1     
PRETRIAL AMENDMENTS

2     
2021 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Stephanie Pitcher

5     
Senate Sponsor: Todd D. Weiler

6     

7     LONG TITLE
8     General Description:
9          This bill outlines requirements for pretrial detention and the handling of citations.
10     Highlighted Provisions:
11          This bill:
12          ▸     requires that a magistrate make the determination to hold a person in pretrial
13     detention after arrest;
14          ▸     sets out required conditions for pretrial detention or release;
15          ▸     details offenses for which pretrial release may not be granted;
16          ▸     allows the court to permit a person who has received a citation to pay a fine rather
17     than appear in court;
18          ▸     directs the disposition of funds paid to the court when a person does not appear; and
19          ▸     makes technical and conforming corrections.
20     Money Appropriated in this Bill:
21          None
22     Other Special Clauses:
23          None
24     Utah Code Sections Affected:
25     AMENDS:
26          10-3-920, as last amended by Laws of Utah 2015, Chapter 99
27          17-32-1, as last amended by Laws of Utah 2015, Chapter 99

28          77-7-21, as last amended by Laws of Utah 2020, Chapter 185
29          77-7-23, as last amended by Laws of Utah 2018, Chapter 140
30          77-18a-1, as last amended by Laws of Utah 2020, Chapter 185
31          77-20-1, as last amended by Laws of Utah 2020, Chapters 142 and 185
32          77-20-4, as last amended by Laws of Utah 2020, Chapter 185
33          77-20-9, as last amended by Laws of Utah 2020, Chapter 185
34     ENACTS:
35          76-5-417, Utah Code Annotated 1953
36     

37     Be it enacted by the Legislature of the state of Utah:
38          Section 1. Section 10-3-920 is amended to read:
39          10-3-920. Bail commissioner -- Powers and duties.
40          (1) With the advice and consent of the city council and the board of commissioners in
41     other cities, the mayor of a city of the third, fourth, or fifth class may appoint from among the
42     officers and members of the police department of the city one or more discreet persons as a bail
43     commissioner.
44          (2) A bail commissioner shall have authority to fix and receive monetary bail for a
45     person arrested within the corporate limits of the city in accordance with the uniform [bail] fine
46     schedule adopted by the Judicial Council or a reasonable monetary bail for city ordinances not
47     contained in the schedule for:
48          (a) misdemeanors under the laws of the state; or
49          (b) violation of the city ordinances.
50          (3) A person who has been ordered by a bail commissioner to give monetary bail may
51     deposit with the bail commissioner the amount:
52          (a) in money, by cash, certified or cashier's check, personal check with check guarantee
53     card, money order, or credit card, if the bail commissioner has chosen to establish any of those
54     options; or
55          (b) by a bond issued by a licensed bail bond surety.
56          (4) Any money or bond collected by a bail commissioner shall be delivered to the
57     appropriate court within three days of receipt of the money or bond.
58          (5) The court may review the amount of bail ordered by a bail commissioner and

59     modify the amount of bail required for good cause.
60          Section 2. Section 17-32-1 is amended to read:
61          17-32-1. Powers and duties of bail commissioners.
62          (1) The county executive, with the advice and consent of the county legislative body,
63     may appoint one or more responsible and discreet members of the sheriff's department of the
64     county as a bail commissioner.
65          (2) A bail commissioner may:
66          (a) receive monetary bail for persons arrested in the county for a felony; and
67          (b) fix and receive bail for persons arrested in the county for a misdemeanor under the
68     laws of the state, or for a violation of any of the county ordinances in accordance with the
69     uniform [bail] fine schedule adopted by the Judicial Council or a reasonable monetary bail for
70     county ordinances not contained in the schedule.
71          (3) Any person who has been ordered by a magistrate, judge, or bail commissioner to
72     give monetary bail may deposit the amount with the bail commissioner:
73          (a) in money, by cash, certified or cashier's check, personal check with check guarantee
74     card, money order, or credit card, if the bail commissioner has chosen to establish any of those
75     options; or
76          (b) by a bond issued by a licensed bail bond surety.
77          (4) Any money or bond collected by a bail commissioner shall be delivered to the
78     appropriate court within three days of receipt of the money or bond.
79          (5) The court may review the amount of monetary bail ordered by a bail commissioner
80     and may modify the amount of bail required for good cause.
81          Section 3. Section 76-5-417 is enacted to read:
82          76-5-417. Appearance of defendant required -- Considerations by court.
83          (1) A defendant who has been arrested for a sexual offense shall appear in person or by
84     video before the court or a magistrate within one judicial day after the day on which the arrest
85     is made.
86          (2) A defendant who has been charged by citation, indictment, or information with a
87     sexual offense but has not been arrested, shall appear before the court in person for arraignment
88     or initial appearance as soon as practicable, but no later than 14 days after the next day on
89     which court is in session following the issuance of the citation or the filing of the indictment or

