Public Safety Modifications

44
76-1-202
76-1-402
76-2-409
77-20-102
77-20-201
77-20-204
77-36-1
77-36-2.2
77-36-2.6
78B-7-102
78B-7-801
78B-7-802
78B-7-1101
78B-7-1103
78B-7-1105
78B-7-1109
HB0539
HB0221
77-36-1 (05/06/26)
HB0539
HB0090
77-36-1 (05/06/26)
0
Public Safety Modifications
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Matt MacPherson
Senate Sponsor: Brady Brammer
LONG TITLE
General Description:
This bill amends provisions related to public safety.
Highlighted Provisions:
This bill:
modifies the venue for a criminal action;
clarifies the definition of cohabitant for the battered person mitigation statute;
defines and modifies terms related to domestic violence, including expanding the
definition of a domestic violence offense;
addresses the right to bail for a domestic violence offense;
clarifies a term regarding a predominant aggressor when a law enforcement officer is
responding to multiple incidents of domestic violence;
modifies the requirements for responding to an allegation of a domestic violence offense;
amends the appearance requirements for a domestic violence offense;
clarifies and amends definitions for protective order statutes, including the definition of
cohabitant;
amends the requirements for a workplace violence protective order;
provides that a jail release agreement may not prohibit an individual arrested or cited for
the commission of domestic violence in the presence of a child from communicating
with a minor child in certain circumstances;
prohibits a parent from waiving the conditions of a jail release agreement when the minor
child is the alleged victim and the parent was arrested or cited for the qualifying offense;
makes technical and conforming changes;
includes a coordination clause to modify a definition if this bill and H.B. 221, Coercion
Amendments, both pass and become law; and
includes a coordination clause to modify a definition if this bill and H.B. 90, Sexual
Offenses Amendments, both pass and become law.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides coordination clauses.
Utah Code Sections Affected:
AMENDS:
76-1-202
, as last amended by Laws of Utah 2025, Chapter 291
76-1-402
, as last amended by Laws of Utah 2025, Chapter 302
76-2-409
, as enacted by Laws of Utah 2020, Chapter 411
77-20-102
, as last amended by Laws of Utah 2025, Chapter 526
77-20-201
, as last amended by Laws of Utah 2025, Chapter 227
77-20-204
, as last amended by Laws of Utah 2025, Chapter 243
77-36-1
, as last amended by Laws of Utah 2025, Chapters 173, 208 and 277
77-36-2.2
, as last amended by Laws of Utah 2023, Chapter 447
77-36-2.6
, as last amended by Laws of Utah 2021, Chapter 159
78B-7-102
, as last amended by Laws of Utah 2025, Chapters 212, 332
78B-7-801
, as last amended by Laws of Utah 2025, Chapters 173, 284
78B-7-802
, as last amended by Laws of Utah 2021, Second Special Session, Chapter 4
78B-7-1101
, as enacted by Laws of Utah 2023, Chapter 170
78B-7-1103
, as enacted by Laws of Utah 2023, Chapter 170
78B-7-1105
, as enacted by Laws of Utah 2023, Chapter 170
78B-7-1109
, as enacted by Laws of Utah 2023, Chapter 170
Utah Code Sections Affected by Coordination Clause:
77-36-1 (05/06/26)
, as last amended by Laws of Utah 2025, Chapters 173, 208 and 277
Be it enacted by the Legislature of the state of Utah:
Section 1. Section
76-1-202
is amended to read:
76-1-202
. Venue for a criminal action.
(1)
As used in this section, "body of water" includes any stream, river, lake, or reservoir,
whether natural or man-made.
(1)
(2)
Criminal actions
A criminal action
shall be tried in the county,
judicial
district, or
precinct
where
in which
the offense is alleged to have been committed.
(3)
(a)
In determining the proper place of trial
, the following provisions shall apply:
for
a criminal action, this Subsection
(3)
shall apply.
(a)
(b)
If the commission of an offense commenced outside the state is consummated
within this state, the
offender
actor
shall be tried in the county
where
in which
the
offense is consummated.
(b)
(c)
When conduct constituting elements of an offense or results that constitute
elements, whether the conduct or result constituting elements is in itself unlawful,
shall occur in two or more counties, trial of the offense may be held in any of the
counties concerned.
(c)
(d)
If
a person
an actor
committing an offense upon
the person of another
a
person
is located in one county and
his victim
the person
is located in another
county at the time of the commission of the offense,
the
trial may be held in either
county.
(d)
(e)
If a cause of death is inflicted in one county and death ensues in another county,
the
offender
actor
may be tried in either county.
(e)
(f)
A person
An actor
who commits an inchoate offense may be tried in any county
in which any act that is an element of the offense, including the agreement in
conspiracy, is committed.
(f)
(g)
Where a person
If an actor
in one county solicits, aids, abets, agrees, or attempts
to aid another in the planning or commission of an offense in another county,
he
the
actor
may be tried for the offense in either county.
(g)
(h)
(i)
When
If
an offense is committed within this state and it cannot be readily
determined in which county or
judicial
district the offense occurred,
the
following provisions shall be applicable:
this Subsection
(3)(h)
shall apply.
(i)
(ii)
When
If
an offense is committed upon any railroad car, vehicle, watercraft,
or aircraft passing within this state, the
offender
actor
may be tried in any county
through which such railroad car, vehicle, watercraft, or aircraft has passed.
(ii)
(iii)
When
If
an offense is committed on any body of water bordering on or
within this state, the
offender
actor
may be tried in any county adjacent to
such
the
body of water.
The words "body of water" shall include but not be limited to
any stream, river, lake, or reservoir, whether natural or man-made.
(iii)
(iv)
A person
An actor
who commits theft may be tried in any county in which
he
the actor
exerts control over the property affected.
(iv)
(v)
If an offense is committed on or near the boundary of two or more counties,
the
trial of the offense may be held in any of such counties.
(v)
(vi)
For any other offense,
the
trial may be held in the county in which the
defendant
actor
resides, or, if
he
the actor
has no fixed residence, in the county in
which
he
the actor
is apprehended or to which
he
the actor
is extradited.
(h)
(i)
A person
An actor
who commits an offense based on Chapter 6, Part 11,
Identity Fraud Act, may be tried in the county:
(i)
where the victim's personal identifying information was obtained;
(ii)
where the
defendant
actor
used or attempted to use the personally identifying
information;
(iii)
where the victim of the identity fraud resides or is found; or
(iv)
if multiple offenses of identity fraud occur in multiple jurisdictions, in any
county where the victim's identity was used or obtained, or where the victim
resides or is found.
(i)
(j)
For the purpose of establishing venue for a violation of Section
53-29-304

