reglab/housing_qa huggingface dataset:
UT Code § 77-36-6 (2021)
2021 Utah Code|Title 77 - Utah Code of Criminal Procedure|Chapter 36 - Cohabitant Abuse Procedures Act|Section 6 - Enforcement of orders.

 Effective 7/1/2020  77-36-6. Enforcement of orders.    (1) Each law enforcement agency in this state shall enforce all orders of the court issued under the requirements and procedures described in this chapter, and shall enforce:   (a) all protective orders and ex parte protective orders issued under Title 78B, Chapter 7, Part 6, Cohabitant Abuse Protective Orders;     (b) pretrial protective orders issued under Section 78B-7-803 and sentencing protective orders and continuous protective orders issued under Section 78B-7-804; and     (c) all foreign protection orders enforceable under Title 78B, Chapter 7, Part 3, Uniform Interstate Enforcement of Domestic Violence Protection Orders Act.       (2) The requirements of this section apply statewide, regardless of the jurisdiction in which the order was issued or the location of the victim or the perpetrator.    Amended by Chapter 142, 2020 General Session
UT Code § 77-36-7 (2021)
2021 Utah Code|Title 77 - Utah Code of Criminal Procedure|Chapter 36 - Cohabitant Abuse Procedures Act|Section 7 - Prosecutor to notify victim of decision as to prosecution.

77-36-7. Prosecutor to notify victim of decision as to prosecution.    (1) The prosecutor who is responsible for making the decision of whether to prosecute a case shall advise the victim, if the victim has requested notification, of the status of the victim's case and shall notify the victim of a decision within five days after the decision has been made.     (2) Notification to the victim that charges will not be filed against an alleged perpetrator shall include a description of the procedures available to the victim in that jurisdiction for initiation of criminal and other protective proceedings.    Amended by Chapter 244, 1996 General Session
UT Code § 77-36-8 (2021)
2021 Utah Code|Title 77 - Utah Code of Criminal Procedure|Chapter 36 - Cohabitant Abuse Procedures Act|Section 8 - Peace officers' immunity from liability.

77-36-8. Peace officers' immunity from liability.  A peace officer may not be held liable in any civil action brought by a party to an incident of domestic violence for making or failing to make an arrest or for issuing or failing to issue a citation in accordance with this chapter, for enforcing in good faith an order of the court, or for acting or omitting to act in any other way in good faith under this chapter, in situations arising from an alleged incident of domestic violence.  Amended by Chapter 300, 1995 General Session
UT Code § 77-36-9 (2021)
2021 Utah Code|Title 77 - Utah Code of Criminal Procedure|Chapter 36 - Cohabitant Abuse Procedures Act|Section 9 - Separability clause.

77-36-9. Separability clause.  If any provision of this chapter or its application to any person or circumstance is held invalid, the remainder of the chapter or the application of the provision to other persons or circumstances is not affected.  Enacted by Chapter 114, 1983 General Session
UT Code § 77-36-10 (2021)
2021 Utah Code|Title 77 - Utah Code of Criminal Procedure|Chapter 36 - Cohabitant Abuse Procedures Act|Section 10 - Authority to prosecute class A misdemeanor violations.

77-36-10. Authority to prosecute class A misdemeanor violations.  Alleged class A misdemeanor violations of this chapter may be prosecuted by city attorneys.  Enacted by Chapter 244, 1996 General Session
UT Code § 77-37-1 (2021)
2021 Utah Code|Title 77 - Utah Code of Criminal Procedure|Chapter 37 - Victims' Rights|Section 1 - Legislative intent.