90     information.
91          (3) At the time of an appearance under Subsection (1) or (2), the court shall consider
92     imposing a pretrial protective order in accordance with Section 78B-7-803.
93          (4) Appearances required by this section are mandatory and may not be waived.
94          Section 4. Section 77-7-21 is amended to read:
95          77-7-21. Proceeding on citation -- Voluntary remittance of fine -- Parent
96     signature required -- Information, when required.
97          (1) (a) A citation filed with the court may, with the consent of the defendant, serve in
98     lieu of an information to which the defendant may plead guilty or no contest to the charge or
99     charges listed and be sentenced accordingly.
100          (b) If provided by the uniform fine schedule described in Section 76-3-301.5, or with
101     the court's approval, an individual may remit the fine and other penalties without a personal
102     appearance before the court in any case charging a class B misdemeanor or lower offense,
103     unless the charge is:
104          (i) a domestic violence offense as defined in Section 77-36-1;
105          (ii) a violation of Section 41-6a-502, driving under the influence of alcohol, drugs, or a
106     combination of both or with specified or unsafe blood alcohol concentration;
107          (iii) a violation of Section 41-6a-517, driving with any measurable controlled substance
108     in the body;
109          (iv) a violation of a local ordinance similar to the offenses described in Subsections
110     (1)(b)(i) through (iii); or
111          (v) a violation that appears to:
112          (A) affect a victim, as defined in Section 77-38a-102; or
113          (B) require restitution, as defined in Section 77-38a-102.
114          (c) The remittal of fines and other penalties shall be entered as a conviction and treated
115     the same as if the accused pleaded no contest.
116          (d) If the [person] individual cited is under 18 years of age, the court shall promptly
117     mail a copy or notice of the citation to the address as shown on the citation, to the attention of
118     the parent or guardian of the defendant.
119          (2) If the individual pleads not guilty to the offense charged, further proceedings shall
120     be held in accordance with the Rules of Criminal Procedure and all other applicable provisions

121     of this code.
122          Section 5. Section 77-7-23 is amended to read:
123          77-7-23. Delivery of prisoner arrested without warrant to magistrate -- Transfer
124     to court with jurisdiction -- Transfer of duties -- Violation as misdemeanor.
125          (1) (a) When an arrest is made without a warrant by a peace officer or private person,
126     the [person] individual arrested shall be [taken] presented without unnecessary delay to [the] a
127     magistrate in the district court, the precinct of the county, or the municipality in which the
128     offense occurred, except under Subsection (2). [An information stating the charge against the
129     person shall be made before the magistrate] A sworn statement containing the facts known to
130     support probable cause to believe the individual has committed a crime shall be presented to
131     the magistrate in accordance with Section 77-2-1.1 and the Utah Rules of Criminal Procedure.
132          (b) If the justice court judge of the precinct or municipality or the district court judge is
133     not available, the arrested [person] individual shall be taken before the magistrate within the
134     same county who is nearest to the scene of the alleged offense or nearest to the jail under
135     Subsection (2), who may act as committing magistrate for arraigning the accused, setting bail,
136     or issuing warrants.
137          (2) (a) If the arrested [person] individual under Subsection (1) must be transported
138     from jail to a magistrate, the [person] individual may be taken before the magistrate nearest to
139     the jail rather than the magistrate specified in Subsection (1) for arraignment, setting bail, or
140     issuing warrants.
141          (b) The case shall then be transferred to the court having jurisdiction.
142          (3) If a jail accepts custody of [a person] an individual arrested under Subsection (1),
143     the duties under this section of the peace officer or private person who makes the arrest are
144     transferred to the jail and the jail's personnel.
145          (4) A magistrate shall order an individual held without bail if the magistrate determines
146     probable cause exists to believe that the individual committed:
147          (a) a capital or first degree felony;
148          (b) a felony committed while on probation or parole;
149          (c) a felony when the magistrate finds probable cause to believe that the individual
150     would constitute a substantial danger to any other individual or to the community, or is likely
151     to flee the jurisdiction of the court, if released prior to prosecutors having an opportunity to file

