H.B. 178

1

JURISDICTION FOR PROSECUTION
2 2008 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Paul A. Neuenschwander
5 Senate Sponsor: Jon J. Greiner
6
7 LONG TITLE
8 General Description:
9 This bill modifies the Judicial Code regarding the jurisdiction of justice courts.
10 Highlighted Provisions:
11 This bill:
12 . clarifies the territorial jurisdiction of justice courts, including situations such as:
13 . when the offense is committed on a vehicle passing through the jurisdiction of
14 the court;
15 . when the offense is committed on a body of water adjacent to the jurisdiction of
16 the court;
17 . when an unlawful communication is sent or received within the jurisdiction; or
18 . when an element of an offense is committed within the jurisdiction.
19 Monies Appropriated in this Bill:
20 None
21 Other Special Clauses:
22 None
23 Utah Code Sections Affected:
24 AMENDS:
25 78-5-104, as last amended by Laws of Utah 1997, Chapter 215
26
27 Be it enacted by the Legislature of the state of Utah:

28 Section 1. Section 78-5-104 is amended to read:
29 78-5-104. Jurisdiction.
30 (1) Justice courts have jurisdiction over class B and C misdemeanors, violation of
31 ordinances, and infractions committed within their territorial jurisdiction, except those offenses
32 over which the juvenile court has exclusive jurisdiction.
33 (2) As used in this section, "the court's jurisdiction" means the territorial jurisdiction of
34 a justice court.
35 (3) An offense is committed within the territorial jurisdiction of a justice court if:
36 (a) conduct constituting an element of the offense or a result constituting an element of
37 the offense occurs within the court's jurisdiction, regardless of whether the conduct or result is
38 itself unlawful;
39 (b) either a person committing an offense or a victim of an offense is located within the
40 court's jurisdiction at the time the offense is committed;
41 (c) either a cause of injury occurs within the court's jurisdiction or the injury occurs
42 within the court's jurisdiction;
43 (d) a person commits any act constituting an element of an inchoate offense within the
44 court's jurisdiction, including an agreement in a conspiracy;
45 (e) a person solicits, aids, or abets, or attempts to solicit, aid, or abet another person in
46 the planning or commission of an offense within the court's jurisdiction;
47 (f) the investigation of the offense does not readily indicate in which court's
48 jurisdiction the offense occurred, and:
49 (i) the offense is committed upon or in any railroad car, vehicle, watercraft, or aircraft
50 passing within the court's jurisdiction;
51 (ii) (A) the offense is committed on or in any body of water bordering on or within this
52 state if the territorial limits of the justice court are adjacent to the body of water; and
53 (B) as used in Subsection (3)(f)(ii)(A), "body of water" includes any stream, river, lake,
54 or reservoir, whether natural or man-made;
55 (iii) a person who commits theft exercises control over the affected property within the
56 court's jurisdiction; or
57 (iv) the offense is committed on or near the boundary of the court's jurisdiction;
58 (g) the offense consists of an unlawful communication that was initiated or received

59 within the court's jurisdiction; or
60 (h) jurisdiction is otherwise specifically provided by law.
61 [(2)] (4) Justice courts have jurisdiction of small claims cases under Title 78, Chapter
62 6, Small Claims Courts, if [the] a defendant resides in or the debt arose within the territorial
63 jurisdiction of the justice court.




Legislative Review Note
as of 1-30-08 10:29 AM

Office of Legislative Research and General Counsel