This document includes Senate Committee Amendments incorporated into the bill on Wed, Feb 18, 2015 at 9:47 AM by lpoole.
This document includes Senate 2nd Reading Floor Amendments incorporated into the bill on Mon, Mar 2, 2015 at 4:24 PM by lpoole.
This document includes Senate 3rd Reading Floor Amendments incorporated into the bill on Tue, Mar 3, 2015 at 1:13 PM by lpoole.
This document includes Senate 3rd Reading Floor Amendments incorporated into the bill on Tue, Mar 3, 2015 at 1:21 PM by lpoole.
This document includes Senate 3rd Reading Floor Amendments incorporated into the bill on Tue, Mar 3, 2015 at 6:39 PM by lpoole.
This document includes House Committee Amendments incorporated into the bill on Tue, Mar 10, 2015 at 3:40 PM by lerror.
Senator Stephen H. Urquhart proposes the following substitute bill:


1     
FORCIBLE ENTRY AMENDMENTS

2     
2015 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Stephen H. Urquhart

5     
House Sponsor: Bradley G. Last

6     

7     LONG TITLE
8     General Description:
9          This bill modifies the Utah Code of Criminal Procedure regarding the use of forcible
10     entry when serving a search warrant or making an arrest.
11     Highlighted Provisions:
12          This bill:
13          ▸     amends existing law regarding the use of forcible entry by a law enforcement officer
14     when executing a warrant;
14a     Ŝ→ ▸ requires that the Utah Peace Officer Standards and Training Council recommend
14b     guidelines and procedures regarding use of force in executing a warrant; ←Ŝ
15          ▸     requires a law enforcement officer to wear a badge, label, or clothing that identifies
16     that person as a peace officer;
17          ▸     provides that if the deploying law enforcement agency owns and operates body
18     camera devices, the officer who executes a warrant shall be equipped with a body
19     camera that actively records through the duration of the execution of the warrant;
20          ▸     provides that a search or administrative warrant may not be issued by a justice court
21     judge;
21a          Ĥ→ ▸ provides that a warrant authorizing forceful entry may not be issued solely for
21b     the purpose of an alleged controlled substance or for drug paraphernalia; ←Ĥ and
22          ▸     provides that any evidence obtained in violation of these provisions is not
23     admissible in any civil, criminal, or administrative proceeding.
24     Money Appropriated in this Bill:
25          None
26     Other Special Clauses:
27          Ŝ→ [None] This bill provides a coordination clause. ←Ŝ
28     Utah Code Sections Affected:
29     AMENDS:
30          77-7-8, as last amended by Laws of Utah 2014, Chapter 297
31          77-23-210, as last amended by Laws of Utah 2014, Chapter 297
32     

