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Show Domestic violence bill awaits state House OK By MARK EDD1NGTON Staff Writer SALT LAKE CITY After widespread controversy over the legality of the current domestic violence law, the Utah State Senate passed a bill Tuesday which repeals the law and authorizes judges to separate spouse abusers from their victims as a condition of bail. If approved by the state House of Representatives, Senate Bill 129 would replace the controversial no-contact no-contact clause of the domestic violence act enacted by the Legislature last year. The existing law bans suspects in domestic violence "disputes from returning home for at least 24 hours without any court hearing.' The new law, sponsored by Sen. F Boyd K. Storey, R-Weber County, and Rep. R. Mont Evans, R-Riverton, R-Riverton, gives judges the authority to hold suspects arrested for abuse until they sign an agreement to stay away from the victim until the close of the next court day. In addition, the law requires the police to arrest suspects if they think violence will continue, the victim is seriously .injured or a dangerous weapon has been used. "I'm very pleased this office and the Legislature weje able to agree on a no-contact mechanism which will protect the victim, -and do so within the bounds of our state and federal constitutions," Utah Attorney At-torney General Paul Van Dam said. The Attorney General sparked controversy last year when he asserted the current law was unconstitutional un-constitutional because it denied suspects access to their property without due process. Upn hearing the opinion and fearing legal reper- ( cussiohs, the Davis County Sheriffs office refused to enforce the law. Angered by Davis County's non-enforcement non-enforcement of the law, legislative attorneys took the matter to the state Supreme Court arid won. The Court's -ruling supported the Legislature's argument that the law must be enforced until 'questions . over its constitutionality can be determined de-termined in court. While generally supportive of the legislation, some officials concede the law is weaker in safeguarding the victim of abuse. "Our original intent was to pro- tect all victims. Unfortunately, because' of the questions over the legality of the current law, there are some victims who will not be fully protected under the new law,"said David Condie, a domestic violence specialist with the Utah Division of Family Resources. Condie said many police officers lack the training necessary to determine de-termine the danger in a domestic violence situation and could fail to make an arrest when one is warranted. war-ranted. Still, he maintains the proposed pro-posed law is the best that can be done because of the legal cloud hanging over the existing no-contact no-contact law. The bill went to the House Rules Committee, and legislators were expected to vote on the law before adjourning later this month. In the event the bill does not win House approval, West Valley City has a test case pending before the state , Supreme Court to determine the constitutionality of the existing law. If S.B. 129 is approved as expected, the city will drop the matter according accor-ding to WestValley City prosecutor Keith Stoney. Police officials at the Davis County sheriff s office support, the new bill. . "It allows, for judicial review of the no-contact provision of the law before it is put into practice," said K.D. Simpson, an administrative captain with the Davis County sheriffs office. " This allows-a-policeman to act on the order of the court as opposed to coming up with . the order himself . ' ' |