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H.B. 49
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5 AN ACT RELATING TO CITIES AND TOWNS, COUNTIES, STATE OFFICERS AND
6 EMPLOYEES; CLARIFYING THE AUTHORITY OF PUBLIC PROSECUTORS TO
7 INVESTIGATE AND ASSIST IN INVESTIGATIONS; AND MAKING TECHNICAL
8 CHANGES.
9 This act affects sections of Utah Code Annotated 1953 as follows:
10 AMENDS:
11 10-3-928, as last amended by Chapter 38, Laws of Utah 1993
12 17-18-1, as last amended by Chapter 302, Laws of Utah 1995
13 17-18-1.5, as enacted by Chapter 38, Laws of Utah 1993
14 17-18-1.7, as last amended by Chapter 302, Laws of Utah 1995
15 67-5-1, as last amended by Chapter 198, Laws of Utah 1996
16 77-23a-8, as last amended by Chapter 17, Laws of Utah 1996
17 77-23a-14, as last amended by Chapter 38, Laws of Utah 1993
18 ENACTS:
19 77-1-8, Utah Code Annotated 1953
20 Be it enacted by the Legislature of the state of Utah:
21 Section 1. Section 10-3-928 is amended to read:
22 10-3-928. Attorney duties -- Deputy public prosecutor.
23 (1) In cities with a city attorney, the city attorney may prosecute violations of city
24 ordinances, and under state law, infractions and misdemeanors occurring within the boundaries
25 of the municipality and has the same powers in respect to the violations as are exercised by a
26 county attorney or district attorney, including[
27 (2) The city attorney may investigate, and assist law enforcement agencies in
1 investigations of, civil or criminal offenses within the city attorney's prosecution jurisdiction.
2 (3) The city attorney shall represent the interests of the state or the municipality in the
3 appeal of any matter prosecuted in any trial court by the city attorney.
4 Section 2. Section 17-18-1 is amended to read:
5 17-18-1. Powers -- Duties of county attorney -- Prohibitions.
6 (1) In each county which is not within a prosecution district, the county attorney is a public
7 prosecutor and shall:
8 (a) conduct on behalf of the state all prosecutions for public offenses committed within
9 the county, except for prosecutions undertaken by the city attorney under Section 10-3-928 and
10 appeals from them;
11 (b) investigate, and assist law enforcement agencies in investigations of, civil or criminal
12 offenses within the county attorney's prosecution jurisdiction;
13 [
14 with or reasonably suspected of any public offense when in possession of information that the
15 offense has been committed, and for that purpose shall attend court in person or by deputy in cases
16 of arrests when required; and
17 [
18 required in the county by the attorney general without charge when the interests of the state are
19 involved. All the duties and powers of public prosecutor shall be assumed and discharged by the
20 county attorney.
21 (2) The county attorney:
22 (a) shall appear and prosecute for the state in the district court of the county in all criminal
23 prosecutions;
24 (b) may appear and prosecute in all civil cases in which the state may be interested; and
25 (c) shall render assistance as required by the attorney general in all cases that may be
26 appealed to the Supreme Court and shall prosecute the appeal from any crime charged by the
27 county attorney as a misdemeanor in the district court.
28 (3) The county attorney shall:
29 (a) attend the deliberations of the grand jury;
30 (b) draw all indictments and informations for offenses against the laws of this state within
31 the county;
1 (c) cause all persons indicted or informed against to be speedily arraigned;
2 (d) cause all witnesses for the state to be subpoenaed to appear before the court or grand
3 jury;
4 (e) examine carefully into the sufficiency of all appearance bonds that may be tendered
5 to the district court of the county;
6 (f) upon the order of the court, institute proceedings in the name of the state for recovery
7 upon the forfeiture of any appearance or other bonds running to the state and enforce the collection
8 of them; and
9 (g) perform other duties as required by law.
10 (4) The county attorney shall:
11 (a) receive from the clerk of the district court a record of past-due fines, penalties, costs,
12 and forfeitures and take action to collect the past-due amounts;
13 (b) at the close of every term of the district court prepare a statement of all fines, penalties,
14 and forfeitures accruing to the state that have been collected or received by any officer required
15 to collect or receive them, stating each case and the amount, and shall transmit the list to the state
16 auditor; and
17 (c) proceed against any officer and sureties under this subsection for any neglect of duty.
