Utah Code § 78B-7-801

Current through the 2024 Fourth Special Session

Section 78B-7-801 - Definitions

As used in this part:

(1)

(a) "Jail release agreement" means a written agreement that is entered into by an individual who is arrested or issued a citation, regardless of whether the individual is booked into jail:

(i) under which the arrested or cited individual agrees to not engage in any of the following:

(A) telephoning, contacting, or otherwise communicating with the alleged victim, directly or indirectly;

(B) threatening or harassing the alleged victim; or

(C) knowingly entering onto the premises of the alleged victim's residence or on premises temporarily occupied by the alleged victim, unless, after a law enforcement officer or the law enforcement officer's employing agency notifies or attempts to notify the alleged victim, the individual enters the premises while accompanied by a law enforcement officer for the purpose of retrieving the individual's personal belongings; and

(ii) that specifies other conditions of release from jail or arrest.

(b) "Jail release agreement" includes a written agreement that includes the conditions described in Section (1)(a) entered into by a minor who is taken into custody or placed in detention or a shelter facility under Section 80-6-201.

(2) "Jail release court order" means a written court order that:

(a) orders an arrested or cited individual not to engage in any of the following:

(i) telephoning, contacting, or otherwise communicating with the alleged victim, directly or indirectly;

(ii) threatening or harassing the alleged victim; or

(iii) knowingly entering onto the premises of the alleged victim's residence or on premises temporarily occupied by the alleged victim, unless, after a law enforcement officer or the law enforcement officer's employing agency notifies or attempts to notify the alleged victim, the individual enters the premises while accompanied by a law enforcement officer for the purpose of retrieving the individual's personal belongings; and

(b) specifies other conditions of release from jail.

(3) "Minor" means the same as that term is defined in Section 80-1-102.

(4) "Offense against a child or vulnerable adult" means the commission or attempted commission of an offense described in:

(a) Section 76-5-109, child abuse;

(b) Section 76-5-109.2, aggravated child abuse;

(c) Section 76-5-109.3, child abandonment;

(d) Section 76-5-110, abuse or neglect of a child with a disability;

(e) Section 76-5-111, abuse of a vulnerable adult;

(f) Section 76-5-111.2, aggravated abuse of a vulnerable adult;

(g) Section 76-5-111.3, personal dignity exploitation of a vulnerable adult;

(h) Section 76-5-111.4, financial exploitation of a vulnerable adult;

(i) Section 76-5-114, commission of domestic violence in the presence of a child; or

(j) Section 76-9-702.1, sexual battery.

(5) "Qualifying offense" means:

(a) domestic violence;

(b) an offense against a child or vulnerable adult; or

(c) the commission or attempted commission of an offense described in Section 76-9-702.1 or Title 76, Chapter 5, Part 4, Sexual Offenses.

Utah Code § 78B-7-801

Amended by Chapter 114, 2023 General Session ,§ 1, eff. 5/3/2023.

Amended by Chapter 430, 2022 General Session ,§ 62, eff. 5/4/2022.

Amended by Chapter 159, 2021 General Session ,§ 25, eff. 5/5/2021, coordination clause.

Amended by Chapter 159, 2021 General Session ,§ 20, eff. 5/5/2021.

Added by Chapter 142, 2020 General Session ,§ 61, eff. 7/1/2020.