Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 220 Second Substitute (2021GS)

Sponsor

Rep. Schultz, M.

Final action

Governor Signed 3/24/2021

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• removes the presumption of release for a person arrested for certain criminal offenses while the person awaits trial;
• removes the requirement that a person who is eligible for pretrial release be released under the least restrictive, reasonably available conditions to ensure the appearance of the person and the safety of the public;
• removes the specific list of additional pretrial release conditions that may be ordered by the court;
• alters procedures for pretrial detention hearings;
• changes the time allowance for bail forfeiture;
• provides procedures for forfeited bail;
• modifies reporting requirements related to persons released from law enforcement custody on various conditions; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

PRETRIAL DETENTION AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Mike Schultz
Senate Sponsor: 
Kirk A. Cullimore
LONG TITLE
General Description:
This bill addresses requirements for pretrial release and detention.
Highlighted Provisions:
This bill:
▸ removes the presumption of release for a person arrested for certain criminal
offenses while the person awaits trial;
▸ removes the requirement that a person who is eligible for pretrial release be released
under the least restrictive, reasonably available conditions to ensure the appearance
of the person and the safety of the public;
▸ removes the specific list of additional pretrial release conditions that may be ordered
by the court;
▸ alters procedures for pretrial detention hearings;
▸ changes the time allowance for bail forfeiture;
▸ provides procedures for forfeited bail;
▸ modifies reporting requirements related to persons released from law enforcement
custody on various conditions; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides coordination clauses.
Utah Code Sections Affected:
AMENDS:
77-7-20
, as last amended by Laws of Utah 2020, Chapter 185
77-7-21
, as last amended by Laws of Utah 2020, Chapter 185
77-17-8
, as last amended by Laws of Utah 2020, Chapter 185
77-18a-1
, as last amended by Laws of Utah 2020, Chapter 185
77-20-1
, as last amended by Laws of Utah 2020, Chapters 142 and 185
77-20-1.1
, as enacted by Laws of Utah 2020, Chapter 185
77-20-4
, as last amended by Laws of Utah 2020, Chapter 185
77-20-7
, as last amended by Laws of Utah 2020, Chapter 185
77-20-8
, as last amended by Laws of Utah 2020, Chapter 185
77-20-8.5
, as last amended by Laws of Utah 2020, Chapter 185
77-20-9
, as last amended by Laws of Utah 2020, Chapter 185
77-20-10
, as last amended by Laws of Utah 2020, Chapters 142 and 185
77-20b-101
, as last amended by Laws of Utah 2020, Chapter 185
77-20b-102
, as last amended by Laws of Utah 2020, Chapter 185
77-20b-104
, as last amended by Laws of Utah 2020, Chapter 185
78A-2-220
, as last amended by Laws of Utah 2020, Chapter 185
ENACTS:
77-20-3.1
, Utah Code Annotated 1953
Utah Code Sections Affected by Coordination Clause:
77-20-1
, as last amended by Laws of Utah 2020, Chapters 142 and 185
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
77-7-20
 is amended to read:
77-7-20.
Service of citation on defendant -- Filing in court -- Electronic filing --
Contents of citations.
(1) Except as provided in Subsection (4), a peace officer or other authorized official
who issues a citation pursuant to Section 
77-7-18
 shall give the citation to the individual cited
and shall, within five business days, electronically file the data from Subsections (2)(a) through
(2)(h) with the court specified in the citation. The data transmission shall use the court's
electronic filing interface. A nonconforming filing is not effective.
(2) The citation issued under authority of this chapter shall contain the following data:
(a) the name, address, and phone number of the court before which the individual is to
appear;
(b) the name and date of birth of the individual cited;
(c) a brief description of the offense charged;
(d) the date, time, and place at which the offense is alleged to have occurred;
(e) the date on which the citation was issued;
(f) the name of the peace officer or official who issued the citation, and the name of the
arresting individual if a private party made the arrest and the citation was issued in lieu of
taking the arrested individual before a magistrate;
(g) the 
time and
 date on or date range during which the individual is to appear or a
statement that the court will notify the individual of the time to appear;
(h) whether the offense is a domestic violence offense; and
(i) a notice containing substantially the following language:
READ CAREFULLY
This citation is not an information and will not be used as an information without your
consent. If an information is filed you will be provided a copy by the court. You MUST
appear in court on or before the time set in this citation or as directed by the court. IF YOU
FAIL TO APPEAR, THE COURT MAY ISSUE A WARRANT FOR YOUR ARREST.
(3) By electronically filing the data with the court, the peace officer or official affirms
to the court that:
(a) the citation or information, including the summons and complaint, was [
delivered
to
] 
served upon
 the defendant 
in accordance with the law
;
(b) the defendant committed the offense [
set forth
] 
described
 in the [
citation
] 
served
documents
; and
(c) the court to which the defendant was directed to appear has jurisdiction over the
offense charged.
(4) (a) If a citing law enforcement officer is not reasonably able to access the efiling
system, the citation need not be filed electronically if being filed with a justice court.
(b) The court may accept an electronic filing received after five business days if:
(i) the defendant consents to the filing; and
(ii) the court finds the interests of justice would be best served by accepting the filing.
Section 2. Section 
77-7-21
 is amended to read:
77-7-21.
Proceeding on citation -- Voluntary remittance of fine -- Parent
signature required -- Information, when required.
(1) (a) A citation filed with the court may, with the consent of the defendant, serve in
lieu of an information to which the defendant may plead guilty or no contest to the charge or
charges listed and be sentenced accordingly.
(b) If provided by the uniform fine schedule described in Section 
76-3-301.5
, 
or with
the court's approval,
 an individual may remit the fine and other penalties without a personal
appearance before the court in any case charging a class B misdemeanor or lower offense,
unless the charge is:
(i) a domestic violence offense as defined in Section 
77-36-1
;
(ii) a violation of Section 
41-6a-502
, driving under the influence of alcohol, drugs, or a
combination of both or with specified or unsafe blood alcohol concentration;
(iii) a violation of Section 
41-6a-517
, driving with any measurable controlled substance
in the body;
(iv) a violation of a local ordinance similar to the offenses described in Subsections
(1)(b)(i) through (iii); or
(v) a violation that appears to:
(A) affect a victim, as defined in Section 
77-38a-102
; or
(B) require restitution, as defined in Section 
77-38a-102
.
