H.B. 116

1

JUROR TRANSPORT AMENDMENTS
2 2007 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Scott L Wyatt
5 Senate Sponsor: ____________
6
7 LONG TITLE
8 General Description:
9 This bill allows for the transportation of the jury in cases where a venue change is
10 appropriate, but other circumstances make it prudent to conduct a trial where the
11 incident occurred.
12 Highlighted Provisions:
13 This bill:
14 . allows a party to an action to request that a jury be transported from another location
15 after a change in venue has been granted;
16 . requires that the court look at the totality of the circumstances in a case before
17 granting the request; and
18 . requires that the party making the request pay the transportation costs.
19 Monies Appropriated in this Bill:
20 None
21 Other Special Clauses:
22 None
23 Utah Code Sections Affected:
24 AMENDS:
25 78-46-28, as renumbered and amended by Chapter 46, Laws of Utah 2001
26 ENACTS:
27 78-46-42, Utah Code Annotated 1953

28
29 Be it enacted by the Legislature of the state of Utah:
30 Section 1. Section 78-46-28 is amended to read:
31 78-46-28. Fees and mileage.
32 (1) Every juror and witness legally required or in good faith requested to attend a trial
33 court of record or not of record or a grand jury is entitled to:
34 (a) $18.50 for the first day of attendance and $49 per day for each subsequent day of
35 attendance; and
36 (b) if traveling more than 50 miles, $1 for each four miles in excess of 50 miles
37 actually and necessarily traveled in going only, regardless of county lines.
38 (2) A juror transported to another county in accordance with Section 78-46-42 shall
39 only receive the amounts stated in Subsection (1)(a).
40 [(2)] (3) Persons in the custody of a penal institution upon conviction of a criminal
41 offense are not entitled to a witness fee.
42 [(3)] (4) A witness attending from outside the state in a civil case is allowed mileage at
43 the rate of 25 cents per mile and is taxed for the distance actually and necessarily traveled
44 inside the state in going only.
45 [(4)] (5) If the witness is attending from outside the state in a criminal case, the state
46 shall reimburse the witness under Section 77-21-3 .
47 [(5)] (6) A prosecution witness or a witness subpoenaed by an indigent defendant
48 attending from outside the county but within the state may receive reimbursement for necessary
49 lodging and meal expenses under rule of the Judicial Council.
50 [(6)] (7) There is created within the General Fund, a restricted account known as the
51 CASA Volunteer Account. A juror may donate the juror's fee to the CASA Volunteer Account
52 in $18.50 or $49 increments. The Legislature shall annually appropriate money from the
53 CASA Volunteer Account to the Administrative Office of the Courts for the purpose of
54 recruiting, training, and supervising volunteers for the Court Appointed Special Advocate
55 program established pursuant to Section 78-3a-912 .
56 Section 2. Section 78-46-42 is enacted to read:
57 78-46-42. Transportation of a jury to another county.
58 (1) Once a motion for a change of venue has been granted, the court may consider a

59 subsequent request by either party to order the transportation of the jury to the county of
60 indictment or complaint once impaneled.
61 (2) In making the decision to transport a jury, the court shall consider the totality of the
62 circumstances surrounding the case including:
63 (a) the impact on parties, witnesses, experts, families, and available facilities; and
64 (b) whether justice will be served.
65 (3) Costs incurred in transporting a jury from one location to another shall be paid by
66 the party requesting the transportation.
67 (4) The provisions of this section do not affect the power of the court to order a change
68 of venue.




Legislative Review Note
as of 1-15-07 12:29 PM

Office of Legislative Research and General Counsel