SB 156

 Enrolled Copy  S.B. 156
1Constable Amendments
                                       2026 GENERAL SESSION
                                            STATE OF UTAH
                                     Chief Sponsor: Todd Weiler
                                   House Sponsor: Andrew Stoddard
2
3  LONG TITLE
4  General Description:
5      This bill allows a constable to establish a payment schedule with an individual instead of
6  seizing the individual's property, under certain circumstances.
7  Highlighted Provisions:
8      This bill:
9      ▸ allows a constable to establish a payment schedule with an individual instead of seizing
10  the individual's property, under certain circumstances; and
11      ▸ makes technical and conforming changes.
12  Money Appropriated in this Bill:
13      None
14  Other Special Clauses:
15      None
16  Utah Code Sections Affected:
17  AMENDS:
18      17-78-603, as renumbered and amended by Laws of Utah 2025, First Special Session,
19      Chapter 14
20
21  Be it enacted by the Legislature of the state of Utah:
22Section 1. Section 17-78-603 is amended to read:
2317-78-603 . Term -- Authority -- Deputies.
24  (1)(a) Constables appointed by a county are appointed for terms of six years and may
25      serve more than one term if reappointed by the appointing body.
26      (b) Notwithstanding the law in place at the time a constable was appointed, the term of a
27constable appointed on or after July 1, 2018, expires six years after the day on which
28the term began.
 S.B. 156  Enrolled Copy
29   (2)(a) Appointed constables serving process outside the county in which they are
30appointed shall contact the sheriff's office or police department of the jurisdiction
31before serving executions or seizing any property.
32(b) An appointed constable or a deputy of an appointed constable shall notify the agency
33of jurisdiction by contacting the sheriff's office or police department of jurisdiction
34before serving a warrant of arrest.
35   (3) The appointed constable may, upon approval of the appointing county, employ and
36deputize persons who are certified as special function peace officers to function as
37deputy constables.
38   (4) If the county legislative body withdraws the authority of an appointed constable, the
39authority of all deputy constables employed or deputized by the appointed constable is
40also withdrawn.
41   (5) If the authority of a constable or deputy constable is withdrawn under Subsection (4),
42the county shall notify the Peace Officer Standards and Training Division of the
43Department of Public Safety in accordance with Section 53-6-209.
44   (6) A constable, contracted or appointed, shall:
45(a) attend the justice courts within the constable's county when required by contract or
46court order; and
47(b) execute, serve, and return all process directed or delivered to the constable by a judge
48of the justice court serving the county, or by any competent authority within the
49limits of this section.
50   (7) A constable, contracted or appointed, may:
51(a) serve any process throughout the state;[ and]
52(b) with the approval of a party directing the constable to seize an individual's property,
53establish a payment schedule with the individual in lieu of seizing the individual's
54property; and
55[(b)] (c) carry out all other functions associated with a constable.
56   (8) A constable shall serve exclusively as an agent for:
57(a) the government entity that has a contract with the constable;
58(b) the county that appointed the constable; or
59(c) the court authorizing or directing the constable.
60   (9) Except as otherwise provided in this part, a constable may not serve as an agent, or be
61considered to be serving as an agent, for a person that is not described in Subsection (8).
62Section 2. Effective Date.
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 Enrolled Copy  S.B. 156
63  This bill takes effect on May 6, 2026.
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