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S.B. 119
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ASSAULT AND COHABITANT ABUSE ACT
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AMENDMENTS
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2000 GENERAL SESSION
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STATE OF UTAH
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Sponsor: Millie M. Peterson
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AN ACT RELATING TO THE COHABITANT ABUSE ACT AND TO THE CRIMINAL CODE;
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REDEFINING "COHABITANT" TO INCLUDE THE BIOLOGICAL PARENT OF AN
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UNBORN CHILD; AND INCREASING THE PENALTY FOR ASSAULT IF THE VICTIM IS
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A PREGNANT WOMAN AND THE ASSAILANT HAS KNOWLEDGE OF THAT FACT.
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This act affects sections of Utah Code Annotated 1953 as follows:
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AMENDS:
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30-6-1, as last amended by Chapter 282, Laws of Utah 1998
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76-5-102, as last amended by Chapter 140, 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
30-6-1
is amended to read:
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30-6-1. Definitions.
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As used in this chapter:
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(1) "Abuse" means attempting to cause, or intentionally or knowingly causing to an adult
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or minor physical harm or intentionally placing another in fear of imminent physical harm.
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(2) "Cohabitant" means an emancipated person pursuant to Section
15-2-1
or a person who
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is 16 years of age or older who:
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(a) is or was a spouse of the other party;
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(b) is or was living as if a spouse of the other party;
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(c) is related by blood or marriage to the other party;
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(d) has one or more children in common with the other party; [or]
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(e) is the biological parent of the other party's unborn child; or
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[(e)] (f) resides or has resided in the same residence as the other party.
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(3) Notwithstanding Subsection (2), "cohabitant" does not include:
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(a) the relationship of natural parent, adoptive parent, or step-parent to a minor; or
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(b) the relationship between natural, adoptive, step, or foster siblings who are under 18
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years of age.
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(4) "Court clerk" means a district court clerk or juvenile court clerk.
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(5) "Department" means the Department of Human Services.
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(6) "Domestic violence" means the same as that term is defined in Section
77-36-1
.
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(7) "Ex parte protective order" means an order issued without notice to the defendant in
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accordance with this chapter.
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(8) "Foreign protective order" means a protective order issued by another state, territory,
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or possession of the United States, tribal lands of the United States, the Commonwealth of Puerto
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Rico, or the District of Columbia shall be given full faith and credit in Utah, if the protective order
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is similar to a protective order issued in compliance with Title 30, Chapter 6, Cohabitant Abuse
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Act, or Title 77, Chapter 36, Cohabitant Abuse Procedures Act, and includes the following
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requirements:
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(a) the requirements of due process were met by the issuing court, including subject matter
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and personal jurisdiction;
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(b) the respondent received reasonable notice; and
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(c) the respondent had an opportunity for a hearing regarding the protective order.
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(9) "Law enforcement unit" or "law enforcement agency" means any public agency having
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general police power and charged with making arrests in connection with enforcement of the
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criminal statutes and ordinances of this state or any political subdivision.
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(10) "Peace officer" means those persons specified in Title 53, Chapter 13, Peace Officer
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Classifications.
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(11) "Protective order" means a restraining order issued pursuant to this chapter
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subsequent to a hearing on the petition, of which the petitioner has given notice in accordance with
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this chapter.
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Section 2.
Section
76-5-102
is amended to read:
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76-5-102. Assault.
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(1) Assault is:
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(a) an attempt, with unlawful force or violence, to do bodily injury to another;
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(b) a threat, accompanied by a show of immediate force or violence, to do bodily injury
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to another; or
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(c) an act, committed with unlawful force or violence, that causes or creates a substantial
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risk of bodily injury to another.
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(2) Assault is a class B misdemeanor.
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(3) Assault is a class A misdemeanor if:
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(a) the person causes substantial bodily injury to another[.]; or
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(b) the victim is pregnant and the person has knowledge of the pregnancy.
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(4) It is not a defense against assault, that the accused caused serious bodily injury to
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another.
Legislative Review Note
as of 1-7-00 8:56 AM
A limited legal review of this legislation raises no obvious constitutional or statutory concerns.