S.B. 149

1

UTAH PROSECUTION COUNCIL AMENDMENTS
2 2001 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Ron Allen
5 This act amends the chapter creating the Utah Prosecution Council by adding the chair of
6 the Utah Prosecutorial Assistants Association as a voting member of the council. This act
7 also clarifies procedure for reimbursement of unusual prosecution expenses, amends
8 procedure for city prosecutors to be appointed to the council, and clarifies the terms of newly
9 appointed members.
10 This act affects sections of Utah Code Annotated 1953 as follows:
11 AMENDS:
12 67-5a-1, as last amended by Chapter 354, Laws of Utah 1997
13 67-5a-2, as last amended by Chapter 243, Laws of Utah 1996
14 Be it enacted by the Legislature of the state of Utah:
15 Section 1. Section 67-5a-1 is amended to read:
16 67-5a-1. Utah Prosecution Council -- Duties -- Membership.
17 (1) There is created within the Office of the Attorney General the Utah Prosecution
18 Council, referred to as the council in this chapter.
19 (2) The council shall:
20 (a) provide training and continuing legal education for state and local prosecutors;
21 (b) provide assistance to local prosecutors; and
22 (c) as funds are available, provide reimbursement for unusual expenses related to
23 prosecution for violations of state laws.
24 (3) The council shall be composed of [nine] ten members, selected as follows:
25 (a) the attorney general or [his] a designated representative;
26 (b) the commissioner of public safety or [his] a designated representative;
27 (c) four [elected and acting] currently serving county or district attorneys designated by

28 the county or district attorneys' section of the Utah Association of Counties; a county or district
29 attorney's term expires when a successor is designated by the county or district attorneys' section
30 or when he is no longer [an elected and acting] serving as a county attorney or district attorney,
31 whichever occurs first;
32 (d) two city prosecutors designated by the Utah [League of Cities and Towns] Municipal
33 Attorneys Association; a city prosecutor's term expires when a successor is designated by the
34 association or when he is no longer employed as a city prosecutor, whichever occurs first; [and]
35 (e) the [chairman] chair of the [Advisory] Board of Directors of the Statewide Association
36 of [Prosecutors] Public Attorneys of Utah[.]; and
37 (f) the chair of the governing board of the Utah Prosecutorial Assistants Association.
38 Section 2. Section 67-5a-2 is amended to read:
39 67-5a-2. Terms -- Filling vacancies -- Chair.
40 (1) The term of each council member is four years, unless the term is earlier terminated
41 by:
42 (a) the authority that designated the member; or
43 (b) the member ceasing to hold the office that qualified him for membership.
44 (2) A member whose term has expired may continue, for not more than four months, to
45 serve as a council member until a successor is selected and qualified.
46 [(2)] (3) Council members may serve for more than one successive term.
47 [(3)] (4) When a vacancy occurs in the membership for any reason, the replacement shall
48 be appointed for [the unexpired] a full term that commences on the date of appointment.
49 [(4)] (5) The council shall elect by a majority vote one of its members as chair at its first
50 meeting and then annually.




Legislative Review Note
as of 1-23-01 2:49 PM

A limited legal review of this legislation raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel