Senator Kirk A. Cullimore proposes the following substitute bill:


1     
PRETRIAL DETENTION AMENDMENTS

2     
2021 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Mike Schultz

5     
Senate Sponsor: Kirk A. Cullimore

6     

7     LONG TITLE
8     General Description:
9          This bill addresses requirements for pretrial release and detention.
10     Highlighted Provisions:
11          This bill:
12          ▸     removes the presumption of release for a person arrested for certain criminal
13     offenses while the person awaits trial;
14          ▸     removes the requirement that a person who is eligible for pretrial release be released
15     under the least restrictive, reasonably available conditions to ensure the appearance
16     of the person and the safety of the public;
17          ▸     removes the specific list of additional pretrial release conditions that may be ordered
18     by the court;
19          ▸     alters procedures for pretrial detention hearings;
20          ▸     changes the time allowance for bail forfeiture;
21          ▸     provides procedures for forfeited bail;
22          ▸     modifies reporting requirements related to persons released from law enforcement
23     custody on various conditions; and
24          ▸     makes technical and conforming changes.
25     Money Appropriated in this Bill:
26          None
27     Other Special Clauses:
28          This bill provides coordination clauses.
29     Utah Code Sections Affected:
30     AMENDS:
31          77-7-20, as last amended by Laws of Utah 2020, Chapter 185
32          77-7-21, as last amended by Laws of Utah 2020, Chapter 185
33          77-17-8, as last amended by Laws of Utah 2020, Chapter 185
34          77-18a-1, as last amended by Laws of Utah 2020, Chapter 185
35          77-20-1, as last amended by Laws of Utah 2020, Chapters 142 and 185
36          77-20-1.1, as enacted by Laws of Utah 2020, Chapter 185
37          77-20-4, as last amended by Laws of Utah 2020, Chapter 185
38          77-20-7, as last amended by Laws of Utah 2020, Chapter 185
39          77-20-8, as last amended by Laws of Utah 2020, Chapter 185
40          77-20-8.5, as last amended by Laws of Utah 2020, Chapter 185
41          77-20-9, as last amended by Laws of Utah 2020, Chapter 185
42          77-20-10, as last amended by Laws of Utah 2020, Chapters 142 and 185
43          77-20b-101, as last amended by Laws of Utah 2020, Chapter 185
44          77-20b-102, as last amended by Laws of Utah 2020, Chapter 185
45          77-20b-104, as last amended by Laws of Utah 2020, Chapter 185
46          78A-2-220, as last amended by Laws of Utah 2020, Chapter 185
47     ENACTS:
48          77-20-3.1, Utah Code Annotated 1953
49     Utah Code Sections Affected by Coordination Clause:
50          77-20-1, as last amended by Laws of Utah 2020, Chapters 142 and 185
51     

52     Be it enacted by the Legislature of the state of Utah:
53          Section 1. Section 77-7-20 is amended to read:
54          77-7-20. Service of citation on defendant -- Filing in court -- Electronic filing --
55     Contents of citations.
56          (1) Except as provided in Subsection (4), a peace officer or other authorized official
57     who issues a citation pursuant to Section 77-7-18 shall give the citation to the individual cited
58     and shall, within five business days, electronically file the data from Subsections (2)(a) through
59     (2)(h) with the court specified in the citation. The data transmission shall use the court's
60     electronic filing interface. A nonconforming filing is not effective.
61          (2) The citation issued under authority of this chapter shall contain the following data:
62          (a) the name, address, and phone number of the court before which the individual is to
63     appear;
64          (b) the name and date of birth of the individual cited;
65          (c) a brief description of the offense charged;
66          (d) the date, time, and place at which the offense is alleged to have occurred;
67          (e) the date on which the citation was issued;
68          (f) the name of the peace officer or official who issued the citation, and the name of the
69     arresting individual if a private party made the arrest and the citation was issued in lieu of
70     taking the arrested individual before a magistrate;
71          (g) the time and date on or date range during which the individual is to appear or a
72     statement that the court will notify the individual of the time to appear;
73          (h) whether the offense is a domestic violence offense; and
74          (i) a notice containing substantially the following language:
75     
READ CAREFULLY

76          This citation is not an information and will not be used as an information without your
77     consent. If an information is filed you will be provided a copy by the court. You MUST
78     appear in court on or before the time set in this citation or as directed by the court. IF YOU
79     FAIL TO APPEAR, THE COURT MAY ISSUE A WARRANT FOR YOUR ARREST.
80          (3) By electronically filing the data with the court, the peace officer or official affirms
81     to the court that:
82          (a) the citation or information, including the summons and complaint, was [delivered
83     to] served upon the defendant in accordance with the law;
84          (b) the defendant committed the offense [set forth] described in the [citation] served
85     documents; and
86          (c) the court to which the defendant was directed to appear has jurisdiction over the
87     offense charged.
88          (4) (a) If a citing law enforcement officer is not reasonably able to access the efiling
89     system, the citation need not be filed electronically if being filed with a justice court.
90          (b) The court may accept an electronic filing received after five business days if:
91          (i) the defendant consents to the filing; and
92          (ii) the court finds the interests of justice would be best served by accepting the filing.
93          Section 2. Section 77-7-21 is amended to read:
94          77-7-21. Proceeding on citation -- Voluntary remittance of fine -- Parent
95     signature required -- Information, when required.
96          (1) (a) A citation filed with the court may, with the consent of the defendant, serve in
97     lieu of an information to which the defendant may plead guilty or no contest to the charge or
98     charges listed and be sentenced accordingly.
99          (b) If provided by the uniform fine schedule described in Section 76-3-301.5, or with
100     the court's approval, an individual may remit the fine and other penalties without a personal
101     appearance before the court in any case charging a class B misdemeanor or lower offense,
102     unless the charge is:
103          (i) a domestic violence offense as defined in Section 77-36-1;
104          (ii) a violation of Section 41-6a-502, driving under the influence of alcohol, drugs, or a
105     combination of both or with specified or unsafe blood alcohol concentration;
106          (iii) a violation of Section 41-6a-517, driving with any measurable controlled substance
107     in the body;
108          (iv) a violation of a local ordinance similar to the offenses described in Subsections
109     (1)(b)(i) through (iii); or
110          (v) a violation that appears to:
111          (A) affect a victim, as defined in Section 77-38a-102; or
112          (B) require restitution, as defined in Section 77-38a-102.
