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H.B. 293 Enrolled
AN ACT RELATING TO THE JUDICIAL CODE; LIMITING JUSTICE COURT JUDGES'
AUTHORITY TO ISSUE SEARCH WARRANTS AND ADMINISTRATIVE TRAFFIC
CHECKPOINT AUTHORIZATIONS TO THE JUDICIAL DISTRICT; CLARIFYING
THAT ARREST WARRANT AUTHORITY IS STATEWIDE; AND MAKING
TECHNICAL CORRECTIONS.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
78-5-103, as last amended by Chapter 226, Laws of Utah 1992
78-7-17.5, as last amended by Chapter 35, Laws of Utah 1994
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 78-5-103 is amended to read:
78-5-103. Territorial jurisdiction -- Voting.
(1) Except as provided in Section 10-3-923, the territorial jurisdiction of county justice
courts extends to the limits of the precinct for which the justice court is created and includes all
cities or towns within the precinct, except cities where a municipal justice court exists.
(2) The territorial jurisdiction of municipal justice courts extends to the corporate limits
of the municipality in which the justice court is created.
(3) The territorial jurisdiction of county and municipal justice courts functioning as
magistrates extends beyond the boundaries in Subsections (1) and (2):
(a) as set forth in Section 78-7-17.5; and
(b) to the extent necessary to carry out magisterial functions under Subsection 77-7-23 (2)
regarding jailed persons.
(4) For election of county justice court judges, all registered voters in the county justice
court precinct may vote at the judge's retention election.
Section 2. Section 78-7-17.5 is amended to read:
78-7-17.5. Authority of magistrate.
(1) Except as otherwise provided by law, a magistrate as defined in Section 77-1-3 shall have
the authority to:
(a) commit a person to incarceration prior to trial;
(b) set or deny bail under Section 77-20-1 and release upon the payment of bail and
satisfaction of any other conditions of release;
(c) issue to any place in the state summonses and warrants of search and arrest and authorize
administrative traffic checkpoints under Section 77-23-104;
(d) conduct an initial appearance in a felony;
(e) conduct arraignments;
(f) conduct a preliminary examination to determine probable cause;
(g) appoint attorneys and order recoupment of attorney fees;
(h) order the preparation of presentence investigations and reports; [
(i) issue temporary orders as provided by rule of the Judicial Council; and
(j) perform any other act or function authorized by statute.
(2) A judge of the justice court may exercise the authority of a magistrate specified in
Subsection (1) with the following limitations:
(a) a judge of the justice court may conduct an initial appearance, preliminary examination,
or arraignment in a felony case as provided by rule of the Judicial Council; and
(b) a judge of the justice court may not set bail in a capital or first degree felony nor deny
bail in any case[
(c) a judge of the justice court may authorize administrative traffic checkpoints under
Section 77-23-104 and issue search warrants only within the judicial district.
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