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S.B. 26
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SERIOUS YOUTH OFFENDER AMENDMENTS
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2002 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 Judicial Code by providing that certain offenses committed by a minor
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within a secure facility are not subject to district court jurisdiction, and clarifying when
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jurisdiction over a minor is retained under the Serious Youth Offender provisions.
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This act affects sections of Utah Code Annotated 1953 as follows:
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AMENDS:
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78-3a-601, as last amended by Chapter 78, Laws of Utah 1998
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78-3a-602, as enacted by Chapter 1 and last amended by Chapter 239, Laws of Utah 1996
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78-3a-603, as last amended by Chapter 365, 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
78-3a-601
is amended to read:
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78-3a-601. Jurisdiction of district court.
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(1) The district court shall have exclusive original jurisdiction over all persons 16 years
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of age or older charged by information or indictment with:
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(a) an offense which would be murder or aggravated murder if committed by an adult; or
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(b) an offense which would be a felony if committed by an adult if the minor has been
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previously committed to a secure facility as defined in Section
62A-7-101
. This Subsection (1)(b)
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shall not apply if the offense is committed in a secure facility.
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(2) When the district court has exclusive original jurisdiction over a minor under this
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section, it also has exclusive original jurisdiction over the minor regarding all offenses joined with
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the qualifying offense, and any other offenses, including misdemeanors, arising from the same
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criminal episode. The district court is not divested of jurisdiction by virtue of the fact that the
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minor is allowed to enter a plea to, or is found guilty of, a lesser or joined offense.
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(3) (a) Any felony, misdemeanor, or infraction committed after the offense over which the
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district court takes jurisdiction under [Subsections] Subsection (1) or (2) shall be tried against the
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defendant as an adult in the district court or justice court having jurisdiction.
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(b) If the qualifying charge under Subsection (1) results in an acquittal, a finding of not
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guilty, or a dismissal of the charge in the district court, the juvenile court under Section
78-3a-104
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and the Division of Youth Corrections regain jurisdiction and any authority previously exercised
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over the minor.
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Section 2.
Section
78-3a-602
is amended to read:
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78-3a-602. Serious youth offender -- Procedure.
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(1) Any action filed by a county attorney, district attorney, or attorney general charging a
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minor 16 years of age or older with a felony shall be by criminal information and filed in the
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juvenile court if the information charges any of the following offenses:
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(a) any felony violation of:
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(i) Section
76-6-103
, aggravated arson;
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(ii) Subsection
76-5-103
(1)(a), aggravated assault, involving intentionally causing serious
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bodily injury to another;
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(iii) Section
76-5-302
, aggravated kidnaping;
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(iv) Section
76-6-203
, aggravated burglary;
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(v) Section
76-6-302
, aggravated robbery;
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(vi) Section
76-5-405
, aggravated sexual assault;
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(vii) Section
76-10-508
, discharge of a firearm from a vehicle;
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(viii) Section
76-5-202
, attempted aggravated murder; or
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(ix) Section
76-5-203
, attempted murder; or
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(b) an offense other than those listed in Subsection (1)(a) involving the use of a dangerous
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weapon which would be a felony if committed by an adult, and the minor has been previously
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adjudicated or convicted of an offense involving the use of a dangerous weapon which also would
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have been a felony if committed by an adult.
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(2) All proceedings before the juvenile court related to charges filed under Subsection (1)
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shall be conducted in conformity with the rules established by the Utah Supreme Court.
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(3) (a) If the information alleges the violation of a felony listed in Subsection (1), the state
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shall have the burden of going forward with its case and the burden of proof to establish probable
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cause to believe that one of the crimes listed in Subsection (1) has been committed and that the
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defendant committed it. If proceeding under Subsection (1)(b), the state shall have the additional
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burden of proving by a preponderance of the evidence that the defendant has previously been
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adjudicated or convicted of an offense involving the use of a dangerous weapon.