152     charges;
153          (d) a felony when the magistrate finds there is probable cause to believe that the
154     individual violated a material condition of release while previously on bail;
155          (e) a domestic violence offense if the magistrate finds probable cause to believe that
156     the individual would constitute a substantial danger to an alleged victim of domestic violence if
157     released prior to prosecutors having an opportunity to file charges; or
158          (f) a violation of a protective order, stalking injunction, or violation of a jail release
159     agreement or jail release order pursuant to Section 78B-7-802 if the magistrate finds probable
160     cause to believe that the suspect would constitute a danger to an individual protected by the
161     order, injunction, or agreement.
162          (5) For individuals arrested for any offense not described in Subsections (4)(a) through
163     (f), a magistrate shall make an initial pretrial determination by considering the factors in
164     Subsections 77-20-1(3)(b)(i) through (iv).
165          (6) Upon the filing of charges, or upon the expiration of the time to file charges for an
166     in-custody defendant, the magistrate's order denying release, or setting conditions of release,
167     shall be superseded by the pretrial status order issued under Subsection 77-20-1(3)(a).
168          [(4)] (7) This section does not confer jurisdiction upon a court unless otherwise
169     provided by law.
170          [(5)] (8) Any officer or [person violating] individual who violates this section is guilty
171     of a class B misdemeanor.
172          Section 6. Section 77-18a-1 is amended to read:
173          77-18a-1. Appeals -- When proper.
174          (1) A defendant may, as a matter of right, appeal from:
175          (a) a final judgment of conviction, whether by verdict or plea;
176          (b) an order made after judgment that affects the substantial rights of the defendant;
177          (c) an order adjudicating the defendant's competency to proceed further in a pending
178     prosecution; or
179          [(d) an order denying bail, as provided in Section 77-20-1.]
180          (d) a pretrial status order under Section 77-20-1.
181          (2) In addition to any appeal permitted by Subsection (1), a defendant may seek
182     discretionary appellate review of any interlocutory order.

183          (3) The prosecution may, as a matter of right, appeal from:
184          (a) a final judgment of dismissal, including a dismissal of a felony information
185     following a refusal to bind the defendant over for trial;
186          (b) a pretrial order dismissing a charge on the ground that the court's suppression of
187     evidence has substantially impaired the prosecution's case;
188          (c) an order granting a motion to withdraw a plea of guilty or no contest;
189          (d) an order arresting judgment or granting a motion for merger;
190          (e) an order terminating the prosecution because of a finding of double jeopardy or
191     denial of a speedy trial;
192          (f) an order granting a new trial;
193          (g) an order holding a statute or any part of it invalid;
194          (h) an order adjudicating the defendant's competency to proceed further in a pending
195     prosecution;
196          (i) an order finding, pursuant to Title 77, Chapter 19, Part 2, Competency for
197     Execution, that an inmate sentenced to death is incompetent to be executed;
198          (j) an order reducing the degree of offense pursuant to Section 76-3-402; [or]
199          (k) an illegal sentence[.]; or
200          (l) a pretrial status order under Section 77-20-1.
201          (4) In addition to any appeal permitted by Subsection (3), the prosecution may seek
202     discretionary appellate review of any interlocutory order entered before jeopardy attaches.
203          Section 7. Section 77-20-1 is amended to read:
204          77-20-1. Right to bail -- Pretrial status order -- Denial of bail -- Detention hearing
205     -- Motion to modify.
206          (1) As used in this chapter:
207          (a) "Bail bond agency" means the same as that term is defined in Section 31A-35-102.
208          (b) "Financial condition" or "monetary bail" means any monetary condition that may be
209     imposed under Section 77-20-4 to secure an individual's pretrial release.
210          (c) "Pretrial release" or "bail" means release of an individual charged with or arrested
211     for a criminal offense from law enforcement or judicial custody during the time the individual
212     awaits trial or other resolution of the criminal charges.
213          (d) "Pretrial status order" means an order issued by the court exercising jurisdiction

