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H.B. 227
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DOMESTIC VIOLENCE DISMISSAL
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AMENDMENT
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1999 GENERAL SESSION
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STATE OF UTAH
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Sponsor: Afton B. Bradshaw
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AN ACT RELATING TO THE COHABITANT ABUSE PROCEDURES ACT; ELIMINATING
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ABILITY OF COURTS TO DISMISS DOMESTIC VIOLENCE CHARGES SOLELY AT THE
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REQUEST OF THE VICTIM.
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This act affects sections of Utah Code Annotated 1953 as follows:
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AMENDS:
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77-36-2.7, as last amended by Chapter 244, Laws of Utah 1996
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Be it enacted by the Legislature of the state of Utah:
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Section 1.
Section
77-36-2.7
is amended to read:
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77-36-2.7. Dismissal -- Diversion prohibited -- Plea in abeyance -- Release before
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trial.
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(1) Because of the serious nature of domestic violence, the court, in domestic violence
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actions:
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(a) may not dismiss any charge or delay disposition because of concurrent divorce or other
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civil proceedings;
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(b) may not require proof that either party is seeking a dissolution of marriage before
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instigation of criminal proceedings;
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(c) shall waive any requirement that the victim's location be disclosed other than to the
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defendant's attorney, upon a showing that there is any possibility of further violence, and order the
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defendant's attorney not to disclose the victim's location to his client;
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(d) shall identify, on the docket sheets, the criminal actions arising from acts of domestic
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violence; and
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[(e) may not dismiss a charge involving domestic violence at the request of the victim
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unless the court has reasonable cause to believe that the dismissal would benefit the victim; and]
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[(f)] (e) may hold a plea in abeyance, in accordance with the provisions of Chapter 2a,
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making treatment or any other requirement for the defendant a condition of that status.
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(2) When the court holds a plea in abeyance in accordance with Subsection (1)[(f)] (e), the
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case against a perpetrator of domestic violence may be dismissed only if the perpetrator
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successfully completes all conditions imposed by the court. If the defendant fails to complete any
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condition imposed by the court under Subsection (1)[(f)] (e), the court may accept the defendant's
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plea.
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(3) (a) Because of the likelihood of repeated violence directed at those who have been
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victims of domestic violence in the past, when any defendant charged with a crime involving
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domestic violence is released from custody before trial, the court authorizing the release may issue
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an order:
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(i) enjoining the defendant from threatening to commit or committing acts of domestic
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violence or abuse against the victim and any designated family or household member;
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(ii) prohibiting the defendant from harassing, telephoning, contacting, or otherwise
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communicating with the victim, directly or indirectly;
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(iii) removing and excluding the defendant from the victim's residence and the premises
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of the residence;
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(iv) ordering the defendant to stay away from the residence, school, place of employment
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of the victim, and the premises of any of these, or any specified place frequented by the victim and
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any designated family member; and
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(v) ordering any other relief that the court considers necessary to protect and provide for
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the safety of the victim and any designated family or household member.
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(b) Violation of an order issued pursuant to this section is punishable as follows:
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(i) if the original arrest or subsequent charge filed is a felony, an offense under this section
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is a third degree felony; and
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(ii) if the original arrest or subsequent charge filed is a misdemeanor, an offense under this
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section is a class A misdemeanor.
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(c) The court shall provide the victim with a certified copy of any order issued pursuant
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to this section if the victim can be located with reasonable effort.
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(4) When a court dismisses criminal charges or a prosecutor moves to dismiss charges
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against a defendant accused of a domestic violence offense, the specific reasons for dismissal shall
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be recorded in the court file and made a part of the statewide domestic violence network described
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in Section
30-6-8
.
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(5) When the privilege of confidential communication between spouses, or the testimonial
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privilege of spouses is invoked in any criminal proceeding in which a spouse is the victim of an
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alleged domestic violence offense, the victim shall be considered to be an unavailable witness
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under the Utah Rules of Evidence.
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(6) The court may not approve diversion for a perpetrator of domestic violence.
Legislative Review Note
as of 1-6-99 11:33 AM
A limited legal review of this legislation raises no obvious constitutional or statutory concerns.