Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 83 First Substitute (2018GS)

Sponsor

Rep. Roberts, M.

Final action

House/ filed 3/8/2018

Outcome

Failed / filed without passage

Summary

What it does

• This bill:
• addresses firearms in private residences;
• requires certain information in affidavits requesting specific warrants;
• limits when forcible entry may be used; and
• makes technical changes.

Every vote on this bill

Bill text

FORCIBLE ENTRY AND WARRANTS AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Marc K. Roberts
Senate Sponsor: 
____________
LONG TITLE
General Description:
This bill modifies provisions related to entry of peace officers to conduct search or
make arrest.
Highlighted Provisions:
This bill:
▸ addresses firearms in private residences;
▸ requires certain information in affidavits requesting specific warrants;
▸ limits when forcible entry may be used; and
▸ makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
77-7-8
, as last amended by Laws of Utah 2015, Chapter 317
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
77-7-8
 is amended to read:
77-7-8.
Forcible entry to conduct search or make arrest -- Conditions requiring a
warrant.
(1) (a) Subject to [
Subsection (2)
] 
the other provisions of this section
, a peace officer
when making an arrest may forcibly enter the building in which the person to be arrested is
located, or in which there is probable cause for believing the person to be.
(b) Before making the forcible entry, the 
peace
 officer shall:
(i) identify himself or herself as a [
law
] 
peace
 enforcement officer;
(ii) demand admission;
(iii) wait a reasonable period of time for an occupant to admit access; and
(iv) explain the purpose for which admission is desired.
(c) (i) The 
peace
 officer need not give a demand and explanation, or identify himself or
herself, before making a forcible entry under the exceptions in Section 
77-7-6
 or [
where
] 
when
there is probable cause to believe evidence will be easily or quickly destroyed.
(ii) The 
peace
 officer shall identify himself or herself and state the purpose for entering
the premises as soon as practicable after entering the premises.
(d) The 
peace
 officer may use only that force [
which
] 
that
 is reasonable and necessary
to effectuate forcible entry under this section.
(2) [
If
] 
Subject to Subsection (3), if
 the building to be entered under Subsection (1)
appears to be a private residence or the 
peace
 officer knows the building is a private residence,
and if there is no consent to enter or there are no exigent circumstances, the 
peace
 officer shall,
before entering the building:
(a) obtain an arrest or search warrant if the building is the residence of the person to be
arrested; or
(b) obtain a search warrant if the building is a residence, but not the residence of the
person whose arrest is sought.
(3) The presence of a firearm within a private residence, in the absence of other
information suggesting that the firearm might be used against a peace officer executing a
warrant, is not relevant in determining whether forcible entry may be authorized.
(4) A judge or magistrate issuing a warrant pursuant to Subsection (2) shall ensure that
the affidavit for the warrant:
(a) explains why a peace officer is unable to detain the suspect or search the residence
using less invasive or confrontational methods;
(b) explains why the warrant cannot be executed during daytime, which is the hours
beginning at 6 a.m. and ending at 10 p.m. local time, if the warrant is to be executed at night;
and
(c) describes:
(i) investigative activities that have been, or will be, undertaken before execution of the
warrant to ensure that the correct building is identified and that potential harm to innocent third
parties, the building, and peace officers may be minimized; or
(ii) why no investigative activities are needed.
[
(3)
] 
(5)
 Notwithstanding any other provision of this chapter, forcible entry under this
section may not be made solely for the alleged:
(a) possession or use of a controlled substance under Section 
58-37-8
, with or without
the intent to distribute
; or
(b) the possession of drug paraphernalia as defined in Section 
58-37a-3
.
Legislative Review Note
Office of Legislative Research and General Counsel