Summons Amendments

9
77-7-5
0
Summons Amendments
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Stephanie Pitcher
House Sponsor: Jordan D. Teuscher
LONG TITLE
General Description:
This bill addresses the issuance of a summons.
Highlighted Provisions:
This bill:
addresses the issuance of a warrant of arrest in lieu of a summons; 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 2025, Chapter 314
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.
(c)
"Temporary pretrial status order" means the same as that term is defined in Section
77-20-102
.
(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 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)
(i)
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)
(ii)
the prosecuting attorney filed an information more than 60 days after the day
on which the accused was released from jail
.
; or
(b)
after being booked into jail on conduct that would constitute an offense, a magistrate
issued a temporary pretrial status order that released the accused from jail.
(4)
The presumption described in Subsection
(3)
(a)
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
, including a good faith
effort to:
(i)
serve the summons to the accused by delivering a copy to the accused's attorney of
record if the accused's attorney of record is known to the prosecuting attorney; or
(ii)
obtain the accused's contact information from the accused's attorney of record if
the accused's attorney of record is known to the prosecuting attorney;
(c)
the prosecuting attorney presents evidence that was not known to the magistrate at
the time the accused was released from jail; or
(c)
(d)
the prosecuting attorney
otherwise
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.
(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.
(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
(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.
(7)
The law enforcement agency identified by the magistrate under Subsection
(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.
(8)
The law enforcement agency identified by the magistrate under Subsection
(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 6, 2026
.
2-17-26 8:50 AM