Senator Lyle W. Hillyard proposes the following substitute bill:


1     
BAIL BOND AMENDMENTS

2     
2016 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Eric K. Hutchings

5     
Senate Sponsor: Lyle W. Hillyard

6     

7     LONG TITLE
8     General Description:
9          This bill modifies the Utah Code of Criminal Procedure relating to arrests and bail.
10     Highlighted Provisions:
11          This bill:
12          ▸     requires a peace officer to issue citations rather than arresting individuals for certain
13     offenses;
14          ▸     sets forth requirements for individuals to appear in court when issued a citation;
15          ▸     amends parental notification requirements if the person cited is under 18 years of
16     age;
17          ▸     provides for pre-trial release requirements when the defendant is arrested without a
18     warrant;
19          ▸     provides conditions by which a custodial authority may hold a defendant for an
20     extended period of time after a defendant's appearance or presentment in court;
21          ▸     directs judges to order the release of a person who may be admitted to bail under the
22     least restrictive means necessary to ensure the appearance of the accused in court
23     and the safety of the public;
24          ▸     provides that a court may order a defendant detained until the time of sentencing
25     under certain circumstances;
26          ▸     makes the failure to appear in court pursuant to a citation a contemptible offense
27     under certain circumstances;
28          ▸     provides that a person may post bail by written undertaking or an equal amount of
29     cash bail;
30          ▸     provides that the clerk of the court shall enter a bench warrant for a person who
31     posts bail and fails to appear as required and that the bench warrant shall be entered:
32               •     on the statewide warrant system; and
33               •     with the National Crime Information Center if the original offense was a felony;
34          ▸     eliminates the provision that a surety may request an extension of the six-month
35     period to bring a defendant before the court or a county sheriff if the defendant
36     failed to appear as required by the court; and
37          ▸     makes technical corrections.
38     Money Appropriated in this Bill:
39          None
40     Other Special Clauses:
41          This bill provides a coordination clause.
42     Utah Code Sections Affected:
43     AMENDS:
44          41-22-16, as last amended by Laws of Utah 2005, Chapter 2
45          73-18-20, as last amended by Laws of Utah 2005, Chapter 2
46          73-18a-15, as last amended by Laws of Utah 2005, Chapter 2
47          77-7-18, as last amended by Laws of Utah 2012, Chapter 322
48          77-7-19, as last amended by Laws of Utah 2009, Chapter 292
49          77-7-20, as last amended by Laws of Utah 2014, Chapters 126 and 263
50          77-18a-1, as last amended by Laws of Utah 2009, Chapter 175
51          77-20-4, as last amended by Laws of Utah 2014, Chapter 170
52          77-20-7, as last amended by Laws of Utah 2011, Chapter 179
53          77-20-8, as last amended by Laws of Utah 1988, Chapter 160
54          77-20-9, as last amended by Laws of Utah 2008, Chapter 3
55          77-20b-101, as last amended by Laws of Utah 2011, Chapter 179
56          77-20b-102, as last amended by Laws of Utah 2000, Chapter 259
57          77-20b-105, as enacted by Laws of Utah 2006, Chapter 332
58          78A-2-220, as last amended by Laws of Utah 2013, Chapter 245
59          78B-6-301, as renumbered and amended by Laws of Utah 2008, Chapter 3
60     REPEALS AND REENACTS:
61          76-8-312, as last amended by Laws of Utah 1974, Chapter 32
62          77-2-1.1, as enacted by Laws of Utah 1992, Chapter 33
63          77-7-21, as last amended by Laws of Utah 2009, Chapter 292
64          77-7-22, as enacted by Laws of Utah 1980, Chapter 15
65          77-7-23, as last amended by Laws of Utah 1997, Chapters 10 and 215
66          77-20-1, as last amended by Laws of Utah 2015, Chapter 99
67          77-20-3, as last amended by Laws of Utah 1998, Chapter 293
68          77-20-5, as last amended by Laws of Utah 1998, Chapter 293
69     REPEALS:
70          77-7-24, as renumbered and amended by Laws of Utah 2005, Chapter 2
71          77-7-25, as renumbered and amended by Laws of Utah 2005, Chapter 2
72          77-7-26, as renumbered and amended by Laws of Utah 2005, Chapter 2
73     Utah Code Sections Affected by Coordination Clause:
74          77-20-4, as last amended by Laws of Utah 2014, Chapter 170
75          77-20-5, as last amended by Laws of Utah 1998, Chapter 293
76     

77     Be it enacted by the Legislature of the state of Utah:
78          Section 1. Section 41-22-16 is amended to read:
79          41-22-16. Authorized peace officers -- Arrest provisions.
80          (1) Any peace officer authorized under Title 53, Chapter 13, Peace Officer
81     Classifications, may enforce the provisions of this chapter and the rules promulgated under this
82     chapter.
83          (2) Whenever any person is arrested for any violation of the provisions of this chapter
84     or of the rules promulgated under this chapter, the procedure for the arrest is the same as
85     outlined in Sections 77-7-22[,] and 77-7-23[, and 77-7-24].
86          Section 2. Section 73-18-20 is amended to read:
87          73-18-20. Enforcement of chapter -- Authority to stop and board vessels --
88     Disregarding law enforcement signal to stop as misdemeanor -- Procedure for arrest.
89          (1) Any law enforcement officer authorized under Title 53, Chapter 13, Peace Officer
90     Classifications, may enforce the provisions of this chapter and the rules promulgated under this
91     chapter.
