1     
BAIL AND PRETRIAL RELEASE AMENDMENTS

2     
2020 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Stephanie Pitcher

5     
Senate Sponsor: Todd Weiler

6     Eric K. Hutchings


7     

8     LONG TITLE
9     General Description:
10          This bill makes changes to provisions relating to bail.
11     Highlighted Provisions:
12          This bill:
13          ▸     defines terms;
14          ▸     provides procedural changes related to law enforcement issued citations;
15          ▸     creates a presumption of release for individuals arrested for certain criminal
16     offenses while the individual awaits trial;
17          ▸     provides that a person who is eligible for pretrial release shall be released under the
18     least restrictive reasonably available conditions to ensure the appearance of the
19     accused and the safety to the public;
20          ▸     provides standards and guidance for imposition of pretrial release conditions and
21     pretrial detention;
22          ▸     creates a presumption of pretrial detention for certain criminal offenses;
23          ▸     specifies the conditions under which a defendant may be denied pretrial release;
24          ▸     specifies pretrial release conditions that may be ordered by the court;
25          ▸     provides reporting requirements related to individuals released from law
26     enforcement custody on various conditions;
27          ▸     reduces the time allowance for bond forfeiture;
28          ▸     creates a special revenue fund to fund pretrial services programs with money
29     obtained from bond forfeiture proceedings; and
30          ▸     makes technical and conforming changes.
31     Money Appropriated in this Bill:
32          None
33     Other Special Clauses:
34          This bill provides a special effective date.
35     Utah Code Sections Affected:
36     AMENDS:
37          77-7-19, as last amended by Laws of Utah 2009, Chapter 292
38          77-7-20, as last amended by Laws of Utah 2018, Chapter 309
39          77-7-21, as last amended by Laws of Utah 2009, Chapter 292
40          77-17-8, as last amended by Laws of Utah 1988, Second Special Session, Chapter 4
41          77-18a-1, as last amended by Laws of Utah 2016, Chapter 234
42          77-20-1, as last amended by Laws of Utah 2019, Chapters 184 and 397
43          77-20-4, as last amended by Laws of Utah 2019, Chapter 397
44          77-20-7, as last amended by Laws of Utah 2016, Chapter 234
45          77-20-8, as last amended by Laws of Utah 1988, Chapter 160
46          77-20-8.5, as last amended by Laws of Utah 2016, Chapter 234
47          77-20-9, as last amended by Laws of Utah 2018, Chapter 281
48          77-20-10, as last amended by Laws of Utah 2016, Chapter 234
49          77-20b-101, as last amended by Laws of Utah 2016, Chapter 234
50          77-20b-102, as last amended by Laws of Utah 2016, Chapter 234
51          77-20b-104, as last amended by Laws of Utah 2016, Chapter 234
52          78A-2-220, as last amended by Laws of Utah 2013, Chapter 245
53     ENACTS:
54          63M-7-213, Utah Code Annotated 1953
55          77-20-1.1, Utah Code Annotated 1953
56     REPEALS:
57          77-20-3, as last amended by Laws of Utah 2016, Chapter 234
58     

59     Be it enacted by the Legislature of the state of Utah:
60          Section 1. Section 63M-7-213 is enacted to read:
61          63M-7-213. Pretrial release programs special revenue fund -- Funding -- Uses.
62          (1) As used in this section:
63          (a) "Commission" means the Commission on Criminal and Juvenile Justice created in
64     Section 63M-7-201.
65          (b) "Fund" means the Pretrial Release Programs Special Revenue Fund created in this
66     section.
67          (2) There is created an expendable special revenue fund known as the "Pretrial Release
68     Programs Special Revenue Fund."
69          (3) The Division of Finance shall administer the fund in accordance with this section.
70          (4) The fund shall consist of:
71          (a) money collected and remitted to the fund under Section 77-20-9;
72          (b) appropriations from the Legislature;
73          (c) interest earned on money in the fund; and
74          (d) contributions from other public or private sources.
75          (5) The commission shall award grants from the fund to county agencies and other
76     agencies the commission determines appropriate to assist counties with establishing and
77     expanding pretrial services programs that serve the purpose of:
78          (a) assisting a court in making an informed decision regarding an individual's pretrial
79     release; and
80          (b) providing supervision of an individual released from law enforcement custody on
81     conditions pending a final determination of a criminal charge filed against the individual.
82          (6) The commission may retain up to 3% of the money deposited into the fund to pay
83     for administrative costs incurred by the commission, including salary and benefits, equipment,
84     supplies, or travel costs that are directly related to the administration of this section.
85          (7) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
86     commission shall establish a grant application and review process for the expenditure of money
87     from the fund.
88          (8) The grant application and review process shall describe:
89          (a) the requirements to complete the grant application;
90          (b) requirements for receiving funding;
91          (c) criteria for the approval of a grant application; and
92          (d) support offered by the commission to complete a grant application.
93          (9) Upon receipt of a grant application, the commission shall:
94          (a) review the grant application for completeness;
95          (b) make a determination regarding the grant application;
96          (c) inform the grant applicant of the commission's determination regarding the grant
97     application; and
98          (d) if approved, award grants from the fund to the grant applicant.
99          (10) Before November 30 of each year, the commission shall provide an electronic
100     report to the Law Enforcement and Criminal Justice Interim Committee regarding the status of
101     the fund and expenditures made from the fund.
102          Section 2. Section 77-7-19 is amended to read:
103          77-7-19. Appearance required by citation -- Arrest for failure to appear --
104     Transfer of cases -- Disposition of fines and costs.
105          (1) [A person] An individual receiving a citation issued pursuant to Section 77-7-18
106     shall appear [before the magistrate] in the court designated in the citation on or before the time
107     and date specified in the citation unless [the uniform bail schedule adopted by the Judicial
108     Council or Subsection 77-7-21(1) permits forfeiture of bail for the offense charged.]:
109          (a) the citation states that the court will, within five to 14 days, notify the individual of
110     when to appear; or
111          (b) the individual is permitted to remit the fine and other penalties without a personal
112     appearance in accordance with a uniform fine schedule adopted by the Judicial Council or by
113     court order under Section 77-7-21.
114          (2) A citation may not require [a person] an individual to appear or contact the court
115     sooner than five days or later than 14 days following its issuance.
116          [(3) (a) A person who receives a citation and who fails to comply with Section 77-7-21
117     on or before the time and date and at the court specified is subject to arrest.]
118          [(b) The magistrate may issue a warrant of arrest based upon a citation that was served
119     and filed in accordance with Section 77-7-20.]
120          [(4) Except where otherwise provided by law, a citation or information issued for
121     violations of Title 41, Motor Vehicles, shall state that the person receiving the citation or
122     information shall appear before the magistrate who has jurisdiction over the offense charged.]
