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Senate pauses stalking-injunction expungement bill for more public input

Utah State Senate · January 27, 2022
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Summary

Senate Bill 85, a bill to allow expungement of stalking injunctions and protective orders under certain conditions, was replaced with a fourth substitute and then "circled" by the Senate to solicit more community feedback before further action.

Senator Weiler presented a fourth substitute to Senate Bill 85, which would create a process for expunging previously issued stalking injunctions and protective orders while preserving a victim’s ability to bring relevant information to a judge after expungement.

On the floor, Weiler said current Utah law provides pathways to expunge some criminal convictions but not stalking injunctions or protective orders. He described the substitute as adding explicit language to allow the issuance of a previously ordered stalking injunction or protective order to be considered in subsequent proceedings "so that the victim could inform a judge even after the expungement of the prior action." He emphasized sensitivity around domestic-violence issues and the intent to get community feedback on wording.

Senator Weiler moved to replace the third substitute with the fourth substitute. Senators then voted to "circle" the bill — a procedural action that withholds immediate final passage and allows additional community input and further committee or sponsor review before returning the bill for consideration.

No final passage vote occurred on SB85 during this session day; the bill was set aside for further work and stakeholder engagement.