concerning sex offender, kidnap offender, or child abuse offender registration, the
offense is considered to be committed:
(i)
at the most recent registered primary residence of the offender, if the actual
location of the offender at the time of the violation is not known; or
(ii)
at the location of the offender at the time the offender is apprehended.
(4)
(a)
A criminal action for multiple offenses may be tried in any county or precinct
within a judicial district if:
(i)
the offenses were committed within the judicial district;
(ii)
the offenses may be joined in the same information or indictment under Section
77-8a-1
; and
(iii)
the prosecuting agencies for the jurisdictions in which any of the offenses were
committed consent to the place of trial.
(b)
A criminal action for multiple offenses shall be tried in any county or precinct within
a judicial district if:
(i)
the offenses were committed within the judicial district; and
(ii)
the prosecution meets the requirements of Section
76-1-402
.
(2)
(5)
All objections of improper place of trial are waived by a defendant unless made
before trial.
Section 2. Section
76-1-402
is amended to read:
76-1-402
. Separate offenses arising out of single criminal episode -- Included
offenses.
(1)
(a)
A defendant may be prosecuted in a single criminal action for all separate offenses
arising out of a single criminal episode
; however,
.
(b)
Notwithstanding Subsection
(1)(a)
,
when the same act of a defendant under a single
criminal episode shall establish offenses
which
that
may be punished in different
ways under different provisions of
this code,
the Utah Code,
the act shall be
punishable under only one such provision
;
and
an acquittal or conviction and
sentence under any such provision bars a prosecution under any other such provision.
(2)
Whenever conduct may establish separate offenses under a single criminal episode,
unless the court otherwise orders to promote justice, a defendant shall not be subject to
separate trials for multiple offenses when
Unless the court otherwise orders separate
trials to promote justice, a defendant may not be subject to separate trials for separate
offenses arising out a single criminal episode if
:
(a)
the offenses are within the jurisdiction of a single court;
(b)
venue for the offenses is proper in a single court under Section
76-1-202
;
and
(b)
(c)
the offenses are known to the prosecuting attorney at the time the defendant is
arraigned on the first information or indictment.
(3)
(a)
A defendant may be convicted of an offense included in the offense charged but
may not be convicted of both the offense charged and the included offense.
(b)
An offense is
so
included
in the offense charged
when:
(a)
(i)
it
the offense
is established by proof of the same or less than all
of
the facts
required to establish the commission of the offense charged;
or
(b)
(ii)
it
the offense
constitutes an attempt, solicitation, conspiracy, or form of
preparation to commit the offense charged or an offense otherwise included
therein; or
(c)
(iii)
it
the offense
is specifically designated by a statute as a lesser included
offense.
(4)
The court shall not be obligated to charge the jury with respect to an included offense
unless there is a rational basis for a verdict acquitting the defendant of the offense
charged and convicting the defendant of the included offense.
(5)
If the district court on motion after verdict or judgment, or an appellate court on appeal
or certiorari,
shall determine
determines
that there is insufficient evidence to support a
conviction for the offense charged but that there is sufficient evidence to support a
conviction for an included offense and the trier of fact necessarily found every fact
required for conviction of that included offense, the verdict or judgment of conviction
may be set aside or reversed and a judgment of conviction entered for the included
offense, without necessity of a new trial, if such relief is sought by the defendant.
Section 3. 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 the term is defined in Section
78B-7-102
.
(ii)
"Cohabitant" includes, notwithstanding the definition in Section
78B-7-102
, an
individual who is:
(A)
a minor when the minor's parent or stepparent, or an individual living with the
minor's parent as if a stepparent to the minor, committed the criminal offense;
or
(B)
a parent or stepparent of a minor, or an individual living with a parent of a
minor as if a stepparent to the minor, when the minor committed the criminal
offense.
(c)
"Minor" means an individual who is younger than 18 years old.
(d)
"Parent" means an individual with an established parent-child relationship as
described in Section
81-5-201
.
(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 4. Section
77-20-102
is amended to read:
77-20-102
. Definitions.
As used in this chapter:
(1)
"Bail" means pretrial release.
(2)
"Bail bond" means the same as that term is defined in Section
31A-35-102
.
(3)
"Bail bond agency" means the same as that term is defined in Section
31A-35-102
.
(4)
"Bail bond producer" means the same as that term is defined in Section
31A-35-102
.
(5)
"County jail official" means a county sheriff or the county sheriff's designee.
(6)
"Domestic violence offense" means the same as that term is defined in Section
77-36-1
.
(6)
(7)
"Exonerate" means to release and discharge a surety, or a surety's bail bond
producer, from liability for a bail bond.
(7)
(8)
"Financial condition" means any monetary condition that is imposed to secure an
individual's pretrial release.
(8)
(9)
"Forfeiture" means:
(a)
to divest an individual or surety from a right to the repayment of monetary bail; or
(b)
to enforce a pledge of assets or real or personal property from an individual or surety
used to secure an individual's pretrial release.
(9)
(10)
"Magistrate" means the same as that term is defined in Section
77-1-3
.
(10)
(11)
(a)
"Material change in circumstances" includes:
(i)
a preliminary examination in which relevant evidence is presented that:
(A)
is material to the factors or considerations provided in Section
77-20-201
; and
(B)
was not known to the court at the time the pretrial status order was issued;
(ii)
an unreasonable delay in prosecution that is not attributable to the defendant;
(iii)
a material change in the risk that an individual poses to a victim, a witness, or the
public if released due to the passage of time or any other relevant factor;
(iv)
a material change in the conditions of release or the services that are reasonably
available to the defendant if released;
(v)
a willful or repeated failure by the defendant to appear at required court
appearances; or
(vi)
any other material change related to the defendant's risk of flight or danger to any
other individual or to the community if released.
(b)
"Material change in circumstances" does not include any fact or consideration that is
known at the time that the pretrial status order is issued.
(11)
(12)
"Monetary bail" means a financial condition.
(12)
(13)
"No bail hold" means an order with the restrictions described in Subsection
(18)(c)
(19)(c)
.
(13)
(14)
"Own recognizance" means the release of an individual without any condition of
release other than the individual's promise to:
(a)
appear for all required court proceedings; and
(b)
not commit any criminal offense.
(14)
(15)
"Pretrial detention hearing" means a hearing described in Section
77-20-206
.
(15)
(16)
"Pretrial release" means the release of an individual from law enforcement
custody during the time the individual awaits trial or other resolution of criminal charges.
(16)
(17)
"Pretrial risk assessment" means an objective, research-based, validated
assessment tool that measures an individual's risk of flight and risk of anticipated
criminal conduct while on pretrial release.
(17)
(18)
"Pretrial services program" means a program that is established to:
(a)
gather information on individuals booked into a jail facility;
(b)
conduct pretrial risk assessments; and
(c)
supervise individuals granted pretrial release.
(18)
(19)
"Pretrial status order" means an order issued by a magistrate or judge that:
(a)
releases the individual on the individual's own recognizance while the individual
awaits trial or other resolution of criminal charges;
(b)
sets the terms and conditions of the individual's pretrial release while the individual
awaits trial or other resolution of criminal charges; or
(c)
denies pretrial release and orders that the individual be detained while the individual
awaits trial or other resolution of criminal charges.
(19)
(20)
"Principal" means the same as that term is defined in Section
31A-35-102
.
(20)
(21)
"Surety" means a surety insurer or a bail bond agency.
(21)
(22)
"Surety insurer" means the same as that term is defined in Section
31A-35-102
.
(22)
(23)
"Temporary pretrial status order" means an order issued by a magistrate that:
(a)
releases the individual on the individual's own recognizance until a pretrial status
order is issued;
(b)
sets the terms and conditions of the individual's pretrial release until a pretrial status
order is issued; or
(c)
denies pretrial release and orders that the individual be detained until a pretrial status
order is issued.
(23)
(24)
"Unsecured bond" means an individual's promise to pay a financial condition if
the individual fails to appear for any required court appearance.
Section 5. Section
77-20-201
is amended to read:
77-20-201
. Right to bail -- Capital felony.
(1)
An individual charged with, or arrested for, a criminal offense shall be admitted to bail
as a matter of right, except if the individual is charged with:
(a)
a capital felony when there is substantial evidence to support the charge;
(b)
a felony committed while on parole or on probation for a felony conviction, or while
free on bail awaiting trial on a previous felony charge, when there is substantial
evidence to support the current felony charge;
(c)
a felony when there is substantial evidence to support the charge and the court finds,
by clear and convincing evidence, that:
(i)
the individual would constitute a substantial danger to any other individual or to
the community after considering available conditions of release that the court may
impose if the individual is released on bail; or
(ii)
the individual is likely to flee the jurisdiction of the court if the individual is
released on bail;
(d)
a felony when there is substantial evidence to support the charge and the court finds,
by clear and convincing evidence, that the individual violated a material condition of
release while previously on bail;
(e)
a domestic violence offense if:
(i)
there is substantial evidence to support the charge; and
(ii)
the court finds, by clear and convincing evidence, that the individual would
constitute a substantial danger to an alleged victim of
the
domestic violence

offense or to the community
after considering available conditions of release that
the court may impose if the individual is released on bail;
(f)
the offense of driving under the influence or driving with a measurable controlled
substance in the body if:
(i)
the offense results in death or serious bodily injury to an individual;
(ii)
there is substantial evidence to support the charge; and
(iii)
the court finds, by clear and convincing evidence, that the individual would
constitute a substantial danger to the community after considering available
conditions of release that the court may impose if the individual is released on
bail;
(g)
a felony violation of Section
76-9-101
if:
(i)
there is substantial evidence to support the charge; and
(ii)
the court finds, by clear and convincing evidence, that the individual is not likely
to appear for a subsequent court appearance; or
(h)
except as provided in Subsection
(4)
, the offense of driving under the influence or
driving with a measurable controlled substance in the body:
(i)
if committed while on parole or on probation for a driving under the influence or
driving with a measurable controlled substance in the body conviction; or
(ii)
while the individual is out of custody awaiting trial on a previous driving under
the influence or driving with a measurable controlled substance in the body
charge, when the court finds there is substantial evidence to support the current
charge.
(2)
Notwithstanding any other provision of this section, there is a rebuttable presumption
that
:
(a)

