02-02 20:00 1st Sub. (Buff) H.B. 92
Walt Brooks proposes the following substitute bill:
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Private Individual Force and Detention Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Walt Brooks
Senate Sponsor:
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LONG TITLE
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General Description:
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This bill concerns the ability of a private individual to use force or detain another individual.
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Highlighted Provisions:
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This bill:
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▸ amends the circumstances under which a private individual may use force in defense of
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personal property;
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▸ amends the circumstances under which a private individual may lawfully detain another
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individual, including removing the use of the term "arrest";
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▸ provides a limitation on civil and criminal liability for a private individual who
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temporarily detains another individual under certain circumstances;
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▸ amends the force in arrest statute to provide that the statute applies to law enforcement
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officers and creates a new statute for when force can be used by a private individual
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when making a temporary detention;
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▸ amends procedures that govern the subsequent arrest and transportation of an individual
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who has been temporarily detained by another private individual;
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▸ adds a coordination clause between this bill and S.B. 79, Technical Code Amendments, to
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provide that the changes to Section 77-7-3 will supersede the changes to that section in
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S.B. 79; and
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▸ makes technical and conforming changes.
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Money Appropriated in this Bill:
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None
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Other Special Clauses:
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This bill provides a coordination clause.
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Utah Code Sections Affected:
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AMENDS:
1st Sub. H.B. 92 1st Sub. (Buff) H.B. 92 02-02 20:00
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76-2-406, as last amended by Laws of Utah 2024, Chapter 189
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77-7-3, as enacted by Laws of Utah 1980, Chapter 15
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77-7-7, as enacted by Laws of Utah 1980, Chapter 15
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77-7-23, as last amended by Laws of Utah 2018, Chapter 140
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78B-6-1605, as enacted by Laws of Utah 2009, Chapter 187
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80-6-201, as last amended by Laws of Utah 2024, Chapter 301
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ENACTS:
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77-7-7.1, Utah Code Annotated 1953
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Utah Code Sections affected by Coordination Clause:
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77-7-3, as enacted by Laws of Utah 1980, Chapter 15
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Be it enacted by the Legislature of the state of Utah:
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Section 1. Section 76-2-406 is amended to read:
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76-2-406 . Force in defense of property -- Affirmative defense.
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(1) Except as provided in Section 76-2-405, an actor is justified in using force, other than
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deadly force, against another individual when and to the extent that the actor reasonably
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believes that force is necessary to prevent or terminate the individual's criminal
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interference with[ real property or personal property]:
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(a) real or personal property lawfully in the actor's possession;
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(b) real or personal property lawfully in the possession of a member of the actor's
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immediate family; [or]
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(c) real or personal property belonging to an individual whose property the actor has a
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legal duty to protect[.] ; or
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(d) personal property that the actor reasonably believes belongs to another person and
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that individual's criminal interference is meant to deprive the other person of the
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person's personal property.
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(2) In determining reasonableness under Subsection (1), the trier of fact shall, in addition to
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any other factors, consider the following factors:
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(a) the apparent or perceived extent of the damage to the property;
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(b) property damage previously caused by the other individual;
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(c) threats of personal injury or damage to property that have been made previously by
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the other individual; and
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(d) any patterns of abuse or violence between the actor and the individual.
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The following section is affected by a coordination clause at the end of this bill.
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Section 2. Section 77-7-3 is amended to read:
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77-7-3 . Temporary detention made by a private individual.
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(1) A private [person] individual may [arrest] temporarily detain another individual:
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[(1)] (a) [For ] for a public offense committed or attempted in [his] the private individual's
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presence; or
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[(2)] (b) [When ] when a felony has been committed and [he] the private individual has
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reasonable cause to believe the [person arrested] individual who the private individual
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seeks to temporarily detain has committed [it] the felony.
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(2)(a) A temporary detention under Subsection (1) is lawful only if:
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(i) the private individual immediately contacts law enforcement to notify law
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enforcement of the situation and the temporary detention; and
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(ii) the temporary detention lasts only until a law enforcement officer arrives.
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(b) A private individual is not required to immediately contact law enforcement as
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described in Subsection (2)(a)(i) if the private individual knows that another
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individual has already contacted law enforcement to notify law enforcement of the
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situation and the temporary detention.
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(3) A private individual who in good faith conducts a lawful temporary detention under this
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section is:
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(a) not liable for civil damages or penalties as a result of an act or omission by the
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private individual in performing the temporary detention unless the private individual
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was grossly negligent; and
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(b) not subject to criminal prosecution for an act or omission by the private individual in
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performing the temporary detention unless the private individual was criminally
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negligent.
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(4) A private individual may use force while temporarily detaining another individual under
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this section as described in Section 77-7-7.1.
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Section 3. Section 77-7-7 is amended to read:
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77-7-7 . Use of force in making an arrest by a law enforcement officer.
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(1) If a person is being arrested and flees or forcibly resists after being informed of the
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intention to make the arrest, the [person arresting] law enforcement officer making the
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arrest may use reasonable force to effect the arrest.
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(2) Deadly force in making an arrest may be used only as provided in Section 76-2-404.
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Section 4. Section 77-7-7.1 is enacted to read:
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77-7-7.1 . Use of force in making a temporary detention by a private individual.
