All Roll Calls
Yes: 163 • No: 16
UtahH.B. 5392026 General SessionHouseWALLET
Public Safety Modifications
Sponsored By: Matt MacPherson (Republican)
Signed by Governor
Domestic ViolenceCrimesJudicial OperationsLaw Enforcement and Criminal JusticeVictimsBail/Pretrial DetentionProtective Orders/Stalking Injuctions
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Bill Overview
Analyzed Economic Effects
13 provisions identified: 4 benefits, 0 costs, 9 mixed.
Battered person mitigation and trial rules
Beginning May 6, 2026, a defendant may claim battered person mitigation for an offense against an abusive cohabitant if they reasonably believed it was needed to stop the abuse. If proven, the charge drops one level. The defendant must prove each element by clear and convincing evidence and give the prosecutor at least 30 days’ notice before trial. If a jury decides it, the jury must be unanimous and return a special verdict. A split vote on mitigation does not hang the jury.
Capped booking bail and release rules
Beginning May 6, 2026, county jails cap booking bail at $5,000 (eligible felonies), $1,950 (class A), $680 (class B), $340 (class C), $150 (class B ordinance), and $80 (class C ordinance). Jail staff can set money bail only before a probable‑cause statement goes to a magistrate. For misdemeanors, this applies only if the charge is not domestic violence or DUI and you sign a written promise to appear. For eligible felonies, you must not be on pretrial release, probation, or parole, the main risk is failure to appear, and you must sign a written promise. The law lists which felonies count as “eligible,” effective May 6, 2026.
Stronger victim notice and faster DV charges
When police have probable cause of a domestic‑violence crime, they must send charges to prosecutors within five business days, unless there is good cause. Starting May 6, 2026, when someone is released, the releasing agency tells the arresting agency and tries to notify the alleged victim. The released person gets a copy of the jail‑release agreement or court order. For domestic violence releases, agencies also send the release info to the statewide network. At arrest, officers give written notice about release rules, penalties, court info, waivers, and protective orders.
Wider battered-person mitigation eligibility
Beginning May 6, 2026, more people qualify as a “cohabitant” for battered‑person mitigation. The law includes certain minors and their parents or stepparents, and people living as stepparents. This can expand who is eligible to ask the court for battered‑person mitigation.
Victim notices and police duties in domestic violence
Beginning May 6, 2026, officers must arrest for domestic violence when there is probable cause and a risk of more violence, a recent serious injury, or a weapon. Officers must tell victims how to start a case, keep evidence, file an incident report with a lethality check, and make the report available. At any arrest or citation for a qualifying offense, officers must give written notices to the victim and the accused about no-contact rules, release terms, penalties, court details, and protective-order options. Releasing agencies must notify the arresting agency, try to notify victims, give the released person a copy of release terms, and send release details to the statewide domestic violence network. Officers must also tell the magistrate if the victim signed a waiver. If charged for domestic violence and not arrested, a person must appear in person as soon as practicable and no later than 14 days after the next court session, and the court must consider a pretrial protective order.
Workplace protective orders expand to volunteers
Starting May 6, 2026, workplace protective orders cover paid employees and volunteers, and nonprofits count as employers. Courts can issue ex parte orders, stop threats, and, if needed, order the respondent to stay away from the workplace, tailored to the location. Courts must send new orders to the sheriff and local police the same business day. To extend an order, you must file before it expires and show a high chance of renewed violence or a violation; extensions can last up to 18 months. The law also says this part does not make volunteers agents of a nonprofit.
Bail and pretrial detention standards updated
Beginning May 6, 2026, Utah updates many pretrial and bail definitions and rules. If jail staff set a financial condition and you post it, you are released—unless a magistrate starts a Rule 9 review; then jail staff cannot set or change bail, and earlier booking-set bail may no longer free you. Jails cannot release someone under a 72‑hour Department of Corrections hold. Courts may deny bail in listed serious cases, and there are rebuttable presumptions for danger or flight in certain DUI, drug, domestic violence, and unlawful‑presence situations.
New jail-release rules for violent cases
Beginning May 6, 2026, people arrested or cited for qualifying offenses face standard release steps. You cannot contact the alleged victim before release, and release requires a magistrate review or a signed jail-release agreement. If a magistrate finds probable cause, the court issues a temporary pretrial order and cannot release you unless there is a court order or a signed agreement. Release terms end at the first court date, a prosecutor’s declination, or 30 days, and can be extended up to three court days if the prosecutor asks. An adult victim can appear in person to waive conditions, and any valid waiver removes the barred-contact or stay-away terms; courts may change terms only for good cause and on the record. A protective order controls over any release agreement or order, and if charges are dismissed, the release agreement or order is dismissed too. If new substantial evidence supports a new felony after release, you can be held without bail. Stalking is added to the list of offenses that can trigger these release rules.
