Utah Code

Chapter 7
Arrest, by Whom, and How Made

77-7-1 "Arrest" defined -- Restraint allowed.

An arrest is an actual restraint of the person arrested or submission to custody. The person
shall not be subjected to any more restraint than is necessary for his arrest and detention.

Enacted by Chapter 15, 1980 General Session

77-7-2 Arrest by peace officers.

A peace officer may make an arrest under authority of a warrant or may, without warrant, arrest
a person:
(1)
(a) for any public offense committed or attempted in the presence of any peace officer; and
(b) as used in this Subsection (1), "presence" includes all of the physical senses or any
device that enhances the acuity, sensitivity, or range of any physical sense, or records the
observations of any of the physical senses;
(2) when the peace officer has reasonable cause to believe a felony or a class A misdemeanor has
been committed and has reasonable cause to believe that the person arrested has committed
it;
(3) when the peace officer has reasonable cause to believe the person has committed a public
offense, and there is reasonable cause for believing the person may:
(a) flee or conceal himself to avoid arrest;
(b) destroy or conceal evidence of the commission of the offense; or
(c) injure another person or damage property belonging to another person;
(4) when the peace officer has reasonable cause to believe the person has committed the offense
of failure to disclose identity under Section 76-8-301.5; or
(5) when the peace officer has reasonable cause to believe that the person is an alien:
(a) subject to a civil removal order issued by an immigration judge;
(b) regarding whom a civil detainer warrant has been issued by the federal Department of
Homeland Security; or
(c) who has been charged or convicted in another state with one or more aggravated felonies as
defined by 8 U.S.C. Sec. 1101(a)(43).

Amended by Chapter 18, 2011 General Session

Amended by Chapter 21, 2011 General Session

77-7-3 By private persons.

A private person may arrest another:
(1) For a public offense committed or attempted in his presence; or
(2) When a felony has been committed and he has reasonable cause to believe the person
arrested has committed it.

Enacted by Chapter 15, 1980 General Session

77-7-4 Magistrate may orally order arrest.

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A magistrate may orally require a peace officer to arrest anyone committing or attempting to
commit a public offense in the presence of the magistrate, and, in the case of an emergency, when
probable cause exists, a magistrate may orally authorize a peace officer to arrest a person for a
public offense, and thereafter, as soon as practical, an information shall be filed against the person
arrested.

Enacted by Chapter 15, 1980 General Session

77-7-5 Issuance of summons or warrant -- Time and place arrests may be made -- Contents
of warrant or summons -- Responsibility for transporting prisoners -- Court clerk to
dispense costs for transportation.
(1) As used in this section:
(a) "Daytime hours" means the hours after 6 a.m. and before 10 p.m.
(b) "Nighttime hours" means the hours after 10 p.m. and before 6 a.m.
(2) A magistrate may issue a warrant for arrest in lieu of a summons for the appearance of the
accused only upon finding:
(a) probable cause to believe that the person to be arrested has committed a public offense; and
(b) under the Utah Rules of Criminal Procedure, and this section that a warrant is necessary to:
(i) prevent risk of injury to a person or property;
(ii) secure the appearance of the accused; or
(iii) protect the public safety and welfare of the community or an individual.
(3) If the offense charged is:
(a) a felony, the arrest upon a warrant may be made at any time of the day or night; or
(b) a misdemeanor, the arrest upon a warrant may be made during nighttime hours only if:
(i) the magistrate has endorsed authorization to do so on the warrant;
(ii) the person to be arrested is upon a public highway, in a public place, or in a place open to or
accessible to the public; or
(iii) the person to be arrested is encountered by a peace officer in the regular course of that
peace officer's investigation of a criminal offense unrelated to the misdemeanor warrant for
arrest.
(4)
(a) If the magistrate determines that the accused must appear in court, the magistrate shall
include in the arrest warrant the name of the law enforcement agency in the county or
municipality with jurisdiction over the offense charged.
(b)
(i) The law enforcement agency identified by the magistrate under Subsection (4)(a) is
responsible for providing inter-county transportation of the defendant, if necessary, from the
arresting law enforcement agency to the court site.
(ii) The law enforcement agency named on the warrant may contract with another law
enforcement agency to have a defendant transported.
(c)
(i) The law enforcement agency identified by the magistrate under Subsection (4)(a) as
responsible for transporting the defendant shall provide to the court clerk of the court
in which the defendant is tried, an affidavit stating that the defendant was transported,
indicating the law enforcement agency responsible for the transportation, and stating the
number of miles the defendant was transported.
(ii) The court clerk shall:

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(A) account for a cost paid under Subsection 76-3-201(4)(b) for government transportation;
and
(B) dispense money collected by the court under Subsection (4)(c)(ii)(A) to the law
enforcement agency responsible for the transportation of a convicted defendant.
(5) The law enforcement agency identified by the magistrate under Subsection (4)(a) shall indicate
to the court within 48 hours of the issuance, excluding Saturdays, Sundays, and legal holidays
if a warrant issued in accordance with this section is an extradition warrant.
(6) The law enforcement agency identified by the magistrate under Subsection (4)(a) shall report
any changes to the status of a warrant issued in accordance with this section to the Bureau of
Criminal Identification.

Amended by Chapter 131, 2022 General Session

77-7-6 Manner of making arrest.

(1) The person making the arrest shall inform the person being arrested of his intention, cause, and
authority to arrest him. Such notice shall not be required when:
(a) there is reason to believe the notice will endanger the life or safety of the officer or another
person or will likely enable the party being arrested to escape;
(b) the person being arrested is actually engaged in the commission of, or an attempt to commit,
an offense; or
(c) the person being arrested is pursued immediately after the commission of an offense or an
escape.
(2)
(a) If a deaf or hard of hearing person, as defined in Subsection 78B-1-201(2), is arrested for
an alleged violation of a criminal law, including a local ordinance, the arresting officer shall
assess the communicative abilities of the deaf or hard of hearing person and conduct this
notification, and any further notifications of rights, warnings, interrogations, or taking of
statements, in a manner that accurately and effectively communicates with the deaf or hard
of hearing person, including qualified interpreters, lip reading, pen and paper, typewriters,
computers with print-out capability, and telecommunications devices for the deaf.
(b) Compliance with this Subsection (2) is a factor to be considered by any court when evaluating
whether statements of a deaf or hard of hearing person were made knowingly, voluntarily,
and intelligently.

Amended by Chapter 43, 2017 General Session

77-7-7 Force in making arrest.

If a person is being arrested and flees or forcibly resists after being informed of the intention to
make the arrest, the person arresting may use reasonable force to effect the arrest. Deadly force
may be used only as provided in Section 76-2-404.

Enacted by Chapter 15, 1980 General Session

77-7-8 Forcible entry to conduct search or make arrest -- Conditions requiring a warrant.
(1) As used in this section:
(a) "Daytime hours" means the same as that term is defined in Section 77-7-5.
(b) "Forcible entry" means entering any building, room, conveyance, compartment, or other
enclosure by force.

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(c) "Knock" means to knock with reasonably strong force in a quick succession of three or more
contacts with a door or other point of entry into a building that would allow the occupant to
reasonably hear the officer's demand for entry.
(d) "Knock and announce warrant" means a lawful search warrant that authorizes entry into
a building after knocking and demanding entry onto property or building as outlined in
Subsection (2).
(e) "Nighttime hours" means the same as that term is defined in Section 77-7-5.
(f) "Supervisory official" means a command-level officer and includes all sheriffs, heads of law
enforcement agencies, and all supervisory enforcement officers equivalent to a sergeant rank
or higher.
(2)
(a) Subject to the provisions of this subsection, an officer when making a lawful arrest or serving
a lawful knock and announce warrant, may make forcible entry where the person to be
arrested is located, or where there is probable cause for believing the person to be.
(b) Before making the forcible entry, the officer shall:
(i) wear readily identifiable markings, including a badge and vest or clothing with a
distinguishing label or other writing which identifies the person as a law enforcement officer;
(ii) audibly identify himself or herself as a law enforcement officer;
(iii) knock and demand admission more than once;
(iv) wait a reasonable period of time for an occupant to admit access after knocking and
demanding admission; and
(v) explain the purpose for which admission is desired.
(c)
(i) The officer need not knock, give a demand and explanation, or identify himself or herself,
before making a forcible entry:
(A) under the exceptions in Section 77-7-6;
(B) where there is probable cause to believe exigent circumstances exist due to the
destruction of evidence; or
(C) there is reasonable suspicion to believe exigent circumstances exist due to the physical
safety of an officer or individual inside or in near proximity to the building.
(ii) The officer shall identify himself or herself and state the purpose for entering the premises
as soon as practicable after entering the premises.
(d) The officer may use only that force which is reasonable and necessary to effectuate forcible
entry under this section.
(3) Subject to Subsection (4), if the building to be entered under Subsection (2) appears to be
a private residence or the officer knows the building is a private residence, and if there is no
consent to enter or there are no exigent circumstances, the officer shall, before entering the
building:
(a) obtain an arrest or search warrant if the building is the residence of the person to be arrested;
or
(b) obtain a search warrant if the building is a residence, but not the residence of the person
whose arrest is sought.
(4) Before seeking a warrant from a judge or magistrate under Subsection (2), a supervisory official
shall, using the officer's affidavit:
(a) independently perform an assessment to evaluate the totality of the circumstances;
(b) ensure reasonable intelligence gathering efforts have been made;
(c) ensure a threat assessment was completed on the person or building to be searched; and

