reglab/housing_qa huggingface dataset:
UT Code § 77-7-21 (2021)
2021 Utah Code|Title 77 - Utah Code of Criminal Procedure|Chapter 7 - Arrest, by Whom, and How Made|Section 21 - Proceeding on citation -- Voluntarily remitting a fine -- Parent signature required -- Information, when required.

 Effective 7/1/2021  77-7-21. Proceeding on citation -- Voluntarily remitting a fine -- Parent signature required -- Information, when required.    (1)   (a) A citation filed with the court may, with the consent of the defendant, serve in lieu of an information to which the defendant may plead guilty or no contest to the charge or charges listed and be sentenced accordingly.     (b) If provided by the uniform fine schedule described in Section 76-3-301.5, or with the court's approval, an individual may remit the fine and other penalties without a personal appearance before the court in any case charging a class B misdemeanor or lower offense, unless the charge is:   (i) a domestic violence offense as defined in Section 77-36-1;     (ii) a violation of Section 41-6a-502, driving under the influence of alcohol, drugs, or a combination of both or with specified or unsafe blood alcohol concentration;     (iii) a violation of Section 41-6a-517, driving with any measurable controlled substance in the body;     (iv) a violation of a local ordinance similar to the offenses described in Subsections (1)(b)(i) through (iii); or     (v) a violation that appears to:   (A) affect a victim, as defined in Section 77-38b-102; or     (B) require restitution, as defined in Section 77-38b-102.         (c) The remittal of fines and other penalties shall be entered as a conviction and treated the same as if the accused pleaded no contest.     (d) If the person cited is under 18 years old, the court shall promptly mail a copy or notice of the citation to the address as shown on the citation, to the attention of the parent or guardian of the defendant.       (2) If the individual pleads not guilty to the offense charged, further proceedings shall be held in accordance with the Rules of Criminal Procedure and all other applicable provisions of this code.    Amended by Chapter 260, 2021 General SessionAmended by Chapter 431, 2021 General Session
UT Code § 77-7-23 (2021)
2021 Utah Code|Title 77 - Utah Code of Criminal Procedure|Chapter 7 - Arrest, by Whom, and How Made|Section 23 - Delivery of prisoner arrested without warrant to magistrate -- Transfer to court with jurisdiction -- Transfer of duties -- Violation as misdemeanor.

 Effective 5/8/2018  77-7-23. Delivery of prisoner arrested without warrant to magistrate -- Transfer to court with jurisdiction -- Transfer of duties -- Violation as misdemeanor.    (1)   (a) When an arrest is made without a warrant by a peace officer or private person, the person arrested shall be taken without unnecessary delay to the magistrate in the district court, the precinct of the county, or the municipality in which the offense occurred, except under Subsection (2). An information stating the charge against the person shall be made before the magistrate.     (b) If the justice court judge of the precinct or municipality or the district court judge is not available, the arrested person shall be taken before the magistrate within the same county who is nearest to the scene of the alleged offense or nearest to the jail under Subsection (2), who may act as committing magistrate for arraigning the accused, setting bail, or issuing warrants.       (2)   (a) If the arrested person under Subsection (1) must be transported from jail to a magistrate, the person may be taken before the magistrate nearest to the jail rather than the magistrate specified in Subsection (1) for arraignment, setting bail, or issuing warrants.     (b) The case shall then be transferred to the court having jurisdiction.       (3) If a jail accepts custody of a person arrested under Subsection (1), the duties under this section of the peace officer or private person who makes the arrest are transferred to the jail and the jail's personnel.     (4) This section does not confer jurisdiction upon a court unless otherwise provided by law.     (5) Any officer or person violating this section is guilty of a class B misdemeanor.    Amended by Chapter 140, 2018 General Session
UT Code § 77-7-24 (2021)
2021 Utah Code|Title 77 - Utah Code of Criminal Procedure|Chapter 7 - Arrest, by Whom, and How Made|Section 24 - Notice to appear in court -- Contents -- Promise to comply -- Signing -- Release from custody -- Official misconduct.

