HB 539 — Public Safety Modifications

(1)(a) A defendant may be prosecuted in a single criminal action for all separate offenses arising out of a single criminal episode[;

-(3)(a) 5 - HB0539 compared with HB0539S04 (3) (a) A defendant may be convicted of an offense included in the offense charged but may not be convicted of both the offense charged and the included offense.

[(a)] (i) [it] the offense is established by proof of the same or less than all of the facts required to establish the commission of the offense charged;[ {[} or] [(b)] (ii) [it] the offense constitutes an attempt, solicitation, conspiracy, or form of preparation to commit the offense charged or an offense otherwise included therein;

(5) If the district court on motion after verdict or judgment, or an appellate court on appeal or certiorari, [shall determine] determines that there is insufficient evidence to support a conviction for the offense charged but that there is sufficient evidence to support a conviction for an included offense and the trier of fact necessarily found every fact required- for5 conviction- ofH.B. that included offense, the verdict or judgment of conviction may be set aside or reversed and a judgment of conviction entered for the included offense, without necessity of a new trial, if such relief is sought by the defendant.

539 Enrolled Copy required for conviction of that included offense, the verdict or judgment of conviction may be set aside or reversed and a judgment of conviction entered for the included offense, without necessity of a new trial, if such relief is sought by the defendant.

76-2-409.76-2-409 .

or] [(ii) the relationship of a minor and a natural parent, an adoptive parent, a stepparent, or an individual living with the minor's natural parent as if a stepparent to the minor.] (b)(b)(i) (i) "Cohabitant" means the same as the term is defined in Section 78B-7-102.

or - 6 - HB0539 compared with HB0539S04 (B) a parent or stepparent of a minor, or an individual living with a parent of a minor as if a stepparent to the minor, when the minor committed the criminal offense.

(2)(2)(a) (a) An individual is entitled to battered person mitigation if:

(3)- An6 individual- claimingEnrolled mitigationCopy underH.B. Subsection (2)(a) has the burden of proving, by clear and convincing evidence, each element that would entitle the individual to mitigation under Subsection (2)(a).

539 (3) An individual claiming mitigation under Subsection (2)(a) has the burden of proving, by clear and convincing evidence, each element that would entitle the individual to mitigation under Subsection (2)(a).

(5)(5)(a) (a) If the trier of fact is a jury, an individual is not entitled to mitigation under Subsection (2)(a) unless the jury:

- 7 - HB0539 compared with HB0539S04 Section 4.

77-20-102.77-20-102 .

[(10)]- (11)7 (a)- "MaterialH.B. change in circumstances" includes:

539 Enrolled Copy [(10)] (11)(a) "Material change in circumstances" includes:

- 8 - HB0539 compared with HB0539S04 (b) "Material change in circumstances" does not include any fact or consideration that is known at the time that the pretrial status order is issued.

[(12)] (13) "No bail hold" means an order with the restrictions described in Subsection [(18)(c)][ (18)(c)] (19)(c).

(a) releases the individual on the individual's own recognizance while the individual awaits- trial8 or- otherEnrolled resolutionCopy ofH.B. criminal charges;

539 awaits trial or other resolution of criminal charges;

- 9 - HB0539 compared with HB0539S04 (b) sets the terms and conditions of the individual's pretrial release until a pretrial status order is issued;

77-20-201.77-20-201 .

(d) a felony when there is substantial evidence to support the charge and the court finds, by clear and convincing evidence, that the individual violated a material condition of release- while9 previously- onH.B. bail;

539 Enrolled Copy release while previously on bail;

and (ii) the court finds, by clear and convincing evidence, that the individual would constitute a substantial danger to an alleged victim of the domestic violence offenseoroffense or to the community after considering available conditions of release that the court may impose if the individual is released on bail;

