Use of Force Reporting Requirements

14
76-2-309
1
Use of Force Reporting Requirements
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Michael L. Kohler
Senate Sponsor:
LONG TITLE
General Description:
This bill addresses the justified use of force.
Highlighted Provisions:
This bill:
establishes that an individual is required to
report, or cause another individual to report,
the use of deadly force to 911 or law enforcement in order to receive a pretrial
justification hearing;
automatically provides a defendant with a prima facie claim of justification at a pretrial
justification hearing if the defendant reported, or caused another individual to report, the
defendant's use of force within 24 hours after using the force; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
76-2-309
, as enacted by Laws of Utah 2021, Chapter 147
Be it enacted by the Legislature of the state of Utah:
Section 1. Section
76-2-309
is amended to read:
76-2-309
. Justified use of force.
(1)
An individual who uses or threatens to use force as permitted in Section
76-2-402
,
76-2-404
,
76-2-405
,
76-2-406
,
76-2-407
, or
76-2-408
is justified in that conduct.
(2)
The pretrial justification hearing process described in Subsections
(3)(a)
and
(b)
does
not apply if:
(a)
(i)
the individual against whom force was used or threatened is a law enforcement
officer, as defined in Section
53-13-103
;
(ii)
the officer was acting lawfully in the performance of the officer's official duties;
and
(iii)
(A)
the officer was identified as an officer by the officer in accordance with
applicable law; or
(B)
the individual using or threatening to use force knew or reasonably should
have known that the officer was a law enforcement officer;
or
(b)
the charge filed against the defendant for which the defendant seeks a pretrial
justification hearing is an infraction, a class B or C misdemeanor, or a domestic
violence offense as defined in Section
77-36-1
.
; or
(c)
(i)
the defendant used force intended or likely to cause death or serious bodily
injury against an individual;
(ii)
the individual described in Subsection
(2)(c)(i)
died as a result of the defendant's
use of force used against the individual; and
(iii)
the defendant did not report, or cause another individual to report, the defendant's
use of force described in Subsection
(2)(c)(i)
to a 911 emergency response service
or law enforcement within 24 hours after using the force.
(3)
(a)
Upon motion of the defendant filed in accordance with Rule 12 of the Utah Rules
of Criminal Procedure, the court shall hear evidence on the issue of justification
under this section and shall determine as a matter of fact and law whether the
defendant was justified in the use or threatened use of force.
(b)
At the pretrial justification hearing
, after the defendant makes a prima facie claim of
justification,
the state has the burden to prove by clear and convincing evidence that
the defendant's use or threatened use of force was not justified
if:
(i)
the defendant makes a prima facie claim of justification; or
(ii)
the defendant reported, or caused another individual to report, the defendant's use
of force to a 911 emergency response service or law enforcement within 24 hours
after using the force
.
(c)
(i)
If the court determines that the state has not met the state's burden described in
Subsection
(3)(b)
, the court shall dismiss the charge with prejudice.
(ii)
The state may appeal a court's order dismissing a charge under Subsection
(3)(c)(i)
in accordance with Section
77-18a-1
.
(iii)
If a court determines after the pretrial justification hearing that the state has met
the state's burden described in Subsection
(3)(b)
, the issue of justification may be
raised by the defendant to the jury at trial and, if raised by the defendant, the state
shall have the burden to prove beyond a reasonable doubt that the defendant's use
or threatened use of force was not justified.
(iv)
At trial, a court's determination that the state met the state's burden under
Subsection
(3)(c)(iii)
is not admissible and may not be referenced by the
prosecution.
Section 2.
Effective Date.
This bill takes effect on
May 6, 2026
.
1-17-26 2:01 PM