123          [(5) Any justice court judge may, upon the motion of either the defense attorney or
124     prosecuting attorney, based on a lack of territorial jurisdiction or the disqualification of the
125     judge, transfer cases to a justice court with territorial jurisdiction or the district court within the
126     county.]
127          (3) If the individual cited does not appear before the court as directed by the citation or
128     the court, or pay the fine as allowed by Section 77-7-21, the court may issue a bench warrant
129     for the individual's arrest.
130          [(6)] (4) (a) Clerks and other administrative personnel serving the courts shall [ensure
131     that all citations for violation of Title 41, Motor Vehicles, are filed in a court with jurisdiction
132     and venue and shall refuse to receive citations that should be filed in another court] identify for
133     the judge any citations over which the court may lack jurisdiction.
134          [(b) Fines, fees, costs, and forfeitures imposed or collected for violations of Title 41,
135     Motor Vehicles, which are filed contrary to this section shall be paid to the entitled
136     municipality or county by the state, county, or municipal treasurer who has received the fines,
137     fees, costs, or forfeitures from the court which collected them.]
138          [(c) The accounting and remitting of sums due shall be at the close of the fiscal year of
139     the municipality or county which has received fines, fees, costs, or forfeitures as a result of any
140     improperly filed citations.]
141          (b) Upon determining that the court lacks jurisdiction over a citation, the court shall:
142          (i) transfer the case to a court with jurisdiction;
143          (ii) if the court cannot readily identify a court with jurisdiction, dismiss the charges
144     contained in the citation; and
145          (iii) notify the prosecutor of the transfer or dismissal.
146          (c) Any fine, fee, or forfeiture collected by a court that lacks jurisdiction shall be:
147          (i) transferred to the court receiving the case; or
148          (ii) if the case is dismissed, returned to the defendant.
149          Section 3. Section 77-7-20 is amended to read:
150          77-7-20. Service of citation on defendant -- Filing in court -- Electronic filing --
151     Contents of citations.
152          (1) Except as provided in Subsection (4), a peace officer or [public] other authorized
153     official who issues a citation pursuant to Section 77-7-18 shall give the citation to the
154     individual cited and shall, within five business days, electronically file the data from
155     Subsections (2)(a) through (2)[(g)](h) with the court specified in the citation. The data
156     transmission shall use the court's electronic filing interface. A nonconforming filing is not
157     effective.
158          (2) The citation issued under authority of this chapter shall contain the following data:
159          (a) the name, address, and phone number of the court before which the individual is to
160     appear;
161          (b) the name and date of birth of the individual cited;
162          (c) a brief description of the offense charged;
163          (d) the date, time, and place at which the offense is alleged to have occurred;
164          (e) the date on which the citation was issued;
165          (f) the name of the peace officer or [public] official who issued the citation, and the
166     name of the arresting individual if [an arrest was made by a private party] a private party made
167     the arrest and the citation was issued in lieu of taking the arrested individual before a
168     magistrate;
169          (g) the [time and] date on or [before and after] date range during which the individual
170     is to appear or a statement that the court will notify the individual of the time to appear;
171          [(h) the address of the court in which the individual is to appear;]
172          [(i)] (h) whether the offense is a domestic violence offense; and
173          [(j)] (i) a notice containing substantially the following language:
174     
READ CAREFULLY

175          This citation is not an information and will not be used as an information without your
176     consent. If an information is filed you will be provided a copy by the court. You MUST
177     appear in court on or before the time set in this citation or as directed by the court. IF YOU
178     FAIL TO APPEAR, THE COURT MAY ISSUE A WARRANT FOR YOUR ARREST.
179          (3) By electronically filing the data with the court, the peace officer or [public] official
180     [certifies] affirms to the court that:
181          (a) the citation or information, including the summons and complaint, was [served
182     upon] delivered to the defendant [in accordance with the law];
183          (b) the defendant committed the offense set forth in the [served documents] citation;
184     and
185          (c) the court to which the defendant was directed to appear [is the proper court pursuant
186     to Section 77-7-21] has jurisdiction over the offense charged.
187          (4) (a) If a citing law enforcement officer is not reasonably able to access the efiling
188     system, the citation need not be filed electronically if being filed with a justice court.
189          (b) The court may accept an electronic filing received after five business days if:
190          (i) the defendant consents to the filing; and
191          (ii) the court finds the interests of justice would be best served by accepting the filing.
192          Section 4. Section 77-7-21 is amended to read:
193          77-7-21. Proceeding on citation -- Voluntary forfeiture of bail -- Parent signature
194     required -- Information, when required.
195          (1) (a) [A copy of the citation issued under Section 77-7-18 that is filed with the
196     magistrate] A citation filed with the court may [be used], with the consent of the defendant,
197     serve in lieu of an information to which the [person cited] defendant may plead guilty or no
198     contest to the charge or charges listed and be sentenced [or on which bail may be forfeited]
199     accordingly.
200          [(b) With the magistrate's approval, a person may voluntarily forfeit bail without
201     appearance being required in any case of a class B misdemeanor or less.]
202          [(c) Voluntary forfeiture of bail shall be entered as a conviction and treated the same as
203     if the accused pleaded guilty.]
204          (b) If provided by the uniform fine schedule described in Section 76-3-301.5, an
205     individual may remit the fine and other penalties without a personal appearance before the
206     court in any case charging a class B misdemeanor or lower offense, unless the charge is:
207          (i) a domestic violence offense as defined in Section 77-36-1;
208          (ii) a violation of Section 41-6a-502, driving under the influence of alcohol, drugs, or a
209     combination of both or with specified or unsafe blood alcohol concentration;
210          (iii) a violation of Section 41-6a-517, driving with any measurable controlled substance
211     in the body;
212          (iv) a violation of a local ordinance similar to the offenses described in Subsections
213     (1)(b)(i) through (iii); or
214          (v) a violation that appears to:
215          (A) affect a victim, as defined in Section 77-38a-102; or
216          (B) require restitution, as defined in Section 77-38a-102.
217          (c) The remittal of fines and other penalties shall be entered as a conviction and treated
218     the same as if the accused pleaded no contest.
219          (d) If the person cited is under 18 years of age, [and if any of the charges allege a
220     violation of Title 41, Motor Vehicles,] the court shall promptly mail a copy or notice of the
221     citation [or a notice of the citation] to the address as shown on the citation, to the attention of
222     the parent or guardian of the defendant.
223          (2) [An information shall be filed and] If the individual pleads not guilty to the offense
224     charged, further proceedings shall be held in accordance with the Rules of Criminal Procedure
225     and all other applicable provisions of this code [if the person cited pleads not guilty to the
226     offense charged].
227          [(3) (a) The information is an original pleading.]
228          [(b) If a person cited waives by written agreement the filing of the information, the
229     prosecution may proceed on the citation.]
