Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 356 (2024GS)

Sponsor

Rep. Shipp, R.P.

Final action

Governor Signed 3/13/2024

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• amends the requirements for collecting pretrial information when an individual is arrested without a warrant and is booked at a jail facility; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

BAIL AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Rex P. Shipp
Senate Sponsor: 
 Kirk A. Cullimore
LONG TITLE
General Description:
This bill amends provisions related to bail and pretrial release.
Highlighted Provisions:
This bill:
▸ amends the requirements for collecting pretrial information when an individual is
arrested without a warrant and is booked at a jail facility; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
77-20-202
, as last amended by Laws of Utah 2023, Chapter 447
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
77-20-202
 is amended to read:
77-20-202.
Collection of pretrial information.
(1) [
On or after May 4, 2022, when
] 
When
 an individual is arrested without a warrant
for an offense and booked at a jail facility, an employee at the jail facility, or an employee of a
pretrial services program, shall submit the following information to the court with the probable
cause statement [
to the extent that the information is reasonably available to the employee
]:
(a) identification information for the individual, including:
(i) the individual's legal name and any known aliases;
(ii) the individual's date of birth;
(iii) the individual's state identification number;
(iv) the individual's mobile phone number; and
(v) the individual's email address;
(b) the individual's residential address;
(c) any pending criminal charge or warrant for the individual, including the offense
tracking number of the current offense for which the individual is booked;
(d) the individual's probation or parole supervision status;
(e) whether the individual was on pretrial release for another criminal offense prior to
the booking of the individual for the current criminal offense 
if the employee knows that the
individual was on pretrial release for a prior criminal offense
;
(f) the individual's financial circumstances to the best of the individual's knowledge at
the time of booking, including:
(i) the individual's current employer;
(ii) the individual's monthly income, including any alimony or child support that
contributes to the individual's monthly income;
(iii) the individual's monthly expenses, including any alimony or child support
obligation that the individual is responsible for paying;
(iv) the individual's ownership of, or any interest in, personal or real property,
including any savings or checking accounts or cash;
(v) the number, ages, and relationships of any dependents;
(vi) any financial support or benefit that the individual receives from a state or federal
government; and
(vii) any other information about the individual's financial circumstances that may be
relevant;
(g) any ties the individual has to the community, including:
(i) the length of time that the individual has been at the individual's residential address;
(ii) any enrollment in a local college, university, or trade school; and
(iii) the name and contact information for any family member or friend that the
individual believes would be willing to provide supervision of the individual; [
and
]
(h) the results of a lethality assessment completed in accordance with Section
77-36-2.1
, if any[
.
]
; and
(i) whether the individual is under the influence of alcohol or a controlled substance to
a degree that would endanger the individual or another individual if the individual is released.
(2) Upon request, the jail facility, or the pretrial services program, shall provide the
information described in Subsection (1) to the individual, the individual's attorney, or the
prosecuting attorney.
(3) Any information collected from an individual under Subsection (1) is inadmissible
in any court proceeding other than:
(a) a criminal proceeding addressing the individual's pretrial release or indigency for
the offense, or offenses, for which the individual was arrested or charged with; or
(b) another criminal proceeding regarding prosecution for providing a false statement
under Subsection (1).
(4) Nothing in this section prohibits a court and a county from entering into an
agreement regarding information to be submitted to the court with a probable cause statement.
Section 2. 
Effective date.
This bill takes effect on May 1, 2024.