18 (5) The county attorney shall:
19 (a) ascertain by all practicable means what estate or property within the county has
20 escheated or reverted to the state;
21 (b) require the assessor of taxes of the county to furnish annually a list of all real or
22 personal property that may have so escheated or reverted; and
23 (c) file a copy of the list in the office of the state auditor and of the attorney general.
24 (6) The county attorney shall:
25 (a) each year on the first business day of August file a report with the attorney general
26 covering the preceding fiscal year, stating the number of criminal prosecutions in the district, the
27 character of the offenses charged, the number of convictions, the amount of fines and penalties
28 imposed, and the amount collected; and
29 (b) call attention to any defect in the operation of the laws and suggest amendments to
30 correct the defect.
31 (7) The county attorney shall:
1 (a) appear and prosecute for the state in the juvenile court of the county in any proceeding
2 involving delinquency;
3 (b) represent the state in any proceeding pending before the juvenile court if any rights to
4 the custody of any juvenile are asserted by any third person; and
5 (c) prosecute before the court any person charged with abuse, neglect, or contributing to
6 the delinquency or dependency of a juvenile.
7 (8) The county attorney shall:
8 (a) defend all actions brought against the county;
9 (b) prosecute all actions for the recovery of debts, fines, penalties, and forfeitures accruing
10 to the county;
11 (c) give, when required and without fee, an opinion in writing to county, district, and
12 precinct officers on matters relating to the duties of their respective offices;
13 (d) [
14 person from whom it was received and file duplicates with the county treasurer; and
15 (e) on the first Monday of each month file with the auditor an account verified by oath of
16 all money received in an official capacity during the preceding month, and at the same time pay
17 it over to the county treasurer.
18 (9) A county attorney may not:
19 (a) in any manner consult, advise, counsel, or defend within this state any person charged
20 with any crime, misdemeanor, or breach of any penal statute or ordinance;
21 (b) be qualified to prosecute or dismiss in the name of the state any case in which the
22 county attorney has previously acted as counsel for the accused on the pending charge; or
23 (c) in any case compromise any cause or enter a nolle prosequi after the filing of an
24 indictment or information without the consent of the court.
25 (10) If at any time after investigation by the district judge involved, the judge finds and
26 recommends that the county attorney in any county is unable to satisfactorily and adequately
27 perform the duties in prosecuting a criminal case without additional legal assistance, the attorney
28 general shall provide the additional assistance.
29 Section 3. Section 17-18-1.5 is amended to read:
30 17-18-1.5. Powers -- Duties of county attorney within a prosecution district --
31 Prohibitions.
1 (1) In each county which is within a state prosecution district, the county attorney is a
2 public prosecutor only for the purpose of prosecuting violations of county ordinances or as
3 otherwise provided by law and shall:
4 (a) conduct on behalf of the county all prosecutions for violations of county ordinances
5 committed within the county;
6 (b) investigate, and assist law enforcement agencies in investigations of, civil or criminal
7 offenses within the county attorney's prosecution jurisdiction;
8 [
9 with or reasonably suspected of violations of county ordinances when in possession of information
10 that the violation has been committed, and for that purpose shall attend court in person or by
11 deputy in cases of arrests when required; and
12 [
13 required in the county by the attorney general without charge when the interests of the state are
14 involved.
15 (2) The county attorney:
16 (a) may appear and prosecute in all civil cases in which the state may be interested; and
17 (b) shall render assistance as required by the attorney general in all civil cases that may
18 be appealed to the Supreme Court and shall prosecute the appeal from any violation of a county
19 ordinance.
20 (3) The county attorney shall:
21 (a) draw all informations for violations of a county ordinance;
22 (b) cause all persons informed against to be speedily arraigned;
23 (c) cause all witnesses for the county to be subpoenaed to appear before the court;
24 (d) upon the order of the court, institute proceedings in the name of the county for recovery
25 upon the forfeiture of any appearance or other bonds running to the county and enforce the
26 collection of them; and
27 (e) perform other duties as required by law.
28 (4) The county attorney shall:
29 (a) receive from the clerk of the district court a record of past-due fines, penalties, costs,
30 and forfeitures and take action to collect the past due amounts;
31 (b) at the close of every term of the district court prepare a statement of all fines, penalties,
1 and forfeitures accruing to the state that have been collected or received by any officer required
2 to collect or receive them, stating each case and the amount, and shall transmit the list to the state
3 auditor; and
4 (c) proceed against any officer and sureties under this subsection for any neglect of duty.