33     Be it enacted by the Legislature of the state of Utah:
34          Section 1. Section 77-7-8 is amended to read:
35          77-7-8. Forcible entry to conduct search or make arrest -- Conditions requiring a
36     warrant.
37          (1) (a) Subject to Subsection (2), a peace officer when making an arrest may forcibly
38     enter the building in which the person to be arrested is located, or in which there is probable
39     cause for believing [him] the person to be.
40          (b) Before making the forcible entry, the officer shall:
41          (i) identify himself or herself as a law enforcement officer; [and]
42          (ii) demand admission;
42a     Ŝ→      (iii) wait a reasonable period of time for an occupant Ŝ→ to ←Ŝ admit access; ←Ŝ and
43          Ŝ→ [(iii)] (iv) ←Ŝ explain the purpose for which admission is desired.
44          (c) (i) The officer need not give a demand and explanation, or identify himself or
45     herself, before making a forcible entry under the exceptions in Section 77-7-6 or where there is
46     probable cause to believe evidence will be easily or quickly [secreted or] destroyed.
47          (ii) The officer shall identify himself or herself and state the purpose [of] for entering
48     the premises as soon as practicable after entering the premises.
49          (d) The officer may use only that force which is reasonable and necessary to effectuate
50     forcible entry under this section.
51          (2) If the building to be entered under Subsection (1) appears to be a private residence
52     or the officer knows the building is a private residence, and if there is no consent to enter or
53     there are no exigent circumstances, the officer shall, before entering the building:
54          (a) obtain an arrest or search warrant if the building is the residence of the person to be
55     arrested; or
56          (b) obtain a search warrant if the building is a residence, but not the residence of the
57     person whose arrest is sought.
57a     Ŝ→ (3) Notwithstanding any other provision of this chapter, forcible entry under this section
57b     may not be made solely for the alleged:
57c     (a) possession or use of a controlled substance under Section 58-37-8; or
57d     (b) the possession of drug paraphernalia as defined in Section 58-37a-3. ←Ŝ
58          Section 2. Section 77-23-210 is amended to read:
59          77-23-210. Force used in executing a search warrant -- When notice of authority
60     is required as a prerequisite.
61          (1) (a) No later than July 1, 2015, any law enforcement agency that seeks a warrant
62     under this section shall comply with guidelines and procedures which are, at a minimum, in
63     accordance with state law and model guidelines and procedures recommended by the Ŝ→ [Utah
64     Department of Public Safety] Utah Peace Officer Standards and Training Council created in
64a     Section 53-6-106 ←Ŝ .
65          (b) Written policies adopted pursuant to this section, shall be subject to public
66     disclosure and inspection, in accordance with Title 63G, Chapter 2, Government Access and
67     Management Act.
68          [(1)] (2) When a search warrant has been issued authorizing entry into any building,
69     room, conveyance, compartment, or other enclosure, the officer executing the warrant may
70     enter:
71          (a) if, after giving notice of the officer's authority and purpose, there is no response or
72     the officer is not admitted with reasonable promptness; or
73          (b) without notice of the officer's authority and purpose as provided in Subsection (3).
74          [(2) The officer executing the warrant under Subsection (1) may use only that force
75     which is reasonable and necessary to execute the warrant.]
76          [(3) (a) The officer shall identify himself or herself and state the purpose of entering
77     the premises as soon as practicable.]
78          [(b)] (3) (a) The officer may enter without notice only if:
79          (i) there is [reason] reasonable suspicion to believe that the notice will endanger the
80     life or safety of the officer or another person;
81          (ii) there is probable cause to believe that evidence may be easily or quickly [secreted
82     or] destroyed; or
83          (iii) the magistrate, having found probable cause based upon proof provided under
84     oath, that the object of the search may be easily or quickly [secreted or] destroyed, or having
85     found reason to believe that physical harm may result to any person if notice were given, has
86     directed that the officer need not give notice of authority and purpose before entering the
87     premises to be searched under [Rule 40,] the Rules of Criminal Procedure[.]; or
88          (iv) the officer physically observes and documents a previously unknown event or
89     circumstance at the time the warrant is being executed which creates probable cause to believe
90     the object of the search is being destroyed, or creates Ŝ→ [reason] reasonable suspicion ←Ŝ to
90a     believe that physical harm may
91     result to any person if notice were given.
92          (b) The officer shall identify himself or herself and state the purpose for entering the
93     premises as soon as practicable after entering.
94          (4) An officer executing a warrant under this section may use only that force which is
95     reasonable and necessary to execute the warrant.
96          (5) An officer executing a warrant under this section shall wear readily identifiable
97     markings, including a badge and vest or clothing with a distinguishing label or other writing
98     which indicates that he or she is a law enforcement officer.
99          (6) (a) An officer executing a warrant under this section shall comply with the officer's
100     employing agency's body worn camera policy when the officer is equipped with a body worn
101     camera.
102          (b) The employing agency's policy regarding the use of body worn cameras shall
103     include a provision that an officer Ŝ→ executing a warrant under this section ←Ŝ shall wear a
103a     body worn camera when a camera is available,
104     except in exigent circumstances where it is not practicable to do so.
105          [(4)] (7) (a) The officer shall take reasonable precautions in execution of any search
106     warrant to minimize the risks of unnecessarily confrontational or invasive methods which may
107     result in harm to any person.
108          (b) The officer shall minimize the risk of searching the wrong premises by verifying
109     that the premises being searched is consistent with a particularized description in the search
110     warrant, including such factors as the type of structure, the color, the address, and orientation
111     of the target property in relation to nearby structures as is reasonably necessary.
112          (8) Notwithstanding any provision in this chapter, a warrant Ĥ→ authorizing forceful
112a     entry without prior announcement ←Ĥ may not be issued under
113     this section, solely for:
114          (a) the alleged possession or use of a controlled substance; or
115          (b) the alleged possession of drug paraphernalia as provided in Section
115a     Ŝ→ [53-37a-3] 58-37a-3 ←Ŝ .
115b     Ĥ→ [Ŝ→ Section 3. Coordinating S.B. 82 with H.B. 348 Ŝ→ [7] ←Ŝ --Modifying substantive
115b1     language.
115c     If this S.B. 82 and H.B. 348, Criminal Justice Programs and Amendments, both pass and
115d     become law, the Legislature intends that the Office of Legislative Research and ☆
115e     ☆ General Counsel, in preparing the Utah Code database for publication:
115f     (1) amend Subsection 77-23-210(8)(a) to read:
115g          "(8)(a) the alleged possession or use of marijuana or a controlled substance under
115h     Section 58-37-4.2; or" ; and
115i     (2) amend Subsection 7-23-210(8)(b) to read:
115j          "(b) the alleged possession or use of drug paraphernalia as provided in Section
115k      53-37a-3." ←Ŝ] ←Ĥ