reglab/statecodes huggingface dataset:
2023 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 5/3/2023
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(5).
(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(2) 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.
Amended by Chapter 113, 2023 General Session
Amended by Chapter 408, 2023 General Session
2023 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 5/3/2023
77-20-401.
Payment of monetary bail to sheriff -- Specific payment methods.
(1) Subject to Subsection 77-20-402(2), if an individual has been required by a county jail official, 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 county jail official:
(a) in money, by cash, certified or cashier's check, personal check with check guarantee card, money order, or credit card, if the county jail official has chosen to establish any of those options; or
(b) by a bail bond issued by a surety.
(2) A county jail official 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 county jail official.
Amended by Chapter 408, 2023 General Session
2023 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
2023 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.
Renumbered and Amended by Chapter 4, 2021 Special Session 2
2023 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
2023 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
2023 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
2023 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
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 21 - Uniform Act to Secure the Attendance of Witnesses from Without a State in Criminal Proceedings › Section 1 - Short title -- Construction.

77-21-1.
Short title -- Construction.
This chapter may be cited as the "Uniform Act to Secure the Attendance of Witnesses from Without a State in Criminal Proceedings." It shall be interpreted and construed as to effectuate its general purpose to make uniform the law of the states which enact it.
Enacted by Chapter 15, 1980 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 21 - Uniform Act to Secure the Attendance of Witnesses from Without a State in Criminal Proceedings › Section 3 - Procedure to secure attendance of witness from without state.

77-21-3.
Procedure to secure attendance of witness from without state.
If a person in any state, which by its laws has made provision for commanding persons within its borders to attend and testify in criminal prosecutions, or grand jury investigations commenced or about to commence, in this state, is a material witness in a prosecution pending in a court of record in this state, or in a grand jury investigation which has commenced or is about to commence, a judge of the court may issue a certificate under the seal of the court stating these facts and specifying the number of days the witness will be required. The certificate may include a recommendation that the witness be taken into immediate custody and delivered to an officer of this state to assure his attendance in this state. This certificate shall be presented to a judge of a court of record in the county in which the witness is found.
If the witness is summoned to attend and testify in this state he shall be tendered such sum as may be required by the laws of the state in which the witness is found, not exceeding the sum of 20 cents a mile for each mile by the ordinary traveled route to and from the court where the prosecution is pending and $30 for each day that he is required to travel and attend as a witness. A witness who has appeared in accordance with the provisions of the summons shall not be required to remain within this state a longer period of time than the period mentioned in the certificate unless otherwise ordered by the court. If the witness, after coming into this state, fails without good cause to attend and testify as directed in the summons, he shall be punished in the manner provided for the punishment of any witness who disobeys a summons issued from a court of record in this state.
Enacted by Chapter 15, 1980 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 21 - Uniform Act to Secure the Attendance of Witnesses from Without a State in Criminal Proceedings › Section 4 - Fees.

77-21-4.
Fees.
Whenever a judge of a court of record of this state issues a certificate under the provisions of this chapter to obtain the attendance of a witness for the prosecution from without the state in a criminal prosecution or grand jury investigation commenced or about to commence he shall designate therein a suitable peace officer of this state to present the certificate to the proper officer or tribunal of the state wherein the witness is found and to tender to the witness his per diem and mileage fees.
The officer shall exhibit the certificate to the county auditor of the county in which the criminal proceeding is pending and the auditor shall draw his warrant upon the county treasurer in favor of the officer in the amount to be tendered the witness. The officer shall be liable upon his official bond for the proper disposition of the money received.
In all cases in which the officer is required to travel in order to present the certificate and tender fees, his actual and necessary traveling expenses shall be paid out of the fund from which witnesses for the prosecution in the criminal proceeding are paid.
Enacted by Chapter 15, 1980 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 21 - Uniform Act to Secure the Attendance of Witnesses from Without a State in Criminal Proceedings › Section 5 - Witnesses not subject to arrest or service of process.

77-21-5.
Witnesses not subject to arrest or service of process.
If a person comes into this state in obedience to a summons directing him to attend and testify in this state he shall not, while in this state pursuant to such summons, be subject to arrest or the service of process, civil or criminal, in connection with matters which arose before his entrance into this state under the summons.
If a person passes through this state while going to another state in obedience to a summons to attend and testify in that state or while returning therefrom he shall not, while so passing through this state, be subject to arrest or the service of process, civil or criminal, in connection with matters which arose before his entrance into this state under the summons.
Enacted by Chapter 15, 1980 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 22 - Subpoena Powers for Aid of Criminal Investigation and Grants of Immunity › Section 1 - Declaration of necessity.