5 (5) The county attorney shall:
6 (a) ascertain by all practicable means what estate or property within the county has
7 escheated or reverted to the state;
8 (b) require the assessor of taxes of the county to furnish annually a list of all real or
9 personal property that may have so escheated or reverted; and
10 (c) file a copy of the list in the office of the state auditor and of the attorney general.
11 (6) The county attorney shall:
12 (a) defend all actions brought against the county;
13 (b) prosecute all actions for the recovery of debts, fines, penalties, and forfeitures accruing
14 to the county;
15 (c) give, when required and without fee, an opinion in writing to county, district, precinct,
16 and prosecution district officers on matters relating to the duties of their respective offices;
17 (d) [
18 person from whom it was received and file duplicates with the county treasurer; and
19 (e) on the first Monday of each month file with the auditor an account verified by oath of
20 all money received in an official capacity during the preceding month, and at the same time pay
21 it over to the county treasurer.
22 (7) A county attorney may not:
23 (a) in any manner consult, advise, counsel, or defend within this state any person charged
24 with any crime, misdemeanor, or breach of any penal statute or ordinance;
25 (b) be qualified to prosecute or dismiss in the name of the county any case in which the
26 county attorney has previously acted as counsel for the accused on the pending charge; or
27 (c) in any case compromise any cause or enter a nolle prosequi after the filing of an
28 information without the consent of the court.
29 (8) The county attorney or his deputy may be sworn as a deputy district attorney for the
30 purpose of public convenience for a period of time and subject to limitations specified by the
31 district attorney.
1 Section 4. Section 17-18-1.7 is amended to read:
2 17-18-1.7. Powers -- Duties of district attorney -- Prohibitions.
3 (1) The district attorney is a public prosecutor and shall:
4 (a) prosecute in the name of the state all violations of criminal statutes of the state;
5 (b) be a full-time county officer;
6 (c) conduct on behalf of the state all prosecutions for public offenses committed within
7 the county, except for prosecutions undertaken by the city attorney under Section 10-3-928 and
8 appeals from them; [
9 (d) investigate, and assist law enforcement agencies in investigations of, civil or criminal
10 offenses within the district attorney's prosecution jurisdiction; and
11 [
12 with or reasonably suspected of any violation of state law when in possession of information that
13 the offense has been committed, and for that purpose shall attend court in person or by deputy in
14 cases of arrests when required.
15 (2) The district attorney shall:
16 (a) appear and prosecute for the state in the district court all criminal actions for violation
17 of state law;
18 (b) render assistance as required by the attorney general in all criminal matters or matters
19 enumerated in Subsections (5) and (8) that may be appealed to the Court of Appeals or the
20 Supreme Court and shall prosecute the appeal from any crime charged by the district attorney as
21 a misdemeanor in the district court.
22 (3) The district attorney shall:
23 (a) attend the deliberations of the grand jury;
24 (b) draw all indictments and informations for offenses against the laws of this state within
25 the county;
26 (c) cause all persons indicted or informed against to be speedily arraigned;
27 (d) cause all witnesses for the state to be subpoenaed to appear before the court or grand
28 jury;
29 (e) examine carefully into the sufficiency of all appearance bonds that may be tendered
30 to the district court of the county; and
31 (f) perform other duties as required by law.
1 (4) The district attorney shall:
2 (a) each year on the first business day of August file a report with the attorney general
3 covering the preceding fiscal year, stating the number of criminal prosecutions in his office, the
4 character of the offenses charged, the number of convictions, the amount of fines and penalties
5 imposed, and the amount collected; and
6 (b) call attention to any defect in the operation of the laws and suggest amendments to
7 correct the defect.
8 (5) The district attorney shall:
9 (a) appear and prosecute for the state in the juvenile court of the prosecution district in any
10 proceeding involving delinquency;
11 (b) represent the state in any proceeding pending before the juvenile court if any rights to
12 the custody of any juvenile are asserted by any third person; and
13 (c) prosecute before the court any person charged with abuse, neglect, or contributing to
14 the delinquency or dependency of a juvenile.
15 (6) A district attorney may not:
16 (a) engage in private practice of law;
17 (b) engage in any occupation that may conflict with his duties as a district attorney;
18 (c) in any manner consult, advise, counsel, or defend within this state any person charged
19 with any crime, misdemeanor, or breach of any penal statute or ordinance;
20 (d) be qualified to prosecute or dismiss in the name of the state any case in which the
21 district attorney has previously acted as counsel for the accused on the pending charge; or
22 (e) in any case compromise any cause or enter a nolle prosequi after the filing of an
23 indictment or information without the consent of the court.