230          Section 5. Section 77-17-8 is amended to read:
231          77-17-8. Mistake in charging offense -- Procedure -- Witnesses.
232          If, at any time before verdict or judgment, a mistake [has been] is made in charging the
233     proper offense, and [it appears that] there is probable cause to believe that the defendant is
234     chargeable with another offense, the court may commit [him or require him to give bail under
235     Section 77-20-1 for his appearance to answer to the proper charge when filed, and may also
236     require witnesses to give bail for their appearance] the defendant or require the defendant to
237     comply with one or more pretrial release conditions in accordance with Section 77-20-1 to
238     ensure the defendant's appearance in court.
239          Section 6. Section 77-18a-1 is amended to read:
240          77-18a-1. Appeals -- When proper.
241          (1) A defendant may, as a matter of right, appeal from:
242          (a) a final judgment of conviction, whether by verdict or plea;
243          (b) an order made after judgment that affects the substantial rights of the defendant;
244          (c) an order adjudicating the defendant's competency to proceed further in a pending
245     prosecution; or
246          (d) an order denying bail, as provided in [Subsection 77-20-1(8)] Section 77-20-1.
247          (2) In addition to any appeal permitted by Subsection (1), a defendant may seek
248     discretionary appellate review of any interlocutory order.
249          (3) The prosecution may, as a matter of right, appeal from:
250          (a) a final judgment of dismissal, including a dismissal of a felony information
251     following a refusal to bind the defendant over for trial;
252          (b) a pretrial order dismissing a charge on the ground that the court's suppression of
253     evidence has substantially impaired the prosecution's case;
254          (c) an order granting a motion to withdraw a plea of guilty or no contest;
255          (d) an order arresting judgment or granting a motion for merger;
256          (e) an order terminating the prosecution because of a finding of double jeopardy or
257     denial of a speedy trial;
258          (f) an order granting a new trial;
259          (g) an order holding a statute or any part of it invalid;
260          (h) an order adjudicating the defendant's competency to proceed further in a pending
261     prosecution;
262          (i) an order finding, pursuant to Title 77, Chapter 19, Part 2, Competency for
263     Execution, that an inmate sentenced to death is incompetent to be executed;
264          (j) an order reducing the degree of offense pursuant to Section 76-3-402; or
265          (k) an illegal sentence.
266          (4) In addition to any appeal permitted by Subsection (3), the prosecution may seek
267     discretionary appellate review of any interlocutory order entered before jeopardy attaches.
268          Section 7. Section 77-20-1 is amended to read:
269          77-20-1. Right to bail -- Pretrial status order -- Denial of bail -- Detention hearing
270     -- Motion to modify.
271          (1) As used in this chapter:
272          (a) "Bail bond agency" means the same as that term is defined in Section 31A-35-102.
273          (b) "Financial condition" or "monetary bail" means any monetary condition that may be
274     imposed under Section 77-20-4 to secure an individual's pretrial release.
275          (c) "Pretrial release" or "bail" means release of an individual charged with or arrested
276     for a criminal offense from law enforcement or judicial custody during the time the individual
277     awaits trial or other resolution of the criminal charges.
278          (d) "Pretrial status order" means an order issued by the court exercising jurisdiction
279     over an individual charged with a criminal offense that sets the terms and conditions of the
280     individual's pretrial release or denies pretrial release and orders that the individual be detained
281     pending resolution of the criminal charges.
282          [(b)] (e) "Surety" and "sureties" mean a surety insurer or a bail bond agency.
283          [(c)] (f) "Surety insurer" means the same as that term is defined in Section 31A-35-102.
284          (2) An individual charged with or arrested for a criminal offense shall be admitted to
285     bail as a matter of right, except if the individual is charged with a:
286          (a) capital felony, when the court finds there is substantial evidence to support the
287     charge;
288          (b) felony committed while on probation or parole, or while free on bail awaiting trial
289     on a previous felony charge, when the court finds there is substantial evidence to support the
290     current felony charge;
291          (c) felony when there is substantial evidence to support the charge and the court finds
292     by clear and convincing evidence that the individual would constitute a substantial danger to
293     any other individual or to the community, or is likely to flee the jurisdiction of the court, if
294     released on bail;
295          (d) felony when the court finds there is substantial evidence to support the charge and it
296     finds by clear and convincing evidence that the individual violated a material condition of
297     release while previously on bail; or
298          (e) domestic violence offense if the court finds:
299          (i) that there is substantial evidence to support the charge; and
300          (ii) by clear and convincing evidence, that the individual would constitute a substantial
301     danger to an alleged victim of domestic violence if released on bail.
302          [(3) Any individual who may be admitted to bail may be released by posting bail in the
303     form and manner provided in Section 77-20-4, or on the individual's own recognizance, on
304     condition that the individual appear in court for future court proceedings in the case, and on any
305     other conditions imposed in the discretion of the magistrate or court that will reasonably:]
306          [(a) ensure the appearance of the accused;]
307          [(b) ensure the integrity of the court process;]
308          [(c) prevent direct or indirect contact with witnesses or victims by the accused, if
309     appropriate; and]
310          [(d) ensure the safety of the public.]
311          (3) (a) A court exercising jurisdiction over an individual charged with or arrested for a
312     criminal offense shall issue a pretrial status order designating the conditions to be imposed
313     upon the individual's release or ordering that the individual be detained under this section
314     during the time the individual awaits trial or other resolution of the criminal charges.
315          (b) A court granting pretrial release shall impose the least restrictive reasonably
316     available conditions of release on the individual who is the subject of the pretrial status order
317     that the court determines will reasonably ensure:
318          (i) the individual's appearance in court when required;
319          (ii) the safety of any witnesses or victims of the offense allegedly committed by the
320     individual;
321          (iii) the safety and welfare of the public; and
322          (iv) that the individual will not obstruct or attempt to obstruct the criminal justice
323     process.
324          (c) (i) The court shall issue the pretrial status order without unnecessary delay.
325          (ii) If a prosecutor files a motion for detention under Subsection (6), the court may
326     delay issuing the pretrial status order until after hearing the motion to detain if the court finds:
327          (A) the prosecutor's motion states a reasonable case for detention; and
328          (B) detaining the defendant until after the motion is heard is in the interests of justice
329     and public safety.
330          (4) (a) Except as otherwise provided in this section or Section 77-20-3.5, the court
331     shall order that an individual charged with a criminal offense be released on the individual's
332     own recognizance, on condition that the individual appear at all required court proceedings, if
333     the court finds that additional conditions are not necessary to reasonably ensure compliance
334     with Subsection (3)(b).