an individual is a substantial danger to the community under Subsection
(1)(f)(iii)
:
(a)
(i)
as long as the individual has a blood or breath alcohol concentration of .05
grams or greater if the individual is arrested for, or charged with, the offense of
driving under the influence and the offense resulted in death or serious bodily
injury to an individual; or
(b)
(ii)
if the individual has a measurable amount of controlled substance in the
individual's body, the individual is arrested for, or charged with, the offense of
driving with a measurable controlled substance in the body and the offense
resulted in death or serious bodily injury to an individual
.
; or
(b)
an individual is a substantial danger to an alleged victim of the domestic violence
offense, or to the community, under Subsection
(1)(e)(ii)
if:
(i)
the domestic violence offense is a felony or class A misdemeanor offense; and
(ii)
the court finds, by clear and convincing evidence, that the offense is committed
while:
(A)
the individual is on parole or probation for a conviction of a domestic violence
offense; or
(B)
the individual is on pretrial release on a previous charge for a domestic
violence offense.
(3)
For purposes of Subsection
(1)(a)
, any arrest or charge for a violation of Section
76-5-202
, aggravated murder, is a capital felony unless:
(a)
the prosecuting attorney files a notice of intent to not seek the death penalty; or
(b)
the time for filing a notice to seek the death penalty has expired and the prosecuting
attorney has not filed a notice to seek the death penalty.
(4)
For purposes of Subsection
(1)(h)
, there is a rebuttable presumption that an individual
would not constitute a substantial danger to any other person or the community if:
(a)
the court orders the
person
individual
to participate in an inpatient drug and alcohol
treatment program; or
(b)
the court orders the
person
individual
to participate in home confinement through
the use of electronic monitoring as described in Section
41-6a-506
.
(5)
For purposes of a determination under Subsection
(1)(c)(ii)
, there is a rebuttable
presumption that an individual is at risk of fleeing the jurisdiction if the individual is not
lawfully present in the United States.
Section 6. Section
77-20-204
is amended to read:
77-20-204
. County jail authority to release an individual from jail on monetary
bail.
(1)
As used in this section, "eligible felony offense" means a third degree felony violation
under:
(a)
Section
23A-4-501
or
23A-4-502
;
(b)
Section
23A-5-311
;
(c)
Section
23A-5-313
;
(d)
Title 76, Chapter 6, Part 4, Theft;
(e)
Title 76, Chapter 6, Part 5, Fraud;
(f)
Title 76, Chapter 6, Part 6, Retail Theft;
(g)
Title 76, Chapter 6, Part 7, Utah Computer Crimes Act;
(h)
Title 76, Chapter 6, Part 8, Library Theft;
(i)
Title 76, Chapter 6, Part 9, Cultural Sites Protection;
(j)
Title 76, Chapter 6, Part 10, Mail Box Damage and Mail Theft;
(k)
Title 76, Chapter 6, Part 11, Identity Fraud Act;
(l)
Title 76, Chapter 6, Part 12, Utah Mortgage Fraud Act;
(m)
Title 76, Chapter 6, Part 13, Utah Automated Sales Suppression Device Act;
(n)
Title 76, Chapter 6, Part 14, Regulation of Metal Dealers;
(o)
Title 76, Chapter 7, Offenses Against the Family;
(p)
Title 76, Chapter 7a, Abortion Prohibition;
(q)
Title 76, Chapter 12, Part 2, Electronic Communication Abuse;
(r)
Title 76, Chapter 12, Part 3, Privacy Offenses;
(s)
Title 76, Chapter 13, Offenses Involving Cruelty to Animals; or
(t)
Title 76, Chapter 17, Part 3, Offenses Concerning Pyramid Schemes.
(2)
Except as provided in Subsection
(7)(a)
, a county jail official may fix a financial
condition for an individual if:
(a)
(i)
the individual is ineligible to be released on the individual's own recognizance
under Section
77-20-203
;
(ii)
the individual is arrested for, or charged with:
(A)
a misdemeanor offense under state law, excluding a misdemeanor offense:
(I)
for
domestic violence
a domestic violence offense,
as defined in Section
77-36-1
; or
(II)
for driving under the influence under Title 41, Chapter
6
6a
, Part 5,
Driving Under the Influence and Reckless Driving, or Section
76-5-102.1
; or
(B)
a violation of a city or county ordinance that is classified as a class B or C
misdemeanor offense;
(iii)
the individual agrees in writing to appear for any future criminal proceedings
related to the arrest; and
(iv)
law enforcement has not submitted a probable cause statement to a magistrate; or
(b)
(i)
the individual is arrested for, or charged with, an eligible felony offense;
(ii)
the individual is not on pretrial release for a separate criminal offense;
(iii)
the individual is not on probation or parole;
(iv)
the primary risk posed by the individual is the risk of failure to appear;
(v)
the individual agrees in writing to appear for any future criminal proceedings
related to the arrest; and
(vi)
law enforcement has not submitted a probable cause statement to a magistrate.
(3)
A county jail official may not fix a financial condition at a monetary amount that
exceeds:
(a)
$5,000 for an eligible felony offense;
(b)
$1,950 for a class A misdemeanor offense;
(c)
$680 for a class B misdemeanor offense;
(d)
$340 for a class C misdemeanor offense;
(e)
$150 for a violation of a city or county ordinance that is classified as a class B
misdemeanor; or
(f)
$80 for a violation of a city or county ordinance that is classified as a class C
misdemeanor.
(4)
If an individual is arrested for more than one offense, and the county jail official fixes a
financial condition for release:
(a)
the county jail official shall fix the financial condition at a single monetary amount;
and
(b)
the single monetary amount may not exceed the monetary amount under Subsection
(3)
for the highest level of offense for which the individual is arrested.
(5)
Except as provided in Subsection
(7)(b)
, an individual shall be released if the individual
posts a financial condition fixed by a county jail official in accordance with this section.
(6)
If a county jail official fixes a financial condition for an individual, law enforcement
shall submit a probable cause statement in accordance with Rule 9 of the Utah Rules of
Criminal Procedure after the county jail official fixes the financial condition.
(7)
Once a magistrate begins a review of an individual's case under Rule 9 of the Utah
Rules of Criminal Procedure:
(a)
a county jail official may not fix or modify a financial condition for an individual;
and
(b)
if a county jail official fixed a financial condition for the individual before the
magistrate's review, the individual may no longer be released on the financial
condition.
(8)
A jail facility may not release an individual subject to a 72-hour hold placed on the
individual by the Department of Corrections as described in Section
64-14-205
.
(9)
This section does not prohibit a court and a county from entering into an agreement
regarding release, except that any such agreement shall apply only to an individual who
meets the criteria in an agreement as those criteria existed as of January 1, 2025.
The following section is affected by a coordination clause at the end of this bill.
Section 7. Section
77-36-1
is amended to read:
77-36-1
. Definitions for chapter.
As used in this chapter:
(1)
"Cohabitant" means the same as that term is defined in Section
78B-7-102
.
(2)
"Dangerous weapon" means the same as that term is defined in Section
76-1-101.5
.
(2)
(3)
"Department" means the Department of Public Safety.
(3)
(4)
"Divorced" means an individual who has obtained a divorce under Title 81, Chapter
4, Part 4, Divorce.
(4)
(a)
"Domestic violence" or "domestic violence offense" means any criminal offense
involving violence or physical harm or threat of violence or physical harm, or any
attempt, conspiracy, or solicitation to commit a criminal offense involving violence
or physical harm, when committed by one cohabitant against another.
(b)
"Domestic violence" or "domestic violence offense" includes the commission of or
attempt to commit, any of the following offenses by one cohabitant against another:
(i)
aggravated assault under Section
76-5-103
;
(ii)
aggravated cruelty to an animal under Section
76-13-203
, with the intent to
harass or threaten the other cohabitant;
(iii)
assault under Section
76-5-102
;
(iv)
criminal homicide under Section
76-5-201
;
(v)
harassment under Section
76-5-106
;
(vi)
electronic communication harassment under Sections
76-12-202
,
76-12-203
,
and
76-12-204
;
(vii)
kidnapping, child kidnapping, or aggravated kidnapping under Sections
76-5-301
,
76-5-301.1
, and
76-5-302
;
(viii)
mayhem under Section
76-5-105
;
(ix)
propelling a bodily substance or material, as described in Section
76-5-102.9
;
(x)
sexual offenses under Title 76, Chapter 5, Part 4, Sexual Offenses, and sexual
exploitation of a minor and aggravated sexual exploitation of a minor, as
described in Sections
76-5b-201
and
76-5b-201.1
;
(xi)
stalking under Section
76-5-106.5
;
(xii)
unlawful detention and unlawful detention of a minor under Section
76-5-304
;
(xiii)
