S.B. 251 - Local Government Criminal Penalty Amendments

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Bill

Local Government Criminal Penalty Amendments

Number: S.B. 251 (2017GS)
Sponsor: Sen. Thatcher, D.
Final action: Governor Signed 3/23/2017
Outcome: Became law — signed by Gov. Gary R. Herbert

Summary

This bill makes changes to local ordinance enforcement practice.

What it does

This bill:
requires that only a law enforcement officer may enforce a local ordinance that is a misdemeanor.

Every vote on this bill

2/27/2017Senate Comm - Amendment Recommendation # 1

Senate Judiciary, Law Enforcement, and Criminal Justice Committee

5 0 2not eligible / no record

2/27/2017Senate Comm - Favorable Recommendation

Senate Judiciary, Law Enforcement, and Criminal Justice Committee

5 0 2not eligible / no record

2/28/2017Senate/ passed 2nd reading

Senate 3rd Reading Calendar

26 0 3not eligible / no record

3/1/2017Senate/ passed 3rd reading

Clerk of the House

26 0 3not eligible / no record

3/6/2017House Comm - Favorable Recommendation

House Political Subdivisions Committee

11 0 2not eligible / no record

3/9/2017House/ passed 3rd reading

House Speaker

60 11 4YEA

Bill text

enrolled version · official source

LOCAL GOVERNMENT CRIMINAL PENALTY AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Daniel W. Thatcher
House Sponsor: 
Daniel McCay
LONG TITLE
General Description:
This bill makes changes to local ordinance enforcement practice.
Highlighted Provisions:
This bill:
▸ requires that only a law enforcement officer may enforce a local ordinance that is a
misdemeanor.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a special effective date.
Utah Code Sections Affected:
AMENDS:
10-3-703
, as last amended by Laws of Utah 2014, Chapter 149
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
10-3-703
 is amended to read:
10-3-703.
Criminal penalties for violation of ordinance -- Civil penalties
prohibited -- Exceptions.
(1) The governing body of each municipality may impose a criminal penalty for the
violation of any municipal ordinance by a fine not to exceed the maximum class B
misdemeanor fine under Section 
76-3-301
 or by a term of imprisonment up to six months, or
by both the fine and term of imprisonment.
(2) (a) Except as provided in Subsection (2)(b), the governing body may prescribe a
civil penalty for the violation of any municipal ordinance by a fine not to exceed the maximum
class B misdemeanor fine under Section 
76-3-301
.
(b) A municipality may not impose a civil penalty and adjudication for the violation of
a municipal moving traffic ordinance.
(3) A municipal officer or official who is not a law enforcement officer in accordance
with Section 
53-13-103
 may not issue a criminal citation for a violation that is punished as a
misdemeanor.
Section 2. 
Effective date.
This bill takes effect on May 1, 2018.