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(d) determine either that there is a sufficient basis to support seeking a warrant or require that the
officer continue evidence gathering efforts.
(5) Notwithstanding any other provision of this chapter, forcible entry under this section may not be
made solely for the alleged:
(a) possession or use of a controlled substance under Section 58-37-8; or
(b) the possession of drug paraphernalia as defined in Section 58-37a-3.
(6) All arrest warrants are subject to the conditions set forth in Subsection 77-7-5(2).
(7) Unless specifically requested by the affiant and approved by a judge or magistrate, all knock
and announce warrants shall be served during daytime hours.

Amended by Chapter 131, 2022 General Session

77-7-8.1 Forcible entry to conduct a search -- Conditions requiring a warrant -- No-knock

warrants.
(1) As used in this section:
(a) "Daytime hours" means the same as that term is defined in Section 77-7-5.
(b) "Forcible entry" means the same as that term is defined in Section 77-7-8.
(c) "Nighttime hours" means the same as that term is defined in Section 77-7-5.
(d) "No-knock warrant" means a lawful search warrant that authorizes entry into a building
without notice to any occupant in the property or building at the time of service.
(e) "Supervisory official" means the same as that term is defined in Section 77-7-8.
(2) Subject to the provisions of this section, an officer serving a lawful no-knock warrant may make
a forcible entry onto the property or building to be searched without notice.
(3) Before seeking a no-knock warrant from a judge or magistrate under Subsection (2), a
supervisory official shall, using the officer's affidavit:
(a) independently perform an assessment to evaluate the totality of the circumstances;
(b) ensure reasonable intelligence gathering efforts have been made;
(c) ensure a threat assessment was completed on the person or building to be searched; and
(d) determine either that there is a sufficient basis to support seeking a warrant or require that the
officer continue evidence gathering efforts.
(4)
(a) The affidavit for a no-knock warrant shall describe:
(i) why the officer believes the suspect is unable to be detained or the residence searched
using less invasive or less confrontational methods;
(ii) investigative activities that have been undertaken to ensure that the correct building is
identified and that potential harm to innocent third parties, the building, and officers may be
minimized; or
(iii) the present or imminent threat of serious bodily injury or death to a person inside, outside,
or in near proximity to the building.
(b) A no-knock warrant shall be served during daytime hours unless the affidavit states sufficient
grounds to believe a search is necessary during nighttime hours.
(5) Upon serving a no-knock warrant, an officer shall wear readily identifiable markings, including
a badge and vest or clothing with a distinguishing label or other writing which shows that the
person is a law enforcement officer.
(6) Notwithstanding any other provision of this chapter, an officer may not request a no-knock
warrant if the warrant is solely for a misdemeanor investigation.

Enacted by Chapter 131, 2022 General Session

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77-7-8.5 Use of tactical groups -- Reporting requirements.

