Bill Summary – FastDemocracy

Enrolled Copy                                                                      H.B. 124
                      FORCIBLE ENTRY WARRANT MODIFICATIONS
                                       2022 GENERAL SESSION
                                           STATE OF UTAH
                                 Chief Sponsor: Matthew H. Gwynn
                                  Senate Sponsor: Kirk A. Cullimore
 Cosponsors:                           Karianne Lisonbee Andrew Stoddard
 Walt Brooks Jefferson Moss Stephen L. Whyte
 Jefferson S. Burton Stephanie Pitcher Ryan D. Wilcox
 Joel Ferry Angela Romero
 Sandra Hollins Mike Schultz Marsha Judkins
11
 LONG TITLE
 General Description:
        This bill provides parameters for knock and announce, and no-knock warrants and
 specifies the conditions under which they may be acquired and used.
 Highlighted Provisions:
        This bill:
        < defines terms;
        < requires officers serving knock and announce and no-knock warrants to wear readily
 identifiable markings or clothing that identify them as law enforcement officers;
        < requires that officers knock and announce themselves more than once before
 forcibly entering a building;
        < sets a preference for warrants to be served during daytime hours;
        < allows for exigent circumstances when serving knock and announce warrants;
        < prohibits the use of no-knock warrants for misdemeanor charges; and
        < makes technical corrections.
 Money Appropriated in this Bill:
       H.B. 124                                                                     Enrolled Copy
        None
 Other Special Clauses:
        None
 Utah Code Sections Affected:
 AMENDS:
        77-7-5, as last amended by Laws of Utah 2021, Chapter 260
        77-7-8, as last amended by Laws of Utah 2015, Chapter 317
 ENACTS:
        77-7-8.1, Utah Code Annotated 1953
37
 Be it enacted by the Legislature of the state of Utah:
        Section 1. Section 77-7-5 is amended to read:
        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.
        [(1)] (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.
        [(2)] (3) If the offense charged is:
                                                     -2-
       Enrolled Copy                                                                             H.B. 124
           (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 [can] may be made [at night] 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.
           [(3) For the purpose of Subsection (1):]
           [(a) daytime hours are the hours of 6 a.m. to 10 p.m.; and]
           [(b) nighttime hours are the hours after 10 p.m. and before 6 a.m.]
           (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:
           (A) account for a cost paid under Subsection 76-3-201(4)(b) for government
 transportation; and
                                                       -3-
        H.B. 124                                                                       Enrolled Copy
        (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.
        Section 2. Section 77-7-8 is amended to read:
        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.
        (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.
        [(1)] (2) (a) Subject to [Subsection (2), a peace] the provisions of this subsection, an
 officer when making [an arrest may forcibly enter the building in which] a lawful arrest or
 serving a lawful knock and announce warrant, may make forcible entry where the person to be
                                                      -4-
        Enrolled Copy                                                                              H.B. 124
 arrested is located, or [in which] 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;
        [(i)] (ii) audibly identify himself or herself as a law enforcement officer;
        [(ii)] (iii) knock and demand admission more than once;
        [(iii)] (iv) wait a reasonable period of time for an occupant to admit access after
 knocking and demanding admission; and
        [(iv)] (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 [or];
        (B) where there is probable cause to believe [evidence will be easily or quickly
 destroyed.] 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.
        [(2)] (3) [If] Subject to Subsection (4), if the building to be entered under Subsection
 [(1)] (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.
                                                      -5-
        H.B. 124                                                                        Enrolled Copy
         (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
         (d) determine either that there is a sufficient basis to support seeking a warrant or
 require that the officer continue evidence gathering efforts.
         [(3)] (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.
         Section 3. Section 77-7-8.1 is enacted to read:
         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
                                                        -6-
        Enrolled Copy                                                                           H.B. 124
 (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.
                                                         -7-
Statutes affected: 
Introduced: 77-7-5, 77-7-8
Amended: 77-7-5, 77-7-8
Enrolled: 77-7-5, 77-7-8