(c) The remittal of fines and other penalties shall be entered as a conviction and treated
the same as if the accused pleaded no contest.
(d) If the person cited is under 18 years of age, the court shall promptly mail a copy or
notice of the citation to the address as shown on the citation, to the attention of the parent or
guardian of the defendant.
(2) If the individual pleads not guilty to the offense charged, further proceedings shall
be held in accordance with the Rules of Criminal Procedure and all other applicable provisions
of this code.
Section 3. Section 
77-17-8
 is amended to read:
77-17-8.
Mistake in charging offense -- Procedure -- Witnesses.
If, at any time before verdict or judgment, a mistake is made in charging the proper
offense, and there is probable cause to believe that the defendant is chargeable with another
offense, the court may commit the defendant or require the defendant [
to comply with one or
more pretrial release conditions in accordance with Section 
77-20-1
 to ensure the defendant's
appearance in court
] 
to give bail under Section 
77-20-1
 for the defendant's appearance to
answer to the proper charge when filed, and may also require witnesses to give bail for their
appearance
.
Section 4. Section 
77-18a-1
 is amended to read:
77-18a-1.
Appeals -- When proper.
(1) A defendant may, as a matter of right, appeal from:
(a) a final judgment of conviction, whether by verdict or plea;
(b) an order made after judgment that affects the substantial rights of the defendant;
(c) an order adjudicating the defendant's competency to proceed further in a pending
prosecution; or
(d) an order denying bail, as provided in [
Section 
77-20-1
] 
Subsection 
77-20-1
(9)
.
(2) In addition to any appeal permitted by Subsection (1), a defendant may seek
discretionary appellate review of any interlocutory order.
(3) The prosecution may, as a matter of right, appeal from:
(a) a final judgment of dismissal, including a dismissal of a felony information
following a refusal to bind the defendant over for trial;
(b) a pretrial order dismissing a charge on the ground that the court's suppression of
evidence has substantially impaired the prosecution's case;
(c) an order granting a motion to withdraw a plea of guilty or no contest;
(d) an order arresting judgment or granting a motion for merger;
(e) an order terminating the prosecution because of a finding of double jeopardy or
denial of a speedy trial;
(f) an order granting a new trial;
(g) an order holding a statute or any part of it invalid;
(h) an order adjudicating the defendant's competency to proceed further in a pending
prosecution;
(i) an order finding, pursuant to Title 77, Chapter 19, Part 2, Competency for
Execution, that an inmate sentenced to death is incompetent to be executed;
(j) an order reducing the degree of offense pursuant to Section 
76-3-402
; or
(k) an illegal sentence.
(4) In addition to any appeal permitted by Subsection (3), the prosecution may seek
discretionary appellate review of any interlocutory order entered before jeopardy attaches.
Section 5. Section 
77-20-1
 is amended to read:
77-20-1.
Right to bail -- Pretrial status order -- Denial of bail -- Detention hearing
-- Motion to modify.
(1) As used in this chapter:
(a) "Bail bond agency" means the same as that term is defined in Section 
31A-35-102
.
[
(b) "Financial condition" or "monetary bail" means any monetary condition that may
be imposed under Section 
77-20-4
 to secure an individual's pretrial release.
]
[
(c) "Pretrial release" or "bail" means release of an individual charged with or arrested
for a criminal offense from law enforcement or judicial custody during the time the individual
awaits trial or other resolution of the criminal charges.
]
[
(d) "Pretrial status order" means an order issued by the court exercising jurisdiction
over an individual charged with a criminal offense that sets the terms and conditions of the
individual's pretrial release or denies pretrial release and orders that the individual be detained
pending resolution of the criminal charges.
]
[
(e)
] 
(b)
 "Surety" and "sureties" mean a surety insurer or a bail bond agency.
[
(f)
] 
(c)
 "Surety insurer" means the same as that term is defined in Section 
31A-35-102
.
(2) An individual charged with or arrested for a criminal offense shall be admitted to
bail as a matter of right, except if the individual is charged with a:
(a) capital felony, when the court finds there is substantial evidence to support the
charge;
(b) felony committed while on probation or parole, or while free on bail awaiting trial
on a previous felony charge, when the court finds there is substantial evidence to support the
current felony charge;
(c) felony when there is substantial evidence to support the charge and the court finds
by clear and convincing evidence that the individual would constitute a substantial danger to
any other individual or to the community, or is likely to flee the jurisdiction of the court, if
released on bail;
(d) felony when the court finds there is substantial evidence to support the charge and
the court finds by clear and convincing evidence that the individual violated a material
condition of release while previously on bail; or
(e) domestic violence offense if the court finds:
(i) that there is substantial evidence to support the charge; and
(ii) by clear and convincing evidence, that the individual would constitute a substantial
danger to an alleged victim of domestic violence if released on bail. 
[
(3) (a) A court exercising jurisdiction over an individual charged with or arrested for a
criminal offense shall issue a pretrial status order designating the conditions to be imposed
upon the individual's release or ordering that the individual be detained under this section
during the time the individual awaits trial or other resolution of the criminal charges.
]
[
(b) A court granting pretrial release shall impose the least restrictive reasonably
available conditions of release on the individual who is the subject of the pretrial status order
that the court determines will reasonably ensure:
]
[
(i) the individual's appearance in court when required;
]
[
(ii) the safety of any witnesses or victims of the offense allegedly committed by the
individual;
]
[
(iii) the safety and welfare of the public; and
]
[
(iv) that the individual will not obstruct or attempt to obstruct the criminal justice
process.
]
[
(c) (i) The court shall issue the pretrial status order without unnecessary delay.
]
[
(ii) If a prosecutor files a motion for detention under Subsection (6), the court may
delay issuing the pretrial status order until after hearing the motion to detain if the court finds:
]
[
(A) the prosecutor's motion states a reasonable case for detention; and
]
[
(B) detaining the defendant until after the motion is heard is in the interests of justice
and public safety.
]
[
(4) (a) Except as otherwise provided in this section or Section 
78B-7-802
, the court
shall order that an individual charged with a criminal offense be released on the individual's
own recognizance, on condition that the individual appear at all required court proceedings, if
the court finds that additional conditions are not necessary to reasonably ensure compliance
with Subsection (3)(b).