(1) As used in this section:
(a)
(i) "Reportable incident" means:
(A) the deployment of a tactical group; or
(B) law enforcement officers who serve a search warrant after using forcible entry.
(ii) "Reportable incident" does not mean a forced cell entry at a corrections facility.
(b) "Tactical group" means a special unit, within a law enforcement agency, specifically trained
and equipped to respond to critical, high-risk situations.
(2) On and after January 1, 2015, every state, county, municipal, or other law enforcement agency
shall annually on or before April 30 report to the Commission on Criminal and Juvenile Justice
the following information for the previous calendar year:
(a) whether the law enforcement agency conducted one or more reportable incidents;
(b) the following information regarding each reportable incident:
(i) the organizational title of the agency, task force, or tactical group deployed;
(ii) the city, county, and zip code of the location where the reportable incident occurred;
(iii) the reason for the deployment;
(iv) the type of warrant obtained, if any;
(v) if a threat assessment was completed;
(vi) if a warrant was obtained, the name of the judge or magistrate who authorized the warrant;
(vii) the number of arrests made, if any;
(viii) if any evidence was seized;
(ix) if any property was seized, other than property that was seized as evidence;
(x) if a forcible entry was made;
(xi) if a firearm was discharged by a law enforcement officer, and, if so, approximately how
many shots were fired by each officer;
(xii) if a weapon was brandished by a person other than the law enforcement officers;
(xiii) if a weapon was used by a person against the law enforcement officers and, if a firearm
was used, the number or approximate number of shots fired by the person;
(xiv) the identity of any law enforcement agencies that participated or provided resources for
the deployment;
(xv) if a person or domestic animal was injured or killed by a law enforcement officer; and
(xvi) if a law enforcement officer was injured or killed; and
(c) the number of arrest warrants served that required a forced entry as provided by Section
77-7-8 and were not served in conjunction with a search warrant that resulted in a reportable
incident.
(3) If a warrant is served by a multijurisdictional team of law enforcement officers, the reporting
requirement in this section shall be the responsibility of the commanding agency or governing
authority of the multijurisdictional team.
(4) The Commission on Criminal and Juvenile Justice shall develop a standardized format that
each law enforcement agency shall use in reporting the data required in Subsection (2).
(5) A law enforcement agency shall:
(a) compile the data described in Subsection (2) for each year as a report in the format required
under Subsection (4); and
(b) submit the report to:
(i) the Commission on Criminal and Juvenile Justice; and
(ii) the local governing body of the jurisdiction served by the law enforcement agency.

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(6)
(a) The Commission on Criminal and Juvenile Justice shall summarize the yearly reports of law
enforcement agencies submitted under Subsection (2).
(b) Before August 1 of each year, the Commission on Criminal and Juvenile Justice shall submit
a report of the summaries described in Subsection (6)(a) to:
(i) the attorney general;
(ii) the speaker of the House of Representatives, for referral to any house standing or interim
committees with oversight of law enforcement and criminal justice;
(iii) the president of the Senate, for referral to any senate standing or interim committees with
oversight of law enforcement and criminal justice; and
(iv) each law enforcement agency.
(c) The report described in Subsection (6)(b) shall be published on the Utah Open Government
website, open.utah.gov, before August 15 of each year.
(7)
(a) If a law enforcement agency fails to comply with the reporting requirements listed in
Subsection (2), the Commission on Criminal and Juvenile Justice shall contact the law
enforcement agency and request that the agency comply with the required reporting
provisions.
(b) If a law enforcement agency fails to comply with the reporting requirements listed in
Subsection (2) within 30 days after being contacted by the Commission on Criminal and
Juvenile Justice with a request to comply, the Commission on Criminal and Juvenile
Justice shall report the noncompliance to the attorney general, the speaker of the House of
Representatives, and the president of the Senate.

Enacted by Chapter 106, 2014 General Session

77-7-9 Weapons may be taken from prisoner.

Any person making an arrest may seize from the person arrested all weapons which he may
have on or about his person.

Enacted by Chapter 15, 1980 General Session

77-7-10 Telegraph or telephone authorization of execution of arrest warrant.

Any magistrate may, by an endorsement on a warrant of arrest, authorize by telegraph,
telephone or other reasonable means, its execution. A copy of the warrant or notice of its
issuance and terms may be sent to one or more peace officers. The copy or notice communicated
authorizes the officer to proceed in the same manner under it as if he had an original warrant.

Enacted by Chapter 15, 1980 General Session

77-7-11 Possession of warrant by arresting officer not required.

