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Utah House approves stalking injunctions bill after emotional testimony and amendments

Utah House of Representatives · February 8, 1999
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Summary

The House passed HB 78 to create injunctions for noncohabitants accused of stalking and added law-enforcement and fee-location clarifications. Sponsor cited a recent Salt Lake tragedy; the bill passed unanimously and the victim Michelle Riley was introduced to the chamber.

The Utah House of Representatives voted to pass House Bill 78 on Feb. 8, 1999, creating a civil injunction process for victims of stalking who are not cohabitants of the alleged perpetrator. Representative Shurtleff, sponsor of the measure, framed the bill as filling a gap in existing law exposed by a recent local homicide and argued the measure would help prevent similar tragedies.

Supporters said the bill provides victims a faster, lower-cost option than civil litigation. Representative Shurtleff described court-ordered relief the bill would allow, saying the statute would permit courts to restrain a stalker from the victim’s residence or workplace and offer “other relief necessary for the safety of the victim.” The bill includes provisions for the accused to respond and for renewal of injunctions.

Lawmakers adopted several amendments on the House floor. Representative Gladwell offered an amendment to exclude law-enforcement officers, government investigators and licensed private investigators from stalking charges when conducting legitimate surveillance; the sponsor characterized the change as friendly and it was adopted. Representative Bennion’s amendment moved fee provisions to conform with existing code locations and was also accepted. Representative Shurtleff later proposed and the House adopted an amendment to include the Riley name in the bill’s title to memorialize the family referenced in debate.

The measure prompted strongly supportive floor debate from representatives who said the bill corrected a statutory omission and could prevent future violence. Representative Hickman said the legislation “solves that problem” exposed by the recent Salt Lake case. After amendment and debate, the House voted to pass HB 78 with 73 yes votes and 0 no votes; the bill will be referred to the Senate for further action.

Following passage, Representative Shurtleff identified Michelle Riley—whose family situation had been discussed during debate—and asked that the House recognize her in the gallery. The chamber gave Riley a standing ovation.

The House’s action sends the amended HB 78 to the Senate; the next steps for the measure are Senate consideration and, if passed there, transmittal to the governor for signature or veto.