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H.B. 330 Enrolled
AN ACT RELATING TO JUDICIAL CODE; CLARIFYING HOW INTEREST ON CRIMINAL
PENALTIES IS PAID TO THE GOVERNMENTAL ENTITY TO WHICH THE REVENUE IS
PAID; ELIMINATING THE REQUIREMENT OF THE COUNTY ATTORNEY TO MONITOR
ACCOUNTS RECEIVABLE; CLARIFYING THE FEE AMOUNT FOR A COUNTERCLAIM
WITHOUT A CLAIM FOR MONETARY DAMAGES; CONFORMING CONCURRENT
JURISDICTION OF JUVENILE COURT TO THAT OF DISTRICT COURT; CORRECTING
A PROVISION REGARDING SURCHARGES ON COMPENSATORY SERVICE; AND
INCREASING THE FEE FOR TRANSCRIBING HEARINGS.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
15-1-4, as last amended by Chapter 279, Laws of Utah 1999
17-18-1 (Effective 01/01/01), as last amended by Chapter 372, Laws of Utah 1995
17-18-1 (Superseded 01/01/01), as last amended by Chapter 302, Laws of Utah 1995
21-1-5, as last amended by Chapter 309, Laws of Utah 1999
78-3a-104, as last amended by Chapters 99 and 164, Laws of Utah 1999
78-3a-105, as last amended by Chapter 274, Laws of Utah 1998
78-3a-118, as last amended by Chapters 103 and 363, Laws of Utah 1999
78-56-108, as last amended by Chapter 171, Laws of Utah 1998
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 15-1-4 is amended to read:
15-1-4. Interest on judgments.
(1) As used in this section, "federal postjudgment interest rate" means the interest rate
established for the federal court system under 28 U.S.C. Sec. 1961, as amended.
(2) Any judgment rendered on a lawful contract shall conform to the contract and shall bear
the interest agreed upon by the parties, which shall be specified in the judgment.
(3) (a) Except as otherwise provided by law, other civil and criminal judgments of the district
court and justice court shall bear interest at the federal postjudgment interest rate as of January 1 of
each year, plus 2%.
(b) The postjudgment interest rate in effect at the time of the judgment shall remain the
interest rate for the duration of the judgment.
(c) The interest on criminal judgments shall be calculated on the total amount of the
judgment.
(d) Interest paid on state revenue shall be deposited in accordance with Section 63A-8-301 .
(e) Interest paid on revenue to a county or municipality shall be paid to the general fund of
the county or municipality.
Section 2. Section 17-18-1 (Effective 01/01/01) is amended to read:
17-18-1 (Effective 01/01/01). Powers -- Duties of county attorney -- Prohibitions.
(1) (a) In each county which is not within a prosecution district, the county attorney is a
public prosecutor and shall:
(i) conduct on behalf of the state all prosecutions for public offenses committed within the
county, except for prosecutions undertaken by the city attorney under Section 10-3-928 and appeals
from them;
(ii) institute proceedings before the proper magistrate for the arrest of persons charged with
or reasonably suspected of any public offense when in possession of information that the offense has
been committed, and for that purpose shall attend court in person or by deputy in cases of arrests
when required; and
(iii) when it does not conflict with other official duties, attend to all legal business required
in the county by the attorney general without charge when the interests of the state are involved.
(b) All the duties and powers of public prosecutor shall be assumed and discharged by the
county attorney.
(2) The county attorney:
(a) shall appear and prosecute for the state in the district court of the county in all criminal
prosecutions;
(b) may, subject to Title 67, Chapter 23, Public Attorneys Act, appear and prosecute in all
civil cases in which the state may be interested; and
(c) shall render assistance as required by the attorney general in all cases that may be appealed
to the Supreme Court and shall prosecute the appeal from any crime charged by the county attorney
as a misdemeanor in the district court.
(3) The county attorney shall:
(a) attend the deliberations of the grand jury;
(b) draw all indictments and informations for offenses against the laws of this state within the
county;
(c) cause all persons indicted or informed against to be speedily arraigned;
(d) cause all witnesses for the state to be subpoenaed to appear before the court or grand
jury;
(e) examine carefully into the sufficiency of all appearance bonds that may be tendered to the
district court of the county;
(f) upon the order of the court, institute proceedings in the name of the state for recovery
upon the forfeiture of any appearance or other bonds running to the state and enforce the collection
of them; and
(g) perform other duties as required by law.
(4) The county attorney shall:
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(a) ascertain by all practicable means what estate or property within the county has escheated
or reverted to the state;
(b) require the assessor of taxes of the county to furnish annually a list of all real or personal
property that may have so escheated or reverted; and
(c) file a copy of the list in the office of the state auditor and of the attorney general.