violation of a protective order or ex parte protective order under Section
76-5-108
;
(xiv)
an offense against property under Title 76, Chapter 6, Part 1, Property
Destruction, Title 76, Chapter 6, Part 2, Burglary and Criminal Trespass, or Title
76, Chapter 6, Part 3, Robbery;
(xv)
disorderly conduct under Section
76-9-102
, if a conviction or adjudication of
disorderly conduct is the result of a plea agreement in which the perpetrator was
originally charged with a domestic violence offense otherwise described in this
Subsection
(4)
, except that a conviction or adjudication of disorderly conduct as a
domestic violence offense, in the manner described in this Subsection
(4)(b)(xv)
,
does not constitute a misdemeanor crime of domestic violence under 18 U.S.C.
Sec. 921, and is exempt from the federal Firearms Act, 18 U.S.C. Sec. 921 et seq.;
(xvi)
child abuse under Section
76-5-114
;
(xvii)
threatening violence under Section
76-5-107
;
(xviii)
tampering with a witness under Section
76-8-508
;
(xix)
retaliation against a witness, victim, or informant under Section
76-8-508.3
;
(xx)
receiving or soliciting a bribe as a witness under Section
76-8-508.7
;
(xxi)
unlawful distribution of an intimate image under Section
76-5b-203
;
(xxii)
unlawful distribution of a counterfeit intimate image under Section
76-5b-205
;
(xxiii)
threatening with or using a dangerous weapon in a fight or quarrel under
Section
76-11-207
;
(xxiv)
possession of a dangerous weapon with criminal intent under Section
76-11-208
;
(xxv)
improper discharging of a dangerous weapon under Section
76-11-209
;
(xxvi)
voyeurism under Section
76-12-306
;
(xxvii)
recorded or photographed voyeurism under Section
76-12-307
;
(xxviii)
distribution of images obtained through voyeurism under Section
76-12-308
;
(xxix)
damage to or interruption of a communication device under Section
76-6-108
;
or
(xxx)
an offense under Subsection
78B-7-806(1)
.
(c)
"Domestic violence" or "domestic violence offense" does not include:
(i)
enticing a minor under Section
76-5-417
;
(ii)
lewdness under in Section
76-5-419
; or
(iii)
lewdness involving a child under Section
76-5-420
.
(5)
(a)
"Domestic violence offense" or "domestic violence" means:
(i)
an offense involving violence or physical harm, or a threat of violence or physical
harm committed by one cohabitant against another cohabitant; or
(ii)
an attempt, a conspiracy, or a solicitation to commit an offense involving violence
or physical harm committed by one cohabitant against another cohabitant.
(b)
"Domestic violence offense" or "domestic violence" includes the commission of, or
an attempt to commit, an offense by one cohabitant against another cohabitant that is:
(i)
a felony or misdemeanor offense described in:
(A)
Section
76-5-102
, assault;
(B)
Section
76-5-102.9
, propelling a bodily substance or material;
(C)
Section
76-5-103
, aggravated assault;
(D)
Section
76-5-105
, mayhem;
(E)
Section
76-5-106
, harassment;
(F)
Section
76-5-106.5
, stalking;
(G)
Section
76-5-107
, threat of violence;
(H)
Section
76-5-108
, violation of a protective order;
(I)
Section
76-5-111.2
, aggravated abuse of a vulnerable adult;
(J)
Section
76-5-114
, commission of domestic violence in the presence of a child;
(K)
Section
76-5-201
, criminal homicide;
(L)
Section
76-5-301
, kidnapping;
(M)
Section
76-5-302
, aggravated kidnapping;
(N)
Section
76-5-308
, human trafficking for labor;
(O)
Section
76-5-308.1
, human trafficking for sexual exploitation;
(P)
Section
76-5-310
, aggravated human trafficking;
(Q)
Section
76-5-311
, human trafficking of a vulnerable adult;
(R)
Title 76, Chapter 5, Part 4, Sexual Offenses;
(S)
Section
76-5b-203
, distribution of an intimate image;
(T)
Section
76-5b-205
, unlawful distribution of a counterfeit intimate image;
(U)
Title 76, Chapter 6, Part 1, Property Destruction;
(V)
Title 76, Chapter 6, Part 2, Burglary and Criminal Trespass;
(W)
Title 76, Chapter 6, Part 3, Robbery;
(X)
Section
76-8-508
, tampering with a witness;
(Y)
Section
76-8-508.3
, retaliation against a witness, victim, or informant;
(Z)
Section
76-8-508.7
, receiving or soliciting a bribe as a witness;
(AA)
Section
76-9-102
, disorderly conduct, if a conviction or adjudication of
disorderly conduct is the result of a plea agreement in which the actor was
originally charged with an offense otherwise described in this Subsection
(5)
,
except that a conviction or adjudication of disorderly conduct as a domestic
violence offense, in the manner described in this Subsection
(5)(b)(i)(AA)
,
does not constitute a misdemeanor crime of domestic violence under 18 U.S.C.
Sec. 921, and is exempt from the federal Firearms Act, 18 U.S.C. Sec. 921 et
seq.;
(BB)
Section
76-11-207
, threatening with or using a dangerous weapon in a fight
or quarrel;
(CC)
Section
76-11-208
, possession of a deadly weapon with criminal intent;
(DD)
Section
76-12-202
, electronic communication harassment;
(EE)
Title 76, Chapter 12, Part 3, Privacy Offenses;
(FF)
S
ection
76-13-203
, aggravated cruelty to an animal, if the intent is to harass
or threaten the cohabitant;
(GG)
Section
76-11-209
, improper discharging of a dangerous weapon; or
(HH)
Subsection
78B-7-806(1)
, for a violation of a jail release court order or jail
release agreement; or
(ii)
a felony or class A misdemeanor offense described in:
(A)
Section
76-5-111
, abuse of a vulnerable adult;
(B)
Section
76-5-111.3
, personal dignity exploitation of a vulnerable adult; or
(C)
Section
76-5-111.4
, financial exploitation of a vulnerable adult.
(c)
"Domestic violence offense" or "domestic violence" does not include the commission
of, or an attempt to commit, an offense by one cohabitant against another cohabitant
that is:
(i)
a felony or misdemeanor offense described in:
(A)
Section
76-5-417
, enticing a minor;
(B)
Section
76-5-419
, lewdness; or
(C)
Section
76-5-420
, lewdness involving a child; or
(ii)
a class B or class C misdemeanor offense that is described in:
(A)
Section
76-5-111
, abuse of a vulnerable adult;
(B)
Section
76-5-111.3
, personal dignity exploitation of a vulnerable adult; or
(C)
Section
76-5-111.4
, financial exploitation of a vulnerable adult.
(5)
(6)
"Jail release agreement" means the same as that term is defined in Section
78B-7-801
.
(6)
(7)
"Jail release court order" means the same as that term is defined in Section
78B-7-801
.
(7)
(8)
"Marital status" means married and living together, divorced, separated, or not
married.
(8)
(9)
"Married and living together" means a couple whose marriage was solemnized
under Section
81-2-305
or
81-2-407
and who are living in the same residence.
(9)
(10)
"Not married" means any living arrangement other than married and living
together, divorced, or separated.
(10)
(11)
"Protective order" includes an order issued under Subsection
78B-7-804(3)
.
(11)
(12)
"Pretrial protective order" means a written order:
(a)
specifying and limiting the contact
a person
an individual
who has been charged
with a domestic violence offense may have with an alleged victim or other specified
individuals; and
(b)
specifying other conditions of release under Section
78B-7-802
or
78B-7-803
,
pending trial in the criminal case.
(13)
"Protective order" includes an order issued under Subsection
78B-7-804(3)
.
(12)
(14)
"Sentencing protective order" means a written order of the court as part of
sentencing in a domestic violence case that limits the contact an individual who is
convicted or adjudicated of a domestic violence offense may have with a victim or other
specified individuals under Section
78B-7-804
.
(13)
(15)
"Separated" means a couple who have had their marriage solemnized under
Section
81-2-305
or
81-2-407
and who are not living in the same residence.
(16)
"Serious bodily injury" means the same as that term is defined in Section
76-1-101.5
.
(14)
(17)
"Victim" means a cohabitant who has been subjected to domestic violence.
Section 8. Section
77-36-2.2
is amended to read:
77-36-2.2
. Powers and duties of law enforcement officers to arrest -- Reports of
domestic violence cases -- Reports of parties' marital status.
(1)
The primary duty of law enforcement officers responding to a
domestic violence call
call regarding a domestic violence offense
is to protect the victim and enforce the law.
(2)
(a)
In addition to the arrest powers described in Section
77-7-2
, when a peace officer
responds to a
domestic violence call
call regarding a domestic violence offense
and
has probable cause to believe that
an act of domestic violence
a domestic violence
offense
has been committed, the peace officer shall arrest without a warrant
,
or
shall
issue a citation to
,
any
person
individual
that the peace officer has probable cause to
believe has committed
an act of domestic violence
a domestic violence offense
.
(b)
(i)
If the peace officer has probable cause to believe that there will be continued
violence against the alleged victim, or if there is evidence that the perpetrator has
either recently caused serious bodily injury or used a dangerous weapon in the
domestic violence offense, the officer shall
:

