S.B. 219 Court Citation Amendments
Bill Sponsor: ![]() Sen. Thatcher, Daniel W. | Floor Sponsor: ![]() Rep. King, Brian S. |
- Drafting Attorney: Ericka A. Evans
- Fiscal Analyst: Brian Wikle
- Bill Text
- Introduced
- Enrolled
(Currently Displayed)
- Introduced
- Related Documents
- Information
- Last Action: 19 Mar 2018, Governor Signed
- Last Location: Lieutenant Governor's office for filing
- Effective Date: 8 May 2018
- Session Law Chapter: 309
- Sections Affected
Enrolled
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S.B. 219
1 COURT CITATION AMENDMENTS
22018 GENERAL SESSION
3STATE OF UTAH
4Chief Sponsor: Daniel W. Thatcher
5House Sponsor: Brian S. King
6
7 LONG TITLE
8 General Description:
9 This bill amends provisions relating to electronic filing of a citation issued for a
10 misdemeanor or infraction charge.
11 Highlighted Provisions:
12 This bill:
13 ▸ provides that a citation issued for a misdemeanor or infraction charge may be filed
14 after five business days if the defendant consents and the interests of justice would
15 be served; and
16 ▸ makes technical changes.
17 Money Appropriated in this Bill:
18 None
19 Other Special Clauses:
20 None
21 Utah Code Sections Affected:
22 AMENDS:
23 77-7-20, as last amended by Laws of Utah 2014, Chapters 126 and 263
24
25 Be it enacted by the Legislature of the state of Utah:
26 Section 1. Section 77-7-20 is amended to read:
27 77-7-20. Service of citation on defendant -- Filing in court -- Electronic filing --
28 Contents of citations.
29 (1) [A] Except as provided in Subsection (4), a peace officer or public official who
30 issues a citation pursuant to Section 77-7-18 shall give the citation to the [person] individual
31 cited and shall within five business days electronically file the data from Subsections (2)(a)
32 through (2)(g) with the court specified in the citation. The data transmission shall use the
33 court's electronic filing interface. A nonconforming filing is not effective.
34 (2) The citation issued under authority of this chapter shall contain the following data:
35 (a) the name of the court before which the [person] individual is to appear;
36 (b) the name of the [person] individual cited;
37 (c) a brief description of the offense charged;
38 (d) the date, time, and place at which the offense is alleged to have occurred;
39 (e) the date on which the citation was issued;
40 (f) the name of the peace officer or public official who issued the citation, and the
41 name of the arresting [person] individual if an arrest was made by a private party and the
42 citation was issued in lieu of taking the arrested [person] individual before a magistrate;
43 (g) the time and date on or before and after which the [person] individual is to appear
44 or a statement that the court will notify the [person] individual of the time to appear;
45 (h) the address of the court in which the [person] individual is to appear;
46 (i) whether the offense is a domestic violence offense; and
47 (j) a notice containing substantially the following language:
48READ CAREFULLY
49 This citation is not an information and will not be used as an information without your
50 consent. If an information is filed you will be provided a copy by the court. You MUST
51 appear in court on or before the time set in this citation or as directed by the court. IF YOU
52 FAIL TO APPEAR, THE COURT MAY ISSUE A WARRANT FOR YOUR ARREST.
53 (3) By electronically filing the data with the court, the peace officer or public official
54 certifies to the court that:
55 (a) the citation or information, including the summons and complaint, was served upon
56 the defendant in accordance with the law;
57 (b) the defendant committed the offense set forth in the served documents; and
58 (c) the court to which the defendant was directed to appear is the proper court pursuant
59 to Section 77-7-21.
60 (4) (a) [Notwithstanding Subsection (1), if] If a citing law enforcement officer is not
61 reasonably able to access the efiling system, the citation need not be filed electronically if being
62 filed with a justice court.
63 (b) The court may accept an electronic filing received after five business days if:
64 (i) the defendant consents to the filing; and
65 (ii) the court finds the interests of justice would be best served by accepting the filing.
2
3
4
5
6
7 LONG TITLE
8 General Description:
9 This bill amends provisions relating to electronic filing of a citation issued for a
10 misdemeanor or infraction charge.
11 Highlighted Provisions:
12 This bill:
13 ▸ provides that a citation issued for a misdemeanor or infraction charge may be filed
14 after five business days if the defendant consents and the interests of justice would
15 be served; and
16 ▸ makes technical changes.
17 Money Appropriated in this Bill:
18 None
19 Other Special Clauses:
20 None
21 Utah Code Sections Affected:
22 AMENDS:
23 77-7-20, as last amended by Laws of Utah 2014, Chapters 126 and 263
24
25 Be it enacted by the Legislature of the state of Utah:
26 Section 1. Section 77-7-20 is amended to read:
27 77-7-20. Service of citation on defendant -- Filing in court -- Electronic filing --
28 Contents of citations.
29 (1) [
30 issues a citation pursuant to Section 77-7-18 shall give the citation to the [
31 cited and shall within five business days electronically file the data from Subsections (2)(a)
32 through (2)(g) with the court specified in the citation. The data transmission shall use the
33 court's electronic filing interface. A nonconforming filing is not effective.
