H.B. 106

This document includes House Committee Amendments incorporated into the bill on Thu, Feb 9, 2006 at 12:16 PM by ddonat. --> 1

CITATION AMENDMENTS
2 2006 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Mark W. Walker
5 Senate Sponsor: ____________
6
7 LONG TITLE
8 General Description:
9 This bill adds informational requirements for when a misdemeanor citation is issued.
10 Highlighted Provisions:
11 This bill:
12 . adds the “address” as a required piece of information on a citation;
13 . requires that if the citation is for a traffic violation that it also contain the person's
14 driver license number H. [ and the vehicle identification number ] .H of the vehicle; and
15 . makes technical cross-reference corrections.
16 Monies Appropriated in this Bill:
17 None
18 Other Special Clauses:
19 None
20 Utah Code Sections Affected:
21 AMENDS:
22 41-22-16, as last amended by Chapter 2, Laws of Utah 2005
23 73-18-20, as last amended by Chapter 2, Laws of Utah 2005
24 73-18a-15, as last amended by Chapter 2, Laws of Utah 2005
25 77-7-20, as enacted by Chapter 15, Laws of Utah 1980
26 REPEALS:
27 77-7-24, as renumbered and amended by Chapter 2, Laws of Utah 2005

28
29 Be it enacted by the Legislature of the state of Utah:
30 Section 1. Section 41-22-16 is amended to read:
31 41-22-16. Authorized peace officers -- Arrest provisions.
32 (1) Any peace officer authorized under Title 53, Chapter 13, Peace Officer
33 Classifications, may enforce the provisions of this chapter and the rules promulgated under this
34 chapter.
35 (2) Whenever any person is arrested for any violation of the provisions of this chapter
36 or of the rules promulgated under this chapter, the procedure for the arrest is the same as
37 outlined in Sections 77-7-22 [,] and 77-7-23 [, and 77-7-24 ].
38 Section 2. Section 73-18-20 is amended to read:
39 73-18-20. Enforcement of chapter -- Authority to stop and board vessels --
40 Disregarding law enforcement signal to stop as misdemeanor -- Procedure for arrest.
41 (1) Any law enforcement officer authorized under Title 53, Chapter 13, Peace Officer
42 Classifications, may enforce the provisions of this chapter and the rules promulgated under this
43 chapter.
44 (2) Any law enforcement officer authorized under Title 53, Chapter 13, Peace Officer
45 Classifications, has the authority to stop and board any vessel subject to this chapter, whether
46 the vessel is on water or land. If that officer determines the vessel is overloaded, unseaworthy,
47 or the safety equipment required by this chapter or rules of the board is not on the vessel, that
48 officer may prohibit the launching of the vessel or stop the vessel from operating.
49 (3) An operator who, having received a visual or audible signal from a law
50 enforcement officer authorized under Title 53, Chapter 13, Peace Officer Classifications, to
51 bring his vessel to a stop, operates his vessel in willful or wanton disregard of the signal so as
52 to interfere with or endanger the operation of any vessel or endanger any person, or who
53 attempts to flee or elude the officer whether by vessel or otherwise is guilty of a class A
54 misdemeanor.
55 (4) Whenever any person is arrested for any violation of the provisions of this chapter
56 or of the rules promulgated under this chapter, the procedure for arrest is the same as outlined
57 in Sections 77-7-22 [through 77-7-24 ] and 77-7-23 .
58 Section 3. Section 73-18a-15 is amended to read:

59 73-18a-15. Arrest for violation -- Procedure.
60 Whenever any person is arrested for any violation of the provisions of this chapter or
61 rule promulgated under this chapter, the procedure for arrest is the same as specified in
62 Sections 77-7-22 [through 77-7-24 ] and 77-7-23 .
63 Section 4. Section 77-7-20 is amended to read:
64 77-7-20. Service of citation on defendant -- Filing in court -- Contents of citations.
65 (1) If a citation is issued pursuant to Section 77-7-18 , the peace officer or public
66 official shall issue one copy to the person cited and shall within five days file a duplicate copy
67 with the court specified in the citation.
68 (2) Each copy of the citation issued under authority of this chapter shall contain:
69 (a) the name of the court before which the person is to appear;
70 (b) the name and address of the person cited;
71 (c) a brief description of the offense charged;
72 (d) the date, time and place at which the offense is alleged to have occurred;
73 (e) the date on which the citation was issued;
74 (f) the name of the peace officer or public official who issued the citation, and the
75 name of the arresting person if an arrest was made by a private party and the citation was
76 issued in lieu of taking the arrested person before a magistrate;
77 (g) the time and date on or before and after which the person is to appear;
78 (h) the address of the court in which the person is to appear;
79 (i) a certification above the signature of the officer issuing the citation in substantially
80 the following language: "I certify that a copy of this citation or information (Summons and
81 Complaint) was duly served upon the defendant according to law on the above date and I know
82 or believe and so allege that the above-named defendant did commit the offense herein set forth
83 contrary to law. I further certify that the court to which the defendant has been directed to
84 appear is the proper court pursuant to Section 77-7-21 ."; and
85 (j) a notice containing substantially the following language:
86 READ CAREFULLY
87 This citation is not an information and will not be used as an information without your
88 consent. If an information is filed you will be provided a copy by the court. You MUST appear
89 in court on or before the time set in this citation. IF YOU FAIL TO APPEAR AN

90 INFORMATION WILL BE FILED AND THE COURT MAY ISSUE A WARRANT FOR
91 YOUR ARREST.
92 (3) If the citation is issued for a violation of any part of Title 41, Chapter 6a, Traffic
93 Code, then, in addition to the information required by Subsection (2), the citation shall contain:
94 (a) the number H. [ , if any, ] .H of the person's driver license; and
95 (b) the license plate number H. [ and vehicle identification number ] .H of the person's
95a vehicle.
96 Section 5. Repealer.
97 This bill repeals:
98 Section 77-7-24, Notice to appear in court -- Contents -- Promise to comply --
99 Signing -- Release from custody -- Official misconduct.




Legislative Review Note
as of 12-20-05 10:07 AM

Based on a limited legal review, this legislation has not been determined to have a high
probability of being held unconstitutional.

Office of Legislative Research and General Counsel