77-37-1. Legislative intent.    (1) The Legislature recognizes the duty of victims and witnesses of crime to fully and voluntarily cooperate with law enforcement and prosecutorial agencies, the essential nature of citizen cooperation to state and local law enforcement efforts, and the general effectiveness and well-being of the criminal justice system of this state. In this chapter, the Legislature declares its intent to ensure that all victims and witnesses of crime are treated with dignity, respect, courtesy, and sensitivity, and that the rights extended in this chapter to victims and witnesses of crime are honored and protected by law in a manner no less vigorous than protections afforded criminal defendants.     (2) The Legislature finds it is necessary to provide child victims and child witnesses with additional consideration and different treatment than that usually afforded to adults. The treatment should ensure that children's participation in the criminal justice process be conducted in the most effective and least traumatic, intrusive, or intimidating manner.    Enacted by Chapter 194, 1987 General Session
UT Code § 77-37-2 (2021)
2021 Utah Code|Title 77 - Utah Code of Criminal Procedure|Chapter 37 - Victims' Rights|Section 2 - Definitions.

77-37-2. Definitions.  In this chapter:  (1) "Child" means a person who is younger than 18 years of age, unless otherwise specified in statute. The rights to information as extended in this chapter also apply to the parents, custodian, or legal guardians of children.     (2) "Family member" means spouse, child, sibling, parent, grandparent, or legal guardian.     (3) "Victim" means a person against whom a crime has allegedly been committed, or against whom an act has allegedly been committed by a juvenile or incompetent adult, which would have been a crime if committed by a competent adult.     (4) "Witness" means any person who has been subpoenaed or is expected to be summoned to testify for the prosecution or who by reason of having relevant information is subject to call or likely to be called as a witness for the prosecution, whether any action or proceeding has commenced.    Enacted by Chapter 194, 1987 General Session
UT Code § 77-37-5 (2021)
2021 Utah Code|Title 77 - Utah Code of Criminal Procedure|Chapter 37 - Victims' Rights|Section 5 - Remedies -- District Victims' Rights Committee.

 Effective 7/1/2021  77-37-5. Remedies -- District Victims' Rights Committee.    (1) In each judicial district, the Utah Council on Victims of Crime, established in Section 63M-7-601, shall appoint a person who shall chair a judicial district victims' rights committee consisting of:   (a) a county attorney or district attorney;     (b) a sheriff;     (c) a corrections field services administrator;     (d) an appointed victim advocate;     (e) a municipal attorney;     (f) a municipal chief of police; and     (g) other representatives as appropriate.       (2) The committee shall meet at least semiannually to review progress and problems related to this chapter, Title 77, Chapter 38, Rights of Crime Victims Act, Title 77, Chapter 38b, Crime Victims Restitution Act, and Utah Constitution Article I, Section 28. Victims and other interested parties may submit matters of concern to the victims' rights committee. The committee may hold a hearing open to the public on any appropriate matter of concern and may publish its findings. These matters shall also be considered at the meetings of the victims' rights committee. The committee shall forward minutes of all meetings to the Utah Council on Victims of Crime for review and other appropriate action.     (3) If a victims' rights committee is unable to resolve a complaint, it may refer the complaint to the Utah Council on Victims of Crime.     (4) The Utah Office for Victims of Crime shall provide materials to local law enforcement to inform every victim of a sexual offense of the right to request testing of the convicted sexual offender and of the victim as provided in Section 76-5-502.     (5)   (a) If a person acting under color of state law willfully or wantonly fails to perform duties so that the rights in this chapter are not provided, an action for injunctive relief may be brought against the individual and the government entity that employs the individual.     (b) For all other violations, if the committee finds a violation of a victim's right, it shall refer the matter to the appropriate court for further proceedings consistent with Subsection 77-38-11(2).     (c) The failure to provide the rights in this chapter or Title 77, Chapter 38, Rights of Crime Victims Act, does not constitute cause for a judgment against the state or any government entity, or any individual employed by the state or any government entity, for monetary damages, attorney fees, or the costs of exercising any rights under this chapter.       (6) The person accused of and subject to prosecution for the crime or the act which would be a crime if committed by a competent adult, has no standing to make a claim concerning any violation of the provisions of this chapter.    Amended by Chapter 260, 2021 General Session
UT Code § 77-40-101 (2021)
2021 Utah Code|Title 77 - Utah Code of Criminal Procedure|Chapter 40 - Utah Expungement Act|Section 101 - Title.