24 (7) If at any time after investigation by the district judge involved, the judge finds and
25 recommends that the district attorney in any prosecution district is unable to satisfactorily and
26 adequately perform the duties in prosecuting a criminal case without additional legal assistance,
27 the attorney general shall provide the additional assistance.
28 (8) The district attorney may act as counsel to any state or local government agency or
29 entity regarding only the following matters of civil law:
30 (a) bail bond forfeiture actions;
31 (b) actions for the forfeiture of property or contraband because of misuse of the property
1 or possession of the contraband in violation of criminal statutes of the state;
2 (c) civil actions incidental to or appropriate to supplement the district attorney's duties as
3 state prosecuting attorney including injunction, habeas corpus, declaratory actions, and
4 extraordinary writ actions, in which the interests of the state in any criminal prosecution or
5 investigation may be affected; and
6 (d) any civil duties otherwise provided by statute.
7 (9) The district attorney or his deputy may be sworn as a deputy county attorney for the
8 purpose of public convenience for a period of time and subject to limitations specified by the
9 county attorney.
10 Section 5. Section 67-5-1 is amended to read:
11 67-5-1. General duties.
12 The attorney general shall:
13 (1) except as provided in Sections 10-3-928 and 17-18-1, attend the Supreme Court and
14 the Court of Appeals of this state, and all courts of the United States, and prosecute or defend all
15 causes to which the state, or any officer, board, or commission of the state in an official capacity
16 is a party; and take charge, as attorney, of all civil legal matters in which the state is interested;
17 (2) when jointly agreed by the governor and the attorney general:
18 (a) initiate legal proceedings in a court of competent jurisdiction on behalf of the state, or
19 any officer, board, commission, agency, or instrumentality of the state for the purpose of opposing
20 or challenging federal laws, regulations, or court orders and their impact on or applicability to the
21 state; and
22 (b) as the budget permits, retain outside legal counsel with appropriate expertise to
23 represent the state in the legal proceedings;
24 (3) after judgment on any cause referred to in Subsection (1), direct the issuance of process
25 as necessary to execute the judgment;
26 (4) account for, and pay over to the proper officer, all moneys which come into his
27 possession, that belong to the state;
28 (5) keep a file of all cases in which he is required to appear, including any documents and
29 papers showing the court in which the cases have been instituted and tried, and whether they are
30 civil or criminal, and:
31 (a) if civil, the nature of the demand, the stage of proceedings, and when prosecuted to
1 judgment, a memorandum of the judgment and of any process issued whether satisfied, and if not
2 satisfied, the return of the sheriff;
3 (b) if criminal, the nature of the crime, the mode of prosecution, the stage of proceedings,
4 and when prosecuted to sentence, a memorandum of the sentence and of the execution, if the
5 sentence has been executed, if not executed, of the reason of the delay or prevention; and
6 (c) deliver this information to his successor in office;
7 (6) exercise supervisory powers over the district and county attorneys of the state in all
8 matters pertaining to the duties of their offices, and from time to time require of them reports of
9 the condition of public business entrusted to their charge;
10 (7) give his opinion in writing and without fee to the Legislature or either house, and to
11 any state officer, board, or commission, and to any county attorney or district attorney, when
12 required, upon any question of law relating to their respective offices;
13 (8) when required by the public service or directed by the governor, assist any district or
14 county attorney in the discharge of his duties;
15 (9) purchase in the name of the state, under the direction of the state Board of Examiners,
16 any property offered for sale under execution issued upon judgments in favor of or for the use of
17 the state, and enter satisfaction in whole or in part of the judgments as the consideration of the
18 purchases;
19 (10) when the property of a judgment debtor in any judgment mentioned in Subsection (9)
20 has been sold under a prior judgment, or is subject to any judgment, lien, or encumbrance taking
21 precedence of the judgment in favor of the state, redeem the property, under the direction of the
22 state Board of Examiners, from the prior judgment, lien, or encumbrance, and pay all money
23 necessary for the redemption, upon the order of the state Board of Examiners, out of any money
24 appropriated for these purposes;
25 (11) when in his opinion it is necessary for the collection or enforcement of any judgment,
26 institute and prosecute on behalf of the state any action or proceeding necessary to set aside and
27 annul all conveyances fraudulently made by the judgment debtors, and pay the cost necessary to
28 the prosecution, when allowed by the state Board of Examiners, out of any money not otherwise
29 appropriated;
30 (12) discharge the duties of a member of all official boards of which he is or may be made
31 a member by the Utah Constitution or by the laws of the state, and other duties prescribed by law;
1 (13) institute and prosecute proper proceedings in any court of the state or of the United
2 States, to restrain and enjoin corporations organized under the laws of this or any other state or
3 territory from acting illegally or in excess of their corporate powers or contrary to public policy,
4 and in proper cases forfeit their corporate franchises, dissolve the corporations, and wind up their
5 affairs;
6 (14) institute investigations for the recovery of all real or personal property that may have
7 escheated or should escheat to the state, and for that purpose he may cite any persons before any
8 of the district courts to answer inquiries and render accounts concerning any property, may
9 examine all books and papers of any corporations, and when any real or personal property is
10 discovered that should escheat to the state, the attorney general shall institute suit in the district
11 court of the county where the property is situated for its recovery, and escheat that property to the
12 state;
13 (15) administer the Children's Justice Center as a program to be implemented in various
14 counties pursuant to Sections 67-5b-101 through 67-5b-107; [
15 (16) assist the Constitutional Defense Council as provided in Section 63C-4-102[
16 (17) investigate, and assist law enforcement agencies and prosecutors in the investigation
17 of, civil or criminal offenses.