77-22-1.
Declaration of necessity.
It is declared, as a matter of legislative determination, that it is necessary to grant subpoena powers in aid of criminal investigations and to provide a method of keeping information gained from investigations secret both to protect the innocent and to prevent criminal suspects from having access to information prior to prosecution.
Amended by Chapter 296, 1997 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 22 - Subpoena Powers for Aid of Criminal Investigation and Grants of Immunity › Section 4 - Investigation records to be filed with court.

77-22-4.
Investigation records to be filed with court.
In all investigations under Section 77-22-2, the attorney general, county attorney, or district attorney shall maintain and file with the district court the following records of the criminal investigation, unless otherwise ordered by the court:
(1) a copy of the good cause statement and application for the authorization of the criminal investigation;
(2) a copy of all motions made to the court by the attorney general, the county attorney, or the district attorney;
(3) a copy of all court orders;
(4) a copy of all subpoenas issued;
(5) detailed descriptions of all documents and other evidence produced in response to subpoenas;
(6) a copy of all transcripts of testimony taken pursuant to the subpoena; and
(7) a copy of all written communications between the court and the attorney general, county attorney, or district attorney, and staff.
Amended by Chapter 38, 1993 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 22 - Subpoena Powers for Aid of Criminal Investigation and Grants of Immunity › Section 4.5 - Prosecutorial authority to compromise an offense regarding a witness.

77-22-4.5.
Prosecutorial authority to compromise an offense regarding a witness.
(1) As used in this section, "prosecutor" includes the state attorney general and any assistant, a district attorney and any deputy, a county attorney and any deputy, and a municipal prosecutor and any deputy.
(2) This chapter does not prohibit or limit the authority of a prosecutor to divert, reduce, or compromise any criminal charge against a witness or other party when the witness voluntarily enters into an agreement to provide testimony or other evidence against himself or another accused in consideration for the diversion, reduction, or compromise if:
(a) the prosecutor holds authority to prosecute the offense against the witness or other party; and
(b) the complete agreement with the witness is in writing and a copy of the agreement is given to the witness.
(3) Any agreement under Subsection (2) is subject to discovery by counsel for the accused in any prosecution in which the witness with whom the agreement is made has agreed to testify.
Enacted by Chapter 115, 1995 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 22a - Administrative Subpoenas in Controlled Substances Investigations › Section 1 - Administrative subpoenas -- Controlled substances investigations -- Procedures -- Witness fees.

77-22a-1.
Administrative subpoenas -- Controlled substances investigations -- Procedures -- Witness fees.
(1)
(a) The administrative subpoena process of this chapter may be used only to obtain third party information under circumstances where it is clear that the subpoenaed information is not subject to a claim of protection under the Fourth, Fifth, or Sixth Amendment, United States Constitution, or a similar claim under Article I, Sec. 12 and Sec. 14, Utah Constitution.
(b) A party subpoenaed under this chapter shall be advised by the subpoena that the party has a right to challenge the subpoena by motion to quash filed in the appropriate district court named in the subpoena before compliance is required.
(2)
(a) In any investigation relating to an attorney's functions under this chapter regarding controlled substances, the attorney general or a deputy or assistant attorney general, the county attorney or a deputy county attorney, or the district attorney or deputy district attorney may subpoena witnesses, compel the attendance and testimony of witnesses, or require the production of any records including books, papers, documents, and other tangible things that constitute or contain evidence found by the attorney general or a deputy or assistant attorney general or the county attorney or district attorney, as provided under Sections 17-18a-202 and 17-18a-203, or the county attorney's or district attorney's deputy under Section 17-18a-602, to be relevant or material to the investigation.
(b) The attendance of witnesses or the production of records may be required from any place within the state.
(3) Witnesses subpoenaed under this section shall be paid the same fees and mileage costs as witnesses in the state district courts.
(4) If the attorney general, a deputy or assistant attorney general, or the county attorney or district attorney, or a deputy attorney determines that disclosure of the existence of an administrative subpoena or of the information sought or of the existence of the investigation under which it is issued would pose a threat of harm to a person or otherwise impede the investigation, the subpoena shall contain language on its face directing that the witness not disclose to any person the existence or service of the subpoena, the information being sought, or the existence of an investigation.
Amended by Chapter 237, 2013 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 22a - Administrative Subpoenas in Controlled Substances Investigations › Section 2 - Service of administrative subpoena.