]
[
(b) The court shall impose additional release conditions if the court finds that
additional release conditions are necessary to reasonably ensure compliance with Subsection
(3)(b). The conditions imposed may include that the individual:
]
[
(i) not commit a federal, state, or local offense during the period of release;
]
[
(ii) avoid contact with a victim or victims of the alleged offense;
]
[
(iii) avoid contact with a witness or witnesses who may testify concerning the alleged
offense that are named in the pretrial status order;
]
[
(iv) not use or consume alcohol, or any narcotic drug or other controlled substance
except as prescribed by a licensed medical practitioner;
]
[
(v) submit to drug or alcohol testing;
]
[
(vi) complete a substance abuse evaluation and comply with any recommended
treatment or release program;
]
[
(vii) submit to electronic monitoring or location device tracking;
]
[
(viii) participate in inpatient or outpatient medical, behavioral, psychological, or
psychiatric treatment;
]
[
(ix) maintain employment, or if unemployed, actively seek employment;
]
[
(x) maintain or commence an education program;
]
[
(xi) comply with limitations on where the individual is allowed to be located or the
times the individual shall be or may not be at a specified location;
]
[
(xii) comply with specified restrictions on personal associations, place of residence, or
travel;
]
[
(xiii) report to a law enforcement agency, pretrial services program, or other
designated agency at a specified frequency or on specified dates;
]
[
(xiv) comply with a specified curfew;
]
[
(xv) forfeit or refrain from possession of a firearm or other dangerous weapon;
]
[
(xvi) if the individual is charged with an offense against a child, is limited or denied
access to any location or occupation where children are, including any residence where children
are on the premises, activities including organized activities in which children are involved,
locations where children congregate, or where a reasonable person should know that children
congregate;
]
[
(xvii) comply with requirements for house arrest;
]
[
(xviii) return to custody for a specified period of time following release for
employment, schooling, or other limited purposes;
]
[
(xix) remain in the custody of one or more designated individuals who agree to
supervise and report on the behavior and activities of the individual charged and to encourage
compliance with all court orders and attendance at all required court proceedings;
]
[
(xx) comply with a financial condition; or
]
[
(xxi) comply with any other condition that is necessary to reasonably ensure
compliance with Subsection (3)(b).
]
[
(c) If the court determines a financial condition, other than an unsecured bond, is
necessary to impose on an individual as part of the individual's pretrial release, the court shall
consider the individual's ability to pay when determining the amount of the financial
condition.
]
[
(5) In making a determination under Subsection (3), the court may rely on the
following:
]
[
(a) any form of pretrial services assessment;
]
[
(b) the nature and circumstances of the offense or offenses charged, including whether
the charges include a violent offense and the vulnerability of witnesses or alleged victims;
]
[
(c) the nature and circumstances of the individual, including the individual's character,
physical and mental health, family and community ties, employment status and history,
financial resources, past criminal conduct, history of drug or alcohol abuse, and history of
timely appearances at required court proceedings;
]
[
(d) the potential danger to another individual or individuals posed by the release of the
individual;
]
[
(e) if the individual was on probation, parole, or release pending an upcoming court
proceeding at the time the individual allegedly committed the offense;
]
[
(f) the availability of other individuals who agree to assist the individual in attending
court when required or other evidence relevant to the individual's opportunities for supervision
in the individual's community;
]
[
(g) the eligibility and willingness of the individual to participate in various treatment
programs, including drug treatment; or
]
[
(h) other evidence relevant to the individual's likelihood of fleeing or violating the law
if released.
]
[
(6) (a) If the criminal charges filed against the individual include one or more offenses
eligible for detention under Subsection (2) or Utah Constitution, Article I, Section 8, the
prosecution may file a motion for pretrial detention.
]
[
(b) Upon receiving a motion under Subsection (6)(a), the court shall set a hearing on
the matter as soon as practicable.
]
[
(c) The individual who is the subject of the detention hearing has the right to be
represented by counsel at the pretrial detention hearing and, if a court finds the individual is
indigent under Section 
78B-22-202
, the court shall appoint counsel to represent the individual
in accordance with Section 
78B-22-203
.
]
[
(d) The court shall give both parties the opportunity to make arguments and to present
relevant evidence at the detention hearing.
]
[
(7) After hearing evidence on a motion for pretrial detention, the court may detain the
individual if:
]
[
(a) the individual is accused of committing an offense that qualifies the individual for
detention under Subsection (2) or Utah Constitution, Article I, Section 8;
]
[
(b) the prosecution demonstrates substantial evidence to support the charge, and meets
all additional evidentiary burdens required under Subsection (2) or Utah Constitution, Article I,
Section 8; and
]
[
(c) the court finds that no conditions that may be imposed upon granting the
individual pretrial release will reasonably ensure compliance with Subsection (3)(b).
]
[
(8) (a) If an individual is charged with a criminal offense described in Subsection
(8)(b), there is a rebuttable presumption that the individual be detained.
]
[
(b) Criminal charges that create a rebuttable presumption of detention under
Subsection (8)(a) include:
]
[
(i) criminal homicide as defined in Section 
75-5-201
; and
]
[
(ii) any offense for which the term of imprisonment may include life.
]
[
(c) The individual may rebut the presumption of detention by demonstrating, by a
preponderance of the evidence, that specified conditions of release will reasonably ensure
compliance with Subsection (3)(b).
]
[
(9) Except as otherwise provided, the court issuing a pretrial warrant of arrest shall
issue the initial pretrial status order.
]
(3) Any individual who may be admitted to bail may be released by posting bail in the
form and manner provided in Section 
77-20-4
, or on the individual's own recognizance, on
condition that the individual appear in court for future court proceedings in the case, and on
any other conditions imposed in the discretion of the magistrate or court in a pretrial status
order setting the terms and conditions of the individual's pretrial release that will reasonably:
(a) ensure the appearance of the accused;
(b) ensure the integrity of the court process;
(c) prevent direct or indirect contact with witnesses or victims by the accused, if
appropriate; and
(d) ensure the safety of the public.
