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H.B. 203
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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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AN ACT RELATING TO THE CRIMINAL CODE; MAKING A TECHNICAL CORRECTION
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TO THE STALKING STATUTE BY DELETING REFERENCES TO A NONEXISTENT
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STATUTE.
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This act affects sections of Utah Code Annotated 1953 as follows:
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AMENDS:
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76-5-106.5, as last amended by Chapter 96, Laws of Utah 1999
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Be it enacted by the Legislature of the state of Utah:
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Section 1.
Section
76-5-106.5
is amended to read:
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76-5-106.5. Definitions -- Stalking -- Injunction -- Hearing.
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(1) As used in this section:
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(a) "Course of conduct" means repeatedly maintaining a visual or physical proximity to
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a person or repeatedly conveying verbal or written threats or threats implied by conduct or a
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combination thereof directed at or toward a person.
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(b) "Immediate family" means a spouse, parent, child, sibling, or any other person who
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regularly resides in the household or who regularly resided in the household within the prior six
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months.
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(c) "Repeatedly" means on two or more occasions.
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(2) A person is guilty of stalking who:
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(a) intentionally or knowingly engages in a course of conduct directed at a specific person
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that would cause a reasonable person:
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(i) to fear bodily injury to himself or a member of his immediate family; or
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(ii) to suffer emotional distress to himself or a member of his immediate family;
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(b) has knowledge or should have knowledge that the specific person:
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(i) will be placed in reasonable fear of bodily injury to himself or a member of his
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immediate family; or
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(ii) will suffer emotional distress or a member of his immediate family will suffer
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emotional distress; and
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(c) whose conduct:
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(i) induces fear in the specific person of bodily injury to himself or a member of his
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immediate family; or
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(ii) causes emotional distress in the specific person or a member of his immediate family.
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(3) A person is also guilty of stalking who intentionally or knowingly violates a stalking
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injunction [issued pursuant to Title 77, Chapter 3a, Stalking Injunctions], or intentionally or
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knowingly violates a permanent criminal stalking injunction issued pursuant to this section.
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(4) Stalking is a class A misdemeanor[: (a)] upon the offender's first violation of
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Subsection (2)[; or].
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[(b) if the offender violated a stalking injunction issued pursuant to Title 77, Chapter 3a,
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Stalking Injunction.]
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(5) Stalking is a third degree felony if the offender:
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(a) has been previously convicted of an offense of stalking;
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(b) has been convicted in another jurisdiction of an offense that is substantially similar to
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the offense of stalking;
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(c) has been previously convicted of any felony offense in Utah or of any crime in another
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jurisdiction which if committed in Utah would be a felony, in which the victim of the stalking or
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a member of the victim's immediate family was also a victim of the previous felony offense; or
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(d) violated a permanent criminal stalking injunction issued pursuant to Subsection (7).
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(6) Stalking is a felony of the second degree if the offender:
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(a) used a dangerous weapon as defined in Section
76-1-601
or used other means or force
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likely to produce death or serious bodily injury, in the commission of the crime of stalking;
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(b) has been previously convicted two or more times of the offense of stalking;
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(c) has been convicted two or more times in another jurisdiction or jurisdictions of
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offenses that are substantially similar to the offense of stalking;
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(d) has been convicted two or more times, in any combination, of offenses under
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Subsection (5); or
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(e) has been previously convicted two or more times of felony offenses in Utah or of
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crimes in another jurisdiction or jurisdictions which, if committed in Utah, would be felonies, in
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which the victim of the stalking was also a victim of the previous felony offenses.
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(7) A conviction for stalking or a plea accepted by the court and held in abeyance for a
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period of time shall operate as an application for a permanent criminal stalking injunction limiting
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the contact of the defendant and the victim.
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(a) A permanent criminal stalking injunction shall be issued without a hearing unless the
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defendant requests a hearing at the time of the verdict, finding, or plea of guilty, guilty and
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mentally ill, plea of no contest, or acceptance of plea in abeyance. The court shall give the
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defendant notice of his right to request a hearing.
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(i) If the defendant requests a hearing, it shall be held at the time of the verdict, finding,
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or plea of guilty, guilty and mentally ill, plea of no contest, or acceptance of plea in abeyance
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unless the victim requests otherwise, or for good cause.
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(ii) If the verdict, finding, or plea of guilty, guilty and mentally ill, plea of no contest, or
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acceptance of plea in abeyance was entered in a justice court, a certified copy of the judgment and
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conviction or a certified copy of the court's order holding the plea in abeyance must be filed by the
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victim in the district court as an application and request for hearing for a permanent criminal
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stalking injunction.
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(b) A permanent criminal stalking injunction may grant the following relief:
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(i) an order restraining the defendant from entering the residence, property, school, or place
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of employment of the victim and requiring the defendant to stay away from the victim and
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members of the victim's immediate family or household and to stay away from any specified place
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that is named in the order and is frequented regularly by the victim; and
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(ii) an order restraining the defendant from making contact with the victim, including an
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order forbidding the defendant from personally or through an agent initiating any communication
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likely to cause annoyance or alarm, including personal, written, or telephone contact with the
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victim, the victim's employers, employees, fellow workers, or others with whom communication
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would be likely to cause annoyance or alarm to the victim.
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(c) A permanent criminal stalking injunction may be dissolved upon application of the
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victim to the court which granted the order.
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(d) Notice of permanent criminal stalking injunctions issued pursuant to this section shall
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be sent by the court to the statewide warrants network or similar system.
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(e) A permanent criminal stalking injunction issued pursuant to this section shall be
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effective statewide.
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(f) Violation of an injunction issued pursuant to this section shall constitute an offense of
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stalking. Violations may be enforced in a civil action initiated by the stalking victim, a criminal
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action initiated by a prosecuting attorney, or both.
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[(g) Nothing in this section shall preclude the filing of a criminal information for stalking
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based on the same act which is the basis for the violation of the stalking injunction issued pursuant
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to Title 77, Chapter 3a, Stalking Injunctions, or permanent criminal stalking injunction.]
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Section 2. Coordination clause.
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If this bill and H.B. 34, Civil Stalking Amendments, both pass, it is the intent of the
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Legislature that the changes in this bill will not take effect.
Legislative Review Note
as of 12-10-99 2:25 PM
A limited legal review of this legislation raises no obvious constitutional or statutory concerns.