113          (c) The remittal of fines and other penalties shall be entered as a conviction and treated
114     the same as if the accused pleaded no contest.
115          (d) If the person cited is under 18 years of age, the court shall promptly mail a copy or
116     notice of the citation to the address as shown on the citation, to the attention of the parent or
117     guardian of the defendant.
118          (2) If the individual pleads not guilty to the offense charged, further proceedings shall
119     be held in accordance with the Rules of Criminal Procedure and all other applicable provisions
120     of this code.
121          Section 3. Section 77-17-8 is amended to read:
122          77-17-8. Mistake in charging offense -- Procedure -- Witnesses.
123          If, at any time before verdict or judgment, a mistake is made in charging the proper
124     offense, and there is probable cause to believe that the defendant is chargeable with another
125     offense, the court may commit the defendant or require the defendant [to comply with one or
126     more pretrial release conditions in accordance with Section 77-20-1 to ensure the defendant's
127     appearance in court] to give bail under Section 77-20-1 for the defendant's appearance to
128     answer to the proper charge when filed, and may also require witnesses to give bail for their
129     appearance.
130          Section 4. Section 77-18a-1 is amended to read:
131          77-18a-1. Appeals -- When proper.
132          (1) A defendant may, as a matter of right, appeal from:
133          (a) a final judgment of conviction, whether by verdict or plea;
134          (b) an order made after judgment that affects the substantial rights of the defendant;
135          (c) an order adjudicating the defendant's competency to proceed further in a pending
136     prosecution; or
137          (d) an order denying bail, as provided in [Section 77-20-1] Subsection 77-20-1(8).
138          (2) In addition to any appeal permitted by Subsection (1), a defendant may seek
139     discretionary appellate review of any interlocutory order.
140          (3) The prosecution may, as a matter of right, appeal from:
141          (a) a final judgment of dismissal, including a dismissal of a felony information
142     following a refusal to bind the defendant over for trial;
143          (b) a pretrial order dismissing a charge on the ground that the court's suppression of
144     evidence has substantially impaired the prosecution's case;
145          (c) an order granting a motion to withdraw a plea of guilty or no contest;
146          (d) an order arresting judgment or granting a motion for merger;
147          (e) an order terminating the prosecution because of a finding of double jeopardy or
148     denial of a speedy trial;
149          (f) an order granting a new trial;
150          (g) an order holding a statute or any part of it invalid;
151          (h) an order adjudicating the defendant's competency to proceed further in a pending
152     prosecution;
153          (i) an order finding, pursuant to Title 77, Chapter 19, Part 2, Competency for
154     Execution, that an inmate sentenced to death is incompetent to be executed;
155          (j) an order reducing the degree of offense pursuant to Section 76-3-402; or
156          (k) an illegal sentence.
157          (4) In addition to any appeal permitted by Subsection (3), the prosecution may seek
158     discretionary appellate review of any interlocutory order entered before jeopardy attaches.
159          Section 5. Section 77-20-1 is amended to read:
160          77-20-1. Right to bail -- Pretrial status order -- Denial of bail -- Detention hearing
161     -- Motion to modify.
162          (1) As used in this chapter:
163          (a) "Bail bond agency" means the same as that term is defined in Section 31A-35-102.
164          [(b) "Financial condition" or "monetary bail" means any monetary condition that may
165     be imposed under Section 77-20-4 to secure an individual's pretrial release.]
166          [(c) "Pretrial release" or "bail" means release of an individual charged with or arrested
167     for a criminal offense from law enforcement or judicial custody during the time the individual
168     awaits trial or other resolution of the criminal charges.]
169          [(d) "Pretrial status order" means an order issued by the court exercising jurisdiction
170     over an individual charged with a criminal offense that sets the terms and conditions of the
171     individual's pretrial release or denies pretrial release and orders that the individual be detained
172     pending resolution of the criminal charges.]
173          [(e)] (b) "Surety" and "sureties" mean a surety insurer or a bail bond agency.
174          [(f)] (c) "Surety insurer" means the same as that term is defined in Section 31A-35-102.
175          (2) An individual charged with or arrested for a criminal offense shall be admitted to
176     bail as a matter of right, except if the individual is charged with a:
177          (a) capital felony, when the court finds there is substantial evidence to support the
178     charge;
179          (b) felony committed while on probation or parole, or while free on bail awaiting trial
180     on a previous felony charge, when the court finds there is substantial evidence to support the
181     current felony charge;
182          (c) felony when there is substantial evidence to support the charge and the court finds
183     by clear and convincing evidence that the individual would constitute a substantial danger to
184     any other individual or to the community, or is likely to flee the jurisdiction of the court, if
185     released on bail;
186          (d) felony when the court finds there is substantial evidence to support the charge and
187     the court finds by clear and convincing evidence that the individual violated a material
188     condition of release while previously on bail; or
189          (e) domestic violence offense if the court finds:
190          (i) that there is substantial evidence to support the charge; and
191          (ii) by clear and convincing evidence, that the individual would constitute a substantial
192     danger to an alleged victim of domestic violence if released on bail.
193          [(3) (a) A court exercising jurisdiction over an individual charged with or arrested for a
194     criminal offense shall issue a pretrial status order designating the conditions to be imposed
195     upon the individual's release or ordering that the individual be detained under this section
196     during the time the individual awaits trial or other resolution of the criminal charges.]
197          [(b) A court granting pretrial release shall impose the least restrictive reasonably
198     available conditions of release on the individual who is the subject of the pretrial status order
199     that the court determines will reasonably ensure:]
200          [(i) the individual's appearance in court when required;]
201          [(ii) the safety of any witnesses or victims of the offense allegedly committed by the
202     individual;]
203          [(iii) the safety and welfare of the public; and]
204          [(iv) that the individual will not obstruct or attempt to obstruct the criminal justice
205     process.]
206          [(c) (i) The court shall issue the pretrial status order without unnecessary delay.]
207          [(ii) If a prosecutor files a motion for detention under Subsection (6), the court may
208     delay issuing the pretrial status order until after hearing the motion to detain if the court finds:]
209          [(A) the prosecutor's motion states a reasonable case for detention; and]
210          [(B) detaining the defendant until after the motion is heard is in the interests of justice
211     and public safety.]
212          [(4) (a) Except as otherwise provided in this section or Section 78B-7-802, the court
213     shall order that an individual charged with a criminal offense be released on the individual's
214     own recognizance, on condition that the individual appear at all required court proceedings, if
215     the court finds that additional conditions are not necessary to reasonably ensure compliance
216     with Subsection (3)(b).]