[
(a) each year on the first business day of August file a report with the attorney general
covering the preceding fiscal year, stating the number of criminal prosecutions in the district, the
character of the offenses charged, the number of convictions, the amount of fines and penalties
imposed, and the amount collected; and
(b) call attention to any defect in the operation of the laws and suggest amendments to
correct the defect.
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(a) appear and prosecute for the state in the juvenile court of the county in any proceeding
involving delinquency;
(b) represent the state in any proceeding pending before the juvenile court if any rights to the
custody of any juvenile are asserted by any third person; and
(c) prosecute before the court any person charged with abuse, neglect, or contributing to the
delinquency or dependency of a juvenile.
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attorney shall:
(a) defend all actions brought against the county;
(b) prosecute all actions for the recovery of debts, fines, penalties, and forfeitures accruing
to the county;
(c) give, when required and without fee, an opinion in writing to county, district, and precinct
officers on matters relating to the duties of their respective offices;
(d) deliver receipts for money or property received in an official capacity and file duplicates
with the county treasurer; and
(e) on the first Monday of each month file with the auditor an account verified by oath of all
money received in an official capacity during the preceding month, and at the same time pay it over
to the county treasurer.
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(a) in any manner consult, advise, counsel, or defend within this state any person charged
with any crime, misdemeanor, or breach of any penal statute or ordinance;
(b) be qualified to prosecute or dismiss in the name of the state any case in which the county
attorney has previously acted as counsel for the accused on the pending charge; or
(c) in any case compromise any cause or enter a nolle prosequi after the filing of an
indictment or information without the consent of the court.
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recommends that the county attorney in any county is unable to satisfactorily and adequately perform
the duties in prosecuting a criminal case without additional legal assistance, the attorney general shall
provide the additional assistance.
Section 3. Section 17-18-1 (Superseded 01/01/01) is amended to read:
17-18-1 (Superseded 01/01/01). Powers -- Duties of county attorney -- Prohibitions.
(1) In each county which is not within a prosecution district, the county attorney is a public
prosecutor and shall:
(a) conduct on behalf of the state all prosecutions for public offenses committed within the
county, except for prosecutions undertaken by the city attorney under Section 10-3-928 and appeals
from them;
(b) institute proceedings before the proper magistrate for the arrest of persons charged with
or reasonably suspected of any public offense when in possession of information that the offense has
been committed, and for that purpose shall attend court in person or by deputy in cases of arrests
when required; and
(c) when it does not conflict with other official duties, attend to all legal business required
in the county by the attorney general without charge when the interests of the state are involved. All
the duties and powers of public prosecutor shall be assumed and discharged by the county attorney.
(2) The county attorney:
(a) shall appear and prosecute for the state in the district court of the county in all criminal
prosecutions;
(b) may appear and prosecute in all civil cases in which the state may be interested; and
(c) shall render assistance as required by the attorney general in all cases that may be appealed
to the Supreme Court and shall prosecute the appeal from any crime charged by the county attorney
as a misdemeanor in the district court.
(3) The county attorney shall:
(a) attend the deliberations of the grand jury;
(b) draw all indictments and informations for offenses against the laws of this state within the
county;
(c) cause all persons indicted or informed against to be speedily arraigned;
(d) cause all witnesses for the state to be subpoenaed to appear before the court or grand
jury;
(e) examine carefully into the sufficiency of all appearance bonds that may be tendered to the
district court of the county;
(f) upon the order of the court, institute proceedings in the name of the state for recovery
upon the forfeiture of any appearance or other bonds running to the state and enforce the collection
of them; and
(g) perform other duties as required by law.
(4) The county attorney shall:
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(a) ascertain by all practicable means what estate or property within the county has escheated
or reverted to the state;
(b) require the assessor of taxes of the county to furnish annually a list of all real or personal
property that may have so escheated or reverted; and
(c) file a copy of the list in the office of the state auditor and of the attorney general.
[
(a) each year on the first business day of August file a report with the attorney general
covering the preceding fiscal year, stating the number of criminal prosecutions in the district, the
character of the offenses charged, the number of convictions, the amount of fines and penalties
imposed, and the amount collected; and
(b) call attention to any defect in the operation of the laws and suggest amendments to
correct the defect.
[
(a) appear and prosecute for the state in the juvenile court of the county in any proceeding
involving delinquency;
(b) represent the state in any proceeding pending before the juvenile court if any rights to the
custody of any juvenile are asserted by any third person; and
(c) prosecute before the court any person charged with abuse, neglect, or contributing to the
delinquency or dependency of a juvenile.
[
(a) defend all actions brought against the county;
(b) prosecute all actions for the recovery of debts, fines, penalties, and forfeitures accruing
to the county;
(c) give, when required and without fee, an opinion in writing to county, district, and precinct
officers on matters relating to the duties of their respective offices;
(d) deliver receipts for money or property received in an official capacity and file duplicates
with the county treasurer; and
(e) on the first Monday of each month file with the auditor an account verified by oath of all
money received in an official capacity during the preceding month, and at the same time pay it over
to the county treasurer.
