7 LONG TITLE
8 General Description:
9 This bill modifies provisions of the Utah Code of Criminal Procedure relating to arrests
10 and bail.
11 Highlighted Provisions:
12 This bill:
13 ▸ requires a peace officer to issue citations rather than arresting individuals for certain
15 ▸ sets forth requirements for individuals to appear in court when issued a citation;
16 ▸ amends parental notification requirements if the person cited is under 18 years of
18 ▸ provides for pre-trial release requirements when the defendant is arrested without a
20 ▸ provides conditions by which a custodial authority may hold a defendant for an
21 extended period of time after a defendant's appearance or presentment in court;
22 ▸ directs judges to order the release of a person who may be admitted to bail under the
23 least restrictive means necessary to ensure the appearance of the accused in court
24 and the safety of the public;
25 ▸ provides for pre-trial release conditions that may be ordered by the court;
26 ▸ provides that a court may order a defendant detained until the time of sentencing
27 under certain circumstances;
28 ▸ makes the failure to appear in court pursuant to a citation a contemptible offense
29 under certain circumstances; and
30 ▸ makes technical changes.
31 Money Appropriated in this Bill:
33 Other Special Clauses:
35 Utah Code Sections Affected:
37 41-22-16, as last amended by Laws of Utah 2005, Chapter 2
38 73-18-20, as last amended by Laws of Utah 2005, Chapter 2
39 73-18a-15, as last amended by Laws of Utah 2005, Chapter 2
40 76-3-301.5, as enacted by Laws of Utah 1988, Chapter 152
41 77-7-18, as last amended by Laws of Utah 2012, Chapter 322
42 77-7-19, as last amended by Laws of Utah 2009, Chapter 292
43 77-7-20, as last amended by Laws of Utah 2014, Chapters 126 and 263
44 77-18a-1, as last amended by Laws of Utah 2009, Chapter 175
45 77-20-4, as last amended by Laws of Utah 2014, Chapter 170
46 77-20-7, as last amended by Laws of Utah 2011, Chapter 179
47 77-20-8, as last amended by Laws of Utah 1988, Chapter 160
48 77-20-8.5, as last amended by Laws of Utah 2001, Chapter 245
49 77-20-9, as last amended by Laws of Utah 2008, Chapter 3
50 78A-2-220, as last amended by Laws of Utah 2013, Chapter 245
51 78B-6-301, as renumbered and amended by Laws of Utah 2008, Chapter 3
53 77-20-1.5, Utah Code Annotated 1953
54 77-20-1.6, Utah Code Annotated 1953
55 REPEALS AND REENACTS:
56 76-8-312, as last amended by Laws of Utah 1974, Chapter 32
57 77-2-1.1, as enacted by Laws of Utah 1992, Chapter 33
58 77-7-21, as last amended by Laws of Utah 2009, Chapter 292
59 77-7-22, as enacted by Laws of Utah 1980, Chapter 15
60 77-7-23, as last amended by Laws of Utah 1997, Chapters 10 and 215
61 77-20-1, as last amended by Laws of Utah 2015, Chapter 99
62 77-20-3, as last amended by Laws of Utah 1998, Chapter 293
63 77-20-5, as last amended by Laws of Utah 1998, Chapter 293
65 10-3-920, as last amended by Laws of Utah 2015, Chapter 99
66 10-3-921, as last amended by Laws of Utah 1990, Chapter 283
67 10-3-922, as last amended by Laws of Utah 1990, Chapter 283
68 17-32-1, as last amended by Laws of Utah 2015, Chapter 99
69 17-32-2, as last amended by Laws of Utah 1990, Chapter 283
70 17-32-3, as last amended by Laws of Utah 1990, Chapter 283
71 17-32-4, as last amended by Laws of Utah 1990, Chapter 283
72 77-7-24, as renumbered and amended by Laws of Utah 2005, Chapter 2
73 77-7-25, as renumbered and amended by Laws of Utah 2005, Chapter 2
74 77-7-26, as renumbered and amended by Laws of Utah 2005, Chapter 2
76 Be it enacted by the Legislature of the state of Utah:
77 Section 1. Section 41-22-16 is amended to read:
78 41-22-16. Authorized peace officers -- Arrest provisions.