(4) (a) Except as otherwise provided, the initial order denying or fixing the amount of
bail shall be issued by the magistrate or court issuing the warrant of arrest.
(b) A magistrate may set bail upon determining that there was probable cause for a
warrantless arrest.
(c) A bail commissioner may set bail in a misdemeanor case in accordance with
Sections 
10-3-920
 and 
17-32-1
.
[
(10) (a)
] 
(d)
 An individual arrested for a violation of a jail release agreement or jail
release court order issued in accordance with Section 
78B-7-802
:
(i) may be denied pretrial release by the court under Subsection (2); and
(ii) if denied pretrial release, may not be released before the individual's initial
appearance before the court.
[
(b) Nothing in this section precludes or nullifies a jail release agreement or jail release
order required under Section 
78B-7-802
.
]
(5) The magistrate or court may rely upon information contained in:
(a) the indictment or information;
(b) any sworn statement or sworn probable cause statement or other information
provided by law enforcement;
(c) any form of pretrial services assessment;
(d) witness statements or testimony; or
(e) any other reliable record or source, including proffered evidence.
(6) (a) Except as provided by Subsection (6)(b), the prosecution and defendant have a
right to subpoena witnesses to testify at a pretrial detention hearing.
(b) If a defendant seeks to subpoena an alleged victim who did not willingly testify at a
pretrial detention hearing, at the conclusion of the hearing, a defendant may issue a subpoena
compelling the alleged victim to testify at a subsequent pretrial detention hearing only if the
court finds that the testimony sought by the subpoena:
(i) is material to the substantial evidence or clear and convincing evidence
determinations described in Subsection (2) in light of all information presented to the court;
and
(ii) would not unnecessarily intrude on the rights of the victim.
(c) An alleged victim has the right to be heard at a hearing on a motion for pretrial
detention.
[
(11)
] 
(7)
 (a) A motion to modify the initial pretrial status order may be made by a
party at any time upon notice to the opposing party sufficient to permit the opposing party to
prepare for hearing and to permit each alleged victim to be notified and be present.
(b) Hearing on a motion to modify a pretrial status order may be held in conjunction
with a preliminary hearing or any other pretrial hearing.
(c) The 
magistrate or
 court may rely on information as provided in Subsection (5) and
may base its ruling on evidence provided at the hearing so long as each party is provided an
opportunity to present additional evidence or information relevant to bail.
[
(12)
] 
(8)
 Subsequent motions to modify a pretrial status order may be made only upon
a showing that there has been a material change in circumstances.
[
(13)
] 
(9)
 An appeal may be taken from an order of a court denying bail to the Utah
Court of Appeals pursuant to the Utah Rules of Appellate Procedure, which shall review the
determination under Subsection [
(7)
] 
(2)
.
[
(14)
] 
(10)
 For purposes of this section, any arrest or charge for a violation of Section
76-5-202
, Aggravated murder, is a capital felony unless:
(a) the prosecutor files a notice of intent to not seek the death penalty; or
(b) the time for filing a notice to seek the death penalty has expired and the prosecutor
has not filed a notice to seek the death penalty.
Section 6. Section 
77-20-1.1
 is amended to read:
77-20-1.1.
Release data requirements.
(1) The Administrative Office of the Courts shall submit the following data on
individuals for whom the Administrative Office of the Courts has a state identification number
broken down by judicial district to the Commission on Criminal and Juvenile Justice before
July 1 of each year:
(a) for the preceding calendar year:
(i) the number of individuals charged with a criminal offense who failed to appear at a
required court preceding while on pretrial release, in accordance with Section 
77-20-1
, under
each of the following categories of release:
(A) the individual's own recognizance;
(B) a financial condition; and
(C) a [
pretrial
] release condition other than a financial condition;
(ii) the number of offenses that carry a potential penalty of incarceration an individual
committed while on pretrial release, in accordance with Section 
77-20-1
, under each of the
following categories of release:
(A) the individual's own recognizance;
(B) a financial condition; and
(C) a [
pretrial
] release condition other than a financial condition; and
(iii) the total amount of fees and fines, including bond forfeiture, collected by the court
from an individual for the individual's failure to comply with a condition of [
pretrial
] release
under each of the following categories of release:
(A) an individual's own recognizance;
(B) a financial condition; and
(C) a [
pretrial
] release condition other than a financial condition; and
(b) at the end of the preceding calendar year:
(i) the total number of outstanding warrants of arrest for individuals who were released
from law enforcement custody, in accordance with Section 
77-20-1
, under each of the
following categories of release:
(A) the individual's own recognizance;
(B) a financial condition; and
(C) a [
pretrial
] release condition other than a financial condition;
(ii) for each of the categories described in Subsection (1)(b)(i), the average length of
time that the outstanding warrants had been outstanding; and
(iii) for each of the categories described in Subsection (1)(b)(i), the number of
outstanding warrants for arrest for crimes of each of the following categories:
(A) a first degree felony;
(B) a second degree felony;
(C) a third degree felony;
(D) a class A misdemeanor;
(E) a class B misdemeanor; and
(F) a class C misdemeanor.
(2) Each county jail shall submit the following data, based on the preceding calendar
year, to the Commission of Criminal and Juvenile Justice before July 1 of each year:
(a) the number of individuals released upon payment of monetary bail before appearing
before a court;
(b) the number of individuals released on the individual's own recognizance before
appearing before a court; and
(c) the amount of monetary bail
, any fees, and any other money paid by or on behalf of
individuals
 collected by the county jail.
(3) The Commission on Criminal and Juvenile Justice shall compile the data collected
under this section and shall submit the compiled data in an electronic report to the Law
Enforcement and Criminal Justice Interim Committee before November 1 of each year.
Section 7. Section 
77-20-3.1
 is enacted to read:
 77-20-3.1.
Release on own recognizance -- Changing amount of bail or conditions
of release.
(1) Any person who may be admitted to bail may likewise be released on the person's
own recognizance in accordance with Subsection 
77-20-1
(3).
(2) After releasing the defendant on the defendant's own recognizance or admitting the
defendant to bail, the magistrate or court may:
(a) impose bail or increase or decrease the amount of the bail; and
(b) impose or change the conditions of release under Subsection 
77-20-1
(3).
Section 8. Section 
77-20-4
 is amended to read:
77-20-4.