335          (b) The court shall impose additional release conditions if the court finds that
336     additional release conditions are necessary to reasonably ensure compliance with Subsection
337     (3)(b). The conditions imposed may include that the individual:
338          (i) not commit a federal, state, or local offense during the period of release;
339          (ii) avoid contact with a victim or victims of the alleged offense;
340          (iii) avoid contact with a witness or witnesses who may testify concerning the alleged
341     offense that are named in the pretrial status order;
342          (iv) not use or consume alcohol, or any narcotic drug or other controlled substance
343     except as prescribed by a licensed medical practitioner;
344          (v) submit to drug or alcohol testing;
345          (vi) complete a substance abuse evaluation and comply with any recommended
346     treatment or release program;
347          (vii) submit to electronic monitoring or location device tracking;
348          (viii) participate in inpatient or outpatient medical, behavioral, psychological, or
349     psychiatric treatment;
350          (ix) maintain employment, or if unemployed, actively seek employment;
351          (x) maintain or commence an education program;
352          (xi) comply with limitations on where the individual is allowed to be located or the
353     times the individual shall be or may not be at a specified location;
354          (xii) comply with specified restrictions on personal associations, place of residence, or
355     travel;
356          (xiii) report to a law enforcement agency, pretrial services program, or other designated
357     agency at a specified frequency or on specified dates;
358          (xiv) comply with a specified curfew;
359          (xv) forfeit or refrain from possession of a firearm or other dangerous weapon;
360          (xvi) if the individual is charged with an offense against a child, is limited or denied
361     access to any location or occupation where children are, including any residence where children
362     are on the premises, activities including organized activities in which children are involved,
363     locations where children congregate, or where a reasonable person should know that children
364     congregate;
365          (xvii) comply with requirements for house arrest;
366          (xviii) return to custody for a specified period of time following release for
367     employment, schooling, or other limited purposes;
368          (xix) remain in the custody of one or more designated individuals who agree to
369     supervise and report on the behavior and activities of the individual charged and to encourage
370     compliance with all court orders and attendance at all required court proceedings;
371          (xx) comply with a financial condition; or
372          (xxi) comply with any other condition that is necessary to reasonably ensure
373     compliance with Subsection (3)(b).
374          (c) If the court determines a financial condition, other than an unsecured bond, is
375     necessary to impose on an individual as part of the individual's pretrial release, the court shall
376     consider the individual's ability to pay when determining the amount of the financial condition.
377          (5) In making a determination under Subsection (3), the court may rely on the
378     following:
379          (a) any form of pretrial services assessment;
380          (b) the nature and circumstances of the offense or offenses charged, including whether
381     the charges include a violent offense and the vulnerability of witnesses or alleged victims;
382          (c) the nature and circumstances of the individual, including the individual's character,
383     physical and mental health, family and community ties, employment status and history,
384     financial resources, past criminal conduct, history of drug or alcohol abuse, and history of
385     timely appearances at required court proceedings;
386          (d) the potential danger to another individual or individuals posed by the release of the
387     individual;
388          (e) if the individual was on probation, parole, or release pending an upcoming court
389     proceeding at the time the individual allegedly committed the offense;
390          (f) the availability of other individuals who agree to assist the individual in attending
391     court when required or other evidence relevant to the individual's opportunities for supervision
392     in the individual's community;
393          (g) the eligibility and willingness of the individual to participate in various treatment
394     programs, including drug treatment; or
395          (h) other evidence relevant to the individual's likelihood of fleeing or violating the law
396     if released.
397          (6) (a) If the criminal charges filed against the individual include one or more offenses
398     eligible for detention under Subsection (2) or Utah Constitution, Article I, Section 8, the
399     prosecution may file a motion for pretrial detention.
400          (b) Upon receiving a motion under Subsection (6)(a), the court shall set a hearing on
401     the matter as soon as practicable.
402          (c) The individual who is the subject of the detention hearing has the right to be
403     represented by counsel at the pretrial detention hearing and, if a court finds the individual is
404     indigent under Section 78B-22-202, the court shall appoint counsel to represent the individual
405     in accordance with Section 78B-22-203.
406          (d) The court shall give both parties the opportunity to make arguments and to present
407     relevant evidence at the detention hearing.
408          (7) After hearing evidence on a motion for pretrial detention, the court may detain the
409     individual if:
410          (a) the individual is accused of committing an offense that qualifies the individual for
411     detention under Subsection (2) or Utah Constitution, Article I, Section 8;
412          (b) the prosecution demonstrates substantial evidence to support the charge, and meets
413     all additional evidentiary burdens required under Subsection (2) or Utah Constitution, Article I,
414     Section 8; and
415          (c) the court finds that no conditions that may be imposed upon granting the individual
416     pretrial release will reasonably ensure compliance with Subsection (3)(b).
417          (8) (a) If an individual is charged with a criminal offense described in Subsection
418     (8)(b), there is a rebuttable presumption that the individual be detained.
419          (b) Criminal charges that create a rebuttable presumption of detention under
420     Subsection (8)(a) include:
421          (i) criminal homicide as defined in Section 75-5-201; and
422          (ii) any offense for which the term of imprisonment may include life.
423          (c) The individual may rebut the presumption of detention by demonstrating, by a
424     preponderance of the evidence, that specified conditions of release will reasonably ensure
425     compliance with Subsection (3)(b).
426          [(4) (a)] (9) Except as otherwise provided, the court issuing a pretrial warrant of arrest
427     shall issue the initial pretrial status order [denying or fixing the amount of bail shall be issued
428     by the magistrate or court issuing the warrant of arrest].
429          [(b) A magistrate may set bail upon determining that there was probable cause for a
430     warrantless arrest.]
431          [(c) A bail commissioner may set bail in a misdemeanor case in accordance with
432     Sections 10-3-920 and 17-32-1.]
433          [(d)] (10) (a) An individual arrested for a violation of a jail release agreement or jail
434     release court order issued in accordance with Section 77-20-3.5:
435          (i) may not be released before the accused's first judicial appearance; and
436          (ii) may be denied [bail] pretrial release by the court under Subsection (2).
437          [(5) The magistrate or court may rely upon information contained in:]
438          [(a) the indictment or information;]
439          [(b) any sworn probable cause statement;]
440          [(c) information provided by any pretrial services agency; or]
441          [(d) any other reliable record or source.]
442          (b) Nothing in this section precludes or nullifies a jail release agreement or jail release
443     order required under Section 77-20-3.5.
444          [(6)] (11) (a) A motion to modify the initial pretrial status order may be made by a
445     party at any time upon notice to the opposing party sufficient to permit the opposing party to
446     prepare for hearing and to permit [any victim] each alleged victim to be notified and be present.
447          (b) Hearing on a motion to modify a pretrial status order may be held in conjunction
448     with a preliminary hearing or any other pretrial hearing.
449          (c) The [magistrate or] court may rely on information as provided in Subsection (5) and
450     may base its ruling on evidence provided at the hearing so long as each party is provided an
451     opportunity to present additional evidence or information relevant to bail.