Good-faith immunity for officers
The law keeps good‑faith immunity for officers and agencies when they follow the notification rules. It says these duties do not create new liability.
Limits on parents waiving child protections
A parent or guardian may ask to waive a child’s jail‑release conditions by appearing at the police agency, jail, or court clerk. A parent who was arrested or cited for the qualifying offense cannot waive the child’s protections. If the child was injured, tried to get emergency help, or told police about threats, a judge must approve any waiver.
Special rules for minors and families
Beginning May 6, 2026, the jail‑release rules do not apply to minors under 18, unless the offense is domestic violence. A minor’s release agreement or order ends at the earliest of the first court date, a prosecutor’s declination, 30 days after arrest or citation, or when juvenile court ends the case. A release order cannot block contact between a parent or guardian and their child if the victim is not the child or the child’s parent. An adult victim can waive terms in person, but a parent cannot waive for a child if the parent is the arrested person, or the child was hurt, called 911, or reported threats; in those cases, a court must approve any waiver.
Where cases are tried and joined
Beginning May 6, 2026, criminal cases are tried where the crime happened, with special venue rules for multi‑county and cross‑location crimes. A defendant can be tried once for all crimes from the same episode, and only one law applies if a single act breaks multiple laws. Separate trials are limited and allowed only when a court finds it promotes justice.
Who counts for protective orders and domestic violence
Beginning May 6, 2026, Utah updates who is a cohabitant and other terms used for protective orders. The law also clarifies and expands which crimes count as domestic violence. If H.B. 221 is also law, more listed crimes count as domestic violence starting May 6, 2026. If H.B. 90 is also law, some class B and C misdemeanors against a vulnerable adult do not count as domestic violence.
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Sponsors & Cosponsors
Sponsor
Matt MacPherson
Republican • House
Cosponsors
Brady Brammer
Republican • Senate
Roll Call Votes
House vote • 3/6/2026
House/ concurs with Senate amendment
Yes: 53 • No: 10
Senate vote • 3/6/2026
Senate/ uncircled
Yes: 0 • No: 0
Senate vote • 3/6/2026
Senate/ substituted
Yes: 0 • No: 0
Senate vote • 3/6/2026
Senate/ circled
Yes: 0 • No: 0
Senate vote • 3/6/2026
Senate/ uncircled
Yes: 0 • No: 0
Senate vote • 3/6/2026
Senate/ passed 2nd & 3rd readings/ suspension
Yes: 19 • No: 6
Senate vote • 3/6/2026
Senate/ circled
Yes: 0 • No: 0
House vote • 3/4/2026
Senate Comm - Favorable Recommendation
Yes: 7 • No: 0
House vote • 2/24/2026
House/ substituted
Yes: 0 • No: 0
House vote • 2/24/2026
House/ passed 3rd reading
Yes: 66 • No: 0
House vote • 2/19/2026
House Comm - Substitute Recommendation
Yes: 9 • No: 0
House vote • 2/19/2026
House Comm - Favorable Recommendation
Yes: 9 • No: 0
Actions Timeline
Governor Signed
3/25/2026House/ to Governor
3/17/2026HouseHouse/ received enrolled bill from Printing
3/17/2026HouseHouse/ enrolled bill to Printing
3/12/2026HouseEnrolled Bill Returned to House or Senate
3/12/2026Draft of Enrolled Bill Prepared
3/11/2026Bill Received from House for Enrolling
3/11/2026House/ signed by Speaker/ sent for enrolling
3/11/2026HouseHouse/ received from Senate
3/11/2026HouseSenate/ to House
3/10/2026SenateSenate/ signed by President/ returned to House
3/10/2026SenateSenate/ received from House
3/10/2026SenateHouse/ to Senate
3/6/2026HouseHouse/ concurs with Senate amendment
3/6/2026HouseHouse/ placed on Concurrence Calendar
3/6/2026HouseHouse/ received from Senate
3/6/2026HouseSenate/ to House with amendments
3/6/2026SenateSenate/ passed 2nd & 3rd readings/ suspension
3/6/2026SenateSenate/ uncircled
3/6/2026SenateSenate/ circled
3/6/2026SenateSenate/ substituted
3/6/2026SenateSenate/ uncircled
3/6/2026SenateSenate/ circled
3/6/2026SenateSenate/ 2nd & 3rd readings/ suspension
3/6/2026SenateSenate/ Rules to 2nd Reading Calendar
3/6/2026Senate
Bill Text
Enrolled
3/12/2026
Substitute #4
3/6/2026
Substitute #3
2/24/2026
Substitute #2
2/19/2026
Substitute #1
2/17/2026
Introduced
2/10/2026
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