79 (1) Any peace officer authorized under Title 53, Chapter 13, Peace Officer
80 Classifications, may enforce the provisions of this chapter and the rules promulgated under this
82 (2) Whenever any person is arrested for any violation of the provisions of this chapter
83 or of the rules promulgated under this chapter, the procedure for the arrest is the same as
84 outlined in Sections 77-7-22[
85 Section 2. Section 73-18-20 is amended to read:
86 73-18-20. Enforcement of chapter -- Authority to stop and board vessels --
87 Disregarding law enforcement signal to stop as misdemeanor -- Procedure for arrest.
88 (1) Any law enforcement officer authorized under Title 53, Chapter 13, Peace Officer
89 Classifications, may enforce the provisions of this chapter and the rules promulgated under this
91 (2) Any law enforcement officer authorized under Title 53, Chapter 13, Peace Officer
92 Classifications, has the authority to stop and board any vessel subject to this chapter, whether
93 the vessel is on water or land. If that officer determines the vessel is overloaded, unseaworthy,
94 or the safety equipment required by this chapter or rules of the board is not on the vessel, that
95 officer may prohibit the launching of the vessel or stop the vessel from operating.
96 (3) An operator who, having received a visual or audible signal from a law
97 enforcement officer authorized under Title 53, Chapter 13, Peace Officer Classifications, to
98 bring his vessel to a stop, operates his vessel in willful or wanton disregard of the signal so as
99 to interfere with or endanger the operation of any vessel or endanger any person, or who
100 attempts to flee or elude the officer whether by vessel or otherwise is guilty of a class A
102 (4) Whenever any person is arrested for any violation of the provisions of this chapter
103 or of the rules promulgated under this chapter, the procedure for arrest is the same as outlined
104 in Sections 77-7-22 [
105 Section 3. Section 73-18a-15 is amended to read:
106 73-18a-15. Arrest for violation -- Procedure.
107 Whenever any person is arrested for any violation of the provisions of this chapter or
108 rule promulgated under this chapter, the procedure for arrest is the same as specified in
109 Sections 77-7-22 [
110 Section 4. Section 76-3-301.5 is amended to read:
111 76-3-301.5. Uniform fine schedule -- Judicial Council.
112 (1) The Judicial Council shall establish a uniform recommended fine schedule for each
113 offense under Subsection 76-3-301(1).
114 (a) The fine for each offense shall proportionally reflect the seriousness of the offense
115 and other factors as determined in writing by the Judicial Council.
116 (b) The schedule shall [
117 B and C misdemeanors and infractions for which a personal appearance is not required.
118 (c) The fines shall be collected under Section 77-18-1.
119 (2) The schedule shall incorporate:
120 (a) criteria for determining aggravating and mitigating circumstances; and
121 (b) guidelines for enhancement or reduction of the fine, based on aggravating or
122 mitigating circumstances.
123 (3) Presentence investigation reports shall include documentation of aggravating and
124 mitigating circumstances as determined under the criteria, and a recommended fine under the
126 (4) The Judicial Council shall also establish a separate uniform recommended fine
127 schedule for the juvenile court and by rule provide for its implementation.
128 (5) This section does not prohibit the court from in its discretion imposing no fine, or a
129 fine in any amount up to and including the maximum fine, for the offense.
130 Section 5. Section 76-8-312 is repealed and reenacted to read:
131 76-8-312. Bail jumping.
132 A person arrested and charged with a felony offense who willfully fails to appear at
133 court at the time and place designated for appearance is guilty of a third degree felony.
134 Section 6. Section 77-2-1.1 is repealed and reenacted to read:
135 77-2-1.1. Signing and filing of information.
136 The prosecuting attorney shall:
137 (1) sign all informations; and
138 (2) cause all informations to be filed in court as provided for by the Utah Rules of
139 Criminal Procedure.
140 Section 7. Section 77-7-18 is amended to read:
141 77-7-18. Citation on misdemeanor or infraction charge.
144 (1) Except as provided in Subsection (3) a peace officer, who has detained a person and
145 intends to charge the person with a class B or C misdemeanor or an infraction, may not deliver
146 that person to a custodial facility. Instead, the officer shall screen the charges as provided in
147 Title 77, Chapter 2, Prosecution, Screening, and Diversion, or issue a citation that requires the
148 person to appear at the court [
151 (2) In addition to peace officers, the following individuals may issue citations for class
152 B or C misdemeanors or infractions:
153 (a) any public official of any county or municipality charged with the enforcement of
154 the law;
157 1, Special Service District Act, who is authorized to provide animal control service; and
159 (3) A peace officer may arrest and book a person in a custodial facility in lieu of
160 issuing a citation for:
161 (a) any class B misdemeanor violation of Title 41, Chapter 6a, Part 5, Driving Under
162 the Influence and Reckless Driving;
163 (b) a domestic violence offense as defined in Section 77-36-1;
164 (c) any offense involving obstruction of justice; or
165 (d) any other class B or C misdemeanor or infraction if necessary to prevent an
166 immediate breach of the peace.
