reglab/housing_qa huggingface dataset:
UT Code § 77-20-302 (2021)
2021 Utah Code|Title 77 - Utah Code of Criminal Procedure|Chapter 20 - Bail|Part 3 - Postconviction Bail|Section 302 - Grounds for detaining defendant while appealing the defendant's conviction -- Conditions for release while on appeal.

 Effective 11/16/2021  77-20-302. Grounds for detaining defendant while appealing the defendant's conviction -- Conditions for release while on appeal.    (1) The court shall order that a defendant who has been found guilty of an offense in a court of record and sentenced to a term of imprisonment in jail or prison, and who has filed an appeal or a petition for a writ of certiorari, be detained, unless the court finds:   (a) the appeal raises a substantial question of law or fact likely to result in:   (i) reversal;     (ii) an order for a new trial; or     (iii) a sentence that does not include a term of imprisonment in jail or prison;       (b) the appeal is not for the purpose of delay; and     (c) by clear and convincing evidence presented by the defendant, that the defendant:   (i) is not likely to flee the jurisdiction of the court if released; and     (ii) will not pose a danger to the physical, psychological, or financial and economic safety or well-being of any other person or the community if released.         (2)   (a) If the court makes a finding under Subsection (1) that justifies not detaining the defendant, the court shall order the release of the defendant, subject to only conditions of release that are reasonably available and necessary to reasonably ensure the appearance of the defendant as required and the safety of any other individual, property, and the community.      (b) The conditions under Subsection (2)(a) may include conditions described in Subsection 77-20-205(4).     (c) The court may, in the court's discretion, amend an order granting release to impose additional or different conditions of release.       (3) If the defendant is found guilty of an offense in a court not of record and files a timely notice of appeal in accordance with Subsection 78A-7-118(1) for a trial de novo, the court shall stay all terms of a sentence, unless at the time of sentencing the judge finds by a preponderance of the evidence that the defendant poses a danger to another person or the community.     (4) If a stay is ordered, the court may order postconviction restrictions on the defendant's conduct as appropriate, including:   (a) continuation of any pretrial restrictions or orders;     (b) sentencing protective orders under Section 78B-7-804;     (c) drug and alcohol use;     (d) use of an ignition interlock; and     (e) posting appropriate monetary bail.       (5) The provisions of Subsections (3) and (4) do not apply to convictions for an offense under Title 41, Chapter 6a, Part 5, Driving Under the Influence and Reckless Driving.     (6) Any stay authorized by Subsection (3) is lifted upon the dismissal of the appeal by the district court.    Renumbered and Amended by Chapter 4, 2021 Special Session 2
UT Code § 77-20-401 (2021)
2021 Utah Code|Title 77 - Utah Code of Criminal Procedure|Chapter 20 - Bail|Part 4 - Monetary Bail|Section 401 - Payment of monetary bail to sheriff or bail commissioner -- Specific payment methods.

 Effective 11/16/2021  77-20-401. Payment of monetary bail to sheriff or bail commissioner -- Specific payment methods.    (1) Subject to Subsection 77-20-402(2), if an individual has been required by a bail commissioner, or ordered by a magistrate or judge, to post monetary bail as a condition of pretrial release, the individual may post the amount of monetary bail with the bail commissioner:   (a) in money, by cash, certified or cashier's check, personal check with check guarantee card, money order, or credit card, if the bail commissioner has chosen to establish any of those options; or     (b) by a bail bond issued by a surety.       (2) A bail commissioner shall deliver any monetary bail received under Subsection (1) to the appropriate court within three days after the day on which the monetary bail is received by the bail commissioner.    Enacted by Chapter 4, 2021 Special Session 2
UT Code § 77-20-402 (2021)
2021 Utah Code|Title 77 - Utah Code of Criminal Procedure|Chapter 20 - Bail|Part 4 - Monetary Bail|Section 402 - Payment of monetary bail to court -- Specific payment methods -- Refund of monetary bail.

