Utah Code 77-36-2.1. Duties of law enforcement officers — Notice to victims — Lethality assessments
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(1) As used in this section:)
Terms Used In Utah Code 77-36-2.1
- Allegation: something that someone says happened.
- Cohabitant: means the same as that term is defined in Section
78B-7-102 . See Utah Code 77-36-1 - Contract: A legal written agreement that becomes binding when signed.
- Department: means the Department of Public Safety. See Utah Code 77-36-1
- Person: means :(24)(a) an individual;(24)(b) an association;(24)(c) an institution;(24)(d) a corporation;(24)(e) a company;(24)(f) a trust;(24)(g) a limited liability company;(24)(h) a partnership;(24)(i) a political subdivision;(24)(j) a government office, department, division, bureau, or other body of government; and(24)(k) any other organization or entity. See Utah Code 68-3-12.5
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- Protective order: includes an order issued under Subsection
78B-7-804 (3). See Utah Code 77-36-1- Separated: means a couple who have had their marriage solemnized under Section
30-1-4 or30-1-6 and who are not living in the same residence. See Utah Code 77-36-1- Victim: means a cohabitant who has been subjected to domestic violence. See Utah Code 77-36-1
- Victim advocate: work with prosecutors and assist the victims of a crime.
(1)(a) “Criminal justice system victim advocate” means the same as that term is defined in Section77-38-403 .(1)(b)(1)(b)(i) “Dating relationship” means a social relationship of a romantic or intimate nature, or a relationship which has romance or intimacy as a goal by one or both parties, regardless of whether the relationship involves sexual intimacy.(1)(b)(ii) “Dating relationship” does not include casual fraternization in a business, educational, or social context.(1)(c) “Intimate partner” means an emancipated individual under Section15-2-1 or an individual who is 16 years old or older who:(1)(c)(i) is or was a spouse of the other party;(1)(c)(ii) is or was living as if a spouse of the other party;(1)(c)(iii) has or had one or more children in common with the other party;(1)(c)(iv) is the biological parent of the other party’s unborn child;(1)(c)(v) is or was in a consensual sexual relationship with the other party; or(1)(c)(vi) is or was in a dating relationship with the other party.(1)(d) “Nongovernment organization victim advocate” means the same as that term is defined in Section77-38-403 .(1)(e) “Primary purpose domestic violence organization” means a contract provider of domestic violence services as described in Section80-2-301 .
(2) A law enforcement officer who responds to an allegation of domestic violence shall:
(2)(a) use all reasonable means to protect the victim and prevent further violence, including:
(2)(a)(i) taking the action that, in the officer’s discretion, is reasonably necessary to provide for the safety of the victim and any family or household member;
(2)(a)(ii) confiscating the weapon or weapons involved in the alleged domestic violence;
(2)(a)(iii) making arrangements for the victim and any child to obtain emergency housing or shelter;
(2)(a)(iv) providing protection while the victim removes essential personal effects;
(2)(a)(v) arrange, facilitate, or provide for the victim and any child to obtain medical treatment;
(2)(a)(vi) arrange, facilitate, or provide the victim with immediate and adequate notice of the rights of victims and of the remedies and services available to victims of domestic violence, in accordance with Subsection (3); and
(2)(a)(vii) providing the pamphlet created by the department under Section 53-5c-201 to the victim if the allegation of domestic violence:
(2)(a)(vii)(A) includes a threat of violence as described in Section 76-5-107 ;
(2)(a)(vii)(B) results, or would result, in the owner cohabitant becoming a restricted person under Section 76-10-503 ; or
(2)(a)(vii)(C) is accompanied by a completed lethality assessment that demonstrates the cohabitant is at high risk of being further victimized; and
(2)(b) if the allegation of domestic violence is against an intimate partner, complete the lethality assessment protocols described in this section.
(3)
(3)(a) A law enforcement officer shall give written notice to the victim in simple language, describing the rights and remedies available under this chapter, Title 78B, Chapter 7, Part 6, Cohabitant Abuse Protective Orders, and Title 78B, Chapter 7, Part 2, Child Protective Orders.
(3)(b) The written notice shall include:
(3)(b)(i) a statement that the forms needed in order to obtain an order for protection are available from the court clerk’s office in the judicial district where the victim resides or is temporarily domiciled;
(3)(b)(ii) a list of shelters, services, and resources available in the appropriate community, together with telephone numbers, to assist the victim in accessing any needed assistance; and
(3)(b)(iii) the information required to be provided to both parties in accordance with Subsections 78B-7-802 (8) and (9) .