[
(a) in any manner consult, advise, counsel, or defend within this state any person charged
with any crime, misdemeanor, or breach of any penal statute or ordinance;
(b) be qualified to prosecute or dismiss in the name of the state any case in which the county
attorney has previously acted as counsel for the accused on the pending charge; or
(c) in any case compromise any cause or enter a nolle prosequi after the filing of an
indictment or information without the consent of the court.
[
recommends that the county attorney in any county is unable to satisfactorily and adequately perform
the duties in prosecuting a criminal case without additional legal assistance, the attorney general shall
provide the additional assistance.
Section 4. Section 21-1-5 is amended to read:
21-1-5. Civil fees of the courts of record -- Courts complex design.
(1) (a) The fee for filing any civil complaint or petition invoking the jurisdiction of a court
of record not governed by another subsection is $120.
(b) The fee for filing a complaint or petition is:
(i) $37 if the claim for damages or amount in interpleader exclusive of court costs, interest,
and attorney fees is $2,000 or less;
(ii) $80 if the claim for damages or amount in interpleader exclusive of court costs, interest,
and attorney fees is greater than $2,000 and less than $10,000;
(iii) $120 if the claim for damages or amount in interpleader is $10,000 or more; and
(iv) $80 if the petition is filed under Title 30, Chapter 3, Divorce, or Title 30, Chapter 4,
Separate Maintenance.
(c) The fee for filing a small claims affidavit is:
(i) $37 if the claim for damages or amount in interpleader exclusive of court costs, interest,
and attorney fees is $2,000 or less; and
(ii) $60 if the claim for damages or amount in interpleader exclusive of court costs, interest,
and attorney fees is greater than $2,000.
(d) The fee for filing a counter claim, cross claim, complaint in intervention, third party
complaint, or other claim for relief against an existing or joined party other than the original complaint
or petition is:
(i) $45 if the claim for relief exclusive of court costs, interest, and attorney fees is $2,000 or
less;
(ii) $60 if the claim for relief exclusive of court costs, interest, and attorney fees is greater
than $2,000 and less than $10,000;
(iii) $90 if the original petition is filed under Subsection (1)(a) [
is $10,000 or more, or the party seeks relief other than monetary damages; and
(iv) $60 if the original petition is filed under Title 30, Chapter 3, Divorce, or Title 30,
Chapter 4, Separate Maintenance.
(e) The fee for filing a small claims counter affidavit is:
(i) $35 if the claim for relief exclusive of court costs, interest, and attorney fees is $2,000 or
less; and
(ii) $50 if the claim for relief exclusive of court costs, interest, and attorney fees is greater
than $2,000.
(f) The fee for depositing funds under Section 57-1-29 when not associated with an action
already before the court is determined under Subsection (1)(b) based on the amount deposited.
(g) The fee for filing a petition for trial de novo of an adjudication of the justice court or of
the small claims department is $70.
(h) The fee for filing a notice of appeal, petition for appeal of an interlocutory order, or
petition for writ of certiorari is $190.
(i) (i) Except for a petition filed under Subsection 77-18-10 (2), the fee for filing a petition
for expungement is $50.
(ii) There is no fee for a petition filed under Subsection 77-18-10 (2).
(j) (i) Fifteen dollars of the fees established by Subsections (1)(a) through (i) shall be
allocated to the Judges' Retirement Trust Fund, as provided in Title 49, Chapter 6, Judges' Retirement
Act.
(ii) Two dollars of the fees established by Subsections (1)(a) through (i) shall be allocated
by the state treasurer to be deposited in the restricted account, Children's Legal Defense Account,
as provided in Section 63-63a-8 .
(iii) One dollar of the fees established under Subsections (1)(a) through (e), (1)(g), and (1)(r)
shall be allocated to and deposited with the Dispute Resolution Fund as provided in Section 78-31b-9 .
(k) The fee for filing a judgment, order, or decree of a court of another state or of the United
States is $25.
(l) The fee for filing probate or child custody documents from another state is $25.
(m) (i) The fee for filing an abstract or transcript of judgment, order, or decree of the Utah
State Tax Commission is $30.
(ii) The fee for filing an abstract or transcript of judgment of a court of law of this state or
a judgment, order, or decree of an administrative agency, commission, board, council, or hearing
officer of this state or of its political subdivisions other than the Utah State Tax Commission, is $40.
(n) The fee for filing a judgment by confession without action under Section 78-22-3 is $25.
(o) The fee for filing an award of arbitration for confirmation, modification, or vacation under
Title 78, Chapter 31a, Utah Arbitration Act, that is not part of an action before the court is $25.
(p) The fee for filing a petition or counter-petition to modify a decree of divorce is $30.
