2007 General Session Legislative Update

In this issue

Bills to Watch This Session
Contacting Your Legislators Now
UCASA's Day on the Hill

During the 2007 General Session of the Utah Legislature, UCASA expects two important items from last session to reemerge: the potential for the first Utah state funding specifically for statewide sexual assault prevention efforts, and the issue of dating violence. Legislators need to hear from you now and throughout the session on these and many other important anti sexual-violence issues that will be debated.

We have provided a summary of relevant bills currently available and UCASA's position on each, along with sample email text and talking points for contacting your legislators. UCASA will provide updates throughout the session as new bills surface and on outcomes of the bills outlined. We hope you will find these useful. If you have questions or comments about these issues, or other issues not included, please contact Laurel Duncan, Executive Director, at (801) 746-0404 or laurel@ucasa.org.

UCASA's Positions on Legislation

UCASA supports legislation that:

• Identifies and holds offenders accountable
• Establishes and/or maintains funding for victim services and rape prevention
• Expands the rights of victims to have access to information, advocacy, crisis intervention, treatment, education and prevention services
• Enhances and/or maintains the rights of a victim to make choices about reporting, prosecution, pregnancy, future safety, and other issues raised by an incident of sexual assault

A word about sex offender management

Issues surrounding supervision, penalties and treatment of sex offenders are likely to appear in several bills this session. The Office of Legislative Research and General Counsel reports that 6,908 registered sex offenders reside in Utah, with roughly half of them under the supervision of the Utah Department of Corrections. Issues of sex offender management can be extremely complicated. UCASA takes a neutral position on some of these bills due to concerns about potential unintended consequences and lack of evidence to support some of the measures proposed. For a more comprehensive explanation of UCASA's positions on issues around sex offender management, please visit :ucasa's policy statement

Bills to Watch

We expect several additional bills to emerge during the session that are not included here. UCASA will provide updates periodically, but we encourage you to access the Legislature's website for the most up-to-date listing of bills and status :search options for bills Following are currently listed bills:

Bill Title and Number Bill Sponsor Summary UCASA's Position
HB 0028 Domestic Violence & Dating Amendments David Litvak (D) Provides for the issuance, modification and enforcement of protective orders between parties who are, or have been, in a dating relationship with each other (under specific circumstances) and a party commits abuse or dating violence against the other party. Requires AOC to develop and adopt uniform forms for petitions and orders for protection relating to dating violence. Describes the restrictions that a court may include in a protective order. Requires DCFS to provide certain services to victims of dating violence. Describes the conditions that may be placed on an alleged perpetrator of dating violence: in a protective order, in an order of probation for violation of a protective order relating to dating violence or as a condition of release prior to trial for violation of a protective order relating to dating violence. SUPPORT
HB 0005 Internet Sexual Predator Penalties Paul Ray (R) Amends the penalty for enticing a minor in order to commit a first degree felony sexual offense, so that the enticement offense is a first degree felony with a specified penalty. Provides that if a defendant commits the offense of enticing a minor to commit any felony sexual offense, and the defendant has previously committed a sexual offense or kidnapping against a minor, the court may not shorten the prison sentence. (This bill has a fiscal note of $91,600 in FY08 and $183,300 in FY09; future years will see continued cost increases as the number of incarcerated offenders grows and sentences are extended.) SUPPORT
HB 0031 Driver License or ID Card Requirement for Sex Offenders Paul Ray (R) Modifies the Uniform Driver License Act regarding identification cards to provide that a person required to register as a sex offender must maintain a current ID card if the person does not have a driver license. The bill requires that sex offenders subject to registration must keep a current state ID card if the offenders do not have a driver license It also provides that not extension of an ID card beyond the statutory expiration date may be granted for sex offenders subject to registration, and it establishes a class A misdemeanor penalty for sex offenders subject to registration who fail to maintain an ID card if they do not have a driver license. SUPPORT
HB0235 Abortion Law Revisions Paul Ray (R) Provides that if Roe v. Wade is overturned, the provisions of this bill will immediately be in effect and will supercede conflicting provisions of the Utah Code. Provides that, if Roe v. Wade is overturned, no person may perform an abortion unless: (1) it is necessary in order to avert a woman's death or to avert a serious risk to a woman of substantial and irreversible impairment of a major bodily function; or (2) the woman is pregnant as the result of incest or rape that is reported to law enforcement before the abortion is performed. Addresses the confidentiality of the name of a victim of incest or rape. Provides a severability clause. OPPOSE*
HB 0093 Capital Offenses Amendment Paul Ray (R) Provides that the commission or attempt to commit specified offenses, including sexual offenses, against a child as part of the commission of the homicide constitutes aggravated murder whether or not the specified offenses were committed intentionally or knowingly. SUPPORT

* UCASA's specific concern with this bill is the stated requirement to report to police before a rape or incest victim can access abortion services. UCASA opposes policies that would deny medical, counseling or other services, including abortion, to victims who choose not to report. While UCASA generally encourages reporting, we understand that there are myriad personal factors that a victim of rape or sexual assault must consider in deciding whether to go to the police. According to the Utah Commission on Criminal and Juvenile Justice, the majority of rape victims do not report to police.

Contact Your Legislators Now

Legislators are encouraged to act when they hear a message from multiple sources. Your legislators need to hear from you now and throughout the session. We've helped streamline the process for you to make it as quick and easy as possible:

1. Click on this link to find your Representative's and Senator's contact information :legislator lookup
2. Call and/or email your own Representative and Senator and urge them to act to help prevent rape and sexual assault in Utah and to better serve victims. (Use the sample email text/talking points provided below if you wish.)
3. If you work for a service provider, we also suggest that you contact the representatives for the district in which your center is located. The following sample text contains succinct messages about key issues for this session. Feel free to cut and paste it directly (adding the appropriate names and contact information) or to modify it to better suit you. Be sure to identify yourself by name and as a constituent and to include your email address, telephone number and address in emails.

To [Representative/Senator]:

Nearly one in three Utah women will experience some form of sexual violence in her lifetime. As your constituent and [job title and organization] I am extremely concerned about the sexual violence occurring in our communities.

As Utahns we pride ourselves on our safe state; however, rape is the only violent crime where Utah exceeds the national average. Yet, despite this alarming fact, the State of Utah currently provides NO funding specifically for sexual assault victim services or rape prevention. For more details regarding the significantly high number of sexual assaults in Utah please see a recent report provided by the Utah Commission on Criminal and Juvenile Justice (CCJJ) :rape in utah

As the 2007 Legislative Session begins, I urge you to support legislation that will fund programs that provide rape prevention efforts, public awareness and education, and victim services. I appreciate your public service as an elected official and look to you and your colleagues in addressing the issue of sexual assault.

Thank you for you consideration.

[Full Name, address, phone, email]

UCASA's Day on the Hill

Friday, January 26th UCASA staff, board members and other allies will assemble at the Capitol to interact with legislators and help get the message out about anti sexual-violence issues facing their constituents. If you are interested in participating, please contact Laurel Duncan, UCASA Executive Director, at (801) 746-0404 or laurel@ucasa.org

 

 

 

 
   
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