Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 177 (2024GS)

Sponsor

Rep. Gwynn, M.

Final action

Governor Signed 3/13/2024

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• defines terms;
• provides an exception to the requirement that a law enforcement officer knock and demand admission and wait a reasonable time before forcibly entering a premises in certain circumstances; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

This document includes House Committee Amendments incorporated into the bill on Tue, Jan 30, 2024 at 10:23 AM by housengrossing.
FORCIBLE ENTRY WARRANT AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Matthew H. Gwynn
Senate Sponsor: 
 Michael K. McKell
LONG TITLE
General Description:
This bill amends the requirements for law enforcement officers to forcibly enter a
premises.
Highlighted Provisions:
This bill:
▸ defines terms;
▸ provides an exception to the requirement that a law enforcement officer knock and
demand admission and wait a reasonable time before forcibly entering a premises in
certain circumstances; and
▸ makes technical and conforming 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 2022, Chapter 131
77-7-8.1
, as enacted by Laws of Utah 2022, Chapter 131
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) As used in this section:
(a) "Daytime hours" means the same as that term is defined in Section 
77-7-5
.
(b) [
"Forcible entry"
] 
"Forcibly enter"
 means entering any [
building, room,
conveyance, compartment, or other enclosure
] 
premises
 by force.
(c) "Knock" means to knock with reasonably strong force in a quick succession of three
or more contacts with a door or other point of entry into a building that would allow the
occupant to reasonably hear the 
peace
 officer's demand for entry.
(d) "Knock and announce warrant" means a lawful search warrant that authorizes entry
into a building after knocking and demanding entry onto [
property or building as outlined
] 
a
premises described
 in Subsection (2).
(e) "Nighttime hours" means the same as that term is defined in Section 
77-7-5
.
(f) "Peace officer" means the same as that term is defined in Section 
53-1-102
.
(g) "Premises" means any
Ĥ→ [
property,
] ←Ĥ
building, room, conveyance, compartment,
43a 
or other
enclosure.
[
(f)
] 
(h) (i)
 "Supervisory official" means a command-level officer [
and
]
.
(ii) "Supervisory official"
 includes [
all sheriffs, heads of law enforcement agencies
] 
a
sheriff, a head of a law enforcement agency
, and [
all
] 
a
 supervisory enforcement [
officers
]
officer
 equivalent to a sergeant rank or higher.
(2) (a) Subject to the provisions of this [
subsection, an
] 
Subsection (2), a peace
 officer
when making a lawful arrest
,
 or serving a [
lawful
] knock and announce warrant, may [
make
forcible entry
] 
forcibly enter a premises:
(i)
 [
where the person
] 
if the individual
 to be arrested is located[
,
] 
within the premises;
or
(ii)
 [
where
] 
if
 there is probable cause [
for believing the person to be
] 
to believe that the
individual is located within the premises
.
(b) 
(i)
 [
Before making the forcible entry, the
] 
Subject to Subsection (3), before forcibly
entering a premises as described in Subsection (2)(a), a peace
 officer shall:
[
(i)
] 
(A)
 wear readily identifiable markings, including a badge and vest or clothing with
a distinguishing label or other writing [
which
] 
that
 identifies the [
person
] 
individual
 as a law
enforcement officer;
[
(ii)
] 
(B)
 audibly identify himself or herself as a law enforcement officer;
[
(iii)
] 
(C)
 knock and demand admission more than once;
[
(iv)
] 
(D)
 wait a reasonable period of time for an occupant to admit access after
knocking and demanding admission; and
[
(v)
] 
(E)
 explain the purpose for which admission is desired.
(3)
 [
(c)
] 
(a)
 [
(i) The officer need not knock, give a demand and explanation, or identify
himself or herself, before making a forcible entry
] 
A peace officer does not need to:
(i) comply with the requirements of Subsection (2)(b)(i)(B), (2)(b)(i)(C), (2)(b)(i)(D),
and (2)(b)(i)(E) before forcibly entering a premises
:
(A) under the exceptions in Section 
77-7-6
or 
77-7-8.1
;
(B) where there is probable cause to believe exigent circumstances exist due to the
destruction of evidence; or
(C) 
where
 there is reasonable suspicion to believe exigent circumstances exist due to
the physical safety of [
an
] 
a peace
 officer or individual inside or in near proximity to the
[
building.
] 
premises; or
(ii) comply with the requirements described in Subsections (2)(b)(i)(C) and (2)(b)(i)(D)
before forcibly entering a premises if the officer, or another peace officer:
(A) has been near the premises for an extended amount of time and a reasonable person
would conclude that an individual on the premises knows or should know that a peace officer is
present;
(B) has demanded admission
Ĥ→ 
and announced an intent to enter the premises more
81a 
than once
 ←Ĥ
; and
(C) has complied with Subsections (2)(b)(i)(A), (2)(b)(i)(B), and (2)(b)(i)(E).
[
(ii)
] 
(b)
 [
The
] 
If a peace officer forcibly enters a premises under Subsection (3)(a)(i),
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)
] 
(4)
 The 
peace
 officer may use only that force [
which
] 
that
