reglab/statecodes huggingface dataset:
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 8a - Criminal Offense Charges › Section 1 - Joinder of offenses and of defendants.

77-8a-1.
Joinder of offenses and of defendants.
(1) Two or more felonies, misdemeanors, or both, may be charged in the same indictment or information if each offense is a separate count and if the offenses charged are:
(a) based on the same conduct or are otherwise connected together in their commission; or
(b) alleged to have been part of a common scheme or plan.
(2)
(a) When a felony and misdemeanor are charged together the defendant is afforded a preliminary hearing with respect to both the misdemeanor and felony offenses.
(b) Two or more defendants may be charged in the same indictment or information if they are alleged to have participated in the same act or conduct or in the same criminal episode.
(c) The defendants may be charged in one or more counts together or separately and all of the defendants need not be charged in each count.
(d) When two or more defendants are jointly charged with any offense, they shall be tried jointly unless the court in its discretion on motion or otherwise orders separate trials consistent with the interests of justice.
(3)
(a) The court may order two or more indictments or informations or both to be tried together if the offenses, and the defendants, if there is more than one, could have been joined in a single indictment or information.
(b) The procedure shall be the same as if the prosecution were under a single indictment or information.
(4)
(a) If the court finds a defendant or the prosecution is prejudiced by a joinder of offenses or defendants in an indictment or information or by a joinder for trial together, the court shall order an election of separate trials of separate counts, grant a severance of defendants, or provide other relief as justice requires.
(b) A defendant's right to severance of offenses or defendants is waived if the motion is not made at least five days before trial. In ruling on a motion by defendant for severance, the court may order the prosecutor to disclose any statements made by the defendants which he intends to introduce in evidence at the trial.
Enacted by Chapter 201, 1990 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 9 - Uniform Act on Fresh Pursuit › Section 1 - Authority of peace officer of another state.

77-9-1.
Authority of peace officer of another state.
A peace officer of another state or the District of Columbia who enters this state in fresh pursuit and continues in fresh pursuit of a person in order to arrest him on the ground that he is reasonably believed to have committed a felony in another state, has the same authority to arrest and hold a person in custody as a peace officer of this state. Fresh pursuit does not require instant action, but pursuit without unreasonable delay.
Enacted by Chapter 15, 1980 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 9 - Uniform Act on Fresh Pursuit › Section 2 - Procedure after arrest.

77-9-2.
Procedure after arrest.
An officer who has made an arrest pursuant to Section 77-9-1 shall without unnecessary delay take the person arrested before a magistrate of the county in which the arrest was made. The magistrate shall conduct a hearing to determine the lawfulness of the arrest. If he finds the arrest was lawful, the magistrate may commit the person arrested for a reasonable time or may admit the person to bail pending extradition proceedings.
Enacted by Chapter 15, 1980 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 9 - Uniform Act on Fresh Pursuit › Section 3 - Authority of peace officer of this state beyond normal jurisdiction.

77-9-3.
Authority of peace officer of this state beyond normal jurisdiction.
(1) Any peace officer authorized by any governmental entity of this state may exercise a peace officer's authority beyond the limits of such officer's normal jurisdiction as follows:
(a) when in fresh pursuit of an offender for the purpose of arresting and holding that person in custody or returning the suspect to the jurisdiction where the offense was committed;
(b) when a public offense is committed in such officer's presence;
(c) when participating in an investigation of criminal activity which originated in the officer's normal jurisdiction in cooperation with the local authority; or
(d) when called to assist peace officers of another jurisdiction.
(2)
(a) Any peace officer, prior to taking any action authorized by Subsection (1), shall notify and receive approval of the local law enforcement authority, or if the prior contact is not reasonably possible, notify the local law enforcement authority as soon as reasonably possible.
(b) Unless specifically requested to aid a peace officer of another jurisdiction or otherwise as provided for by law, no legal responsibility for a peace officer's action outside his normal jurisdiction, except as provided in this section, shall attach to the local law enforcement authority.
Amended by Chapter 282, 1998 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 10a - Grand Jury Reform › Section 1 - Definitions.