167 (4) Nothing in this section prevents a peace officer from delivering a person to a
168 custodial facility for any other warrants or legal reasons that may exist.
169 Section 8. Section 77-7-19 is amended to read:
170 77-7-19. Appearance required by citation -- Arrest for failure to appear --
171 Transfer or dismissal of improperly filed cases.
172 (1) A person receiving a citation issued pursuant to Section 77-7-18 shall appear
174 specified in the citation unless [
176 (a) the citation states that the court will, within five to 14 days, notify the person of
177 when to appear; or
178 (b) the person is permitted to remit the fine and other penalties without a personal
179 appearance pursuant to the uniform fine schedule adopted by the Judicial Council, or by court
180 order under Section 77-7-21.
181 (2) A citation may not require a person to appear or contact the court sooner than five
182 days or later than 14 days following its issuance.
194 (3) If the person cited does not appear before the court as directed by the citation or the
195 court, or pay the fines if allowed by Section 77-7-21, the court may issue a bench warrant for
196 the person's arrest.
197 (4) A person's willful failure to appear on a citation constitutes contempt pursuant to
198 Subsection 78B-6-301(12).
202 been filed in another court.
210 (b) Upon determining that the court lacks jurisdiction, the judge shall:
211 (i) transfer the case to a court with jurisdiction; or
212 (ii) dismiss the charges contained in the citation if no other court is readily identifiable
213 and notify the prosecutor of the dismissal.
214 (c) Fines, fees, costs, and forfeitures collected for cases transferred under this section
215 shall be transferred to the court receiving the case. If the case is dismissed, any fines, fees,
216 costs, and forfeitures collected shall be returned to the defendant.
217 Section 9. Section 77-7-20 is amended to read:
218 77-7-20. Delivery of citation to defendant -- Filing in court -- Electronic filing --
219 Contents of citations.
220 (1) A peace officer or [
221 to Section 77-7-18 shall give the citation to the person cited and shall within five business days
222 electronically file the data from Subsections (2)(a) through (2)[
223 in the citation. The data transmission shall use the court's electronic filing interface. A
224 nonconforming filing is not effective.
225 (2) The citation issued under authority of this chapter shall contain the following data:
226 (a) the name, address, and phone number of the court before which the person is to
228 (b) the name and date of birth of the person cited;
229 (c) a brief description of the offense charged;
230 (d) the date, time, and place at which the offense is alleged to have occurred;
231 (e) the date on which the citation was issued;
232 (f) the name of the peace officer or [
233 name of the arresting person if an arrest was made by a private party and the citation was
234 issued in lieu of taking the arrested person before a magistrate;
235 (g) the [
236 statement that the court will notify the person of the time to appear;
238 (h) whether the defendant was arrested and delivered to a custodial facility for other
239 reasons at the time the citation was issued;
240 (i) whether the offense is a domestic violence offense; and
241 (j) a notice containing substantially the following language:
243 This citation is not an information and will not be used as an information without your
244 consent. If an information is filed you will be provided a copy by the court. You MUST
245 appear in court on or before the time set in this citation or as directed by the court. IF YOU
246 FAIL TO APPEAR, THE COURT MAY ISSUE A WARRANT FOR YOUR ARREST. A
247 WILLFUL FAILURE TO APPEAR CONSTITUTES CONTEMPT OF COURT.
248 (3) By electronically filing the data with the court, the peace officer or [
250 (a) the citation or information, including the summons and complaint, was [
252 (b) the defendant committed the offense set forth in the [
254 (c) the court to which the defendant was directed to appear [
256 (4) Notwithstanding Subsection (1), if a citing law enforcement officer is not
257 reasonably able to access the efiling system, the citation need not be filed electronically if being
258 filed with a justice court.
259 (5) After a citation is issued, it is a class B misdemeanor for any peace officer or other
260 person to knowingly or intentionally dispose of that citation, other than by filing it with the
261 appropriate court.
262 Section 10. Section 77-7-21 is repealed and reenacted to read:
263 77-7-21. Proceeding on citation -- Remittance of fine -- Parental notification
265 (1) (a) A citation filed with the court may, with the consent of the defendant, serve in
266 lieu of an information before trial. The person cited may plead guilty or no contest to the
267 charge listed and be sentenced.
268 (b) If provided by the uniform fine schedule adopted by the Judicial Council, or with
269 the court's approval, a person may remit the fine and other penalties without a personal
270 appearance before the court in any case charging a class B misdemeanor or lower offense,
271 unless the charge is:
272 (i) a domestic violence offense as defined in Section 77-36-1;
273 (ii) a violation of Section 41-6a-502, driving under the influence of alcohol, drugs, or a
274 combination of both or with specified or unsafe blood alcohol concentration;
275 (iii) a violation of Section 41-6a-517, driving with any measurable controlled substance
276 in the body; or
277 (iv) a violation of a local ordinance similar to the offenses described in Subsections
278 (1)(b)(i) through (iii).
