Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 92 (2025GS)

Sponsor

Rep. Brooks, Walt

Final action

Governor Signed 3/25/2025

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• amends the circumstances under which a private individual may use force in defense of personal property;
• amends the circumstances under which a private individual may lawfully detain another individual, including removing the use of the term "arrest";
• provides a limitation on civil and criminal liability for a private individual who temporarily detains another individual under certain circumstances;
• amends the force in arrest statute to provide that the statute applies to law enforcement officers and creates a new statute for when force can be used by a private individual when making a temporary detention;
• amends procedures that govern the subsequent arrest and transportation of an individual who has been temporarily detained by another private individual;
• adds a coordination clause between this bill and S.B. 79, Technical Code Amendments, to provide that the changes to Section 77-7-3 will supersede the changes to that section in S.B. 79; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

22
76-2-403
76-2-406
77-7-3
77-7-7
77-7-7.1
77-7-23
78B-6-1605
80-6-201
0
Private Individual Force and Detention Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Walt Brooks
Senate Sponsor: Chris H. Wilson
LONG TITLE
General Description:
This bill concerns the ability of a private individual to use force or detain another individual.
Highlighted Provisions:
This bill:
amends the circumstances under which a private individual may use force in defense of 
personal property;
amends the circumstances under which a private individual may lawfully detain another 
individual, including removing the use of the term "arrest";
provides a limitation on civil and criminal liability for a private individual who 
temporarily detains another individual under certain circumstances;
amends the force in arrest statute to provide that the statute applies to law enforcement 
officers and creates a new statute for when force can be used by a private individual 
when making a temporary detention; 
amends procedures that govern the subsequent arrest and transportation of an individual 
who has been temporarily detained by another private individual; 
adds a coordination clause between this bill and S.B. 79, Technical Code Amendments, to 
provide that the changes to Section 77-7-3 will supersede the changes to that section in 
S.B. 79; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a coordination clause.
Utah Code Sections Affected:
AMENDS:
76-2-403
, as enacted by Laws of Utah 1973, Chapter 196
76-2-406
, as last amended by Laws of Utah 2024, Chapter 189
77-7-3
, as enacted by Laws of Utah 1980, Chapter 15
77-7-7
, as enacted by Laws of Utah 1980, Chapter 15
77-7-23
, as last amended by Laws of Utah 2018, Chapter 140
78B-6-1605
, as enacted by Laws of Utah 2009, Chapter 187
80-6-201
, as last amended by Laws of Utah 2024, Chapter 301
ENACTS:
77-7-7.1
, Utah Code Annotated 1953
Utah Code Sections Affected by Coordination Clause:
AMENDS:
77-7-3
, as enacted by Laws of Utah 1980, Chapter 15
Be it enacted by the Legislature of the state of Utah:
Section 1, Section 
76-2-403
 is amended to read:
76-2-403
. Force in arrest or temporary detention.
Any person
A person
 is justified in using any force, except deadly force, which 
he
the 
person
 reasonably believes to be necessary to effect an arrest 
or temporary detention 
or to 
defend 
himself
the person's self
 or another from bodily harm while making an arrest
 or 
temporary detention
.
Section 2, Section 
76-2-406
 is amended to read:
76-2-406
. Force in defense of property -- Affirmative defense.
(1)
Except as provided in Section 
76-2-405
, an actor is justified in using force, other than 
deadly force, against another individual when and to the extent that the actor reasonably 
believes that force is necessary to prevent or terminate the individual's criminal 
interference with
 real property or personal property
:
(a)
real or personal property 
lawfully in the actor's possession;
(b)
real or personal property 
lawfully in the possession of a member of the actor's 
immediate family;
 or
(c)
real or personal property 
belonging to an individual whose property the actor has a 
legal duty to protect
.
; or
(d)
personal property that the actor reasonably believes belongs to another person and 
that individual's criminal interference is meant to deprive the other person of the 
person's personal property.
(2)