77-10a-1.
Definitions.
As used in this chapter:
(1) "Clerk of the court" means the state court administrator or his designee.
(2) "Managing judge" means the supervising judge when he retains authority to manage a grand jury, or the district court judge to whom the supervising judge delegates management of a grand jury.
(3) "Presiding officer" means the presiding officer of the Judicial Council.
(4) "Subject" means a person whose conduct is within the scope of the grand jury's investigation, and that conduct exposes the person to possible criminal prosecution.
(5) "Supervising judge" means the district court judge appointed by the presiding officer to supervise the five-judge grand jury panel.
(6) "Target" means a person regarding whom the attorney for the state, the special prosecutor, or the grand jury has substantial evidence that links that person to the commission of a crime and who could be indicted or charged with that crime.
(7) "Witness" means a person who appears before the grand jury either voluntarily or pursuant to subpoena for the purpose of providing testimony or evidence for the grand jury's use in discharging its responsibilities.
Enacted by Chapter 318, 1990 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 10a - Grand Jury Reform › Section 4 - Number of members -- Number required for indictment.

77-10a-4.
Number of members -- Number required for indictment.
(1) Any grand jury summoned under this chapter shall consist of not fewer than nine or more than 15 members.
(2) The grand jury may return an indictment only if at least three-fourths of the members, or the next highest whole number, vote in favor of the indictment.
Enacted by Chapter 318, 1990 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 10a - Grand Jury Reform › Section 5 - Grand jurors -- Qualification and selection -- Limits on disclosure.

Effective 5/9/2017
77-10a-5.
Grand jurors -- Qualification and selection -- Limits on disclosure.
(1) Grand jurors shall meet the qualifications provided for jurors generally in Title 78B, Chapter 1, Part 1, Jury and Witness Act. Grand jurors shall be selected from the prospective jury list as provided in Section 78B-1-107.
(2) The names of grand jurors are classified as protected records under Title 63G, Chapter 2, Government Records Access and Management Act.
Amended by Chapter 115, 2017 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 10a - Grand Jury Reform › Section 8 - Challenge of prospective grand jurors -- Failure to comply in selection of jurors -- Remedies.

77-10a-8.
Challenge of prospective grand jurors -- Failure to comply in selection of jurors -- Remedies.
(1) The attorney general, county attorney, district attorney, or special prosecutor may challenge:
(a) the array of grand jurors on the ground the grand jury was not selected, drawn, or summoned in accordance with law; and
(b) an individual juror on the ground the juror is not legally qualified.
(2) Challenges shall be made before the administration of the oath to the jurors and shall be tried to the court managing the grand jury.
(3) A motion to dismiss the indictment may be based on objections to the array or on the lack of legal qualification of an individual juror, if not previously determined upon challenge.
(4) In criminal cases the defendant or attorney for the state may move to dismiss the indictment or stay the proceedings on the ground of substantial failure to comply with this chapter in selecting the grand jury. However, he must do so before the voir dire examination begins or within seven days after the defendant or attorney for the state discovered or could have discovered the grounds by the exercise of diligence, whichever is earlier, or the motion is considered waived.
(5)
(a) Any motion filed under Subsection (1), (3), or (4) must contain a sworn statement of facts which, if true, would constitute a substantial failure to comply with the provisions of this chapter. The moving party may present in support of the motion the testimony of the clerk if he is available, any relevant records and papers used by the clerk that were not made public or otherwise available, and any other relevant evidence.
(b) If the managing judge determines there has been a substantial failure to comply with the provisions of this chapter in selecting the grand jury, he shall stay the proceedings pending the selection of a grand jury in conformity with this chapter or dismiss the indictment, whichever is appropriate.
(6)
(a) The procedures prescribed by this section are the exclusive means by which a party accused of a crime or an attorney for the state may challenge any grand jury on the ground it was not selected in conformity with this chapter.
(b) An indictment may not be dismissed in any case on the ground that one or more members of the grand jury that returned the indictment were not legally qualified if it appears from the record kept by the grand jury that eight or more jurors, after deducting the number not qualified, concurred in finding the indictment.
Amended by Chapter 38, 1993 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 10a - Grand Jury Reform › Section 9 - Oath for grand jurors.