(q) The fee for filing any accounting required by law is:
(i) $10 for an estate valued at $50,000 or less;
(ii) $20 for an estate valued at $75,000 or less but more than $50,000;
(iii) $40 for an estate valued at $112,000 or less but more than $75,000;
(iv) $80 for an estate valued at $168,000 or less but more than $112,000; and
(v) $150 for an estate valued at more than $168,000.
(r) The fee for filing a demand for a civil jury is $50.
(s) The fee for filing a notice of deposition in this state concerning an action pending in
another state under Utah Rule of Civil Procedure 26 is $25.
(t) The fee for filing documents that require judicial approval but are not part of an action
before the court is $25.
(u) The fee for a petition to open a sealed record is $25.
(v) The fee for a writ of replevin, attachment, execution, or garnishment is $20 in addition
to any fee for a complaint or petition.
(w) The fee for a petition for authorization for a minor to marry required by Section 30-1-9
is $5.
(x) The fee for a certificate issued under Section 26-2-25 is $2.
(y) The fee for a certified copy of a document is $2 per document plus 50 cents per page.
(z) The fee for an exemplified copy of a document is $4 per document plus 50 cents per page.
(aa) The Judicial Council shall by rule establish a schedule of fees for copies of documents
and forms and for the search and retrieval of records under Title 63, Chapter 2, Government Records
Access and Management Act. Fees under this subsection shall be credited to the court as a
reimbursement of expenditures.
(bb) There is no fee for services or the filing of documents not listed in this section or
otherwise provided by law.
(cc) Except as provided in this section, all fees collected under this section are paid to the
General Fund. Except as provided in this section, all fees shall be paid at the time the clerk accepts
the pleading for filing or performs the requested service.
(dd) The filing fees under this section may not be charged to the state, its agencies, or
political subdivisions filing or defending any action. In judgments awarded in favor of the state, its
agencies, or political subdivisions, except the Office of Recovery Services, the court shall order the
filing fees and collection costs to be paid by the judgment debtor. The sums collected under this
subsection shall be applied to the fees after credit to the judgment, order, fine, tax, lien, or other
penalty and costs permitted by law.
(2) (a) (i) From March 17, 1994 until June 30, 1998, the administrator of the courts shall
transfer all revenues representing the difference between the fees in effect after May 2, 1994, and the
fees in effect before February 1, 1994, as dedicated credits to the Division of Facilities Construction
and Management Capital Projects Fund.
(ii) (A) Except as provided in Subsection (2)(a)(ii)(B), the Division of Facilities Construction
and Management shall use up to $3,750,000 of the revenue deposited in the Capital Projects Fund
under this Subsection (2)(a) to design and take other actions necessary to initiate the development
of a courts complex in Salt Lake City.
(B) If the Legislature approves funding for construction of a courts complex in Salt Lake City
in the 1995 Annual General Session, the Division of Facilities Construction and Management shall
use the revenue deposited in the Capital Projects Fund under Subsection (2)(a)(ii) to construct a
courts complex in Salt Lake City.
(C) After the courts complex is completed and all bills connected with its construction have
been paid, the Division of Facilities Construction and Management shall use any monies remaining
in the Capital Projects Fund under Subsection (2)(a)(ii) to fund the Vernal District Court building.
(iii) The Division of Facilities Construction and Management may enter into agreements and
make expenditures related to this project before the receipt of revenues provided for under this
subsection.
(iv) The Division of Facilities Construction and Management shall:
(A) make those expenditures from unexpended and unencumbered building funds already
appropriated to the Capital Projects Fund; and
(B) reimburse the Capital Projects Fund upon receipt of the revenues provided for under this
Subsection (2).
(b) After June 30, 1998, the administrator of the courts shall ensure that all revenues
representing the difference between the fees in effect after May 2, 1994, and the fees in effect before
February 1, 1994, are transferred to the Division of Finance for deposit in the restricted account.
(c) The Division of Finance shall deposit all revenues received from the court administrator
into the restricted account created by this section.
(d) (i) From May 1, 1995 until June 30, 1998, the administrator of the courts shall transfer
$7 of the amount of a fine or bail forfeiture paid for a violation of Title 41, Motor Vehicles, in a court
of record to the Division of Facilities Construction and Management Capital Projects Fund. The
division of money pursuant to Section 78-3-14.5 shall be calculated on the balance of the fine or bail
forfeiture paid.
(ii) After June 30, 1998, the administrator of the courts shall transfer $7 of the amount of a
fine or bail forfeiture paid for a violation of Title 41, Motor Vehicles, in a court of record to the
Division of Finance for deposit in the restricted account created by this section. The division of
money pursuant to Section 78-3-14.5 shall be calculated on the balance of the fine or bail forfeiture
paid.
(3) (a) There is created within the General Fund a restricted account known as the State
Courts Complex Account.
