This document includes House Committee Amendments incorporated into the bill on Tue, Jan 30, 2024 at 10:23 AM by housengrossing.
1     
FORCIBLE ENTRY WARRANT AMENDMENTS

2     
2024 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Matthew H. Gwynn

5     
Senate Sponsor: Michael K. McKell

6     

7     LONG TITLE
8     General Description:
9          This bill amends the requirements for law enforcement officers to forcibly enter a
10     premises.
11     Highlighted Provisions:
12          This bill:
13          ▸     defines terms;
14          ▸     provides an exception to the requirement that a law enforcement officer knock and
15     demand admission and wait a reasonable time before forcibly entering a premises in
16     certain circumstances; and
17          ▸     makes technical and conforming changes.
18     Money Appropriated in this Bill:
19          None
20     Other Special Clauses:
21          None
22     Utah Code Sections Affected:
23     AMENDS:
24          77-7-8, as last amended by Laws of Utah 2022, Chapter 131
25          77-7-8.1, as enacted by Laws of Utah 2022, Chapter 131
26     

27     Be it enacted by the Legislature of the state of Utah:
28          Section 1. Section 77-7-8 is amended to read:
29          77-7-8. Forcible entry to conduct search or make arrest -- Conditions requiring a
30     warrant.
31          (1) As used in this section:
32          (a) "Daytime hours" means the same as that term is defined in Section 77-7-5.
33          (b) ["Forcible entry"] "Forcibly enter" means entering any [building, room,
34     conveyance, compartment, or other enclosure] premises by force.
35          (c) "Knock" means to knock with reasonably strong force in a quick succession of three
36     or more contacts with a door or other point of entry into a building that would allow the
37     occupant to reasonably hear the peace officer's demand for entry.
38          (d) "Knock and announce warrant" means a lawful search warrant that authorizes entry
39     into a building after knocking and demanding entry onto [property or building as outlined] a
40     premises described in Subsection (2).
41          (e) "Nighttime hours" means the same as that term is defined in Section 77-7-5.
42          (f) "Peace officer" means the same as that term is defined in Section 53-1-102.
43          (g) "Premises" means any Ĥ→ [property,] ←Ĥ building, room, conveyance, compartment,
43a     or other
44     enclosure.
45          [(f)] (h) (i) "Supervisory official" means a command-level officer [and].
46          (ii) "Supervisory official" includes [all sheriffs, heads of law enforcement agencies] a
47     sheriff, a head of a law enforcement agency, and [all] a supervisory enforcement [officers]
48     officer equivalent to a sergeant rank or higher.
49          (2) (a) Subject to the provisions of this [subsection, an] Subsection (2), a peace officer
50     when making a lawful arrest, or serving a [lawful] knock and announce warrant, may [make
51     forcible entry] forcibly enter a premises:
52          (i) [where the person] if the individual to be arrested is located[,] within the premises;
53     or
54          (ii) [where] if there is probable cause [for believing the person to be] to believe that the
55     individual is located within the premises.
56          (b) (i) [Before making the forcible entry, the] Subject to Subsection (3), before forcibly
57     entering a premises as described in Subsection (2)(a), a peace officer shall:
58          [(i)] (A) wear readily identifiable markings, including a badge and vest or clothing with
59     a distinguishing label or other writing [which] that identifies the [person] individual as a law
60     enforcement officer;
61          [(ii)] (B) audibly identify himself or herself as a law enforcement officer;
62          [(iii)] (C) knock and demand admission more than once;
63          [(iv)] (D) wait a reasonable period of time for an occupant to admit access after
64     knocking and demanding admission; and
65          [(v)] (E) explain the purpose for which admission is desired.
66          (3) [(c)] (a) [(i) The officer need not knock, give a demand and explanation, or identify
67     himself or herself, before making a forcible entry] A peace officer does not need to:
68          (i) comply with the requirements of Subsection (2)(b)(i)(B), (2)(b)(i)(C), (2)(b)(i)(D),
69     and (2)(b)(i)(E) before forcibly entering a premises:
70          (A) under the exceptions in Section 77-7-6 or 77-7-8.1;
71          (B) where there is probable cause to believe exigent circumstances exist due to the
72     destruction of evidence; or
73          (C) where there is reasonable suspicion to believe exigent circumstances exist due to
74     the physical safety of [an] a peace officer or individual inside or in near proximity to the
75     [building.] premises; or
76          (ii) comply with the requirements described in Subsections (2)(b)(i)(C) and (2)(b)(i)(D)
77     before forcibly entering a premises if the officer, or another peace officer:
78          (A) has been near the premises for an extended amount of time and a reasonable person
79     would conclude that an individual on the premises knows or should know that a peace officer is
80     present;
81          (B) has demanded admission Ĥ→ and announced an intent to enter the premises more
81a     than once ←Ĥ ; and
82          (C) has complied with Subsections (2)(b)(i)(A), (2)(b)(i)(B), and (2)(b)(i)(E).
83          [(ii)] (b) [The] If a peace officer forcibly enters a premises under Subsection (3)(a)(i),
84     the peace officer shall identify himself or herself and state the purpose for entering the
85     premises as soon as practicable after entering the premises.
86          [(d)] (4) The peace officer may use only that force [which] that is reasonable and