77-40-101. Title.  This chapter is known as the "Utah Expungement Act."  Enacted by Chapter 283, 2010 General Session
UT Code § 77-40-101.5 (2021)
2021 Utah Code|Title 77 - Utah Code of Criminal Procedure|Chapter 40 - Utah Expungement Act|Section 101.5 - Applicability to juvenile court records.

 Effective 9/1/2021  77-40-101.5. Applicability to juvenile court records.  This chapter does not apply to an expungement of a record for an adjudication under Section 80-6-701 or a nonjudicial adjustment, as that term is defined in Section 80-1-102, of an offense in the juvenile court. Amended by Chapter 262, 2021 General Session
UT Code § 77-40-104 (2021)
2021 Utah Code|Title 77 - Utah Code of Criminal Procedure|Chapter 40 - Utah Expungement Act|Section 104 - Requirements to apply for certificate of eligibility to expunge records of arrest, investigation, and detention.

 Effective 5/1/2020  77-40-104. Requirements to apply for certificate of eligibility to expunge records of arrest, investigation, and detention.  An individual who is arrested or formally charged with an offense may apply to the bureau for a certificate of eligibility to expunge the records of arrest, investigation, and detention that may have been made in the case, subject to the following conditions:  (1) at least 30 days have passed since the day of the arrest for which a certificate of eligibility is sought;     (2) there are no criminal proceedings pending against the individual; and     (3) one of the following occurs:   (a) charges are screened by the investigating law enforcement agency and the prosecutor makes a final determination that no charges will be filed in the case;     (b) the entire case is dismissed with prejudice;     (c) the entire case is dismissed without prejudice or without condition and:   (i) the prosecutor consents in writing to the issuance of a certificate of eligibility; or     (ii) at least 180 days have passed since the day on which the case is dismissed;       (d) the individual is acquitted at trial on all of the charges contained in the case; or     (e) the statute of limitations expires on all of the charges contained in the case.      Amended by Chapter 448, 2019 General Session
UT Code § 77-40-104.1 (2021)
2021 Utah Code|Title 77 - Utah Code of Criminal Procedure|Chapter 40 - Utah Expungement Act|Section 104.1 - Eligibility for removing the link between personal identifying information and court case dismissed.

 Effective 5/5/2021  77-40-104.1. Eligibility for removing the link between personal identifying information and court case dismissed.    (1) As used in this section:   (a) "Domestic violence offense" means the same as that term is defined in Section 77-36-1.     (b) "Personal identifying information" means:   (i) a current name, former name, nickname, or alias; and     (ii) date of birth.         (2) An individual whose criminal case is dismissed, or civil case filed in accordance with Title 78B, Chapter 7, Protective Orders and Stalking Injunctions, is denied, may move the court for an order to remove the link between the individual's personal identifying information from the dismissed case in any publicly searchable database of the Utah state courts and the court shall grant that relief if:   (a) 30 days have passed from the day on which the case is dismissed or denied;     (b) no appeal is filed for the dismissed or denied case within the 30-day period described in Subsection (2)(a); and     (c) no charge in the case was a domestic violence offense.       (3) Removing the link to personal identifying information of a court record under Subsection (2) does not affect a prosecuting, arresting, or other agency's records.     (4) A case history, unless expunged under this chapter, remains public and accessible through a search by case number.    Amended by Chapter 272, 2021 General Session
UT Code § 77-40-106 (2021)
2021 Utah Code|Title 77 - Utah Code of Criminal Procedure|Chapter 40 - Utah Expungement Act|Section 106 - Application for certificate of eligibility -- Fees.