279 (c) The remittal of fines and other penalties shall be entered as a conviction and treated
280 the same as if the accused pleaded no contest.
281 (d) If the person cited is under 18 years of age, the court shall promptly mail a copy of
282 the citation or a notice of the citation to the address given on the citation, to the attention of the
283 parent or guardian of the defendant.
284 (2) If the person pleads not guilty to the offense or offenses charged, further
285 proceedings shall be held in accordance with the Utah Rules of Criminal Procedure.
286 Section 11. Section 77-7-22 is repealed and reenacted to read:
287 77-7-22. Persons arrested pursuant to warrant -- Presentment to court --
288 Notification to court.
289 (1) A person arrested pursuant to a warrant:
290 (a) may, during court hours and if a judge is available, be delivered to the court issuing
291 the warrant;
292 (b) may be delivered to a custodial facility and, after booking, shall be released with
293 instructions to appear or contact the court if the person has met all conditions of release,
294 including posting any monetary bail set by the court;
295 (c) shall, if arrested on an out of state warrant pursuant to Section 77-7-18, be subject
296 to the conditions in Title 77, Chapter 30, Extradition;
297 (d) shall, if arrested and booked in the county in which the warrant was issued and is
298 not released pursuant to Subsection (1)(b), appear before the issuing court within three business
299 days of being booked; and
300 (e) shall, if arrested and booked in a county in which the warrant was issued and is not
301 released pursuant to Subsection (1)(b), be delivered to the issuing county no later than the
302 second business day after the defendant's holds in the arresting county are resolved.
303 (2) If a person is released under this section, the arresting officer or custodial authority
305 (a) notify the issuing court of the defendant's arrest and release; and
306 (b) forward any monetary amounts, surety information, and proof of compliance with
307 release conditions to the court.
308 (3) Nothing in Subsection (1)(e) prevents a court from arranging for temporary
309 transport, or video hearings, before the defendant is released in the arresting county.
310 Section 12. Section 77-7-23 is repealed and reenacted to read:
311 77-7-23. Delivery of person arrested without warrant to magistrate -- Release
312 unless probable cause to justify arrest -- Release if no formal charges filed -- Extensions
313 of time.
314 (1) When an arrest is made without a warrant by a peace officer, the peace officer shall
316 (a) deliver the person to the court with jurisdiction over the offense; or
317 (b) deliver the person to a custodial facility and submit to a magistrate a sworn
318 statement of probable cause in accordance with the Utah Rules of Criminal Procedure.
319 (2) The magistrate shall determine if probable cause exists to justify the continued
320 detention of the defendant. The magistrate will determine pre-trial release in accordance with
321 Title 77, Chapter 20, Bail.
322 (3) When an arrest is made by a private person, that person shall immediately contact a
323 peace officer, who shall, if appropriate, take custody of the arrestee and comply with
324 Subsection (1).
325 (4) The custodial authority shall release any arrested person not later than 24 hours
326 after delivery to the facility unless a magistrate has found probable cause under Subsection
327 (1)(b) or has ordered an extension of the time to do so.
328 (5) The custodial authority shall release any arrested person who remains in custody at
329 5:00 p.m. on the third business day after the person is delivered to the facility, unless the
330 custodial authority receives from a prosecuting attorney or a court:
331 (a) notice of filing of an information or indictment, and a warrant or order of the court
332 setting monetary bail and any other conditions of release; or
333 (b) a judicial order extending the time to file an information or indictment.
334 (6) The custodial authority shall release the arrestee if a notice pursuant to Subsection
335 (4) or (5)(b) is not received by the expiration of the time set by the order.
336 Section 13. Section 77-18a-1 is amended to read:
337 77-18a-1. Appeals -- When proper.
338 (1) A defendant may, as a matter of right, appeal from:
339 (a) a final judgment of conviction, whether by verdict or plea;
340 (b) an order made after judgment that affects the substantial rights of the defendant;
341 (c) an order adjudicating the defendant's competency to proceed further in a pending
342 prosecution; or
343 (d) an order denying bail, as provided in Subsection [
344 (2) In addition to any appeal permitted by Subsection (1), a defendant may seek
345 discretionary appellate review of any interlocutory order.
346 (3) The prosecution may, as a matter of right, appeal from:
347 (a) a final judgment of dismissal, including a dismissal of a felony information
348 following a refusal to bind the defendant over for trial;
349 (b) a pretrial order dismissing a charge on the ground that the court's suppression of
350 evidence has substantially impaired the prosecution's case;
351 (c) an order granting a motion to withdraw a plea of guilty or no contest;
352 (d) an order arresting judgment or granting a motion for merger;
353 (e) an order terminating the prosecution because of a finding of double jeopardy or
354 denial of a speedy trial;
355 (f) an order granting a new trial;
356 (g) an order holding a statute or any part of it invalid;
357 (h) an order adjudicating the defendant's competency to proceed further in a pending
359 (i) an order finding, pursuant to Title 77, Chapter 19, Part 2, Competency for
360 Execution, that an inmate sentenced to death is incompetent to be executed;
361 (j) an order reducing the degree of offense pursuant to Section 76-3-402; or
362 (k) an illegal sentence.
363 (4) In addition to any appeal permitted by Subsection (3), the prosecution may seek
364 discretionary appellate review of any interlocutory order entered before jeopardy attaches.
365 Section 14. Section 77-20-1 is repealed and reenacted to read:
366 77-20-1. Right to bail -- Denial of bail -- Hearing.
367 (1) A person charged with or arrested for a criminal offense shall be eligible for
368 pre-trial release on conditions set by a magistrate or judge in accordance with this title, the
369 Utah Rules of Criminal Procedure, and the policies of the Judicial Council. However, a
370 magistrate or judge may deny pre-trial release if a person is arrested for, or charged with a:
371 (a) capital felony, and the court finds there is substantial evidence to support the
373 (b) felony supported by substantial evidence and the offense is alleged to have occurred
374 while the person was on probation, parole, or pre-trial release on a previous felony charge;
375 (c) felony supported by substantial evidence and the court finds by clear and
376 convincing evidence that the person would constitute a substantial danger to any other person,
377 the community, or is likely to flee the jurisdiction of the court if released and any available
378 conditions of release would not satisfactorily mitigate that risk;
379 (d) felony supported by substantial evidence and the court finds that the person violated
380 a material condition of pre-trial release in the present case; or
381 (e) domestic violence offense alleged to have been committed against an intimate
382 partner, as defined in 18 U.S.C. Sec. 921, if:
383 (i) the court finds by clear and convincing evidence that the person would constitute a
384 substantial danger to the victim if released on bail; or
385 (ii) the person was on pre-trail release for a domestic violence offense alleged against
386 the same intimate partner.
387 (2) For purposes of this chapter, any arrest or charge for a violation of Section
388 76-5-202, aggravated murder, is a capital felony unless:
389 (a) the prosecutor files a notice of intent not to seek the death penalty; or
390 (b) the time for filing a notice to seek the death penalty has expired and the prosecutor
391 has not filed a notice.
392 (3) A person arrested for a violation of a jail release agreement or jail release order
393 pursuant to Section 77-36-2.5:
394 (a) may not be released before the expiration of the time to file an information pursuant
395 to Section 77-7-23, or any allowed extension of that time; and
396 (b) may not be released before the defendant's initial appearance in court pursuant to
397 Section 77-36-2.6 if an information or indictment are filed alleging a violation of that section
398 and the person is in custody.
399 (4) If during the time described in Subsection (3)(a) the custodial authority is notified
400 by the appropriate prosecutorial authority that it declines to file charges, the person shall be
401 released on those charges.
402 (5) During the hearing described in Subsection (3)(b) the court may deny bail pursuant
403 to Subsection (1)(e), if appropriate.
404 (6) Any person eligible for pre-trial release may be released either on the person's own
405 recognizance or upon the least restrictive conditions that the judge or magistrate finds will
407 (a) ensure the appearance of the accused;
408 (b) ensure the integrity of the court process;
409 (c) prevent direct or indirect contact with witnesses or victims by the accused, if
410 appropriate; and
411 (d) ensure the safety of the public.
412 Section 15. Section 77-20-1.5 is enacted to read:
413 77-20-1.5. Pre-trial policies -- Judicial Council.
414 (1) The Judicial Council shall create uniform policies and procedures to assist
415 magistrates and judges in making pre-trial release decisions that comply with the goals of
416 Subsection 77-20-1(6).
417 (2) The Judicial Council shall ensure that the policies reflect best practices concerning
418 risk assessment and the appropriate use of and reliance on different tools for ensuring that the
419 public safety is protected and the efficient administration of justice is promoted.
420 Section 16. Section 77-20-1.6 is enacted to read:
421 77-20-1.6. Pre-trial release conditions.
