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
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
17 ▸ provides for pre-trial release requirements when the defendant is arrested without a
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:
40 Other Special Clauses:
41 This bill provides a coordination clause.
42 Utah Code Sections Affected:
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
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
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
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[
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
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
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 [
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 [
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.
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 [
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;
139 1, Special Service District Act, who is authorized to provide animal control service; and
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
156 specified in the citation unless [
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.
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).
184 been filed in another court.
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 [
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)[
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
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 [
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 [
218 statement that the court will notify the person of the time 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:
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 [
232 (a) the citation or information, including the summons and complaint, was [
234 (b) the defendant committed the offense set forth in the [
236 (c) the court to which the defendant was directed to appear [
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
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
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
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 [
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
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
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
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
409 (a) in cash;
410 (b) by [
412 Bond Act;
413 (c) by credit or debit card, at the discretion of the [
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.
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.
424 financial institution, shall be tendered to the courts.
426 credit card, or cash. The amount refunded shall be the full amount received by the court under
427 Subsection [
429 credit card, or by debit card, the court may apply the amount posted toward criminal judgement
430 accounts receivable, as defined in Section [
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
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 [
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 [
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 [
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).
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
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) [
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
499 (1) Upon conviction[
500 the [
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.
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 [
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 [
520 distributed as provided in Section 78A-5-110;
521 (2) the forfeited [
522 courts shall be distributed as provided in Sections 78A-7-120 and 78A-7-121;
523 (3) the forfeited [
524 in that court shall be paid into the General Fund; and
525 (4) the forfeited [
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 [
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); [
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[
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.
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.
552 than the defendant, in accordance with Subsection (1) or [
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
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 [
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
594 Section 21. Section 77-20b-102 is amended to read:
595 77-20b-102. Time for bringing defendant to court.
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.
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 [
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 [
636 capital felony [
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
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
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; [
663 (12) willfully failing to appear before a court pursuant to a citation issued under the
664 provisions of Section 77-7-18; and
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