Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 110 (2025GS)

Sponsor

Sen. Pitcher, Stephanie

Final action

Governor Signed 3/25/2025

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• creates a presumption against issuing a warrant in lieu of a summons in certain circumstances;
• provides the requirements for overcoming the presumption; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

3
77-7-5
Summons Modifications
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Stephanie Pitcher
House Sponsor: Ryan D. Wilcox
LONG TITLE
General Description:
This bill addresses the issuance of a summons.
Highlighted Provisions:
This bill:
creates a presumption against issuing a warrant in lieu of a summons in certain 
circumstances;
provides the requirements for overcoming the presumption; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
77-7-5
, as last amended by Laws of Utah 2023, Chapter 497
Be it enacted by the Legislature of the state of Utah:
Section 1, Section 
77-7-5
 is amended to read:
77-7-5. Issuance of summons or warrant -- Time and place arrests may be made 
-- Contents of warrant or summons -- Responsibility for transporting prisoners.
(1)
As used in this section:
(a)
"Daytime hours" means the hours after 6 a.m. and before 10 p.m.
(b)
"Nighttime hours" means the hours after 10 p.m. and before 6 a.m.
(2)
A magistrate may issue a warrant for arrest in lieu of a summons for the appearance of 
the accused only upon finding:
(a)
probable cause to believe that the person to be arrested has committed a public 
offense; and
(b)
under 
the 
Rule 6 of the 
Utah Rules of Criminal Procedure
,
 and this section that a 
warrant is necessary to:
(i)
prevent risk of injury to a person or property;
(ii)
secure the appearance of the accused; or
(iii)
protect the public safety and welfare of the community or an individual.
(3)
There is a presumption against the issuance of a warrant in lieu of a summons if:
(a)
after being booked into jail on conduct that would constitute an offense, the accused 
was released from jail because the prosecuting attorney did not file an information 
within the time period required under Rule 9 of the Utah Rules of Criminal 
Procedure; and
(b)
the prosecuting attorney filed an information more than 60 days after the day on 
which the accused was released from jail.
(4)
The presumption described in Subsection 
(3)
 may be overcome if:
(a)
the accused fails to appear on a served summons;
(b)
a summons is unable to be served after good faith efforts; or
(c)
the prosecuting attorney establishes good cause for issuing a warrant in lieu of a 
summons to:
(i)
prevent risk of injury to a person or property; or
(ii)
protect the public safety and welfare of the community or an individual.
(3)
(5)
If the offense charged is:
(a)
a felony, the arrest upon a warrant may be made at any time of the day or night; or
(b)
a misdemeanor, the arrest upon a warrant may be made during nighttime hours only 
if:
(i)
the magistrate has endorsed authorization to do so on the warrant;
(ii)
the person to be arrested is upon a public highway, in a public place, or in a place 
open to or accessible to the public; or
(iii)
the person to be arrested is encountered by a peace officer in the regular course 
of that peace officer's investigation of a criminal offense unrelated to the 
misdemeanor warrant for arrest.
(4)
(6)
(a)
If the magistrate determines that the accused must appear in court, the 
magistrate shall include in the arrest warrant the name of the law enforcement agency 
in the county or municipality with jurisdiction over the offense charged.
(b)
(i)
The law enforcement agency identified by the magistrate under Subsection 
(4)(a)
(6)(a)
 is responsible for providing inter-county transportation of the 
defendant, if necessary, from the arresting law enforcement agency to the court 
site.
(ii)
The law enforcement agency named on the warrant may contract with another 
law enforcement agency to have a defendant transported.
(5)
(7)
The law enforcement agency identified by the magistrate under Subsection 
(4)(a)
(6)(a)
 shall indicate to the court within 48 hours of the issuance, excluding Saturdays, 
Sundays, and legal holidays if a warrant issued in accordance with this section is an 
extradition warrant.
(6)
(8)
The law enforcement agency identified by the magistrate under Subsection 
(4)(a)
(6)(a)
 shall report any changes to the status of a warrant issued in accordance with this 
section to the Bureau of Criminal Identification.
Section 2. 
Effective Date.
This bill takes effect on 
May 7, 2025
.
1-28-25 2:02 PM