Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 123 (2025GS)

Sponsor

Sen. Pitcher, Stephanie

Final action

Governor Signed 3/25/2025

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• requires a court to include certain provisions in a criminal pretrial protective order to address a utility service for a victim's residence; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

3
78B-7-803
Criminal Protective Order Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Stephanie Pitcher
House Sponsor: Grant Amjad Miller
LONG TITLE
General Description:
This bill addresses criminal protective orders.
Highlighted Provisions:
This bill:
requires a court to include certain provisions in a criminal pretrial protective order to 
address a utility service for a victim's residence; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
78B-7-803
, as last amended by Laws of Utah 2023, Chapters 114, 447
Be it enacted by the Legislature of the state of Utah:
Section 1, Section 
78B-7-803
 is amended to read:
78B-7-803. Pretrial protective orders.
(1)
(a)
When an alleged perpetrator is charged with a crime involving a qualifying 
offense, the court shall, at the time of the alleged perpetrator's court appearance under 
Section 
77-36-2.6
:
(i)
determine the necessity of imposing a pretrial protective order or other condition 
of pretrial release; and
(ii)
state the court's findings and determination in writing.
(b)
Except as provided in Subsection 
(4)
(5)
, in any criminal case, the court may, 
during any court hearing where the alleged perpetrator is present, issue a pretrial 
protective order, pending trial.
(c)
When determining the necessity of imposing a pretrial protective order or other 
condition of pretrial release, a court may consider the results of any relevant lethality 
assessment conducted in accordance with Section 
77-36-2.1
.
(2)
A
The
 court may include any of the following provisions in a pretrial protective order:
(a)
an order enjoining the alleged perpetrator from threatening to commit or committing 
acts of domestic violence or abuse against the victim and any designated family or 
household member;
(b)
an order prohibiting the alleged perpetrator from harassing, telephoning, contacting, 
or otherwise communicating with the victim, directly or indirectly;
(c)
an order removing and excluding the alleged perpetrator from the victim's residence 
and the premises of the residence;
(d)
an order requiring the alleged perpetrator to stay away from the victim's residence, 
school, or place of employment, and the premises of any of these, or any specified 
place frequented by the victim and any designated family member;
(e)
an order for any other relief that the court considers necessary to protect and provide 
for the safety of the victim and any designated family or household member;
(f)
an order identifying and requiring an individual designated by the victim to 
communicate between the alleged perpetrator and the victim if and to the extent 
necessary for family related matters;
(g)
an order requiring the alleged perpetrator to participate in an electronic or other type 
of monitoring program; and
(h)
if the alleged victim and the alleged perpetrator share custody of one or more minor 
children, an order for indirect or limited contact to temporarily facilitate parent 
visitation with a minor child.
(3)
(a)
If a court orders the removal and exclusion of the alleged perpetrator from the 
victim's residence in a pretrial protective order described in Subsection 
(2)
, the court 
shall include a provision in the pretrial protective order:
(i)
prohibiting the alleged perpetrator from terminating any utility service to the 
victim's residence for at least 60 days from the day on which the pretrial protective 
order is issued; or
(ii)
if appropriate, ordering the alleged perpetrator to restore any utility service to the 
victim's residence.
(b)
A provision in a pretrial protective order described Subsection 
(3)
(a)(i) or (ii) is not a 
determination that the alleged perpetrator is responsible for the costs of a utility 
service to a victim's residence.
(c)
If the court includes a provision described in Subsection 
(3)(a)
 in a pretrial protective 
order, the court may include:
(i)
a provision in the pretrial protective order addressing the party responsible for 
paying the costs of a utility service to the victim's residence; or
(ii)
a provision in the pretrial protective order requiring the alleged perpetrator to pay 
the costs of restoring a utility service if the court includes the provision described 
in Subsection 
(3)(a)(ii)
.
(3)
(4)
If the court issues a pretrial protective order, the court shall determine whether to 
allow provisions for transfer of personal property to decrease the need for contact 
between the parties.
(4)
(5)
A pretrial protective order issued under this section against an alleged perpetrator 
who is a minor expires on the earlier of:
(a)
the day on which the alleged perpetrator is served with an order issued under Section 
78B-7-804
 or 
78B-7-805
;
(b)
the day on which the court makes a disposition of the alleged perpetrator's case under 
Title 80, Chapter 6, Part 7, Adjudication and Disposition
; or
(c)
the day on which the juvenile court terminates jurisdiction.
(5)
(6)
A pretrial protective order issued under this section against an alleged perpetrator 
who is not a minor expires on the earliest of:
(a)
the day on which the court dismisses the case;
(b)
the day on which the court dismisses the pretrial protective order; or
(c)
the day on which the alleged perpetrator is served with an order issued under Section 
78B-7-804
 or 
78B-7-805
.
Section 2. 
Effective date.
This bill takes effect on 
May 7, 2025
.
2-10-25 12:06 PM