452          [(7)] (12) Subsequent motions to modify [bail orders] a pretrial status order may be
453     made only upon a showing that there has been a material change in circumstances.
454          [(8)] (13) An appeal may be taken from an order of [any] a court denying bail to the
455     [Supreme Court] Utah Court of Appeals pursuant to the Utah Rules of Appellate Procedure,
456     which shall review the determination under Subsection [(2)] (7).
457          [(9)] (14) For purposes of this section, any arrest or charge for a violation of Section
458     76-5-202, Aggravated murder, is a capital felony unless:
459          (a) the prosecutor files a notice of intent to not seek the death penalty; or
460          (b) the time for filing a notice to seek the death penalty has expired and the prosecutor
461     has not filed a notice to seek the death penalty.
462          Section 8. Section 77-20-1.1 is enacted to read:
463          77-20-1.1. Pretrial release data requirements.
464          (1) The Administrative Office of the Courts shall submit the following data on
465     individuals for whom the Administrative Office of the Courts has a state identification number
466     broken down by judicial district to the Commission on Criminal and Juvenile Justice before
467     July 1 of each year:
468          (a) for the preceding calendar year:
469          (i) the number of individuals charged with a criminal offense who failed to appear at a
470     required court preceding while on pretrial release, in accordance with Section 77-20-1, under
471     each of the following categories of release:
472          (A) the individual's own recognizance;
473          (B) a financial condition; and
474          (C) a pretrial release condition other than a financial condition;
475          (ii) the number of offenses that carry a potential penalty of incarceration an individual
476     committed while on pretrial release, in accordance with Section 77-20-1, under each of the
477     following categories of release:
478          (A) the individual's own recognizance;
479          (B) a financial condition; and
480          (C) a pretrial release condition other than a financial condition; and
481          (iii) the total amount of fees and fines, including bond forfeiture, collected by the court
482     from an individual for the individual's failure to comply with a condition of pretrial release
483     under each of the following categories of release:
484          (A) an individual's own recognizance;
485          (B) a financial condition; and
486          (C) a pretrial release condition other than a financial condition; and
487          (b) at the end of the preceding calendar year:
488          (i) the total number of outstanding warrants of arrest for individuals who were released
489     from law enforcement custody, in accordance with Section 77-20-1, under each of the
490     following categories of release:
491          (A) the individual's own recognizance;
492          (B) a financial condition; and
493          (C) a pretrial release condition other than a financial condition;
494          (ii) for each of the categories described in Subsection (1)(b)(i), the average length of
495     time that the outstanding warrants had been outstanding; and
496          (iii) for each of the categories described in Subsection (1)(b)(i), the number of
497     outstanding warrants for arrest for crimes of each of the following categories:
498          (A) a first degree felony;
499          (B) a second degree felony;
500          (C) a third degree felony;
501          (D) a class A misdemeanor;
502          (E) a class B misdemeanor; and
503          (F) a class C misdemeanor.
504          (2) Each county jail shall submit the following data, based on the preceding calendar
505     year, to the Commission of Criminal and Juvenile Justice before July 1 of each year:
506          (a) the number of individuals released upon payment of monetary bail before appearing
507     before a court;
508          (b) the number of individuals released on the individual's own recognizance before
509     appearing before a court; and
510          (c) the amount of monetary bail collected by the county jail.
511          (3) The Commission on Criminal and Juvenile Justice shall compile the data collected
512     under this section and shall submit the compiled data in an electronic report to the Law
513     Enforcement and Criminal Justice Interim Committee before November 1 of each year.
514          Section 9. Section 77-20-4 is amended to read:
515          77-20-4. Bail to be posted in cash, by credit or debit card, or by written
516     undertaking -- Specific monetary bail methods.
517          (1) (a) Except as provided in Subsection (2), the judge or magistrate shall set bail at a
518     single amount per case or charge.
519          (b) Subject to Subsection (2), a defendant may choose to post the amount described in
520     Subsection (1)(a) by any of the following methods:
521          (i) in cash;
522          (ii) by written undertaking with sureties;
523          (iii) by written undertaking without sureties, at the discretion of the judge or
524     magistrate; or
525          (iv) by credit or debit card, at the discretion of the judge or bail commissioner.
526          (2) A judge or magistrate may limit a defendant to a specific method of posting
527     monetary bail described in Subsection (1)(b)(i), (ii), (iii), or (iv):
528          (a) if, after charges are filed, the defendant fails to appear in the case on a [bail] bond
529     and the case involves a violent offense;
530          (b) in order to allow the defendant to voluntarily forfeit monetary bail in accordance
531     with Section 77-7-21 and the offense with which the defendant is charged is listed in the shared
532     master offense table as one for which an appearance is not mandatory;
533          (c) if the defendant has failed to respond to a citation or summons and the offense with
534     which the defendant is charged is listed in the shared master offense table as one for which an
535     appearance is not mandatory;
536          (d) if a warrant is issued for the defendant solely for failure to pay a criminal judgment
537     account receivable, as defined in Section 77-32a-101, and the defendant's monetary bail is
538     limited to the amount owed; or
539          (e) if a court has entered a judgment of [bail] bond forfeiture under Section 77-20b-104
540     in any case involving the defendant.
541          (3) [Bail] Monetary bail may not be accepted without receiving in writing at the time
542     the monetary bail is posted the current mailing address, telephone number, and email address of
543     the surety.
544          (4) [Bail posted] Monetary bail paid by debit or credit card, less the fee charged by the
545     financial institution, shall be tendered to the courts.
546          (5) [Bail] Monetary bail refunded by the court may be refunded by credit to the debit or
547     credit card, or cash. The amount refunded shall be the full amount received by the court under
548     Subsection (4), which may be less than the full amount of the monetary bail set by the court.
549          (6) Before refunding monetary bail that is posted by the defendant in cash, by credit
550     card, or by debit card, the court may apply the amount posted toward accounts receivable, as
551     defined in Section 77-32a-101, that are owed by the defendant in the priority set forth in
552     Section 77-38a-404.
553          Section 10. Section 77-20-7 is amended to read:
554          77-20-7. Duration of liability on undertaking -- Notices to sureties -- Exoneration
555     if charges not filed.
556          (1) (a) Except as provided in Subsection (1)(b), the principal and the sureties on [the] a
557     bond or other written undertaking are liable on the bond or other written undertaking during all
558     proceedings and for all court appearances required of the defendant up to and including the
559     surrender of the defendant for sentencing, irrespective of any contrary provision in the bond or
560     other written undertaking. Any failure of the defendant to appear when required is a breach of
561     the conditions of the bond or other written undertaking [or bail] and subjects [it] the bond to
562     forfeiture, regardless of whether or not notice of appearance was given to the sureties. Upon
563     sentencing the [bail] bond or other written undertaking shall be exonerated without motion.