 Effective 5/9/2017  77-40-106. Application for certificate of eligibility -- Fees.    (1)   (a) A petitioner seeking to obtain an expungement for a criminal record shall apply for a certificate of eligibility from the bureau.     (b) A petitioner who intentionally or knowingly provides any false or misleading information to the bureau when applying for a certificate of eligibility is guilty of a class B misdemeanor and subject to prosecution under Section 76-8-504.6.     (c) Regardless of whether the petitioner is prosecuted, the bureau may deny a certificate of eligibility to anyone who knowingly provides false information on an application.       (2)   (a) The bureau shall perform a check of records of governmental agencies, including national criminal data bases, to determine whether a petitioner is eligible to receive a certificate of eligibility under this chapter.     (b) For purposes of determining eligibility under this chapter, the bureau may review records of arrest, investigation, detention and conviction that have been previously expunged, regardless of the jurisdiction in which the expungement occurred.     (c) If the petitioner meets all of the criteria under Section 77-40-104 or 77-40-105, the bureau shall issue a certificate of eligibility to the petitioner which shall be valid for a period of 90 days from the date the certificate is issued.     (d) If, after reasonable research, a disposition for an arrest on the criminal history file is unobtainable, the bureau may issue a special certificate giving determination of eligibility to the court.       (3)   (a) The bureau shall charge application and issuance fees for a certificate of eligibility or special certificate in accordance with the process in Section 63J-1-504.     (b) The application fee shall be paid at the time the petitioner submits an application for a certificate of eligibility to the bureau.     (c) If the bureau determines that the issuance of a certificate of eligibility or special certificate is appropriate, the petitioner will be charged an additional fee for the issuance of a certificate of eligibility or special certificate unless Subsection (3)(d) applies.     (d) An issuance fee may not be assessed against a petitioner who qualifies for a certificate of eligibility under Section 77-40-104 unless the charges were dismissed pursuant to a plea in abeyance agreement under Title 77, Chapter 2a, Pleas in Abeyance, or a diversion agreement under Title 77, Chapter 2, Prosecution, Screening, and Diversion.     (e) Funds generated under this Subsection (3) shall be deposited in the General Fund as a dedicated credit by the department to cover the costs incurred in determining eligibility.       (4) The bureau shall provide clear written directions to the petitioner along with a list of agencies known to be affected by an order of expungement.    Amended by Chapter 356, 2017 General Session
UT Code § 77-40-108 (2021)
2021 Utah Code|Title 77 - Utah Code of Criminal Procedure|Chapter 40 - Utah Expungement Act|Section 108 - Distribution of order -- Redaction -- Receipt of order -- Bureau requirements -- Administrative proceedings.

 Effective 5/1/2020  77-40-108. Distribution of order -- Redaction -- Receipt of order -- Bureau requirements -- Administrative proceedings.    (1)   (a)   (i) An individual who receives an order of expungement under Section 77-40-107 or Section 77-27-5.1 shall be responsible for delivering a copy of the order of expungement to all affected criminal justice agencies and officials including the court, arresting agency, booking agency, prosecuting agency, Department of Corrections, and the bureau.     (ii) The provisions of Subsection (1)(a)(i) do not apply to an individual who receives an automatic expungement under Section 77-40-114.       (b) An individual who receives an order of expungement under Section 77-27-5.1, shall pay a processing fee to the bureau, established in accordance with the process in Section 63J-1-504, before the bureau's record may be expunged.       (2) Unless otherwise provided by law or ordered by a court of competent jurisdiction to respond differently, an individual who has received an expungement of an arrest or conviction under this chapter or Section 77-27-5.1 may respond to any inquiry as though the arrest or conviction did not occur.     (3) The bureau shall forward a copy of the expungement order to the Federal Bureau of Investigation.     (4) An agency receiving an expungement order shall expunge the individual's identifying information contained in records in the agency's possession relating to the incident for which expungement is ordered.     (5) Unless ordered by a court to do so, or in accordance with Subsection 77-40-109(2), a government agency or official may not divulge information or records that have been expunged.     (6)   (a) An order of expungement may not restrict an agency's use or dissemination of records in the agency's ordinary course of business until the agency has received a copy of the order.     (b) Any action taken by an agency after issuance of the order but prior to the agency's receipt of a copy of the order may not be invalidated by the order.       (7) An order of expungement may not:   (a) terminate or invalidate any pending administrative proceedings or actions of which the individual had notice according to the records of the administrative body prior to issuance of the expungement order;     (b) affect the enforcement of any order or findings issued by an administrative body pursuant to the administrative body's lawful authority prior to issuance of the expungement order;     (c) remove any evidence relating to the individual including records of arrest, which the administrative body has used or may use in these proceedings; or     (d) prevent an agency from maintaining, sharing, or distributing any record required by law.      Amended by Chapter 448, 2019 General Session
UT Code § 77-40-108.5 (2021)
2021 Utah Code|Title 77 - Utah Code of Criminal Procedure|Chapter 40 - Utah Expungement Act|Section 108.5 - Distribution for order for vacatur.