(b) The Legislature may appropriate monies from the restricted account to the administrator
of the courts for the following purposes only:
(i) to repay costs associated with the construction of the court complex that were funded
from sources other than revenues provided for under this Subsection (3); and
(ii) to cover operations and maintenance costs on the court complex.
Section 5. Section 78-3a-104 is amended to read:
78-3a-104. Jurisdiction of juvenile court -- Original -- Exclusive.
(1) Except as otherwise provided by law, the juvenile court has exclusive original jurisdiction
in proceedings concerning:
(a) a minor who has violated any federal, state, or local law or municipal ordinance or a
person younger than 21 years of age who has violated any law or ordinance before becoming 18 years
of age, regardless of where the violation occurred, excluding traffic laws and ordinances;
(b) a person 21 years of age or older who has failed or refused to comply with an order of
the juvenile court to pay a fine or restitution, if the order was imposed prior to the person's 21st
birthday; however, the continuing jurisdiction is limited to causing compliance with existing orders;
(c) a minor who is an abused child, neglected child, or dependent child, as those terms are
defined in Section 78-3a-103 ;
(d) a protective order for a minor who is alleged to be an abused child or neglected child,
except as provided in Section 78-3a-105 , and unless the petition is filed by a natural parent or
stepparent of the minor against a natural parent or stepparent of the minor;
(e) the determination of the custody of a minor or to appoint a guardian of the person or
other guardian of a minor who comes within the court's jurisdiction under other provisions of this
section;
(f) the termination of the legal parent-child relationship in accordance with Part 4,
Termination of Parental Rights Act, including termination of residual parental rights and duties;
(g) the treatment or commitment of a mentally retarded minor;
(h) a minor who is a habitual truant from school;
(i) the judicial consent to the marriage of a minor under age 16 upon a determination of
voluntariness or where otherwise required by law, employment, or enlistment of a minor when
consent is required by law;
(j) any parent or parents of a minor committed to a secure youth corrections facility, to order,
at the discretion of the court and on the recommendation of a secure youth corrections facility, the
parent or parents of a minor committed to a secure youth corrections facility for a custodial term, to
undergo group rehabilitation therapy under the direction of a secure youth corrections facility
therapist, who has supervision of that parent's or parents' minor, or any other therapist the court may
direct, for a period directed by the court as recommended by a secure youth corrections facility;
(k) a minor under Title 55, Chapter 12, Interstate Compact on Juveniles;
(l) the treatment or commitment of a mentally ill child. The court may commit a child to the
physical custody of a local mental health authority or to the legal custody of the Division of Mental
Health in accordance with the procedures and requirements of Title 62A, Chapter 12, Part 2A,
Commitment of Persons Under Age 18 to Division of Mental Health. The court may not commit a
child directly to the Utah State Hospital;
(m) the commitment of a minor in accordance with Section 62A-8-501 ; and
(n) de novo review of final agency actions resulting from an informal adjudicative proceeding
as provided in Section 63-46b-15 .
(2) In addition to the provisions of Subsection (1)(a) the juvenile court has exclusive
jurisdiction over any traffic offense committed by a minor under 16 years of age and concurrent
jurisdiction over all other traffic offenses committed by a minor 16 years of age or older, except that
the court shall have exclusive jurisdiction over the following traffic offenses committed by a minor
under 18 years of age:
(a) Section 76-5-207 , automobile homicide;
(b) Section 41-6-44 , operating a vehicle while under the influence of alcohol or drugs;
(c) Section 41-6-45 , reckless driving;
(d) Section 41-1a-1314 , unauthorized control over a motor vehicle, trailer, or semitrailer for
an extended period of time; and
(e) Section 41-6-13.5 , fleeing a peace officer.
(3) The court also has jurisdiction over traffic offenses that are part of a single criminal
episode filed in a petition that contains an offense over which the court has jurisdiction.
(4) The juvenile court has jurisdiction over questions of custody, support, and visitation
certified to it by the district court pursuant to Section 78-3a-105 .
(5) The juvenile court has jurisdiction over an ungovernable or runaway minor who is
referred to it by the Division of Child and Family Services or by public or private agencies that
contract with the division to provide services to that minor where, despite earnest and persistent
efforts by the division or agency, the minor has demonstrated that he:
(a) is beyond the control of his parent, guardian, lawful custodian, or school authorities to
the extent that his behavior or condition endangers his own welfare or the welfare of others; or
(b) has run away from home.
(6) This section does not restrict the right of access to the juvenile court by private agencies
or other persons.
(7) The juvenile court has jurisdiction of all magistrate functions relative to cases arising
under Section 78-3a-602 .
Section 6. Section 78-3a-105 is amended to read:
78-3a-105. Concurrent jurisdiction -- District court and juvenile court.