(i)
arrest and take the alleged perpetrator into custody
, and
; and
(ii)
may not utilize the option of issuing a citation under this section.
(ii)
For purposes of Subsection
(2)(b)(i)
, "serious bodily injury" and "dangerous
weapon" mean the same as those terms are defined in Section
76-1-101.5
.
(c)
If a peace officer does not immediately exercise arrest powers or initiate criminal
proceedings by citation or otherwise, the officer shall notify the victim of the right to
initiate a criminal proceeding and of the importance of preserving evidence, in
accordance with the requirements of Section
77-36-2.1
.
(3)
(a)
If a law enforcement officer receives complaints of domestic violence
offenses

from two or more opposing persons, the officer shall evaluate each complaint
separately to determine who the predominant aggressor was.
(b)
If the officer determines that one person was the predominant
physical
aggressor,
the officer need not arrest the other person alleged to have committed
domestic
violence
a domestic violence offense
.
(c)
In determining who the predominant aggressor was, the officer shall consider:
(a)
(i)
any prior complaints of
domestic violence
a domestic violence offense
;
(b)
(ii)
the relative severity of injuries inflicted on each person;
(c)
(iii)
the likelihood of future injury to each of the parties; and
(d)
(iv)
whether one of the parties acted in self defense.
(4)
A law enforcement officer may not threaten, suggest, or otherwise indicate the possible
arrest of all parties in order to discourage any party's request for intervention by law
enforcement.
(5)
(a)
A law enforcement officer who does not make an arrest after investigating a
complaint of
domestic violence
a domestic violence offense
, or who arrests two or
more parties, shall submit a detailed, written report specifying the grounds for not
arresting any party or for arresting both parties.
(b)
A law enforcement officer who does not make an arrest shall notify the victim of the
right to initiate a criminal proceeding and of the importance of preserving evidence.
(6)
(a)
A law enforcement officer responding to a complaint of
domestic violence
a
domestic violence offense
shall prepare an incident report that includes:
(i)
the officer's disposition of the case; and
(ii)
the results of any lethality assessment completed in accordance with Section
77-36-2.1
.
(b)
From January 1, 2009, until December 31, 2013, any law enforcement officer
employed by a city of the first or second class responding to a complaint of domestic
violence shall also report, either as a part of an incident report or on a separate form,
the following information:
(i)
marital status of each of the parties involved;
(ii)
social, familial, or legal relationship of the suspect to the victim; and
(iii)
whether or not an arrest was made.
(c)
The information obtained in Subsection
(6)(b)
:
(i)
shall be reported monthly to the department;
(ii)
shall be reported as numerical data that contains no personal identifiers; and
(iii)
is a public record as defined in Section
63G-2-103
.
(d)
(b)
The incident report shall be made available to the victim, upon request, at no
cost.
(e)
The law enforcement agency shall forward a copy of the incident report to the
appropriate prosecuting attorney within five days after the complaint of domestic
violence occurred.
(c)
If there is probable cause that a domestic violence offense was committed, a law
enforcement agency shall submit the appropriate charge for the offense to the
prosecuting agency within five business days after the day on which the domestic
violence offense occurs, unless the law enforcement agency has reasonable cause for
the delay.
(7)
The department shall compile the information described in Subsections
(6)(b)
and
(c)