564          (b) If the sentence includes a commitment to a jail or prison, the [bail] bond or other
565     written undertaking shall be exonerated when the defendant appears at the appropriate jail or
566     prison, unless the judge does not require the defendant to begin the commitment within seven
567     days, in which case the [bail] bond or other written undertaking is exonerated upon sentencing.
568          (c) For purposes of this section, an order of the court accepting a plea in abeyance
569     agreement and holding that plea in abeyance pursuant to Title 77, Chapter 2a, Pleas in
570     Abeyance, is considered to be the same as a sentencing upon a guilty plea.
571          (d) Any suspended or deferred sentencing is not the responsibility of the surety and the
572     [bail] bond is exonerated without any motion, upon acceptance of the court and the defendant
573     of a plea in abeyance, probation, fine payments, post sentencing reviews, or any other deferred
574     sentencing reviews or any other deferred sentencing agreement.
575          (e) If a surety issues a bail bond after [the] sentencing, the surety is liable on the
576     undertaking during all proceedings and for all court appearances required of the defendant up
577     to and including the defendant's appearance to commence serving the sentence imposed under
578     Subsection (1).
579          (2) If [no] the prosecutor does not file an information [or], indictment [charging a
580     person with an offense is filed in court within], or request to extend time 120 days after the date
581     [of the bail undertaking or cash receipt] on which the bond or other written undertaking is
582     received, the court [may] shall:
583          (a) relieve a person from conditions of release [at the person's request, and the bail
584     bond or undertaking is exonerated without further order of the court unless the prosecutor
585     requests an extension of time before the end of the 120-day period by:];
586          [(a) filing a notice for extension with the court; and]
587          [(b) serving the notice for extension upon the sureties and the person or his attorney.]
588          [(3) A court may extend bail and conditions of release for good cause.]
589          (b) refund any monetary bail, as provided in Subsection 77-20-4(5); and
590          (c) exonerate any bond or other written undertaking without further order of the court.
591          (3) (a) A request to extend time shall:
592          (i) be served on any surety and the defendant or the defendant's attorney; and
593          (ii) be granted for a period of up to 60 days.
594          (b) A court may grant a request to extend time for a period of up to 120 days upon a
595     showing of good cause.
596          [(4) Subsection (2)]
597          (c) An extension of time does not prohibit the proper filing of charges against a person
598     at any time.
599          [(5) If the court does not set on a calendar any hearings on a case within 18 months of
600     the last court docket activity on a case, the undertaking of bail is exonerated without motion.]
601          Section 11. Section 77-20-8 is amended to read:
602          77-20-8. Grounds for detaining or releasing defendant on conviction and prior to
603     sentence.
604          (1) Upon conviction, by plea or trial, the court shall order that the convicted defendant
605     who is waiting imposition or execution of sentence be detained, unless the court finds by clear
606     and convincing evidence presented by the defendant that the defendant is not likely to flee the
607     jurisdiction of the court, and will not pose a danger to the physical, psychological, or financial
608     and economic safety or well-being of any other person or the community if released.
609          (2) If the court finds the defendant does not need to be detained, the court shall order
610     the release of the defendant on suitable conditions, which may include the conditions under
611     Subsection [77-20-10(2)] 77-20-1(4).
612          Section 12. Section 77-20-8.5 is amended to read:
613          77-20-8.5. Sureties -- Surrender of defendant -- Arrest of defendant.
614          (1) (a) Sureties may at any time prior to a defendant's failure to appear surrender the
615     defendant and obtain exoneration of monetary bail, by notifying the clerk of the court in which
616     the monetary bail was posted of the defendant's surrender and requesting exoneration.
617     Notification shall be made immediately following the surrender by surface mail, electronic
618     mail, or fax.
619          (b) To effect surrender, a certified copy of the surety's undertaking from the court in
620     which it was posted or a copy of the monetary bail agreement with the defendant shall be
621     delivered to the on-duty jailer, who shall detain the defendant in the on-duty jailer's custody as
622     upon a commitment, and shall in writing acknowledge the surrender upon the copy of the
623     undertaking or monetary bail agreement. The certified copy of the undertaking or copy of the
624     monetary bail agreement upon which the acknowledgment of surrender is endorsed shall be
625     filed with the court. The court may then, upon proper application, order the undertaking
626     exonerated and [may] shall order a refund of any paid premium, or part of a premium, as it
627     finds just.
628          (2) For the purpose of surrendering the defendant, the sureties may:
629          (a) arrest the defendant:
630          (i) at any time before the defendant is finally exonerated; and
631          (ii) at any place within the state; and
632          (b) surrender the defendant to any county jail booking facility in Utah.
633          (3) An arrest under this section is not a basis for exoneration of the [bail] bond under
634     Section 77-20b-101.
635          (4) A surety acting under this section is subject to Title 53, Chapter 11, Bail Bond
636     Recovery Act.
637          Section 13. Section 77-20-9 is amended to read:
638          77-20-9. Disposition of forfeitures.
639          If by reason of the neglect of the defendant to appear, money deposited [instead of bail]
640     as a financial condition or money paid by sureties on [bail] bond is forfeited and the forfeiture
641     is not discharged or remitted, the clerk with whom it is deposited or paid shall, immediately
642     after final adjournment of the court, pay over the money forfeited as follows:
643          [(1) the forfeited bail amount in cases in or appealed from district courts shall be
644     distributed as provided in Section 78A-5-110;]
645          [(2)] (1) the forfeited [bail] amount in cases in precinct justice courts or in municipal
646     justice courts shall be distributed as provided in Sections 78A-7-120 and 78A-7-121; and
647          [(3) the forfeited bail in cases in justice courts where the offense is not triable in that
648     court shall be paid into the General Fund; and]
649          [(4) the forfeited bail in cases not provided for in this section shall be paid 50% to the
650     state treasurer and the remaining 50% to the county treasurer in the county in which the
651     violation occurred or the forfeited bail is collected.]
652          (2) in all other cases:
653          (a) 60% of the forfeited bond shall be paid to the Pretrial Release Programs Special
654     Revenue Fund established in Section 63M-7-213;
655          (b) 25% of the forfeited bond shall be paid to the General Fund; and
656          (c) 15% of the forfeited bond shall be paid to the prosecuting agency that brings an
657     action to collect under Section 77-20b-104.
658          Section 14. Section 77-20-10 is amended to read:
659          77-20-10. Grounds for detaining defendant while appealing the defendant's
660     conviction -- Conditions for release while on appeal.