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(b) If the juvenile court judge finds the state has met its burden under this Subsection (3),
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the court shall order that the defendant be bound over and held to answer in the district court in
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the same manner as an adult unless the juvenile court judge finds that all of the following
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conditions exist:
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(i) the minor has not been previously adjudicated delinquent for an offense involving the
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use of a dangerous weapon which would be a felony if committed by an adult;
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(ii) that if the offense was committed with one or more other persons, the minor appears
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to have a lesser degree of culpability than the codefendants; and
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(iii) that the minor's role in the offense was not committed in a violent, aggressive, or
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premeditated manner.
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(c) Once the state has met its burden under this Subsection (3) as to a showing of probable
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cause, the defendant shall have the burden of going forward and presenting evidence as to the
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existence of the above conditions.
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(d) If the juvenile court judge finds by clear and convincing evidence that all the above
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conditions are satisfied, the court shall so state in its findings and order the minor held for trial as
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a minor and shall proceed upon the information as though it were a juvenile petition.
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(4) If the juvenile court judge finds that an offense has been committed, but that the state
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has not met its burden of proving the other criteria needed to bind the defendant over under
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Subsection (1), the juvenile court judge shall order the defendant held for trial as a minor and shall
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proceed upon the information as though it were a juvenile petition.
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(5) At the time of a bind over to district court a criminal warrant of arrest shall issue. The
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defendant shall have the same right to bail as any other criminal defendant and shall be advised
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of that right by the juvenile court judge. The juvenile court shall set initial bail in accordance with
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Title 77, Chapter 20, Bail.
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(6) If an indictment is returned by a grand jury charging a violation under this section, the
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preliminary examination held by the juvenile court judge need not include a finding of probable
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cause that the crime alleged in the indictment was committed and that the defendant committed
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it, but the juvenile court shall proceed in accordance with this section regarding the additional
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considerations listed in Subsection (3)(b).
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(7) When a defendant is charged with multiple criminal offenses in the same information
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or indictment and is bound over to answer in the district court for one or more charges under this
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section, other offenses arising from the same criminal episode and any subsequent misdemeanors
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or felonies charged against him shall be considered together with those charges, and where the
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court finds probable cause to believe that those crimes have been committed and that the defendant
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committed them, the defendant shall also be bound over to the district court to answer for those
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charges.
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(8) A minor who is bound over to answer as an adult in the district court under this section
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or on whom an indictment has been returned by a grand jury, is not entitled to a preliminary
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examination in the district court.
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(9) Allegations contained in the indictment or information that the defendant has
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previously been adjudicated or convicted of an offense involving the use of a dangerous weapon,
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or is 16 years of age or older, are not elements of the criminal offense and do not need to be proven
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at trial in the district court.
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(10) If a minor enters a plea to, or is found guilty of, any of the charges filed or any other
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offense arising from the same criminal episode, the district court retains jurisdiction over the minor
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for all purposes, including sentencing.
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[(10)] (11) The juvenile court under Section
78-3a-104
and the Division of Youth
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Corrections regain jurisdiction and any authority previously exercised over the juvenile when there
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is an acquittal, a finding of not guilty, or dismissal of [the] all charges in the district court.
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Section 3.
Section
78-3a-603
is amended to read:
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78-3a-603. Certification hearings -- Juvenile court to hold preliminary hearing --
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Factors considered by juvenile court for waiver of jurisdiction to district court.
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(1) If a criminal information filed in accordance with Subsection
78-3a-502
(3) alleges the
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commission of an act which would constitute a felony if committed by an adult, the juvenile court
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shall conduct a preliminary hearing.
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(2) At the preliminary hearing the state shall have the burden of going forward with its
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case and the burden of establishing:
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(a) probable cause to believe that a crime was committed and that the defendant committed
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it; and
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(b) by a preponderance of the evidence, that it would be contrary to the best interests of
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the minor or of the public for the juvenile court to retain jurisdiction.
