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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


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