Any peace officer who has knowledge of an outstanding warrant of arrest may arrest a person
he reasonably believes to be the person described in the warrant, without the peace officer having
physical possession of the warrant.

Enacted by Chapter 15, 1980 General Session

77-7-12 Detaining persons suspected of shoplifting or library theft -- Persons authorized.

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(1) A peace officer, merchant, or merchant's employee, servant, or agent who has reasonable
grounds to believe that goods held or displayed for sale by the merchant have been taken by a
person with intent to steal may, for the purpose of investigating the unlawful act and attempting
to effect a recovery of the goods, detain the person in a reasonable manner for a reasonable
length of time.
(2) A peace officer or employee of a library may detain a person for the purposes and under the
limits of Subsection (1) if there are reasonable grounds to believe the person violated Title 76,
Chapter 6, Part 8, Library Theft.

Amended by Chapter 245, 1987 General Session

77-7-13 Arrest without warrant by peace officer -- Reasonable grounds, what constitutes --
Exemption from civil or criminal liability.
(1) A peace officer may arrest, without warrant, any person the officer has reasonable ground to
believe has committed a theft under Title 76, Chapter 6, Part 8, Library Theft, or of goods held
or displayed for sale.
(2) A charge of theft made to a peace officer under Title 76, Chapter 6, Part 8, Library Theft, by an
employee of a library, or by a merchant, merchant's employee, servant, or agent constitutes a
reasonable ground for arrest, and the peace officer is relieved from any civil or criminal liability.

Amended by Chapter 282, 1998 General Session

77-7-14 Person causing detention or arrest of person suspected of shoplifting or library

theft -- Civil and criminal immunity.
(1) A peace officer, merchant, or merchant's employee, servant, or agent who causes the detention
of a person as provided in Section 77-7-12, or who causes the arrest of a person for theft of
goods held or displayed for sale, is not criminally or civilly liable where he has reasonable and
probable cause to believe the person detained or arrested committed a theft of goods held or
displayed for sale.
(2) A peace officer or employee of a library who causes a detention or arrest of a person under
Title 76, Chapter 6, Part 8, Library Theft, is not criminally or civilly liable where he has
reasonable and probable cause to believe that the person committed a theft of library materials.

Amended by Chapter 245, 1987 General Session

77-7-15 Authority of peace officer to stop and question suspect -- Grounds.

A peace officer may stop any individual in a public place when the officer has a reasonable
suspicion to believe the individual has committed or is in the act of committing or is attempting to
commit a public offense and may demand the individual's name, address, date of birth, and an
explanation of the individual's actions.

Amended by Chapter 411, 2019 General Session

77-7-16 Authority of peace officer to frisk suspect for dangerous weapon -- Grounds.
A peace officer who has stopped a person temporarily for questioning may frisk the person for a
dangerous weapon if he reasonably believes he or any other person is in danger.

Enacted by Chapter 15, 1980 General Session

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77-7-17 Authority of peace officer to take possession of weapons.

A peace officer who finds a dangerous weapon pursuant to a frisk may take and keep it until the
completion of the questioning, at which time he shall either return it if lawfully possessed, or arrest
such person.

Enacted by Chapter 15, 1980 General Session

77-7-17.5 Physical body cavity search policy -- Requirements.

(1) As used in this section:
(a) "Arrestee" means an individual who is in the custody of law enforcement for an offense for
which the individual has not been convicted.
(b)
(i) "Body cavity" includes the anus, rectum, vagina, esophagus, or stomach.
(ii) "Body cavity" does not include the mouth, ear canal, or nasal passages.
(c)
(i) "Physical body cavity search" means a search of a body cavity of an individual that involves
touching the individual with:
(A) any part of another individual's body; or
(B) an instrument or other item.
(ii) "Physical body cavity search" does not include a clothed, pat down search.
(2) Each county jail shall adopt and implement a policy that meets the minimum standards
contained in a model policy established by the Commission on Criminal and Juvenile Justice.
(3) The model policy shall specify the minimum standards and procedures to be followed by the
county jail when a body cavity search is performed on an arrestee within the county jail's
jurisdiction, including:
(a) stating with specificity the circumstances under which a body cavity search may be performed
on an arrestee;
(b) designating who may authorize the performance of a body cavity search;
(c) designating specific jail staff or medical personnel who may perform a body cavity search;
(d) requiring any nonmedically trained jail staff who may perform a body cavity search to be
trained on safe practices for conducting a body cavity search;
(e) requiring documentation of each body cavity search performed at the correctional facility,
including:
(i) the identity of the arrestee searched;
(ii) the date, time, and location of the search;
(iii) the identity of the individual performing the search;
(iv) the identity of the individual authorizing the search;
(v) a description of the body areas searched and the procedures followed in performing the
search; and
(vi) the circumstances necessitating the body cavity search; and
(f) designating rules and procedures to be followed, by authorized staff, when performing a body
cavity search that account for the health and privacy interests of the arrestee, including:
(i) the location where a body cavity search must be performed;
(ii) the gender requirements of the individuals who perform or observe the search in relation to
the gender of the arrestee being searched; and
(iii) methods to ensure the body cavity search is conducted with the minimal amount of touching
necessary to effectuate the purposes of the search.