In determining reasonableness under Subsection (1), the trier of fact shall, in addition to 
any other factors, consider the following factors:
(a)
the apparent or perceived extent of the damage to the property;
(b)
property damage previously caused by the other individual;
(c)
threats of personal injury or damage to property that have been made previously by 
the other individual; and
(d)
any patterns of abuse or violence between the actor and the individual.
Section 3, Section 
77-7-3
 is amended to read:
77-7-3
. Temporary detention made by a private individual.
(1)
A private 
person
individual
 may 
arrest
temporarily detain
 another
 individual
:
(1)
(a)
For 
for 
a public offense committed or attempted in 
his
the private individual's
presence; or
(2)
(b)
When 
when 
a felony has been committed and 
he
the private individual
 has 
reasonable cause to believe the 
person arrested
individual who the private individual 
seeks to temporarily detain
 has committed 
it
the felony
.
(2)
(a)
A temporary detention under Subsection 
(1)
 is lawful only if:
(i)
the private individual immediately contacts law enforcement to notify law 
enforcement of the situation and the temporary detention; and
(ii)
the temporary detention lasts only until a law enforcement officer arrives.
(b)
A private individual is not required to immediately contact law enforcement as 
described in Subsection 
(2)(a)(i)
 if the private individual knows that another 
individual has already contacted law enforcement to notify law enforcement of the 
situation and the temporary detention.
(3)
A private individual who in good faith conducts a lawful temporary detention under this 
section is:
(a)
not liable for civil damages or penalties as a result of an act or omission by the 
private individual in performing the temporary detention unless the private individual 
was grossly negligent; and
(b)
not subject to criminal prosecution for an act or omission by the private individual in 
performing the temporary detention unless the private individual was criminally 
negligent.
(4)
A private individual may use force while temporarily detaining another individual under 
this section as described in Section 
77-7-7.1
.
Section 4, Section 
77-7-7
 is amended to read:
77-7-7
. Use of force in making an arrest by a law enforcement officer.
(1)
If a person is being arrested and flees or forcibly resists after being informed of the 
intention to make the arrest, the 
person arresting
law enforcement officer making the 
arrest
 may use reasonable force to effect the arrest. 
(2)
Deadly force 
in making an arrest 
may be used only as provided in Section 
76-2-404
.
Section 5, Section 
77-7-7.1
 is enacted to read:
77-7-7.1
. Use of force in making a temporary detention by a private individual.
(1)
If a private individual temporarily detains another individual under Section 
77-7-3
, the 
private individual may use reasonable force to effect the temporary detention of the 
other individual if:
(a)
the other individual who is being temporarily detained flees or forcibly resists after 
being informed of the private individual's intention to make the temporary detention; 
and
(b)
the private individual's temporary detention of the other individual is lawful.
(2)
Deadly force in making a temporary detention may only be used if the situation justifies 
the use of deadly force under Section 
76-2-402
, 
76-2-405
, or 
76-2-407
.
Section 6, Section 
77-7-23
 is amended to read:
77-7-23
. Delivery of an individual arrested without a warrant to a magistrate -- 
Transfer to a court with jurisdiction -- Transfer of duties -- Violation as misdemeanor.
(1)
(a)
(i)
(A)
When 
If 
an arrest is made without a warrant by a peace officer
 or 
private person
, the 
person arrested
individual who has been arrested
 shall be 
taken 
by a peace officer 
without unnecessary delay to the magistrate in the 
district court, the precinct of the county, or the municipality in which the 
offense occurred, except under Subsection 
(2)
. 
(B)
An information stating the charge against the 
person
arrested individual
 shall 
be made before the magistrate.
(ii)
If a private individual temporarily detains another individual under Section 
77-7-3
, 
a peace officer shall determine whether to release or arrest the individual who has 
been detained, and if the peace officer arrests the individual who has been 
detained, the peace officer shall follow the procedures described in Subsection 
(1)(a)(i)
.
(b)
If the justice court judge of the precinct or municipality or the district court judge is 
not available, the arrested 
