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H.B. 34
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h
REILLY
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CIVIL STALKING AMENDMENTS
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2000 GENERAL SESSION
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STATE OF UTAH
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Sponsor: Lawanna Shurtliff
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Chad E. Bennion
David L. Gladwell
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AN ACT RELATING TO THE CODE OF CRIMINAL PROCEDURE; CREATING A
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PROCEDURE FOR THE ISSUANCE OF A CIVIL STALKING INJUNCTION; MAKING
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TECHNICAL CORRECTIONS; AND PROVIDING AN EFFECTIVE DATE.
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This act affects sections of Utah Code Annotated 1953 as follows:
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AMENDS:
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21-1-5, as last amended by Chapter 309, Laws of Utah 1999
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77-3-1, as enacted by Chapter 15, Laws of Utah 1980
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ENACTS:
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77-3a-101, Utah Code Annotated 1953
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77-3a-102, Utah Code Annotated 1953
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77-3a-103, Utah Code Annotated 1953
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Be it enacted by the Legislature of the state of Utah:
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Section 1.
Section
21-1-5
is amended to read:
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21-1-5. Civil fees of the courts of record -- Courts complex design.
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(1) (a) The fee for filing any civil complaint or petition invoking the jurisdiction of a court
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of record not governed by another subsection is $120.
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(b) The fee for filing a complaint or petition is:
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(i) $37 if the claim for damages or amount in interpleader exclusive of court costs, interest,
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and attorney fees is $2,000 or less;
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(ii) $80 if the claim for damages or amount in interpleader exclusive of court costs,
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interest, and attorney fees is greater than $2,000 and less than $10,000;
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(iii) $120 if the claim for damages or amount in interpleader is $10,000 or more; [and]
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(iv) $80 if the petition is filed under Title 30, Chapter 3, Divorce, or Title 30, Chapter 4,
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Separate Maintenance[.]; and
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(v) $75 if the petition is for a civil stalking injunction under Title 77, Chapter 3a, Stalking
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Injunctions.
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(c) The fee for filing a small claims affidavit is:
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(i) $37 if the claim for damages or amount in interpleader exclusive of court costs, interest,
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and attorney fees is $2,000 or less; and
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(ii) $60 if the claim for damages or amount in interpleader exclusive of court costs,
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interest, and attorney fees is greater than $2,000.
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(d) The fee for filing a counter claim, cross claim, complaint in intervention, third party
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complaint, or other claim for relief against an existing or joined party other than the original
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complaint or petition is:
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(i) $45 if the claim for relief exclusive of court costs, interest, and attorney fees is $2,000
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or less;
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(ii) $60 if the claim for relief exclusive of court costs, interest, and attorney fees is greater
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than $2,000 and less than $10,000;
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(iii) $90 if the original petition is filed under Subsection (1)(a) or when the claim for relief
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is $10,000 or more; and
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(iv) $60 if the original petition is filed under Title 30, Chapter 3, Divorce, or Title 30,
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Chapter 4, Separate Maintenance.
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(e) The fee for filing a small claims counter affidavit is:
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(i) $35 if the claim for relief exclusive of court costs, interest, and attorney fees is $2,000
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or less; and
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(ii) $50 if the claim for relief exclusive of court costs, interest, and attorney fees is greater
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than $2,000.
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(f) The fee for depositing funds under Section
57-1-29
when not associated with an action
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already before the court is determined under Subsection (1)(b) based on the amount deposited.
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(g) The fee for filing a petition for trial de novo of an adjudication of the justice court or
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of the small claims department is $70.
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(h) The fee for filing a notice of appeal, petition for appeal of an interlocutory order, or
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petition for writ of certiorari is $190.
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(i) (i) Except for a petition filed under Subsection
77-18-10
(2), the fee for filing a petition
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for expungement is $50.
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(ii) There is no fee for a petition filed under Subsection
77-18-10
(2).
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(j) (i) Fifteen dollars of the fees established by Subsections (1)(a) through (i) shall be
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allocated to the Judges' Retirement Trust Fund, as provided in Title 49, Chapter 6, Judges'
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Retirement Act.