217          [(b) The court shall impose additional release conditions if the court finds that
218     additional release conditions are necessary to reasonably ensure compliance with Subsection
219     (3)(b). The conditions imposed may include that the individual:]
220          [(i) not commit a federal, state, or local offense during the period of release;]
221          [(ii) avoid contact with a victim or victims of the alleged offense;]
222          [(iii) avoid contact with a witness or witnesses who may testify concerning the alleged
223     offense that are named in the pretrial status order;]
224          [(iv) not use or consume alcohol, or any narcotic drug or other controlled substance
225     except as prescribed by a licensed medical practitioner;]
226          [(v) submit to drug or alcohol testing;]
227          [(vi) complete a substance abuse evaluation and comply with any recommended
228     treatment or release program;]
229          [(vii) submit to electronic monitoring or location device tracking;]
230          [(viii) participate in inpatient or outpatient medical, behavioral, psychological, or
231     psychiatric treatment;]
232          [(ix) maintain employment, or if unemployed, actively seek employment;]
233          [(x) maintain or commence an education program;]
234          [(xi) comply with limitations on where the individual is allowed to be located or the
235     times the individual shall be or may not be at a specified location;]
236          [(xii) comply with specified restrictions on personal associations, place of residence, or
237     travel;]
238          [(xiii) report to a law enforcement agency, pretrial services program, or other
239     designated agency at a specified frequency or on specified dates;]
240          [(xiv) comply with a specified curfew;]
241          [(xv) forfeit or refrain from possession of a firearm or other dangerous weapon;]
242          [(xvi) if the individual is charged with an offense against a child, is limited or denied
243     access to any location or occupation where children are, including any residence where children
244     are on the premises, activities including organized activities in which children are involved,
245     locations where children congregate, or where a reasonable person should know that children
246     congregate;]
247          [(xvii) comply with requirements for house arrest;]
248          [(xviii) return to custody for a specified period of time following release for
249     employment, schooling, or other limited purposes;]
250          [(xix) remain in the custody of one or more designated individuals who agree to
251     supervise and report on the behavior and activities of the individual charged and to encourage
252     compliance with all court orders and attendance at all required court proceedings;]
253          [(xx) comply with a financial condition; or]
254          [(xxi) comply with any other condition that is necessary to reasonably ensure
255     compliance with Subsection (3)(b).]
256          [(c) If the court determines a financial condition, other than an unsecured bond, is
257     necessary to impose on an individual as part of the individual's pretrial release, the court shall
258     consider the individual's ability to pay when determining the amount of the financial
259     condition.]
260          [(5) In making a determination under Subsection (3), the court may rely on the
261     following:]
262          [(a) any form of pretrial services assessment;]
263          [(b) the nature and circumstances of the offense or offenses charged, including whether
264     the charges include a violent offense and the vulnerability of witnesses or alleged victims;]
265          [(c) the nature and circumstances of the individual, including the individual's character,
266     physical and mental health, family and community ties, employment status and history,
267     financial resources, past criminal conduct, history of drug or alcohol abuse, and history of
268     timely appearances at required court proceedings;]
269          [(d) the potential danger to another individual or individuals posed by the release of the
270     individual;]
271          [(e) if the individual was on probation, parole, or release pending an upcoming court
272     proceeding at the time the individual allegedly committed the offense;]
273          [(f) the availability of other individuals who agree to assist the individual in attending
274     court when required or other evidence relevant to the individual's opportunities for supervision
275     in the individual's community;]
276          [(g) the eligibility and willingness of the individual to participate in various treatment
277     programs, including drug treatment; or]
278          [(h) other evidence relevant to the individual's likelihood of fleeing or violating the law
279     if released.]
280          [(6) (a) If the criminal charges filed against the individual include one or more offenses
281     eligible for detention under Subsection (2) or Utah Constitution, Article I, Section 8, the
282     prosecution may file a motion for pretrial detention.]
283          [(b) Upon receiving a motion under Subsection (6)(a), the court shall set a hearing on
284     the matter as soon as practicable.]
285          [(c) The individual who is the subject of the detention hearing has the right to be
286     represented by counsel at the pretrial detention hearing and, if a court finds the individual is
287     indigent under Section 78B-22-202, the court shall appoint counsel to represent the individual
288     in accordance with Section 78B-22-203.]
289          [(d) The court shall give both parties the opportunity to make arguments and to present
290     relevant evidence at the detention hearing.]
291          [(7) After hearing evidence on a motion for pretrial detention, the court may detain the
292     individual if:]
293          [(a) the individual is accused of committing an offense that qualifies the individual for
294     detention under Subsection (2) or Utah Constitution, Article I, Section 8;]
295          [(b) the prosecution demonstrates substantial evidence to support the charge, and meets
296     all additional evidentiary burdens required under Subsection (2) or Utah Constitution, Article I,
297     Section 8; and]
298          [(c) the court finds that no conditions that may be imposed upon granting the
299     individual pretrial release will reasonably ensure compliance with Subsection (3)(b).]
300          [(8) (a) If an individual is charged with a criminal offense described in Subsection
301     (8)(b), there is a rebuttable presumption that the individual be detained.]
302          [(b) Criminal charges that create a rebuttable presumption of detention under
303     Subsection (8)(a) include:]
304          [(i) criminal homicide as defined in Section 75-5-201; and]
305          [(ii) any offense for which the term of imprisonment may include life.]
306          [(c) The individual may rebut the presumption of detention by demonstrating, by a
307     preponderance of the evidence, that specified conditions of release will reasonably ensure
308     compliance with Subsection (3)(b).]
309          [(9) Except as otherwise provided, the court issuing a pretrial warrant of arrest shall
310     issue the initial pretrial status order.]
311          (3) Any individual who may be admitted to bail may be released by posting bail in the
312     form and manner provided in Section 77-20-4, or on the individual's own recognizance, on
313     condition that the individual appear in court for future court proceedings in the case, and on
314     any other conditions imposed in the discretion of the magistrate or court in a pretrial status
315     order setting the terms and conditions of the individual's pretrial release that will reasonably:
316          (a) ensure the appearance of the accused;
317          (b) ensure the integrity of the court process;
318          (c) prevent direct or indirect contact with witnesses or victims by the accused, if
319     appropriate; and
320          (d) ensure the safety of the public.