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If a private individual temporarily detains another individual under Section 77-7-3, the
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private individual may use reasonable force to effect the temporary detention of the other
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individual if:
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(1) the other individual who is being temporarily detained flees or forcibly resists after
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being informed of the private individual's intention to make the temporary detention; and
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(2) the private individual's temporary detention of the other individual is lawful.
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Section 5. Section 77-7-23 is amended to read:
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77-7-23 . Delivery of an individual arrested without a warrant to a magistrate --
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Transfer to a court with jurisdiction -- Transfer of duties -- Violation as misdemeanor.
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(1)(a) [When ]
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(i)(A) If an arrest is made without a warrant by a peace officer[ or private person],
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the [person arrested] individual who has been arrested shall be taken by a peace
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officer without unnecessary delay to the magistrate in the district court, the
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precinct of the county, or the municipality in which the offense occurred,
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except under Subsection (2).
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(B) An information stating the charge against the [person] arrested individual shall
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be made before the magistrate.
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(ii) If a private individual temporarily detains another individual under Section 77-7-3,
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a peace officer shall determine whether to release or arrest the individual who has
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been detained, and if the peace officer arrests the individual who has been
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detained, the peace officer shall follow the procedures described in Subsection
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(1)(a)(i).
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(b) If the justice court judge of the precinct or municipality or the district court judge is
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not available, the arrested [person] individual shall be taken before the magistrate
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within the same county who is nearest to the scene of the alleged offense or nearest to
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the jail under Subsection (2), who may act as committing magistrate for arraigning
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the accused individual, setting bail, or issuing warrants.
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(2)(a) If the arrested [person] individual under Subsection (1) must be transported from
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jail to a magistrate, the [person] individual may be taken before the magistrate nearest
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to the jail rather than the magistrate specified in Subsection (1) for arraignment,
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setting bail, or issuing warrants.
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(b) The case shall then be transferred to the court having jurisdiction.
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(3) If a jail accepts custody of [a person] an individual arrested under Subsection (1), the
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duties under this section of the peace officer [or private person ]who makes the arrest are
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transferred to the jail and the jail's personnel.
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(4) This section does not confer jurisdiction upon a court unless otherwise provided by law.
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(5) [Any officer or person violating this section is guilty of ] A violation of this section is a
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class B misdemeanor.
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Section 6. Section 78B-6-1605 is amended to read:
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78B-6-1605 . Reservation of legal options -- Ordinances.
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(1)(a) This part may not be construed as a waiver by a local entity of a right to seek
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reimbursement for actual costs of response services through another legal remedy or
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procedure.
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(b) The procedure provided for in this part is in addition to any other civil or criminal
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statute.
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(c) This part does not limit the authority of a law enforcement officer to make an arrest,
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or a private [citizen to make an arrest] individual to make a lawful temporary
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detention under Section 77-7-3, for a criminal offense arising out of conduct
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regulated by this part.
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(2) A local entity may impose by ordinance a stricter provision related to the conduct of an
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underage drinking gathering, including the imposition of a different civil penalty
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amount, except that the ordinance shall provide that a civil penalty for an underage
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drinking gathering may only be imposed by a local entity for which an emergency
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response provider provides services at the underage drinking gathering.
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Section 7. Section 80-6-201 is amended to read:
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80-6-201 . Minor taken into temporary custody by peace officer, private
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individual, or probation officer -- Grounds -- Protective custody.
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(1) A minor may be taken into temporary [ ]custody by a peace officer without a court
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order, or a warrant under Section 80-6-202, [ ]if the peace officer has probable cause to
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believe that:
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(a) the minor has committed an offense under municipal, state, or federal law;
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(b) the minor seriously endangers the minor's own welfare or the welfare of others and
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taking the minor into temporary custody appears to be necessary for the protection of
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the minor or others;
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(c) the minor has run away or escaped from the minor's parents, guardian, or custodian;
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or
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(d) the minor is:
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(i) subject to the state's compulsory education law; and
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(ii) subject to Sections 53G-6-208 and 53G-8-211, absent from school without
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legitimate or valid excuse.
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(2) A private [citizen] individual may take a minor into temporary [ ]custody if under the
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circumstances the private [citizen could make a citizen's arrest] individual would be
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lawfully able to effect a temporary detention under Section 77-7-3 [ ]if the minor was an
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adult.
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(3) A juvenile probation officer may take a minor into temporary custody:
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(a) under the same circumstances as a peace officer in Subsection (1); or
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(b) if the juvenile probation officer has a reasonable suspicion that [ ]the minor has
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violated the conditions of the minor's probation.
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(4)(a) Nothing in this part shall be construed to prevent a peace officer or the Division of
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Child and Family Services from taking a minor into protective custody under Section
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80-2a-202 or 80-3-204.
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(b) If a peace officer or the Division of Child and Family Services takes a minor into
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protective custody, the provisions of Chapter 2, Child Welfare Services, Chapter 2a,
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Removal and Protective Custody of a Child, and Chapter 3, Abuse, Neglect, and
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Dependency Proceedings shall govern.
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Section 8. Effective Date.
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This bill takes effect on May 7, 2025.
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Section 9. Coordinating H.B. 92 with S.B. 79.
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If H.B. 92, Private Individual Force and Detention Amendments, and S.B. 79, Technical
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Code Amendments, both pass and become law, the Legislature intends that, on May 7, 2025,
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the amendments to Section 77-7-3 in H.B. 92 supersede the amendments to Section 77-7-3 in
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S.B. 79.
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