H.B. 88

1

GRAND JURY AMENDMENTS
2 2006 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Curtis Oda
5 Senate Sponsor: ____________
6
7 LONG TITLE
8 General Description:
9 This bill allows a presiding judge to call a grand jury at the request of a district attorney,
10 county attorney, or the attorney general.
11 Highlighted Provisions:
12 This bill:
13 . gives a presiding judge more responsibility over the grand jury process by allowing
14 a presiding judge to call a grand jury under certain circumstances.
15 Monies Appropriated in this Bill:
16 None
17 Other Special Clauses:
18 None
19 Utah Code Sections Affected:
20 AMENDS:
21 77-10a-1, as enacted by Chapter 318, Laws of Utah 1990
22 77-10a-2, as last amended by Chapter 218, Laws of Utah 1994
23 78-3-29, as last amended by Chapter 171, Laws of Utah 1998
24
25 Be it enacted by the Legislature of the state of Utah:
26 Section 1. Section 77-10a-1 is amended to read:
27 77-10a-1. Definitions.

28 As used in this chapter:
29 (1) "Clerk of the court" means the state court administrator or his designee.
30 (2) "Managing judge" means the supervising judge when he retains authority to
31 manage a grand jury, or the district court judge to whom the supervising judge delegates
32 management of a grand jury.
33 (3) "Presiding judge" means the judge who is elected to preside over a judicial district
34 in accordance with Section 78-3-29 .
35 [(3)] (4) "Presiding officer" means the presiding officer of the Judicial Council.
36 [(4)] (5) "Subject" means a person whose conduct is within the scope of the grand
37 jury's investigation, and that conduct exposes the person to possible criminal prosecution.
38 [(5)] (6) "Supervising judge" means the district court judge appointed by the presiding
39 officer to supervise the five-judge grand jury panel.
40 [(6)] (7) "Target" means a person regarding whom the attorney for the state, the special
41 prosecutor, or the grand jury has substantial evidence that links that person to the commission
42 of a crime and who could be indicted or charged with that crime.
43 [(7)] (8) "Witness" means a person who appears before the grand jury either voluntarily
44 or pursuant to subpoena for the purpose of providing testimony or evidence for the grand jury's
45 use in discharging its responsibilities.
46 Section 2. Section 77-10a-2 is amended to read:
47 77-10a-2. Panel of judges -- Appointment -- Membership -- Ordering of grand
48 jury.
49 (1) (a) The presiding officer of the Judicial Council shall appoint a panel of five judges
50 from the district courts of the state to hear in secret all persons claiming information that would
51 justify the calling of a grand jury. The presiding officer may appoint senior status district court
52 judges to the panel. The presiding officer shall designate one member of the panel as
53 supervising judge to serve at the pleasure of the presiding officer. The panel has the authority
54 of the district court.
55 (b) To ensure geographical diversity on the panel one judge shall be appointed from the
56 first or second district for a five-year term, one judge shall be appointed from the third district
57 for a four-year term, one judge shall be appointed from the fourth district for a three-year term,
58 one judge shall be appointed from the fifth, sixth, seventh, or eighth districts for a two-year

59 term, and one judge shall be appointed from the third district for a one-year term. Following
60 the first term, all terms on the panel are for five years.
61 (c) The panel shall hold hearings in each judicial district at least once every three years
62 and may meet at any location within the state. Three members of the panel constitute a quorum
63 for the transaction of panel business. The panel shall act by the concurrence of a majority of
64 members present and may act through the supervising judge or managing judge. The schedule
65 for the hearings shall be set by the panel and published by the Office of the Court
66 Administrator. Persons appearing before the panel shall be placed under oath and examined by
67 the judges conducting the hearings. Hearsay evidence may be presented at the hearings only
68 under the same provisions and limitations that apply to preliminary hearings.
69 (2) (a) If the panel finds good cause to believe a grand jury is necessary, the panel shall
70 make its findings in writing and may order a grand jury to be summoned.
71 (b) The panel may refer a matter to the attorney general, county attorney, district
72 attorney, or city attorney for investigation and prosecution. The referral shall contain as much
73 of the information presented to the panel as the panel determines relevant. The attorney
74 general, county attorney, district attorney, or city attorney shall report to the panel the results of
75 any investigation and whether the matter will be prosecuted by a prosecutor's information. The
76 report shall be filed with the panel within 120 days after the referral unless the panel provides
77 for a different amount of time. If the panel is not satisfied with the action of the attorney
78 general, county attorney, district attorney, or city attorney, the panel may order a grand jury to
79 be summoned.
80 (3) When the attorney general, a county attorney, a district attorney, or a special
81 prosecutor appointed under Section 77-10a-12 certifies in writing to the supervising judge that
82 in his judgment a grand jury is necessary because of criminal activity in the state, the panel,
83 upon a determination of good cause, shall order a grand jury to be summoned.
84 (4) The supervising judge may at the time the grand jury is summoned:
85 (a) order that it be drawn from the state at large as provided in this chapter or from any
86 district within the state; and
87 (b) retain authority to supervise the grand jury or delegate the supervision of the grand
88 jury to any judge of any district court within the state.
89 (5) If the attorney general, a county attorney, a district attorney, or a special prosecutor

90 appointed under Section 77-10a-12 certifies in writing to a presiding judge that in his judgment
91 a grand jury is necessary because of criminal activity within the presiding judge's district, the
92 presiding judge, upon a determination of good cause, may order a grand jury to be summoned
93 within the district.
94 (a) The grand jury shall be drawn from within the district.
95 (b) The presiding judge may retain supervisory authority over the grand jury, or
96 delegate that authority to another judge within the district.
97 Section 3. Section 78-3-29 is amended to read:
98 78-3-29. Presiding judge -- Associate presiding judge -- Election -- Term --
99 Compensation -- Powers -- Duties.
100 (1) In judicial districts having more than one judge, the district court judges shall elect
101 one judge of the district to the office of presiding judge.
102 (2) In judicial districts having more than two judges, the district court judges may elect
103 one judge of the district to the office of associate presiding judge.
104 (3) In districts having five or more full-time judges, court commissioners, referees, or
105 hearing officers, the presiding judge shall receive an additional $1,000 per annum as
106 compensation.
107 (4) In districts having ten or more full-time judges, court commissioners, referees, or
108 hearing officers, the associate presiding judge shall receive an additional $1,000 per annum as
109 compensation.
110 (5) The presiding judge has the following authority and responsibilities, consistent with
111 the policies of the Judicial Council:
112 (a) implementing policies of the Judicial Council; and
113 (b) exercising powers and performing administrative duties as authorized by the
114 Judicial Council.
115 (6) A presiding judge may call a grand jury within his own district in accordance with
116 the provisions of Section 77-10a-2 .
117 [(6)] (7) When the presiding judge is unavailable, the associate presiding judge shall
118 assume the responsibilities of the presiding judge. The associate presiding judge shall perform
119 other duties assigned by the presiding judge.

Legislative Review Note
as of 1-5-06 1:06 PM

Based on a limited legal review, this legislation has not been determined to have a high
probability of being held unconstitutional.

Office of Legislative Research and General Counsel