H.B. 188

1

ARREST AUTHORITY OF PEACE OFFICERS
2 2002 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Glenn A. Donnelson
5 This act modifies the Code of Criminal Procedure and provisions regarding municipal
6 government by providing that law enforcement officers may not arrest a person for a class
7 C misdemeanor or an infraction without a warrant.
8 This act affects sections of Utah Code Annotated 1953 as follows:
9 AMENDS:
10 10-3-915, as enacted by Chapter 48, Laws of Utah 1977
11 77-7-2, as last amended by Chapter 174, Laws of Utah 1999
12 Be it enacted by the Legislature of the state of Utah:
13 Section 1. Section 10-3-915 is amended to read:
14 10-3-915. Rights to arrest without warrant.
15 The members of the police force [shall] have the power and authority, without process, to
16 arrest and take into custody any person who shall commit or threaten or attempt to commit in the
17 presence of the officer, or within his view, [any breach of the peace, or] any offense directly
18 prohibited by the laws of this state or by ordinance, other than class C misdemeanors and
19 infractions.
20 Section 2. Section 77-7-2 is amended to read:
21 77-7-2. Arrest by peace officers.
22 A peace officer may make an arrest under authority of a warrant or may, without warrant,
23 arrest a person:
24 (1) (a) for any public offense committed or attempted in the presence of any peace officer,
25 except for class C misdemeanors and infractions; and
26 (b) "presence" as used in this Subsection (1) includes all of the physical senses or any
27 device that enhances the acuity, sensitivity, or range of any physical sense, or records the

28 observations of any of the physical senses;
29 (2) when he has reasonable cause to believe a felony or a class A misdemeanor has been
30 committed and has reasonable cause to believe that the person arrested has committed it; or
31 (3) when he has reasonable cause to believe the person has committed a public offense,
32 and there is reasonable cause for believing the person may:
33 (a) flee or conceal himself to avoid arrest;
34 (b) destroy or conceal evidence of the commission of the offense; or
35 (c) injure another person or damage property belonging to another person.




Legislative Review Note
as of 1-2-02 7:52 AM

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

Office of Legislative Research and General Counsel