To track the status of this bill, find it on our Legislation Tracker. Click here to contact the sponsor of the bill to share your thoughts, or click here to email your Senator and Representative about it.
Libertas Institute supports this bill
When someone gets arrested and booked into jail, but then is released—either because prosecutors missed their deadline to file charges or because a judge ordered their release—what should happen next when charges are finally filed? Should police issue an arrest warrant to haul that person back into custody, or should they simply send a summons asking them to come to court? SB 301, sponsored by Senator Pitcher, strengthens Utah law to prefer the less coercive option.
The bill makes two important changes. First, it adds a new category to the existing presumption against arrest warrants: when a judge has already decided someone should be released from jail pending trial, prosecutors can’t simply turn around and get a warrant to re-arrest them. Second, it raises the bar for what counts as a “good faith effort” to serve a summons. Before claiming they can’t find someone, prosecutors must now try reaching out through the person’s attorney if one is known. These requirements force prosecutors to exhaust reasonable alternatives before resorting to arrest.
Libertas supports SB 301 because it protects people from the disruption and harm of unnecessary arrest. Getting arrested—even when you’re completely innocent—can mean losing a job, missing rent payments, or having your children placed in emergency care. When a less coercive option like a summons can accomplish the same goal of getting someone to court, government should use it. This bill strengthens existing protections and ensures that when someone has already been released from jail—whether by prosecutorial delay or judicial order—they aren’t subjected to re-arrest without genuine justification.