Bail to be posted in cash, by credit or debit card, or by written
undertaking -- Specific monetary bail methods.
(1) (a) Except as provided in Subsection (2), the judge or magistrate shall set bail at a
single amount per case or charge.
(b) Subject to Subsection (2), a defendant may choose to post the amount described in
Subsection (1)(a) by any of the following methods:
(i) in cash;
(ii) by written undertaking with sureties;
(iii) by written undertaking without sureties, at the discretion of the judge or
magistrate; or
(iv) by credit or debit card, at the discretion of the judge or bail commissioner.
(2) A judge or magistrate may limit a defendant to a specific method of posting
[
monetary
] bail described in Subsection (1)(b)(i), (ii), (iii), or (iv):
(a) if, after charges are filed, the defendant fails to appear in the case on a 
bail
 bond
and the case involves a violent offense;
(b) in order to allow the defendant to voluntarily [
forfeit monetary bail
] 
remit the fine
in accordance with Section 
77-7-21
 and the offense with which the defendant is charged is
listed in the shared master offense table as one for which an appearance is not mandatory;
(c) if the defendant has failed to respond to a citation or summons and the offense with
which the defendant is charged is listed in the shared master offense table as one for which an
appearance is not mandatory;
(d) if a warrant is issued for the defendant solely for failure to pay a criminal judgment
account receivable, as defined in Section 
77-32a-101
, and the defendant's [
monetary
] bail is
limited to the amount owed; or
(e) if a court has entered a judgment of [
bond
] 
bail
 forfeiture under Section 
77-20b-104
in any case involving the defendant.
(3) [
Monetary bail
] 
Bail
 may not be accepted without receiving in writing at the time
the [
monetary
] bail is posted the current mailing address, telephone number, and email address
of the surety.
(4) [
Monetary bail paid
] 
Bail posted
 by debit or credit card, less the fee charged by the
financial institution, shall be tendered to the courts.
(5) [
Monetary bail
] 
Bail
 refunded by the court may be refunded by credit to the debit or
credit card, or cash. The amount refunded shall be the full amount received by the court under
Subsection (4), which may be less than the full amount of the [
monetary
] bail set by the court.
(6) Before refunding [
monetary
] bail that is posted by the defendant in cash, by credit
card, or by debit card, the court may apply the amount posted toward accounts receivable, as
defined in Section 
77-32a-101
, that are owed by the defendant in the priority set forth in
Section 
77-38a-404
.
Section 9. Section 
77-20-7
 is amended to read:
77-20-7.
Duration of liability on undertaking -- Notices to sureties -- Exoneration
if charges not filed.
(1) (a) Except as provided in Subsection (1)(b), the principal and the sureties on [
a
bond or other
] 
the
 written undertaking are liable on the [
bond or other written
] undertaking
during all proceedings and for all court appearances required of the defendant up to and
including the surrender of the defendant for sentencing, irrespective of any contrary provision
in the [
bond or other written
] undertaking. Any failure of the defendant to appear when
required is a breach of the conditions of the [
bond or other written
] undertaking 
or bail
 and
subjects [
the bond
] 
it
 to forfeiture, regardless of whether or not notice of appearance was given
to the sureties. Upon sentencing the 
bail
 bond [
or other written undertaking
] shall be
exonerated without motion.
(b) If the sentence includes a commitment to a jail or prison, the 
bail
 bond [
or other
written undertaking
] shall be exonerated when the defendant appears at the appropriate jail or
prison, unless the judge does not require the defendant to begin the commitment within seven
days, in which case the 
bail
 bond [
or other written undertaking
] is exonerated upon sentencing.
(c) For purposes of this section, an order of the court accepting a plea in abeyance
agreement and holding that plea in abeyance pursuant to Title 77, Chapter 2a, Pleas in
Abeyance, is considered to be the same as a sentencing upon a guilty plea.
(d) Any suspended or deferred sentencing is not the responsibility of the surety and the
bail
 bond is exonerated without any motion, upon acceptance of the court and the defendant of
a plea in abeyance, probation, fine payments, post sentencing reviews, or any other deferred
sentencing reviews or any other deferred sentencing agreement.
(e) If a surety issues a bail bond after sentencing, the surety is liable on the undertaking
during all proceedings and for all court appearances required of the defendant up to and
including the defendant's appearance to commence serving the sentence imposed under
Subsection (1).
[
(2) If the prosecutor does not file an information, indictment, or request to extend time
days after the date on which the bond or other written undertaking is received, the court
shall:
]
[
(a) relieve a person from conditions of release;
]
[
(b) refund any monetary bail, as provided in Subsection 
77-20-4
(5); and
]
[
(c) exonerate any bond or other written undertaking without further order of the
court.
]
[
(3) (a) A request to extend time shall:
]
[
(i) be served on any surety and the defendant or the defendant's attorney; and
]
[
(ii) be granted for a period of up to 60 days.
]
[
(b) A court may grant a request to extend time for a period of up to 120 days upon a
showing of good cause.
]
[
(c) An extension of time does not prohibit the proper filing of charges against a person
at any time.
]
(2) If no information or indictment charging a person with an offense is filed in court
within 120 days after the date on which the bail undertaking or cash is received, the court may
relieve a person from conditions of release at the person's request, and the bail bond or
undertaking is exonerated without further order of the court unless the prosecutor requests an
extension of time before the end of the 120-day period by:
(a) filing a notice for extension with the court; and
(b) serving the notice for extension upon the sureties and the person or the person's
attorney.
(3) A court may extend bail and conditions of release for good cause.
(4) Subsection (2) does not prohibit the filing of charges against a person at any time.
(5) If the court does not set on a calendar any hearings on a case within 18 months after
the last court docket activity on a case, the undertaking of bail is exonerated without motion.
Section 10. Section 
77-20-8
 is amended to read:
77-20-8.
Grounds for detaining or releasing defendant on conviction and prior to
sentence.
(1) Upon conviction, by plea or trial, the court shall order that the convicted defendant
who is waiting imposition or execution of sentence be detained, unless the court finds by clear
and convincing evidence presented by the defendant that the defendant is not likely to flee the
jurisdiction of the court, and will not pose a danger to the physical, psychological, or financial
and economic safety or well-being of any other person or the community if released.
