Representative Karianne Lisonbee proposes the following substitute bill:


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     

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

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

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