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(ii) Two dollars of the fees established by Subsections (1)(a) through (i) shall be allocated
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by the state treasurer to be deposited in the restricted account, Children's Legal Defense Account,
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as provided in Section
63-63a-8
.
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(iii) One dollar of the fees established under Subsections (1)(a) through (e), (1)(g), and
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(1)(r) shall be allocated to and deposited with the Dispute Resolution Fund as provided in Section
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78-31b-9
.
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(k) The fee for filing a judgment, order, or decree of a court of another state or of the
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United States is $25.
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(l) The fee for filing probate or child custody documents from another state is $25.
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(m) (i) The fee for filing an abstract or transcript of judgment, order, or decree of the Utah
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State Tax Commission is $30.
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(ii) The fee for filing an abstract or transcript of judgment of a court of law of this state
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or a judgment, order, or decree of an administrative agency, commission, board, council, or hearing
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officer of this state or of its political subdivisions other than the Utah State Tax Commission, is
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$40.
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(n) The fee for filing a judgment by confession without action under Section
78-22-3
is
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$25.
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(o) The fee for filing an award of arbitration for confirmation, modification, or vacation
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under Title 78, Chapter 31a, Utah Arbitration Act, that is not part of an action before the court is
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$25.
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(p) The fee for filing a petition or counter-petition to modify a decree of divorce is $30.
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(q) The fee for filing any accounting required by law is:
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(i) $10 for an estate valued at $50,000 or less;
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(ii) $20 for an estate valued at $75,000 or less but more than $50,000;
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(iii) $40 for an estate valued at $112,000 or less but more than $75,000;
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(iv) $80 for an estate valued at $168,000 or less but more than $112,000; and
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(v) $150 for an estate valued at more than $168,000.
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(r) The fee for filing a demand for a civil jury is $50.
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(s) The fee for filing a notice of deposition in this state concerning an action pending in
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another state under Utah Rule of Civil Procedure 26 is $25.
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(t) The fee for filing documents that require judicial approval but are not part of an action
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before the court is $25.
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(u) The fee for a petition to open a sealed record is $25.
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(v) The fee for a writ of replevin, attachment, execution, or garnishment is $20 in addition
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to any fee for a complaint or petition.
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(w) The fee for a petition for authorization for a minor to marry required by Section
30-1-9
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is $5.
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(x) The fee for a certificate issued under Section
26-2-25
is $2.
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(y) The fee for a certified copy of a document is $2 per document plus 50 cents per page.
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(z) The fee for an exemplified copy of a document is $4 per document plus 50 cents per
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page.
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(aa) The Judicial Council shall by rule establish a schedule of fees for copies of documents
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and forms and for the search and retrieval of records under Title 63, Chapter 2, Government
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Records Access and Management Act. Fees under this subsection shall be credited to the court
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as a reimbursement of expenditures.
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(bb) There is no fee for services or the filing of documents not listed in this section or
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otherwise provided by law.
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(cc) Except as provided in this section, all fees collected under this section are paid to the
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General Fund. Except as provided in this section, all fees shall be paid at the time the clerk accepts
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the pleading for filing or performs the requested service.
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(dd) The filing fees under this section may not be charged to the state, its agencies, or
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political subdivisions filing or defending any action. In judgments awarded in favor of the state,
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its agencies, or political subdivisions, except the Office of Recovery Services, the court shall order
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the filing fees and collection costs to be paid by the judgment debtor. The sums collected under
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this subsection shall be applied to the fees after credit to the judgment, order, fine, tax, lien, or
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other penalty and costs permitted by law.
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(2) (a) (i) From March 17, 1994 until June 30, 1998, the administrator of the courts shall
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transfer all revenues representing the difference between the fees in effect after May 2, 1994, and
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the fees in effect before February 1, 1994, as dedicated credits to the Division of Facilities
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Construction and Management Capital Projects Fund.