(1) The district court or other court has concurrent jurisdiction with the juvenile court as
follows:
(a) when a person who is 18 years of age or older and who is under the continuing
jurisdiction of the juvenile court under Section 78-3a-118 violates any federal, state, or local law or
municipal ordinance;
(b) in adoption proceedings, when the juvenile court has previously entered an order
terminating the rights of a parent, and finds that adoption is in the best interest of the minor; adoption
proceedings under this section shall be conducted in accordance with the procedures described in
Title 78, Chapter 30, Adoption;
(c) in establishing paternity and ordering testing for the purposes of establishing paternity,
in accordance with Title 78, Chapter 45a, Uniform Act on Paternity, with regard to proceedings
initiated under Part 3, Abuse, Neglect, and Dependency Proceedings, or Part 4, Termination of
Parental Rights Act; and
(d) in proceedings brought on behalf of a minor pursuant to Title 30, Chapter 6, Cohabitant
Abuse Act, unless the petition is filed by a natural parent or stepparent of the minor against a natural
parent or stepparent of the minor.
(2) The juvenile court has jurisdiction over petitions to modify a minor's birth certificate if
the court otherwise has jurisdiction over the minor.
(3) (a) This section does not deprive the district court of jurisdiction to appoint a guardian
for a minor, or to determine the support, custody, and visitation of a minor upon writ of habeas
corpus or when the question of support, custody, and visitation is incidental to the determination of
a cause in the district court.
(b) However, if a petition involving the same minor is pending in the juvenile court or the
juvenile court has previously acquired continuing jurisdiction over the same minor, the district court
shall certify the question of support, custody, and visitation to the juvenile court for determination.
(4) When a question is certified to the juvenile court under Subsection (3), the findings and
order of the juvenile court judge are the order of the district court.
(5) (a) Where a support, custody, or visitation award has been made by a district court in a
divorce action or other proceeding, and the jurisdiction of the district court in the case is continuing,
the juvenile court may acquire jurisdiction in a case involving the same minor if the minor is
dependent, abused, neglected, or otherwise comes within the jurisdiction of the juvenile court under
Section 78-3a-104 .
(b) The juvenile court may, by order, change the custody, support, and visitation rights
previously ordered in the district court as necessary to implement the order of the juvenile court for
the safety and welfare of the minor. The juvenile court order remains in effect so long as the
jurisdiction of the juvenile court continues.
(6) When a copy of the findings and order of the juvenile court has been filed with the district
court, the findings and order of the juvenile court are binding on the parties to the divorce action as
though entered in the district court.
Section 7. Section 78-3a-118 is amended to read:
78-3a-118. Adjudication of jurisdiction of juvenile court -- Disposition of cases --
Enumeration of possible court orders -- Considerations of court.
(1) (a) When a minor is found to come within the provisions of Section 78-3a-104 , the court
shall so adjudicate. The court shall make a finding of the facts upon which it bases its jurisdiction
over the minor. However, in cases within the provisions of Subsection 78-3a-104 (1), findings of fact
are not necessary.
(b) If the court adjudicates a minor for a crime of violence or an offense in violation of Title
76, Chapter 10, Part 5, Weapons, it shall order that notice of the adjudication be provided to the
school superintendent of the district in which the minor resides or attends school. Notice shall be
made to the district superintendent within three days and shall include the specific offenses for which
the minor was adjudicated.
(2) Upon adjudication the court may make the following dispositions by court order:
(a) (i) The court may place the minor on probation or under protective supervision in the
minor's own home and upon conditions determined by the court, including compensatory service as
provided in Section 78-11-20.7 .
(ii) The court may place the minor in state supervision with the probation department of the
court, under the legal custody of his parent or guardian, the Division of Youth Corrections, or the
Division of Child and Family Services.
(iii) If the court orders probation or state supervision, the court shall direct that notice of its
order be provided to designated persons in the local law enforcement agency and the school or
transferee school, if applicable, which the minor attends. The designated persons may receive the
information for purposes of the minor's supervision and student safety.
(iv) Any employee of the local law enforcement agency and the school which the minor
attends who discloses the court's order of probation is not:
(A) civilly liable except when the disclosure constitutes fraud or malice as provided in Section
63-30-4 ; and
(B) civilly or criminally liable except when the disclosure constitutes a knowing violation of
Section 63-2-801 .
(b) The court may place the minor in the legal custody of a relative or other suitable person,
with or without probation or protective supervision, but the juvenile court may not assume the
function of developing foster home services.
(c) (i) The court may vest legal custody of the minor in the Division of Child and Family
Services, Division of Youth Corrections, or the Division of Mental Health, and may order the
Department of Human Services to provide dispositional recommendations and services.
(ii) For minors who may qualify for services from two or more divisions within the
Department of Human Services, the court may vest legal custody with the department.