person
individual
 shall be taken before the magistrate 
within the same county who is nearest to the scene of the alleged offense or nearest to 
the jail under Subsection 
(2)
, who may act as committing magistrate for arraigning 
the accused
 individual
, setting bail, or issuing warrants.
(2)
(a)
If the arrested 
person
individual
 under Subsection 
(1)
 must be transported from 
jail to a magistrate, the 
person
individual
 may be taken before the magistrate nearest 
to the jail rather than the magistrate specified in Subsection 
(1)
 for arraignment, 
setting bail, or issuing warrants.
(b)
The case shall then be transferred to the court having jurisdiction.
(3)
If a jail accepts custody of 
a person
an individual
 arrested under Subsection 
(1)
, the 
duties under this section of the peace officer 
or private person 
who makes the arrest are 
transferred to the jail and the jail's personnel.
(4)
This section does not confer jurisdiction upon a court unless otherwise provided by law.
(5)
Any officer or person violating this section is guilty of 
A violation of this section is 
a 
class B misdemeanor.
Section 7, Section 
78B-6-1605
 is amended to read:
78B-6-1605
. Reservation of legal options -- Ordinances.
(1)
(a)
This part may not be construed as a waiver by a local entity of a right to seek 
reimbursement for actual costs of response services through another legal remedy or 
procedure.
(b)
The procedure provided for in this part is in addition to any other civil or criminal 
statute.
(c)
This part does not limit the authority of a law enforcement officer 
to make an arrest, 
or 
a 
private 
citizen to make an arrest
individual to make a lawful temporary 
detention under Section 
77-7-3
,
 for a criminal offense arising out of conduct 
regulated by this part.
(2)
A local entity may impose by ordinance a stricter provision related to the conduct of an 
underage drinking gathering, including the imposition of a different civil penalty 
amount, except that the ordinance shall provide that a civil penalty for an underage 
drinking gathering may only be imposed by a local entity for which an emergency 
response provider provides services at the underage drinking gathering.
Section 8, Section 
80-6-201
 is amended to read:
80-6-201
. Minor taken into temporary custody by peace officer, private 
individual, or probation officer -- Grounds -- Protective custody.
(1)
A minor may be taken into temporary 
custody by a peace officer without a court 
order, or a warrant under Section 
80-6-202
, 
if the peace officer has probable cause to 
believe that:
(a)
the minor has committed an offense under municipal, state, or federal law;
(b)
the minor seriously endangers the minor's own welfare or the welfare of others and 
taking the minor into temporary custody appears to be necessary for the protection of 
the minor or others;
(c)
the minor has run away or escaped from the minor's parents, guardian, or custodian; 
or
(d)
the minor is:
(i)
subject to the state's compulsory education law; and
(ii)
subject to Sections 
53G-6-208
 and 
53G-8-211
, absent from school without 
legitimate or valid excuse.
(2)
A private 
citizen
individual
 may take a minor into temporary 
custody if under the 
circumstances the private 
citizen could make a citizen's arrest
individual would be 
lawfully able to effect a temporary detention
 under Section 
77-7-3
if the minor was an 
adult.
(3)
A juvenile probation officer may take a minor into temporary custody:
(a)
under the same circumstances as a peace officer in Subsection (1); or
(b)
if the juvenile probation officer has a reasonable suspicion that 
the minor has 
violated the conditions of the minor's probation.
(4)
(a)
Nothing in this part shall be construed to prevent a peace officer or the Division of 
Child and Family Services from taking a minor into protective custody under Section 
80-2a-202
 or 
80-3-204
.
(b)
If a peace officer or the Division of Child and Family Services takes a minor into 
protective custody, the provisions of Chapter 2, Child Welfare Services, Chapter 2a, 
Removal and Protective Custody of a Child, and Chapter 3, Abuse, Neglect, and 
Dependency Proceedings shall govern.
Section 9. 
Effective Date.
This bill takes effect on 
May 7, 2025
.
Section 10. 
Coordinating H.B. 92 with S.B. 79.
If H.B. 92, Private Individual Force and Detention Amendments, and S.B. 79, Technical 
Code Amendments, both pass and become law, the Legislature intends that, on May 7, 2025, 
the amendments to Section 
77-7-3
 in H.B. 92 supersede the amendments to Section 
77-7-3
 in 
S.B. 79.
3-7-25 8:28 AM