2025 Domestic Violence Bills.

PASSED BILLS

HB 159 Protective Order Amendments enacts the Uniform Recognition of Canadian Domestic Violence Protection Orders Act, a statute recognizing and enforcing Canadian protective orders in Utah.

HB 195 Firearm Retention Amendments prohibits a plea in abeyance from including a condition that the defendant forfeits their firearms (unless the offense restricts firearm possession). It requires firearms seized by law enforcement as a result of a criminal offense to be returned if the individual is not restricted and may lawfully possess the firearm. Prosecution and victims groups were opposed to this bill and asked for a carveout for domestic violence cases. There was some disagreement over what DV cases restrict someone from owning a firearm, and prosecutors want to maintain the ability to negotiate the gun forfeiture in plea deals. The sponsor declined to make this carveout since anyone not restricted can just go buy another gun the same day anyway.

HB 287 Stalking Amendments creates an exception to the stalking statute for business owners engaging in conduct "reasonable and necessary" to protect their interest, as long as the conduct is not directed toward a cohabitant.

HB 312 Criminal Justice Amendments is Rep. Lisonbee’s bill expanding the definition of “habitual offenders” as it pertains to misdemeanants, directing how treatment of this population should differ as it comes to pretrial release and sentencing. A habitual offender is defined as an individual who meets any of the following criteria:

  • Has been convicted in at least five previous cases, with each case involving one or more felony offenses, and each conviction occurred within the five-year period immediately preceding the day on which the defendant is convicted of a new felony offense.

  • Has been charged with one or more felony offenses in at least nine separate cases, and a felony charge in each case was issued within the five-year period immediately preceding the day on which the defendant is convicted of a new felony offense.

  • Has been convicted in at least nine previous cases, with each case involving one or more misdemeanor offenses, and each conviction occurred within the three-year period immediately preceding the day on which the defendant is convicted of a new misdemeanor or felony offense.

  • Has been charged with one or more misdemeanor offenses in at least 19 separate cases, and a misdemeanor charge in each case was issued within the three-year period immediately preceding the day on which the defendant is convicted of a new misdemeanor or felony offense.

The bill also does the following:

  • Requires a jail to contract with another jail before releasing someone due to overcrowding if their arrest or conviction is for a violent offense, felony drug offense, fentanyl offense, or DUI with injury or death, or if they are a habitual offender, if they have been arrested or convicted of another crime in the last 30 days, or if they have an outstanding warrant for failing to appear

  • Requires jails to prioritize housing county inmates over federal inmates

  • Prohibits the Department of Corrections from housing inmates in a private correctional facility, unless the purpose is federal immigration detention or civil detention

  • Adds strangulation or choking to DV in the presence of a child 

  • Prohibits the use of state funds for a syringe exchange program

  • Requires a county sheriff to report statistics on releases due to overcrowding and pretrial release

  • Prohibits releasing someone on a financial condition is the offense is a misdemeanor offenses for DV or DUI

The original bill also had provisions like criminalizing mask wearing in public spaces and allowing city prosecutors to prosecute felonies when county prosecutors failed to do so, as well as several provisions related to bail, but all of these were removed due to significant opposition.

SB 83 Law Enforcement Policy Requirements requires a law enforcement agency to adopt a policy regarding their process for investigations into criminal violations of stalking injunctions, jail release agreements, jail release court orders, or protective orders. The policy must include best practices for investigating repeat violations and information and referral resources for victims.

SB 123 Criminal Protective Order Amendments requires the court to include a provision in protective orders prohibiting the alleged perpetrator from terminating a utility service for 60 days. Some legislators were concerned that this bill would force the accused to pay for services they were legally not allowed to use, and in response to this, Sen. Pitcher added a provision clarifying that this bill is not a determination that the alleged perpetrator is responsible for the costs of a utility service to a victim's residence.

SB 191 Protective Orders Amendments represents an idea we’ve spoken with previously to the sponsor, although we had little involvement in the bill this year. It creates a no-fault cohabitant abuse protective order which can be issued without a finding by the court that the respondent has committed, or will commit, domestic violence or abuse. The no-fault order may only be issued when the petitioner and respondent both agree to the terms of the order and can’t be used as evidence in a civil or criminal proceeding that the respondent committed domestic violence or abuse. The bill also provides that a no-fault cohabitant abuse protective order does not prevent a petitioner from obtaining a protective order in the future.

FAILED BILLS

HB 305 Cohabitant Definition Amendments would have expanded the definition of cohabitant, but it did not pass.

HB 539 Criminal Justice Modifications came out late in the session and represents a slew of domestic violence changes requested by SWAP. Specifically, the bill did the following:

  • Directs the sentencing commission to revise domestic violence sentencing and supervision length guidelines and create a matrix that considers a prior DV conviction as an aggravating factor and takes into account an offender's risk of reoffending based on a DV risk assessment.

  • Provides that the definition of "cohabitant" includes the minor child of a parent or stepparent if the parent commits an offense, but does not include the parent or siblings if the child committed the offense

  • Adds strangulation to the list of qualifying offenses of DV in the presence of a child (this provision was also in HB 312, which did pass). 

  • Removes bail for people charged with a DV offense while on parole, probation, or pretrial release for a DV offense. 

  • Adds several offenses to those qualifying for DV, including: aggravated child abuse, abuse of a vulnerable adult, aggravated abuse of a vulnerable adult, personal dignity exploitation of a vulnerable adult, financial exploitation of a vulnerable adult, commission of domestic violence in the presence of a child, human trafficking for labor, human trafficking for sexual exploitation, human trafficking of a child, aggravated human trafficking, human trafficking of a vulnerable adult, aggravated sexual exploitation of a minor, and Offenses Against Privacy under Title 76, Chapter 9, Part 4. 

  • Removes, as a DV offense, damage to or interruption of a communication device under Section 76-6-108. 

  • Removes some limiting language around DV-eligible disorderly conduct offenses and the federal Firearms Act. 

  • Provides that automatic arrest or citation laws with DV offenses do not apply to a child abuse offense, which must be investigated according to child welfare laws. 

  • Removes DV data-tracking and reporting statutes. 

  • Prohibits a parent from waiving any condition of a jail release agreement on behalf of an alleged victim who is a child if the parent is the one arrested or cited for the qualifying offense. 

  • Requires, in custody statute, a parent to immediately notify the other parent if they reside with someone convicted of child abuse, aggravated child abuse, child abandonment, DV in front of a child, child abuse homicide, sexual offenses against a minor, kidnapping/trafficking/smuggling of a minor, or sexual exploitation of a minor, and provides that these constitute a material change in circumstances. 

  • Adds child abuse, aggravated child abuse, child abandonment, and DV in front of a child to the list of offenses that disqualify someone who is not parent of the child for custody of that child.

This bill did not come out of Rules and was only briefly discussed in a Sentencing Commission meeting. We expect these issues to come up during the interim and some or all of the provisions will likely be included in a bill next year.

SB 148 Court Fees and Administration Amendments increases the surcharge for cases filed using the online court assistance program from $20 to $60 and waives the fee for those preparing a request for a protective order.