Senate Advances House Bill 52 after Lengthy Testimony on Mandatory‑arrest Language

The Utah Senate advanced House Bill 52 — part of a package of bills addressing domestic violence — after an extended Committee of the Whole hearing and floor debate. The motion to place the bill for third reading passed with a recorded vote of 26 ayes, 1 nay and 2 absent.

Supporters, including Representative Mon Evans, the bill sponsor, and members of the task force, argued the change from discretionary language to a mandatory 'shall arrest or cite' gives victims stronger protection and reduces repeat incidents. "With this legislation, you honestly have the opportunity to change that, not only for the people who are in that situation right now, but for future generations as well," Representative Mon Evans said during floor remarks.

Proponents from local jurisdictions described local programs they said reduced repeat calls and improved outcomes. Keith Stoney, chief prosecuting attorney for West Valley City, described West Valley's experience and urged the Senate to adopt a mandatory approach. "This bill is necessary. It works," Stoney said, adding the city’s program produced substantial casework but did not overwhelm the system in his view.

Opponents raised constitutional and implementation concerns. James Housley, executive director of the Statewide Association of Prosecutors, asked the Senate to change the mandatory wording to a permissive 'may' because of what he described as constitutional and policy problems: "Our rationale for asking for that amendment is that as written, House Bill 52 presents us with some logistic and some constitutional and some policy problems," Housley said, citing the difference between probable cause and the higher standards prosecutors typically use when screening cases.

Charles Gilbert, a sergeant with the Salt Lake City Police Department, warned of practical impacts in his jurisdiction, saying that under mandated arrest "we...knew if we could collect, we went to 1,400 cases last year that would have mandated arrest under this law," and that mandatory rules could force police to take actions — including removing people from homes or citing both parties — that create child‑care and court capacity problems.

Task force members and victim‑advocates countered that permissive language had not produced broad change and that a clear, uniform standard would reduce recidivism and give victims consistent protection. Bob Turagno, chair of the State Domestic Violence Advisory Council, told senators that other jurisdictions and task force findings supported a more assertive policy.

The Senate did not adopt the specific amendment to change 'shall' to 'may' during the floor action recorded in this session. The bill advanced for further consideration; sponsors said further amendments and clarifying language were possible on third reading or in subsequent committee work.

What happens next: House Bill 52 was recorded as ready for third reading on the Senate calendar (26‑1, 2 absent). The bill remains subject to additional floor amendments and a final third‑reading vote.