87     necessary to [effectuate forcible entry] forcibly enter a premises under this section.
88          [(3)] (5) Subject to Subsection [(4)] (6), if the [building] premises to be entered under
89     Subsection [(2)] (2)(a) appears to be a private residence or the peace officer knows the
90     [building] premises is a private residence, and if there is no consent to enter or there are no
91     exigent circumstances, the peace officer shall, before entering the [building] premises:
92          (a) obtain an arrest or search warrant if the [building] premises is the residence of the
93     [person] individual to be arrested; or
94          (b) obtain a search warrant if the building is a private residence, but not the residence
95     of the [person] individual whose arrest is sought.
96          [(4)] (6) Before seeking a warrant from a judge or magistrate under Subsection [(2)]
97     (2)(a), a supervisory official shall, using the peace officer's affidavit:
98          (a) independently perform an assessment to evaluate the totality of the circumstances;
99          (b) ensure reasonable intelligence gathering efforts have been made;
100          (c) ensure a threat assessment was completed on the [person or building] individual or
101     premises to be searched; and
102          (d) determine either that there is a sufficient basis to support seeking a warrant or
103     require that the peace officer continue evidence gathering efforts.
104          [(5)] (7) Notwithstanding any other provision of this chapter, [forcible entry under this
105     section] a peace officer may not [be made] forcibly enter a premises based solely [for the
106     alleged] on:
107          (a) the alleged possession or use of a controlled substance under Section 58-37-8; or
108          (b) [the] the alleged possession of drug paraphernalia as defined in Section 58-37a-3.
109          [(6)] (8) All arrest warrants are subject to the conditions [set forth] described in
110     Subsection 77-7-5(2).
111          [(7)] (9) [Unless specifically requested by the affiant and approved by a judge or
112     magistrate, all knock and announce warrants shall be served] A peace officer shall serve a
113     knock and announce warrant during daytime hours unless a peace officer has requested, and a
114     judge or magistrate has approved, for the warrant to be served during nighttime hours.
115          Section 2. Section 77-7-8.1 is amended to read:
116          77-7-8.1. Forcible entry to conduct a search -- Conditions requiring a warrant --
117     No-knock warrants.
118          (1) As used in this section:
119          (a) "Daytime hours" means the same as that term is defined in Section 77-7-5.
120          (b) ["Forcible entry"] "Forcibly enter" means the same as that term is defined in
121     Section 77-7-8.
122          (c) "Nighttime hours" means the same as that term is defined in Section 77-7-5.
123          (d) "No-knock warrant" means a lawful search warrant that authorizes entry [into a
124     building] onto a premises without notice to any occupant [in the property or building] on the
125     premises at the time of service.
126          (e) "Supervisory official" means the same as that term is defined in Section 77-7-8.
127          (f) "Peace officer" means the same as that term is defined in Section 53-1-102.
128          (g) "Premises" means any property, building, room, conveyance, compartment, or other
129     enclosure.
130          (2) Subject to the provisions of this section, [an] a peace officer serving a lawful
131     no-knock warrant may [make a forcible entry onto the property or building] forcibly enter a
132     premises to be searched without notice.
133          (3) Before seeking a no-knock warrant from a judge or magistrate under Subsection
134     (2), a supervisory official shall, using the peace officer's affidavit:
135          (a) independently perform an assessment to evaluate the totality of the circumstances;
136          (b) ensure reasonable intelligence gathering efforts have been made;
137          (c) ensure a threat assessment was completed on the [person or building] individual or
138     premises to be searched; and
139          (d) determine either that there is a sufficient basis to support seeking a warrant or
140     require that the peace officer continue evidence gathering efforts.
141          (4) (a) The affidavit for a no-knock warrant shall describe:
142          (i) why the peace officer believes the suspect is unable to be detained or the residence
143     searched using less invasive or less confrontational methods;
144          (ii) investigative activities that have been undertaken to ensure that the correct
145     [building] premises is identified and that potential harm to innocent third parties, the [building]
146     premises, and officers may be minimized; or
147          (iii) the present or imminent threat of serious bodily injury or death to [a person] an
148     individual inside, outside, or in near proximity to the [building] premises.
149          (b) [A] A peace office shall serve a no-knock warrant [shall be served] during daytime
150     hours unless [the] a peace officer's affidavit states sufficient grounds to believe a search is
151     necessary during nighttime hours.
152          (5) [Upon serving a no-knock warrant, an] An officer shall wear readily identifiable
153     markings when serving a no-knock warrant, including a badge and vest or clothing with a
154     distinguishing label or other writing [which] that shows that the [person] individual is a [law
155     enforcement] peace officer.
156          (6) Notwithstanding any other provision of this chapter, [an] a peace officer may not
157     request a no-knock warrant if the warrant is solely for a misdemeanor investigation.
158          Section 3. Effective date.
159          This bill takes effect on May 1, 2024.