{(f)(f) athe domestic violence offense thatof isdriving aunder classthe Ainfluence misdemeanor or felonydriving offensewith if:}a {(i)measurable therecontrolled issubstance substantialin evidence to support the charge;body if:

and} {(ii) the court finds, by clear and convincing evidence, that the domestic violence offense is committed while:} - 10 - HB0539 compared with HB0539S04 {(A) the individual is on parole or probation for a conviction of a domestic violence offense;

or } {(B) the individual is on pretrial release on a previous charge for a domestic violence offense;} {[(f){]} {(g)} } the offense of driving under the influence or driving with a measurable controlled substance in the body if:

{[(g){]}(g) {(h)} } a felony violation of Section 76-9-101 if:

or {[(h){]}(h) {(i)} } except as provided in Subsection (4), the offense of driving under the influence or driving with a measurable controlled substance in the body:

(a) an[ ]an individual is a substantial danger to the community under Subsection {[(1)(f)(iii){]}(1)(f)(iii): (1)(g)(iii)}:

or [(b)]- (ii)10 if- theEnrolled individualCopy hasH.B. a measurable amount of controlled substance in the individual's body, the individual is arrested for, or charged with, the offense of driving with a measurable controlled substance in the body and the offense resulted in death or serious bodily injury to an individual[.] ;

539 [(b)] (ii) if the individual has a measurable amount of controlled substance in the individual's body, the individual is arrested for, or charged with, the offense of driving with a measurable controlled substance in the body and the offense resulted in death or serious bodily injury to an individual[.] ;

- 11 - HB0539 compared with HB0539S04 (i) the domestic violence offense is a felony or class A misdemeanor offense;

(4) For purposes of Subsection {[(1)(h){]}(1)(h), (1)(i)}, there is a rebuttable presumption that an individual would not constitute a substantial danger to any other person or the community if:

77-20-204.77-20-204 .

(c)- Section11 23A-5-313;- H.B.

539 Enrolled Copy (c) Section 23A-5-313;

- 12 - HB0539 compared with HB0539S04 (k) Title 76, Chapter 6, Part 11, Identity Fraud Act;

(a)(a)(i) (i) the individual is ineligible to be released on the individual's own recognizance under Section 77-20-203;

or (b)(b)(i) (i) the individual is arrested for, or charged with, an eligible felony offense;

(ii)- the12 individual- isEnrolled notCopy onH.B. pretrial release for a separate criminal offense;

539 (ii) the individual is not on pretrial release for a separate criminal offense;

and - 13 - HB0539 compared with HB0539S04 (vi) law enforcement has not submitted a probable cause statement to a magistrate.

(8)- A13 jail- facilityH.B. may not release an individual subject to a 72-hour hold placed on the individual by the Department of Corrections as described in Section 64-14-205.

539 Enrolled Copy (8) A jail facility may not release an individual subject to a 72-hour hold placed on the individual by the Department of Corrections as described in Section 64-14-205.

The following section is affected by a coordination clause at the end of this bill.

77-36-1.77-36-1 .

- 14 - HB0539 compared with HB0539S04 (1) "Cohabitant" means the same as that term is defined in Section 78B-7-102.