 is reasonable and
necessary to [
effectuate forcible entry
] 
forcibly enter a premises
 under this section.
[
(3)
] 
(5)
 Subject to Subsection [
(4)
] 
(6)
, if the [
building
] 
premises
 to be entered under
Subsection [
(2)
] 
(2)(a)
 appears to be a private residence or the 
peace
 officer knows the
[
building
] 
premises
 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
] 
premises
:
(a) obtain an arrest or search warrant if the [
building
] 
premises
 is the residence of the
[
person
] 
individual
 to be arrested; or
(b) obtain a search warrant if the building is a 
private
 residence, but not the residence
of the [
person
] 
individual
 whose arrest is sought.
[
(4)
] 
(6)
 Before seeking a warrant from a judge or magistrate under Subsection [
(2)
]
(2)(a)
, a supervisory official shall, using the 
peace
 officer's affidavit:
(a) independently perform an assessment to evaluate the totality of the circumstances;
(b) ensure reasonable intelligence gathering efforts have been made;
(c) ensure a threat assessment was completed on the [
person or building
] 
individual or
premises
 to be searched; and
(d) determine either that there is a sufficient basis to support seeking a warrant or
require that the 
peace
 officer continue evidence gathering efforts.
[
(5)
] 
(7)
 Notwithstanding any other provision of this chapter, [
forcible entry under this
section
] 
a peace officer
 may not [
be made
] 
forcibly enter a premises based
 solely [
for the
alleged
] 
on
:
(a) 
the alleged
 possession or use of a controlled substance under Section 
58-37-8
; or
(b) [
the
] 
the alleged
 possession of drug paraphernalia as defined in Section 
58-37a-3
.
[
(6)
] 
(8)
 All arrest warrants are subject to the conditions [
set forth
] 
described
 in
Subsection 
77-7-5
(2).
[
(7)
] 
(9)
 [
Unless specifically requested by the affiant and approved by a judge or
magistrate, all knock and announce warrants shall be served
] 
A peace officer shall serve a
knock and announce warrant
 during daytime hours 
unless a peace officer has requested, and a
judge or magistrate has approved, for the warrant to be served during nighttime hours
.
Section 2. Section 
77-7-8.1
 is amended to read:
77-7-8.1.
Forcible entry to conduct a search -- Conditions requiring a warrant --
No-knock warrants.
(1) As used in this section:
(a) "Daytime hours" means the same as that term is defined in Section 
77-7-5
.
(b) [
"Forcible entry"
] 
"Forcibly enter"
 means the same as that term is defined in
Section 
77-7-8
.
(c) "Nighttime hours" means the same as that term is defined in Section 
77-7-5
.
(d) "No-knock warrant" means a lawful search warrant that authorizes entry [
into a
building
] 
onto a premises
 without notice to any occupant [
in the property or building
] 
on the
premises
 at the time of service.
(e) "Supervisory official" means the same as that term is defined in Section 
77-7-8
.
(f) "Peace officer" means the same as that term is defined in Section 
53-1-102
.
(g) "Premises" means any property, building, room, conveyance, compartment, or other
enclosure.
(2) Subject to the provisions of this section, [
an
] 
a peace
 officer serving a lawful
no-knock warrant may [
make a forcible entry onto the property or building
] 
forcibly enter a
premises
 to be searched without notice.
(3) Before seeking a no-knock warrant from a judge or magistrate under Subsection
(2), a supervisory official shall, using the 
peace
 officer's affidavit:
(a) independently perform an assessment to evaluate the totality of the circumstances;
(b) ensure reasonable intelligence gathering efforts have been made;
(c) ensure a threat assessment was completed on the [
person or building
] 
individual or
premises
 to be searched; and
(d) determine either that there is a sufficient basis to support seeking a warrant or
require that the 
peace
 officer continue evidence gathering efforts.
(4) (a) The affidavit for a no-knock warrant shall describe:
(i) why the 
peace
 officer believes the suspect is unable to be detained or the residence
searched using less invasive or less confrontational methods;
(ii) investigative activities that have been undertaken to ensure that the correct
[
building
] 
premises
 is identified and that potential harm to innocent third parties, the [
building
]
premises
, and officers may be minimized; or
(iii) the present or imminent threat of serious bodily injury or death to [
a person
] 
an
individual
 inside, outside, or in near proximity to the [
building
] 
premises
.
(b) [
A
] 
A peace office shall serve a
 no-knock warrant [
shall be served
] during daytime
hours unless [
the
] 
a peace officer's
 affidavit states sufficient grounds to believe a search is
necessary during nighttime hours.
(5) [
Upon serving a no-knock warrant, an
] 
An
 officer shall wear readily identifiable
markings 
when serving a no-knock warrant
, including a badge and vest or clothing with a
distinguishing label or other writing [
which
] 
that
 shows that the [
person
] 
individual
 is a [
law
enforcement
] 
peace
 officer.
(6) Notwithstanding any other provision of this chapter, [
an
] 
a peace
 officer may not
request a no-knock warrant if the warrant is solely for a misdemeanor investigation.
Section 3. 
Effective date.
This bill takes effect on May 1, 2024.