661          (1) The court shall order that a defendant who has been found guilty of an offense in a
662     court of record and sentenced to a term of imprisonment in jail or prison, and who has filed an
663     appeal or a petition for a writ of certiorari, be detained, unless the court finds:
664          (a) the appeal raises a substantial question of law or fact likely to result in:
665          (i) reversal;
666          (ii) an order for a new trial; or
667          (iii) a sentence that does not include a term of imprisonment in jail or prison;
668          (b) the appeal is not for the purpose of delay; and
669          (c) by clear and convincing evidence presented by the defendant that the defendant is
670     not likely to flee the jurisdiction of the court, and will not pose a danger to the physical,
671     psychological, or financial and economic safety or well-being of any other person or the
672     community if released.
673          (2) If the court makes a finding under Subsection (1) that justifies not detaining the
674     defendant, the court shall order the release of the defendant, subject to conditions that result in
675     the least restrictive [condition or combination of] reasonably available conditions that the court
676     determines will reasonably [assure] ensure the appearance of the [person] defendant as required
677     and the safety of any other [person] individual, property, and the community. The conditions
678     may include [that the defendant:] the conditions described in Subsection 77-20-1(4)(b).
679          [(a) post appropriate bail;]
680          [(b) execute a bail bond with a surety under Title 31A, Chapter 35, Bail Bond Act, in
681     an amount necessary to assure the appearance of the defendant as required;]
682          [(c) (i) execute a written agreement to forfeit, upon failing to appear as required,
683     designated property, including money, as is reasonably necessary to assure the appearance of
684     the defendant; and]
685          [(ii) post with the court indicia of ownership of the property or a percentage of the
686     money as the court may specify;]
687          [(d) not commit a federal, state, or local crime during the period of release;]
688          [(e) remain in the custody of a designated person who agrees to assume supervision of
689     the defendant and who agrees to report any violation of a release condition to the court, if the
690     designated person is reasonably able to assure the court that the defendant will appear as
691     required and will not pose a danger to the safety of any other person or the community;]
692          [(f) maintain employment, or if unemployed, actively seek employment;]
693          [(g) maintain or commence an educational program;]
694          [(h) abide by specified restrictions on personal associations, place of abode, or travel;]
695          [(i) avoid all contact with the victims of the offense and with any witnesses who
696     testified against the defendant or potential witnesses who may testify concerning the offense if
697     the appeal results in a reversal or an order for a new trial;]
698          [(j) report on a regular basis to a designated law enforcement agency, pretrial services
699     agency, or other designated agency;]
700          [(k) comply with a specified curfew;]
701          [(l) not possess a firearm, destructive device, or other dangerous weapon;]
702          [(m) not use alcohol, or any narcotic drug or other controlled substances except as
703     prescribed by a licensed medical practitioner;]
704          [(n) undergo available medical, psychological, or psychiatric treatment, including
705     treatment for drug or alcohol dependency, and remain under the supervision of or in a specified
706     institution if required for that purpose;]
707          [(o) return to custody for specified hours following release for employment, schooling,
708     or other limited purposes;]
709          [(p) satisfy any other condition that is reasonably necessary to assure the appearance of
710     the defendant as required and to assure the safety of any other person and the community; and]
711          [(q) if convicted of committing a sexual offense or an assault or other offense involving
712     violence against a child 17 years of age or younger, is limited or denied access to any location
713     or occupation where children are, including but not limited to:]
714          [(i) any residence where children are on the premises;]
715          [(ii) activities, including organized activities, in which children are involved; and]
716          [(iii) locations where children congregate, or where a reasonable person should know
717     that children congregate.]
718          (3) The court may, in its discretion, amend an order granting release to impose
719     additional or different conditions of release.
720          (4) If the defendant [has been] is found guilty of an offense in a court not of record and
721     files a timely notice of appeal pursuant to Subsection 78A-7-118(1) for a trial de novo, the
722     court shall stay all terms of a sentence, unless at the time of sentencing the judge finds by a
723     preponderance of the evidence that the defendant poses a danger to another person or the
724     community.
725          (5) If a stay is ordered, the court may order post-conviction restrictions on the
726     defendant's conduct as appropriate, including:
727          (a) continuation of any pre-trial restrictions or orders;
728          (b) sentencing protective orders under Section 77-36-5.1;
729          (c) drug and alcohol use;
730          (d) use of an ignition interlock; and
731          (e) posting appropriate monetary bail.
732          (6) The provisions of Subsections (4) and (5) do not apply to convictions for an offense
733     under Title 41, Chapter 6a, Part 5, Driving Under the Influence and Reckless Driving.
734          (7) Any stay authorized by Subsection (4) is lifted upon the dismissal of the appeal by
735     the district court.
736          Section 15. Section 77-20b-101 is amended to read:
737          77-20b-101. Entry of nonappearance -- Notice to surety -- Release of surety on
738     failure of timely notice.
739          (1) If a defendant who has posted bail fails to appear before the appropriate court as
740     required, the court shall within 30 days of the failure to appear issue a bench warrant that
741     includes the original case number. The court shall also direct that the surety or surety insurer
742     be given notice of the nonappearance. The clerk of the court shall:
743          (a) [mail] email notice of nonappearance [by certified mail, return receipt requested,
744     within 30 days] to [the address of] the surety or surety insurer at the email address provided on
745     the bond;
746          [(b) notify the surety as listed on the bail bond of the name, address, and telephone
747     number of the prosecutor;]
748          [(c) deliver] (b) email a copy of the notice sent under Subsection (1)(a) to the
749     prosecutor's office [at the same time notice is sent under Subsection (1)(a)]; and
750          [(d)] (c) ensure that the name, address, business email address, and telephone number
751     of the surety [or], its agent, or surety insurer as listed on the [bail] bond is stated on the bench
752     warrant[; and].
753          [(e) mail notice of the failure to appear to the bail bond agency and the surety insurer.]
754          (2) The prosecutor may [mail] email notice of nonappearance [by certified mail, return
755     receipt requested,] to the address of the surety or surety insurer as listed on the [bail] bond
756     within 37 days after the date of the defendant's failure to appear.
757          (3) If notice of nonappearance is not [mailed] emailed to a surety or surety insurer as
758     listed on the [bail] bond, other than the defendant, in accordance with Subsection (1) or (2), the
759     surety or surety insurer and its [bail] bond producer are relieved of further obligation under the
760     [bail] bond if the [surety's current name and address or the current name and address of the bail
761     bond agency are on the bail bond] surety or surety insurer have listed their current name and
762     email addresses on the bond in the court's file.
763          (4) (a) (i) If a defendant appears in court within [seven] 30 days after a missed,
764     scheduled court appearance, the court may reinstate the [bail] bond without further notice to the
765     surety or surety insurer.
766          (ii) If the defendant, while in custody, appears on the case for which the [bail] bond
767     was posted, the court may not reinstate the [bail] bond without the consent of the bond
768     company.
769          (b) If a defendant fails to appear within [seven] 30 days after a scheduled court
770     appearance, the court may not reinstate the [bail] bond without the consent of the surety or
771     surety insurer.