[(4)[(4)(a) (a) "Domestic violence" or "domestic violence offense" means any criminal offense involving violence or physical harm or threat of violence or physical harm, or any attempt, conspiracy, or solicitation to commit a criminal offense involving violence or physical harm, when committed by one cohabitant against another.] [(b) "Domestic violence" or "domestic violence offense" includes the commission of or attempt to commit, any of the following offenses by one cohabitant against another:] [(i) aggravated assault under Section 76-5-103;] [(ii) aggravated cruelty to an animal under Section 76-13-203, with the intent to harass or threaten the other cohabitant;] [(iii) assault under Section 76-5-102;] [(iv) criminal homicide under Section 76-5-201;] [(v) harassment under Section 76-5-106;] [(vi) electronic communication harassment under Sections 76-12-202, 76-12-203, and 76-12-204;] [(vii) kidnapping, child kidnapping, or aggravated kidnapping under Sections 76-5-301, 76-5-301.1, and 76-5-302;] [(viii) mayhem under Section 76-5-105;] [(ix) propelling a bodily substance or material, as described in Section 76-5-102.9;] [(x) sexual offenses under Title 76, Chapter 5, Part 4, Sexual Offenses, and sexual exploitation of a minor and aggravated sexual exploitation of a minor, as described in Sections 76-5b-201 and 76-5b-201.1;] [(xi) stalking under Section 76-5-106.5;] [(xii) unlawful detention and unlawful detention of a minor under Section 76-5-304;] [(xiii) violation of a protective order or ex parte protective order under Section 76-5-108;] [(xiv) an offense against property under Title 76, Chapter 6, Part 1, Property Destruction, Title 76, Chapter 6, Part 2, Burglary and Criminal Trespass, or Title 76, Chapter 6, Part 3, Robbery;] - 1514 - HB0539Enrolled comparedCopy withH.B. HB0539S04 [(xv) disorderly conduct under Section 76-9-102, if a conviction or adjudication of disorderly conduct is the result of a plea agreement in which the perpetrator was originally charged with a domestic violence offense otherwise described in this Subsection (4), except that a conviction or adjudication of disorderly conduct as a domestic violence offense, in the manner described in this Subsection (4) (b)(xv), does not constitute a misdemeanor crime of domestic violence under 18 U.S.C.

539 described in Sections 76-5b-201 and 76-5b-201.1;] [(xi) stalking under Section 76-5-106.5;] [(xii) unlawful detention and unlawful detention of a minor under Section 76-5-304;] [(xiii) violation of a protective order or ex parte protective order under Section 76-5-108;] [(xiv) an offense against property under Title 76, Chapter 6, Part 1, Property Destruction, Title 76, Chapter 6, Part 2, Burglary and Criminal Trespass, or Title 76, Chapter 6, Part 3, Robbery;] [(xv) disorderly conduct under Section 76-9-102, if a conviction or adjudication of disorderly conduct is the result of a plea agreement in which the perpetrator was originally charged with a domestic violence offense otherwise described in this Subsection (4), except that a conviction or adjudication of disorderly conduct as a domestic violence offense, in the manner described in this Subsection (4)(b)(xv), does not constitute a misdemeanor crime of domestic violence under 18 U.S.C.

or] [(xxx) an offense under Subsection 78B-7-806(1).] [(c) "Domestic violence" or "domestic violence offense" does not include:] [(i)- enticing15 a- minorH.B. under Section 76-5-417;] [(ii) lewdness under in Section 76-5-419;

or]539 [(iii)Enrolled lewdnessCopy involving[(i) enticing a childminor under Section 76-5-420.]76-5-417;] (5)[(ii) (a)lewdness "Domesticunder violencein offense"Section or76-5-419; "domestic violence" {means} mean:

or] [(iii) lewdness involving a child under Section 76-5-420.] (5)(a) "Domestic violence offense" or "domestic violence" means:

- 16 - HB0539 compared with HB0539S04 (b) "Domestic violence offense" {includes } or "domestic violence" includeincludes the commission of, or an attempt to commit, an offense by one cohabitant against another cohabitant that is:

(X)- Section16 76-8-508,- tamperingEnrolled withCopy aH.B. witness;

539 (X) Section 76-8-508, tampering with a witness;

(AA) Section 76-9-102, disorderly conduct, if a conviction or adjudication of disorderly conduct is the result of a plea agreement in which the actor was originally charged with an offense otherwise - 17 - HB0539 compared with HB0539S04 described in this Subsection (5), except that a conviction or adjudication of disorderly conduct as a domestic violence offense, in the manner described in this Subsection (5)(b)(i)(AA), does not constitute a misdemeanor crime of domestic violence under 18 U.S.C.

or (ii) a class B or class C misdemeanor offense that isdescribedis described in:

(B)- Section17 76-5-111.3,- personalH.B. dignity exploitation of a vulnerable adult;

539 Enrolled Copy (B) Section 76-5-111.3, personal dignity exploitation of a vulnerable adult;

- 18 - HB0539 compared with HB0539S04 [(9)] (10) "Not married" means any living arrangement other than married and living together, divorced, or separated.