into a report and present that report to the Law Enforcement and Criminal Justice
Interim Committee during the 2013 interim, no later than May 31, 2013.
(8)
(7)
(a)
Each law enforcement agency shall, as soon as practicable, make a written
record and maintain records of all incidents of domestic violence reported to
it, and
the law enforcement agency.
(b)
Each incident
shall be identified by a law enforcement agency code for domestic
violence.
Section 9. Section
77-36-2.6
is amended to read:
77-36-2.6
. Appearance required -- Considerations by court.
(1)
An alleged perpetrator who is arrested for
an offense involving domestic violence shall
appear in person or by video before the court or a magistrate within one judicial day
after the day on which the arrest is made
a domestic violence offense shall be presented
without unnecessary delay before a magistrate for the determination of probable cause in
accordance with Utah Rules of Criminal Procedure, Rule 9
.
(2)
An
If an
alleged perpetrator
who
is charged by citation, indictment, or information
with an offense involving domestic violence
but
and
has not been arrested,
the alleged
perpetrator
shall appear before the court in person for arraignment or initial appearance
as soon as practicable
,
but no later than 14 days after the next day on which court is in
session following the issuance of the citation or the filing of the indictment or
information.
(3)
At the time of an appearance under Subsection
(1)
or
(2)
, the court shall consider
imposing a pretrial protective order in accordance with Section
78B-7-803
.
(4)
An appearance required by this section is mandatory and may not be waived.
(4)
Appearances required by this section are mandatory and may not be waived.
Section 10. Section
78B-7-102
is amended to read:
78B-7-102
. Definitions for chapter.
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)
"Canadian domestic violence protection order" means the same as that term is defined in
Section
78B-7-1201
.
(4)
"Child" means an individual who is younger than 18 years old.
(5)
"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
.
(6)
"Civil stalking injunction" means a stalking injunction issued under
Part 7, Civil
Stalking Injunctions
.
(7)
(a)
"Cohabitant" means
an emancipated individual under Section
15-2-1
or an
individual who is 16 years old or older who
:
(i)
an individual who is emancipated under Section
15-2-1
, or an individual who is 16
years old or older, when the individual
:
(i)
(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
or
grandparent;
(D)
is related
by consanguinity or affinity to the second degree
to the other party
;
(iv)
(E)
has or had one or more children in common with the other party;
(v)
(F)
is the biological parent of the other party's unborn minor child;
(vi)
(G)
resides or has resided in the same residence as the other party; or
(vii)
(H)
is or was in a consensual sexual relationship with the other party
.
; or
(ii)
an individual who is 18 years old or older and is the sibling, stepsibling, or foster
sibling of the other party.
(b)
"Cohabitant" does not include:
(i)
an individual who is a parent, stepparent, or foster parent of the other party when
the other party is a child; or
(ii)
a child when the other party is:
(A)
the child's parent, stepparent, or foster parent; or
(B)
younger than 18 years old and is the child's sibling, stepsibling, or foster
sibling.
(b)
"Cohabitant" does not include:
(i)
the relationship of natural parent, adoptive parent, or step-parent to a minor child;
or
(ii)
the relationship between natural, adoptive, step, or foster siblings who are under
18 years old.
(8)
"Consanguinity" means the same as that term is defined in Section
76-1-101.5
.
(9)
"Criminal protective order" means an order issued under
Part 8, Criminal Protective
Orders
.
(10)
"Criminal stalking injunction" means a stalking injunction issued under
Part 9,
Criminal Stalking Injunctions
.
(11)
"Court clerk" means a district court clerk.
(12)
(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.
(13)
(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
(13)(c)(i)
are found to support the existence of a dating relationship.
(14)
"Dating violence" means:
(a)
a criminal offense involving violence or physical harm, or threat of violence or
physical harm, when committed by an individual against a dating partner; or
(b)
an attempt, a conspiracy, or a solicitation by an individual to commit a criminal
offense involving violence or physical harm against a dating partner of the individual.
(15)
"Domestic violence" means the same as that term is defined in Section
77-36-1
.
(16)
"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
.
(17)
"Ex parte civil stalking injunction" means a stalking injunction issued without notice to
the respondent under
Part 7, Civil Stalking Injunctions
.
(18)
"Foreign protection order" means:
(a)
the same as that term is defined in Section
78B-7-302
; or
(b)
a Canadian domestic violence protection order.
(19)
"Household animal" means an animal that is tamed and kept as a pet.
(20)
"Intimate partner" means the same as that term is defined in 18 U.S.C. Sec. 921.
(21)
"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.
(22)
"Minor child" means the same as that term is defined in Section
81-1-101
.
(23)
"Parent" means the same as that term is defined in Section
81-1-101
.
(23)
(24)
"Peace officer" means
those individuals specified
an individual described
in
Title 53, Chapter 13, Peace Officer Classifications
.
(24)
(25)
"Qualifying domestic violence offense" means the same as that term is defined in
Section
77-36-1.1
.
(25)
(26)
"Respondent" means the individual against whom enforcement of a protective
order is sought.
(26)
(27)
"Stalking" means the same as that term is defined in Section
76-5-106.5
.
Section 11. Section
78B-7-801
is amended to read:
78B-7-801
. Definitions for part.
As used in this part:
(1)
(a)
"Jail release agreement" means a written agreement that is entered into by an
individual who is arrested or issued a citation, regardless of whether the individual is
booked into jail:
(i)
under which the arrested or cited individual agrees to not engage in any of the
following:
(A)
telephoning, contacting, or otherwise communicating with the alleged victim,
directly or indirectly;
(B)
threatening or harassing the alleged victim; or
(C)
knowingly entering onto the premises of the alleged victim's residence or on
premises temporarily occupied by the alleged victim, unless, after a law
enforcement officer or the law enforcement officer's employing agency notifies
or attempts to notify the alleged victim, the individual enters the premises
while accompanied by a law enforcement officer for the purpose of retrieving
the individual's personal belongings; and
(ii)
that specifies other conditions of release from jail or arrest.
(b)
"Jail release agreement" includes a written agreement that includes the conditions
described in Section
(1)(a)
entered into by a minor who is taken into custody or
placed in detention or a shelter facility under Section
80-6-201
.
(2)
"Jail release court order" means a written court order that:
(a)
orders an arrested or cited individual not to engage in any of the following:
(i)
telephoning, contacting, or otherwise communicating with the alleged victim,
directly or indirectly;
(ii)
threatening or harassing the alleged victim; or
(iii)
knowingly entering onto the premises of the alleged victim's residence or on
premises temporarily occupied by the alleged victim, unless, after a law
enforcement officer or the law enforcement officer's employing agency notifies or
attempts to notify the alleged victim, the individual enters the premises while
accompanied by a law enforcement officer for the purpose of retrieving the
individual's personal belongings; and
(b)
specifies other conditions of release from jail.
(3)
"Minor" means the same as that term is defined in Section
80-1-102
.
(4)
"Offense against a child or vulnerable adult" means the commission or attempted
commission of an offense described in:
(a)
Section
76-5-109
, child abuse;
(b)
Section
76-5-109.2
, aggravated child abuse;
(c)
Section
76-5-109.3
, child abandonment;
(d)
Section
76-5-109.4
, child torture;
(e)
Section
76-5-110
, abuse or neglect of a child with a disability;
(f)
Section
76-5-111
, abuse of a vulnerable adult;
(g)
Section
76-5-111.2
, aggravated abuse of a vulnerable adult;
(h)
Section
76-5-111.3
, personal dignity exploitation of a vulnerable adult;
(i)
Section
76-5-111.4
, financial exploitation of a vulnerable adult;
(j)
Section
76-5-114
, commission of domestic violence in the presence of a child; or
(k)
Section
76-5-418
, sexual battery.
(5)
(a)
"Qualifying offense" means:
(i)
domestic violence;
(ii)
an offense against a child or vulnerable adult;
or
(iii)
an offense that is
the commission or attempted commission of an offense
described in Section
76-5-418
, sexual battery, or
Title 76, Chapter 5, Part 4,
Sexual Offenses
.
; or
(iv)
an offense that is stalking as described in Section
76-5-106.5
.
(b)
"Qualifying offense" does not include an offense described in:
(i)
Section
76-5-417
, enticing a minor;
(ii)
Section
76-5-419
, lewdness; or
(iii)
Section
76-5-420
, lewdness involving a child.
Section 12. Section
78B-7-802
is amended to read:
78B-7-802
. Conditions for release after arrest for domestic violence and other
offenses -- Jail release agreements -- Jail release court orders.
(1)
Upon arrest or issuance of a citation for

a qualifying offense

and before the
individual is released under Section
77-20-204
or
77-20-205
, the individual may not
telephone, contact, or otherwise communicate with the alleged victim, directly or
indirectly.
(2)
(a)
After

an individual is arrested or issued a citation for a qualifying offense, the
individual

may not be released before:
(i)
the matter is submitted to a magistrate in accordance with Section
77-7-23
; or
(ii)
the individual signs a jail release agreement.
(b)
If an arrested individual is booked into jail, the arresting officer shall ensure that the
information presented to the magistrate includes whether the alleged victim has made
a waiver described in Subsection
(5)(a)
.
(c)
If the magistrate determines there is probable cause to support the charge or charges
of one or more qualifying offenses

, the magistrate shall issue a temporary pretrial
status order, as defined in Section
77-20-102
, in accordance with Section
77-20-205
.
(d)
The magistrate may not release an individual arrested for a qualifying offense unless
the magistrate issues a jail release court order or the arrested individual signs a jail
release agreement.
(e)
A jail release agreement or jail release court order may not prohibit an individual
who is arrested or cited for an offense for the commission of domestic violence in the
presence of a child, as described in Section
76-5-114
, from telephoning, contacting,
or otherwise communicating with a child if:
(i)
the individual is the parent or guardian of the child; and
(ii)
the alleged victim of the offense is not the child or the parent or guardian of the
child.
(3)
(a)
If an individual charged with