321          (4) (a) Except as otherwise provided, the initial order denying or fixing the amount of
322     bail shall be issued by the magistrate or court issuing the warrant of arrest.
323          (b) A magistrate may set bail upon determining that there was probable cause for a
324     warrantless arrest.
325          (c) A bail commissioner may set bail in a misdemeanor case in accordance with
326     Sections 10-3-920 and 17-32-1.
327          [(10) (a)] (d) An individual arrested for a violation of a jail release agreement or jail
328     release court order issued in accordance with Section 78B-7-802:
329          (i) may be denied pretrial release by the court under Subsection (2); and
330          (ii) if denied pretrial release, may not be released before the individual's initial
331     appearance before the court.
332          [(b) Nothing in this section precludes or nullifies a jail release agreement or jail release
333     order required under Section 78B-7-802.]
334          (5) The magistrate or court may rely upon information contained in:
335          (a) the indictment or information;
336          (b) any sworn statement or sworn probable cause statement or other information
337     provided by law enforcement;
338          (c) any form of pretrial services assessment;
339          (d) witness statements or testimony; or
340          (e) any other reliable record or source, including proffered evidence.
341          (6) (a) Except as provided by Subsection (6)(b), the prosecution and defendant have a
342     right to subpoena witnesses to testify at a pretrial detention hearing.
343          (b) If a defendant seeks to subpoena an alleged victim who did not willingly testify at a
344     pretrial detention hearing, at the conclusion of the hearing, a defendant may issue a subpoena
345     compelling the alleged victim to testify at a subsequent pretrial detention hearing only if the
346     court finds that the testimony sought by the subpoena:
347          (i) is material to the substantial evidence or clear and convincing evidence
348     determinations described in Subsection (2) in light of all information presented to the court;
349     and
350          (ii) would not unnecessarily intrude on the rights of the victim.
351          (c) An alleged victim has the right to be heard at a hearing on a motion for pretrial
352     detention.
353          [(11)] (7) (a) A motion to modify the initial pretrial status order may be made by a
354     party at any time upon notice to the opposing party sufficient to permit the opposing party to
355     prepare for hearing and to permit each alleged victim to be notified and be present.
356          (b) Hearing on a motion to modify a pretrial status order may be held in conjunction
357     with a preliminary hearing or any other pretrial hearing.
358          (c) The magistrate or court may rely on information as provided in Subsection (5) and
359     may base its ruling on evidence provided at the hearing so long as each party is provided an
360     opportunity to present additional evidence or information relevant to bail.
361          [(12)] (8) Subsequent motions to modify a pretrial status order may be made only upon
362     a showing that there has been a material change in circumstances.
363          [(13)] (9) An appeal may be taken from an order of a court denying bail to the Utah
364     Court of Appeals pursuant to the Utah Rules of Appellate Procedure, which shall review the
365     determination under Subsection [(7)] (2).
366          [(14)] (10) For purposes of this section, any arrest or charge for a violation of Section
367     76-5-202, Aggravated murder, is a capital felony unless:
368          (a) the prosecutor files a notice of intent to not seek the death penalty; or
369          (b) the time for filing a notice to seek the death penalty has expired and the prosecutor
370     has not filed a notice to seek the death penalty.
371          Section 6. Section 77-20-1.1 is amended to read:
372          77-20-1.1. Release data requirements.
373          (1) The Administrative Office of the Courts shall submit the following data on
374     individuals for whom the Administrative Office of the Courts has a state identification number
375     broken down by judicial district to the Commission on Criminal and Juvenile Justice before
376     July 1 of each year:
377          (a) for the preceding calendar year:
378          (i) the number of individuals charged with a criminal offense who failed to appear at a
379     required court preceding while on pretrial release, in accordance with Section 77-20-1, under
380     each of the following categories of release:
381          (A) the individual's own recognizance;
382          (B) a financial condition; and
383          (C) a [pretrial] release condition other than a financial condition;
384          (ii) the number of offenses that carry a potential penalty of incarceration an individual
385     committed while on pretrial release, in accordance with Section 77-20-1, under each of the
386     following categories of release:
387          (A) the individual's own recognizance;
388          (B) a financial condition; and
389          (C) a [pretrial] release condition other than a financial condition; and
390          (iii) the total amount of fees and fines, including bond forfeiture, collected by the court
391     from an individual for the individual's failure to comply with a condition of [pretrial] release
392     under each of the following categories of release:
393          (A) an individual's own recognizance;
394          (B) a financial condition; and
395          (C) a [pretrial] release condition other than a financial condition; and
396          (b) at the end of the preceding calendar year:
397          (i) the total number of outstanding warrants of arrest for individuals who were released
398     from law enforcement custody, in accordance with Section 77-20-1, under each of the
399     following categories of release:
400          (A) the individual's own recognizance;
401          (B) a financial condition; and
402          (C) a [pretrial] release condition other than a financial condition;
403          (ii) for each of the categories described in Subsection (1)(b)(i), the average length of
404     time that the outstanding warrants had been outstanding; and
405          (iii) for each of the categories described in Subsection (1)(b)(i), the number of
406     outstanding warrants for arrest for crimes of each of the following categories:
407          (A) a first degree felony;
408          (B) a second degree felony;
409          (C) a third degree felony;
410          (D) a class A misdemeanor;
411          (E) a class B misdemeanor; and
412          (F) a class C misdemeanor.
413          (2) Each county jail shall submit the following data, based on the preceding calendar
414     year, to the Commission of Criminal and Juvenile Justice before July 1 of each year:
415          (a) the number of individuals released upon payment of monetary bail before appearing
416     before a court;
417          (b) the number of individuals released on the individual's own recognizance before
418     appearing before a court; and
419          (c) the amount of monetary bail, any fees, and any other money paid by or on behalf of
420     individuals collected by the county jail.
421          (3) The Commission on Criminal and Juvenile Justice shall compile the data collected
422     under this section and shall submit the compiled data in an electronic report to the Law
423     Enforcement and Criminal Justice Interim Committee before November 1 of each year.
424          Section 7. Section 77-20-3.1 is enacted to read:
425          77-20-3.1. Release on own recognizance -- Changing amount of bail or conditions
426     of release.
427          (1) Any person who may be admitted to bail may likewise be released on the person's
428     own recognizance in accordance with Subsection 77-20-1(3).