(2) If the court finds the defendant does not need to be detained, the court shall order
the release of the defendant on suitable conditions, which may include the conditions under
Subsection [
77-20-1
(4)
] 
77-20-10
(2)
.
Section 11. Section 
77-20-8.5
 is amended to read:
77-20-8.5.
Sureties -- Surrender of defendant -- Arrest of defendant.
(1) (a) Sureties may at any time prior to a defendant's failure to appear surrender the
defendant and obtain exoneration of [
monetary
] bail, by notifying the clerk of the court in
which the [
monetary
] bail was posted of the defendant's surrender and requesting exoneration. 
Notification shall be made immediately following the surrender by surface mail, electronic
mail, or fax.
(b) To effect surrender, a certified copy of the surety's undertaking from the court in
which it was posted or a copy of the [
monetary
] bail agreement with the defendant shall be
delivered to the on-duty jailer, who shall detain the defendant in the on-duty jailer's custody as
upon a commitment, and shall in writing acknowledge the surrender upon the copy of the
undertaking or [
monetary
] bail agreement. The certified copy of the undertaking or copy of the
[
monetary
] bail agreement upon which the acknowledgment of surrender is endorsed shall be
filed with the court. The court may then, upon proper application, order the undertaking
exonerated and [
shall
] 
may
 order a refund of any paid premium, or part of a premium, as it
finds just.
(2) For the purpose of surrendering the defendant, the sureties may:
(a) arrest the defendant:
(i) at any time before the defendant is finally exonerated; and
(ii) at any place within the state; and
(b) surrender the defendant to any county jail booking facility in Utah.
(3) An arrest under this section is not a basis for exoneration of the 
bail
 bond under
Section 
77-20b-101
.
(4) A surety acting under this section is subject to Title 53, Chapter 11, Bail Bond
Recovery Act.
Section 12. Section 
77-20-9
 is amended to read:
77-20-9.
Disposition of forfeitures.
If by reason of the neglect of the defendant to appear, money deposited as a financial
condition or money paid by sureties on bond is forfeited and the forfeiture is not discharged or
remitted, the clerk with whom it is deposited or paid shall, immediately after final adjournment
of the court, pay over the money forfeited as follows:
(1) the forfeited amount in cases in precinct justice courts or in municipal justice courts
shall be distributed as provided in Sections 
78A-7-120
 and 
78A-7-121
; and
(2) in all other cases:
(a) where the financial condition was paid by a surety:
[
(a)
] 
(i)
 60% of the forfeited [
bond
] 
amount
 shall be paid to the Pretrial Release
Programs Special Revenue Fund established in Section 
63M-7-215
;
[
(b) 25%
] 
(ii) 20%
 of the forfeited [
bond
] 
amount
 shall be paid to the General Fund;
and
[
(c) 15%
] 
(iii) 20%
 of the forfeited [
bond
] 
amount
 shall be paid to the prosecuting
agency that brings an action to collect under Section 
77-20b-104
[
.
]
; and
(b) where the financial condition was paid without the assistance of a surety:
(i) 75% of the forfeited amount shall be paid to the Pretrial Release Programs Special
Revenue Fund established in Section 
63M-7-215
; and
(ii) 25% of the forfeited amount shall be paid to the General Fund.
Section 13. Section 
77-20-10
 is amended to read:
77-20-10.
Grounds for detaining defendant while appealing the defendant's
conviction -- Conditions for release while on appeal.
(1) The court shall order that a defendant who has been found guilty of an offense in a
court of record and sentenced to a term of imprisonment in jail or prison, and who has filed an
appeal or a petition for a writ of certiorari, be detained, unless the court finds:
(a) the appeal raises a substantial question of law or fact likely to result in:
(i) reversal;
(ii) an order for a new trial; or
(iii) a sentence that does not include a term of imprisonment in jail or prison;
(b) the appeal is not for the purpose of delay; and
(c) by clear and convincing evidence presented by the defendant that the defendant is
not likely to flee the jurisdiction of the court, and will not pose a danger to the physical,
psychological, or financial and economic safety or well-being of any other person or the
community if released.
(2) If the court makes a finding under Subsection (1) that justifies not detaining the
defendant, the court shall order the release of the defendant, subject to conditions that result in
the least restrictive [
reasonably available
] 
condition or combination of
 conditions that the court
determines will reasonably ensure the appearance of the defendant as required and the safety of
any other individual, property, and the community. The conditions may include [
the conditions
described in Subsection 
77-20-1
(4)(b).
] 
that the defendant:
(a) post appropriate bail;
(b) execute a bail bond with a surety under Title 31A, Chapter 35, Bail Bond Act, in an
amount necessary to ensure the appearance of the defendant as required;
(c) (i) execute a written agreement to forfeit, upon failing to appear as required,
designated property, including money, as is reasonably necessary to ensure the appearance of
the defendant; and
(ii) post with the court indicia of ownership of the property or a percentage of the
money as the court may specify;
(d) not commit a federal, state, or local crime during the period of release;
(e) remain in the custody of a designated person who agrees to assume supervision of
the defendant and who agrees to report any violation of a release condition to the court, if the
designated person is reasonably able to assure the court that the defendant will appear as
required and will not pose a danger to the safety of any other person or the community;
(f) maintain employment, or if unemployed, actively seek employment;
(g) maintain or commence an educational program;
(h) abide by specified restrictions on personal associations, place of abode, or travel;
(i) avoid all contact with the victims of the offense and with any witnesses who
testified against the defendant or potential witnesses who may testify concerning the offense if
the appeal results in a reversal or an order for a new trial;
(j) report on a regular basis to a designated law enforcement agency, pretrial services
agency, or other designated agency;
(k) comply with a specified curfew;
(l) not possess a firearm, destructive device, or other dangerous weapon;
(m) not use alcohol, or any narcotic drug or other controlled substance except as
prescribed by a licensed medical practitioner;
(n) undergo available medical, psychological, or psychiatric treatment, including
treatment for drug or alcohol dependency, and remain under the supervision of or in a specified
institution if required for that purpose;
(o) return to custody for specified hours following release for employment, schooling,
or other limited purposes;
(p) satisfy any other condition that is reasonably necessary to ensure the appearance of
the defendant as required and to ensure the safety of any other person and the community; and
(q) if convicted of committing a sexual offense or an assault or other offense involving
violence against a child 17 years old or younger, is limited or denied access to any location or
occupation where children are, including:
(i) any residence where children are on the premises;
(ii) activities, including organized activities, in which children are involved; and
(iii) locations where children congregate, or where a reasonable person should know
that children congregate.