77-36-2.2.77-36-2.2 .

(2)(2)(a) (a) In addition to the arrest powers described in Section 77-7-2, when a peace officer responds- to18 a- [domesticEnrolled violenceCopy call]H.B. call regarding a domestic violence offense and has probable cause to believe that [an act of domestic violence] a domestic violence offense has been committed, the peace officer shall arrest without a warrant, or [shall ]issue a citation to, any [person] individual that the peace officer has probable cause to believe has committed [an act of domestic violence] a domestic violence offense.

(b)539 -responds 19to -a HB0539[domestic comparedviolence withcall] HB0539S04call [(i)]regarding Ifa thedomestic peaceviolence officeroffense and has probable cause to believe that there[an willact beof continueddomestic violence] a domestic violence againstoffense has been committed, the allegedpeace victim,officer shall arrest without a warrant, or if[shall there] isissue evidencea citation to, any [person] individual that the perpetratorpeace officer has eitherprobable recentlycause causedto seriousbelieve bodilyhas injurycommitted or[an usedact aof dangerousdomestic weaponviolence] ina the domestic violence offense,offense. the officer shall:

(b)[(i)] If the peace officer has probable cause to believe that there will be continued violence against the alleged victim, or if there is evidence that the perpetrator has either recently caused serious bodily injury or used a dangerous weapon in the domestic violence offense, the officer shall:

(3)(3)(a) (a) If a law enforcement officer receives complaints of domestic violence offenses from two or more opposing persons, the officer shall evaluate each complaint separately to determine who the predominant aggressor was.

(5)(5)(a) (a) A law enforcement officer who does not make an arrest after investigating a complaint of [domestic violence] a domestic violence offense, or who arrests two or more parties, shall submit a detailed, written report specifying the grounds for not arresting- any19 party- orH.B. for arresting both parties.

539 Enrolled Copy arresting any party or for arresting both parties.

-(6)(a) 20 - HB0539 compared with HB0539S04 (6) (a) A law enforcement officer responding to a complaint of [domestic violence] a domestic violence offense shall prepare an incident report that includes:

[(7) The department shall compile the information described in Subsections (6)(b) and (c) into a report and present that report to the Law Enforcement and Criminal Justice Interim Committee during the 2013 interim, no later than May 31, 2013.] [(8)] (7)(7)(a) (a) Each law enforcement agency shall, as soon as practicable, make a written record and maintain records of all incidents of domestic violence reported to [it, and ] the- law20 enforcement- agency.Enrolled Copy H.B.

539 the law enforcement agency.

77-36-2.6.77-36-2.6 .

- 21 - HB0539 compared with HB0539S04 (1) An alleged perpetrator who is arrested for [an offense involving domestic violence shall appear in person or by video before the court or a magistrate within one judicial day after the day on which the arrest is made] a domestic violence offense shall be presented without unnecessary delay before a magistrate for the determination of probable cause in accordance with Utah Rules of Criminal Procedure, Rule 9.

78B-7-102.78B-7-102 .

(c)- Part21 5,- SexualH.B. Violence Protective Orders;

539 Enrolled Copy (c) Part 5, Sexual Violence Protective Orders;

- 22 - HB0539 compared with HB0539S04 (6) "Civil stalking injunction" means a stalking injunction issued under Part 7, Civil Stalking Injunctions.

(7)(7)(a) (a) "Cohabitant" means[ an emancipated individual under Section 15-2-1 or an individual who is 16 years old or older who] :

[(iii)] (C) is related by blood or marriage to the other party as the individual's parent[,parent[ , grandparent, sibling, or any other individual related to the individual ] or grandparent;

(9)- "Criminal22 protective- order"Enrolled meansCopy anH.B. order issued under Part 8, Criminal Protective Orders.

