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H.B. 105

             1     

SERIOUS YOUTH OFFENDER AMENDMENTS

             2     
2013 GENERAL SESSION

             3     
STATE OF UTAH

             4     
Chief Sponsor: V. Lowry Snow

             5     
Senate Sponsor: Lyle W. Hillyard

             6     
             7      LONG TITLE
             8      General Description:
             9          This bill amends the procedure to transfer jurisdiction for a serious youth offender from
             10      a juvenile court to a district court.
             11      Highlighted Provisions:
             12          This bill:
             13          .    provides for a juvenile court judge to consider a minor's prior adjudications in
             14      juvenile court, a minor's best interest, and the public's safety when determining a
             15      jurisdiction transfer from a juvenile court to a district court; and
             16          .    makes technical changes.
             17      Money Appropriated in this Bill:
             18          None
             19      Other Special Clauses:
             20          None
             21      Utah Code Sections Affected:
             22      AMENDS:
             23          78A-6-702, as last amended by Laws of Utah 2012, Chapter 118
             24     
             25      Be it enacted by the Legislature of the state of Utah:
             26          Section 1. Section 78A-6-702 is amended to read:
             27           78A-6-702. Serious youth offender -- Procedure.


             28          (1) Any action filed by a county attorney, district attorney, or attorney general charging
             29      a minor 16 years of age or older with a felony shall be by criminal information and filed in the
             30      juvenile court if the information charges any of the following offenses:
             31          (a) any felony violation of:
             32          (i) Section 76-6-103 , aggravated arson;
             33          (ii) Section 76-5-103 , aggravated assault resulting in serious bodily injury to another;
             34          (iii) Section 76-5-302 , aggravated [kidnaping] kidnapping;
             35          (iv) Section 76-6-203 , aggravated burglary;
             36          (v) Section 76-6-302 , aggravated robbery;
             37          (vi) Section 76-5-405 , aggravated sexual assault;
             38          (vii) Section 76-10-508.1 , felony discharge of a firearm;
             39          (viii) Section 76-5-202 , attempted aggravated murder; or
             40          (ix) Section 76-5-203 , attempted murder; or
             41          (b) an offense other than those listed in Subsection (1)(a) involving the use of a
             42      dangerous weapon, which would be a felony if committed by an adult, and the minor has been
             43      previously adjudicated or convicted of an offense involving the use of a dangerous weapon,
             44      which also would have been a felony if committed by an adult.
             45          (2) All proceedings before the juvenile court related to charges filed under Subsection
             46      (1) shall be conducted in conformity with the rules established by the Utah Supreme Court.
             47          (3) (a) If the information alleges the violation of a felony listed in Subsection (1), the
             48      state shall have the burden of going forward with its case and the burden of proof to establish
             49      probable cause to believe that one of the crimes listed in Subsection (1) has been committed
             50      and that the defendant committed it. If proceeding under Subsection (1)(b), the state shall have
             51      the additional burden of proving by a preponderance of the evidence that the defendant has
             52      previously been adjudicated or convicted of an offense involving the use of a dangerous
             53      weapon.
             54          (b) If the juvenile court judge finds the state has met its burden under this Subsection
             55      (3), the court shall order that the defendant be bound over and held to answer in the district
             56      court in the same manner as an adult unless the juvenile court judge finds that [all of the
             57      following conditions exist:] it would be contrary to the best interest of the minor and to the
             58      public to bind over the defendant to the jurisdiction of the district court.


             59          (c) In making the bind over determination in Subsection (3)(b), the judge shall consider
             60      only the following:
             61          (i) whether the minor has [not] been previously adjudicated delinquent for an offense
             62      involving the use of a dangerous weapon which would be a felony if committed by an adult;
             63          (ii) [that] if the offense was committed with one or more other persons, whether the
             64      minor appears to have a greater or lesser degree of culpability than the codefendants; [and]
             65          (iii) [that] the extent to which the minor's role in the offense was [not] committed in a
             66      violent, aggressive, or premeditated manner[.];
             67          (iv) the number and nature of the minor's prior adjudications in the juvenile court; and
             68          (v) whether public safety is better served by adjudicating the minor in the juvenile
             69      court or in the district court.
             70          [(c)] (d) Once the state has met its burden under [this] Subsection (3)(a) as to a
             71      showing of probable cause, the defendant shall have the burden of going forward and
             72      presenting evidence [as to the existence of the above conditions] that in light of the
             73      considerations listed in Subsection (3)(c), it would be contrary to the best interest of the minor
             74      and the best interests of the public to bind the defendant over to the jurisdiction of the district
             75      court.
             76          [(d)] (e) If the juvenile court judge finds by clear and convincing evidence that [all the
             77      above conditions are satisfied,] it would be contrary to the best interest of the minor and the
             78      best interests of the public to bind the defendant over to the jurisdiction of the district court, the
             79      court shall so state in its findings and order the minor held for trial as a minor and shall proceed
             80      upon the information as though it were a juvenile petition.
             81          (4) If the juvenile court judge finds that an offense has been committed, but that the
             82      state has not met its burden of proving the other criteria needed to bind the defendant over
             83      under Subsection (1), the juvenile court judge shall order the defendant held for trial as a minor
             84      and shall proceed upon the information as though it were a juvenile petition.
             85          (5) At the time of a bind over to district court a criminal warrant of arrest shall issue.
             86      The defendant shall have the same right to bail as any other criminal defendant and shall be
             87      advised of that right by the juvenile court judge. The juvenile court shall set initial bail in
             88      accordance with Title 77, Chapter 20, Bail.
             89          (6) If an indictment is returned by a grand jury charging a violation under this section,


             90      the preliminary examination held by the juvenile court judge need not include a finding of
             91      probable cause that the crime alleged in the indictment was committed and that the defendant
             92      committed it, but the juvenile court shall proceed in accordance with this section regarding the
             93      additional considerations listed in Subsection (3)(b).
             94          (7) When a defendant is charged with multiple criminal offenses in the same
             95      information or indictment and is bound over to answer in the district court for one or more
             96      charges under this section, other offenses arising from the same criminal episode and any
             97      subsequent misdemeanors or felonies charged against him shall be considered together with
             98      those charges, and where the court finds probable cause to believe that those crimes have been
             99      committed and that the defendant committed them, the defendant shall also be bound over to
             100      the district court to answer for those charges.
             101          (8) When a minor has been bound over to the district court under this section, the
             102      jurisdiction of the Division of Juvenile Justice Services and the juvenile court over the minor is
             103      terminated regarding that offense, any other offenses arising from the same criminal episode,
             104      and any subsequent misdemeanors or felonies charged against the minor, except as provided in
             105      Subsection (12).
             106          (9) A minor who is bound over to answer as an adult in the district court under this
             107      section or on whom an indictment has been returned by a grand jury is not entitled to a
             108      preliminary examination in the district court.
             109          (10) Allegations contained in the indictment or information that the defendant has
             110      previously been adjudicated or convicted of an offense involving the use of a dangerous
             111      weapon, or is 16 years of age or older, are not elements of the criminal offense and do not need
             112      to be proven at trial in the district court.
             113          (11) If a minor enters a plea to, or is found guilty of, any of the charges filed or any
             114      other offense arising from the same criminal episode, the district court retains jurisdiction over
             115      the minor for all purposes, including sentencing.
             116          (12) The juvenile court under Section 78A-6-103 and the Division of Juvenile Justice
             117      Services regain jurisdiction and any authority previously exercised over the minor when there
             118      is an acquittal, a finding of not guilty, or dismissal of all charges in the district court.





Legislative Review Note
    as of 1-21-13 10:29 AM


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