| (1) |
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Terms Used In Utah Code 78B-7-801- Abuse: means , except as provided in Section 78B-7-201, intentionally or knowingly causing or attempting to cause another individual physical harm or intentionally or knowingly placing another individual in reasonable fear of imminent physical harm. See Utah Code 78B-7-102
- Arrest: Taking physical custody of a person by lawful authority.
- Court: means the district court or juvenile court. See Utah Code 78B-7-201
- Domestic violence: means the same as that term is defined in Section 77-36-1. See Utah Code 78B-7-102
- Minor: means the same as that term is defined in Section 80-1-102. See Utah Code 78B-7-801
- Offense against a child or vulnerable adult: means the commission or attempted commission of an offense described in:
| (b) | Section 76-5-109. See Utah Code 78B-7-801 |
| (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:
| (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 |
|
| (5) |
“Qualifying offense” means:
| (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 4. |
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Amended by Chapter 114, 2023 General Session
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