92          (2) Any law enforcement officer authorized under Title 53, Chapter 13, Peace Officer
93     Classifications, has the authority to stop and board any vessel subject to this chapter, whether
94     the vessel is on water or land. If that officer determines the vessel is overloaded, unseaworthy,
95     or the safety equipment required by this chapter or rules of the board is not on the vessel, that
96     officer may prohibit the launching of the vessel or stop the vessel from operating.
97          (3) An operator who, having received a visual or audible signal from a law
98     enforcement officer authorized under Title 53, Chapter 13, Peace Officer Classifications, to
99     bring his vessel to a stop, operates his vessel in willful or wanton disregard of the signal so as
100     to interfere with or endanger the operation of any vessel or endanger any person, or who
101     attempts to flee or elude the officer whether by vessel or otherwise is guilty of a class A
102     misdemeanor.
103          (4) Whenever any person is arrested for any violation of the provisions of this chapter
104     or of the rules promulgated under this chapter, the procedure for arrest is the same as outlined
105     in Sections 77-7-22 [through 77-7-24] and 77-7-23.
106          Section 3. Section 73-18a-15 is amended to read:
107          73-18a-15. Arrest for violation -- Procedure.
108          Whenever any person is arrested for any violation of the provisions of this chapter or
109     rule promulgated under this chapter, the procedure for arrest is the same as specified in
110     Sections 77-7-22 [through 77-7-24] and 77-7-23.
111          Section 4. Section 76-8-312 is repealed and reenacted to read:
112          76-8-312. Bail jumping.
113          A person arrested and charged with a felony offense who willfully fails to appear at
114     court at the time and place designated for appearance is guilty of a third degree felony.
115          Section 5. Section 77-2-1.1 is repealed and reenacted to read:
116          77-2-1.1. Signing and filing of information.
117          The prosecuting attorney shall:
118          (1) sign all informations; and
119          (2) cause all informations to be filed in court as provided for by the Utah Rules of
120     Criminal Procedure.
121          Section 6. Section 77-7-18 is amended to read:
122          77-7-18. Citation on misdemeanor or infraction charge.
123          [Any person subject to arrest or prosecution on a misdemeanor or infraction charge may
124     be issued and delivered]
125          (1) Except as provided in Subsection (3) a peace officer, who has detained a person and
126     intends to charge the person with a class B or C misdemeanor or an infraction, may not deliver
127     that person to a custodial facility unless the person is also charged with a felony as a part of the
128     same criminal episode. Instead, the officer shall refer the matter to a prosecutor who shall
129     screen the charges as provided in Title 77, Chapter 2, Prosecution, Screening, and Diversion, or
130     issue a citation that requires the person to appear at the court [of the magistrate] with
131     [territorial] jurisdiction. [The citation may be issued by: (1) a peace officer, in lieu of or in
132     addition to taking the person into custody; (2)]
133          (2) In addition to peace officers, the following individuals may issue citations for class
134     B or C misdemeanors or infractions:
135          (a) any public official of any county or municipality charged with the enforcement of
136     the law;
137          [(3)] (b) a port-of-entry agent as defined in Section 72-1-102;
138          [(4)] (c) an animal control officer of a special service district under Title 17D, Chapter
139     1, Special Service District Act, who is authorized to provide animal control service; and
140          [(5)] (d) a volunteer authorized to issue a citation under Section 41-6a-213.
141          (3) A peace officer may arrest and book a person in a custodial facility in lieu of
142     issuing a citation for:
143          (a) any class B misdemeanor violation of Title 41, Chapter 6a, Part 5, Driving Under
144     the Influence and Reckless Driving;
145          (b) a domestic violence offense as defined in Section 77-36-1;
146          (c) any offense involving obstruction of justice; or
147          (d) any other class B or C misdemeanor or infraction if necessary to prevent a breach of
148     the peace.
149          (4) Nothing in this section prevents a peace officer from delivering a person to a
150     custodial facility for any other warrants or legal reasons that may exist.
151          Section 7. Section 77-7-19 is amended to read:
152          77-7-19. Appearance required by citation -- Arrest for failure to appear --
153     Transfer or dismissal of improperly filed cases.
154          (1) A person receiving a citation issued pursuant to Section 77-7-18 shall appear
155     [before the magistrate] in the court designated in the citation on or before the time and date
156     specified in the citation unless [the uniform bail schedule adopted by the Judicial Council or
157     Subsection 77-7-21(1) permits forfeiture of bail for the offense charged.]:
158          (a) the citation states that the court will, within five to 14 days, notify the person of
159     when to appear; or
160          (b) the person is permitted to remit the fine and other penalties without a personal
161     appearance pursuant to the uniform fine schedule adopted by the Judicial Council, or by court
162     order under Section 77-7-21.
163          (2) A citation may not require a person to appear or contact the court sooner than five
164     days or later than 14 days following its issuance.
165          [(3) (a) A person who receives a citation and who fails to comply with Section 77-7-21
166     on or before the time and date and at the court specified is subject to arrest.]
167          [(b) The magistrate may issue a warrant of arrest based upon a citation that was served
168     and filed in accordance with Section 77-7-20.]
169          [(4) Except where otherwise provided by law, a citation or information issued for
170     violations of Title 41, Motor Vehicles, shall state that the person receiving the citation or
171     information shall appear before the magistrate who has jurisdiction over the offense charged.]
172          [(5) Any justice court judge may, upon the motion of either the defense attorney or
173     prosecuting attorney, based on a lack of territorial jurisdiction or the disqualification of the
174     judge, transfer cases to a justice court with territorial jurisdiction or the district court within the
175     county.]