77-22a-2.
Service of administrative subpoena.
(1) A subpoena issued under this section may be served by any person designated in the subpoena for that purpose. Service upon a natural person may be made by personal delivery of the subpoena to him. Service may be made upon a domestic or foreign corporation or upon a partnership or other unincorporated association subject to suit under a common name by delivering the subpoena to an officer, managing or general agent, or other agent authorized by appointment or law to receive service of process.
(2) The affidavit of the person serving the subpoena, when entered on a copy of the subpoena by the person serving it, is proof of service.
Enacted by Chapter 9, 1989 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 22a - Administrative Subpoenas in Controlled Substances Investigations › Section 3 - Compliance with administrative subpoena.

77-22a-3.
Compliance with administrative subpoena.
(1) In the case of contumacy by or refusal to obey a subpoena issued to any person, the attorney general or a deputy or assistant attorney general or the county attorney or district attorney or his deputy may compel compliance with the subpoena through the district court:
(a) in the jurisdiction where the investigation is carried on;
(b) where the subpoenaed person is an inhabitant;
(c) where he carries on business; or
(d) where he may be found.
(2) The court may issue an order requiring the person subpoenaed to produce records or to appear before the attorney general or deputy or assistant attorney general, or the county attorney or district attorney or his deputy who issued the subpoena testimony touching the matter under investigation.
(3) Any failure to obey the court order may be punished by the court as contempt. All process in the case may be served in any judicial district in which the person may be found within the state.
(4) A witness may not be held liable in any civil or criminal proceeding for producing records or disclosing information to the person issuing the administrative subpoena as commanded by the subpoena.
Amended by Chapter 38, 1993 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 22b - Grants of Immunity › Section 2 - Refusal of witness to testify or produce evidence or information.

77-22b-2.
Refusal of witness to testify or produce evidence or information.
(1) A witness who has been served with notice under Section 77-22b-1 and refuses to comply with the notice may be required to show cause before the district court why the witness should not be compelled to testify or otherwise produce evidence or information.
(2) If, after notice and hearing, the court finds that the witness should be compelled to testify or otherwise produce evidence or information, it shall order the witness to comply. If the witness then refuses to comply, the witness may be held in contempt of court.
Enacted by Chapter 296, 1997 General Session
2023 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
2023 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
2023 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
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 23 - Search and Administrative Warrants › Part 1 - Administrative Traffic Checkpoint Act › Section 104 - Written plan -- Approval of magistrate.

Effective 7/1/2023
77-23-104.
Written plan -- Approval of magistrate.
(1) An administrative traffic checkpoint may be established and operated upon written authority of a magistrate.
(2) A magistrate may issue written authority to establish and operate an administrative traffic checkpoint if:
(a) a command level officer submits to the magistrate a written plan signed by the command level officer describing:
(i) the location of the checkpoint including geographical and topographical information;
(ii) the date, time, and duration of the checkpoint;
(iii) the sequence of traffic to be stopped;
(iv) the purpose of the checkpoint, including the inspection or inquiry to be conducted;
(v) the minimum number of personnel to be employed in operating the checkpoint, including the rank of the officer or officers in charge at the scene;
(vi) the configuration and location of signs, barriers, and other means of informing approaching motorists that they must stop and directing them to the place to stop;
(vii) any advance notice to the public at large of the establishment of the checkpoint; and
(viii) the instructions to be given to the enforcement officers operating the checkpoint;
(b) the magistrate makes an independent judicial determination that the plan appropriately:
(i) minimizes the length of time the motorist will be delayed;
(ii) minimizes the intrusion of the inspection or inquiry;
(iii) minimizes the fear and anxiety the motorist will experience;
(iv) minimizes the degree of discretion to be exercised by the individual enforcement officers operating the checkpoint; and
(v) maximizes the safety of the motorist and the enforcement officers; and
(c) the administrative traffic checkpoint has the primary purpose of inspecting, verifying, or detecting:
(i) drivers that may be under the influence of alcohol or drugs;
(ii) license plates, registration certificates, insurance certificates, or driver licenses;
(iii) violations of Title 23A, Wildlife Resources Act; or
(iv) other circumstances that are specifically distinguishable by the magistrate from a general interest in crime control.
(3) Upon determination by the magistrate that the plan meets the requirements of Subsection (2), the magistrate shall sign the authorization and issue it to the command level officer, retaining a copy for the court's file.
(4) A copy of the plan and signed authorization shall be issued to the checkpoint command level officer participating in the operation of the checkpoint.
(5) Any enforcement officer participating in the operation of the checkpoint shall conform the enforcement officer's activities as nearly as practicable to the procedures outlined in the plan.
(6) The checkpoint command level officer shall be available to exhibit a copy of the plan and signed authorization to any motorist who has been stopped at the checkpoint upon request of the motorist.
Amended by Chapter 34, 2023 General Session
2023 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
2023 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
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 23 - Search and Administrative Warrants › Part 2 - Search Warrants › Section 213 - Blood testing.

