Current through the 2024 Fourth Special Session
Section 78B-7-408 - Duties of law enforcement officers - Notice to victims(1) A law enforcement officer who responds to an allegation of dating violence shall use all reasonable means to protect the victim and prevent further violence, including: (a) taking action that, in the officer's discretion, is reasonably necessary to provide for the safety of the victim and any family or household member;(b) confiscating the weapon or weapons involved in the alleged dating violence;(c) making arrangements for the victim and any child to obtain emergency housing or shelter;(d) providing protection while the victim removes essential personal effects;(e) arranging, facilitating, or providing for the victim and any child to obtain medical treatment; and(f) arranging, facilitating, or providing the victim with immediate and adequate notice of the rights of victims and of the remedies and services available to victims of dating violence, in accordance with Subsection (2).(2)(a) A law enforcement officer shall give written notice to the victim in simple language, describing the rights and remedies available under this chapter.(b) The written notice shall also include: (i) a statement that the forms needed in order to obtain a protective order are available from the court clerk's office in the judicial district where the victim resides or is temporarily domiciled; and(ii) a list of shelters, services, and resources available in the appropriate community, together with telephone numbers, to assist the victim in accessing any needed assistance.(3) If a weapon is confiscated under this section, the law enforcement agency shall return the weapon to the individual from whom the weapon is confiscated if a dating protective order is not issued or once the dating protective order is terminated.Amended by Chapter 159, 2021 General Session ,§ 14, eff. 5/5/2021.Added by Chapter 255, 2018 General Session ,§ 15, eff. 5/8/2018.