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2019 Utah Code
Title 77 - Utah Code of Criminal Procedure
Chapter 36 - Cohabitant Abuse Procedures Act
Section 5.3 - Court order for transfer of wireless telephone number.
Universal Citation: UT Code § 77-36-5.3 (2019)
Effective 5/8/2018
77-36-5.3. Court order for transfer of wireless telephone number.
Enacted by Chapter 124, 2018 General Session
77-36-5.3. Court order for transfer of wireless telephone number.
- (1) As used in this section, "wireless service provider" means a provider of commercial mobile service under Section 332(d) of the Federal Telecommunications Act of 1996.
- (2) At or after the time that a court issues a protective order under Section 77-36-5.1 or an order of protection under Section 78B-7-106, the court may order the transfer of a wireless telephone number as provided in this section, if:
- (a) the perpetrator is the account holder for the wireless telephone number;
- (b) the number is assigned to a telephone that is primarily used by the victim or an individual who will reside with the victim during the time that the protective order or the order of protection is in effect; and
- (c) the victim requests transfer of the wireless telephone number.
- (3) An order transferring a wireless telephone number under this section shall:
- (a) direct a wireless service provider to transfer the rights to, and the billing responsibility for, the wireless telephone number to the victim; and
- (b) include the wireless telephone number to be transferred, the name of the transferee, and the name of the account holder.
- (4) A wireless service provider shall comply with an order issued under this section, unless compliance is not reasonably possible due to:
- (a) the account holder having already terminated the account;
- (b) differences in network technology that prevent the victim's device from functioning on the network to which the number is to be transferred;
- (c) geographic or other service availability constraints; or
- (d) other barriers outside the control of the wireless service provider.
- (5) A wireless service provider that fails to comply with an order issued under this section shall, within four business days after the day on which the wireless service provider receives the order, provide notice to the victim stating:
- (a) that the wireless service provider is not able to reasonably comply with the order; and
- (b) the reason that the wireless service provider is not able to reasonably comply with the order.
- (6) The victim has full financial responsibility for each wireless telephone number transferred to the victim by an order under this section, beginning on the day on which the wireless telephone number is transferred, including monthly service costs and costs for any mobile device associated with the wireless telephone number.
- (7) This section does not preclude a wireless service provider from applying standard requirements for account establishment to the victim when transferring financial responsibility under Subsection (6).
- (8) A wireless service provider, and any officer, employee, or agent of the wireless service provider, is not civilly liable for action taken in compliance with an order issued under this section.
Enacted by Chapter 124, 2018 General Session
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