176          (3) If the person cited does not appear before the court as directed by the citation or the
177     court, or pay the fines if allowed by Section 77-7-21, the court may issue a bench warrant for
178     the person's arrest.
179          (4) A person's willful failure to appear on a citation constitutes contempt pursuant to
180     Subsection 78B-6-301(12).
181          [(6)] (5) (a) Clerks and other administrative personnel serving the courts shall [ensure
182     that all citations for violation of Title 41, Motor Vehicles, are filed in a court with jurisdiction
183     and venue and shall refuse to receive] identify for the judge any citations that should [be] have
184     been filed in another court.
185          [(b) Fines, fees, costs, and forfeitures imposed or collected for violations of Title 41,
186     Motor Vehicles, which are filed contrary to this section shall be paid to the entitled
187     municipality or county by the state, county, or municipal treasurer who has received the fines,
188     fees, costs, or forfeitures from the court which collected them.]
189          [(c) The accounting and remitting of sums due shall be at the close of the fiscal year of
190     the municipality or county which has received fines, fees, costs, or forfeitures as a result of any
191     improperly filed citations.]
192          (b) Upon determining that the court lacks jurisdiction, the judge shall:
193          (i) transfer the case to a court with jurisdiction; or
194          (ii) dismiss the charges contained in the citation if no other court is readily identifiable
195     and notify the prosecutor of the dismissal.
196          (c) Fines, fees, costs, and forfeitures collected for cases transferred under this section
197     shall be transferred to the court receiving the case. If the case is dismissed, any fines, fees,
198     costs, and forfeitures collected shall be returned to the defendant.
199          Section 8. Section 77-7-20 is amended to read:
200          77-7-20. Delivery of citation to defendant -- Filing in court -- Electronic filing --
201     Contents of citations.
202          (1) A peace officer or [public] other authorized official who issues a citation pursuant
203     to Section 77-7-18 shall give the citation to the person cited and shall within five business days
204     electronically file the data from Subsections (2)(a) through (2)[(g)](h) with the court specified
205     in the citation. The data transmission shall use the court's electronic filing interface. A
206     nonconforming filing is not effective.
207          (2) The citation issued under authority of this chapter shall contain the following data:
208          (a) the name, address, and phone number of the court before which the person is to
209     appear;
210          (b) the name and date of birth of the person cited;
211          (c) a brief description of the offense charged;
212          (d) the date, time, and place at which the offense is alleged to have occurred;
213          (e) the date on which the citation was issued;
214          (f) the name of the peace officer or [public] official who issued the citation, and the
215     name of the arresting person if an arrest was made by a private party and the citation was
216     issued in lieu of taking the arrested person before a magistrate;
217          (g) the [time and] date on or before and after which the person is to appear or a
218     statement that the court will notify the person of the time to appear;
219          [(h) the address of the court in which the person is to appear;]
220          (h) whether the defendant was arrested and delivered to a custodial facility for other
221     reasons at the time the citation was issued;
222          (i) whether the offense is a domestic violence offense; and
223          (j) a notice containing substantially the following language:
224     
READ CAREFULLY

225          This citation is not an information and will not be used as an information without your
226     consent. If an information is filed you will be provided a copy by the court. You MUST
227     appear in court on or before the time set in this citation or as directed by the court. IF YOU
228     FAIL TO APPEAR, THE COURT MAY ISSUE A WARRANT FOR YOUR ARREST. A
229     WILLFUL FAILURE TO APPEAR CONSTITUTES CONTEMPT OF COURT.
230          (3) By electronically filing the data with the court, the peace officer or [public] official
231     [certifies] affirms to the court that:
232          (a) the citation or information, including the summons and complaint, was [served
233     upon] delivered to the defendant [in accordance with the law];
234          (b) the defendant committed the offense set forth in the [served documents] citation;
235     and
236          (c) the court to which the defendant was directed to appear [is the proper court
237     pursuant to Section 77-7-21] has jurisdiction over the offense charged.
238          (4) Notwithstanding Subsection (1), if a citing law enforcement officer is not
239     reasonably able to access the efiling system, the citation need not be filed electronically if being
240     filed with a justice court.
241          (5) After a citation is issued, it is a class B misdemeanor for any peace officer or other
242     person to knowingly or intentionally dispose of that citation, other than by filing it with the
243     appropriate court.
244          Section 9. Section 77-7-21 is repealed and reenacted to read:
245          77-7-21. Proceeding on citation -- Remittance of fine -- Parental notification
246     required.
247          (1) (a) A citation filed with the court may, with the consent of the defendant, serve in
248     lieu of an information before trial. The person cited may plead guilty or no contest to the
249     charge listed and be sentenced.
250          (b) If provided by the uniform fine schedule adopted by the Judicial Council, or with
251     the court's approval, a person may remit the fine and other penalties without a personal
252     appearance before the court in any case charging a class B misdemeanor or lower offense,
253     unless the charge is:
254          (i) a domestic violence offense as defined in Section 77-36-1;
255          (ii) a violation of Section 41-6a-502, driving under the influence of alcohol, drugs, or a
256     combination of both or with specified or unsafe blood alcohol concentration;
257          (iii) a violation of Section 41-6a-517, driving with any measurable controlled substance
258     in the body; or
259          (iv) a violation of a local ordinance similar to the offenses described in Subsections
260     (1)(b)(i) through (iii).