77-10a-9.
Oath for grand jurors.
Grand jurors and those selected as alternates shall take the following oath:
"Do you, and each of you, solemnly swear that you will diligently inquire into and make true presentment or indictment of all matters and things as are given you in charge or otherwise come to your knowledge, touching upon your grand jury service; to keep secret the counsel of the state, your fellows, and yourselves; to not present or indict any person through hatred, malice, or ill will; to not leave any person unpresented or unindicted through fear, favor, or affection, nor for any reward, or hope or promise thereof; but in all your investigations, presentments, and indictments to seek and present the truth, the whole truth and nothing but the truth, to the best of your skill and understanding? If so, answer 'I do.'"
Enacted by Chapter 318, 1990 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 10a - Grand Jury Reform › Section 10 - Charge of grand jury -- Rights and duties.

77-10a-10.
Charge of grand jury -- Rights and duties.
Upon impanelment of each grand jury, the judge managing the grand jury shall charge the grand jury and inform it of:
(1) its duty to inquire into offenses against the criminal laws alleged to have been committed within the jurisdiction;
(2) its independent right to call and interrogate witnesses;
(3) its right to request the production of documents or other evidence, including exculpatory evidence;
(4) the necessity of finding credible evidence of each material element of any crime charged before returning an indictment;
(5) the need to be satisfied that clear and convincing evidence exists that tends to show that a crime was committed by the person or persons accused before returning an indictment;
(6) its right to have the prosecutor present it with draft indictments for less serious charges than those originally requested by the prosecutor;
(7) the obligation of secrecy; and
(8) other duties and rights as the court finds advisable.
Enacted by Chapter 318, 1990 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 10a - Grand Jury Reform › Section 11 - Jury foreman -- Compensation of grand jurors.

77-10a-11.
Jury foreman -- Compensation of grand jurors.
(1) The managing judge shall appoint one of the jurors to be foreman and another to be deputy foreman. The foreman may administer oaths and affirmations and shall sign all indictments. The foreman or another juror designated by him shall keep record of the number of jurors concurring in the finding of every indictment and shall file the record with the clerk of the court. The record may not be made public except on order of the managing judge.
(2) During the absence of the foreman the deputy foreman shall act as foreman.
(3) A grand juror shall be compensated at the same rate as a juror in a state district court for each day of service.
Enacted by Chapter 318, 1990 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 10a - Grand Jury Reform › Section 12 - Representation of state -- Appointment and compensation of special prosecutor.

Effective 5/12/2015
77-10a-12.
Representation of state -- Appointment and compensation of special prosecutor.
(1) The state may be represented before any grand jury summoned in the state by:
(a) the attorney general or any assistant attorney general;
(b) a county attorney or any deputy county attorney;
(c) a district attorney or any deputy district attorney;
(d) a municipal attorney or any deputy municipal attorney; or
(e) special prosecutors appointed under this chapter and their assistants.
(2) The supervising judge shall determine if a special prosecutor is necessary. A special prosecutor may be appointed only upon good cause shown and after the supervising judge makes a written finding that a conflict of interest exists in the Office of the Attorney General, the office of the county attorney, district attorney, or municipal attorney who would otherwise represent the state before the grand jury.
(3) In selecting a special prosecutor, the supervising judge shall give preference to the attorney general and assistant attorneys general, county attorneys, district attorneys, or municipal attorneys and their deputies.
(4)
(a) The compensation of a special prosecutor appointed under this chapter who is an employee of the Office of the Attorney General, the office of a county attorney, district attorney, or municipal attorney is only the current compensation received in that office.
(b) The compensation for an appointed special prosecutor who is not an employee of a prosecutorial office under Subsection (4)(a) shall be comparable to the compensation of a deputy or assistant attorney general having similar experience to that of the special prosecutor.
(5) The attorney general, county attorney, district attorney, or municipal attorney may elect to have a special prosecutor appointed by the supervising judge at the expense of the governmental entity supporting the electing prosecutor. Upon receipt of written notice from the prosecutor of that election, the supervising judge shall appoint a special prosecutor in accordance with this section. The electing prosecutor's supporting governmental entity shall reimburse the state for expenses incurred in appointment and compensation of the special prosecutor.
Amended by Chapter 258, 2015 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 10a - Grand Jury Reform › Section 14 - Concurrence for indictment -- Proof -- Validity -- Disclosure.