(iii) Minors who are committed to the custody of the Division of Child and Family Services
on grounds other than abuse or neglect are subject to the provisions of Title 78, Chapter 3a, Part 3A,
Minors in Custody on Grounds Other Than Abuse or Neglect, and Title 62A, Chapter 4a, Part 2A,
Minors in Custody on Grounds Other Than Abuse or Neglect. Prior to making a recommendation
that the court place a minor in the custody of the Division of Child and Family Services on grounds
other than abuse or neglect, the probation department shall provide the division adequate with notice
for the division to attend the hearing.
(d) (i) The court may commit the minor to the Division of Youth Corrections for secure
confinement.
(ii) A minor under the jurisdiction of the court solely on the ground of abuse, neglect, or
dependency under Subsection 78-3a-104 (1)(c) may not be committed to the Division of Youth
Corrections.
(e) The court may commit the minor, subject to the court retaining continuing jurisdiction
over him, to the temporary custody of the Division of Youth Corrections for observation and
evaluation for a period not to exceed 45 days, which may be extended up to 15 days at the request
of the director.
(f) (i) The court may commit the minor to a place of detention or an alternative to detention
for a period not to exceed 30 days subject to the court retaining continuing jurisdiction over the
minor.
(ii) Subsection (2)(f) applies only to those minors adjudicated for an act which if committed
by an adult would be a criminal offense or for contempt of court under Section 78-3a-901 . This
commitment may be stayed or suspended upon conditions ordered by the court.
(g) The court may vest legal custody of an abused, neglected, or dependent minor in the
Division of Child and Family Services or any other appropriate person in accordance with the
requirements and procedures of Title 78, Chapter 3a, Part 3, Abuse, Neglect, and Dependency
Proceedings.
(h) The court may place the minor on a ranch or forestry camp, or similar facility for care and
also for work, if possible, if the person, agency, or association operating the facility has been
approved or has otherwise complied with all applicable state and local laws. A minor placed in a
forestry camp or similar facility may be required to work on fire prevention, forestation and
reforestation, recreational works, forest roads, and on other works on or off the grounds of the
facility and may be paid wages, subject to the approval of and under conditions set by the court.
(i) The court may order that the minor be required to repair, replace, or otherwise make
restitution for damage or loss caused by the minor's wrongful act, including costs of treatment as
stated in Section 78-3a-318 , and may impose fines in limited amounts.
(j) The court may issue orders necessary for the collection of restitution and fines ordered
by the court, including garnishments, wage withholdings, and executions.
(k) (i) The court may through its probation department encourage the development of
employment or work programs to enable minors to fulfill their obligations under Subsection (2)(i) and
for other purposes considered desirable by the court.
(ii) Consistent with the order of the court, the probation officer may permit the minor found
to be within the jurisdiction of the court to participate in a program of work restitution or
compensatory service in lieu of paying part or all of the fine imposed by the court. [
(l) In violations of traffic laws within the court's jurisdiction, the court may, in addition to any
other disposition, restrain the minor from driving for periods of time the court considers necessary
and take possession of the minor's driver license. However, proceedings involving an offense under
Section 78-3a-506 are governed by that section regarding suspension of driving privileges.
(m) (i) When a minor is found within the jurisdiction of the juvenile court under Section
78-3a-104 because of violating Section 58-37-8 , Title 58, Chapter 37a, Utah Drug Paraphernalia Act,
or Title 58, Chapter 37b, Imitation Controlled Substances Act, the court shall, in addition to any fines
or fees otherwise imposed, order that the minor perform a minimum of 20 hours, but no more than
100 hours, of compensatory service. Satisfactory completion of an approved substance abuse
prevention or treatment program may be credited by the court as compensatory service hours.
(ii) When a minor is found within the jurisdiction of the juvenile court under Section
78-3a-104 because of a violation of Section 32A-12-209 or Subsection 76-9-701 (1), the court may,
upon the first adjudication, and shall, upon a second or subsequent adjudication, order that the minor
perform a minimum of 20 hours, but no more than 100 hours of compensatory service, in addition
to any fines or fees otherwise imposed. Satisfactory completion of an approved substance abuse
prevention or treatment program may be credited by the court as compensatory service hours.
(n) The court may order that the minor be examined or treated by a physician, surgeon,
psychiatrist, or psychologist or that he receive other special care. For these purposes the court may
place the minor in a hospital or other suitable facility.
(o) (i) The court may appoint a guardian for the minor if it appears necessary in the interest
of the minor, and may appoint a public or private institution or agency as guardian in which legal
custody of the minor is vested.
(ii) In placing a minor under the guardianship or legal custody of an individual or of a private
agency or institution, the court shall give primary consideration to the welfare of the minor. When
practicable, the court may take into consideration the religious preferences of the minor and of the
minor's parents.