(4) If a weapon is confiscated under this section, the law enforcement agency shall return the weapon to the individual from whom the weapon is confiscated if a domestic violence protective order is not issued or once the domestic violence protective order is terminated.
(5) A law enforcement officer shall complete a lethality assessment form by asking the victim:
(5)(a) if the aggressor has ever used a weapon against the victim or threatened the victim with a weapon;
(5)(b) if the aggressor has ever threatened to kill the victim or the victim’s children;
(5)(c) if the victim believes the aggressor will try to kill the victim;
(5)(d) if the aggressor has ever tried to choke the victim;
(5)(e) if the aggressor has a gun or could easily get a gun;
(5)(f) if the aggressor is violently or constantly jealous, or controls most of the daily activities of the victim;
(5)(g) if the victim left or separated from the aggressor after they were living together or married;
(5)(h) if the aggressor is unemployed;
(5)(i) if the aggressor has ever attempted suicide, to the best of the victim’s knowledge;
(5)(j) if the victim has a child that the aggressor believes is not the aggressor’s biological child;
(5)(k) if the aggressor follows or spies on the victim, or leaves threatening messages for the victim; and
(5)(l) if there is anything else that worries the victim about the victim’s safety and, if so, what worries the victim.
(6) A law enforcement officer shall comply with Subsection (7) if:
(6)(a) the victim answers affirmatively to any of the questions in Subsections (5)(a) through (d);
(6)(b) the victim answers negatively to the questions in Subsections (5)(a) through (d), but affirmatively to at least four of the questions in Subsections (5)(e) through (k); or
(6)(c) as a result of the victim’s response to the question in Subsection (5)(l), the law enforcement officer believes the victim is in a potentially lethal situation.
(7) If the criteria in Subsections (6)(a), (b), or (c) are met, the law enforcement officer shall:
(7)(a) advise the victim of the results of the assessment;
(7)(b) refer the victim to a nongovernment organization victim advocate at a primary purpose domestic violence organization; and
(7)(c) refer the victim to a criminal justice system victim advocate if the responding law enforcement agency has a criminal justice system victim advocate available.
(8) If a victim does not or is unable to provide information to a law enforcement officer sufficient to allow the law enforcement officer to complete a lethality assessment form, or does not speak or is unable to speak with a nongovernment organization victim advocate, the law enforcement officer shall document this information on the lethality assessment form and submit the information to the Department of Public Safety under Subsection (9).
(9)
(9)(a) Except as provided in Subsection (9)(b), a law enforcement officer shall submit the results of a lethality assessment to the Department of Public Safety while on scene.
(9)(b) If a law enforcement officer is not reasonably able to submit the results of a lethality assessment while on scene, the law enforcement officer shall submit the results of the lethality assessment to the Department of Public Safety as soon as practicable.
(9)(c)
(9)(c)(i) Before the reporting mechanism described in Subsection (10)(a) is developed, a law enforcement officer shall submit the results of a lethality assessment to the Department of Public Safety using means prescribed by the Department of Public Safety.
(9)(c)(ii) After the reporting mechanism described in Subsection (10)(a) is developed, a law enforcement officer shall submit the results of a lethality assessment to the Department of Public Safety using that reporting mechanism.
(10) The Department of Public Safety shall:
(10)(a) as soon as practicable, develop and maintain a reporting mechanism by which a law enforcement officer will submit the results of a lethality assessment as required by Subsection (9);
(10)(b) provide prompt analytical support to a law enforcement officer who submits the results of a lethality assessment using the reporting mechanism described in Subsection (10)(a); and
(10)(c) create and maintain a database of lethality assessment data provided under this section.
(11)
(11)(a) Subject to Subsection (11)(b), a law enforcement officer shall include the results of a lethality assessment and any related, relevant analysis provided by the Department of Public Safety under Subsection (10), with:
(11)(a)(i) a probable cause statement submitted in accordance with Rule 9 of the Utah Rules of Criminal Procedure; and
(11)(a)(ii) an incident report prepared in accordance with Section 77-36-2.2 .
(11)(b) In a probable cause statement or incident report, a law enforcement officer may not include information about how or where a victim was referred under Subsection (7)(b).