214     over an individual charged with a criminal offense that sets the terms and conditions of the
215     individual's pretrial release or denies pretrial release and orders that the individual be detained
216     pending resolution of the criminal charges.
217          (e) "Substantial evidence" means evidence that is beyond a scintilla and that a
218     reasonable mind would accept as adequate to support a conclusion. Substantial evidence does
219     not require witness testimony.
220          [(e)] (f) "Surety" and "sureties" mean a surety insurer or a bail bond agency.
221          [(f)] (g) "Surety insurer" means the same as that term is defined in Section
222     31A-35-102.
223          (2) An individual charged with [or arrested for] a criminal offense shall be admitted to
224     bail as a matter of right, except if the individual is charged with a:
225          (a) capital felony, when the court finds there is substantial evidence to support the
226     charge;
227          (b) felony committed while on probation or parole, or while free on bail awaiting trial
228     on a previous felony charge, when the court finds there is substantial evidence to support the
229     current felony charge;
230          (c) felony when there is substantial evidence to support the charge and the court finds
231     by clear and convincing evidence that the individual would constitute a substantial danger to
232     any other individual or to the community, or is likely to flee the jurisdiction of the court, if
233     released on bail;
234          (d) felony when the court finds there is substantial evidence to support the charge and
235     the court finds by clear and convincing evidence that the individual violated a material
236     condition of release while previously on bail; or
237          (e) domestic violence offense, or a violation of a jail release agreement or jail release
238     court order issued in accordance with Section 78B-7-802, if the court finds:
239          (i) that there is substantial evidence to support the charge; and
240          (ii) by clear and convincing evidence, that the individual would constitute a substantial
241     danger to an alleged victim of domestic violence if released on bail.
242          (3) (a) A court exercising jurisdiction over an individual charged with [or arrested for]
243     a criminal offense shall issue a pretrial status order designating the conditions to be imposed
244     upon the individual's release or ordering that the individual be detained under this section

245     during the time the individual awaits trial or other resolution of the criminal charges.
246          (b) A court granting pretrial release shall impose [the least restrictive reasonably
247     available conditions of release] on the individual who is the subject of the pretrial status order
248     [that the court determines will reasonably] only the release conditions reasonably available and
249     necessary to ensure:
250          (i) the individual's appearance in court when required;
251          (ii) the safety of any witnesses or victims of the offense allegedly committed by the
252     individual;
253          (iii) the safety and welfare of the public; and
254          (iv) that the individual will not obstruct or attempt to obstruct the criminal justice
255     process.
256          (c) (i) The court shall issue the pretrial status order without unnecessary delay.
257          (ii) If a prosecutor [files a motion] moves for detention under Subsection (6), the court
258     may delay issuing the pretrial status order until after hearing the motion to detain if the court
259     finds:
260          (A) the prosecutor's motion states a reasonable case for detention; and
261          (B) detaining the defendant until after the motion is heard is in the interests of justice
262     and public safety.
263          (4) (a) Except as otherwise provided in this section or Section 78B-7-802, the court
264     shall order that an individual charged with a criminal offense be released on the individual's
265     own recognizance, on condition that the individual appear at all required court proceedings, if
266     the court finds that additional conditions are not necessary to reasonably ensure compliance
267     with Subsection (3)(b).
268          (b) The court shall impose additional release conditions if the court finds that
269     additional release conditions are necessary to reasonably ensure compliance with Subsection
270     (3)(b). The conditions imposed may include that the individual:
271          (i) not commit a federal, state, or local offense during the period of release;
272          (ii) avoid contact with a victim or victims of the alleged offense;
273          (iii) avoid contact with a witness or witnesses who may testify concerning the alleged
274     offense that are named in the pretrial status order;
275          (iv) not use or consume alcohol, or any narcotic drug or other controlled substance

