S.B. 301 Summons Amendments: transcript

Thank you, Mr. Chair. Oh, wait, wait one second. Sorry. I apologize. Got it. Okay. Thank you. Thank you Mr. Chair. Uh, SB 3 0 1 deals with, uh, when a summons is issued in a a criminal case, there are certain instances where an individual can be arrested on, uh, an allegation or an offense. Um, and prosecutors have a certain amount of time to, to file charges. But in the meantime, that case will go, if they're arrested, the case will go to a magistrate for a 24, uh, a PC review, 24 hour PC review is what it's called, probable cause review. And that magistrate will make a de a determination about release, release on conditions or hold without bail. Uh, what this bill does is it says that if a magistrate has reviewed the case and has determined that the individual should be released, um, and no nothing else has changed. When the prosecutor files their charges, they should start by issuing a summons before they defer to a warrant. At that time, once a summons has been issued, they can then readdress the issue of, of pretrial conditions. Um, so it's a little, uh, may maybe wonky in terms of procedure, but I think this is the right approach. Otherwise, what ends up happening is a magistrate is, is reviewed. The, uh, probable cause statement made a determination. It gives the prosecutor sort of a second bite at the apple. I will note, uh, for the committee's benefit that I have been talking with swap and I know that they have, um, some certain small changes that I'm, I'm willing to make. But for timing purposes, I my ask today when it's appropriate, Mr. Chair is, uh, I'm hoping to get the committee's support and, uh, we'll just share that there may be a couple small changes before we get to the floor. So that concludes my presentation,

Yeah. So I will admit that I've, I've heard of this issue for a while and probably started to see it myself when I became a defense attorney. But the issue we're trying to solve is individuals who are arrested on an offense, um, prosecutors don't file the case in, in time as in, uh, within the four days, uh, before, uh, release occurs. So they're released, a judge says it's appropriate to release them, they've been out on pretrial conditions for months, and then prosecutors eventually file charges and they're requesting a warrant. Well, a warrant is very disruptive to an individual, disrupts their work, their family life, schooling. Um, and there's not necess if a judge has already stated that this individual can be released based on the information that was previously presented, and that exact same information is being presented when the case is finally filed. My position is that I don't think a warrant is necessary at the get go. I think we can start by issuing a summons, meaning you send them a notice, you've got court, we need you to show up. Um, so the problem to your question that I'm trying to solve is disrupting these individuals' lives by taking them into custody when nothing has changed from the time they were arrested and released to the time where pro where charges are finally filed. Now the bill does state that if things have changed, then a warrant would be appropriate.

Thank you Mr. Chairman, members of the committee. Carl Hans Statewide Association of Prosecutors, uh, we wanna thank the sponsor for bringing this bill. She brought this bill. Uh, we initially had a few concerns. She was great working with us, um, and, and, and addressing our concerns. Um, and she's gotten this pla this bill to a place where, uh, we're in support. So I just wanna express our support.

Yeah, I just wanted to, so what you're saying is, uh, is this

So what you're saying is, um, you were willing to negotiate a bill?

Yes, that's correct. Mr. Center. Okay.

I was just making sure. Thanks. Yes. I wish Todd was here. Mr. Center, we've actually, I think, worked with, uh, the good sponsor on multiple of her bills that are on the agenda for today.

Yeah, thanks. That's true.

Thank you. I'll move that we, uh, favorably recommend Senate Bill 3 0 1 to the full body of the Senate. That motion is in order. I'll place that the motion is to favorably recommend SB 3 0 1 summons amendments.

I'll waive. Thank

This bill ensures that an individual who's been arrested and then released by a magistrate receives a summons, um, once the case is finally uh, filed by prosecutors assuming no changes have occurred. Um, it also ensures that the prosecuting attorney, if they don't know of an individual's, address that that, uh, attorney check with any counsel of record before requesting a warrant, assuming there's no other, um, circumstances present for requesting that, I'm happy to answer any questions.

Senator Vickers Baldy Aye. Lewin Bramer bus Comore Escamilla Fillmore Grover Harper Kinins Aye. Ipson Johnson. K Juab McKay Aye. Mikel Milner Musselman Owens pitcher I read Alum Aye. Rebe Sandal Stevenson a Stratton Aye. Vickers Weiler Aye. Wilson. Aye. Winterton President Adams Aye. Senate Bill 3 0 1 Having received 27 a votes zero. A votes two being absent shall be read a third time.

Senator Sandall. Thank you. Motion to, uh, circle. We'll run this bill a little later. Motion to circle, uh, again, we'll hear these bills tomorrow.

Senator Sandall. Motion to circle. Motion to circle.

Thank you Mr. President.

Thank you Mr. President. Uh, this bill provides more direction about when a warrant can be issued following an arrest and then a release from incarceration and then eventual, uh, charges being filed. It states that a prosecutor should start with a summons if no circumstances have changed since the time in which a judge, uh, felt that a release was appropriate. It also asks, um, prosecutors to work with defense attorneys in attempting to get an individual's address to serve that summons. I'm happy to answer any questions. Thank you. I apologize. I do also have an amendment that I need to move.

Yes. This is some additional, uh, this is some consensus language be between prosecutors and defense attorneys regarding this process. It allows, um, prosecutors to request a warrant within seven days of the release from custody, um, if they find that there is, uh, reason to do so.

Does. Do we

Thank you Mr. President. I move that Senate Bill 3 0 1 pass.