H.B. 53
LEGISLATIVE GENERAL COUNSEL
6 Approved for Filing: J. Rogers 6
6 12-20-22 3:30 PM 6
H.B. 53
1 PROTECTIVE ORDER AMENDMENTS
2 2023 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Matthew H. Gwynn
5 Senate Sponsor: ____________
6
7LONG TITLE
8Committee Note:
9 The Law Enforcement and Criminal Justice Interim Committee recommended this bill.
10 Legislative Vote:13 voting for0 voting against 4 absent
11General Description:
12 This bill concerns pretrial protective orders, jail release agreements, and jail release
13court orders.
14Highlighted Provisions:
15 This bill:
16 <amends the definitions of "jail release agreement" and "jail release court order";
17 <provides expiration provisions for certain pretrial protective orders; and
18 <makes technical and conforming changes.
19Money Appropriated in this Bill:
20 None
21Other Special Clauses:
22 None
23Utah Code Sections Affected:
24AMENDS:
25 78B-7-801, as last amended by Laws of Utah 2022, Chapter 430
26 78B-7-803, as last amended by Laws of Utah 2021, Chapter 159
27
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28Be it enacted by the Legislature of the state of Utah:
29 Section 1. Section 78B-7-801 is amended to read:
30 78B-7-801. Definitions.
31 As used in this part:
32 (1) (a) "Jail release agreement" means a written agreement that is entered into by an
33individual who is arrested or issued a citation, regardless of whether the individual is booked
34into jail:
35 (i) under which the arrested or cited individual agrees to not engage in any of the
36following:
37 (A) telephoning, contacting, or otherwise communicating with the alleged victim,
38directly or indirectly;
39 (B) threatening or harassing the alleged victim; or
40 (C) knowingly entering onto the premises of the alleged victim's residence or on
41premises temporarily occupied by the alleged victim, unless, after a law enforcement officer or
42the law enforcement officer's employing agency notifies or attempts to notify the alleged
43victim, the individual enters the premises while accompanied by a law enforcement officer for
44the purpose of retrieving the individual's personal belongings; and
45 (ii) that specifies other conditions of release from jail or arrest.
46 (b) "Jail release agreement" includes a written agreement that includes the conditions
47described in Section (1)(a) entered into by a minor who is taken into custody or placed in
48detention or a shelter facility under Section 80-6-201.
49 (2) "Jail release court order" means a written court order that:
50 (a) orders an arrested or cited individual not to engage in any of the following:
51 (i) telephoning, contacting, or otherwise communicating with the alleged victim,
52directly or indirectly;
53 (ii) threatening or harassing the alleged victim; or
54 (iii) knowingly entering onto the premises of the alleged victim's residence or on
55premises temporarily occupied by the alleged victim, unless, after a law enforcement officer or
56the law enforcement officer's employing agency notifies or attempts to notify the alleged
57victim, the individual enters the premises while accompanied by a law enforcement officer for
58the purpose of retrieving the individual's personal belongings; and 12-20-22 3:30 PM H.B. 53
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59 (b) specifies other conditions of release from jail.
60 (3) "Minor" means the same as that term is defined in Section 80-1-102.
61 (4) "Offense against a child or vulnerable adult" means the commission or attempted
62commission of an offense described in:
63 (a) Section 76-5-109, child abuse;
64 (b) Section 76-5-109.2, aggravated child abuse;
65 (c) Section 76-5-109.3, child abandonment;
66 (d) Section 76-5-110, abuse or neglect of a child with a disability;
67 (e) Section 76-5-111, abuse of a vulnerable adult;
68 (f) Section 76-5-111.2, aggravated abuse of a vulnerable adult;
69 (g) Section 76-5-111.3, personal dignity exploitation of a vulnerable adult;
70 (h) Section 76-5-111.4, financial exploitation of a vulnerable adult;
71 (i) Section 76-5-114, commission of domestic violence in the presence of a child; or
72 (j) Section 76-9-702.1, sexual battery.
73 (5) "Qualifying offense" means:
74 (a) domestic violence;
75 (b) an offense against a child or vulnerable adult; or
76 (c) the commission or attempted commission of an offense described in Section
7776-9-702.1 or Title 76, Chapter 5, Part 4, Sexual Offenses.
78 Section 2. Section 78B-7-803 is amended to read:
79 78B-7-803. Pretrial protective orders.
80 (1) (a) When an alleged perpetrator is charged with a crime involving a qualifying
81offense, the court shall, at the time of the alleged perpetrator's court appearance under Section
8277-36-2.6:
83 (i) determine the necessity of imposing a pretrial protective order or other condition of
84pretrial release; and
85 (ii) state the court's findings and determination in writing.
86 (b) Except as provided in Subsection (4), in any criminal case, the court may, during
87any court hearing where the alleged perpetrator is present, issue a pretrial protective order,
88pending trial.
89 (2) A court may include any of the following provisions in a pretrial protective order: H.B. 53 12-20-22 3:30 PM
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90 (a) an order enjoining the alleged perpetrator from threatening to commit or
91committing acts of domestic violence or abuse against the victim and any designated family or
92household member;
93 (b) an order prohibiting the alleged perpetrator from harassing, telephoning, contacting,
94or otherwise communicating with the victim, directly or indirectly;
95 (c) an order removing and excluding the alleged perpetrator from the victim's residence
96and the premises of the residence;
97 (d) an order requiring the alleged perpetrator to stay away from the victim's residence,
98school, or place of employment, and the premises of any of these, or any specified place
99frequented by the victim and any designated family member;
100 (e) an order for any other relief that the court considers necessary to protect and
101provide for the safety of the victim and any designated family or household member;
102 (f) an order identifying and requiring an individual designated by the victim to
103communicate between the alleged perpetrator and the victim if and to the extent necessary for
104family related matters;
105 (g) an order requiring the alleged perpetrator to participate in an electronic or other
106type of monitoring program; and
107 (h) if the alleged victim and the alleged perpetrator share custody of one or more minor
108children, an order for indirect or limited contact to temporarily facilitate parent visitation with a
109minor child.
110 (3) If the court issues a pretrial protective order, the court shall determine whether to
111allow provisions for transfer of personal property to decrease the need for contact between the
112parties.
113 (4) A pretrial protective order issued under this section against an alleged perpetrator
114who is a minor expires on the earlier of:
115 (a) the day on which the court issues an order against the alleged perpetrator under
116Section 78B-7-804 or 78B-7-805 or otherwise makes a disposition of the alleged perpetrator's
117case under Title 80, Chapter 6, Part 7, Adjudication and Disposition; or
118 (b) the day on which the juvenile court terminates jurisdiction.
119 (5) A pretrial protective order issued under this section against an alleged perpetrator
120who is not a minor expires on the earliest of: 12-20-22 3:30 PM H.B. 53
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121 (a) the day on which the court dismisses the case;
122 (b) the day on which the court dismisses the pretrial protective order; or
123 (c) the day on which the court issues an order against the alleged perpetrator under
124Section 78B-7-804 or 78B-7-805.