First Substitute H.B. 36

Representative David L. Zolman proposes to substitute the following bill:

1 JUROR REIMBURSEMENT
2 1998 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: David L. Zolman
5 AN ACT RELATING TO FEES; INCREASING THE JUROR AND WITNESS FEES FROM
6 $17 TO $20 FOR THE FIRST DAY AND $49 PER DAY FOR THE REMAINING DAYS;
7 AND PROVIDING AN EFFECTIVE DATE.
8 This act affects sections of Utah Code Annotated 1953 as follows:
9 AMENDS:
10 21-5-4, as last amended by Chapter 194, Laws of Utah 1997
11 Be it enacted by the Legislature of the state of Utah:
12 Section 1. Section 21-5-4 is amended to read:
13 21-5-4. Fees and mileage.
14 (1) Every juror and witness legally required or in good faith requested to attend a trial
15 court of record or not of record or a grand jury is entitled to:
16 (a) [$17] $20 for [each] the first day [in] of attendance and $49 per day for each
17 subsequent day of attendance; and
18 (b) if traveling more than 50 miles, $1 for each four miles in excess of 50 miles actually
19 and necessarily traveled in going only, regardless of county lines.
20 (2) Persons in the custody of a penal institution upon conviction of a criminal offense are
21 not entitled to a witness fee.
22 (3) A witness attending from outside the state in a civil case is allowed mileage at the rate
23 of 25 cents per mile and is taxed for the distance actually and necessarily traveled inside the state
24 in going only.
25 (4) If the witness is attending from outside the state in a criminal case, the state shall

1 reimburse the witness under Section 77-21-3.
2 (5) A prosecution witness or a witness subpoenaed by an indigent defendant attending
3 from outside the county but within the state may receive reimbursement for necessary lodging and
4 meal expenses under rule of the Judicial Council.
5 (6) There is created within the General Fund, a restricted account known as the CASA
6 Volunteer Account. A juror may donate the juror's fee to the CASA Volunteer Account in [$17]
7 $20 or $49 increments. The Legislature shall annually appropriate money from the CASA
8 Volunteer Account to the Administrative Office of the Courts for the purpose of recruiting,
9 training, and supervising volunteers for the Court Appointed Special Advocate program
10 established pursuant to Section 78-3a-912.
11 Section 2. Effective date.
12 This act takes effect on July 1, 1998.

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