HB 92: Private Individual Force and Detention Amendments - Utah

Substitute #2 → Enrolled · 5 edits · Mar 25, 2025

MODERATE

This bill updates Utah laws regarding when private citizens can use force or detain others, replacing the term 'arrest' with 'temporary detention' to clarify that private individuals are not law enforcement. It adds a new statute allowing the use of reasonable force during a lawful temporary detention if the person resists, and it limits liability for private citizens acting in good faith unless they were grossly or criminally negligent. The bill also coordinates with another bill to ensure consistent rules for private detentions.

Scope change

The scope shifted from allowing private citizens to make 'arrests' (which implies law enforcement authority) to allowing them to make 'temporary detentions' pending law enforcement arrival, with specific rules on when deadly force is permitted.

DEFINITION

Replaced the term 'arrest' with 'temporary detention' in statutes governing private citizens to reflect that they are not law enforcement officers.

REQUIREMENT

Added a requirement that a private individual must immediately contact law enforcement after detaining someone, unless someone else has already called.

ENFORCEMENT

Created a new statute allowing private individuals to use reasonable force if the detained person flees or resists, provided the detention was lawful.

ELIGIBILITY

Modified liability rules to protect private citizens from civil or criminal penalties if they act in good faith, except in cases of gross or criminal negligence.

TIMELINE

Added a coordination clause ensuring that changes to detention laws in this bill take precedence over conflicting changes in another bill (S.B. 79).

Introduced → Substitute #1 · 4 edits

MODERATE

The bill was expanded from a private detention amendment to a comprehensive private force and detention package. It now explicitly allows private individuals to use reasonable force during a lawful detention and clarifies liability standards. The scope was broadened to include new provisions on property defense and a coordination clause to resolve conflicts with another bill.

Scope change

The bill's scope expanded from solely regulating private detention to also covering the use of force by private individuals and defense of property.

ENFORCEMENT

Added a new statute (77-7-7.1) explicitly authorizing private individuals to use reasonable force if a detainee flees or resists after being informed of the detention.

REQUIREMENT

Modified liability rules to specify that private individuals are not subject to criminal prosecution unless they acted with criminal negligence, in addition to civil liability rules.

SCOPE

Added a coordination clause to ensure this bill's changes to detention laws supersede conflicting changes in a companion bill (S.B. 79).

Added new provisions regarding the use of force to defend real or personal property from criminal interference.

Substitute #1 → Substitute #2 · 6 edits

MODERATE

This bill replaces the term 'arrest' with 'temporary detention' for private citizens, clarifies that private individuals must contact law enforcement immediately after detaining someone, and creates a new statute specifically governing the use of force during private detentions. The changes aim to provide clearer legal protections for private citizens while ensuring they don't exceed their authority.

Scope change

The bill expands clarity on when private citizens can use force and detains individuals, shifting from 'arrest' terminology to 'temporary detention' to better reflect the limited authority of private citizens compared to law enforcement.

DEFINITION

Replaced the term 'arrest' with 'temporary detention' throughout the bill to accurately reflect that private citizens have limited authority compared to law enforcement officers.

REQUIREMENT

Added a new statute (Section 77-7-7.1) specifically governing when private individuals may use force during a temporary detention.

Modified Section 77-7-3 to require private individuals to immediately contact law enforcement after detaining someone, with an exception if law enforcement has already been contacted.

ENFORCEMENT

Amended Section 76-2-403 to clarify that force may be used to effect an arrest or temporary detention, distinguishing between law enforcement arrests and private detentions.

SCOPE

Updated Section 76-2-406 to clarify when force may be used in defense of property, including property the actor reasonably believes belongs to another person.

TIMELINE

Added a coordination clause stating that amendments to Section 77-7-3 in this bill will supersede any conflicting amendments in S.B. 79 if both become law.

Private Individual Force and Detention Amendments

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