422 As used in this title, pre-trial release conditions may include:
423 (1) the posting of monetary bail as defined in Section 77-20-4 in the least amount
424 calculated to guarantee the appearance of an arrestee or defendant as required;
425 (2) an order to not commit a federal, state, or local crime during the period of release;
426 (3) abiding by specified restrictions on personal associations, place of abode, or travel;
427 (4) reporting on a regular basis to pre-trial services or other designated agency;
428 (5) complying with a specified curfew;
429 (6) not using alcohol, or any narcotic drug or other controlled substances except as
430 prescribed by a licensed medical practitioner; and
431 (7) other conditions that are reasonably necessary to ensure the appearance of the
432 defendant as required and to assure the safety of any other person and the community.
433 Section 17. Section 77-20-3 is repealed and reenacted to read:
434 77-20-3. Pre-trial Release -- Modifying conditions of release.
435 (1) The initial order establishing conditions of release or denying bail shall be issued:
436 (a) by a magistrate at the time probable cause is determined; or
437 (b) by the court upon the filing of an information or indictment, if a defendant has not
438 previously been arrested.
439 (2) Subsequent review and modifications shall be conducted in accordance with the
440 Utah Rules of Criminal Procedure.
441 (3) Notwithstanding Section 78A-7-118, an appeal may be taken from an order of any
442 court denying pre-trial release in accordance with the Utah Rules of Appellate Procedure and
443 Utah Rules of Criminal Procedure. The appellate court shall review if the determination is
444 made in accordance with Section 77-20-1.
445 Section 18. Section 77-20-4 is amended to read:
446 77-20-4. Monetary bail to be posted in cash, by credit or debit card, or by written
449 (1) For purposes of this chapter, "monetary bail" means any amount of financial
450 security that a court orders posted to ensure a person's continued appearance at court hearings.
451 (2) Monetary bail may be posted:
452 (a) in cash;
453 (b) by [
455 (c) by credit or debit card, at the discretion of the [
456 custodial authority; or
457 (d) by written undertaking guaranteed by sureties with a net worth of at least twice the
458 amount of the undertaking, exclusive of property exempt from execution.
461 (3) A court may limit a defendant to posting a certain type of monetary bail if the court
462 determines that the restriction is necessary to reasonably guarantee the defendant's appearance
463 or the integrity of the court process.
465 financial institution, shall be tendered to the courts.
467 credit card, or cash. The amount refunded shall be the full amount received by the court under
468 Subsection [
470 credit card, or by debit card, the court may apply the amount posted toward criminal judgement
471 accounts receivable, as defined in Section [
472 defendant in the priority set forth in Section 77-38a-404.
473 (7) If a defendant fails to appear after posting monetary bail in the form of cash or
474 credit card payment in a case for which a personal appearance is not required by the uniform
475 fine schedule or court order, the court may enter a conviction and apply the monetary bail to
476 fines and other penalties. The court shall then close the case.
477 Section 19. Section 77-20-5 is repealed and reenacted to read:
478 77-20-5. Qualifications of sureties -- Justification -- Requirements of undertaking.
479 (1) Each surety described in Subsection 77-20-4(1)(d) shall justify by affidavit upon
480 the undertaking and each may be further examined upon oath by the magistrate or by the
481 prosecuting attorney in the presence of a magistrate, in respect to the surety's property and net
483 (2) The undertaking shall, in addition to other requirements, provide that each surety
484 submit to the jurisdiction of the court and irrevocably appoint the clerk of the court as the
485 surety's agent upon whom any papers affecting the surety's liability on the undertaking may be
486 served, and that the surety's liability may be enforced on motion and upon any notice the court
487 may require without the necessity of an independent action.
488 (3) The sureties shall also comply with Utah Rules of Civil Procedure, Rule 72.
489 Section 20. Section 77-20-7 is amended to read:
490 77-20-7. Duration of liability on undertaking -- Notices to sureties -- Exoneration
491 if charges not filed.
492 (1) (a) Except as provided in Subsection (1)(b), the principal and the sureties on [
493 bail bond or other written undertaking are liable on the bond or undertaking during all
494 proceedings and for all court appearances required of the defendant up to and including the
495 surrender of the defendant for sentencing, irrespective of any contrary provision in the bond or
496 undertaking. Any failure of the defendant to appear when required is a breach of the conditions
497 of the bond or undertaking [
498 20b, Bail Surety, regardless of whether or not notice of appearance was given to the sureties.
499 Upon sentencing, the bond or undertaking shall be exonerated without motion.
500 (b) If the sentence includes a commitment to a jail or prison, the bond or undertaking
501 shall be exonerated when the defendant appears at the appropriate jail or prison, unless the
502 judge doesn't require the defendant to begin the commitment within seven days, in which case
503 the bond or undertaking is exonerated upon sentencing.
