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Senate advances bill to allow enforcement of out-of-state protective orders

Utah Senate · February 7, 2006
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Summary

Senate Bill 106, intended to make foreign protective orders docketable and enforceable in Utah and to permit good-faith enforcement by police officers when probable cause exists, was ordered for third reading after debate on safeguards and officer immunity.

Senator Hilliard described SB106 as a measure to provide a clear mechanism for Utah law enforcement and courts to docket and enforce protective orders issued in other states. He said the bill allows an officer, acting in good faith on probable cause that a valid order exists, to enforce a foreign protective order when a copy is not immediately available and to take action to protect victims.

Committee members questioned the balance between enabling police to act and the risk of misuse if there is no documentary proof. Senators discussed expectations that victims carry orders when practical and acknowledged the immunization provisions for officers acting in good faith. Supporters argued the bill fills a gap that can endanger victims traveling between states.

The Senate recorded that SB106 would be read for a third time after a roll-call that returned 27 yes, 0 no, with 2 recorded as absent in the transcript.