261          (c) The remittal of fines and other penalties shall be entered as a conviction and treated
262     the same as if the accused pleaded no contest.
263          (d) If the person cited is under 18 years of age, the court shall promptly mail a copy of
264     the citation or a notice of the citation to the address given on the citation, to the attention of the
265     parent or guardian of the defendant.
266          (2) If the person pleads not guilty to the offense or offenses charged, further
267     proceedings shall be held in accordance with the Utah Rules of Criminal Procedure.
268          Section 10. Section 77-7-22 is repealed and reenacted to read:
269          77-7-22. Persons arrested pursuant to warrant -- Presentment to court --
270     Notification to court.
271          (1) A person arrested pursuant to a warrant:
272          (a) may, during court hours and if a judge is available, be delivered to the court issuing
273     the warrant;
274          (b) may be delivered to a custodial facility and, after booking, shall be released with
275     instructions to appear or contact the court if the person has met all conditions of release,
276     including posting any monetary bail set by the court;
277          (c) shall, if arrested on an out of state warrant pursuant to Section 77-7-18, be subject
278     to the conditions in Title 77, Chapter 30, Extradition;
279          (d) shall, if arrested and booked in the county in which the warrant was issued and is
280     not released pursuant to Subsection (1)(b), appear before the issuing court within three business
281     days of being booked; and
282          (e) shall, if arrested and booked in a county in which the warrant was not issued and is
283     not released pursuant to Subsection (1)(b), be delivered to the issuing county no later than the
284     second business day after the defendant's holds in the arresting county are resolved.
285          (2) If a person is released under this section, the arresting officer or custodial authority
286     shall:
287          (a) notify the issuing court of the defendant's arrest and release; and
288          (b) forward any monetary amounts, surety information, and proof of compliance with
289     release conditions to the court.
290          (3) Nothing in Subsection (1)(e) prevents a court from arranging for temporary
291     transport, or video hearings, before the defendant is released in the arresting county.
292          Section 11. Section 77-7-23 is repealed and reenacted to read:
293          77-7-23. Delivery of person arrested without warrant to magistrate -- Release
294     unless probable cause to justify arrest -- Release if no formal charges filed -- Extensions
295     of time.
296          (1) When an arrest is made without a warrant by a peace officer, the peace officer shall
297     immediately:
298          (a) deliver the person to the court with jurisdiction over the offense; or
299          (b) deliver the person to a custodial facility and submit to a magistrate a sworn
300     statement of probable cause in accordance with the Utah Rules of Criminal Procedure.
301          (2) The magistrate shall determine if probable cause exists to justify the continued
302     detention of the defendant. The magistrate will determine pre-trial release in accordance with
303     Title 77, Chapter 20, Bail.
304          (3) When an arrest is made by a private person, that person shall immediately contact a
305     peace officer, who shall, if appropriate, take custody of the arrestee and comply with
306     Subsection (1).
307          (4) The custodial authority shall release any arrested person not later than 24 hours
308     after delivery to the facility unless a magistrate has found probable cause under Subsection
309     (1)(b) or has ordered an extension of the time to do so.
310          (5) The custodial authority shall release any arrested person who remains in custody at
311     5:00 p.m. on the third business day after the probable cause determination, unless the custodial
312     authority receives from a prosecuting attorney or a court:
313          (a) notice of filing of an information or indictment, and a warrant or order of the court
314     setting monetary bail and any other conditions of release; or
315          (b) a judicial order extending the time to file an information or indictment.
316          (6) The custodial authority shall release the arrestee if a notice pursuant to Subsection
317     (4) or (5)(b) is not received by the expiration of the time set by the order.
318          Section 12. Section 77-18a-1 is amended to read:
319          77-18a-1. Appeals -- When proper.
320          (1) A defendant may, as a matter of right, appeal from:
321          (a) a final judgment of conviction, whether by verdict or plea;
322          (b) an order made after judgment that affects the substantial rights of the defendant;
323          (c) an order adjudicating the defendant's competency to proceed further in a pending
324     prosecution; or
325          (d) an order denying bail, as provided in Subsection [77-20-1(7)] 77-20-3(4).
326          (2) In addition to any appeal permitted by Subsection (1), a defendant may seek
327     discretionary appellate review of any interlocutory order.
328          (3) The prosecution may, as a matter of right, appeal from:
329          (a) a final judgment of dismissal, including a dismissal of a felony information
330     following a refusal to bind the defendant over for trial;
331          (b) a pretrial order dismissing a charge on the ground that the court's suppression of
332     evidence has substantially impaired the prosecution's case;
333          (c) an order granting a motion to withdraw a plea of guilty or no contest;
334          (d) an order arresting judgment or granting a motion for merger;
335          (e) an order terminating the prosecution because of a finding of double jeopardy or
336     denial of a speedy trial;
337          (f) an order granting a new trial;
338          (g) an order holding a statute or any part of it invalid;
339          (h) an order adjudicating the defendant's competency to proceed further in a pending
340     prosecution;
341          (i) an order finding, pursuant to Title 77, Chapter 19, Part 2, Competency for
342     Execution, that an inmate sentenced to death is incompetent to be executed;
343          (j) an order reducing the degree of offense pursuant to Section 76-3-402; or
344          (k) an illegal sentence.
345          (4) In addition to any appeal permitted by Subsection (3), the prosecution may seek
346     discretionary appellate review of any interlocutory order entered before jeopardy attaches.
347          Section 13. Section 77-20-1 is repealed and reenacted to read:
348          77-20-1. Right to bail -- Denial of bail -- Hearing.