539 (9) "Criminal protective order" means an order issued under Part 8, Criminal Protective Orders.

- 23 - HB0539 compared with HB0539S04 (11) "Court clerk" means a district court clerk.

(12)(12)(a) (a) "Dating partner" means an individual who:

(i)(i)(A) (A) is an emancipated individual under Section 15-2-1 or Title 80, Chapter 7, Emancipation;

(13)(13)(a) (a) "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.

(a)- a23 criminal- offenseH.B. involving violence or physical harm, or threat of violence or physical harm, when committed by an individual against a dating partner;

or539 -Enrolled 24Copy -(a) HB0539a comparedcriminal withoffense HB0539S04involving (b)violence anor attempt,physical aharm, conspiracy, or athreat solicitationof byviolence anor individualphysical toharm, commitwhen acommitted criminalby offensean involvingindividual violence or physical harm against a dating partnerpartner; of the individual.

or (b) an attempt, a conspiracy, or a solicitation by an individual to commit a criminal offense involving violence or physical harm against a dating partner of the individual.

78B-7-801.78B-7-801 .

Definitions.Definitions for part.

- 2524 - HB0539Enrolled comparedCopy withH.B. HB0539S04 (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:

539 (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:

(b)- Section25 76-5-109.2,- aggravatedH.B. child abuse;

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

- 26 - HB0539 compared with HB0539S04 (d) Section 76-5-109.4, child torture;

(5)(5)(a) (a) "Qualifying offense" means:

78B-7-802.78B-7-802 .

(2)(2)(a) (a) After [ ]an individual is arrested or issued a citation for a qualifying offense, the individual [ ]may not be released before:

- 27 - HB0539 compared with HB0539S04 (b) If an arrested individual is booked into jail, the arresting officer shall ensure that the information presented to the magistrate includes whether the alleged victim has made a- waiver26 described- inEnrolled SubsectionCopy (5)(a).H.B.

539 a waiver described in Subsection (5)(a).

(3)(3)(a) (a) If an individual charged with [ ]a qualifying offense [ ]fails to either schedule an initial appearance or to appear at the time scheduled by the magistrate within 96 hours after the time of arrest, the individual shall comply with the release conditions of a jail release agreement or jail release court order until the individual makes an initial appearance.

(c)(c)(i) (i) If the [prosecutor] prosecuting attorney determines that there is insufficient evidence to file charges before an initial appearance scheduled under Subsection (3)(a), the [prosecutor] prosecuting attorney shall transmit a notice of declination to either the magistrate who signed the jail release court - 28 - HB0539 compared with HB0539S04 order or, if the releasing agency- obtains27 a- jailH.B. release agreement from the released arrestee, to the statewide domestic violence network described in Section 78B-7-113.

539 Enrolled Copy agency obtains a jail release agreement from the released arrestee, to the statewide domestic violence network described in Section 78B-7-113.

(5)(5)(a)(i) (a) (i) After an individual is arrested or issued a citation for a qualifying offense, an alleged victim who is not a [minor] child may waive in writing any condition of a jail release agreement by:

[(iii) Except as provided in Subsection (5)(a)(iv), a parent or guardian may waive any condition of a jail release agreement on behalf of an alleged victim who is a minor in the manner described in Subsections (5)(a)(i) and (ii).] - 29 - HB0539 compared with HB0539S04 (iii) If the alleged victim is a child, and except as provided in Subsection (5)(a)(iv) or (v), the child's parent or guardian may waive any condition of a jail release agreement on behalf of the child in the manner described in Subsections (5)(a)(i) and (ii).

(iv)- A28 child's- parentEnrolled orCopy guardianH.B. may not waive any condition of a jail release agreement on behalf of the child if the parent or guardian is the individual who is arrested or issued a citation for a qualifying offense.

539 (iv) A child's parent or guardian may not waive any condition of a jail release agreement on behalf of the child if the parent or guardian is the individual who is arrested or issued a citation for a qualifying offense.