77-7-24. Notice to appear in court -- Contents -- Promise to comply -- Signing -- Release from custody -- Official misconduct.    (1) If a person who is arrested for a violation of Title 41, Chapter 6a, Traffic Code, that is punishable as a misdemeanor is immediately taken before a magistrate as provided under Section 77-7-23, the peace officer shall prepare, in triplicate or more copies, a written notice to appear in court containing:   (a) the name and address of the person;     (b) the number, if any, of the person's driver license;     (c) the license plate number of the person's vehicle;     (d) the offense charged; and     (e) the time and place the person shall appear in court.       (2) The time specified in the notice to appear must be at least five days after the arrest of the person unless the person demands an earlier hearing.     (3) The place specified in the notice to appear shall be made before a magistrate of competent jurisdiction in the county in which the alleged violation occurred.     (4)   (a) In order to secure release as provided in this section, the arrested person shall promise to appear in court by signing at least one copy of the written notice prepared by the arresting officer.     (b) The arresting peace officer shall immediately:   (i) deliver a copy of the notice to the person promising to appear; and     (ii) release the person arrested from custody.         (5) A peace officer violating any of the provisions of this section shall be:   (a) guilty of misconduct in office; and     (b) subject to removal from office.      Renumbered and Amended by Chapter 2, 2005 General Session
UT Code § 77-7-25 (2021)
2021 Utah Code|Title 77 - Utah Code of Criminal Procedure|Chapter 7 - Arrest, by Whom, and How Made|Section 25 - Keeping of records -- Making and forwarding of abstract upon conviction or forfeiture of bail -- Form and contents -- Official misconduct.

 Effective 5/10/2016  77-7-25. Keeping of records -- Making and forwarding of abstract upon conviction or forfeiture of bail -- Form and contents -- Official misconduct.    (1) A magistrate or judge of a court shall keep a full record of each case in which a person is charged with:   (a) a violation of this chapter; or     (b) any other law regulating the operation of a motor vehicle on the highway.       (2)   (a) Within five days after the conviction or forfeiture of bail of a person on a charge of violating a provision of this chapter or other law regulating the operation of a motor vehicle on the highway, the magistrate of the court or clerk of the court in which the conviction was made or bail was forfeited shall prepare and immediately forward to the department an abstract of the record of the court covering the case in which the person was convicted or forfeited bail.     (b) The abstract shall be certified by the person required to prepare the abstract to be true and correct.     (c) A report under this Subsection (2) is not required for a conviction involving the illegal parking or standing of a vehicle.       (3) The abstract must be made in a manner specified by the Driver License Division and shall include the:   (a) name and address of the party charged;     (b) number, if any, of the person's driver license;     (c) license plate number of the vehicle involved;     (d) nature of the offense;     (e) date of hearing;     (f) plea;     (g) judgment, or whether bail was forfeited; and     (h) amount of the fine or forfeiture.       (4) A court shall provide a copy of the report to the Driver License Division on the conviction of a person of manslaughter or other felony in which a vehicle was used.     (5) The failure, refusal, or neglect of a judicial officer to comply with the requirements of this section constitutes misconduct in office and is grounds for removal.     (6) The Driver License Division shall classify and disclose all abstracts received in accordance with Section 53-3-109.    Amended by Chapter 33, 2016 General Session
UT Code § 77-7-26 (2021)
2021 Utah Code|Title 77 - Utah Code of Criminal Procedure|Chapter 7 - Arrest, by Whom, and How Made|Section 26 - Improper disposition or cancellation of notice to appear or traffic citation -- Official misconduct -- Misdemeanor.