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(3) In considering whether or not it would be contrary to the best interests of the minor or
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of the public for the juvenile court to retain jurisdiction, the juvenile court shall consider, and may
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base its decision on, the finding of one or more of the following factors:
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(a) the seriousness of the offense and whether the protection of the community requires
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isolation of the minor beyond that afforded by juvenile facilities;
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(b) whether the alleged offense was committed by the minor in concert with two or more
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persons under circumstances which would subject the minor to enhanced penalties under Section
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76-3-203.1
were he an adult;
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(c) whether the alleged offense was committed in an aggressive, violent, premeditated, or
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willful manner;
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(d) whether the alleged offense was against persons or property, greater weight being given
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to offenses against persons, except as provided in Section
76-8-418
;
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(e) the maturity of the minor as determined by considerations of his home, environment,
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emotional attitude, and pattern of living;
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(f) the record and previous history of the minor;
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(g) the likelihood of rehabilitation of the minor by use of facilities available to the juvenile
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court;
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(h) the desirability of trial and disposition of the entire offense in one court when the
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minor's associates in the alleged offense are adults who will be charged with a crime in the district
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court;
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(i) whether the minor used a firearm in the commission of an offense; and
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(j) whether the minor possessed a dangerous weapon on or about school premises as
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provided in Section
76-10-505.5
.
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(4) The amount of weight to be given to each of the factors listed in Subsection (3) is
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discretionary with the court.
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(5) (a) Written reports and other materials relating to the minor's mental, physical,
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educational, and social history may be considered by the court.
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(b) If requested by the minor, the minor's parent, guardian, or other interested party, the
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court shall require the person or agency preparing the report and other material to appear and be
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subject to both direct and cross-examination.
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(6) At the conclusion of the state's case, the minor may testify under oath, call witnesses,
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cross-examine adverse witnesses, and present evidence on the factors required by Subsection (3).
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(7) If the court finds the state has met its burden under Subsection (2), the court may enter
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an order:
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(a) certifying that finding; and
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(b) directing that the minor be held for criminal proceedings in the district court.
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(8) If an indictment is returned by a grand jury, the preliminary examination held by the
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juvenile court need not include a finding of probable cause, but the juvenile court shall proceed
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in accordance with this section regarding the additional consideration referred to in Subsection
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(2)(b).
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(9) The provisions of Section
78-3a-116
, Section
78-3a-913
, and other provisions relating
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to proceedings in juvenile cases are applicable to the hearing held under this section to the extent
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they are pertinent.
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(10) A minor who has been directed to be held for criminal proceedings in the district
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court is not entitled to a preliminary examination in the district court.
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(11) A minor who has been certified for trial in the district court shall have the same right
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to bail as any other criminal defendant and shall be advised of that right by the juvenile court
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judge. The juvenile court shall set initial bail in accordance with Title 77, Chapter 20, Bail.
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(12) When a minor has been certified to the district court under this section or when a
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criminal information or indictment is filed in a court of competent jurisdiction before a committing
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magistrate charging the minor with an offense described in Section
78-3a-602
, the jurisdiction of
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the Division of Youth Corrections and the jurisdiction of the juvenile court over the minor is
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terminated regarding that offense, any other offenses arising from the same criminal episode, and
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any subsequent misdemeanors or felonies charged against him, except as provided in Subsection
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(14).
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(13) [A minor may be convicted under this section on] If a minor enters a plea to, or is
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found guilty of any of the charges filed or on any other offense arising out of the same criminal
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episode, the district court retains jurisdiction over the minor for all purposes, including sentencing.
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(14) The juvenile court under Section
78-3a-104
and the Division of Youth Corrections
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regain jurisdiction and any authority previously exercised over the minor when there is an
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acquittal, a finding of not guilty, or dismissal of [the] all charges in the district court.
Legislative Review Note
as of 11-15-01 1:26 PM
A limited legal review of this legislation raises no obvious constitutional or statutory concerns.
Office of Legislative Research and General Counsel
Committee Note
The Judiciary Interim Committee recommended this bill.
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