(6)(6)(a) (a) When an individual is arrested or issued a citation and subsequently released in accordance with Subsection (2), the releasing agency shall:

(b)(b)(i) (i) When an individual [ ]arrested or issued a citation for domestic violence[ ] is released under this section based on a jail release agreement, the releasing agency shall transmit that information to the statewide domestic violence network described in Section 78B-7-113.

- 30 - HB0539 compared with HB0539S04 (ii) When an individual [ ]arrested or issued a citation for domestic violence[ ] is released under this section based upon a jail release court order or if a jail release agreement is modified under Subsection (5)(b), the court shall transmit that order to the statewide domestic violence network described in Section 78B-7-113.

(c)- This29 Subsection- (6)H.B. does not create or increase liability of a law enforcement officer or agency, and the good faith immunity provided by Section 77-36-8 is applicable.

539 Enrolled Copy (c) This Subsection (6) does not create or increase liability of a law enforcement officer or agency, and the good faith immunity provided by Section 77-36-8 is applicable.

or - 31 - HB0539 compared with HB0539S04 (ii) the magistrate issues a jail release court order;

and (d) notification that the alleged perpetrator is to personally appear in court on the next day- the30 court- isEnrolled openCopy forH.B. business after the day of the arrest.

(10)539 (a)day Athe pretrialcourt oris sentencingopen protectivefor orderbusiness issuedafter underthe thisday partof supersedesthe aarrest. jail release agreement or jail release court order.

(10)(a) A pretrial or sentencing protective order issued under this part supersedes a jail release agreement or jail release court order.

(11)(11)(a) (a) This section does not apply if the individual arrested for the qualifying offense is a minor who is under 18 years old, unless the qualifying offense is domestic violence.

78B-7-1101.78B-7-1101 .

Definitions.Definitions for part.

- 32 - HB0539 compared with HB0539S04 (4) "Protective order" means:

(i) an employer;[ or] (ii)- an31 employee- performingH.B. the employee's duties as an employee;

539 Enrolled Copy (ii) an employee performing the employee's duties as an employee;

and (b)(b)(i) (i) the action would cause a reasonable person to feel terrorized, frightened, intimidated, or harassed;

78B-7-1103.78B-7-1103 .

(2)(2)(a) - 33 - HB0539 compared with HB0539S04 (a) The court may grant the following relief with or without notice or a hearing in a protective order or in a modification to a protective order:

(b)- Except32 as- providedEnrolled inCopy SubsectionH.B. (2)(a), a protective order may not restrict the respondent's communications.

539 (b) Except as provided in Subsection (2)(a), a protective order may not restrict the respondent's communications.

(a)(a)(i) (i) is personally served with notice of the hearing, as provided in the Utah Rules of Civil Procedure;

-78B-7-1105 34. - HB0539 compared with HB0539S04 78B-7-1105.

or (B) donating services to the employer if the employer is a nonprofit organization and- the33 employee- isH.B. a volunteer;

539 Enrolled Copy and the employee is a volunteer;

(2)(2)(a) (a) Subject to Subsection (2)(b), if a court grants a motion described in Subsection (1)(a), the court shall set a new date on which the workplace violence protective order expires.

78B-7-1109.78B-7-1109 .

(2) prohibit a person from engaging in constitutionally protected exercise of free speech, including non-non-threatening threatening speech and speech involving labor disputes concerning organized labor;[ or] (3) prohibit a person from engaging in an activity that is part of a labor dispute[.] ;

Effective date.

- 35 - HB0539 compared with HB0539S04 This bill takes effect on May 6, 2026.

(E)- Section34 76-5-106,- harassment;Enrolled Copy H.B.

539 (E) Section 76-5-106, harassment;

- 36 - HB0539 compared with HB0539S04 (Z) Section 76-8-508, tampering with a witness;

(GG)- Title35 76,- ChapterH.B. 12, Part 3, Privacy Offenses;

539 Enrolled Copy (GG) Title 76, Chapter 12, Part 3, Privacy Offenses;

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