S.B. 114

1

MUNICIPAL PROSECUTORIAL DISCRETION
2 2011 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Daniel W. Thatcher
5 House Sponsor: Christopher N. Herrod
6
7 LONG TITLE
8 General Description:
9 This bill modifies the Municipal Code relating to the duties of a city attorney.
10 Highlighted Provisions:
11 This bill:
12 . permits a city attorney who has a conflict of interest in a prosecution matter to
13 appoint a city attorney from another municipality or a public prosecutor to prosecute
14 in the court having jurisdiction over the matter.
15 Money Appropriated in this Bill:
16 None
17 Other Special Clauses:
18 None
19 Utah Code Sections Affected:
20 AMENDS:
21 10-3-928, as last amended by Laws of Utah 2002, Chapter 130
22
23 Be it enacted by the Legislature of the state of Utah:
24 Section 1. Section 10-3-928 is amended to read:
25 10-3-928. Attorney duties -- Deputy public prosecutor.
26 In cities with a city attorney, the city attorney:
27 (1) may prosecute violations of city ordinances[:];

28 (2) may prosecute, under state law, infractions and misdemeanors occurring within the
29 boundaries of the municipality;
30 (3) has the same powers in respect to violations as are exercised by a county attorney or
31 district attorney, except that a city attorney's authority to grant immunity shall be limited to:
32 (a) granting transactional immunity for violations of city ordinances; and
33 (b) granting transactional immunity under state law for infractions and misdemeanors
34 occurring within the boundaries of the municipality;
35 (4) shall represent the interests of the state or the municipality in the appeal of any
36 matter prosecuted in any trial court by the city attorney; [and]
37 (5) may cooperate with the Office of the Attorney General during investigations,
38 including those described in Subsection 67-5-18 (3)(f)[.]; and
39 (6) may designate a city attorney from another municipality or a public prosecutor to
40 prosecute a matter, in the court having jurisdiction over the matter, if the city attorney has a
41 conflict of interest regarding the matter being prosecuted.




Legislative Review Note
as of 1-17-11 7:02 AM

Office of Legislative Research and General Counsel