349          (1) As used in this chapter:
350          (a) "Bail bond agency" means the same as that term is defined in Section 31A-35-102.
351          (b) "Surety" and "sureties" mean a surety insurer or a bail bond agency.
352          (c) "Surety insurer" means the same as that term is defined in Section 31A-35-102.
353          (2) A person charged with or arrested for a criminal offense shall be eligible for
354     pre-trial release on conditions set by a magistrate or judge. However, a magistrate or judge
355     may deny pre-trial release if a person is arrested for, or charged with a:
356          (a) capital felony, and the court finds there is substantial evidence to support the
357     charge;
358          (b) felony supported by substantial evidence and the offense is alleged to have occurred
359     while the person was on probation, parole, or pre-trial release on a previous felony charge;
360          (c) felony supported by substantial evidence and the court finds by clear and
361     convincing evidence that the person would constitute a substantial danger to any other person,
362     the community, or is likely to flee the jurisdiction of the court if released and any available
363     conditions of release would not satisfactorily mitigate that risk; or
364          (d) felony supported by substantial evidence and the court finds that the person violated
365     a material condition of pre-trial release in the present case.
366          (3) For purposes of this chapter, any arrest or charge for a violation of Section
367     76-5-202, aggravated murder, is a capital felony unless:
368          (a) the prosecutor files a notice of intent not to seek the death penalty; or
369          (b) the time for filing a notice to seek the death penalty has expired and the prosecutor
370     has not filed a notice.
371          (4) A person arrested for a violation of a jail release agreement or jail release order
372     pursuant to Section 77-36-2.5:
373          (a) may not be released before the expiration of the time to file an information pursuant
374     to Section 77-7-23, or any allowed extension of that time; and
375          (b) may not be released before the defendant's initial appearance in court pursuant to
376     Section 77-36-2.6 if an information or indictment are filed alleging a violation of that section
377     and the person is in custody.
378          (5) If during the time described in Subsection (4)(a) the custodial authority is notified
379     by the appropriate prosecutorial authority that it declines to file charges, the person shall be
380     released on those charges.
381          (6) Any person eligible for pre-trial release may be released either on the person's own
382     recognizance or upon posting monetary bail. The magistrate or judge shall impose the least
383     restrictive conditions that will reasonably:
384          (a) ensure the appearance of the accused; and
385          (b) ensure the safety of an individual or individuals.
386          Section 14. Section 77-20-3 is repealed and reenacted to read:
387          77-20-3. Pre-trial release -- Modifying conditions of release.
388          (1) The initial order establishing conditions of release or denying bail shall be issued:
389          (a) by a magistrate at the time probable cause is determined; or
390          (b) by the court upon the filing of an information or indictment, if a defendant has not
391     previously been arrested.
392          (2) A bail commissioner may set monetary bail in a misdemeanor case in accordance
393     with Sections 10-3-920 and 17-32-1.
394          (3) Subsequent review and modifications shall be conducted in accordance with the
395     Utah Rules of Criminal Procedure.
396          (4) Notwithstanding Section 78A-7-118, an appeal may be taken from an order of any
397     court denying pre-trial release in accordance with the Utah Rules of Appellate Procedure and
398     Utah Rules of Criminal Procedure. The appellate court shall review if the determination is
399     made in accordance with Section 77-20-1.
400          Section 15. Section 77-20-4 is amended to read:
401          77-20-4. Monetary bail to be posted in cash, by credit or debit card, or by written
402     undertaking.
403          [(1) Bail may be posted:]
404          (1) For purposes of this chapter, "monetary bail" means any amount of financial
405     security that a court orders posted to ensure a person's continued appearance at court hearings.
406          (2) Except as provided in Subsection (3), the judge or magistrate shall set monetary
407     bail at a single amount per charge. The defendant may post that amount by any of the following
408     methods:
409          (a) in cash;
410          (b) by [written undertaking with or without sureties at the discretion of the magistrate;
411     or] execution of a bail bond guaranteed by a surety licensed under Title 31A, Chapter 35, Bail
412     Bond Act;
413          (c) by credit or debit card, at the discretion of the [judge or bail commissioner.]
414     custodial authority; or
415          (d) by written undertaking guaranteed by sureties with a net worth of at least twice the
416     amount of the undertaking, exclusive of property exempt from execution.
417          [(2) Bail may not be accepted without receiving in writing at the time the bail is posted
418     the current mailing address and telephone number of the surety.]
419          (3) If a person has previously failed to appear on a warrant in the case or has a history
420     of failing to appear in other cases, a court may limit a defendant to posting a certain type of
421     monetary bail if the court determines that the restriction is necessary to reasonably guarantee
422     the defendant's appearance or the integrity of the court process.
423          [(3) Bail posted] (4) Amounts paid by debit or credit card, less the fee charged by the
424     financial institution, shall be tendered to the courts.
425          [(4) Bail] (5) Amounts refunded by the court may be refunded by credit to the debit or
426     credit card, or cash. The amount refunded shall be the full amount received by the court under
427     Subsection [(3)] (4), which may be less than the full amount of the bail set by the court.
428          [(5)] (6) Before refunding [bail that is] amounts posted [by the defendant] in cash, by
429     credit card, or by debit card, the court may apply the amount posted toward criminal judgement
430     accounts receivable, as defined in Section [76-3-201.1] 76-3-201, that are owed by the
431     defendant in the priority set forth in Section 77-38a-404.
