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S.B. 110
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CRIMINAL PROCEDURE AMENDMENTS
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2001 GENERAL SESSION
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STATE OF UTAH
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Sponsor: Lyle W. Hillyard
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This act modifies the Code of Criminal Procedure and the Judicial Code to allow for
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expanded authority for certain magistrates for a limited time period during the Winter
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Olympics in 2002. It also provides for the disposition of fines and fees collected during that
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time. This act takes effect on January 14, 2002 and certain amendments are repealed or
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reinstated on March 16, 2002.
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This act affects sections of Utah Code Annotated 1953 as follows:
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AMENDS:
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77-7-19, as last amended by Chapter 198, Laws of Utah 1996
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78-7-17.5, as last amended by Chapter 212, Laws of Utah 1997
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Be it enacted by the Legislature of the state of Utah:
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Section 1.
Section
77-7-19
is amended to read:
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77-7-19. Appearance required by citation -- Arrest for failure to appear -- Transfer
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of cases -- Motor vehicle violations -- Disposition of fines and costs.
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(1) Persons receiving misdemeanor citations shall appear before the magistrate designated
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in the citation on or before the time and date specified in the citation unless the uniform bail
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schedule adopted by the Judicial Council or Subsection
77-7-21
(1) permits forfeiture of bail for
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the offense charged.
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(2) A citation may not require a person to appear [sooner than five days or] later than 14
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days following its issuance.
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(3) A person who receives a citation and who fails to comply with Section
77-7-21
on or
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before the time and date and at the court specified is subject to arrest. The magistrate may issue
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a warrant of arrest.
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(4) Except where otherwise provided by law, a citation or information issued for violations
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of Title 41, Motor Vehicles, shall state that the person receiving the citation or information shall
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appear before the magistrate who has jurisdiction over the offense charged.
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(5) Any justice court judge may, upon the motion of either the defense attorney or
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prosecuting attorney, based on a lack of territorial jurisdiction or the disqualification of the judge,
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transfer cases to a justice court with territorial jurisdiction or the district court within the county.
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(6) (a) Clerks and other administrative personnel serving the courts shall ensure that all
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citations for violation of Title 41, Motor Vehicles, are filed in a court with jurisdiction and venue
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and shall refuse to receive citations that should be filed in another court.
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(b) Fines, fees, costs, and forfeitures imposed or collected for violations of Title 41, Motor
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Vehicles, which are filed contrary to this section shall be paid to the entitled municipality or county
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by the state, county, or municipal treasurer who has received the fines, fees, costs, or forfeitures
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from the court which collected them.
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(c) The accounting and remitting of sums due shall be at the close of the fiscal year of the
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municipality or county which has received fines, fees, costs, or forfeitures as a result of any
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improperly filed citations.
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Section 2.
Section
78-7-17.5
is amended to read:
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78-7-17.5. Authority of magistrate.
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(1) Except as otherwise provided by law, a magistrate as defined in Section
77-1-3
shall
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have the authority to:
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(a) commit a person to incarceration prior to trial;
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(b) set or deny bail under Section
77-20-1
and release upon the payment of bail and
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satisfaction of any other conditions of release;
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(c) issue to any place in the state summonses and warrants of search and arrest and
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authorize administrative traffic checkpoints under Section
77-23-104
;
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(d) conduct an initial appearance in a felony;
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(e) conduct arraignments;
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(f) conduct a preliminary examination to determine probable cause;
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(g) appoint attorneys and order recoupment of attorney fees;
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(h) order the preparation of presentence investigations and reports;
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(i) issue temporary orders as provided by rule of the Judicial Council; and
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(j) perform any other act or function authorized by statute.
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(2) A judge of the justice court may exercise the authority of a magistrate specified in
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Subsection (1) with the following limitations:
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(a) a judge of the justice court may conduct an initial appearance, preliminary examination,
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or arraignment in a felony case as provided by rule of the Judicial Council; [and]
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(b) a judge of the justice court may not set bail in a capital or first degree felony nor deny
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bail in any case; and
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(c) a judge of the justice court may authorize administrative traffic checkpoints under
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Section
77-23-104
and issue search warrants only within the judicial district.
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(3) From January 14, 2002 until February 28, 2002, the chief justice may designate any
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magistrate to hear final disposition of any misdemeanors filed in the judicial district in which that
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magistrate sits as a judge. These specially designated magistrates may hear misdemeanors on
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behalf of any justice court, district court, or juvenile court within that judicial district. During this
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period of special designation, a magistrate that hears a case on behalf of a court other than the court
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in which that magistrate usually sits shall order any fines, fees, or forfeitures collected on behalf
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of another court to be transferred to that court within three days, along with any records pertaining
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to the matter.
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Section 3. Effective date.
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This act takes effect on January 14, 2002.
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Section 4. Repeal and reinstatement of certain provisions.
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It is the intent of the Legislature that on March 16, 2002:
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(1) the deleted language in Subsection
77-7-19
(2) "sooner than five days or" be reinstated;
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and
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(2) Subsection
78-7-17.5
(3) is repealed.
Legislative Review Note
as of 1-15-01 9:23 AM
A limited legal review of this legislation raises no obvious constitutional or statutory concerns.