 Effective 11/16/2021  77-20-402. Payment of monetary bail to court -- Specific payment methods -- Refund of monetary bail.    (1) Subject to Subsection (2), a defendant may choose to post the amount of monetary bail imposed by a judge or magistrate by any of the following methods:   (a) in cash;     (b) by a bail bond with a surety;     (c) by an unsecured bond, at the discretion of the judge or magistrate; or     (d) by credit or debit card, at the discretion of the judge or magistrate.       (2) A judge or magistrate may limit a defendant to a specific method of posting monetary bail described in Subsection (1):   (a) if, after charges are filed, the defendant fails to appear in the case on a bail bond and the case involves a violent offense;     (b) in order to allow the defendant to voluntarily remit the fine in accordance with Section 77-7-21 and the offense with which the defendant is charged is listed in the shared master offense table as one for which an appearance is not mandatory;     (c) if the defendant has failed to respond to a citation or summons and the offense with which the defendant is charged is listed in the shared master offense table as one for which an appearance is not mandatory;     (d) if a warrant is issued for the defendant solely for failure to pay a criminal accounts receivable, as defined in Section 77-32b-102, and the defendant's monetary bail is limited to the amount owed; or     (e) if a court has entered a judgment of bail bond forfeiture under Section 77-20-505 in any case involving the defendant.       (3) Monetary bail may not be accepted without receiving in writing at the time the bail is posted the current mailing address, telephone number, and email address of the surety.     (4) Monetary bail posted by debit or credit card, less the fee charged by the financial institution, shall be tendered to the courts.     (5)   (a) Monetary bail refunded by the court may be refunded by credit to the debit or credit card or in cash.     (b) The amount refunded shall be the full amount received by the court under Subsection (4), which may be less than the full amount of the monetary bail set by the judge or magistrate.     (c) Before refunding monetary bail that is posted by the defendant in cash, by credit card, or by debit card, the court may apply the amount posted toward a criminal accounts receivable, as defined in Section 77-32b-102, that is owed by the defendant in the priority set forth in Section 77-38b-304.      Renumbered and Amended by Chapter 4, 2021 Special Session 2
UT Code § 77-20-403 (2021)
2021 Utah Code|Title 77 - Utah Code of Criminal Procedure|Chapter 20 - Bail|Part 4 - Monetary Bail|Section 403 - Disposition of forfeited monetary bail.

 Effective 11/16/2021  77-20-403. Disposition of forfeited monetary bail.  If money deposited as a financial condition or money paid by a surety on a bail bond is forfeited and the forfeiture is not discharged or remitted, the clerk with whom the money is deposited or paid shall, immediately after final adjournment of the court, pay over the money forfeited as follows:  (1) the forfeited amount in cases in precinct justice courts or in municipal justice courts shall be distributed as provided in Sections 78A-7-120 and 78A-7-121; and     (2) in all other cases:   (a) where the financial condition was paid by a surety:   (i) 60% of the forfeited amount shall be paid to the Pretrial Release Programs Special Revenue Fund established in Section 63M-7-215;     (ii) 20% of the forfeited amount shall be paid to the General Fund; and     (iii) 20% of the forfeited amount shall be paid to the prosecuting agency that brings an action to collect under Section 77-20-505; and       (b) where the financial condition was paid without the assistance of a surety:   (i) 75% of the forfeited amount shall be paid to the Pretrial Release Programs Special Revenue Fund established in Section 63M-7-215; and     (ii) 25% of the forfeited amount shall be paid to the General Fund.
UT Code § 77-20-501 (2021)
2021 Utah Code|Title 77 - Utah Code of Criminal Procedure|Chapter 20 - Bail|Part 5 - Bail Surety|Section 501 - Liability on a bail bond -- Failure to appear -- Notice to surety.