429          (2) After releasing the defendant on the defendant's own recognizance or admitting the
430     defendant to bail, the magistrate or court may:
431          (a) impose bail or increase or decrease the amount of the bail; and
432          (b) impose or change the conditions of release under Subsection 77-20-1(3).
433          Section 8. Section 77-20-4 is amended to read:
434          77-20-4. Bail to be posted in cash, by credit or debit card, or by written
435     undertaking -- Specific monetary bail methods.
436          (1) (a) Except as provided in Subsection (2), the judge or magistrate shall set bail at a
437     single amount per case or charge.
438          (b) Subject to Subsection (2), a defendant may choose to post the amount described in
439     Subsection (1)(a) by any of the following methods:
440          (i) in cash;
441          (ii) by written undertaking with sureties;
442          (iii) by written undertaking without sureties, at the discretion of the judge or
443     magistrate; or
444          (iv) by credit or debit card, at the discretion of the judge or bail commissioner.
445          (2) A judge or magistrate may limit a defendant to a specific method of posting
446     [monetary] bail described in Subsection (1)(b)(i), (ii), (iii), or (iv):
447          (a) if, after charges are filed, the defendant fails to appear in the case on a bail bond
448     and the case involves a violent offense;
449          (b) in order to allow the defendant to voluntarily [forfeit monetary bail] remit the fine
450     in accordance with Section 77-7-21 and the offense with which the defendant is charged is
451     listed in the shared master offense table as one for which an appearance is not mandatory;
452          (c) if the defendant has failed to respond to a citation or summons and the offense with
453     which the defendant is charged is listed in the shared master offense table as one for which an
454     appearance is not mandatory;
455          (d) if a warrant is issued for the defendant solely for failure to pay a criminal judgment
456     account receivable, as defined in Section 77-32a-101, and the defendant's [monetary] bail is
457     limited to the amount owed; or
458          (e) if a court has entered a judgment of [bond] bail forfeiture under Section 77-20b-104
459     in any case involving the defendant.
460          (3) [Monetary bail] Bail may not be accepted without receiving in writing at the time
461     the [monetary] bail is posted the current mailing address, telephone number, and email address
462     of the surety.
463          (4) [Monetary bail paid] Bail posted by debit or credit card, less the fee charged by the
464     financial institution, shall be tendered to the courts.
465          (5) [Monetary bail] Bail refunded by the court may be refunded by credit to the debit or
466     credit card, or cash. The amount refunded shall be the full amount received by the court under
467     Subsection (4), which may be less than the full amount of the [monetary] bail set by the court.
468          (6) Before refunding [monetary] bail that is posted by the defendant in cash, by credit
469     card, or by debit card, the court may apply the amount posted toward accounts receivable, as
470     defined in Section 77-32a-101, that are owed by the defendant in the priority set forth in
471     Section 77-38a-404.
472          Section 9. Section 77-20-7 is amended to read:
473          77-20-7. Duration of liability on undertaking -- Notices to sureties -- Exoneration
474     if charges not filed.
475          (1) (a) Except as provided in Subsection (1)(b), the principal and the sureties on [a
476     bond or other] the written undertaking are liable on the [bond or other written] undertaking
477     during all proceedings and for all court appearances required of the defendant up to and
478     including the surrender of the defendant for sentencing, irrespective of any contrary provision
479     in the [bond or other written] undertaking. Any failure of the defendant to appear when
480     required is a breach of the conditions of the [bond or other written] undertaking or bail and
481     subjects [the bond] it to forfeiture, regardless of whether or not notice of appearance was given
482     to the sureties. Upon sentencing the bail bond [or other written undertaking] shall be
483     exonerated without motion.
484          (b) If the sentence includes a commitment to a jail or prison, the bail bond [or other
485     written undertaking] shall be exonerated when the defendant appears at the appropriate jail or
486     prison, unless the judge does not require the defendant to begin the commitment within seven
487     days, in which case the bail bond [or other written undertaking] is exonerated upon sentencing.
488          (c) For purposes of this section, an order of the court accepting a plea in abeyance
489     agreement and holding that plea in abeyance pursuant to Title 77, Chapter 2a, Pleas in
490     Abeyance, is considered to be the same as a sentencing upon a guilty plea.
491          (d) Any suspended or deferred sentencing is not the responsibility of the surety and the
492     bail bond is exonerated without any motion, upon acceptance of the court and the defendant of
493     a plea in abeyance, probation, fine payments, post sentencing reviews, or any other deferred
494     sentencing reviews or any other deferred sentencing agreement.
495          (e) If a surety issues a bail bond after sentencing, the surety is liable on the undertaking
496     during all proceedings and for all court appearances required of the defendant up to and
497     including the defendant's appearance to commence serving the sentence imposed under
498     Subsection (1).
499          [(2) If the prosecutor does not file an information, indictment, or request to extend time
500     120 days after the date on which the bond or other written undertaking is received, the court
501     shall:]
502          [(a) relieve a person from conditions of release;]
503          [(b) refund any monetary bail, as provided in Subsection 77-20-4(5); and]
504          [(c) exonerate any bond or other written undertaking without further order of the
505     court.]
506          [(3) (a) A request to extend time shall:]
507          [(i) be served on any surety and the defendant or the defendant's attorney; and]
508          [(ii) be granted for a period of up to 60 days.]
509          [(b) A court may grant a request to extend time for a period of up to 120 days upon a
510     showing of good cause.]
511          [(c) An extension of time does not prohibit the proper filing of charges against a person
512     at any time.]
513          (2) If no information or indictment charging a person with an offense is filed in court
514     within 120 days after the date on which the bail undertaking or cash is received, the court may
515     relieve a person from conditions of release at the person's request, and the bail bond or
516     undertaking is exonerated without further order of the court unless the prosecutor requests an
517     extension of time before the end of the 120-day period by:
518          (a) filing a notice for extension with the court; and
519          (b) serving the notice for extension upon the sureties and the person or the person's
520     attorney.
521          (3) A court may extend bail and conditions of release for good cause.
522          (4) Subsection (2) does not prohibit the filing of charges against a person at any time.
523          (5) If the court does not set on a calendar any hearings on a case within 18 months after
524     the last court docket activity on a case, the undertaking of bail is exonerated without motion.
525          Section 10. Section 77-20-8 is amended to read:
526          77-20-8. Grounds for detaining or releasing defendant on conviction and prior to
527     sentence.