504 (c) For purposes of this section, an order of the court accepting a plea in abeyance
505 agreement and holding that plea in abeyance pursuant to Title 77, Chapter 2a, Pleas in
506 Abeyance, is considered to be the same as a sentencing upon a guilty plea.
507 (d) Any suspended or deferred sentencing is not the responsibility of the surety and the
508 bond is exonerated without any motion, upon acceptance of the court and the defendant of a
509 plea in abeyance, probation, fine payments, post sentencing reviews, or any other deferred
510 sentencing reviews or any other deferred sentencing agreement.
511 (e) If a surety issues a bond after [
512 undertaking during all proceedings and for all court appearances required of the defendant up
513 to and including the defendant's appearance to commence serving the sentence imposed under
514 Subsection (1).
523 (2) If no information, indictment, or request to extend time to file by the prosecutor is
524 filed in court within 120 days after the ordered release on conditions, the court shall:
525 (a) relieve a person from the conditions of release;
526 (b) refund as provided in Subsection 77-20-4(5) any monetary bail to the person; and
527 (c) exonerate any bond or undertaking without further order of the court.
528 (3) A request to extend time:
529 (a) shall be served on any surety and the arrested person or the arrested person's
531 (b) shall be granted by the court for a period of up to 60 days; or
532 (c) may be granted for a period of up to 120 days upon a showing of good cause.
533 (4) [
534 prohibit the otherwise proper filing of charges against a person at any time.
537 Section 21. Section 77-20-8 is amended to read:
538 77-20-8. Grounds for detaining or releasing defendant on conviction and prior to
540 (1) Upon conviction[
541 the [
542 until the time for sentencing, unless the court finds by clear and convincing evidence presented
543 by the defendant that the defendant is not likely to flee the jurisdiction of the court, and will not
544 pose a danger to the physical, psychological, or financial and economic safety or well-being of
545 any other person or the community if released.
546 (2) Upon conviction for a misdemeanor, whether by plea or trial, the court may order
547 the defendant be detained until the time for sentencing if the court finds by a preponderance of
548 the evidence that the defendant is likely to flee the jurisdiction of the court, or poses a danger to
549 the physical, psychological, or financial and economic safety or well-being of any other person
550 or the community if released.
552 order the release of the defendant on suitable conditions, which may include the conditions
553 under Subsection 77-20-10(2).
554 Section 22. Section 77-20-8.5 is amended to read:
555 77-20-8.5. Sureties -- Surrender of defendant -- Arrest of defendant.
556 (1) (a) Sureties may at any time prior to a defendant's failure to appear surrender the
557 defendant and obtain exoneration of bail, by notifying the clerk of the court in which the bail
558 was posted of the defendant's surrender and requesting exoneration. Notification shall be made
559 immediately following the surrender by surface mail, electronic mail, or fax.
560 (b) To effect surrender, a certified copy of the surety's undertaking from the court in
561 which it was posted or a copy of the bail agreement with the defendant shall be delivered to the
562 on-duty jailer, who shall detain the defendant in the on-duty jailer's custody as upon a
563 commitment, and shall in writing acknowledge the surrender upon the copy of the undertaking
564 or bail agreement. The certified copy of the undertaking or copy of the bail agreement upon
565 which the acknowledgment of surrender is endorsed shall be filed with the court. The court
566 may then, upon proper application, order the undertaking exonerated and [
567 refund of any paid premium, or part of a premium, as it finds just.
568 (2) For the purpose of surrendering the defendant, the sureties may:
569 (a) arrest the defendant:
570 (i) at any time before the defendant is finally exonerated; and
571 (ii) at any place within the state; and
572 (b) surrender the defendant to any county jail booking facility in Utah.
573 (3) An arrest under this section is not a basis for exoneration of the bond under Section
575 (4) A surety acting under this section is subject to Title 53, Chapter 11, Bail Bond
576 Recovery Act.
577 Section 23. Section 77-20-9 is amended to read:
578 77-20-9. Disposition of forfeitures.
579 If by reason of the neglect of the defendant to appear, money deposited [
580 as a financial condition or money paid by sureties on surety bond is forfeited and the forfeiture
581 is not discharged or remitted, the clerk with whom it is deposited or paid shall, immediately
582 after final adjournment of the court, pay over the money forfeited as follows:
583 (1) the forfeited [
584 distributed as provided in Section 78A-5-110;
585 (2) the forfeited [
586 courts shall be distributed as provided in Sections 78A-7-120 and 78A-7-121;
587 (3) the forfeited [
588 in that court shall be paid into the General Fund; and
589 (4) the forfeited [
590 50% to the state treasurer and the remaining 50% to the county treasurer in the county in which
591 the violation occurred or the forfeited [
592 Section 24. Section 78A-2-220 is amended to read:
593 78A-2-220. Authority of magistrate.
