Cohabitant Definition Amendments
HB 305 amends Utah's legal definition of "cohabitant" in domestic violence and criminal law contexts. It clarifies who qualifies as a cohabitant by removing parent-minor relationships (like natural parents, adoptive parents, or step-parents to minors) and relationships between minor siblings from the definition. The bill also adds specific criteria for cohabitation, such as sharing a residence, having children together, or being in a consensual sexual relationship. These changes directly affect individuals involved in domestic violence cases who might claim "battered person mitigation" in criminal court. The bill makes technical updates to Utah Code Sections 76-2-409 (battered person mitigation) and 78B-7-102 (definitions) without changing funding or creating new programs.
Bill status
failed
1 of 4 stages cleared
Introduction
Jan 2025
Committee Review
Floor Vote
Governor
Introduced Jan 23, 2025
Last action Mar 8, 2025
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What changed between versions
Amended Excerpts 2/19/2025 16:02:844
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Amended 2/19/2025 16:02:844
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4 edits
MODERATE
This bill amends Utah's battered person mitigation law to clarify who qualifies as a 'cohabitant' in domestic violence cases. The changes update definitions to include minor children and their parents/stepparents when abuse occurs, and modify the age thresholds for cohabitant status. These changes aim to ensure victims and perpetrators in family relationships are properly covered under protection and mitigation laws.
Scope change
Expanded the definition of 'cohabitant' to explicitly include minor children and their parents/stepparents in abuse situations, and adjusted age thresholds from 18 to 16 years old for certain cohabitant classifications.
DEFINITION
Changed the age threshold for cohabitant status from 18 years old to 16 years old for emancipated individuals or those living as spouses.
Reorganized cohabitant definitions to remove exclusions for parent-step-parent relationships with minors, now treating these relationships as included cohabitant relationships.
ELIGIBILITY
Added explicit language that cohabitant status includes minor children and their parents or stepparents when committed criminal offenses occur in these relationships.
REQUIREMENT
Added requirement that individuals claiming battered person mitigation must provide notice to the prosecuting agency at least 30 days before trial.
Floor votes
How they voted
No floor votes recorded yet.
Full legislative history
Actions timeline
Total actions
15
Key actions
2
Committee
3
Amendments
1
Feb 19, 2025
Introduced
House/ floor amendment
lower
Feb 13, 2025
Lower · Passed
House/ committee report favorable
lower
Feb 12, 2025
Lower · Passed
House Comm - Favorable Recommendation
lower
Jan 30, 2025
Committee
House/ to standing committee
lower
Jan 23, 2025
Introduced
House/ 1st reading (Introduced)
lower
1 primary · 0 co-sponsors
Sponsors
Role
Legislator
Party
State
District
P
Carol Moss
DDemocratic
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