528          (1) Upon conviction, by plea or trial, the court shall order that the convicted defendant
529     who is waiting imposition or execution of sentence be detained, unless the court finds by clear
530     and convincing evidence presented by the defendant that the defendant is not likely to flee the
531     jurisdiction of the court, and will not pose a danger to the physical, psychological, or financial
532     and economic safety or well-being of any other person or the community if released.
533          (2) If the court finds the defendant does not need to be detained, the court shall order
534     the release of the defendant on suitable conditions, which may include the conditions under
535     Subsection [77-20-1(4)] 77-20-10(2).
536          Section 11. Section 77-20-8.5 is amended to read:
537          77-20-8.5. Sureties -- Surrender of defendant -- Arrest of defendant.
538          (1) (a) Sureties may at any time prior to a defendant's failure to appear surrender the
539     defendant and obtain exoneration of [monetary] bail, by notifying the clerk of the court in
540     which the [monetary] bail was posted of the defendant's surrender and requesting exoneration.
541     Notification shall be made immediately following the surrender by surface mail, electronic
542     mail, or fax.
543          (b) To effect surrender, a certified copy of the surety's undertaking from the court in
544     which it was posted or a copy of the [monetary] bail agreement with the defendant shall be
545     delivered to the on-duty jailer, who shall detain the defendant in the on-duty jailer's custody as
546     upon a commitment, and shall in writing acknowledge the surrender upon the copy of the
547     undertaking or [monetary] bail agreement. The certified copy of the undertaking or copy of the
548     [monetary] bail agreement upon which the acknowledgment of surrender is endorsed shall be
549     filed with the court. The court may then, upon proper application, order the undertaking
550     exonerated and [shall] may order a refund of any paid premium, or part of a premium, as it
551     finds just.
552          (2) For the purpose of surrendering the defendant, the sureties may:
553          (a) arrest the defendant:
554          (i) at any time before the defendant is finally exonerated; and
555          (ii) at any place within the state; and
556          (b) surrender the defendant to any county jail booking facility in Utah.
557          (3) An arrest under this section is not a basis for exoneration of the bail bond under
558     Section 77-20b-101.
559          (4) A surety acting under this section is subject to Title 53, Chapter 11, Bail Bond
560     Recovery Act.
561          Section 12. Section 77-20-9 is amended to read:
562          77-20-9. Disposition of forfeitures.
563          If by reason of the neglect of the defendant to appear, money deposited as a financial
564     condition or money paid by sureties on bond is forfeited and the forfeiture is not discharged or
565     remitted, the clerk with whom it is deposited or paid shall, immediately after final adjournment
566     of the court, pay over the money forfeited as follows:
567          (1) the forfeited amount in cases in precinct justice courts or in municipal justice courts
568     shall be distributed as provided in Sections 78A-7-120 and 78A-7-121; and
569          (2) in all other cases:
570          (a) where the financial condition was paid by a surety:
571          [(a)] (i) 60% of the forfeited [bond] amount shall be paid to the Pretrial Release
572     Programs Special Revenue Fund established in Section 63M-7-215;
573          [(b) 25%] (ii) 20% of the forfeited [bond] amount shall be paid to the General Fund;
574     and
575          [(c) 15%] (iii) 20% of the forfeited [bond] amount shall be paid to the prosecuting
576     agency that brings an action to collect under Section 77-20b-104[.]; and
577          (b) where the financial condition was paid without the assistance of a surety:
578          (i) 75% of the forfeited amount shall be paid to the Pretrial Release Programs Special
579     Revenue Fund established in Section 63M-7-215; and
580          (ii) 25% of the forfeited amount shall be paid to the General Fund.
581          Section 13. Section 77-20-10 is amended to read:
582          77-20-10. Grounds for detaining defendant while appealing the defendant's
583     conviction -- Conditions for release while on appeal.
584          (1) The court shall order that a defendant who has been found guilty of an offense in a
585     court of record and sentenced to a term of imprisonment in jail or prison, and who has filed an
586     appeal or a petition for a writ of certiorari, be detained, unless the court finds:
587          (a) the appeal raises a substantial question of law or fact likely to result in:
588          (i) reversal;
589          (ii) an order for a new trial; or
590          (iii) a sentence that does not include a term of imprisonment in jail or prison;
591          (b) the appeal is not for the purpose of delay; and
592          (c) by clear and convincing evidence presented by the defendant that the defendant is
593     not likely to flee the jurisdiction of the court, and will not pose a danger to the physical,
594     psychological, or financial and economic safety or well-being of any other person or the
595     community if released.
596          (2) If the court makes a finding under Subsection (1) that justifies not detaining the
597     defendant, the court shall order the release of the defendant, subject to conditions that result in
598     the least restrictive [reasonably available] condition or combination of conditions that the court
599     determines will reasonably ensure the appearance of the defendant as required and the safety of
600     any other individual, property, and the community. The conditions may include [the conditions
601     described in Subsection 77-20-1(4)(b).] that the defendant:
602          (a) post appropriate bail;
603          (b) execute a bail bond with a surety under Title 31A, Chapter 35, Bail Bond Act, in an
604     amount necessary to ensure the appearance of the defendant as required;
605          (c) (i) execute a written agreement to forfeit, upon failing to appear as required,
606     designated property, including money, as is reasonably necessary to ensure the appearance of
607     the defendant; and
608          (ii) post with the court indicia of ownership of the property or a percentage of the
609     money as the court may specify;
610          (d) not commit a federal, state, or local crime during the period of release;
611          (e) remain in the custody of a designated person who agrees to assume supervision of
612     the defendant and who agrees to report any violation of a release condition to the court, if the
613     designated person is reasonably able to assure the court that the defendant will appear as
614     required and will not pose a danger to the safety of any other person or the community;
615          (f) maintain employment, or if unemployed, actively seek employment;
616          (g) maintain or commence an educational program;
617          (h) abide by specified restrictions on personal associations, place of abode, or travel;
618          (i) avoid all contact with the victims of the offense and with any witnesses who
619     testified against the defendant or potential witnesses who may testify concerning the offense if
620     the appeal results in a reversal or an order for a new trial;
621          (j) report on a regular basis to a designated law enforcement agency, pretrial services
622     agency, or other designated agency;
623          (k) comply with a specified curfew;
624          (l) not possess a firearm, destructive device, or other dangerous weapon;
625          (m) not use alcohol, or any narcotic drug or other controlled substance except as
626     prescribed by a licensed medical practitioner;
627          (n) undergo available medical, psychological, or psychiatric treatment, including
628     treatment for drug or alcohol dependency, and remain under the supervision of or in a specified
629     institution if required for that purpose;
630          (o) return to custody for specified hours following release for employment, schooling,
631     or other limited purposes;
632          (p) satisfy any other condition that is reasonably necessary to ensure the appearance of
633     the defendant as required and to ensure the safety of any other person and the community; and
634          (q) if convicted of committing a sexual offense or an assault or other offense involving
635     violence against a child 17 years old or younger, is limited or denied access to any location or
636     occupation where children are, including:
637          (i) any residence where children are on the premises;
638          (ii) activities, including organized activities, in which children are involved; and
639          (iii) locations where children congregate, or where a reasonable person should know
640     that children congregate.