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(ii) (A) Except as provided in Subsection (2)(a)(ii)(B), the Division of Facilities
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Construction and Management shall use up to $3,750,000 of the revenue deposited in the Capital
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Projects Fund under this Subsection (2)(a) to design and take other actions necessary to initiate the
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development of a courts complex in Salt Lake City.
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(B) If the Legislature approves funding for construction of a courts complex in Salt Lake
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City in the 1995 Annual General Session, the Division of Facilities Construction and Management
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shall use the revenue deposited in the Capital Projects Fund under Subsection (2)(a)(ii) to construct
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a courts complex in Salt Lake City.
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(C) After the courts complex is completed and all bills connected with its construction
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have been paid, the Division of Facilities Construction and Management shall use any monies
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remaining in the Capital Projects Fund under Subsection (2)(a)(ii) to fund the Vernal District Court
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building.
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(iii) The Division of Facilities Construction and Management may enter into agreements
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and make expenditures related to this project before the receipt of revenues provided for under this
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subsection.
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(iv) The Division of Facilities Construction and Management shall:
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(A) make those expenditures from unexpended and unencumbered building funds already
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appropriated to the Capital Projects Fund; and
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(B) reimburse the Capital Projects Fund upon receipt of the revenues provided for under
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this Subsection (2).
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(b) After June 30, 1998, the administrator of the courts shall ensure that all revenues
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representing the difference between the fees in effect after May 2, 1994, and the fees in effect
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before February 1, 1994, are transferred to the Division of Finance for deposit in the restricted
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account.
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(c) The Division of Finance shall deposit all revenues received from the court
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administrator into the restricted account created by this section.
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(d) (i) From May 1, 1995 until June 30, 1998, the administrator of the courts shall transfer
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$7 of the amount of a fine or bail forfeiture paid for a violation of Title 41, Motor Vehicles, in a
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court of record to the Division of Facilities Construction and Management Capital Projects Fund.
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The division of money pursuant to Section
78-3-14.5
shall be calculated on the balance of the fine
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or bail forfeiture paid.
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(ii) After June 30, 1998, the administrator of the courts shall transfer $7 of the amount of
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a fine or bail forfeiture paid for a violation of Title 41, Motor Vehicles, in a court of record to the
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Division of Finance for deposit in the restricted account created by this section. The division of
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money pursuant to Section
78-3-14.5
shall be calculated on the balance of the fine or bail forfeiture
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paid.
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(3) (a) There is created within the General Fund a restricted account known as the State
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Courts Complex Account.
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(b) The Legislature may appropriate monies from the restricted account to the
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administrator of the courts for the following purposes only:
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(i) to repay costs associated with the construction of the court complex that were funded
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from sources other than revenues provided for under this subsection; and
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(ii) to cover operations and maintenance costs on the court complex.
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Section 2.
Section
77-3-1
is amended to read:
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77-3-1. Threatened offense -- Complaint.
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A complaint that a person has threatened to commit an offense against the person or
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property of another, except in the case of stalking, may be made before any magistrate. Petitions
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alleging the commission of stalking shall be handled pursuant to Title 77, Chapter 3a, Stalking
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Injunctions.
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Section 3.
Section
77-3a-101
is enacted to read:
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CHAPTER 3a. STALKING INJUNCTIONS
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77-3a-101. Civil stalking injunction -- Petition -- Ex parte injunction.
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(1) As used in this chapter, "stalking" means the crime of stalking as defined in Section
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76-5-106.5
. Stalking injunctions may not be obtained against law enforcement officers,
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governmental investigators, or licensed private investigators, acting in their official capacity.
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(2) Any person who believes that he or she is the victim of stalking may file a verified
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written petition for a civil stalking injunction against the alleged stalker with the district court in
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the district in which the petitioner or respondent resides or in which any of the events occurred.
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A minor h
WITH HIS OR HER PARENT OR GUARDIAN
h may file a petition on his or her own h
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BEHALF
h , or a parent, guardian, or custodian may file a
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petition on the minor's behalf.