77-7-26. Improper disposition or cancellation of notice to appear or traffic citation -- Official misconduct -- Misdemeanor.    (1)   (a) It is unlawful and official misconduct for any peace officer or other officer or public employee to dispose of:   (i) a notice to appear; or     (ii) traffic citation.       (b) The provisions of Subsection (1)(a) do not apply if the disposal is done with the consent of the magistrate before whom the arrested person was to appear.       (2) A person who cancels or solicits the cancellation of a notice to appear or a traffic citation, in any manner other than as provided by law, is guilty of a class B misdemeanor.    Renumbered and Amended by Chapter 2, 2005 General Session
UT Code § 77-7-27 (2021)
2021 Utah Code|Title 77 - Utah Code of Criminal Procedure|Chapter 7 - Arrest, by Whom, and How Made|Section 27 - Quotas for arrest, citation prohibited.

 Effective 5/8/2018  77-7-27. Quotas for arrest, citation prohibited.    (1) As used in this section:   (a) "Law enforcement agency" means an entity of the state, or a political subdivision of the state, that exists primarily to prevent and detect crime and enforce criminal laws, statutes, or ordinances.     (b) "Law enforcement quota" means any requirement or minimum standard regarding the number or percentage of citations or arrests made by a law enforcement officer.       (2) A political subdivision or law enforcement agency employing a peace officer may not require or direct that a peace officer meet a law enforcement quota.     (3) Subsection (2) does not prohibit a political subdivision or law enforcement agency from including a peace officer's engagement with the community or enforcement activity as part of an overall determination of the peace officer's performance.    Enacted by Chapter 289, 2018 General Session
UT Code § 77-7a-101 (2021)
2021 Utah Code|Title 77 - Utah Code of Criminal Procedure|Chapter 7a - Law Enforcement Use of Body-worn Cameras|Section 101 - Title.

 Effective 5/10/2016  77-7a-101. Title.  This chapter is known as "Law Enforcement Use of Body-Worn Cameras." Enacted by Chapter 410, 2016 General Session
UT Code § 77-7a-102 (2021)
2021 Utah Code|Title 77 - Utah Code of Criminal Procedure|Chapter 7a - Law Enforcement Use of Body-worn Cameras|Section 102 - Body-worn cameras -- Written policies and procedures.

 Effective 5/9/2017  77-7a-102. Body-worn cameras -- Written policies and procedures.    (1) Any law enforcement agency that uses body-worn cameras shall have a written policy governing the use of body-worn cameras that is consistent with the provisions of this chapter.     (2)   (a) Any written policy regarding the use of body-worn cameras by a law enforcement agency shall, at a minimum:   (i) comply with and include the requirements in this chapter; and     (ii) address the security, storage, and maintenance of data collected from body-worn cameras.        (b) Except as provided in Subsection 77-7a-104(11), this chapter does not prohibit a law enforcement agency from adopting body-worn camera policies that are more expansive than the minimum guidelines provided in this chapter.       (3) This chapter does not require an officer to jeopardize the safety of the public, other law enforcement officers, or himself or herself in order to activate or deactivate a body-worn camera.    Amended by Chapter 415, 2017 General Session
UT Code § 77-7a-103 (2021)
2021 Utah Code|Title 77 - Utah Code of Criminal Procedure|Chapter 7a - Law Enforcement Use of Body-worn Cameras|Section 103 - Definitions.

 Effective 5/10/2016  77-7a-103. Definitions.    (1)   (a) "Body-worn camera" means a video recording device that is carried by, or worn on the body of, a law enforcement officer and that is capable of recording the operations of the officer.     (b) "Body-worn camera" does not include a dashboard mounted camera or a camera intended to record clandestine investigation activities.       (2) "Law enforcement agency" means any public agency having general police power and charged with making arrests in connection with enforcement of the criminal statutes and ordinances of this state or any political subdivision.     (3) "Law enforcement encounter" means:   (a) an enforcement stop;     (b) a dispatched call;     (c) a field interrogation or interview;     (d) use of force;     (e) execution of a warrant;     (f) a traffic stop, including:   (i) a traffic violation;     (ii) stranded motorist assistance; and     (iii) any crime interdiction stop; or       (g) any other contact that becomes adversarial after the initial contact in a situation that would not otherwise require recording.      Enacted by Chapter 410, 2016 General Session
UT Code § 77-7a-104.1 (2021)
2021 Utah Code|Title 77 - Utah Code of Criminal Procedure|Chapter 7a - Law Enforcement Use of Body-worn Cameras|Section 104.1 - Adverse inference jury instruction.

