, an assault against a child welfare worker 
or a family member of a child welfare worker;
(b)
the actor 
knew
knows
 that the 
victim was 
individual described in Subsection (2)(a) 
is 
a child welfare worker
 or a family member of a child welfare worker
; and
(c)
the child welfare worker was acting within the scope of the child welfare worker's 
authority at the time of the assault or threat of violence.
(c)
the assault, or attempted assault, described in Subsection (2)(a) is committed:
(i)
against a child welfare worker at the time the child welfare worker is acting within 
the scope of the child welfare worker's authority; or
(ii)
against a child welfare worker or a family member of the child welfare worker 
with the intent to:
(A)
impede, intimidate, or interfere with the performance of the child welfare 
worker's official duties; or
(B)
retaliate against the child welfare worker because of the performance of the 
child welfare worker's official duties.
(3)
(a)
Except as provided in Subsection (3)(b), a violation of Subsection (2) is a class A 
misdemeanor.
(b)
A violation of Subsection (2) is a third degree felony if the actor:
(i)
causes substantial bodily injury; and
(ii)
acts intentionally or knowingly.
(4)
This section does not apply to an actor who is a minor in the custody of, or receiving 
services from, a division within the Department of Health and Human Services.
Section 2, Section 
76-8-318.5
 is enacted to read:
76-8-318.5. Threat of violence against a child welfare worker or a family 
member of a child welfare worker.
(1)
(a)
As used in this section:
(i)
"Child welfare worker" means the same as that term is defined in Section 
76-8-318
.
(ii)
"Family member" means the same as that term is defined in Section 
76-8-318
.
(b)
Terms defined in Sections 
76-1-101.5
 and 
76-8-101
 apply to this section.
(2)
An actor commits a threat of violence against a child welfare worker if:
(a)
the actor knowingly or intentionally threatens to commit an offense against a child 
welfare worker or a family member of a child welfare worker:
(i)
described in Title 76, Chapter 5, Part 4, Sexual Offenses; or
(ii)
involving bodily injury, death, or substantial property damage;
(b)
the actor knows, or reasonably should know, that the individual described in 
Subsection 
(2)(a)
 is a child welfare worker or a family member of a child welfare 
worker;
(c)
the threat described in Subsection (2)(a) would cause a reasonable person:
(i)
to fear the infliction of harm or violence; or
(ii)
to suffer emotional distress;
(d)
the actor knows, or reasonably should know, the threat described in Subsection (2)(a) 
would cause a reasonable person to:
(i)
fear the infliction of harm or violence; or
(ii)
suffer emotional distress; and
(e)
the threat described in Subsection (2)(a) is threatened:
(i)
against a child welfare worker at the time the child welfare worker is acting within 
the scope of the child welfare worker's authority; or
(ii)
against a child welfare worker or a family member of the child welfare worker 
with the intent to:
(A)
impede, intimidate, or interfere with the performance of the child welfare 
worker's official duties; or
(B)
retaliate against the child welfare worker because of the performance of the 
child welfare worker's official duties.
(3)
A violation of Subsection (2) is a class A misdemeanor.
(4)
It is not a defense to Subsection (2) that the actor did not attempt to carry out the threat 
or was incapable of carrying out the threat.
(5)
(a)
Subject to Subsection 
(5)(b)
, in addition to another penalty authorized by law, a 
court shall order an actor convicted under Subsection 
(2)
 to pay restitution to any 
entity or individual for expenses or losses incurred as a result of responding to the 
threat, unless the court states on the record the reasons why the reimbursement would 
be inappropriate.
(b)
Any restitution ordered in the case of a minor adjudicated for a violation of 
Subsection (2) shall be determined in accordance with Section 
80-6-710
.
(6)
An actor who commits an offense under Subsection (2) is subject to punishment for that 
offense described in Subsection (3), in addition to any other offense committed, 
including the carrying out of the threatened act.
(7)
A threat described in Subsection (2):
(a)
may be express or implied; and
(b)
does not need to be communicated directly to the threatened individual.
Section 3. 
Effective Date.
This bill takes effect on 
May 7, 2025
.
2-12-25 11:39 AM