Effective 5/8/2018
77-10a-14.
Concurrence for indictment -- Proof -- Validity -- Disclosure.
(1) An indictment may be found only upon the concurrence of at least three-fourths, or the next highest whole number, of the grand jurors.
(2) An indictment may not be found unless the grand jurors who vote in favor of the indictment find there is clear and convincing evidence to believe the crime to be charged was committed and the person to be indicted committed the crime. An indictment may not be returned solely on the basis of incompetent hearsay.
(3) To be valid, the indictment shall be signed by the foreman and then returned to the managing judge in open court. The clerk of the managing court shall file the indictment upon receipt.
(4)
(a) The managing judge who takes the return of the indictment may direct that the indictment be kept secret until the defendant is in custody or has been released pending trial.
(b) The clerk shall then seal the indictment and, except for transferring the indictment to the appropriate court for trial as provided by this chapter, may not permit any person to disclose the return of the indictment except when necessary for the issuance and execution of a warrant or summons.
Amended by Chapter 30, 2018 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 10a - Grand Jury Reform › Section 15 - Return and transfer of indictment.

77-10a-15.
Return and transfer of indictment.
Immediately upon the return of an indictment the managing judge shall enter an order transferring the indictment to a court with appropriate jurisdiction and proper venue under Section 76-1-202 to try the matter.
Enacted by Chapter 318, 1990 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 10a - Grand Jury Reform › Section 16 - Return of indictment -- Warrant of arrest -- Bail.

77-10a-16.
Return of indictment -- Warrant of arrest -- Bail.
(1) The managing judge may upon return of an indictment, when the defendant is not in custody, cause a warrant to be issued for the arrest of the defendant charged and shall fix an appropriate bail.
(2) Return of any warrant of arrest shall be in the court to which the indictment is transferred for trial. The court to which the return is made may review bail and any conditions of detention or release.
Enacted by Chapter 318, 1990 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 10a - Grand Jury Reform › Section 18 - Grand jury term of service -- Excusing a juror.

77-10a-18.
Grand jury term of service -- Excusing a juror.
(1) A grand jury shall serve until discharged by the managing judge. However, a grand jury may not serve more than 18 months unless the managing judge extends the service of the grand jury, upon determining an extension is in the public interest. The extension may be no longer than a period of six months.
(2) The managing judge may at any time excuse a juror either temporarily or permanently for cause shown. If a juror is excused permanently, the managing judge may impanel another juror in his place.
Enacted by Chapter 318, 1990 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 10a - Grand Jury Reform › Section 19 - Compensation for special prosecutors.

77-10a-19.
Compensation for special prosecutors.
(1) Compensation for special prosecutors under this section shall be paid by the Judicial Council. For this purpose, there is appropriated from the General Fund to the Judicial Council $50,000 as a separate line item in the budget of the Judicial Council for the fiscal year 1989-1990. The line item shall be nonlapsing.
(2)
(a) If during the fiscal year compensation of special prosecutors under this chapter exceeds $50,000, additional compensation shall be requested as a supplemental appropriation from the Legislature.
(b) If during the fiscal year compensation of special prosecutors under this chapter is less than $50,000, the balance carries over to the next fiscal year, and the appropriation for that next fiscal year for prosecutor compensation shall be no more than the amount necessary to total $50,000 when added to the nonlapsing balance carried over from the prior fiscal year.
Enacted by Chapter 318, 1990 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 10a - Grand Jury Reform › Section 20 - Expenses of grand jury -- Appropriation -- Payment by state or county.