594 (1) Except as otherwise provided by law, a magistrate as defined in Section 77-1-3
595 shall have the authority to:
596 (a) commit a person to incarceration prior to trial;
597 (b) set or deny bail under Section 77-20-1 and release upon the payment of bail and
598 satisfaction of any other conditions of release;
599 (c) issue to any place in the state summonses and warrants of search and arrest and
600 authorize administrative traffic checkpoints under Section 77-23-104;
601 (d) conduct an initial appearance;
602 (e) conduct arraignments;
603 (f) conduct a preliminary examination to determine probable cause;
604 (g) appoint attorneys and order recoupment of attorney fees;
605 (h) order the preparation of presentence investigations and reports;
606 (i) issue temporary orders as provided by rule of the Judicial Council; and
607 (j) perform any other act or function authorized by statute.
608 (2) A judge of the justice court may exercise the authority of a magistrate specified in
609 Subsection (1) with the following limitations:
610 (a) a judge of the justice court may conduct an initial appearance, preliminary
611 examination, or arraignment as provided by rule of the Judicial Council; and
612 (b) a judge of the justice court may not [
613 capital felony [
614 Section 25. Section 78B-6-301 is amended to read:
615 78B-6-301. Acts and omissions constituting contempt.
616 The following acts or omissions in respect to a court or its proceedings are contempts of
617 the authority of the court:
618 (1) disorderly, contemptuous, or insolent behavior toward the judge while holding the
619 court, tending to interrupt the course of a trial or other judicial proceeding;
620 (2) breach of the peace, boisterous conduct or violent disturbance, tending to interrupt
621 the due course of a trial or other judicial proceeding;
622 (3) misbehavior in office, or other willful neglect or violation of duty by an attorney,
623 counsel, clerk, sheriff, or other person appointed or elected to perform a judicial or ministerial
625 (4) deceit, or abuse of the process or proceedings of the court, by a party to an action or
626 special proceeding;
627 (5) disobedience of any lawful judgment, order or process of the court;
628 (6) acting as an officer, attorney or counselor, of a court without authority;
629 (7) rescuing any person or property that is in the custody of an officer by virtue of an
630 order or process of the court;
631 (8) unlawfully detaining a witness or party to an action while going to, remaining at, or
632 returning from, the court where the action is on the calendar for trial;
633 (9) any other unlawful interference with the process or proceedings of a court;
634 (10) disobedience of a subpoena duly served, or refusing to be sworn or to answer as a
636 (11) when summoned as a juror in a court, neglecting to attend or serve, or improperly
637 conversing with a party to an action to be tried at the court, or with any other person,
638 concerning the merits of an action, or receiving a communication from a party or other person
639 in respect to it, without immediately disclosing the communication to the court; [
640 (12) willfully failing to appear before a court pursuant to a citation issued under the
641 provisions of Section 77-7-18; and
643 judgment, order or process of a superior court, or proceeding in an action or special proceeding
644 contrary to law, after the action or special proceeding is removed from the jurisdiction of the
645 inferior tribunal, magistrate or officer. Disobedience of the lawful orders or process of a
646 judicial officer is also a contempt of the authority of the officer.
647 Section 26. Repealer.
648 This bill repeals:
649 Section 10-3-920, Bail commissioner -- Powers and duties.
650 Section 10-3-921, Fines -- Collection by bail commissioner -- Disposition.
651 Section 10-3-922, Term of bail commissioners -- Salary -- Bond and oath.
652 Section 17-32-1, Powers and duties of bail commissioners.
653 Section 17-32-2, Collection of fines by bail commissioners -- Disposition.
654 Section 17-32-3, Term of bail commissioners -- No additional compensation --
655 Bond and oath.
656 Section 17-32-4, Oaths and bonds to be filed.
657 Section 77-7-24, Notice to appear in court -- Contents -- Promise to comply --
658 Signing -- Release from custody -- Official misconduct.
659 Section 77-7-25, Keeping of records -- Making and forwarding of abstract upon
660 conviction or forfeiture of bail -- Form and contents -- Official misconduct.
661 Section 77-7-26, Improper disposition or cancellation of notice to appear or traffic
662 citation -- Official misconduct -- Misdemeanor.
Legislative Review Note
Office of Legislative Research and General Counsel