a qualifying offense

fails to either schedule an
initial appearance or to appear at the time scheduled by the magistrate within 96
hours after the time of arrest, the individual shall comply with the release conditions
of a jail release agreement or jail release court order until the individual makes an
initial appearance.
(b)
If the
prosecutor
prosecuting attorney
has not filed charges against an individual
who was arrested for a qualifying offense and who appears in court at the time
scheduled by the magistrate under Subsection
(2)
, or by the court under Subsection
(3)(b)(ii)
, the court:
(i)
may, upon the motion of the
prosecutor
prosecuting attorney
and after allowing
the individual an opportunity to be heard on the motion, extend the release
conditions described in the jail release court order or the jail release agreement by
no more than three court days; and
(ii)
if the court grants the motion described in Subsection
(3)(b)(i)
, shall order the
arrested individual to appear at a time scheduled before the end of the granted
extension.
(c)
(i)
If the
prosecutor
prosecuting attorney
determines that there is insufficient
evidence to file charges before an initial appearance scheduled under Subsection
(3)(a)
, the
prosecutor
prosecuting attorney
shall transmit a notice of declination
to either the magistrate who signed the jail release court order or, if the releasing
agency obtains a jail release agreement from the released arrestee, to the statewide
domestic violence network described in Section
78B-7-113
.
(ii)
A
prosecutor's
prosecuting attorney's
notice of declination transmitted under this
Subsection
(3)(c)
is considered a motion to dismiss a jail release court order and a
notice of expiration of a jail release agreement.
(4)
Except as provided in Subsections
(3)
and
(11)
or otherwise ordered by a court, a jail
release agreement or jail release court order expires at midnight after the earlier of:
(a)
the arrested or cited individual's initial scheduled court appearance described in
Subsection
(3)(a)
;
(b)
the day on which the
prosecutor
prosecuting attorney
transmits the notice of the
declination under Subsection
(3)(c)
; or
(c)
30 days after the day on which the individual is arrested or issued a citation.
(5)
(a)
(i)
After an individual is arrested or issued a citation for a qualifying offense, an
alleged victim who is not a
minor
child
may waive in writing any condition of a
jail release agreement by:
(A)
appearing in person to the law enforcement agency that arrested the individual
or issued the citation to the individual for the qualifying offense;
(B)
appearing in person to the jail or correctional facility that released the arrested
individual from custody; or
(C)
appearing in person to the clerk at the court of the jurisdiction where the
charges are filed.
(ii)
An alleged victim who is not a
minor
child
may waive in writing the release
conditions prohibiting:
(A)
telephoning, contacting, or otherwise communicating with the alleged victim,
directly or indirectly; or
(B)
knowingly entering on the premises of the alleged victim's residence or on
premises temporarily occupied by the alleged victim.
(iii)
Except as provided in Subsection
(5)(a)(iv)
, a parent or guardian may waive any
condition of a jail release agreement on behalf of an alleged victim who is a minor
in the manner described in Subsections
(5)(a)(i)
and
(ii)
.
(iii)
If the alleged victim is a child, and except as provided in Subsection
(5)(a)(iv)
or
(v), the child's parent or guardian may waive any condition of a jail release
agreement on behalf of the child in the manner described in Subsections
(5)(a)(i)

and (ii).
(iv)
A child's parent or guardian may not waive any condition of a jail release
agreement on behalf of the child if the parent or guardian is the individual who is
arrested or issued a citation for a qualifying offense.
(iv)
(v)
A
child's
parent or guardian may not, without the approval of the court,
waive the release conditions described in Subsection
(5)(a)(ii)
on behalf of
an
alleged victim who is a minor, if the alleged victim who is a minor
the child if the
child
:
(A)
allegedly suffers bodily injury as a result of the qualifying offense;
(B)
summons or attempts to summon emergency aid for the qualifying offense; or
(C)
after the time at which the qualifying offense is allegedly committed and
before the time at which the arrested or cited individual signs the jail release
agreement, discloses to a law enforcement officer that the arrested or cited
individual threatened the
alleged victim who is a minor
child
with bodily
injury.
(v)
(vi)
Upon waiver, the release conditions described in Subsection
(5)(a)(ii)
do not
apply to the arrested or cited individual.
(b)
A court or magistrate may modify a jail release agreement or a jail release court
order in writing or on the record, and only for good cause shown.
(6)
(a)
When an individual is arrested or issued a citation and subsequently released in
accordance with Subsection
(2)
, the releasing agency shall:
(i)
notify the arresting law enforcement agency of the release, conditions of release,
and any available information concerning the location of the alleged victim;
(ii)
make a reasonable effort to notify the alleged victim of the release; and
(iii)
before releasing the individual who is arrested or issued a citation, give the
arrested or cited individual a copy of the jail release agreement or the jail release
court order.
(b)
(i)
When an individual

arrested or issued a citation for domestic violence

is
released under this section based on a jail release agreement, the releasing agency
shall transmit that information to the statewide domestic violence network
described in Section
78B-7-113
.
(ii)
When an individual

arrested or issued a citation for domestic violence

is
released under this section based upon a jail release court order or if a jail release
agreement is modified under Subsection
(5)(b)
, the court shall transmit that order
to the statewide domestic violence network described in Section
78B-7-113
.
(c)
This Subsection
(6)
does not create or increase liability of a law enforcement officer
or agency, and the good faith immunity provided by Section
77-36-8
is applicable.
(7)
An individual who is

arrested for a

qualifying offense that is a

felony and
released in accordance with this section may subsequently be held without bail if there
is substantial evidence to support a new felony charge against the individual.
(8)
At the time an arrest is made or a citation is issued for

a qualifying offense

, the
arresting officer shall provide the alleged victim with written notice containing:
(a)
the release conditions described in this section, and notice that the alleged perpetrator
will not be released, before appearing before the court with jurisdiction over the
offense for which the alleged perpetrator was arrested, unless:
(i)
the alleged perpetrator enters into a jail release agreement to comply with the
release conditions; or
(ii)
the magistrate issues a jail release order that specifies the release conditions;
(b)
notification of the penalties for violation of any jail release agreement or jail release
court order;
(c)
the address of the appropriate court in the
judicial
district or county in which the
alleged victim resides;
(d)
the availability and effect of any waiver of the release conditions; and
(e)
information regarding the availability of and procedures for obtaining civil and
criminal protective orders with or without the assistance of an attorney.
(9)
At the time an arrest is made or a citation is issued for

a qualifying offense

, the
arresting officer shall provide the alleged perpetrator with written notice containing:
(a)
notification that the alleged perpetrator may not contact the alleged victim before
being released, including telephoning, contacting, or otherwise communicating with
the alleged victim, directly or indirectly;
(b)
the release conditions described in this section and notice that the alleged perpetrator
will not be released, before appearing before the court with jurisdiction over the
offense for which the alleged perpetrator was arrested, unless:
(i)
the alleged perpetrator enters into a jail release agreement to comply with the
release conditions; or
(ii)
the magistrate issues a jail release court order;
(c)
notification of the penalties for violation of any jail release agreement or jail release
court order; and
(d)
notification that the alleged perpetrator is to personally appear in court on the next
day the court is open for business after the day of the arrest.
(10)
(a)
A pretrial or sentencing protective order issued under this part supersedes a jail
release agreement or jail release court order.
(b)
If a court dismisses the charges for the qualifying offense that gave rise to a jail
release agreement or jail release court order, the court shall dismiss the jail release
agreement or jail release court order.
(11)
(a)
This section does not apply if the individual arrested for the qualifying offense is
a minor who is under 18 years old, unless the qualifying offense is domestic violence.
(b)
A jail release agreement signed by, or a jail release court order issued against, a
minor expires on the earlier of:
(i)
the day of the minor's initial court appearance described in Subsection
(3)(a)
;
(ii)
the day on which the
prosecutor
prosecuting attorney
transmits the notice of
declination under Subsection
(3)(c)
;
(iii)
30 days after the day on which the minor is arrested or issued a citation; or
(iv)
the day on which the juvenile court terminates jurisdiction.
Section 13. Section
78B-7-1101
is amended to read:
78B-7-1101
. Definitions for part.
As used in this part:
(1)
"Employee" means
:

(a)
an employee in the service of
an individual who is employed by
an employer for
compensation
.
; or
(b)
a volunteer.
(2)
"Employer" means
:
(a)
a person
who
that
employs an individual in this state
.
; or
(b)
a nonprofit organization for which volunteers donate
services.
(3)
"Ex parte workplace violence protective order" means an order issued without notice to
the respondent under this part.
(4)
"Protective order" means:
(a)
a workplace violence protective order; or
(b)
an ex parte workplace violence protective order.
(5)
"Workplace violence" means knowingly causing or threatening to cause bodily injury
to, or significant damage to the property of, a person, if:
(a)
the person is:
(i)
an employer;
or
(ii)
an employee performing the employee's duties as an employee;
or