276     except as prescribed by a licensed medical practitioner;
277          (v) submit to drug or alcohol testing;
278          (vi) complete a substance abuse evaluation and comply with any recommended
279     treatment or release program;
280          (vii) submit to electronic monitoring or location device tracking;
281          (viii) participate in inpatient or outpatient medical, behavioral, psychological, or
282     psychiatric treatment;
283          (ix) maintain employment, or if unemployed, actively seek employment;
284          (x) maintain or commence an education program;
285          (xi) comply with limitations on where the individual is allowed to be located or the
286     times the individual shall be or may not be at a specified location;
287          (xii) comply with specified restrictions on personal associations, place of residence, or
288     travel;
289          (xiii) report to a law enforcement agency, pretrial services program, or other designated
290     agency at a specified frequency or on specified dates;
291          (xiv) comply with a specified curfew;
292          (xv) forfeit or refrain from possession of a firearm or other dangerous weapon;
293          (xvi) if the individual is charged with an offense against a child, is limited or denied
294     access to any location or occupation where children are, including any residence where children
295     are on the premises, activities including organized activities in which children are involved,
296     locations where children congregate, or where a reasonable person should know that children
297     congregate;
298          (xvii) comply with requirements for house arrest;
299          (xviii) return to custody for a specified period of time following release for
300     employment, schooling, or other limited purposes;
301          (xix) remain in the custody of one or more designated individuals who agree to
302     supervise and report on the behavior and activities of the individual charged and to encourage
303     compliance with all court orders and attendance at all required court proceedings;
304          (xx) comply with a financial condition; or
305          (xxi) comply with any other condition that is necessary to reasonably ensure
306     compliance with Subsection (3)(b).

307          (c) If the court determines a financial condition, other than an unsecured bond, is
308     necessary to impose on an individual as part of the individual's pretrial release, the court shall
309     consider the individual's ability to pay when determining the amount of the financial condition.
310          (5) In making a determination under [Subsection (3)] Subsections (3) and (4), the
311     court:
312          (a) may rely on [the following:(a)] information contained in any form of pretrial
313     services assessment;
314          (b) shall, if presented, consider:
315          [(b)] (i) the nature and circumstances of the offense or offenses charged, including
316     whether the charges include a violent offense and the vulnerability of witnesses or alleged
317     victims;
318          [(c)] (ii) the nature and circumstances of the individual, including the individual's
319     character, physical and mental health, family and community ties, employment status and
320     history, financial resources, past criminal conduct, history of drug or alcohol abuse, and history
321     of timely appearances at required court proceedings;
322          [(d)] (iii) the potential danger to another individual or individuals posed by the release
323     of the individual;
324          [(e)] (iv) [if] whether the individual was on probation, parole, or release pending an
325     upcoming court proceeding at the time the individual allegedly committed the offense;
326          (v) whether the individual violated a material condition of release while previously on
327     bail; and
328          (vi) other evidence relevant to the individual's likelihood of fleeing or violating the law
329     if released; and
330          (c) may consider:
331          [(f)] (i) the availability of other individuals who agree to assist the individual in
332     attending court when required or other evidence relevant to the individual's opportunities for
333     supervision in the individual's community; and
334          [(g)] (ii) the eligibility and willingness of the individual to participate in various
335     treatment programs, including drug treatment[; or].
336          [(h) other evidence relevant to the individual's likelihood of fleeing or violating the law
337     if released.]

