H.B. 45

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TRAFFIC CHECKPOINT AMENDMENTS
2 1997 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Nora B. Stephens
5 AN ACT RELATING TO CRIMINAL PROCEDURE; ELIMINATING REQUIRING
6 MAGISTRATE AUTHORITY TO ESTABLISH ADMINISTRATIVE TRAFFIC
7 CHECKPOINTS; AND AMENDING THE REQUIREMENTS FOR ADMINISTRATIVE
8 TRAFFIC CHECKPOINT PLANS.
9 This act affects sections of Utah Code Annotated 1953 as follows:
10 AMENDS:
11 77-23-103, as enacted by Chapter 72, Laws of Utah 1992
12 77-23-104, as enacted by Chapter 72, Laws of Utah 1992
13 77-23-105, as enacted by Chapter 72, Laws of Utah 1992
14 Be it enacted by the Legislature of the state of Utah:
15 Section 1. Section 77-23-103 is amended to read:
16 77-23-103. Circumstances permitting an administrative traffic checkpoint.
17 A motor vehicle may be stopped and the occupants detained by an enforcement officer
18 when the enforcement officer:
19 (1) is acting pursuant to a duly authorized search warrant or arrest warrant;
20 (2) has probable cause to arrest or search;
21 (3) has reasonable suspicion that criminal activity has occurred or is occurring;
22 (4) is acting under emergency circumstances; or
23 (5) is acting pursuant to duly authorized administrative traffic checkpoint authority
24 [granted by a magistrate] in accordance with Section 77-23-104.
25 Section 2. Section 77-23-104 is amended to read:
26 77-23-104. Written plan -- Approval of commissioner of public safety.
27 [(1) An administrative traffic checkpoint may be established and operated upon written

1 authority of a magistrate.]
2 [(2) A magistrate] (1) The commissioner of public safety or the commissioner's delegate
3 may issue written authority to establish and operate an administrative traffic checkpoint if:
4 (a) [a] the command level officer submits to the [magistrate] commissioner of public safety
5 or the delegate a written plan signed by the command level officer describing:
6 (i) the location of the checkpoint including geographical and topographical information;
7 (ii) the date, time, and duration of the checkpoint;
8 (iii) the sequence of traffic to be stopped;
9 (iv) the purpose of the checkpoint, including the inspection or inquiry to be conducted;
10 (v) the [names] number of [the] personnel to be employed in operating the checkpoint,
11 including the [name] rank of the officer or officers in charge at the scene;
12 (vi) the configuration and location of signs, barriers, and other means of informing
13 approaching motorists that they must stop and directing them to the place to stop;
14 (vii) any advance notice to the public at large of the establishment of the checkpoint; and
15 (viii) the instructions to be given to the enforcement officers operating the checkpoint; and
16 (b) the [magistrate] commissioner of public safety or the delegate makes an independent
17 [judicial] determination that the plan appropriately:
18 (i) minimizes the length of time the motorist will be delayed;
19 (ii) minimizes the intrusion of the inspection or inquiry;
20 (iii) minimizes the fear and anxiety the motorist will experience;
21 (iv) minimizes the degree of discretion to be exercised by the individual enforcement
22 officers operating the checkpoint; and
23 (v) maximizes the safety of the motorist and the enforcement officers.
24 [(3)] (2) Upon determination by the [magistrate] commissioner of public safety or the
25 delegate that the plan meets the requirements of Subsection [(2)] (1)(b), the [magistrate]
26 commissioner of public safety or the delegate shall sign the authorization and issue it to the
27 command level officer, retaining a copy for the [court's] Department of Public Safety's file.
28 [(4)] (3) A copy of the plan and signed authorization shall be [issued to] kept by the
29 checkpoint command level officer participating in the operation of the checkpoint.
30 [(5)] (4) Any enforcement officer participating in the operation of the checkpoint shall
31 conform his activities as nearly as practicable to the procedures outlined in the plan.

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1 [(6)] (5) The checkpoint command level officer shall be available to exhibit a copy of the
2 plan and signed authorization to any motorist who has been stopped at the checkpoint upon request
3 of the motorist.
4 Section 3. Section 77-23-105 is amended to read:
5 77-23-105. Failure to stop -- Criminal liability.
6 Any person who intentionally and knowingly passes, without stopping as required, any
7 administrative traffic checkpoint operated [under the authority of a magistrate as provided] in
8 accordance with Section 77-23-104 is guilty of a class B misdemeanor.




Legislative Review Note
as of 12-16-96 1:38 PM

This bill raises the following constitutional or statutory concerns:


This bill may face constitutional challenge on the grounds that it may violate the Utah
Constitution, Article I, Sec. 14, Search and Seizure.

Office of Legislative Research and General Counsel

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