77-10a-20.
Expenses of grand jury -- Appropriation -- Payment by state or county.
(1)
(a) The expenses of operation of a grand jury summoned under this chapter shall be paid by the Judicial Council, except under Subsection (2).
(b) Expenses include grand juror fees, rental of a facility, cost of transcripts, payment for a court reporter or electronic recording device, secretarial services, and investigation and recorder staff.
(c) For this purpose, an appropriation of $25,000 is made from the General Fund to the Judicial Council as a separate line item in the budget of the Judicial Council.
(d) Any amount of this appropriation remaining at the end of the fiscal year lapses into the General Fund.
(2)
(a) When a grand jury is summoned to investigate an allegation that is determined to be primarily a county-related issue, the expenses of the grand jury shall be paid by the county or counties involved.
(b) The supervising judge shall determine before the grand jury is called if the allegations involve primarily the state or a county or counties for purposes of determining payment of expenses under this section.
(3) The expenses of any grand jury and the compensation for any special prosecutor appointed under this chapter shall be reviewed and approved or disapproved by the clerk of the court under the direction of the managing judge.
Amended by Chapter 372, 1997 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 11a - Seizure of Property and Contraband › Part 1 - General Provisions › Section 102 - Venue.

Effective 5/3/2023
Superseded 7/1/2024
77-11a-102.
Venue.
(1) In addition to Title 78B, Chapter 3, Part 3, Place of Trial -- Venue, or any other provision of law, a person may bring an action or proceeding under this chapter in the judicial district in which:
(a) the property is seized; or
(b) any part of the property is found.
(2) A claimant may obtain a change of venue under Section 78B-3-309.
Renumbered and Amended by Chapter 448, 2023 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 11a - Seizure of Property and Contraband › Part 1 - General Provisions › Section 102 - Venue.

Effective 7/1/2024
77-11a-102.
Venue.
In addition to Title 78B, Chapter 3a, Venue for Civil Actions, or any other provision of law, a person may bring an action or proceeding under this chapter in the judicial district in which:
(1) the property is seized; or
(2) any part of the property is found.
Amended by Chapter 401, 2023 General Session
Renumbered and Amended by Chapter 448, 2023 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 11a - Seizure of Property and Contraband › Part 2 - Seizure of Property and Contraband › Section 201 - Grounds for seizing property and contraband.

Effective 5/3/2023
77-11a-201.
Grounds for seizing property and contraband.
A peace officer may seize property or contraband:
(1) upon a search warrant or administrative warrant that is issued in accordance with the Utah Code and the Utah Rules of Criminal Procedure;
(2) when the seizure is incident to an arrest;
(3) when the property seized is the subject of a prior judgment in favor of the state in a criminal injunction or forfeiture proceeding under Chapter 11b, Forfeiture of Seized Property; or
(4) when the peace officer has probable cause to believe that the property or contraband:
(a) is directly or indirectly dangerous to health or safety;
(b) is evidence of an offense;
(c) has been used or was intended to be used to commit an offense; or
(d) is proceeds of an offense.
Renumbered and Amended by Chapter 448, 2023 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 11a - Seizure of Property and Contraband › Part 2 - Seizure of Property and Contraband › Section 202 - Ownership interest in property or contraband seized by a peace officer.

Effective 5/3/2023
77-11a-202.
Ownership interest in property or contraband seized by a peace officer.
(1) To disclaim an ownership interest in property at the time of seizure, a person's disclaimer of the property must be knowing and voluntary.
(2) A person may not assert an ownership interest in contraband seized by a peace officer.
Renumbered and Amended by Chapter 448, 2023 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 11a - Seizure of Property and Contraband › Part 2 - Seizure of Property and Contraband › Section 203 - Procedure after seizure of property or contraband.