18 Section 6. Section 77-1-8 is enacted to read:
19 77-1-8. Prosecutor authorized to conduct investigations _ Communications with
20 represented persons during investigations allowed.
21 A prosecutor authorized to investigate criminal or civil offenses may, in the course of an
22 investigation:
23 (1) communicate or assist in a communication with a person, whether or not the person
24 is represented by legal counsel, if the represented person is not presently charged with an offense
25 that is a subject of the communication and a law enforcement officer may lawfully make the
26 communication; and
27 (2) advise a law enforcement agency concerning the agency's investigation, including legal
28 advice on communications with represented persons, at any time.
29 Section 7. Section 77-23a-8 is amended to read:
30 77-23a-8. Court order to authorize or approve interception -- Procedure.
31 (1) The attorney general of the state, any assistant attorney general specially designated
1 by the attorney general, any county attorney, district attorney, deputy county attorney, or deputy
2 district attorney specially designated by the county attorney or by the district attorney, may
3 authorize an application to a judge of competent jurisdiction for an order for an interception of
4 wire, electronic, or oral communications by any law enforcement agency of the state, the federal
5 government or of any political subdivision of the state that is responsible for investigating the type
6 of offense for which the application is made. An attorney authorized to act under this chapter may
7 advise and assist law enforcement investigators in the application and execution of the court's
8 order in any manner permitted by law, regardless of whether the persons subject to investigation
9 are represented by legal counsel.
10 (2) The judge may grant the order in conformity with the required procedures when the
11 interception sought may provide or has provided evidence of the commission of:
12 (a) aggravated murder, Section 76-5-202; murder, Section 76-5-203; manslaughter,
13 Section 76-5-205;
14 (b) aggravated kidnapping, Section 76-5-302; child kidnapping, Section 76-5-301.1;
15 kidnapping, Section 76-5-301;
16 (c) threat against life or property offense punishable by a maximum term of imprisonment
17 of more than one year, Section 76-5-107;
18 (d) aggravated arson, Section 76-6-103; arson, Section 76-6-102;
19 (e) aggravated burglary, Section 76-6-203; burglary, Section 76-6-202;
20 (f) aggravated robbery, Section 76-6-302; robbery, Section 76-6-301;
21 (g) theft, Section 76-6-404; theft by deception, Section 76-6-405; theft by extortion,
22 Section 76-6-406; when the theft, theft by deception or theft by extortion, is punishable by a
23 maximum term of imprisonment of more than one year;
24 (h) receiving stolen property offense punishable by a maximum term of imprisonment of
25 more than one year, Section 76-6-408;
26 (i) bribery of a labor official, Section 76-6-509;
27 (j) financial card transaction offenses punishable by a maximum term of imprisonment of
28 more than one year, Section 76-6-506.1, 76-6-506.2, 76-6-506.3, 76-6-506.4, 76-6-506.5, or
29 76-6-506.6;
30 (k) criminal simulation offenses punishable by a maximum term of imprisonment of more
31 than one year, Section 76-6-518;
1 (l) criminal usury, Section 76-6-520;
2 (m) false or fraudulent insurance claim offenses punishable by a maximum term of
3 imprisonment of more than one year, Section 76-6-521;
4 (n) violations of the Computer Crimes Act punishable by a maximum term of
5 imprisonment of more than one year, Section 76-6-703;
6 (o) bribery to influence official or political actions, Section 76-8-103;
7 (p) misusing public moneys, Section 76-8-402;
8 (q) tampering with a witness, retaliation against a witness or informant, or bribery,
9 communicating a threat, Section 76-8-508;
10 (r) tampering with a juror, retaliation against a juror, Section 76-8-508.5;
11 (s) extortion or bribery to dismiss criminal proceeding, Section 76-8-509;
12 (t) tampering with evidence, Section 76-8-510;