Effective 5/3/2023
Superseded 7/1/2024
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 and Human Services under Section 26B-1-202.
(b) The Department of Health and Human Services may designate by rule, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, which emergency medical service personnel, as defined in Section 26B-4-101, are authorized to draw blood under Subsection (3)(a)(vi), based on the type of license under Section 26B-4-116.
(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 330, 2023 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 23 - Search and Administrative Warrants › Part 2 - Search Warrants › Section 213 - Blood testing.

Effective 7/1/2024
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 and Human Services under Section 26B-1-202.
(b) The Department of Health and Human Services may designate by rule, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, which emergency medical service personnel, as defined in Section 53-2d-101, are authorized to draw blood under Subsection (3)(a)(vi), based on the type of license under Section 53-2d-402.
(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 310, 2023 General Session
Amended by Chapter 330, 2023 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 23 - Search and Administrative Warrants › Part 3 - Warrantless Searches › Section 301 - Warrantless searches regarding persons on parole.

77-23-301.
Warrantless searches regarding persons on parole.
(1) An inmate who is eligible for release on parole shall, as a condition of parole, sign an agreement as described in Subsection (2) that the inmate, while on parole, is subject to search or seizure of the inmate's person, property, place of temporary or permanent residence, vehicle, or personal effects while on parole:
(a) by a parole officer at any time, with or without a search warrant, and with or without cause; and
(b) by a law enforcement officer at any time, with or without a search warrant, and with or without cause, but subject to Subsection (3).
(2)
(a) The terms of the agreement under Subsection (1) shall be stated in clear and unambiguous language.
(b) The agreement shall be signed by the parolee, indicating the parolee's understanding of the terms of searches as allowed by Subsection (1).
(3)
(a) In order for a law enforcement officer to conduct a search of a parolee's residence under Subsection (1) or a seizure pursuant to the search, the law enforcement officer shall have obtained prior approval from a parole officer or shall have a warrant for the search.
(b) If a law enforcement officer conducts a search of a parolee's person, personal effects, or vehicle pursuant to a stop, the law enforcement officer shall notify a parole officer as soon as reasonably possible after conducting the search.
(4) A search conducted under this section may not be for the purpose of harassment.
(5) Any inmate who does not agree in writing to be subject to search or seizure under Subsection (1) may not be paroled until the inmate enters into the agreement under Subsection (1).
(6) This section applies only to an inmate who is eligible for release on parole on or after May 5, 2008.
Enacted by Chapter 357, 2008 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 23a - Interception of Communications Act › Section 2 - Legislative findings.

77-23a-2.
Legislative findings.
The Legislature finds and determines that:
(1) Wire communications are normally conducted through facilities which form part of an interstate network. The same facilities are used for interstate and intrastate communications.
(2) In order to protect effectively the privacy of wire and oral communications, to protect the integrity of court and administrative proceedings, and to prevent the obstruction of intrastate commerce, it is necessary for the legislature to define the circumstances and conditions under which the interception of wire and oral communications may be authorized and to prohibit any unauthorized interception of these communications and the use of the contents thereof in evidence in courts and administrative proceedings.
(3) Organized criminals make extensive use of wire and oral communications in their criminal activities. The interception of such communications to obtain evidence of the commission of crimes or to prevent their commission is an indispensable aid to law enforcement and the administration of justice.
(4) To safeguard the privacy of innocent persons, the interception of wire or oral communications when none of the parties to the communication has consented to the interception should be allowed only when authorized by a court of competent jurisdiction and should remain under the control and supervision of the authorizing court. Interception of wire and oral communications should further be limited to certain major types of offenses and specific categories of crime with assurance that the interception is justified and that the information obtained thereby will not be misused.
Enacted by Chapter 15, 1980 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 23a - Interception of Communications Act › Section 4.5 - Implanting an electronic identification device -- Penalties.

77-23a-4.5.
Implanting an electronic identification device -- Penalties.
(1) A person may not require, coerce, or compel any other individual to undergo or submit to the subcutaneous implanting of a radio frequency identification tag.
(2) Any person who violates Subsection (1) is guilty of a class A misdemeanor.
(3)
(a) A person who is implanted with a subcutaneous identification device in violation of Subsection (1) may bring a civil action in any court of competent jurisdiction for actual damages, compensatory damages, punitive damages, injunctive relief, or any combination of these.
(b) The initial civil penalty may not be more than $10,000, and no more than $1,000 for each day the violation continues until the electronic identification device is removed or disabled.
Enacted by Chapter 168, 2011 General Session