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(3) The Administrative Office of the Courts shall develop and adopt uniform forms for
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petitions, ex parte civil stalking injunctions, civil stalking injunctions, service and any other
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necessary forms in accordance with the provisions of this chapter on or before July 1, 2000. The
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office shall provide the forms to the clerk of each district court.
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(a) All petitions, injunctions, ex parte injunctions, and any other necessary forms shall be
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issued in the form adopted by the Administrative Office of the Courts.
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(b) The offices of the court clerk shall provide the forms to persons seeking to proceed
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under this chapter.
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(4) The petition for a civil stalking injunction shall include:
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(a) the name of the petitioner; however, the petitioner's address shall be disclosed to the
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court for purposes of service, but, on request of the petitioner, the address may not be listed on the
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petition, and shall be protected and maintained in a separate document or automated database, not
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subject to release, disclosure, or any form of public access except as ordered by the court for good
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cause shown;
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(b) the name and address, if known, of the respondent;
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(c) specific events and dates of the actions constituting the alleged stalking;
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(d) if there is a prior court order concerning the same conduct, the name of the court in
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which the order was rendered; and
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(e) corroborating evidence of stalking, which may be in the form of a police report,
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affidavit, record, statement, item, letter, or any other evidence which tends to prove the allegation
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of stalking.
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(5) If the court determines that there is reason to believe that an offense of stalking has
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occurred, an ex parte civil stalking injunction may be issued by the court that includes any of the
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following:
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(a) respondent may be enjoined from committing stalking;
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(b) respondent may be restrained from coming near the residence, place of employment,
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or school of the other party or specifically designated locations or persons;
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(c) respondent may be restrained from contacting, directly or indirectly, the other party,
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including personal, written or telephone contact with the other party, the other party's employers,
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employees, fellow workers or others with whom communication would be likely to cause
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annoyance or alarm to the other party; or
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(d) any other relief necessary or convenient for the protection of the petitioner and other
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specifically designated persons under the circumstances.
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(6) Within ten days of service of the ex parte civil stalking injunction, the respondent is
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entitled to request, in writing, an evidentiary hearing on the civil stalking injunction.
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(a) A hearing requested by the respondent shall be held within ten days from the date the
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request is filed with the court unless the court finds compelling reasons to continue the hearing.
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The hearing shall then be held at the earliest possible time. The burden is on the petitioner to show
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by a preponderance of the evidence that stalking of the petitioner by the respondent has occurred.
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(b) An ex parte civil stalking injunction issued under this section shall state on its face:
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(i) that the respondent is entitled to a hearing, upon written request within ten days of the
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service of the order;
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(ii) the name and address of the district court where the request may be filed;
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(iii) that if the respondent fails to request a hearing within ten days of service, the ex parte
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civil stalking injunction is automatically modified to a civil stalking injunction without further
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notice to the respondent and that the civil stalking injunction expires three years after service of
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the ex parte civil stalking injunction; and
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(iv) that if the respondent requests, in writing, a hearing after the ten-day period after
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service, the court shall set a hearing within a reasonable time from the date requested.
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(7) At the hearing, the court may modify, revoke, or continue the injunction. The burden
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is on the respondent to show good cause why the civil stalking injunction should be dissolved or
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modified.
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(a) If the court finds that the respondent has shown good cause, then the burden is on the
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petitioner to show by a preponderance of the evidence that stalking of the petitioner by the
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respondent has occurred.
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(b) If the court finds that the respondent has failed to show good cause why the civil
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stalking injunction should be dissolved or modified, then the civil stalking injunction shall
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continue in effect.
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(8) The ex parte civil stalking injunction and civil stalking injunction shall include the
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following statement: "Attention. This is an official court order. If you disobey this order, the court
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may find you in contempt. You may also be arrested and prosecuted for the crime of stalking and
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any other crime you may have committed in disobeying this order."
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(9) The ex parte civil stalking injunction shall be served on the respondent within 90 days
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from the date it is signed. An ex parte civil stalking injunction is effective upon service. If no
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hearing is requested in writing by the respondent within ten days of service of the ex parte civil
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stalking injunction, the ex parte civil stalking injunction automatically becomes a civil stalking
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injunction without further notice to the respondent and expires three years from the date of service
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of the ex parte civil stalking injunction.