 Effective 11/16/2021  77-20-501. Liability on a bail bond -- Failure to appear -- Notice to surety.    (1)   (a) Unless exonerated under Subsection 77-20-504(5), the principal and the surety on a bail bond are liable on the bail bond during all proceedings and for all court appearances required of the defendant up to and including the surrender of the defendant for sentencing, regardless of any contrary provision in the bail bond agreement.     (b) Any failure of the defendant to appear when required is a breach of the conditions of the bail bond and subjects the bail bond to forfeiture regardless of whether notice of the required appearance was given to the surety.       (2)   (a) If a defendant, who has posted monetary bail by a bail bond, fails to appear before the appropriate court as required, the court shall:   (i) within 28 days after the day on which the defendant fails to appear, issue a bench warrant that includes the original case number; and     (ii) direct the clerk of the court to notify the surety of the defendant's failure to appear.       (b) The clerk of the court shall:   (i) email notice of the defendant's failure to appear to the surety at the email address provided on the bond;     (ii) notify the surety as listed on the bail bond of the name, address, and telephone number of the prosecuting attorney;     (iii) email a copy of the notice sent under Subsection (2)(b)(i) to the prosecuting attorney's office at the same time notice is sent under Subsection (2)(b)(i); and     (iv) ensure that the name, address, business email address, and telephone number of the surety or the surety's agent as listed on the bail bond is stated on the bench warrant.         (3) The prosecuting attorney may email notice of the defendant's failure to appear to the address of the surety as listed on the bail bond within 35 days after the day on which the defendant fails to appear.     (4)   (a)   (i) If a defendant appears in court within seven days after a missed, scheduled court appearance, the court may reinstate the bail bond without further notice to the surety.     (ii) If the defendant, while in custody, appears on the case for which the bail bond was posted, the court may not reinstate the bail bond without the consent of the bail bond company.       (b) If a defendant fails to appear within seven days after a scheduled court appearance, the court may not reinstate the bail bond without the consent of the surety.      Renumbered and Amended by Chapter 4, 2021 Special Session 2
UT Code § 77-20-502 (2021)
2021 Utah Code|Title 77 - Utah Code of Criminal Procedure|Chapter 20 - Bail|Part 5 - Bail Surety|Section 502 - Time for bringing defendant to court -- Defendant in custody in another jurisdiction -- Notice to prosecuting attorney.

 Effective 11/16/2021  77-20-502. Time for bringing defendant to court -- Defendant in custody in another jurisdiction -- Notice to prosecuting attorney.    (1)   (a) If notice of a defendant's failure to appear is emailed to a surety under Section 77-20-501, the surety may bring the defendant before the court, or surrender the defendant into the custody of a county sheriff within the state, within 180 days after the day on which the defendant failed to appear in court as required.     (b) A forfeiture action may not be brought during the 180-day time period described in Subsection (1)(a).       (2) A surety may request an extension of the 180-day time period in Subsection (1) if the surety within that time:   (a) files a motion for extension with the court; and     (b) mails the motion for extension and a notice of hearing on the motion to the prosecuting attorney.       (3) The court may extend the 180-day time period in Subsection (1) for no more than 30 days if:   (a) the surety has complied with Subsection (2); and     (b) the court finds good cause.       (4) If a surety is unable to bring a defendant to the court because the defendant is and will be in the custody of authorities of another jurisdiction, the surety shall:   (a) notify the court and the prosecuting attorney; and     (b) provide the name, address, and telephone number of the custodial authority.      Renumbered and Amended by Chapter 4, 2021 Special Session 2
UT Code § 77-20-503 (2021)
2021 Utah Code|Title 77 - Utah Code of Criminal Procedure|Chapter 20 - Bail|Part 5 - Bail Surety|Section 503 - Surrender of defendant by surety -- Arrest of defendant.

 Effective 11/16/2021  77-20-503. Surrender of defendant by surety -- Arrest of defendant.    (1)   (a)   (i) A surety may at any time prior to a defendant's failure to appear, surrender the defendant and obtain an exoneration of the bail bond by notifying the clerk of the court in which the bail bond was posted of the defendant's surrender and requesting exoneration.     (ii) Notification shall be made immediately following the surrender by mail, email, or fax.       (b) To effect surrender of the defendant, a certified copy of the surety's bail bond from the court in which the bail bond was posted or a copy of the bail bond agreement with the defendant shall be delivered to the on-duty jailer, who shall:   (i) detain the defendant in the on-duty jailer's custody as upon a commitment; and     (ii) in writing acknowledge the surrender upon the copy of the bail bond or bail bond agreement.       (c) The certified copy of the bail bond or copy of the bail bond agreement upon which the acknowledgment of surrender is endorsed shall be filed with the court.      (d) Upon a filing described in Subsection (1)(c), the court, upon proper application, may:   (i) exonerate the bail bond; and     (ii) order a refund of any paid premium, or part of a premium, as the court finds just.         (2) For the purpose of surrendering the defendant, the surety may:   (a) arrest the defendant:   (i) at any time before the defendant is finally exonerated; and     (ii) at any place within the state; and       (b) surrender the defendant to any county jail booking facility in Utah.       (3) An arrest under this section is not a basis for exoneration of the bail bond under Section 77-20-504.     (4) A surety acting under this section is subject to Title 53, Chapter 11, Bail Bond Recovery Act.    Renumbered and Amended by Chapter 4, 2021 Special Session 2
UT Code § 77-20-505 (2021)
2021 Utah Code|Title 77 - Utah Code of Criminal Procedure|Chapter 20 - Bail|Part 5 - Bail Surety|Section 505 - Forfeiture of a bail bond.