641          (3) The court may, in its discretion, amend an order granting release to impose
642     additional or different conditions of release.
643          (4) If the defendant is found guilty of an offense in a court not of record and files a
644     timely notice of appeal pursuant to Subsection 78A-7-118(1) for a trial de novo, the court shall
645     stay all terms of a sentence, unless at the time of sentencing the judge finds by a preponderance
646     of the evidence that the defendant poses a danger to another person or the community.
647          (5) If a stay is ordered, the court may order post-conviction restrictions on the
648     defendant's conduct as appropriate, including:
649          (a) continuation of any pre-trial restrictions or orders;
650          (b) sentencing protective orders under Section 78B-7-804;
651          (c) drug and alcohol use;
652          (d) use of an ignition interlock; and
653          (e) posting appropriate [monetary] bail.
654          (6) The provisions of Subsections (4) and (5) do not apply to convictions for an offense
655     under Title 41, Chapter 6a, Part 5, Driving Under the Influence and Reckless Driving.
656          (7) Any stay authorized by Subsection (4) is lifted upon the dismissal of the appeal by
657     the district court.
658          Section 14. Section 77-20b-101 is amended to read:
659          77-20b-101. Entry of nonappearance -- Notice to surety -- Release of surety on
660     failure of timely notice.
661          (1) If a defendant who has posted bail fails to appear before the appropriate court as
662     required, the court shall, within 30 days [of the failure] after the day on which the defendant
663     fails to appear, issue a bench warrant that includes the original case number. The court shall
664     also direct that the surety [or surety insurer] be given notice of the nonappearance. The clerk of
665     the court shall:
666          (a) email notice of nonappearance to the surety [or surety insurer] at the email address
667     provided on the bond;
668          (b) notify the surety as listed on the bail bond of the name, address, and telephone
669     number of the prosecutor;
670          [(b)] (c) email a copy of the notice sent under Subsection (1)(a) to the prosecutor's
671     office at the same time notice is sent under Subsection (1)(a); and
672          [(c)] (d) ensure that the name, address, business email address, and telephone number
673     of the surety[, its agent, or surety insurer] or the surety's agent as listed on the bail bond is
674     stated on the bench warrant.
675          (2) The prosecutor may email notice of nonappearance to the address of the surety [or
676     surety insurer] as listed on the bail bond within 37 days after the date of the defendant's failure
677     to appear.
678          (3) If notice of nonappearance is not emailed to a surety [or surety insurer] as listed on
679     the bail bond, other than the defendant, in accordance with Subsection (1) or (2), the surety [or
680     surety insurer] and [its] the surety's bail bond producer are relieved of further obligation under
681     the bail bond if the [surety or surety insurer have listed their current name and email addresses
682     on the bond] surety's current name and address or the current name and address of the bail bond
683     agency are on the bail bond in the court's file.
684          (4) (a) (i) If a defendant appears in court within [30] seven days after a missed,
685     scheduled court appearance, the court may reinstate the bail bond without further notice to the
686     surety [or surety insurer].
687          (ii) If the defendant, while in custody, appears on the case for which the bail bond was
688     posted, the court may not reinstate the bail bond without the consent of the bail bond company.
689          (b) If a defendant fails to appear within [30] seven days after a scheduled court
690     appearance, the court may not reinstate the bail bond without the consent of the surety [or
691     surety insurer].
692          (c) If the defendant is arrested and booked into a county jail booking facility pursuant
693     to a warrant for failure to appear on the original charges and the court is notified of the arrest,
694     or the court recalls the warrant due to the defendant's having paid the fine and prior to entry of
695     judgment of forfeiture, the court shall exonerate the bail bond.
696          (d) Unless the court makes a finding of good cause why the bond should not be
697     exonerated, it shall exonerate the bail bond if:
698          (i) the surety [or surety insurer] has delivered the defendant to the county jail booking
699     facility in the county where the original charge or charges are pending;
700          (ii) the defendant has been released on a bond secured from a subsequent surety [or
701     surety insurer] for the original charge and the failure to appear;
702          (iii) after an arrest, the defendant has escaped from jail or has been released on the
703     defendant's own recognizance, pursuant to a pretrial release, under a court order regulating jail
704     capacity, or by a sheriff's release under Section 17-22-5.5;
705          (iv) the surety [or surety insurer] has transported or agreed to pay for the transportation
706     of the defendant from a location outside of the county back to the county where the original
707     charge is pending, and the payment is in an amount equal to government transportation
708     expenses listed in Section 76-3-201; or
709          (v) the surety [or surety insurer] demonstrates by a preponderance of the evidence that:
710          (A) at the time the surety [or surety insurer] issued the bail bond, it had made
711     reasonable efforts to determine that the defendant was legally present in the United States;
712          (B) a reasonable person would have concluded, based on the surety's [or surety
713     insurer's] determination, that the defendant was legally present in the United States; and
714          (C) the surety [or surety insurer] has failed to bring the defendant before the court
715     because the defendant is in federal custody or has been deported.
716          (e) Under circumstances not otherwise provided for in this section, the court may
717     exonerate the bail bond if it finds that the prosecutor has been given reasonable notice of a
718     surety's [or surety insurer's] motion and there is good cause for the bail bond to be exonerated.
719          (f) If a surety's [or surety insurer's] bail bond has been exonerated under this section
720     and the surety [or surety insurer] remains liable for the cost of transportation of the defendant,
721     the surety [or surety insurer] may take custody of the defendant for the purpose of transporting
722     the defendant to the jurisdiction where the charge is pending.
723          Section 15. Section 77-20b-102 is amended to read:
724          77-20b-102. Time for bringing defendant to court.