13 (u) destruction of property to interfere with preparation for defense or war, Section
14 76-8-802;
15 (v) attempts to commit crimes of sabotage, Section 76-8-804;
16 (w) conspiracy to commit crimes of sabotage, Section 76-8-805;
17 (x) advocating criminal syndicalism or sabotage, Section 76-8-902;
18 (y) assembly for advocating criminal syndicalism or sabotage, Section 76-8-903;
19 (z) bribery or threat to influence a publicly exhibited contest, Section 76-6-514;
20 (aa) riot punishable by a maximum term of imprisonment of more than one year, Section
21 76-9-101;
22 (bb) dog fighting, training dogs for fighting, dog fighting exhibitions punishable by a
23 maximum term of imprisonment of more than one year, Section 76-9-301.1;
24 (cc) [
25 carrier, mailing, or placement on premises, Section 76-10-307;
26 (dd) [
27 possession, Section 76-10-308;
28 (ee) exploiting prostitution, Section 76-10-1305;
29 (ff) aggravated exploitation of prostitution, Section 76-10-1306;
30 (gg) bus hijacking, assault with intent to commit hijacking, dangerous weapon or firearm,
31 Section 76-10-1504;
1 (hh) bombing or placing bomb or explosive in, upon, or near terminal or bus, threats,
2 firearms, and missiles, Section 76-10-1505;
3 (ii) violations of [
4 the offenses listed under the definition of unlawful activity in the act, including the offenses not
5 punishable by a maximum term of imprisonment of more than one year when those offenses are
6 investigated as predicates for the offenses prohibited by the act, Subsection 76-10-1602(4);
7 (jj) money laundering, Sections 76-10-1903 and 76-10-1904;
8 (kk) reporting by financial institutions when the offense is punishable by a maximum term
9 of imprisonment of more than one year, Section 76-10-1906;
10 (ll) communications fraud, Section 76-10-1801;
11 (mm) any act prohibited by the criminal provisions of Title 58, Chapter 37, Utah
12 Controlled Substances Act; Title 58, Chapter 37c, Utah Controlled Substances Precursor Act; Title
13 58, Chapter 37d, Clandestine Drug Lab Act; punishable by a term of imprisonment of more than
14 one year;
15 (nn) any act prohibited by the criminal provisions of [
16 Uniform Securities Act and punishable by a term of imprisonment of more than one year, [
17
18 (oo) attempt, Section 76-4-101; conspiracy, Section 76-4-201; solicitation, Section
19 76-4-203; to commit any of the offenses enumerated above so long as the attempt, conspiracy or
20 solicitation offense is punishable by a term of imprisonment of more than one year.
21 Section 8. Section 77-23a-14 is amended to read:
22 77-23a-14. Court order for installation -- Application.
23 (1) The attorney general, a deputy attorney general, a county attorney or district attorney,
24 a deputy county attorney or deputy district attorney, or a prosecuting attorney for a political
25 subdivision of the state, or a law enforcement officer, may make application for an order or
26 extension of an order under Section 77-23a-15 authorizing or approving the installation and use
27 of a pen register or trap and trace device, in writing and under oath or equivalent affirmation, to
28 a court of competent jurisdiction.
29 (2) An application under Subsection (1) shall include:
30 (a) the identity of the attorney for the government or the law enforcement or investigative
31 officer making the application and the identity of the law enforcement agency conducting the
1 investigation; and
2 (b) a certification by the applicant that the information likely to be obtained is relevant to
3 an ongoing criminal investigation being conducted by that agency.
4 (3) An attorney authorized to make an application under Subsection (1) may advise and
5 assist law enforcement investigators in the investigation and execution of the court's order in any
6 manner permitted by law, regardless of whether the persons subject to the investigation are
7 represented by legal counsel.
Legislative Review Note
as of 12-12-96 2:03 PM
A limited legal review of this bill raises no obvious constitutional or statutory concerns.
Office of Legislative Research and General Counsel
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