H.B. 132

1

FUGITIVE BAIL AMENDMENTS
2 1997 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Bryan D. Holladay
5 AN ACT RELATING TO THE CODE OF CRIMINAL PROCEDURE; PROVIDING
6 PRESUMPTIONS REGARDING THE SETTING OF BAIL; AND SETTING STANDARDS
7 FOR SETTING BAIL IN FUGITIVE PROCEEDINGS.
8 This act affects sections of Utah Code Annotated 1953 as follows:
9 AMENDS:
10 77-30-16, as last amended by Chapter 4, Laws of Utah 1988, Second Special Session
11 Be it enacted by the Legislature of the state of Utah:
12 Section 1. Section 77-30-16 is amended to read:
13 77-30-16. Amount of bail.
14 [Unless the prisoner is not entitled to bail under Section 77-20-1]
15 (1) Except as provided in Subsection (2), a judge or magistrate in this state may admit the
16 person arrested to bail by bond with sufficient sureties and in an amount he considers proper,
17 conditioned for his appearance before him at a time specified in the bond and for his surrender, to
18 be arrested upon the warrant of the governor of this state.
19 (2) A person arrested under Section 77-30-13 shall be admitted to bail as a matter of right,
20 except the court has discretion to deny bail as provided in Utah Constitution Article I, Section 8,
21 and when a judge or magistrate in the demanding state has ordered that the person charged be held
22 without bail or the person has waived extradition.
23 (3) There is a rebuttable presumption that the bail set by the court or magistrate in the
24 demanding state is the proper amount of bail in this state.

Legislative Review Note
as of 1-29-97 9:01 AM

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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