Enrolled Copy S.B. 110
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Summons Modifications
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Stephanie Pitcher
House Sponsor: Ryan D. Wilcox
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LONG TITLE
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General Description:
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This bill addresses the issuance of a summons.
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Highlighted Provisions:
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This bill:
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▸ creates a presumption against issuing a warrant in lieu of a summons in certain
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circumstances;
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▸ provides the requirements for overcoming the presumption; 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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77-7-5, as last amended by Laws of Utah 2023, Chapter 497
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Be it enacted by the Legislature of the state of Utah:
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Section 1. Section 77-7-5 is amended to read:
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77-7-5 . Issuance of summons or warrant -- Time and place arrests may be made
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-- Contents of warrant or summons -- Responsibility for transporting prisoners.
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(1) As used in this section:
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(a) "Daytime hours" means the hours after 6 a.m. and before 10 p.m.
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(b) "Nighttime hours" means the hours after 10 p.m. and before 6 a.m.
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(2) A magistrate may issue a warrant for arrest in lieu of a summons for the appearance of
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the accused only upon finding: S.B. 110 Enrolled Copy
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(a) probable cause to believe that the person to be arrested has committed a public
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offense; and
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(b) under [the ] Rule 6 of the Utah Rules of Criminal Procedure[,] and this section that a
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warrant is necessary to:
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(i) prevent risk of injury to a person or property;
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(ii) secure the appearance of the accused; or
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(iii) protect the public safety and welfare of the community or an individual.
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(3) There is a presumption against the issuance of a warrant in lieu of a summons if:
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(a) after being booked into jail on conduct that would constitute an offense, the accused
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was released from jail because the prosecuting attorney did not file an information
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within the time period required under Rule 9 of the Utah Rules of Criminal
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Procedure; and
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(b) the prosecuting attorney filed an information more than 60 days after the day on
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which the accused was released from jail.
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(4) The presumption described in Subsection (3) may be overcome if:
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(a) the accused fails to appear on a served summons;
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(b) a summons is unable to be served after good faith efforts; or
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(c) the prosecuting attorney establishes good cause for issuing a warrant in lieu of a
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summons to:
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(i) prevent risk of injury to a person or property; or
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(ii) protect the public safety and welfare of the community or an individual.
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[(3)] (5) If the offense charged is:
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(a) a felony, the arrest upon a warrant may be made at any time of the day or night; or
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(b) a misdemeanor, the arrest upon a warrant may be made during nighttime hours only
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if:
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(i) the magistrate has endorsed authorization to do so on the warrant;
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(ii) the person to be arrested is upon a public highway, in a public place, or in a place
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open to or accessible to the public; or
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(iii) the person to be arrested is encountered by a peace officer in the regular course
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of that peace officer's investigation of a criminal offense unrelated to the
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misdemeanor warrant for arrest.
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[(4)] (6)(a) If the magistrate determines that the accused must appear in court, the
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magistrate shall include in the arrest warrant the name of the law enforcement agency
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in the county or municipality with jurisdiction over the offense charged.
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(b)(i) The law enforcement agency identified by the magistrate under Subsection [
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(4)(a)] (6)(a) is responsible for providing inter-county transportation of the
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defendant, if necessary, from the arresting law enforcement agency to the court
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site.
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(ii) The law enforcement agency named on the warrant may contract with another
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law enforcement agency to have a defendant transported.
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[(5)] (7) The law enforcement agency identified by the magistrate under Subsection [(4)(a)]
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(6)(a) shall indicate to the court within 48 hours of the issuance, excluding Saturdays,
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Sundays, and legal holidays if a warrant issued in accordance with this section is an
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extradition warrant.
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[(6)] (8) The law enforcement agency identified by the magistrate under Subsection [(4)(a)]
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(6)(a) shall report any changes to the status of a warrant issued in accordance with this
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section to the Bureau of Criminal Identification.
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Section 2. Effective Date.
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This bill takes effect on May 7, 2025.
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