H.B. 293

1

MAGISTRATE AUTHORITY
2 1997 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Byron L. Harward
5 AN ACT RELATING TO JUDICIAL CODE; LIMITING SEARCH WARRANT AUTHORITY
6 TO THE JUDICIAL DISTRICT; CLARIFYING THAT ARREST WARRANT AUTHORITY
7 IS STATEWIDE; AND MAKING TECHNICAL CORRECTIONS.
8 This act affects sections of Utah Code Annotated 1953 as follows:
9 AMENDS:
10 78-7-17.5, as last amended by Chapter 35, Laws of Utah 1994
11 Be it enacted by the Legislature of the state of Utah:
12 Section 1. Section 78-7-17.5 is amended to read:
13 78-7-17.5. Authority of magistrate.
14 (1) Except as otherwise provided by law, a magistrate as defined in Section 77-1-3 shall
15 have the authority to:
16 (a) commit a person to incarceration prior to trial;
17 (b) set or deny bail under Section 77-20-1 and release upon the payment of bail and
18 satisfaction of any other conditions of release;
19 (c) issue to any place in the state summonses and warrants of [search and] arrest;
20 (d) authorize administrative traffic checkpoints under Section 77-23-104 and issue search
21 warrants within the judicial district;
22 [(d)] (e) conduct an initial appearance in a felony;
23 [(e)] (f) conduct arraignments;
24 [(f)] (g) conduct a preliminary examination to determine probable cause;
25 [(g)] (h) appoint attorneys and order recoupment of attorney fees;
26 [(h)] (i) order the preparation of presentence investigations and reports; [and]
27 [(i)] (j) issue temporary orders as provided by rule of the Judicial Council; and

1 (k) perform any other act or function authorized by statute.
2 (2) A judge of the justice court may exercise the authority of a magistrate specified in
3 Subsection (1) with the following limitations:
4 (a) a judge of the justice court may conduct an initial appearance, preliminary examination,
5 or arraignment in a felony case as provided by rule of the Judicial Council; and
6 (b) a judge of the justice court may not set bail in a capital or first degree felony nor deny
7 bail in any case.




Legislative Review Note
as of 1-29-97 2:11 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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