 Effective 5/12/2020  77-7a-104.1. Adverse inference jury instruction.    (1) As used in this section, "adverse inference instruction" means an instruction that:   (a) is provided to a jury in accordance with Utah Rules of Criminal Procedure, Rule 19; and     (b) directs the jury that an officer's failure to comply with a requirement of Section 77-7a-104 may give rise to an adverse inference against the officer.       (2)   (a) A court presiding over a jury trial may provide an adverse inference instruction if the defendant seeking the adverse inference instruction establishes by a preponderance of the evidence that:   (i) an officer intentionally or, with reckless disregard of a requirement of Section 77-7a-104, failed to comply with a requirement of Section 77-7a-104; and     (ii) the officer's failure to comply with the requirement of Section 77-7a-104 is reasonably likely to affect the outcome of the defendant's trial.       (b) In considering whether to include an adverse inference instruction under Subsection (2)(a), the court shall consider:   (i) the degree of prejudice to the defendant as a result of the officer's failure to comply with Section 77-7a-104;     (ii) the materiality and importance of the missing evidence in relation to the case as a whole;     (iii) the strength of the remaining evidence;     (iv) the degree of fault on behalf of the officer described in Subsection (2)(a)(i) or the law enforcement agency employing the officer, including whether evidence supports that the officer or the law enforcement agency displays a pattern of intentional or reckless disregard of the requirements of Section 77-7a-104; and     (v) other considerations the court determines are relevant to ensure just adjudication and due process.       (c) If a court includes an adverse inference instruction, the prosecutor shall, after the conclusion of the trial, send written notice of the instruction to the law enforcement agency that employed the officer described in Subsection (2)(a)(i) at the time of the offense, including:   (i) the written order or a description of the order allowing for the instruction;     (ii) the language of the instruction; and     (iii) the outcome of the trial.        Enacted by Chapter 404, 2020 General Session
UT Code § 77-7a-105 (2021)
2021 Utah Code|Title 77 - Utah Code of Criminal Procedure|Chapter 7a - Law Enforcement Use of Body-worn Cameras|Section 105 - Notice and privacy.

 Effective 5/9/2017  77-7a-105. Notice and privacy.    (1) An officer with a body-worn camera shall give notice, when reasonable under the circumstances:   (a) to:   (i) the occupants of a private residence in which the officer enters and in which a body-worn camera is in use; or     (ii) a health care provider present at a hospital, a health care facility, human service program, or a health care provider's clinic in which the officer enters and in which a body-worn camera is in use; and        (b) either by:   (i) wearing a body-worn camera in a clearly visible manner; or     (ii) giving an audible notice that the officer is using a body-worn camera.          (2) An agency shall make the agency's policies regarding the use of body-worn cameras available to the public, and shall place the policies on the agency's public website when possible.    Amended by Chapter 415, 2017 General Session
UT Code § 77-7a-106 (2021)
2021 Utah Code|Title 77 - Utah Code of Criminal Procedure|Chapter 7a - Law Enforcement Use of Body-worn Cameras|Section 106 - Prohibited Activities.

 Effective 5/10/2016  77-7a-106. Prohibited Activities.  An officer is prohibited from:  (1) using a body-worn camera for personal use;     (2) making a personal copy of a recording created while on duty or acting in an official capacity as a law enforcement officer;     (3) retaining a recording of any activity or information obtained while on duty or acting in an official capacity as a law enforcement officer;     (4) duplicating or distributing a recording except as authorized by the employing law enforcement agency; and     (5) altering or deleting a recording in violation of this chapter.    Enacted by Chapter 410, 2016 General Session
UT Code § 77-7a-107 (2021)
2021 Utah Code|Title 77 - Utah Code of Criminal Procedure|Chapter 7a - Law Enforcement Use of Body-worn Cameras|Section 107 - Retention and release of recordings.

