Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 381 First Substitute (2016GS)

Sponsor

Rep. Christensen, L.

Final action

Governor Signed 3/22/2016

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• sets standards for a summons to be issued for a person accused of committing a crime instead of a warrant; and
• requires that the magistrate issue a summons if the magistrate finds that the accused is likely to appear and is not:
• a danger to the community;
• a flight risk; or
• a danger to other persons or property.

Every vote on this bill

Bill text

STANDARDS FOR ISSUANCE OF SUMMONS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: LaVar Christensen
Senate Sponsor: 
Mark B. Madsen
LONG TITLE
General Description:
This bill requires that a summons be issued before an arrest warrant under certain
circumstances.
Highlighted Provisions:
This bill:
▸ sets standards for a summons to be issued for a person accused of committing a
crime instead of a warrant; and
▸ requires that the magistrate issue a summons if the magistrate finds that the accused
is likely to appear and is not:
• a danger to the community;
• a flight risk; or
• a danger to other persons or property.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
77-7-5
, as last amended by Laws of Utah 2010, Chapter 324
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
77-7-5
 is amended to read:
77-7-5.
Issuance of summons or warrant -- Time and place arrests may be made
-- Contents of warrant or summons -- Responsibility for transporting prisoners -- Court
clerk to dispense restitution for transportation.
(1) A magistrate may issue a warrant for arrest 
in lieu of a summons for the appearance
of the accused only
 upon finding
:
(a)
 probable cause to believe that the person to be arrested has committed a public
offense[
.
]
; and
(b) under the Utah Rules of Criminal Procedure, and this section that a warrant is
necessary to:
(i) prevent risk of injury to a person or property;
(ii) secure the appearance of the accused; or
(iii) protect the public safety and welfare of the community or an individual.
(2)
 If the offense charged is:
(a) a felony, the arrest upon a warrant may be made at any time of the day or night; or
(b) a misdemeanor, the arrest upon a warrant can be made at night only if:
(i) the magistrate has endorsed authorization to do so on the warrant;
(ii) the person to be arrested is upon a public highway, in a public place, or in a place
open to or accessible to the public; or
(iii) the person to be arrested is encountered by a peace officer in the regular course of
that peace officer's investigation of a criminal offense unrelated to the misdemeanor warrant for
arrest.
[
(2)
] 
(3)
 For the purpose of Subsection (1):
(a) daytime hours are the hours of 6 a.m. to 10 p.m.; and
(b) nighttime hours are the hours after 10 p.m. and before 6 a.m.
[
(3)
] 
(4)
 (a) If the magistrate determines that the accused must appear in court, the
magistrate shall include in the arrest warrant the name of the law enforcement agency in the
county or municipality with jurisdiction over the offense charged.
(b) (i) The law enforcement agency identified by the magistrate under Subsection [
(3)
]
(4)
(a) is responsible for providing inter-county transportation of the defendant, if necessary,
from the arresting law enforcement agency to the court site.
(ii) The law enforcement agency named on the warrant may contract with another law
enforcement agency to have a defendant transported.
(c) (i) The law enforcement agency identified by the magistrate under Subsection [
(3)
]
(4)
(a) as responsible for transporting the defendant shall provide to the court clerk of the court
in which the defendant is tried, an affidavit stating that the defendant was transported,
indicating the law enforcement agency responsible for the transportation, and stating the
number of miles the defendant was transported.
(ii) The court clerk shall account for restitution paid under Subsection 
76-3-201
(5) for
governmental transportation expenses and dispense restitution money collected by the court to
the law enforcement agency responsible for the transportation of a convicted defendant.