(3) The court may, in its discretion, amend an order granting release to impose
additional or different conditions of release.
(4) If the defendant is found guilty of an offense in a court not of record and files a
timely notice of appeal pursuant to Subsection 
78A-7-118
(1) for a trial de novo, the court shall
stay all terms of a sentence, unless at the time of sentencing the judge finds by a preponderance
of the evidence that the defendant poses a danger to another person or the community.
(5) If a stay is ordered, the court may order post-conviction restrictions on the
defendant's conduct as appropriate, including:
(a) continuation of any pre-trial restrictions or orders;
(b) sentencing protective orders under Section 
78B-7-804
;
(c) drug and alcohol use;
(d) use of an ignition interlock; and
(e) posting appropriate [
monetary
] bail.
(6) The provisions of Subsections (4) and (5) do not apply to convictions for an offense
under Title 41, Chapter 6a, Part 5, Driving Under the Influence and Reckless Driving.
(7) Any stay authorized by Subsection (4) is lifted upon the dismissal of the appeal by
the district court.
Section 14. Section 
77-20b-101
 is amended to read:
77-20b-101.
Entry of nonappearance -- Notice to surety -- Release of surety on
failure of timely notice.
(1) If a defendant who has posted bail fails to appear before the appropriate court as
required, the court shall
,
 within 30 days [
of the failure
] 
after the day on which the defendant
fails
 to appear
,
 issue a bench warrant that includes the original case number. The court shall
also direct that the surety [
or surety insurer
] be given notice of the nonappearance. The clerk of
the court shall:
(a) email notice of nonappearance to the surety [
or surety insurer
] at the email address
provided on the bond;
(b) notify the surety as listed on the bail bond of the name, address, and telephone
number of the prosecutor;
[
(b)
] 
(c)
 email a copy of the notice sent under Subsection (1)(a) to the prosecutor's
office 
at the same time notice is sent under Subsection (1)(a)
; and
[
(c)
] 
(d)
 ensure that the name, address, business email address, and telephone number
of the surety[
, its agent, or surety insurer
] 
or the surety's agent
 as listed on the 
bail
 bond is
stated on the bench warrant.
(2) The prosecutor may email notice of nonappearance to the address of the surety [
or
surety insurer
] as listed on the 
bail
 bond within 37 days after the date of the defendant's failure
to appear.
(3) If notice of nonappearance is not emailed to a surety [
or surety insurer
] as listed on
the 
bail
 bond, other than the defendant, in accordance with Subsection (1) or (2), the surety [
or
surety insurer
] and [
its
] 
the surety's bail
 bond producer are relieved of further obligation under
the 
bail
 bond if the [
surety or surety insurer have listed their current name and email addresses
on the bond
] 
surety's current name and address or the current name and address of the bail bond
agency are on the bail bond
 in the court's file.
(4) (a) (i) If a defendant appears in court within [
] 
seven
 days after a missed,
scheduled court appearance, the court may reinstate the 
bail
 bond without further notice to the
surety [
or surety insurer
].
(ii) If the defendant, while in custody, appears on the case for which the 
bail
 bond was
posted, the court may not reinstate the 
bail
 bond without the consent of the 
bail
 bond company.
(b) If a defendant fails to appear within [
] 
seven
 days after a scheduled court
appearance, the court may not reinstate the 
bail
 bond without the consent of the surety [
or
surety insurer
].
(c) If the defendant is arrested and booked into a county jail booking facility pursuant
to a warrant for failure to appear on the original charges and the court is notified of the arrest,
or the court recalls the warrant due to the defendant's having paid the fine and prior to entry of
judgment of forfeiture, the court shall exonerate the 
bail
 bond.
(d) Unless the court makes a finding of good cause why the bond should not be
exonerated, it shall exonerate the 
bail
 bond if:
(i) the surety [
or surety insurer
] has delivered the defendant to the county jail booking
facility in the county where the original charge or charges are pending;
(ii) the defendant has been released on a bond secured from a subsequent surety [
or
surety insurer
] for the original charge and the failure to appear;
(iii) after an arrest, the defendant has escaped from jail or has been released on the
defendant's own recognizance, pursuant to a pretrial release, under a court order regulating jail
capacity, or by a sheriff's release under Section 
17-22-5.5
;
(iv) the surety [
or surety insurer
] has transported or agreed to pay for the transportation
of the defendant from a location outside of the county back to the county where the original
charge is pending, and the payment is in an amount equal to government transportation
expenses listed in Section 
76-3-201
; or
(v) the surety [
or surety insurer
] demonstrates by a preponderance of the evidence that:
(A) at the time the surety [
or surety insurer
] issued the 
bail
 bond, it had made
reasonable efforts to determine that the defendant was legally present in the United States;
(B) a reasonable person would have concluded, based on the surety's [
or surety
insurer's
] determination, that the defendant was legally present in the United States; and
(C) the surety [
or surety insurer
] has failed to bring the defendant before the court
because the defendant is in federal custody or has been deported.
(e) Under circumstances not otherwise provided for in this section, the court may
exonerate the 
bail
 bond if it finds that the prosecutor has been given reasonable notice of a
surety's [
or surety insurer's
] motion and there is good cause for the 
bail
 bond to be exonerated.
(f) If a surety's [
or surety insurer's
] 
bail
 bond has been exonerated under this section
and the surety [
or surety insurer
] remains liable for the cost of transportation of the defendant,
the surety [
or surety insurer
] may take custody of the defendant for the purpose of transporting
the defendant to the jurisdiction where the charge is pending.
Section 15. Section 
77-20b-102
 is amended to read:
77-20b-102.
Time for bringing defendant to court.
(1) If notice of nonappearance is emailed to a surety [
or surety insurer
] under Section
77-20b-101
, the surety [
or surety insurer
] may bring the defendant before the court or surrender
the defendant into the custody of a county sheriff within the state within [
days after
] 
six
months after
 the date of nonappearance, during which time a forfeiture action on the 
bail
 bond
may not be brought.