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(4) A county jail's body cavity search policy is a public record.

Enacted by Chapter 462, 2019 General Session

77-7-18 Citation on misdemeanor or infraction charge.

(1) Any person subject to arrest or prosecution on a misdemeanor or infraction charge may be
issued and delivered a citation that requires the person to appear at the court of the magistrate
with territorial jurisdiction.
(2) The following may issue the citation described in Subsection (1):
(a) a peace officer, in lieu of or in addition to taking the person into custody;
(b) any public official of any county or municipality charged with the enforcement of the law;
(c) a port-of-entry agent as defined in Section 72-1-102;
(d) an animal control officer of a county, municipality, or special service district under Title 17D,
Chapter 1, Special Service District Act, who is authorized to provide animal control service;
and
(e) a volunteer authorized to issue a citation under Section 41-6a-217.

Amended by Chapter 379, 2018 General Session

77-7-19 Appearance required by citation -- Arrest for failure to appear -- Transfer of cases --
Disposition of fines and costs.
(1) An individual receiving a citation issued pursuant to Section 77-7-18 shall appear in the court
designated in the citation on or before the time and date specified in the citation unless:
(a) the citation states that the court will, within five to 14 days, notify the individual of when to
appear; or
(b) the individual is permitted to remit the fine and other penalties without a personal appearance
in accordance with a uniform fine schedule adopted by the Judicial Council or by court order
under Section 77-7-21.
(2) A citation may not require an individual to appear or contact the court sooner than five days or
later than 14 days following its issuance.
(3) If the individual cited does not appear before the court as directed by the citation or the court,
or pay the fine as allowed by Section 77-7-21, the court may issue a bench warrant for the
individual's arrest.
(4)
(a) Clerks and other administrative personnel serving the courts shall identify for the judge any
citations over which the court may lack jurisdiction.
(b) Upon determining that the court lacks jurisdiction over a citation, the court shall:
(i) transfer the case to a court with jurisdiction;
(ii) if the court cannot readily identify a court with jurisdiction, dismiss the charges contained in
the citation; and
(iii) notify the prosecutor of the transfer or dismissal.
(c) Any fine, fee, or forfeiture collected by a court that lacks jurisdiction shall be:
(i) transferred to the court receiving the case; or
(ii) if the case is dismissed, returned to the defendant.

Amended by Chapter 185, 2020 General Session

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77-7-20 Service of citation on defendant -- Filing in court -- Electronic filing -- Contents of