(iii)
an employee who is a volunteer;
and
(b)
(i)
the action would cause a reasonable person to feel terrorized, frightened,
intimidated, or harassed; or
(ii)
the threat:
(A)
would cause a reasonable person to fear that the threat will be carried out; and
(B)
if carried out, would cause a reasonable person to feel terrorized, frightened,
intimidated, or harassed.
(6)
"Volunteer" means an individual who donates services without pay or other
compensation to a nonprofit organization except for expenses actually and reasonably
incurred by the nonprofit organization.
(6)
(7)
"Workplace violence protective order" means an order issued under this part after a
hearing on the petition, of which the petitioner and respondent have been given notice.
Section 14. Section
78B-7-1103
is amended to read:
78B-7-1103
. Workplace violence protective orders -- Ex parte workplace
violence protective orders -- Modification of orders -- Evidence in another lawsuit.
(1)
If it appears from a petition for a protective order or a petition to modify an existing
protective order that workplace violence has occurred, the court may:
(a)
without notice, immediately issue an ex parte workplace violence protective order
against the respondent or modify an existing workplace violence protective order ex
parte, if necessary to protect the petitioner or any party named in the petition; or
(b)
upon notice to the respondent, issue a workplace violence protective order or modify
a workplace violence protective order after a hearing, regardless of whether the
respondent appears.
(2)
(a)
The court may grant the following relief with or without notice or a hearing in a
protective order or in a modification to a protective order:
(i)
enjoin the respondent from committing workplace violence;
(ii)
enjoin the respondent from threatening the petitioner or an employee of the
petitioner while
:

(A)
performing the employee's duties as an employee; or
(B)
donating services to the employer if the employer is a nonprofit organization
and the employee is a volunteer; or
(iii)
subject to Subsection
(2)(c)
, order that the respondent is excluded and shall stay
away from the petitioner's workplace.
(b)
Except as provided in Subsection
(2)(a)
, a protective order may not restrict the
respondent's communications.
(c)
The court shall narrowly tailor an order described in Subsection
(2)(a)(iii)
to the
location where the respondent caused or threatened to cause bodily injury to, or
significant damage to property of, the petitioner or an employee of the petitioner.
(3)
After the court issues a protective order, the court shall:
(a)
as soon as possible, deliver the order to the county sheriff for service of process;
(b)
transmit electronically, by the end of the business day after the day on which the
court issues the protective order, a copy of the protective order to the local law
enforcement agency that the petitioner designates; and
(c)
transmit a copy of the protective order in the same manner as described in Section
78B-7-113
.
(4)
The court may modify or vacate a protective order after notice and hearing, if the
petitioner:
(a)
(i)
is personally served with notice of the hearing, as provided in the Utah Rules of
Civil Procedure; and
(ii)
appears before the court to give specific consent to the modification or vacation
of the provisions of the protective order; or
(b)
submits an affidavit agreeing to the modification or vacation of the provisions of the
protective order.
(5)
The existence of a protective order may not be used as evidence of liability or damages
in a lawsuit between the petitioner and the respondent regardless of whether the
petitioner or respondent seeks to admit the facts underlying the protective order as
evidence.
Section 15. Section
78B-7-1105
is amended to read:
78B-7-1105
. Extension.
(1)
A workplace violence protective order expires automatically, unless the petitioner:
(a)
files a motion before the day on which the workplace violence protective order
expires; and
(b)
demonstrates that:
(i)
there is a substantial likelihood that
workplace violence will occur against
the
petitioner
or
an employee of the petitioner while
:

(A)
performing the employee's duties as an employee; or
(B)
donating services to the employer if the employer is a nonprofit organization
and the employee is a volunteer; or
(ii)
the respondent committed or was convicted of a violation of the workplace
violence protective order that the petitioner requests be extended.
(2)
(a)
Subject to Subsection
(2)(b)
, if a court grants a motion described in Subsection
(1)(a)
, the court shall set a new date on which the workplace violence protective
order expires.
(b)
A court may not extend a workplace violence protective order for more than 18
months after the day on which the court issues the order for extension.
(3)
After the day on which the court issues an extension of a workplace violence protective
order, the court shall take the action described in Subsection
78B-7-1103(3)
.
(4)
This part does not prohibit a petitioner from seeking another protective order after the
day on which the petitioner's protective order expires.
Section 16. Section
78B-7-1109
is amended to read:
78B-7-1109
. Limitations of part.
This part does not:
(1)
modify the duty of an employer to provide a safe workplace for the employees of the
employer;
(2)
prohibit a person from engaging in constitutionally protected exercise of free speech,
including non-threatening speech and speech involving labor disputes concerning
organized labor;
or
(3)
prohibit a person from engaging in an activity that is part of a labor dispute
.
; or
(4)
create an agency relationship between a nonprofit organization and a volunteer donating
services to the nonprofit organization.
Section 17.
Effective Date.
This bill takes effect on
May 6, 2026
.
Section 18.
Coordinating H.B. 539 with H.B. 221.
If H.B. 539, Public Safety Amendments, and H.B. 221, Coercion Amendments, both
pass and become law, the Legislature intends that, on May 6, 2026, Subsection
77-36-1(5)(b)(i) enacted in H.B. 539 be amended to read:
"(i) a felony or misdemeanor offense described in:
(A) Section 76-5-102, assault;
(B) Section 76-5-102.9, propelling a bodily substance or material;
(C) Section 76-5-103, aggravated assault;
(D) Section 76-5-105, mayhem;
(E) Section 76-5-106, harassment;
(F) Section 76-5-106.5, stalking;
(G) Section 76-5-107, threat of violence;
(H) Section 76-5-108, violation of a protective order;
(I) Section 76-5-111.2, aggravated abuse of a vulnerable adult;
(J) Section 76-5-114, commission of domestic violence in the presence of a child;
(K) Section 76-5-201, criminal homicide;
(L) Section 76-5-301, kidnapping;
(M) Section 76-5-302, aggravated kidnapping;
(N) Section 76-5-308, human trafficking for labor;
(O) Section 76-5-308.1, human trafficking for sexual exploitation;
(P) Section 76-5-310, aggravated human trafficking;
(Q) Section 76-5-311, human trafficking of a vulnerable adult;
(R) Title 76, Chapter 5, Part 4, Sexual Offenses;
(S) Section 76-5b-203, distribution of an intimate image;
(T) Section 76-5b-204, sexual extortion;
(U) Section 76-5b-204.1, aggravated sexual extortion;
(V) Section 76-5b-205, unlawful distribution of a counterfeit intimate image;
(W) Title 76, Chapter 6, Part 1, Property Destruction;
(X) Title 76, Chapter 6, Part 2, Burglary and Criminal Trespass;
(Y) Title 76, Chapter 6, Part 3, Robbery;
(Z) Section 76-8-508, tampering with a witness;
(AA) Section 76-8-508.3, retaliation against a witness, victim, or informant;
(BB) Section 76-8-508.7, receiving or soliciting a bribe as a witness;
(CC) Section 76-9-102, disorderly conduct, if a conviction or adjudication of disorderly
conduct is the result of a plea agreement in which the actor was originally charged with an
offense otherwise described in this Subsection (5), except that a conviction or adjudication of
disorderly conduct as a domestic violence offense, in the manner described in this Subsection
(5)(b)(i)(CC), does not constitute a misdemeanor crime of domestic violence under 18 U.S.C.
Sec. 921, and is exempt from the federal Firearms Act, 18 U.S.C. Sec. 921 et seq.;
(DD) Section 76-11-207, threatening with or using a dangerous weapon in a fight or
quarrel;
(EE) Section 76-11-208, possession of a deadly weapon with criminal intent;
(FF) Section 76-12-202, electronic communication harassment;
(GG) Title 76, Chapter 12, Part 3, Privacy Offenses;
(HH) Section 76-13-203, aggravated cruelty to an animal, if the intent is to harass or
threaten the cohabitant;
(II) Section 76-11-209, improper discharging of a dangerous weapon; or
(JJ) Subsection 78B-7-806(1), for a violation of a jail release court order or jail release
agreement; or".
Section 19.
Coordinating H.B. 539 with H.B. 90.
If H.B. 539, Public Safety Amendments, and H.B. 90, Sexual Offenses Amendments,
both pass and become law, the Legislature intends that, on May 6, 2026, Subsection
77-36-1(5)(c) enacted in H.B. 539 be amended to read:
"(c) "Domestic violence offense" or "domestic violence" does not include the commission
of, or an attempt to commit, an offense by one cohabitant against another cohabitant that is a
class B or class C misdemeanor offense that is described in:
(i) Section 76-5-111, abuse of a vulnerable adult;
(ii) Section 76-5-111.3, personal dignity exploitation of a vulnerable adult; or
(iii) Section 76-5-111.4, financial exploitation of a vulnerable adult.".
3-12-26 11:28 AM