House adopts bill creating penalty for violent crime committed in presence of child, after amendments

SALT LAKE CITY — The Utah House passed HB62 after floor amendments narrowed the bill and clarified its relationship to existing domestic‑violence and restitution laws.

Representative Janice Fisher, the bill sponsor, said the proposal fills a narrow gap in the criminal code by making it a separate offense to commit certain violent acts in the presence of a child younger than 14 when the victim is not a cohabitant of the child. Fisher described the bill as creating a Class B misdemeanor for specific violent offenses committed in view of a child and offered a floor amendment to remove repetitive restitution language and to ensure the provision does not duplicate domestic‑violence offenses that already exist in statute.

Members debated technical drafting, potential overlap with other charges, and prosecutorial practice. Representative Hutchings and others urged careful drafting to avoid charging the same act under multiple statutes. Supporters argued the amendment corrects that risk by clarifying that the new offense is distinct from domestic‑violence provisions and that only a single offense would attach per incident.

The House voted to pass the amended HB62 (floor tally recorded as 55 yes, 14 no) and will transmit the measure to the Senate for consideration. Sponsor and supporters said the bill is intended to protect children who witness violent acts when the perpetrator is not a cohabitant, while opponents noted some criminal‑justice bodies had earlier reservations that were addressed in amendments.

Next steps: Transmit to the Senate. Prosecutors and sentencing authorities will determine charging decisions under the revised statutory language.

Sources: Floor debate and amendments, March 3, 2010 (Representative Janice Fisher and colleagues).