34 (2) The citation issued under authority of this chapter shall contain the following data:
35 (a) the name of the court before which the [
36 (b) the name of the [
37 (c) a brief description of the offense charged;
38 (d) the date, time, and place at which the offense is alleged to have occurred;
39 (e) the date on which the citation was issued;
40 (f) the name of the peace officer or public official who issued the citation, and the
41 name of the arresting [
42 citation was issued in lieu of taking the arrested [
43 (g) the time and date on or before and after which the [
44 or a statement that the court will notify the [
45 (h) the address of the court in which the [
46 (i) whether the offense is a domestic violence offense; and
47 (j) a notice containing substantially the following language:
48
49 This citation is not an information and will not be used as an information without your
50 consent. If an information is filed you will be provided a copy by the court. You MUST
51 appear in court on or before the time set in this citation or as directed by the court. IF YOU
52 FAIL TO APPEAR, THE COURT MAY ISSUE A WARRANT FOR YOUR ARREST.
53 (3) By electronically filing the data with the court, the peace officer or public official
54 certifies to the court that:
55 (a) the citation or information, including the summons and complaint, was served upon
56 the defendant in accordance with the law;
57 (b) the defendant committed the offense set forth in the served documents; and
58 (c) the court to which the defendant was directed to appear is the proper court pursuant
59 to Section 77-7-21.
60 (4) (a) [
61 reasonably able to access the efiling system, the citation need not be filed electronically if being
62 filed with a justice court.
63 (b) The court may accept an electronic filing received after five business days if:
64 (i) the defendant consents to the filing; and
65 (ii) the court finds the interests of justice would be best served by accepting the filing.
Bill Status / Votes
• Senate Actions • House Actions • Fiscal Actions • Other Actions
Date | Action | Location | Vote |
2/21/2018 | Bill Numbered but not Distributed | Legislative Research and General Counsel | |
2/21/2018 | Numbered Bill Publicly Distributed | Legislative Research and General Counsel | |
2/21/2018 | LFA/ bill sent to agencies for fiscal input | Legislative Research and General Counsel | |
2/22/2018 | Senate/ received bill from Legislative Research | Waiting for Introduction in the Senate | |
2/22/2018 | Senate/ 1st reading (Introduced) | Senate Rules Committee | |
2/22/2018 | Senate/ to standing committee | Senate Judiciary, Law Enforcement, and Criminal Justice Committee | |
2/25/2018 | LFA/ fiscal note publicly available | Senate Judiciary, Law Enforcement, and Criminal Justice Committee | |
2/26/2018 | Senate/ received fiscal note from Fiscal Analyst | Senate Judiciary, Law Enforcement, and Criminal Justice Committee | |
2/26/2018 | Senate Comm - Favorable Recommendation | Senate Judiciary, Law Enforcement, and Criminal Justice Committee | 4 0 3 |
2/27/2018 (10:22:31 AM) | Senate/ committee report favorable | Senate Judiciary, Law Enforcement, and Criminal Justice Committee | |
2/27/2018 (10:22:32 AM) | Senate/ placed on 2nd Reading Calendar | Senate 2nd Reading Calendar | |
3/1/2018 (2:35:31 PM) | Senate/ 2nd reading | Senate 2nd Reading Calendar | |
3/1/2018 (2:35:40 PM) | Senate/ circled | Senate 2nd Reading Calendar | Voice vote |
3/2/2018 (3:57:34 PM) | Senate/ uncircled | Senate 2nd Reading Calendar | Voice vote |
3/2/2018 (3:59:59 PM) | Senate/ passed 2nd reading | Senate 3rd Reading Calendar | 25 0 4 |
3/5/2018 (2:46:03 PM) | Senate/ 3rd reading | Senate 3rd Reading Calendar | |
3/5/2018 (2:48:54 PM) | Senate/ passed 3rd reading | Clerk of the House | 25 0 4 |
3/5/2018 (2:48:55 PM) | Senate/ to House | Clerk of the House | |
3/5/2018 | House/ received from Senate | Clerk of the House | |
3/5/2018 | House/ 1st reading (Introduced) | House Rules Committee | |
3/8/2018 | House/ Rules to 3rd Reading Calendar | House 3rd Reading Calendar for Senate bills | |
3/8/2018 | House/ 2nd suspended | House 3rd Reading Calendar for Senate bills | |
3/8/2018 (11:40:55 PM) | House/ 3rd reading | House 3rd Reading Calendar for Senate bills | |
3/8/2018 (11:42:19 PM) | House/ passed 3rd reading | House Speaker | 66 0 9 |
3/8/2018 (11:42:20 PM) | House/ signed by Speaker/ returned to Senate | Senate President | |
3/8/2018 (11:42:21 PM) | House/ to Senate | Senate President | |
3/9/2018 | Senate/ received from House | Senate President | |
3/9/2018 | Senate/ signed by President/ sent for enrolling | Legislative Research and General Counsel / Enrolling | |
3/14/2018 | Bill Received from Senate for Enrolling | Legislative Research and General Counsel / Enrolling | |
3/14/2018 | Draft of Enrolled Bill Prepared | Legislative Research and General Counsel / Enrolling | |
3/15/2018 | Enrolled Bill Returned to House or Senate | Senate Secretary | |
3/15/2018 | Senate/ enrolled bill to Printing | Senate Secretary | |
3/16/2018 | Senate/ received enrolled bill from Printing | Senate Secretary | |
3/16/2018 | Senate/ to Governor | Executive Branch - Governor | |
3/19/2018 | Governor Signed | Lieutenant Governor's office for filing |
Committee Hearings/Floor Debate
- Committee Hearings
- Floor Debates