First Substitute H.B. 45

1

TRAFFIC CHECKPOINT AMENDMENTS
2 1997 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Nora B. Stephens
5 AN ACT RELATING TO CRIMINAL PROCEDURE; AMENDING THE REQUIREMENTS
6 FOR ADMINISTRATIVE TRAFFIC CHECKPOINT PLANS.
7 This act affects sections of Utah Code Annotated 1953 as follows:
8 AMENDS:
9 77-23-104, as enacted by Chapter 72, Laws of Utah 1992
10 Be it enacted by the Legislature of the state of Utah:
11 Section 1. Section 77-23-104 is amended to read:
12 77-23-104. Written plan -- Approval of magistrate.
13 (1) An administrative traffic checkpoint may be established and operated upon written
14 authority of a magistrate.
15 (2) A magistrate may issue written authority to establish and operate an administrative
16 traffic checkpoint if:
17 (a) a command level officer submits to the magistrate a written plan signed by the
18 command level officer describing:
19 (i) the location of the checkpoint including geographical and topographical information;
20 (ii) the date, time, and duration of the checkpoint;
21 (iii) the sequence of traffic to be stopped;
22 (iv) the purpose of the checkpoint, including the inspection or inquiry to be conducted;
23 (v) the [names] minimum number of [the] personnel to be employed in operating the
24 checkpoint, including the [name] rank of the officer or officers in charge at the scene;
25 (vi) the configuration and location of signs, barriers, and other means of informing
26 approaching motorists that they must stop and directing them to the place to stop;
27 (vii) any advance notice to the public at large of the establishment of the checkpoint; and

1 (viii) the instructions to be given to the enforcement officers operating the checkpoint; and
2 (b) the magistrate makes an independent judicial determination that the plan appropriately:
3 (i) minimizes the length of time the motorist will be delayed;
4 (ii) minimizes the intrusion of the inspection or inquiry;
5 (iii) minimizes the fear and anxiety the motorist will experience;
6 (iv) minimizes the degree of discretion to be exercised by the individual enforcement
7 officers operating the checkpoint; and
8 (v) maximizes the safety of the motorist and the enforcement officers.
9 (3) Upon determination by the magistrate that the plan meets the requirements of
10 Subsection (2)(b), the magistrate shall sign the authorization and issue it to the command level
11 officer, retaining a copy for the court's file.
12 (4) A copy of the plan and signed authorization shall be issued to the checkpoint command
13 level officer participating in the operation of the checkpoint.
14 (5) Any enforcement officer participating in the operation of the checkpoint shall conform
15 his activities as nearly as practicable to the procedures outlined in the plan.
16 (6) The checkpoint command level officer shall be available to exhibit a copy of the plan
17 and signed authorization to any motorist who has been stopped at the checkpoint upon request of
18 the motorist.




Legislative Review Note
as of 1-29-97 2:33 PM

A limited legal review of this bill raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel

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