 Effective 5/1/2020  77-40-108.5. Distribution for order for vacatur.    (1) An individual who receives an order for vacatur under Subsection 78B-9-108(2) shall be responsible for delivering a copy of the order for vacatur to all affected criminal justice agencies and officials including the court, arresting agency, booking agency, prosecuting agency, Department of Corrections, and the bureau.     (2) To complete delivery of the order for vacatur to the bureau, the individual shall complete and attach to the order for vacatur an application for a certificate of eligibility for expungement, including identifying information and fingerprints, as provided in Subsection 77-40-103(1).     (3) The bureau shall treat the order for vacatur and attached certificate of eligibility for expungement the same as a valid order for expungement under Section 77-40-108, except as provided in this section.     (4) Unless otherwise provided by law or ordered by a court of competent jurisdiction to respond differently, an individual who has received a vacatur of conviction under Section 78B-9-108(2) may respond to any inquiry as though the conviction did not occur.     (5) The bureau shall forward a copy of the order for vacatur to the Federal Bureau of Investigation.     (6) An agency receiving an order for vacatur shall expunge the individual's identifying information contained in records in the agency's possession relating to the incident for which vacatur is ordered.     (7) A government agency or official may not divulge information contained in a record of arrest, investigation, detention, or conviction after receiving an order for vacatur to any person or agency, except for:   (a) the individual for whom vacatur was ordered; or     (b) Peace Officer Standards and Training, pursuant to Section 53-6-203 and Subsection 77-40-109(2)(b)(ii).       (8) The bureau may not count vacated convictions against any future expungement eligibility.    Amended by Chapter 448, 2019 General Session
UT Code § 77-40-109 (2021)
2021 Utah Code|Title 77 - Utah Code of Criminal Procedure|Chapter 40 - Utah Expungement Act|Section 109 - Retention and release of expunged records -- Agencies.

 Effective 5/1/2020  77-40-109. Retention and release of expunged records -- Agencies.    (1) The bureau shall keep, index, and maintain all expunged records of arrests and convictions.     (2)   (a) Employees of the bureau may not divulge any information contained in the bureau's index to any person or agency without a court order unless specifically authorized by statute.     (b) The following organizations may receive information contained in expunged records upon specific request:   (i) the Board of Pardons and Parole;     (ii) Peace Officer Standards and Training;     (iii) federal authorities, only as required by federal law;     (iv) the Department of Commerce;     (v) the Department of Insurance;     (vi) the State Board of Education; and     (vii) the Commission on Criminal and Juvenile Justice, for purposes of investigating applicants for judicial office.       (c) A person or agency authorized by this Subsection (2) to view expunged records may not reveal or release any information obtained from the expunged records to anyone outside the specific request, except as directed by a court order, including distribution on a public website.       (3) The bureau may also use the information in the bureau's index as provided in Section 53-5-704.     (4) If, after obtaining an expungement, an individual is charged with a felony or an offense eligible for enhancement based on a prior conviction, the state may petition the court to open the expunged records upon a showing of good cause.     (5)   (a) For judicial sentencing, a court may order any records expunged under this chapter or Section 77-27-5.1 to be opened and admitted into evidence.     (b) The records are confidential and are available for inspection only by the court, parties, counsel for the parties, and any other person who is authorized by the court to inspect them.     (c) At the end of the action or proceeding, the court shall order the records expunged again.     (d) Any person authorized by this Subsection (5) to view expunged records may not reveal or release any information obtained from the expunged records to anyone outside the court.       (6) Records released under this chapter are classified as protected under Section 63G-2-305 and are accessible only as provided under Title 63G, Chapter 2, Part 2, Access to Records.    Amended by Chapter 448, 2019 General Session