1     
CRIMINAL INFORMATION AMENDMENTS

2     
2019 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Paul Ray

5     
Senate Sponsor: Daniel W. Thatcher

6     

7     LONG TITLE
8     General Description:
9          This bill requires the Bureau of Criminal Identification to submit the record for all
10     nonextraditable warrants for violent felonies to the National Crime Information Center.
11     Highlighted Provisions:
12          This bill:
13          ▸     requires the Bureau of Criminal Identification to submit the record for all
14     nonextraditable warrants for violent felonies to the National Crime Information
15     Center;
16          ▸     requires local law enforcement agencies to determine the extraditability status of
17     warrants; and
18          ▸     requires the court to report any changes to the status of a warrant to the Bureau of
19     Criminal Identification.
20     Money Appropriated in this Bill:
21          None
22     Other Special Clauses:
23          This bill provides a special effective date.
24     Utah Code Sections Affected:
25     AMENDS:
26          77-7-5, as last amended by Laws of Utah 2016, Chapter 162
27     ENACTS:
28          53-10-213, Utah Code Annotated 1953
29     


30     Be it enacted by the Legislature of the state of Utah:
31          Section 1. Section 53-10-213 is enacted to read:
32          53-10-213. Reporting requirements.
33          The bureau shall submit a record received pursuant to Section 53-10-208.1 for all
34     nonextraditable warrants issued for violent felonies as defined in Section 76-3-203.5 and all
35     nonextraditable warrants issued for knowingly failing to register for a sexual offense pursuant
36     to Section 77-41-107 to the National Crime Information Center within 48 hours of receipt,
37     excluding Saturdays, Sundays, and legal holidays.
38          Section 2. Section 77-7-5 is amended to read:
39          77-7-5. Issuance of summons or warrant -- Time and place arrests may be made
40     -- Contents of warrant or summons -- Responsibility for transporting prisoners -- Court
41     clerk to dispense restitution for transportation.
42          (1) A magistrate may issue a warrant for arrest in lieu of a summons for the appearance
43     of the accused only upon finding:
44          (a) probable cause to believe that the person to be arrested has committed a public
45     offense; and
46          (b) under the Utah Rules of Criminal Procedure, and this section that a warrant is
47     necessary to:
48          (i) prevent risk of injury to a person or property;
49          (ii) secure the appearance of the accused; or
50          (iii) protect the public safety and welfare of the community or an individual.
51          (2) If the offense charged is:
52          (a) a felony, the arrest upon a warrant may be made at any time of the day or night; or
53          (b) a misdemeanor, the arrest upon a warrant can be made at night only if:
54          (i) the magistrate has endorsed authorization to do so on the warrant;
55          (ii) the person to be arrested is upon a public highway, in a public place, or in a place
56     open to or accessible to the public; or
57          (iii) the person to be arrested is encountered by a peace officer in the regular course of

58     that peace officer's investigation of a criminal offense unrelated to the misdemeanor warrant for
59     arrest.
60          (3) For the purpose of Subsection (1):
61          (a) daytime hours are the hours of 6 a.m. to 10 p.m.; and
62          (b) nighttime hours are the hours after 10 p.m. and before 6 a.m.
63          (4) (a) If the magistrate determines that the accused must appear in court, the
64     magistrate shall include in the arrest warrant the name of the law enforcement agency in the
65     county or municipality with jurisdiction over the offense charged.
66          (b) (i) The law enforcement agency identified by the magistrate under Subsection (4)(a)
67     is responsible for providing inter-county transportation of the defendant, if necessary, from the
68     arresting law enforcement agency to the court site.
69          (ii) The law enforcement agency named on the warrant may contract with another law
70     enforcement agency to have a defendant transported.
71          (c) (i) The law enforcement agency identified by the magistrate under Subsection (4)(a)
72     as responsible for transporting the defendant shall provide to the court clerk of the court in
73     which the defendant is tried, an affidavit stating that the defendant was transported, indicating
74     the law enforcement agency responsible for the transportation, and stating the number of miles
75     the defendant was transported.
76          (ii) The court clerk shall account for restitution paid under Subsection 76-3-201(5) for
77     governmental transportation expenses and dispense restitution money collected by the court to
78     the law enforcement agency responsible for the transportation of a convicted defendant.
79          (5) The law enforcement agency identified by the magistrate under Subsection (4)(a)
80     shall indicate to the court within 48 hours of the issuance, excluding Saturdays, Sundays, and
81     legal holidays if a warrant issued pursuant to this section is an extradition warrant.
82          (6) The law enforcement agency identified by the magistrate under Subsection (4)(a)
83     shall report any changes to the status of a warrant issued pursuant to this section to the Bureau
84     of Criminal Identification.
85          Section 3. Effective date.

86          This bill takes effect on January 1, 2020.