772          (c) If the defendant is arrested and booked into a county jail booking facility pursuant
773     to a warrant for failure to appear on the original charges and the court is notified of the arrest,
774     or the court recalls the warrant due to the defendant's having paid the fine and prior to entry of
775     judgment of forfeiture, the court shall exonerate the [bail] bond.
776          (d) Unless the court makes a finding of good cause why the bond should not be
777     exonerated, it shall exonerate the [bail] bond if:
778          (i) the surety or surety insurer has delivered the defendant to the county jail booking
779     facility in the county where the original charge or charges are pending;
780          (ii) the defendant has been released on a bond secured from a subsequent surety or
781     surety insurer for the original charge and the failure to appear;
782          (iii) after an arrest, the defendant has escaped from jail or has been released on the
783     defendant's own recognizance, pursuant to a pretrial release, under a court order regulating jail
784     capacity, or by a sheriff's release under Section 17-22-5.5;
785          (iv) the surety or surety insurer has transported or agreed to pay for the transportation
786     of the defendant from a location outside of the county back to the county where the original
787     charge is pending, and the payment is in an amount equal to government transportation
788     expenses listed in Section 76-3-201; or
789          (v) the surety or surety insurer demonstrates by a preponderance of the evidence that:
790          (A) at the time the surety or surety insurer issued the [bail] bond, it had made
791     reasonable efforts to determine that the defendant was legally present in the United States;
792          (B) a reasonable person would have concluded, based on the surety's or surety insurer's
793     determination, that the defendant was legally present in the United States; and
794          (C) the surety or surety insurer has failed to bring the defendant before the court
795     because the defendant is in federal custody or has been deported.
796          (e) Under circumstances not otherwise provided for in this section, the court may
797     exonerate the [bail] bond if it finds that the prosecutor has been given reasonable notice of a
798     surety's or surety insurer's motion and there is good cause for the [bail] bond to be exonerated.
799          (f) If a surety's [bail] or surety insurer's bond has been exonerated under this section
800     and the surety or surety insurer remains liable for the cost of transportation of the defendant,
801     the surety or surety insurer may take custody of the defendant for the purpose of transporting
802     the defendant to the jurisdiction where the charge is pending.
803          Section 16. Section 77-20b-102 is amended to read:
804          77-20b-102. Time for bringing defendant to court.
805          (1) If notice of nonappearance [has been mailed] is emailed to a surety or surety insurer
806     under Section 77-20b-101, the surety or surety insurer may bring the defendant before the court
807     or surrender the defendant into the custody of a county sheriff within the state within [six
808     months of] 90 days after the date of nonappearance, during which time a forfeiture action on
809     the [bail] bond may not be brought.
810          (2) A surety or surety insurer may request an extension of the [six-month] 90-day time
811     period in Subsection (1), if the surety or surety insurer within that time:
812          (a) files a motion for extension with the court; and
813          (b) mails the motion for extension and a notice of hearing on the motion to the
814     prosecutor.
815          (3) The court may extend the [six-month] 90-day time in Subsection (1) for not more
816     than 60 days, if the surety or surety insurer has complied with Subsection (2) and the court
817     finds good cause.
818          Section 17. Section 77-20b-104 is amended to read:
819          77-20b-104. Forfeiture of bail.
820          (1) If a surety or surety insurer fails to bring the defendant before the court within the
821     time provided in Section 77-20b-102, the prosecuting attorney may request the forfeiture of the
822     [bail] bond by:
823          (a) filing a motion for [bail] bond forfeiture with the court, supported by proof of
824     notice to the surety or surety insurer of the defendant's nonappearance; and
825          (b) [mailing] emailing a copy of the motion to the surety or surety insurer.
826          (2) A court shall enter judgment of [bail] bond forfeiture without further notice if [it]
827     the court finds by a preponderance of the evidence:
828          (a) the defendant failed to appear as required;
829          (b) the surety or surety insurer was given notice of the defendant's nonappearance in
830     accordance with Section 77-20b-101;
831          (c) the surety or surety insurer failed to bring the defendant to the court within the
832     [six-month] 90-day period under Section 77-20b-102; and
833          (d) the prosecutor has complied with the notice requirements under Subsection (1).
834          (3) If the surety or surety insurer shows by a preponderance of the evidence that it has
835     failed to bring the defendant before the court because the defendant is deceased through no act
836     of the surety or surety insurer, the court may not enter judgment of [bail] bond forfeiture and
837     the [bail] bond is exonerated.
838          (4) The amount of [bail] the bond forfeited is the face amount of the [bail] bond, but if
839     the defendant is in the custody of another jurisdiction and the state extradites or intends to
840     extradite the defendant, the court may reduce the amount forfeited to the actual or estimated
841     costs of returning the defendant to the court's jurisdiction. A judgment under Subsection (5)
842     shall:
843          (a) identify the surety or surety insurer against whom judgment is granted;
844          (b) specify the amount of [bail] the bond forfeited;
845          (c) grant the forfeiture of the [bail] bond; and
846          (d) be docketed by the clerk of the court in the civil judgment docket.
847          (5) A prosecutor may immediately commence collection proceedings to execute a
848     judgment of [bail] bond forfeiture against the assets of the surety.
849          Section 18. Section 78A-2-220 is amended to read:
850          78A-2-220. Authority of magistrate.
851          (1) Except as otherwise provided by law, a magistrate as defined in Section 77-1-3
852     shall have the authority to:
853          (a) commit a person to incarceration prior to trial;
854          (b) set or deny bail under Section 77-20-1 and release upon the payment of monetary
855     bail and satisfaction of any other conditions of release;
856          (c) issue to any place in the state summonses and warrants of search and arrest and
857     authorize administrative traffic checkpoints under Section 77-23-104;
858          (d) conduct an initial appearance;
859          (e) conduct arraignments;
860          (f) conduct a preliminary examination to determine probable cause;
861          (g) appoint attorneys and order recoupment of attorney fees;
862          (h) order the preparation of presentence investigations and reports;
863          (i) issue temporary orders as provided by rule of the Judicial Council; and
864          (j) perform any other act or function authorized by statute.
865          (2) A judge of the justice court may exercise the authority of a magistrate specified in
866     Subsection (1) with the following limitations:
867          (a) a judge of the justice court may conduct an initial appearance, preliminary
868     examination, or arraignment as provided by rule of the Judicial Council; and
869          (b) a judge of the justice court may not [set bail] perform any act or function in a
870     capital felony [nor deny bail in any] case.
871          Section 19. Repealer.
872          This bill repeals:
873          Section 77-20-3, Release on own recognizance -- Changing amount of bail or
874     conditions of release.
875          Section 20. Effective date.
876          This bill takes effect on October 1, 2020.