H.B. 302

1

CITIZENSHIP DETERMINATION OF
2 INCARCERATED INDIVIDUALS
3 2008 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Stephen E. Sandstrom
6 Senate Sponsor: ____________
7
8 LONG TITLE
9 General Description:
10 This bill enacts provisions related to determining the citizenship of an incarcerated
11 person by a law enforcement agency to assist a court in deciding whether the individual
12 may not be admitted to bail.
13 Highlighted Provisions:
14 This bill:
15 . provides that a law enforcement agency shall determine the country of citizenship of
16 a person brought to the agency for incarceration;
17 . provides that if a law enforcement agency determines the incarcerated person is not
18 a United States citizen, it shall transmit that information to the court and
19 prosecuting agency for the purpose of making a determination that the person may
20 not be admitted to bail if there is probable cause to believe the person has entered or
21 remained in the United States illegally and is likely to flee the jurisdiction of the
22 court if released on bail; and
23 . provides criteria for the court to consider in making a determination that a person
24 has entered or remained in the United States illegally and is not entitled to bail.
25 Monies Appropriated in this Bill:
26 None
27 Other Special Clauses:

28 None
29 Utah Code Sections Affected:
30 ENACTS:
31 77-20-1.5, Utah Code Annotated 1953
32
33 Be it enacted by the Legislature of the state of Utah:
34 Section 1. Section 77-20-1.5 is enacted to read:
35 77-20-1.5. Processing arrested persons -- Citizenship determination -- Denial of
36 bail.
37 (1) A law enforcement agency shall, within 24 hours after a person is brought to the
38 agency for incarceration, inquire of the person and determine the person's country of
39 citizenship.
40 (2) If the law enforcement agency determines the person is not a United States citizen,
41 it shall:
42 (a) notify the person's country of citizenship of the person's detention:
43 (i) if the person does not waive notification; or
44 (ii) if the person's country of citizenship requires notification regardless of the person's
45 waiver of notification;
46 (b) document the notification to the person's country of citizenship and any waiver of
47 notification; and
48 (c) transmit the information obtained under this section to the court and prosecuting
49 agency for the purpose of making a determination that the person may not be admitted to bail if
50 the proof is evident or the presumption great that:
51 (i) the person is guilty of the offense charged;
52 (ii) the offense charged is a felony; and
53 (iii) there is probable cause to believe that the person has entered or remained in the
54 United States illegally and that the person is likely to flee the jurisdiction of the court if
55 released on bail.
56 (3) A court shall consider the following in making a determination under Subsection
57 (2)(c)((iii) that a person has entered or remained in the United States illegally and that the
58 person is not entitled to bail under Subsection 77-20-1 (1)(c):

59 (a) whether a hold has been placed on the arrested person by the United States
60 Immigration and Customs Enforcement;
61 (b) any indication by a law enforcement agency that the person is in the United States
62 illegally;
63 (c) whether an admission by the arrested person has been obtained by the court or a law
64 enforcement agency that the person has entered or remained in the United States illegally;
65 (d) any information received from a law enforcement agency under Subsection (2)(c);
66 (e) any evidence that the person has recently entered or remained in the United States
67 illegally; and
68 (f) any other relevant information that is obtained by the court or that is presented to
69 the court.




Legislative Review Note
as of 1-15-08 10:26 AM

Office of Legislative Research and General Counsel