02-07 13:38 H.B. 448
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Pretrial Release Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Colin W. Jack
Senate Sponsor:
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LONG TITLE
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General Description:
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This bill addresses pretrial release.
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Highlighted Provisions:
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This bill:
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▸ provides a sunset date for statutory provisions related to a violation of a pretrial order;
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▸ creates a crime for a violation of a pretrial order;
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▸ addresses an arrest by a county sheriff for a violation of a pretrial order;
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▸ modifies the jurisdiction of the district court to address a violation of a pretrial order; 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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None
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Utah Code Sections Affected:
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AMENDS:
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63I-1-277, as last amended by Laws of Utah 2024, Third Special Session, Chapter 5
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63I-1-278, as last amended by Laws of Utah 2024, Third Special Session, Chapter 5
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78A-5-102, as last amended by Laws of Utah 2024, Chapter 158
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ENACTS:
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77-20-210, Utah Code Annotated 1953
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Be it enacted by the Legislature of the state of Utah:
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Section 1. Section 63I-1-277 is amended to read:
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63I-1-277 . Repeal dates: Title 77.
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[Reserved.] Section 77-20-210, regarding a violation of a pretrial order, is repealed on
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July 1, 2028.
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Section 2. Section 63I-1-278 is amended to read:
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63I-1-278 . Repeal dates: Title 78A and Title 78B.
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(1) Subsection 78A-5-102(7)(b), granting a district court with original jurisdiction over a
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violation of a pretrial order, is repealed on July 1, 2028.
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[(1)] (2) Subsection 78A-7-106(7), regarding the transfer of a criminal action involving a
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domestic violence offense from the justice court to the district court, is repealed July 1,
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2029.
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[(2)] (3) Section 78B-3-421, Arbitration agreements, is repealed July 1, 2029.
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[(3)] (4) Section 78B-4-518, Limitation on liability of employer for an employee convicted
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of an offense, is repealed July 1, 2025.
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[(4)] (5) Title 78B, Chapter 6, Part 2, Alternative Dispute Resolution Act, is repealed July 1,
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2026.
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[(5)] (6) Section 78B-22-805, Interdisciplinary Parental Representation Pilot Program, is
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repealed December 31, 2026.
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Section 3. Section 77-20-210 is enacted to read:
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77-20-210 . Violation of pretrial order -- 24-hour hold for violation.
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(1) As used in this section, "pretrial order" means a temporary pretrial status order or a
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pretrial status order.
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(2) An individual commits a violation of a pretrial order if:
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(a) the individual commits, and is arrested for, an offense in Iron County, Kane County,
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or Washington County;
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(b) a magistrate or judge issued a pretrial order imposing a condition, or a combination
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of conditions, for the individual's pretrial release; and
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(c) the individual knowingly or intentionally violates a condition in the pretrial order.
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(3) A violation of Subsection (2) is a class C misdemeanor.
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(4)(a) If a county sheriff in Iron County, Kane County, or Washington County
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determines that there is probable cause to believe that an individual has committed a
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violation of a pretrial order, the county sheriff may take custody of, and detain, the
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individual for a maximum of 24 hours without obtaining a warrant issued by a court.
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(b) A written order from the county sheriff is sufficient authorization for a peace officer
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to detain an individual if the county sheriff has determined that there is probable
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cause to believe that the individual has committed a violation of a pretrial order.
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(c) If the county sheriff detains an individual for a violation of a pretrial order, the
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county sheriff shall ensure the proper court is notified.
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(5) If an individual commits a violation of a pretrial order outside of the jurisdiction of the
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county sheriff supervising the individual on pretrial release, the arresting law
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enforcement agency is not required to hold or transport the individual to the county
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sheriff.
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(6) This section does not prohibit a county sheriff or jail facility from detaining an
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individual in accordance with this chapter for a new criminal offense.
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Section 4. Section 78A-5-102 is amended to read:
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78A-5-102 . Jurisdiction of the district court -- Appeals.
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(1) Except as otherwise provided by the Utah Constitution or by statute, the district court
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has original jurisdiction in all matters civil and criminal.