432          (7) If a defendant fails to appear after posting monetary bail in the form of cash or
433     credit card payment in a case for which a personal appearance is not required by the uniform
434     fine schedule or court order, the court may enter a conviction and apply the monetary bail to
435     fines and other penalties. The court shall then close the case.
436          Section 16. Section 77-20-5 is repealed and reenacted to read:
437          77-20-5. Qualifications of sureties -- Justification -- Requirements of undertaking.
438          (1) Each surety described in Subsection 77-20-4(1)(d) shall justify by affidavit upon
439     the undertaking and each may be further examined upon oath by the magistrate or by the
440     prosecuting attorney in the presence of a magistrate, in respect to the surety's property and net
441     worth.
442          (2) The undertaking shall, in addition to other requirements, provide that each surety
443     submit to the jurisdiction of the court and irrevocably appoint the clerk of the court as the
444     surety's agent upon whom any papers affecting the surety's liability on the undertaking may be
445     served, and that the surety's liability may be enforced on motion and upon any notice the court
446     may require without the necessity of an independent action.
447          (3) The sureties shall also comply with Utah Rules of Civil Procedure, Rule 72.
448          Section 17. Section 77-20-7 is amended to read:
449          77-20-7. Duration of liability on undertaking -- Notices to sureties -- Exoneration
450     if charges not filed.
451          (1) (a) Except as provided in Subsection (1)(b), the principal and the sureties on [the] a
452     bail bond or other written undertaking are liable on the bail bond or undertaking during all
453     proceedings and for all court appearances required of the defendant up to and including the
454     surrender of the defendant for sentencing, irrespective of any contrary provision in the bond or
455     undertaking. Any failure of the defendant to appear when required is a breach of the conditions
456     of the bond or undertaking [or bail] and subjects [it] the bond or undertaking to forfeiture,
457     regardless of whether or not notice of appearance was given to the sureties. Upon sentencing,
458     the bond or undertaking shall be exonerated without motion.
459          (b) If the sentence includes a commitment to a jail or prison, the bond or undertaking
460     shall be exonerated when the defendant appears at the appropriate jail or prison, unless the
461     judge doesn't require the defendant to begin the commitment within seven days, in which case
462     the bond or undertaking is exonerated upon sentencing.
463          (c) For purposes of this section, an order of the court accepting a plea in abeyance
464     agreement and holding that plea in abeyance pursuant to Title 77, Chapter 2a, Pleas in
465     Abeyance, is considered to be the same as a sentencing upon a guilty plea.
466          (d) Any suspended or deferred sentencing is not the responsibility of the surety and the
467     bond is exonerated without any motion, upon acceptance of the court and the defendant of a
468     plea in abeyance, probation, fine payments, post sentencing reviews, or any other deferred
469     sentencing reviews or any other deferred sentencing agreement.
470          (e) If a surety issues a bond after [the] sentencing, the surety is liable on the
471     undertaking during all proceedings and for all court appearances required of the defendant up
472     to and including the defendant's appearance to commence serving the sentence imposed under
473     Subsection (1).
474          [(2) If no information or indictment charging a person with an offense is filed in court
475     within 120 days after the date of the bail undertaking or cash receipt, the court may relieve a
476     person from conditions of release at the person's request, and the bond or undertaking is
477     exonerated without further order of the court unless the prosecutor requests an extension of
478     time before the end of the 120-day period by:]
479          [(a) filing a notice for extension with the court; and]
480          [(b) serving the notice for extension upon the sureties and the person or his attorney.]
481          [(3) A court may extend bail and conditions of release for good cause.]
482          (2) If no information, indictment, or request to extend time to file by the prosecutor is
483     filed in court within 120 days after the ordered release on conditions, the court shall:
484          (a) relieve a person from the conditions of release;
485          (b) refund as provided in Subsection 77-20-4(5) any monetary bail to the person; and
486          (c) exonerate any bail bond or undertaking without further order of the court.
487          (3) A request to extend time:
488          (a) shall be served on any surety and the arrested person or the arrested person's
489     attorney;
490          (b) shall be granted by the court for a period of up to 60 days; or
491          (c) may be granted for a period of up to 120 days upon a showing of good cause.
492          (4) [Subsection (2)] An extension of time sought or granted under this section does not
493     prohibit the otherwise proper filing of charges against a person at any time.
494          (5) If the court does not set on a calendar any hearings on a case within 18 months of
495     the last court docket activity on a case, the undertaking of bail is exonerated without motion.
496          Section 18. Section 77-20-8 is amended to read:
497          77-20-8. Grounds for detaining or releasing defendant on conviction and prior to
498     sentence.
499          (1) Upon conviction[,] for a felony, whether by plea or trial, the court shall order [that]
500     the [convicted] defendant [who is waiting imposition or execution of sentence] be detained
501     until the time for sentencing, unless the court finds by clear and convincing evidence presented
502     by the defendant that the defendant is not likely to flee the jurisdiction of the court, and will not
503     pose a danger to the physical, psychological, or financial and economic safety or well-being of
504     any other person or the community if released.
505          (2) Upon conviction for a misdemeanor, whether by plea or trial, the court may order
506     the defendant be detained until the time for sentencing if the court finds by a preponderance of
507     the evidence that the defendant is likely to flee the jurisdiction of the court, or poses a danger to
508     the physical, psychological, or financial and economic safety or well-being of any other person
509     or the community if released.
510          [(2)] (3) If the court finds the defendant does not need to be detained, the court shall
511     order the release of the defendant on suitable conditions, which may include the conditions
512     under Subsection 77-20-10(2).