(p) (i) In support of a decree under Section 78-3a-104 , the court may order reasonable
conditions to be complied with by the parents or guardian, the minor, the minor's custodian, or any
other person who has been made a party to the proceedings. Conditions may include:
(A) visitation by the parents or one parent;
(B) restrictions on the minor's associates;
(C) restrictions on the minor's occupation and other activities; and
(D) requirements to be observed by the parents or custodian.
(ii) A minor whose parents or guardians successfully complete a family or other counseling
program may be credited by the court for detention, confinement, or probation time.
(q) The court may order the minor to be placed in the legal custody of the Division of Mental
Health or committed to the physical custody of a local mental health authority, in accordance with
the procedures and requirements of Title 62A, Chapter 12, Part 2A, Commitment of Persons Under
Age 18 to Division of Mental Health.
(r) The court may make an order committing a minor within its jurisdiction to the Utah State
Developmental Center if the minor has been found mentally retarded in accordance with the
provisions of Title 62A, Chapter 5, Part 3, Admission to Mental Retardation Facility. The procedure
applicable in the district courts with respect to judicial commitments to the Utah State Developmental
Center shall be followed by the juvenile court in these cases.
(s) The court may terminate all parental rights upon a finding of compliance with the
provisions of Title 78, Chapter 3a, Part 4, Termination of Parental Rights Act.
(t) The court may make any other reasonable orders for the best interest of the minor or as
required for the protection of the public, except that a person younger than 18 years of age may not
be committed to jail or prison, and offenses under Section 78-3a-506 are governed by that section
regarding suspension of driving privileges.
(u) The court may combine several of the above-listed modes of disposition if they are
compatible.
(v) Before depriving any parent of custody, the court shall give due consideration to the
rights of parents concerning their minors. The court may transfer custody of a minor to another
person, agency, or institution in accordance with the requirements and procedures of Title 78,
Chapter 3a, Part 3, Abuse, Neglect, and Dependency Proceedings.
(w) Except as provided in Subsection (2)(y)(i), an order under this section for probation or
placement of a minor with an individual or an agency shall include a date certain for a review of the
case by the court. A new date shall be set upon each review.
(x) In reviewing foster home placements, special attention shall be given to making adoptable
minors available for adoption without delay.
(y) (i) The juvenile court may enter an order of permanent custody and guardianship with a
relative or individual of a minor where the court has previously acquired jurisdiction as a result of an
adjudication of abuse, neglect, or dependency, excluding cases arising under Subsection
78-3a-105 (4).
(ii) Such orders remain in effect until the minor reaches majority and are not subject to review
under Section 78-3a-119 , but may be modified by petition or motion as provided in Section
78-3a-903 .
(iii) Orders permanently terminating the rights of a parent, guardian, or custodian and
permanent orders of custody and guardianship do not expire with a termination of jurisdiction of the
juvenile court.
(3) In addition to the dispositions described above, when a minor comes within the court's
jurisdiction he may be given a choice by the judge to serve in the National Guard in lieu of other
sanctions, provided:
(a) the minor meets the current entrance qualifications for service in the National Guard as
determined by a recruiter, whose determination is final;
(b) the minor is not under the jurisdiction of the court for any act that:
(i) would be a felony if committed by an adult;
(ii) is a violation of Title 58, Chapter 37, Controlled Substances; or
(iii) was committed with a weapon; and
(c) the court retains jurisdiction over the minor under conditions set by the juvenile court
judge and agreed upon by the recruiter or the unit the minor is eventually assigned to.
Section 8. Section 78-56-108 is amended to read:
78-56-108. Transcripts and copies -- Fees -- Establishment of Court Reporting
Technology Account.
(1) The Judicial Council shall by rule provide for a standard page format for transcripts of
court hearings.
[
be [
[
court and provide the person requesting the transcript with the certified copy. The cost of additional
copies shall be as provided in Subsection 21-1-5 (1). The transcript for an appeal shall be prepared
within the time period permitted by the rules of Appellate Procedure. The fee for a transcript
prepared within three business days of the request shall be 1-1/2 times the base rate. The fee for a
transcript prepared within one business day of the request shall be double the base rate.
(b) When a transcript is ordered by the court, the fees shall be paid by the parties to the action
in equal proportion or as ordered by the court. The fee for a transcript in a criminal case in which
the defendant is found to be impecunious shall be paid pursuant to Section 77-32-305 .
(c) There is established within the General Fund a restricted account known as the Court
Reporting Technology Account. The clerk of the court shall transfer to the state treasurer for deposit
into this account all fees received under this section. The state court administrator may draw upon
this account for the purchase, development, and maintenance of court reporting technologies and for
other expenses necessary for maintaining a verbatim record of court sessions.
[
transcriber other than an official court reporter and the fee for the preparation of the transcript by a
certified shorthand reporter of a hearing before any referee, master, board, or commission of this state
shall be as provided in Subsection [
transcript.
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