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(10) If the respondent requests a hearing after the ten-day period after service, the court
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shall set a hearing within a reasonable time from the date requested. At the hearing, the burden
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is on the respondent to show good cause why the civil stalking injunction should be dissolved or
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modified.
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(11) Within 24 hours after the affidavit or acceptance of service has been returned,
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excluding weekends and holidays, the clerk of the court from which the ex parte civil stalking
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injunction was issued shall enter a copy of the ex parte civil stalking injunction and proof of
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service or acceptance of service in the statewide network for warrants or a similar system.
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(a) The effectiveness of an ex parte civil stalking injunction or civil stalking injunction
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shall not depend upon its entry in the statewide system and, for enforcement purposes, a certified
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copy of an ex parte civil stalking injunction or civil stalking injunction is presumed to be a valid
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existing order of the court for a period of three years from the date of service of the ex parte civil
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stalking injunction on the respondent.
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(b) Any changes or modifications of the ex parte civil stalking injunction are effective
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upon service on the respondent. The original ex parte civil stalking injunction continues in effect
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until service of the changed or modified civil stalking injunction on the respondent.
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(12) Within 24 hours after the affidavit or acceptance of service has been returned,
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excluding weekends and holidays, the clerk of the court shall enter a copy of the changed or
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modified civil stalking injunction and proof of service or acceptance of service in the statewide
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network for warrants or a similar system.
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(13) The ex parte civil stalking injunction or civil stalking injunction may be dissolved at
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any time upon application of the petitioner to the court which granted it.
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(14) The court clerk shall provide, without charge, to the petitioner one certified copy of
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the injunction issued by the court and one certified copy of the proof of service of the injunction
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on the respondent. Charges may be imposed by the clerk's office for any additional copies,
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certified or not certified in accordance with Rule 4-202.08 of the Code of Judicial Administration.
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(15) The remedies provided in this chapter for enforcement of the orders of the court are
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in addition to any other civil and criminal remedies available. The district court shall hear and
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decide all matters arising pursuant to this section.
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(16) After a hearing with notice to the affected party, the court may enter an order
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requiring any party to pay the costs of the action, including reasonable attorney's fees.
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(17) This chapter does not apply to protective orders or ex parte protective orders issued
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pursuant to Title 30, Chapter 6, Cohabitant Abuse Act, or to preliminary injunctions issued
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pursuant to an action for dissolution of marriage or legal separation.
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Section 4.
Section
77-3a-102
is enacted to read:
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77-3a-102. Fees -- Service of process.
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(1) The filing fees for all petitions under this chapter shall be as stated in Section
21-1-5
.
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(2) Ex parte civil stalking injunctions and civil stalking injunctions shall be served by a
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sheriff or constable.
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(3) All service shall be in accordance with applicable law.
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(4) Fees for service shall be in accordance with applicable law.
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Section 5.
Section
77-3a-103
is enacted to read:
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77-3a-103. Enforcement.
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(1) A peace or law enforcement officer shall, without a warrant, arrest a person if the peace
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or law enforcement officer has probable cause to believe that the person has violated an ex parte
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civil stalking injunction or civil stalking injunction issued pursuant to this chapter or has violated
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a permanent criminal stalking injunction issued pursuant to Section
76-5-106.5
, whether or not the
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violation occurred in the presence of the officer.
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(2) A violation of an ex parte civil stalking injunction or of a civil stalking injunction
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issued pursuant to this chapter constitutes the criminal offense of stalking as defined in Section
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76-5-106.5
and is also a violation of the civil stalking injunction. Violations may be enforced by
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a civil action initiated by the petitioner, a criminal action initiated by a prosecuting attorney, or
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both.
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Section 6. Effective date.
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This act takes effect on July 1, 2000.
Legislative Review Note
as of 12-29-99 1:28 PM
A limited legal review of this legislation raises no obvious constitutional or statutory concerns.