725          (1) If notice of nonappearance is emailed to a surety [or surety insurer] under Section
726     77-20b-101, the surety [or surety insurer] may bring the defendant before the court or surrender
727     the defendant into the custody of a county sheriff within the state within [90 days after] six
728     months after the date of nonappearance, during which time a forfeiture action on the bail bond
729     may not be brought.
730          (2) A surety [or surety insurer] may request an extension of the [90-day] six-month
731     time period in Subsection (1), if the surety [or surety insurer] within that time:
732          (a) files a motion for extension with the court; and
733          (b) mails the motion for extension and a notice of hearing on the motion to the
734     prosecutor.
735          (3) The court may extend the [90-day] six-month time in Subsection (1) for not more
736     than 60 days, if the surety [or surety insurer] has complied with Subsection (2) and the court
737     finds good cause.
738          Section 16. Section 77-20b-104 is amended to read:
739          77-20b-104. Forfeiture of bail.
740          (1) If a surety [or surety insurer] fails to bring the defendant before the court within the
741     time provided in Section 77-20b-102, the prosecuting attorney may request the forfeiture of the
742     [bond] bail by:
743          (a) filing a motion for [bond] bail forfeiture with the court, supported by proof of
744     notice to the surety [or surety insurer] of the defendant's nonappearance; and
745          (b) emailing a copy of the motion to the surety [or surety insurer].
746          (2) A court shall enter judgment of [bond] bail forfeiture without further notice if the
747     court finds by a preponderance of the evidence:
748          (a) the defendant failed to appear as required;
749          (b) the surety [or surety insurer] was given notice of the defendant's nonappearance in
750     accordance with Section 77-20b-101;
751          (c) the surety [or surety insurer] failed to bring the defendant to the court within the
752     [90-day] six-month period under Section 77-20b-102; and
753          (d) the prosecutor has complied with the notice requirements under Subsection (1).
754          (3) If the surety [or surety insurer] shows by a preponderance of the evidence that it has
755     failed to bring the defendant before the court because the defendant is deceased through no act
756     of the surety [or surety insurer], the court may not enter judgment of [bond] bail forfeiture and
757     the bail bond is exonerated.
758          (4) The amount of [the bond] bail forfeited is the face amount of the bail bond, but if
759     the defendant is in the custody of another jurisdiction and the state extradites or intends to
760     extradite the defendant, the court may reduce the amount forfeited to the actual or estimated
761     costs of returning the defendant to the court's jurisdiction. A judgment under Subsection (5)
762     shall:
763          (a) identify the surety [or surety insurer] against whom judgment is granted;
764          (b) specify the amount of [the bond] bail forfeited;
765          (c) grant the forfeiture of the bail bond; and
766          (d) be docketed by the clerk of the court in the civil judgment docket.
767          (5) A prosecutor may immediately commence collection proceedings to execute a
768     judgment of bail bond forfeiture against the assets of the surety.
769          Section 17. Section 78A-2-220 is amended to read:
770          78A-2-220. Authority of magistrate.
771          (1) Except as otherwise provided by law, a magistrate as defined in Section 77-1-3
772     shall have the authority to:
773          (a) commit a person to incarceration prior to trial;
774          (b) set or deny bail under Section 77-20-1 and release upon the payment of [monetary]
775     bail and satisfaction of any other conditions of release;
776          (c) issue to any place in the state summonses and warrants of search and arrest and
777     authorize administrative traffic checkpoints under Section 77-23-104;
778          (d) conduct an initial appearance;
779          (e) conduct arraignments;
780          (f) conduct a preliminary examination to determine probable cause;
781          (g) appoint attorneys and order recoupment of attorney fees;
782          (h) order the preparation of presentence investigations and reports;
783          (i) issue temporary orders as provided by rule of the Judicial Council; and
784          (j) perform any other act or function authorized by statute.
785          (2) A judge of the justice court may exercise the authority of a magistrate specified in
786     Subsection (1) with the following limitations:
787          (a) a judge of the justice court may conduct an initial appearance, preliminary
788     examination, or arraignment as provided by rule of the Judicial Council; and
789          (b) a judge of the justice court may not [perform any act or function] set bail in a
790     capital felony nor deny bail in any case.
791          Section 18. Coordinating H.B. 220 with H.B. 58 -- Substantive amendments.
792          If this H.B. 220 and H.B. 58, Riot Amendments, both pass and become law, the
793     Legislature intends that the Office of Legislative Research and General Counsel prepare the
794     Utah Code database for publication by amending Subsection 77-20-1(3) in H.B. 220 to read:
795          "(3) (a) Any individual who may be admitted to bail may be released by posting bail in
796     the form and manner provided in Section 77-20-4, or on the individual's own recognizance, on
797     condition that the individual appear in court for future court proceedings in the case, and on
798     any other conditions imposed in the discretion of the magistrate or court in a pretrial status
799     order setting the terms and conditions of the individual's pretrial release that will reasonably:
800          (i) ensure the appearance of the accused;
801          (ii) ensure the integrity of the court process;
802          (iii) prevent direct or indirect contact with witnesses or victims by the accused, if
803     appropriate; and
804          (iv) ensure the safety of the public.
805          (b) An individual arrested for a violation of Subsection 76-9-101(4) may not be
806     released from custody before the individual appears before a magistrate or a judge."
807          Section 19. Coordinating H.B. 220 with H.B. 47 -- Substantive amendments and
808     technical renumbering.
809          If this H.B. 220 and H.B. 47, DUI Revisions, both pass and become law, it is the intent
810     of the Legislature that the Office of Legislative Research and General Counsel prepare the Utah
811     Code database for publication by:
812          (1) amending Subsection 77-20-1(6)(b)(ii) in H.B. 220 to read:
813          "(ii) would not unnecessarily intrude on the rights of the victim or place an undue
814     burden on the victim.";
815          (2) not making the changes to Subsection 77-20-1(3) in H.B. 47; and
816          (3) adding a new Subsection 77-20-1(11) to read:
817          "(11) Notwithstanding any other provisions of this section, there is a rebuttable
818     presumption that an individual is a substantial danger to the community:
819          (a) as long as the individual has a blood or breath alcohol concentration of .05 grams or
820     greater if the individual is arrested for or charged with the offense of driving under the
821     influence and the offense resulted in death or serious bodily injury to an individual; or
822          (b) if the individual has a measurable amount of controlled substance in the
823     individual's body, the individual is arrested for or charged with the offense of driving with a
824     measurable controlled substance in the body, and the offense resulted in death or serious bodily
825     injury to an individual."