338          (6) (a) If the criminal charges filed against the individual include one or more offenses
339     eligible for detention under Subsection (2) or Utah Constitution, Article I, Section 8, the
340     prosecution may [file a motion] move for pretrial detention.
341          (b) Upon receiving a motion under Subsection (6)(a), the court shall set a hearing on
342     the matter as soon as practicable.
343          (c) The individual who is the subject of the detention hearing has the right to be
344     represented by counsel at the pretrial detention hearing and, if a court finds the individual is
345     indigent under Section 78B-22-202, the court shall appoint counsel to represent the individual
346     in accordance with Section 78B-22-203.
347          (d) The court shall give both parties the opportunity to make arguments and to present
348     relevant evidence at the detention hearing.
349          (7) After hearing evidence on a motion for pretrial detention, the court may detain the
350     individual if:
351          (a) the individual is accused of committing an offense that qualifies the individual for
352     detention under Subsection (2) or Utah Constitution, Article I, Section 8;
353          (b) the prosecution demonstrates substantial evidence to support the charge, and meets
354     all additional evidentiary burdens required under Subsection (2) or Utah Constitution, Article I,
355     Section 8; and
356          (c) the court finds that no conditions that may be imposed upon granting the individual
357     pretrial release will reasonably ensure compliance with Subsection (3)(b).
358          (8) (a) If an individual is charged with a criminal offense described in Subsection
359     (8)(b) and there is substantial evidence to support the charge, there is a rebuttable presumption
360     that the individual be detained.
361          (b) Criminal charges that create a rebuttable presumption of detention under
362     Subsection (8)(a) include:
363          (i) criminal homicide as defined in Section [75-5-201] 76-5-201; and
364          (ii) any offense for which the term of imprisonment may include life.
365          (c) The individual may rebut the presumption of detention by demonstrating, by [a
366     preponderance of the] clear and convincing evidence, that specified conditions of release will
367     reasonably ensure compliance with Subsection (3)(b).
368          (9) Except as otherwise provided, the court issuing a pretrial warrant of arrest shall

369     issue the initial pretrial status order.
370          [(10) (a) An individual arrested for a violation of a jail release agreement or jail release
371     court order issued in accordance with Section 78B-7-802:]
372          [(i) may be denied pretrial release by the court under Subsection (2); and]
373          [(ii) if denied pretrial release, may not be released before the individual's initial
374     appearance before the court.]
375          [(b) Nothing in this section precludes or nullifies a jail release agreement or jail release
376     order required under Section 78B-7-802.]
377          [(11)] (10) (a) A motion to modify the initial pretrial status order may be made by a
378     party at any time upon notice to the opposing party sufficient to permit the opposing party to
379     prepare for hearing and to permit each alleged victim to be notified and be present.
380          (b) Hearing on a motion to modify a pretrial status order may be held in conjunction
381     with a preliminary hearing or any other pretrial hearing.
382          [(c) The court may rely on information as provided in Subsection (5) and may base its
383     ruling on evidence provided at the hearing so long as each party is provided an opportunity to
384     present additional evidence or information relevant to bail.]
385          (c) The provisions of Subsection (5) shall govern the information and considerations
386     for determining whether to modify the pretrial release order.
387          (d) The court shall consider any violation of a jail release agreement or jail release
388     order issued under Section 78B-7-802.
389          (e) The court may base its ruling on evidence provided at the hearing so long as each
390     party is provided an opportunity to present additional evidence or information relevant to
391     pretrial release.
392          [(12)] (11) Subsequent motions to modify a pretrial status order may be made only
393     upon a showing that there has been a material change in circumstances.
394          (12) Following the issuance of a pretrial status order, if an individual fails to appear in
395     court when required, or violates any material term of a pretrial status order the court may:
396          (a) issue a no bail warrant; or
397          (b) impose any other conditions necessary to comply with Subsection (3)(b).
398          (13) An appeal may be taken from an order of a court denying bail to the Utah Court of
399     Appeals pursuant to the Utah Rules of Appellate Procedure, which shall review the