Effective 5/3/2023
77-11a-203.
Procedure after seizure of property or contraband.
(1) If a peace officer seizes property or contraband under Section 77-11a-201, the property and contraband:
(a) is not recoverable by replevin; and
(b) is considered in the custody of the agency that employed the peace officer.
(2) If a peace officer seizes property under Section 77-11a-201, the peace officer or the peace officer's employing agency shall provide a receipt to the person from which the property is seized.
(3) The receipt shall describe the:
(a) property seized;
(b) date of seizure; and
(c) name and contact information of the peace officer's employing agency.
(4) In addition to the receipt, the peace officer or agency shall provide the person with:
(a) information on:
(i) the time periods for the forfeiture of property; and
(ii) what happens to property upon a conviction or acquittal of the offense subjecting the property to seizure; and
(b) a web link or referral to the self-help webpage of the Utah Courts' website for resources that may assist the person in making a claim for the return of seized property.
(5) The agency shall maintain a copy of the receipt provided in accordance with Subsection (2).
(6) If a peace officer seizes property that, at the time of seizure, is held by a pawn or secondhand business in the course of the pawn or secondhand business's business, the provisions of Section 13-32a-109.5 shall apply to the seizure of the property.
(7) If custody of the property is transferred to another agency, the transferring agency shall provide the other agency a copy of the receipt under Subsection (2) and the name of the person from which the property was seized.
Renumbered and Amended by Chapter 448, 2023 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 11a - Seizure of Property and Contraband › Part 2 - Seizure of Property and Contraband › Section 204 - Custody of seized property and contraband.

Effective 5/3/2023
77-11a-204.
Custody of seized property and contraband.
(1) An agency with custody of seized property or contraband shall:
(a) hold the property or contraband in safe custody until the property or contraband is released or disposed of in accordance with:
(i) this chapter; and
(ii)Chapter 11c, Retention of Evidence; and
(b) maintain a record of the property or contraband, including:
(i) a detailed inventory of all property or contraband seized;
(ii) the name of the person from which the property or contraband was seized; and
(iii) the agency's case number.
(2)
(a) Except as provided in Subsection (2)(b), no later than 30 days after the day on which a peace officer seizes property in the form of cash or other readily negotiable instruments, an agency shall deposit the property into a separate, restricted, interest-bearing account maintained by the agency solely for the purpose of managing and protecting the property from commingling, loss, or devaluation.
(b) A prosecuting attorney may authorize one or more written extensions of the 30-day period under Subsection (2)(a) if the property needs to maintain the form in which the property was seized for evidentiary purposes or other good cause.
(3) An agency shall:
(a) have written policies for the identification, tracking, management, and safekeeping of seized property and contraband; and
(b) shall have a written policy that prohibits the transfer, sale, or auction of seized property and contraband to an employee of the agency.
Renumbered and Amended by Chapter 448, 2023 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 11a - Seizure of Property and Contraband › Part 3 - Release of Seized Property to Claimant › Section 302 - Release of seized property to claimant by surety bond or cash.

Effective 5/3/2023
77-11a-302.
Release of seized property to claimant by surety bond or cash.
(1) Except as provided in Subsection (2), a claimant may obtain release of seized property by posting a surety bond or cash with the court that is in an amount equal to the current fair market value of the property as determined by the court or a stipulation by the parties.
(2) A court may refuse to order the release of property under Subsection (1) if:
(a) the bond tendered for the property is inadequate;
(b) the property is subject to the retention or preservation requirements under Chapter 11c, Retention of Evidence;
(c) the property is particularly altered or designed for use in the commission of the offense subjecting the property to forfeiture under Section 77-11b-102; or
(d) the property is contraband.
(3) If a surety bond or cash is posted and the court later determines that the property is forfeited, the court shall order the forfeiture of the surety bond or cash in lieu of the property.
Enacted by Chapter 448, 2023 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 11a - Seizure of Property and Contraband › Part 3 - Release of Seized Property to Claimant › Section 303 - Release of seized property subject to forfeiture to claimant for hardship.

