First Substitute 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 JUSTICE COURT JUDGES'
6 AUTHORITY TO ISSUE SEARCH WARRANTS AND ADMINISTRATIVE TRAFFIC
7 CHECKPOINT AUTHORIZATIONS TO THE JUDICIAL DISTRICT; CLARIFYING THAT
8 ARREST WARRANT AUTHORITY IS STATEWIDE; AND MAKING TECHNICAL
9 CORRECTIONS.
10 This act affects sections of Utah Code Annotated 1953 as follows:
11 AMENDS:
12 78-5-103, as last amended by Chapter 226, Laws of Utah 1992
13 78-7-17.5, as last amended by Chapter 35, Laws of Utah 1994
14 Be it enacted by the Legislature of the state of Utah:
15 Section 1. Section 78-5-103 is amended to read:
16 78-5-103. Territorial jurisdiction -- Voting.
17 (1) Except as provided in Section 10-3-923, the territorial jurisdiction of county justice
18 courts extends to the limits of the precinct for which the justice court is created and includes all
19 cities or towns within the precinct, except cities where a municipal justice court exists.
20 (2) The territorial jurisdiction of municipal justice courts extends to the corporate limits
21 of the municipality in which the justice court is created.
22 (3) The territorial jurisdiction of county and municipal justice courts functioning as
23 magistrates extends beyond the boundaries in Subsections (1) and (2):
24 (a) as set forth in Section 78-7-17.5; and
25 (b) to the extent necessary to carry out magisterial functions under Subsection 77-7-23 (2)
26 regarding jailed persons.
27 (4) For election of county justice court judges, all registered voters in the county justice

1 court precinct may vote at the judge's retention election.
2 Section 2. Section 78-7-17.5 is amended to read:
3 78-7-17.5. Authority of magistrate.
4 (1) Except as otherwise provided by law, a magistrate as defined in Section 77-1-3 shall
5 have the authority to:
6 (a) commit a person to incarceration prior to trial;
7 (b) set or deny bail under Section 77-20-1 and release upon the payment of bail and
8 satisfaction of any other conditions of release;
9 (c) issue to any place in the state summonses and warrants of search and arrest and
10 authorize administrative traffic checkpoints under Section 77-23-104;
11 (d) conduct an initial appearance in a felony;
12 (e) conduct arraignments;
13 (f) conduct a preliminary examination to determine probable cause;
14 (g) appoint attorneys and order recoupment of attorney fees;
15 (h) order the preparation of presentence investigations and reports; [and]
16 (i) issue temporary orders as provided by rule of the Judicial Council; and
17 (j) perform any other act or function authorized by statute.
18 (2) A judge of the justice court may exercise the authority of a magistrate specified in
19 Subsection (1) with the following limitations:
20 (a) a judge of the justice court may conduct an initial appearance, preliminary examination,
21 or arraignment in a felony case as provided by rule of the Judicial Council; and
22 (b) a judge of the justice court may not set bail in a capital or first degree felony nor deny
23 bail in any case[.]; and
24 (c) a judge of the justice court may authorize administrative traffic checkpoints under
25 Section 77-23-104 and issue search warrants only within the judicial district.

- 2 -