513          Section 19. Section 77-20-9 is amended to read:
514          77-20-9. Disposition of forfeitures.
515          If by reason of the neglect of the defendant to appear, money deposited [instead of bail]
516     as a financial condition or money paid by sureties on surety bond is forfeited and the forfeiture
517     is not discharged or remitted, the clerk with whom it is deposited or paid shall, immediately
518     after final adjournment of the court, pay over the money forfeited as follows:
519          (1) the forfeited [bail] amount in cases in or appealed from district courts shall be
520     distributed as provided in Section 78A-5-110;
521          (2) the forfeited [bail] amount in cases in precinct justice courts or in municipal justice
522     courts shall be distributed as provided in Sections 78A-7-120 and 78A-7-121;
523          (3) the forfeited [bail] amount in cases in justice courts where the offense is not triable
524     in that court shall be paid into the General Fund; and
525          (4) the forfeited [bail] amount in cases not provided for in this section shall be paid
526     50% to the state treasurer and the remaining 50% to the county treasurer in the county in which
527     the violation occurred or the forfeited [bail] amount is collected.
528          Section 20. Section 77-20b-101 is amended to read:
529          77-20b-101. Entry of nonappearance -- Notice to surety -- Release of surety on
530     failure of timely notice.
531          (1) If a defendant who has posted bail fails to appear before the appropriate court as
532     required, the court shall within 30 days of the failure to appear issue a bench warrant that
533     includes the original case number. The court shall also direct that the surety be given notice of
534     the nonappearance. The clerk of the court shall:
535          (a) mail notice of nonappearance by certified mail, return receipt requested, within 30
536     days to the address of the surety;
537          (b) notify the surety as listed on the bond of the name, address, and telephone number
538     of the prosecutor;
539          (c) deliver a copy of the notice sent under Subsection (1)(a) to the prosecutor's office at
540     the same time notice is sent under Subsection (1)(a); [and]
541          (d) ensure that the name, address, and telephone number of the surety or its agent as
542     listed on the bond is stated on the bench warrant[.];
543          (e) mail notice of the failure to appear to the bail agent if the surety is different than the
544     producer's agent[.]; and
545          (f) send the bench warrant to the statewide warrant system.
546          (2) A bond shall be exonerated if the bench warrant is not entered on the statewide
547     warrant system.
548          [(2)] (3) The prosecutor may mail notice of nonappearance by certified mail, return
549     receipt requested, to the address of the surety as listed on the bond within 37 days after the date
550     of the defendant's failure to appear.
551          [(3)] (4) If notice of nonappearance is not mailed to a surety as listed on the bond, other
552     than the defendant, in accordance with Subsection (1) or [(2)] (3), the surety and its agent are
553     relieved of further obligation under the bond without motion if the surety's current name and
554     address or the current name and address of the surety's agent are on the bail bond in the court's
555     file.
556          [(4)] (5) (a) (i) If a defendant appears in court within seven calendar days after a
557     missed, scheduled court appearance, the court may reinstate the bond without further notice to
558     the bond company.
559          (ii) If the defendant, while in custody, appears on the case for which the bond was
560     posted, the court may not reinstate the bond without the consent of the bond company.
561          (b) If a defendant fails to appear within seven calendar days after a scheduled court
562     appearance, the court may not reinstate the bond without the consent of the surety.
563          (c) If the defendant is arrested and booked into a county jail booking facility pursuant
564     to a warrant for failure to appear on the original charges [and the court is notified of the arrest],
565     or the court recalls the warrant due to the defendant's having paid the fine and prior to entry of
566     judgment of forfeiture, the court shall exonerate the bond without motion.
567          (d) Unless the court makes a finding of good cause why the bond should not be
568     exonerated, it shall exonerate the bond if:
569          (i) the surety has delivered the defendant to the county jail booking facility in the
570     county where the original charge is pending;
571          (ii) the defendant has been released on a bond secured from a subsequent surety for the
572     original charge and the failure to appear;
573          (iii) after an arrest, the defendant has escaped from jail or has been released on the
574     defendant's own recognizance, pursuant to a pretrial release, under a court order regulating jail
575     capacity, or by a sheriff's release under Section 17-22-5.5;
576          (iv) the surety has transported or agreed to pay for the transportation of the defendant
577     from a location outside of the county back to the county where the original charge is pending,
578     and the payment is in an amount equal to government transportation expenses listed in Section
579     76-3-201; or
580          (v) the surety demonstrates by a preponderance of the evidence that:
581          (A) at the time the surety issued the bond, it had made reasonable efforts to determine
582     that the defendant was legally present in the United States;
583          (B) a reasonable person would have concluded, based on the surety's determination,
584     that the defendant was legally present in the United States; and
585          (C) the surety has failed to bring the defendant before the court because the defendant
586     is in federal custody or has been deported.
587          (e) Under circumstances not otherwise provided for in this section, the court may
588     exonerate the bond if it finds that the prosecutor has been given reasonable notice of a surety's
589     motion and there is good cause for the bond to be exonerated.
590          (f) If a surety's bond has been exonerated under this section and the surety remains
591     liable for the cost of transportation of the defendant, the surety may take custody of the
592     defendant for the purpose of transporting the defendant to the jurisdiction where the charge is
593     pending.
594          Section 21. Section 77-20b-102 is amended to read:
595          77-20b-102. Time for bringing defendant to court.
596          [(1)] If notice of nonappearance has been mailed to a surety under Section 77-20b-101,
597     the surety may bring the defendant before the court or surrender the defendant into the custody
598     of a county sheriff within the state within six months of the date of nonappearance, during
599     which time a forfeiture action on the bond may not be brought.