(2) A surety [
or surety insurer
] may request an extension of the [
90-day
] 
six-month
time period in Subsection (1), if the surety [
or surety insurer
] within that time:
(a) files a motion for extension with the court; and
(b) mails the motion for extension and a notice of hearing on the motion to the
prosecutor.
(3) The court may extend the [
90-day
] 
six-month
 time in Subsection (1) for not more
than 60 days, if the surety [
or surety insurer
] has complied with Subsection (2) and the court
finds good cause.
Section 16. Section 
77-20b-104
 is amended to read:
77-20b-104.
Forfeiture of bail.
(1) If a surety [
or surety insurer
] fails to bring the defendant before the court within the
time provided in Section 
77-20b-102
, the prosecuting attorney may request the forfeiture of the
[
bond
] 
bail
 by:
(a) filing a motion for [
bond
] 
bail
 forfeiture with the court, supported by proof of
notice to the surety [
or surety insurer
] of the defendant's nonappearance; and
(b) emailing a copy of the motion to the surety [
or surety insurer
].
(2) A court shall enter judgment of [
bond
] 
bail
 forfeiture without further notice if the
court finds by a preponderance of the evidence:
(a) the defendant failed to appear as required;
(b) the surety [
or surety insurer
] was given notice of the defendant's nonappearance in
accordance with Section 
77-20b-101
;
(c) the surety [
or surety insurer
] failed to bring the defendant to the court within the
[
90-day
] 
six-month
 period under Section 
77-20b-102
; and
(d) the prosecutor has complied with the notice requirements under Subsection (1).
(3) If the surety [
or surety insurer
] shows by a preponderance of the evidence that it has
failed to bring the defendant before the court because the defendant is deceased through no act
of the surety [
or surety insurer
], the court may not enter judgment of [
bond
] 
bail
 forfeiture and
the 
bail
 bond is exonerated.
(4) The amount of [
the bond
] 
bail
 forfeited is the face amount of the 
bail
 bond, but if
the defendant is in the custody of another jurisdiction and the state extradites or intends to
extradite the defendant, the court may reduce the amount forfeited to the actual or estimated
costs of returning the defendant to the court's jurisdiction. A judgment under Subsection (5)
shall:
(a) identify the surety [
or surety insurer
] against whom judgment is granted;
(b) specify the amount of [
the bond
] 
bail
 forfeited;
(c) grant the forfeiture of the 
bail
 bond; and
(d) be docketed by the clerk of the court in the civil judgment docket.
(5) A prosecutor may immediately commence collection proceedings to execute a
judgment of 
bail
 bond forfeiture against the assets of the surety.
Section 17. Section 
78A-2-220
 is amended to read:
78A-2-220.
Authority of magistrate.
(1) Except as otherwise provided by law, a magistrate as defined in Section 
77-1-3
shall have the authority to:
(a) commit a person to incarceration prior to trial;
(b) set or deny bail under Section 
77-20-1
 and release upon the payment of [
monetary
]
bail and satisfaction of any other conditions of release;
(c) issue to any place in the state summonses and warrants of search and arrest and
authorize administrative traffic checkpoints under Section 
77-23-104
;
(d) conduct an initial appearance;
(e) conduct arraignments;
(f) conduct a preliminary examination to determine probable cause;
(g) appoint attorneys and order recoupment of attorney fees;
(h) order the preparation of presentence investigations and reports;
(i) issue temporary orders as provided by rule of the Judicial Council; and
(j) perform any other act or function authorized by statute.
(2) A judge of the justice court may exercise the authority of a magistrate specified in
Subsection (1) with the following limitations:
(a) a judge of the justice court may conduct an initial appearance, preliminary
examination, or arraignment as provided by rule of the Judicial Council; and
(b) a judge of the justice court may not [
perform any act or function
] 
set bail
 in a
capital felony 
nor deny bail in any
 case.
Section 18. 
 Coordinating H.B. 220 with H.B. 58 -- Substantive amendments.
If this H.B. 220 and H.B. 58, Riot Amendments, both pass and become law, the
Legislature intends that the Office of Legislative Research and General Counsel prepare the
Utah Code database for publication by amending Subsection 
77-20-1
(3) in H.B. 220 to read:
"
(3) (a) Any individual who may be admitted to bail may be released by posting bail in
the form and manner provided in Section 
77-20-4
, or on the individual's own recognizance, on
condition that the individual appear in court for future court proceedings in the case, and on
any other conditions imposed in the discretion of the magistrate or court in a pretrial status
order setting the terms and conditions of the individual's pretrial release that will reasonably:
(i) ensure the appearance of the accused;
(ii) ensure the integrity of the court process;
(iii) prevent direct or indirect contact with witnesses or victims by the accused, if
appropriate; and
(iv) ensure the safety of the public.
(b) An individual arrested for a violation of Subsection 
76-9-101
(4) may not be
released from custody before the individual appears before a magistrate or a judge.
"
Section 19. 
 Coordinating H.B. 220 with H.B. 47 -- Substantive amendments and
technical renumbering.
If this H.B. 220 and H.B. 47, DUI Revisions, both pass and become law, it is the intent
of the Legislature that the Office of Legislative Research and General Counsel prepare the Utah
Code database for publication by:
(1) amending Subsection 
77-20-1
(6)(b)(ii) in H.B. 220 to read:
"
(ii) would not unnecessarily intrude on the rights of the victim or place an undue
burden on the victim.
"
;
(2) not making the changes to Subsection 
77-20-1
(3) in H.B. 47; and
(3) adding a new Subsection 
77-20-1
(11) to read:
"
(11) Notwithstanding any other provisions of this section, there is a rebuttable
presumption that an individual is a substantial danger to the community:
(a) as long as the individual has a blood or breath alcohol concentration of .05 grams or
greater if the individual is arrested for or charged with the offense of driving under the
influence and the offense resulted in death or serious bodily injury to an individual; or
(b) if the individual has a measurable amount of controlled substance in the
individual's body, the individual is arrested for or charged with the offense of driving with a
measurable controlled substance in the body, and the offense resulted in death or serious bodily
injury to an individual.
"