S.B. 149 Enrolled

UTAH PROSECUTION COUNCIL AMENDMENTS
2001 GENERAL SESSION
STATE OF UTAH
Sponsor: Ron Allen
This act amends the chapter creating the Utah Prosecution Council by adding the chair of
the Utah Prosecutorial Assistants Association as a voting member of the council. This act
also clarifies procedure for reimbursement of unusual prosecution expenses, amends
procedure for city prosecutors to be appointed to the council, and clarifies the terms of newly
appointed members.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
67-5a-1, as last amended by Chapter 354, Laws of Utah 1997
67-5a-2, as last amended by Chapter 243, Laws of Utah 1996
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 67-5a-1 is amended to read:
67-5a-1. Utah Prosecution Council -- Duties -- Membership.
(1) There is created within the Office of the Attorney General the Utah Prosecution
Council, referred to as the council in this chapter.
(2) The council shall:
(a) provide training and continuing legal education for state and local prosecutors;
(b) provide assistance to local prosecutors; and
(c) as funds are available and as are budgeted for this purpose, provide reimbursement for
unusual expenses related to prosecution for violations of state laws.
(3) The council shall be composed of [nine] ten members, selected as follows:
(a) the attorney general or [his] a designated representative;
(b) the commissioner of public safety or [his] a designated representative;
(c) four [elected and acting] currently serving county or district attorneys designated by
the county or district attorneys' section of the Utah Association of Counties; a county or district
attorney's term expires when a successor is designated by the county or district attorneys' section

or when he is no longer [an elected and acting] serving as a county attorney or district attorney,
whichever occurs first;
(d) two city prosecutors designated by the Utah [League of Cities and Towns] Municipal
Attorneys Association; a city prosecutor's term expires when a successor is designated by the
association or when he is no longer employed as a city prosecutor, whichever occurs first; [and]
(e) the [chairman] chair of the [Advisory] Board of Directors of the Statewide Association
of [Prosecutors] Public Attorneys of Utah[.]; and
(f) the chair of the governing board of the Utah Prosecutorial Assistants Association.
Section 2. Section 67-5a-2 is amended to read:
67-5a-2. Terms -- Filling vacancies -- Chair.
(1) The term of each council member is four years, unless the term is earlier terminated by:
(a) the authority that designated the member; or
(b) the member ceasing to hold the office that qualified him for membership.
(2) A member whose term has expired may continue, for not more than four months, to serve
as a council member until a successor is selected and qualified.
[(2)] (3) Council members may serve for more than one successive term.
[(3)] (4) When a vacancy occurs in the membership for any reason, the replacement shall be
appointed for [the unexpired] a full term that commences on the date of appointment.
[(4)] (5) The council shall elect by a majority vote one of its members as chair at its first
meeting and then annually.

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