 Effective 11/16/2021  77-20-505. Forfeiture of a bail bond.    (1) If a surety fails to bring the defendant before the court within the time period described in Section 77-20-502, the prosecuting attorney may request the forfeiture of the bail bond by:   (a) filing a motion for bail bond forfeiture with the court, supported by proof of notice to the surety of the defendant's failure to appear; and     (b) emailing a copy of the motion to the surety.       (2) A court shall enter judgment of bail bond forfeiture without further notice if the court finds, by a preponderance of the evidence:   (a) the defendant failed to appear as required;     (b) the surety was given notice of the defendant's failure to appear in accordance with Section 77-20-501;     (c) the surety failed to bring the defendant to the court within the 180-day time period under Section 77-20-502; and     (d) the prosecuting attorney has complied with the notice requirements under Subsection (1).       (3) If the surety shows, by a preponderance of the evidence, that the surety has failed to bring the defendant before the court because the defendant is deceased through no act of the surety, the court may not enter judgment of bail bond forfeiture and the bail bond is exonerated.     (4)   (a) The amount of bail forfeited is the face amount of the bail bond, but if the defendant is in the custody of another jurisdiction and the state extradites or intends to extradite the defendant, the court may reduce the amount forfeited to the actual or estimated costs of returning the defendant to the court's jurisdiction.     (b) A judgment under Subsection (5) shall:   (i) identify the surety against whom judgment is granted;     (ii) specify the amount of monetary bail forfeited;     (iii) grant the forfeiture of the bail bond; and     (iv) be docketed by the clerk of the court in the civil judgment docket.         (5) A prosecuting attorney may immediately commence collection proceedings to execute a judgment of bail bond forfeiture against the assets of the surety.    Renumbered and Amended by Chapter 4, 2021 Special Session 2
UT Code § 77-23-101 (2021)
2021 Utah Code|Title 77 - Utah Code of Criminal Procedure|Chapter 23 - Search and Administrative Warrants|Part 1 - Administrative Traffic Checkpoint Act|Section 101 - Title of act.

77-23-101. Title of act.  Sections 77-23-101 through 77-23-105 may be cited as the "Administrative Traffic Checkpoint Act."  Enacted by Chapter 72, 1992 General Session
UT Code § 77-23-102 (2021)
2021 Utah Code|Title 77 - Utah Code of Criminal Procedure|Chapter 23 - Search and Administrative Warrants|Part 1 - Administrative Traffic Checkpoint Act|Section 102 - Definitions.

77-23-102. Definitions.  As used in this part:  (1) "Administrative traffic checkpoint" means a roadblock procedure where enforcement officers stop all, or a designated sequence of, motor vehicles traveling on highways and roads and subject those vehicles to inspection or testing and the drivers or occupants to questioning or the production of documents.     (2) "Command level officer" includes all sheriffs, heads of law enforcement agencies, and all supervisory enforcement officers of sergeant rank or higher.     (3) "Emergency circumstances" means circumstances where enforcement officers reasonably believe road conditions, weather conditions, or persons present a significant hazard to persons or the property of other persons.     (4) "Enforcement officer" includes:   (a) peace officers as defined in Title 53, Chapter 13, Peace Officer Classifications;     (b) correctional officers as defined in Title 53, Chapter 13, Peace Officer Classifications;     (c) special function officers as defined and under the restrictions of Title 53, Chapter 13, Peace Officer Classifications; and     (d) federal officers as defined in Title 53, Chapter 13, Peace Officer Classifications.       (5) "Magistrate" includes all judicial officers enumerated in Subsection 77-1-3(4).     (6) "Motor vehicle" includes all vehicles as defined in Title 41, Chapter 1a, Motor Vehicle Act.    Amended by Chapter 282, 1998 General Session
UT Code § 77-23-103 (2021)
2021 Utah Code|Title 77 - Utah Code of Criminal Procedure|Chapter 23 - Search and Administrative Warrants|Part 1 - Administrative Traffic Checkpoint Act|Section 103 - Circumstances permitting an administrative traffic checkpoint.