600          [(2) A surety may request an extension of the six-month time period in Subsection (1),
601     if the surety within that time:]
602          [(a) files a motion for extension with the court; and]
603          [(b) mails the motion for extension and a notice of hearing on the motion to the
604     prosecutor.]
605          [(3) The court may extend the six-month time in Subsection (1) for not more than 60
606     days, if the surety has complied with Subsection (2) and the court finds good cause.]
607          Section 22. Section 77-20b-105 is amended to read:
608          77-20b-105. Revocation of bond.
609          The surety is entitled to obtain the exoneration of its bond [prior to judgment] without
610     motion by providing written proof to the court and the prosecutor that:
611          (1) the defendant has been booked for failure to appear regarding the charge for which
612     the bond was issued; or
613          (2) the defendant is in custody and the surety has served the defendant's bond
614     revocation on the custodial authority.
615          Section 23. Section 78A-2-220 is amended to read:
616          78A-2-220. Authority of magistrate.
617          (1) Except as otherwise provided by law, a magistrate as defined in Section 77-1-3
618     shall have the authority to:
619          (a) commit a person to incarceration prior to trial;
620          (b) set or deny bail under Section 77-20-1 and release upon the payment of bail and
621     satisfaction of any other conditions of release;
622          (c) issue to any place in the state summonses and warrants of search and arrest and
623     authorize administrative traffic checkpoints under Section 77-23-104;
624          (d) conduct an initial appearance;
625          (e) conduct arraignments;
626          (f) conduct a preliminary examination to determine probable cause;
627          (g) appoint attorneys and order recoupment of attorney fees;
628          (h) order the preparation of presentence investigations and reports;
629          (i) issue temporary orders as provided by rule of the Judicial Council; and
630          (j) perform any other act or function authorized by statute.
631          (2) A judge of the justice court may exercise the authority of a magistrate specified in
632     Subsection (1) with the following limitations:
633          (a) a judge of the justice court may conduct an initial appearance, preliminary
634     examination, or arraignment as provided by rule of the Judicial Council; and
635          (b) a judge of the justice court may not [set bail] perform any act or function in a
636     capital felony [nor deny bail in any] case.
637          Section 24. Section 78B-6-301 is amended to read:
638          78B-6-301. Acts and omissions constituting contempt.
639          The following acts or omissions in respect to a court or its proceedings are contempts of
640     the authority of the court:
641          (1) disorderly, contemptuous, or insolent behavior toward the judge while holding the
642     court, tending to interrupt the course of a trial or other judicial proceeding;
643          (2) breach of the peace, boisterous conduct or violent disturbance, tending to interrupt
644     the due course of a trial or other judicial proceeding;
645          (3) misbehavior in office, or other willful neglect or violation of duty by an attorney,
646     counsel, clerk, sheriff, or other person appointed or elected to perform a judicial or ministerial
647     service;
648          (4) deceit, or abuse of the process or proceedings of the court, by a party to an action or
649     special proceeding;
650          (5) disobedience of any lawful judgment, order or process of the court;
651          (6) acting as an officer, attorney or counselor, of a court without authority;
652          (7) rescuing any person or property that is in the custody of an officer by virtue of an
653     order or process of the court;
654          (8) unlawfully detaining a witness or party to an action while going to, remaining at, or
655     returning from, the court where the action is on the calendar for trial;
656          (9) any other unlawful interference with the process or proceedings of a court;
657          (10) disobedience of a subpoena duly served, or refusing to be sworn or to answer as a
658     witness;
659          (11) when summoned as a juror in a court, neglecting to attend or serve, or improperly
660     conversing with a party to an action to be tried at the court, or with any other person,
661     concerning the merits of an action, or receiving a communication from a party or other person
662     in respect to it, without immediately disclosing the communication to the court; [and]
663          (12) willfully failing to appear before a court pursuant to a citation issued under the
664     provisions of Section 77-7-18; and
665          [(12)] (13) disobedience by an inferior tribunal, magistrate or officer of the lawful
666     judgment, order or process of a superior court, or proceeding in an action or special proceeding
667     contrary to law, after the action or special proceeding is removed from the jurisdiction of the
668     inferior tribunal, magistrate or officer. Disobedience of the lawful orders or process of a
669     judicial officer is also a contempt of the authority of the officer.
670          Section 25. Repealer.
671          This bill repeals:
672          Section 77-7-24, Notice to appear in court -- Contents -- Promise to comply --
673     Signing -- Release from custody -- Official misconduct.
674          Section 77-7-25, Keeping of records -- Making and forwarding of abstract upon
675     conviction or forfeiture of bail -- Form and contents -- Official misconduct.
676          Section 77-7-26, Improper disposition or cancellation of notice to appear or traffic
677     citation -- Official misconduct -- Misdemeanor.
678          Section 26. Coordinating H.B. 297 with S.B. 105 -- Superseding amendments.
679          If this H.B. 297 and S.B. 105, Bail Amendments, both pass and become law, it is the
680     intent of the Legislature that:
681          (1) Section 77-20-4 in H.B. 297 supersede Section 77-20-4 in S.B. 105, when the
682     Office of Legislative Research and General Counsel prepares the Utah Code database for
683     publication; and
684          (2) Section 77-20-5 in H.B. 297 supersede Section 77-20-5 in S.B. 105, when the
685     Office of Legislative Research and General Counsel prepares the Utah Code database for
686     publication.