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Bill Summary · SB 156

Overview

Senate Bill 156 (SB 156) from the Utah 2026 General Session, titled Constable Amendments, proposes a new option for constables: instead of seizing a person's property to satisfy certain judgments or processes, a constable could establish a payment schedule with the individual, under specified conditions. The bill also includes technical and conforming changes.

Main purpose and intent

  • Expand the tools available to constables by allowing a payment-plan alternative to property seizure when directed to seize an individual’s property.
  • Clarify authority, duties, and relationships between constables, their counties, and the courts or contracting government entities.

Key provisions and changes

  • Section 17-78-603 (Term -- Authority -- Deputies):

    • Term and appointment details for constables (six-year terms; post-2018 appointments have a six-year term from the start date).
    • If constables operate outside their home county, they must contact the jurisdiction’s sheriff or police department before serving executions or seizing property.
    • Requires notification to jurisdictional authorities before serving warrants of arrest.
    • Allows appointing counties to approve employing/deputizing certified special function peace officers as deputy constables.
    • If a county withdraws a constable’s authority, it also withdraws authority for any deputy constables employed or deputized by that constable.
    • Requires notifying the Peace Officer Standards and Training Division if authority is withdrawn.
    • Constables must attend justice courts within their county when required and execute/return process as directed by the court.
    • New or amended authority:
    • A constable may serve any process in the state.
    • (New in this bill) With the approval of a directing party, a constable may establish a payment schedule with an individual in lieu of seizing that individual’s property.
    • Continue to perform other typical constable functions.
    • Constables may act exclusively as agents for: the government entity with which they contract, the appointing county, or the directing court.
    • General rule: A constable may not serve as an agent for a person not described in the above 8(a) subsection, unless otherwise provided.

  • Effective date: May 6, 2026.

Who/what is affected

  • Constables and deputy constables in Utah.
  • Counties that appoint constables (and the counties’ legislative bodies).
  • Courts and the contracting government entities that rely on constables to serve processes.
  • Citizens who are subjects of process, including those who might have property seized to satisfy judgments.

Procedural and timeline aspects

  • The bill specifies processes for jurisdictional coordination when serving outside the home county and for arrest warrants.
  • Adoption and implementation would align with the May 6, 2026 effective date.
  • The bill includes conforming and technical changes to existing statute (17-78-603 as renumbered/amended by 2025 Laws).
  • Legislative history indicates rapid progression: committees favorable, passage in Senate and House, and eventual signing early 2026, with the Governor signing on March 18, 2026.

Financial and regulatory impact (as indicated in fiscal note)

  • No anticipated net new state or local revenue or expenditures directly resulting from the bill.
  • No anticipated regulatory burden increase for residents or businesses.
  • Fiscal analysis notes that the bill does not create a new program or significantly expand an existing one.

Summary of impact

SB 156 adds a flexible enforcement option by permitting payment schedules in lieu of property seizure, subject to directing party approval. It preserves the existing duties and authority of constables and deputy constables while requiring coordination with local law enforcement and oversight bodies when cross-jurisdictional actions occur. Overall, the bill aims to modernize and clarify constable operations with a bounded mechanism to avoid asset seizure in certain cases, subject to contractual and court approvals.

Compiled from official sources — confirm details with the bill’s official record.

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