citations.
(1) Except as provided in Subsection (4), a peace officer or other authorized official who issues
a citation pursuant to Section 77-7-18 shall give the citation to the individual cited and shall,
within five business days, electronically file the data from Subsections (2)(a) through (2)(h) with
the court specified in the citation. The data transmission shall use the court's electronic filing
interface. A nonconforming filing is not effective.
(2) The citation issued under authority of this chapter shall contain the following data:
(a) the name, address, and phone number of the court before which the individual is to appear;
(b) the name and date of birth of the individual cited;
(c) a brief description of the offense charged;
(d) the date, time, and place at which the offense is alleged to have occurred;
(e) the date on which the citation was issued;
(f) the name of the peace officer or official who issued the citation, and the name of the arresting
individual if a private party made the arrest and the citation was issued in lieu of taking the
arrested individual before a magistrate;
(g) the time and date on or date range during which the individual is to appear or a statement that
the court will notify the individual of the time to appear;
(h) whether the offense is a domestic violence offense; and
(i) a notice containing substantially the following language:
READ CAREFULLY
This citation is not an information and will not be used as an information without your
consent. If an information is filed you will be provided a copy by the court. You MUST appear
in court on or before the time set in this citation or as directed by the court. IF YOU FAIL TO
APPEAR, THE COURT MAY ISSUE A WARRANT FOR YOUR ARREST.
(3) By electronically filing the data with the court, the peace officer or official affirms to the court
that:
(a) the citation or information, including the summons and complaint, was served upon the
defendant in accordance with the law;
(b) the defendant committed the offense described in the served documents; and
(c) the court to which the defendant was directed to appear has jurisdiction over the offense
charged.
(4)
(a) If a citing law enforcement officer is not reasonably able to access the efiling system, the
citation need not be filed electronically if being filed with a justice court.
(b) The court may accept an electronic filing received after five business days if:
(i) the defendant consents to the filing; and
(ii) the court finds the interests of justice would be best served by accepting the filing.

Amended by Chapter 431, 2021 General Session

77-7-21 Proceeding on citation -- Voluntarily remitting a fine -- Parent signature required --

Information, when required.
(1)
(a) A citation filed with the court may, with the consent of the defendant, serve in lieu of an
information to which the defendant may plead guilty or no contest to the charge or charges
listed and be sentenced accordingly.

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(b) If provided by the uniform fine schedule described in Section 76-3-301.5, or with the court's
approval, an individual may remit the fine and other penalties without a personal appearance
before the court in any case charging a class B misdemeanor or lower offense, unless the
charge is:
(i) a domestic violence offense as defined in Section 77-36-1;
(ii) a violation of Section 41-6a-502, driving under the influence of alcohol, drugs, or a
combination of both or with specified or unsafe blood alcohol concentration;
(iii) a violation of Section 41-6a-517, driving with any measurable controlled substance in the
body;
(iv) a violation of a local ordinance similar to the offenses described in Subsections (1)(b)(i)
through (iii); or
(v) a violation that appears to:
(A) affect a victim, as defined in Section 77-38b-102; or
(B) require restitution, as defined in Section 77-38b-102.
(c) The remittal of fines and other penalties shall be entered as a conviction and treated the same
as if the accused pleaded no contest.
(d) If the person cited is under 18 years old, the court shall promptly mail a copy or notice of the
citation to the address as shown on the citation, to the attention of the parent or guardian of
the defendant.
(2) If the individual pleads not guilty to the offense charged, further proceedings shall be held in
accordance with the Rules of Criminal Procedure and all other applicable provisions of this
code.

Amended by Chapter 260, 2021 General Session

Amended by Chapter 431, 2021 General Session

77-7-23 Delivery of prisoner arrested without warrant to magistrate -- Transfer to court with
jurisdiction -- Transfer of duties -- Violation as misdemeanor.
(1)
(a) When an arrest is made without a warrant by a peace officer or private person, the person
arrested shall be taken without unnecessary delay to the magistrate in the district court,
the precinct of the county, or the municipality in which the offense occurred, except under
Subsection (2). An information stating the charge against the person shall be made before
the magistrate.
(b) If the justice court judge of the precinct or municipality or the district court judge is not
available, the arrested person shall be taken before the magistrate within the same county
who is nearest to the scene of the alleged offense or nearest to the jail under Subsection
(2), who may act as committing magistrate for arraigning the accused, setting bail, or issuing
warrants.
(2)
(a) If the arrested person under Subsection (1) must be transported from jail to a magistrate,
the person may be taken before the magistrate nearest to the jail rather than the magistrate
specified in Subsection (1) for arraignment, setting bail, or issuing warrants.
(b) The case shall then be transferred to the court having jurisdiction.
(3) If a jail accepts custody of a person arrested under Subsection (1), the duties under this section
of the peace officer or private person who makes the arrest are transferred to the jail and the
jail's personnel.
(4) This section does not confer jurisdiction upon a court unless otherwise provided by law.

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(5) Any officer or person violating this section is guilty of a class B misdemeanor.

Amended by Chapter 140, 2018 General Session

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

Renumbered and Amended by Chapter 2, 2005 General Session

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.

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(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

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

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

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