77-23-103. Circumstances permitting an administrative traffic checkpoint.  A motor vehicle may be stopped and the occupants detained by an enforcement officer when the enforcement officer:  (1) is acting pursuant to a duly authorized search warrant or arrest warrant;     (2) has probable cause to arrest or search;     (3) has reasonable suspicion that criminal activity has occurred or is occurring;     (4) is acting under emergency circumstances; or     (5) is acting pursuant to duly authorized administrative traffic checkpoint authority granted by a magistrate in accordance with Section 77-23-104.    Enacted by Chapter 72, 1992 General Session
UT Code § 77-23-104.5 (2021)
2021 Utah Code|Title 77 - Utah Code of Criminal Procedure|Chapter 23 - Search and Administrative Warrants|Part 1 - Administrative Traffic Checkpoint Act|Section 104.5 - Signs -- Prohibitions.

77-23-104.5. Signs -- Prohibitions.  An enforcement officer may not display a sign that notifies motorists of an administrative traffic checkpoint unless the checkpoint is being operated under the authority of a magistrate as provided in Section 77-23-104.  Enacted by Chapter 168, 2001 General Session
UT Code § 77-23-105 (2021)
2021 Utah Code|Title 77 - Utah Code of Criminal Procedure|Chapter 23 - Search and Administrative Warrants|Part 1 - Administrative Traffic Checkpoint Act|Section 105 - Failure to stop -- Criminal liability.

77-23-105. Failure to stop -- Criminal liability.  Any person who intentionally and knowingly passes, without stopping as required, any administrative traffic checkpoint operated under the authority of a magistrate as provided in Section 77-23-104 is guilty of a class B misdemeanor.  Enacted by Chapter 72, 1992 General Session
UT Code § 77-23-205 (2021)
2021 Utah Code|Title 77 - Utah Code of Criminal Procedure|Chapter 23 - Search and Administrative Warrants|Part 2 - Search Warrants|Section 205 - Officer may request assistance.

77-23-205. Officer may request assistance.  An officer who is serving a search warrant may request other persons to assist in conducting the search.  Amended by Chapter 153, 2007 General Session
UT Code § 77-23-213 (2021)
2021 Utah Code|Title 77 - Utah Code of Criminal Procedure|Chapter 23 - Search and Administrative Warrants|Part 2 - Search Warrants|Section 213 - Blood testing.

 Effective 5/14/2019  77-23-213. Blood testing.    (1) As used in this section:   (a) "Law enforcement purpose" means duties that consist primarily of the prevention and detection of crime and the enforcement of criminal statutes or ordinances of this state or any of this state's political subdivisions.     (b) "Peace officer" means those persons specified in Title 53, Chapter 13, Peace Officer Classifications.       (2) A peace officer may require an individual to submit to a blood test for a law enforcement purpose only if:   (a) the individual or legal representative of the individual with authority to give consent gives oral or written consent to the blood test;     (b) the peace officer obtains a warrant to administer the blood test; or     (c) a judicially recognized exception to obtaining a warrant exists as established by the Utah Court of Appeals, Utah Supreme Court, Court of Appeals of the Tenth Circuit, or the Supreme Court of the United States.       (3)   (a) Only the following, acting at the request of a peace officer, may draw blood to determine the blood's alcohol or drug content:   (i) a physician;     (ii) a physician assistant;     (iii) a registered nurse;     (iv) a licensed practical nurse;     (v) a paramedic;     (vi) as provided in Subsection (3)(b), emergency medical service personnel other than a paramedic; or     (vii) a person with a valid permit issued by the Department of Health under Section 26-1-30.       (b) The Department of Health may designate by rule, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, which emergency medical service personnel, as defined in Section 26-8a-102, are authorized to draw blood under Subsection (3)(a)(vi), based on the type of license under Section 26-8a-302.     (c) The following are immune from civil or criminal liability arising from drawing a blood sample from a person who a peace officer requests, for law enforcement purposes, if the sample is drawn in accordance with standard medical practice:   (i) a person authorized to draw blood under Subsection (3)(a); and     (ii) if the blood is drawn at a hospital or other medical facility, the medical facility.        Amended by Chapter 349, 2019 General Session