400     determination under Subsection (7).
401          (14) For purposes of this section, any [arrest or] charge for a violation of Section
402     76-5-202, Aggravated murder, is a capital felony unless:
403          (a) the prosecutor files a notice of intent to not seek the death penalty; or
404          (b) the time for filing a notice to seek the death penalty has expired and the prosecutor
405     has not filed a notice to seek the death penalty.
406          Section 8. Section 77-20-4 is amended to read:
407          77-20-4. Bail to be posted in cash, by credit or debit card, or by written
408     undertaking -- Specific monetary bail methods.
409          (1) (a) Except as provided in Subsection (2), the judge or magistrate shall set bail at a
410     single amount per case or charge.
411          (b) Subject to Subsection (2), a defendant may choose to post the amount described in
412     Subsection (1)(a) by any of the following methods:
413          (i) in cash;
414          (ii) by written undertaking with sureties;
415          (iii) by written undertaking without sureties, at the discretion of the judge or
416     magistrate; or
417          (iv) by credit or debit card, at the discretion of the judge or bail commissioner.
418          (2) A judge or magistrate may limit a defendant to a specific method of posting
419     monetary bail described in Subsection (1)(b)(i), (ii), (iii), or (iv):
420          (a) if, after charges are filed, the defendant fails to appear in the case on a bond and the
421     case involves a violent offense;
422          (b) in order to allow the defendant to voluntarily [forfeit monetary bail] remit the fine
423     in accordance with Section 77-7-21 and the offense with which the defendant is charged is
424     listed in the shared master offense table as one for which an appearance is not mandatory;
425          (c) if the defendant has failed to respond to a citation or summons and the offense with
426     which the defendant is charged is listed in the shared master offense table as one for which an
427     appearance is not mandatory;
428          (d) if a warrant is issued for the defendant solely for failure to pay a criminal judgment
429     account receivable, as defined in Section 77-32a-101, and the defendant's monetary bail is
430     limited to the amount owed; or

431          (e) if a court has entered a judgment of bond forfeiture under Section 77-20b-104 in
432     any case involving the defendant.
433          (3) Monetary bail may not be accepted without receiving in writing at the time the
434     monetary bail is posted the current mailing address, telephone number, and email address of
435     the surety.
436          (4) Monetary bail paid by debit or credit card, less the fee charged by the financial
437     institution, shall be tendered to the courts.
438          (5) Monetary bail refunded by the court may be refunded by credit to the debit or credit
439     card, or cash. The amount refunded shall be the full amount received by the court under
440     Subsection (4), which may be less than the full amount of the monetary bail set by the court.
441          (6) Before refunding monetary bail that is posted by the defendant in cash, by credit
442     card, or by debit card, the court may apply the amount posted toward accounts receivable, as
443     defined in Section 77-32a-101, that are owed by the defendant in the priority set forth in
444     Section 77-38a-404.
445          Section 9. Section 77-20-9 is amended to read:
446          77-20-9. Disposition of forfeitures.
447          If by reason of the neglect of the defendant to appear, money deposited as a financial
448     condition or money paid by sureties on bond is forfeited and the forfeiture is not discharged or
449     remitted, the clerk with whom it is deposited or paid shall, immediately after final adjournment
450     of the court, pay over the money forfeited as follows:
451          (1) the forfeited amount in cases in precinct justice courts or in municipal justice courts
452     shall be distributed as provided in Sections 78A-7-120 and 78A-7-121; [and]
453          [(2) in all other cases:]
454          (2) in cases where the financial condition was paid by a surety:
455          (a) 60% of the forfeited [bond] amount shall be paid to the Pretrial Release Programs
456     Special Revenue Fund established in Section 63M-7-215;
457          (b) [25%] 20% of the forfeited [bond] amount shall be paid to the General Fund; and
458          (c) [15%] 20% of the forfeited [bond] amount shall be paid to the prosecuting agency
459     that brings an action to collect under Section 77-20b-104[.]; and
460          (3) in cases where the financial condition was paid without the assistance of a surety:
461          (a) 75% of the forfeited amount shall be paid to the Pretrial Release Programs Special

462     Revenue Fund established in Section 63M-7-215; and
463          (b) 25% of the forfeited amount shall be paid to the General Fund.