House rejects change to cohabitant definition after amendment; bill fails
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Summary
House Bill 305, which proposed adjustments to the statutory definition of "cohabitant" to address when siblings of differing ages may trigger domestic-violence enhancements, failed on a roll-call vote after amendment and debate.
House Bill 305, proposed changes to the legal definition of “cohabitant” used in domestic-violence law, failed to pass the Utah House on Feb. 19 after floor debate and a recorded roll-call.
Representative Carol Moss introduced the measure as a technical clarification prompted by law-enforcement concerns. Moss said the change was intended to make clear that in some cases—especially where one sibling is a minor and another adult sibling is much older—the law should allow domestic-violence enhancements to be applied to an older sibling who commits violence against a younger sibling. She described past cases in which courts and police had been uncertain how the code applied when the relationship involved different ages and family arrangements.
An amendment (Amendment 1) to adjust the bill’s definition was moved by the sponsor and adopted on the floor. After further debate the House recorded a roll-call on final passage; the bill failed, with 22 yeas and 49 nays.
Discussion vs. decision: the primary discussion clarified that the proposed change was not about romantic relationships but rather about sibling and familial relationships and how age differences should affect domestic-violence charging enhancements. The sponsor said the amendment would clarify that an older sibling who assaults a minor sibling can be charged as domestic violence under the statute.
Votes at a glance: House Bill 305 — Fails in House; recorded tally 22 yeas, 49 nays.