 Effective 5/8/2018  77-7a-107. Retention and release of recordings.    (1)   (a) Any recording made by an officer while on duty or acting in the officer's official capacity as a law enforcement officer shall be retained in accordance with applicable federal, state, and local laws.     (b) Any recording made by an officer while on duty or acting in the officer's official capacity as a law enforcement officer may not be retained, electronically or otherwise, by a private entity if the private entity has any authority to:   (i) withhold the recording; or     (ii) prevent the political subdivision from accessing or disclosing the recording.       (c)   (i) Notwithstanding Subsection (1)(b), a political subdivision may continue to retain a recording in a manner prohibited under Subsection (1)(b) if the political subdivision is under contract with a private entity on May 7, 2018, and the contract includes terms prohibited by Subsection (1)(b).     (ii) A political subdivision may not renew a contract described in Subsection (1)(c)(i).       (d) This Subsection (1) does not prohibit a political subdivision from using a private entity's retention or redaction service if the private entity does not have authority to:   (i) withhold the recording; or     (ii) prevent the political subdivision from accessing or disclosing the recording.         (2)   (a) Any release of recordings made by an officer while on duty or acting in the officer's official capacity as a law enforcement officer shall be subject to Title 63G, Chapter 2, Government Records Access and Management Act.     (b) Notwithstanding any other provision in state or local law, a person who requests access to the recordings may immediately appeal to a district court, as provided in Section 63G-2-404, any denial of access to a recording based solely on Subsection 63G-2-305(10)(b) or (c) due to a pending criminal action that has been filed in a court of competent jurisdiction.      Amended by Chapter 71, 2018 General Session
UT Code § 77-8-1 (2021)
2021 Utah Code|Title 77 - Utah Code of Criminal Procedure|Chapter 8 - Lineups|Section 1 - Order of magistrate -- Grounds -- Arrested suspect's appearance without order.

77-8-1. Order of magistrate -- Grounds -- Arrested suspect's appearance without order.    (1) A magistrate may issue an order requiring a suspect to appear in a lineup when probable cause exists to believe a crime has been committed and there is reason to believe the suspect committed it.     (2) A suspect who has been arrested, and is in custody, may be required by a peace officer to appear in a lineup without a court order.     (3) Upon application of any suspect and a showing of good cause, a magistrate may order a lineup.    Enacted by Chapter 15, 1980 General Session
UT Code § 77-8-2 (2021)
2021 Utah Code|Title 77 - Utah Code of Criminal Procedure|Chapter 8 - Lineups|Section 2 - Suspect's right to have attorney present.

77-8-2. Suspect's right to have attorney present.  A suspect has the right to have his attorney present at any lineup. The magistrate or party in charge of the lineup shall notify the suspect of this right. Every suspect unable to employ counsel shall be entitled to representation by an attorney appointed by a magistrate for a lineup either before or after an arrest.  Enacted by Chapter 15, 1980 General Session
UT Code § 77-8-3 (2021)
2021 Utah Code|Title 77 - Utah Code of Criminal Procedure|Chapter 8 - Lineups|Section 3 - Conduct of peace officer.

77-8-3. Conduct of peace officer.  The peace officers conducting a lineup shall not attempt to influence the identification of any particular suspect.  Enacted by Chapter 15, 1980 General Session
UT Code § 77-8-4 (2021)
2021 Utah Code|Title 77 - Utah Code of Criminal Procedure|Chapter 8 - Lineups|Section 4 - Record of proceedings -- Access by suspect.

77-8-4. Record of proceedings -- Access by suspect.  The entire lineup procedure shall be recorded, including all conversations between the witnesses and the conducting peace officers. The suspect shall have access to and may make copies of the record and any photographs taken of him or any other persons in connection with the lineup.  Enacted by Chapter 15, 1980 General Session