Effective 5/3/2023
77-11a-303.
Release of seized property subject to forfeiture to claimant for hardship.
(1) A claimant is entitled to the immediate release of seized property for which the agency has filed a notice of intent to forfeit under Section 77-11b-201 if:
(a) the claimant had a possessory interest in the property at the time of seizure;
(b) continued possession by the agency pending a forfeiture proceeding will cause substantial hardship to the claimant, including:
(i) preventing the functioning of a legitimate business;
(ii) preventing any individual from working;
(iii) preventing any child from attending elementary or secondary school;
(iv) preventing or hindering an individual from receiving necessary medical care;
(v) preventing the care of a dependent child or adult who is elderly or disabled;
(vi) leaving an individual homeless; or
(vii) any other condition that the court determines causes a substantial hardship;
(c) the hardship from the continued possession of the property by the agency outweighs the risk that the property will be destroyed, damaged, lost, concealed, or transferred if the property is returned to the claimant during the pendency of the proceeding; and
(d) the determination of substantial hardship under this Subsection (1) is based upon the property's use before the seizure.
(2) A claimant may file a motion or petition for hardship release under this section:
(a) in the court in which forfeiture proceedings have commenced; or
(b) in a district court where there is venue under Section 77-11a-102 if a forfeiture proceeding has not yet commenced.
(3) The motion or petition for hardship release shall be served upon the agency with custody of the property within five days after the day on which the motion or petition is filed.
(4) The court shall:
(a) schedule a hearing on the motion or petition within 14 days after the day on which the motion or petition is filed; and
(b) render a decision on a motion or petition for hardship filed under this section no later than 20 days after the day of the hearing, unless this period is extended by the agreement of both parties or by the court for good cause shown.
(5) If the claimant demonstrates substantial hardship under Subsection (1), the court shall order the property immediately released to the claimant pending completion of any forfeiture proceeding.
(6) The court may place conditions on release of the property as the court finds necessary and appropriate to preserve the availability of the property or the property's equivalent for forfeiture.
(7) The hardship release under this section does not apply to:
(a) contraband;
(b) property that is subject to the retention or preservation requirements under Chapter 11c, Retention of Evidence; or
(c) property that is likely to be used to commit additional offenses if returned to the claimant.
Enacted by Chapter 448, 2023 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 11a - Seizure of Property and Contraband › Part 3 - Release of Seized Property to Claimant › Section 305 - Release of seized property to claimant when seized property is retained as evidence.

Effective 5/3/2023
77-11a-305.
Release of seized property to claimant when seized property is retained as evidence.
(1)
(a) A claimant may file a petition with the court for the return of the property that is being retained as evidence in accordance with Chapter 11c, Retention of Evidence.
(b) The claimant may file the petition in:
(i) the court in which criminal proceedings have commenced regarding the offense for which the property is being retained as evidence; or
(ii) the district court with venue under Section 77-11a-102 if there are no pending criminal proceedings.
(c) A claimant shall serve a copy of the petition on the prosecuting attorney and the agency with custody of the property.
(2)
(a) The court shall provide an opportunity for an expedited hearing.
(b) After the opportunity for an expedited hearing, the court may order that the property is:
(i) returned to the claimant if the claimant is the owner as determined by the court;
(ii) if the offense subjecting the property to seizure results in a conviction, applied directly or by proceeds of the sale of the property toward restitution, fines, or fees owed by the claimant in an amount set by the court;
(iii) converted to a public interest use;
(iv) held for further legal action;
(v) sold at public auction and the proceeds of the sale applied to a public interest use; or
(vi) destroyed.
(3) Before the court can order property be returned to a claimant, the claimant shall establish, by clear and convincing evidence, that the claimant:
(a) is the owner of the property; and
(b) may lawfully possess the property.
(4) If the court orders the property to be returned to the claimant, the agency with custody of the property shall return the property to the claimant as expeditiously as possible.
Renumbered and Amended by Chapter 448, 2023 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 11a - Seizure of Property and Contraband › Part 4 - Disposal of Seized Property and Contraband › Section 401 - Applicability of this part.

Effective 5/3/2023
77-11a-401.
Applicability of this part.
The provisions of this part do not apply to property or contraband:
(1) for which an agency has filed a notice of intent to seek forfeiture under Chapter 11b, Forfeiture of Seized Property; or
(2) until the property or contraband is no longer subject to the retention or preservation requirements under Chapter 11c, Retention of Evidence.
Renumbered and Amended by Chapter 448, 2023 General Session