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House rejects change to cohabitant definition after amendment; bill fails

February 19, 2025 | 2025 Utah Legislature, Utah Legislature, Utah Legislative Branch, Utah


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House rejects change to cohabitant definition after amendment; bill fails
Representative Carol Moss sponsored House Bill 305 to adjust the statutory definition of "cohabitant" to address cases involving siblings or step-siblings where one party is an adult and the other is a minor. Moss said the bill responds to situations where, because of current definitions, prosecutors have been unable to obtain domestic-violence charges when older siblings assaulted minors.

On the floor Moss moved Amendment 1 to clarify the definition to include missing categories such as step-parents and siblings. "We just didn't have all the people listed that had to be in there," Moss said when offering the floor amendment. The House adopted the amendment without recorded opposition.

Representative Lisonbee questioned whether the change would remove enhancements available to prosecutors when adults living together have altercations and whether consensual nonromantic cohabitation situations could be affected. Moss replied the intent was to clarify the law so that serious assaults involving an adult and a minor sibling can be charged as domestic violence; she said the provision "doesn't have to do with a romantic relationship."

After debate and recorded voting, House Bill 305 failed final passage with 22 yes votes and 49 no votes and was referred to staff for filing.

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