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(2) A district court judge may:
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(a) issue all extraordinary writs and other writs necessary to carry into effect the district
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court judge's orders, judgments, and decrees; and
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(b) preside over an action for which the Business and Chancery Court has jurisdiction if:
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(i) the district court judge is designated by the presiding officer of the Judicial
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Council to preside over an action in the Business and Chancery Court as described
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in Section 78A-1-103.5; and
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(ii) a Business and Chancery Court judge is unable to preside over the action due to
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recusal or disqualification.
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(3) The district court has jurisdiction:
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(a) over matters of lawyer discipline consistent with the rules of the Supreme Court;
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(b) over all matters properly filed in the circuit court prior to July 1, 1996;
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(c) to enforce foreign protective orders as described in Subsection 78B-7-303(8);
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(d) to enjoin a violation of Title 58, Chapter 37, Utah Controlled Substances Act;
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(e) over a petition seeking to terminate parental rights as described in Section 78B-6-112;
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(f) except as provided in Subsection 78A-6-103(2)(a)(xiv), an adoption proceeding; and
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(g) to issue a declaratory judgment as described in Title 78B, Chapter 6, Part 4,
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Declaratory Judgments.
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(4) The district court has appellate jurisdiction over judgments and orders of the justice
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court as outlined in Section 78A-7-118 and small claims appeals filed in accordance
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with Section 78A-8-106.
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(5) The district court has jurisdiction to review:
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(a) a municipal administrative proceeding as described in Section 10-3-703.7;
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(b) a decision resulting from a formal adjudicative proceeding by the State Tax
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Commission as described in Section 59-1-601;
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(c) except as provided in Section 63G-4-402, a final agency action resulting from an
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informal adjudicative proceeding as described in Title 63G, Chapter 4,
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Administrative Procedures Act; and
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(d) by trial de novo, a final order of the Department of Transportation resulting from
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formal and informal adjudicative proceedings under Title 72, Chapter 7, Part 2,
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Junkyard Control Act.
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(6) The district court has original and exclusive jurisdiction over an action brought under
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Title 63G, Chapter 7, Governmental Immunity Act of Utah.
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(7) Notwithstanding Section 78A-7-106, the district court has original jurisdiction over:
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(a) a class B misdemeanor, a class C misdemeanor, an infraction, or a violation of an
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ordinance for which a justice court has original jurisdiction under Section 78A-7-106
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if:
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[(a)] (i) there is no justice court with territorial jurisdiction;
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[(b)] (ii) the offense occurred within the boundaries of the municipality in which the
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district courthouse is located and that municipality has not formed, or has formed
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and dissolved, a justice court; or
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[(c)] (iii) the offense is included in an indictment or information covering a single
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criminal episode alleging the commission of a felony or a class A misdemeanor by
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an individual who is 18 years old or older[.] ; or
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(b) an offense for a violation of a pretrial order, as described in Section 77-20-210, if the
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district court has jurisdiction over the offense for which the pretrial order was issued.
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(8) If a district court has jurisdiction in accordance with Subsection (4), (7)(a), or (7)(b), the
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district court has jurisdiction over an offense listed in Subsection 78A-7-106(2) even if
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the offense is committed by an individual who is 16 or 17 years old.
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(9) The district court has subject matter jurisdiction over an action under Title 78B, Chapter
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7, Part 2, Child Protective Orders, if the juvenile court transfers the action to the district
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court.
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(10)(a) The district court has subject matter jurisdiction over a criminal action that the
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justice court transfers to the district court.
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(b) Notwithstanding Subsection 78A-7-106(1), the district court has original jurisdiction
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over any refiled case of a criminal action transferred to the district court if the district
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court dismissed the transferred case without prejudice.
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(11) The Supreme Court and Court of Appeals have jurisdiction over an appeal from a final
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order, judgment, and decree of the district court as described in Sections 78A-3-102 and
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78A-4-103.
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Section 5. Effective Date.
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This bill takes effect on May 7, 2025.
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