This document includes Senate Committee Amendments incorporated into the bill on Tue, Mar 7, 2017 at 1:32 PM by lucydaynes.
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7 LONG TITLE
8 General Description:
9 This bill amends provisions related to constables.
10 Highlighted Provisions:
11 This bill:
12 Ŝ→ [
13 ▸ clarifies which local entities are authorized to appoint a constable;
14 ▸ requires a nominating commission to provide notice that announces a county's or
15 city's intent to appoint a constable and specifies the qualifications required to be
16 considered for the appointment; and
17 ▸ makes technical and conforming changes.
18 Money Appropriated in this Bill:
19 None
20 Other Special Clauses:
21 None
22 Utah Code Sections Affected:
23 AMENDS:
24 17-25-1, as last amended by Laws of Utah 2003, Chapter 204
25 REPEALS AND REENACTS:
26 17-25a-1, as last amended by Laws of Utah 1993, Chapters 38 and 234
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28 17-25-2, as renumbered and amended by Laws of Utah 2001, Chapter 46
29 17-25-3, as renumbered and amended by Laws of Utah 2001, Chapter 46
30 17-25a-4, as last amended by Laws of Utah 2001, Chapter 46
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32 Be it enacted by the Legislature of the state of Utah:
33 Section 1. Section 17-25-1 is amended to read:
34 17-25-1. General powers and duties.
35 (1) [
36 (a) attend the justice courts within [
37 contract or court order; and
38 (b) execute, serve, and return all process directed or delivered to [
39 a judge of the justice court serving the city or county, or by any [
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41 (2) [
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43 service in an amount mutually agreed upon.
44 Section 2. Section 17-25a-1 is repealed and reenacted to read:
45 17-25a-1. Constables -- Nomination -- Appointment.
46 (1) (a) The following may appoint one or more constables:
47 (i) the legislative body of a county; or
48 (ii) the legislative body of a city of the first or second class.
49 (b) If a county or city described in Subsection (1)(a) chooses to appoint one or more
50 constables, the county or city shall nominate and appoint each constable in accordance with
51 this chapter.
52 (2) To nominate a constable, a county or city described in Subsection (1)(a) shall
53 establish a nominating commission that consists of:
54 (a) for a county:
55 (i) one member of the county legislative body;
56 (ii) one judge who presides over a court located within the county;
57 (iii) the county attorney;
58 (iv) the district attorney; and
59 (v) one private citizen; and
60 (b) for a city:
61 (i) one member of the city legislative body;
62 (ii) one judge who presides over a court located within the city;
63 (iii) the city attorney;
64 (iv) the chief of police; and
65 (v) one private citizen.
66 (3) A nominating commission described in Subsection (2) shall publish notice on the
67 county's or city's public website that:
68 (a) announces the county's or the city's intent to appoint a constable;
69 (b) describes the nomination and subsequent appointment processes; and
70 (c) specifies the qualifications required under Section 17-25a-2 to be considered for the
71 appointment.
72 (4) (a) Upon receipt of applications, a nominating commission shall:
73 (i) review each applicant's credentials;
74 (ii) by majority vote, determine which applicant is most qualified; and
75 (iii) report the nominating commission's determination to the legislative body of the
76 county or city.
77 (b) A county or city legislative body shall either appoint or reject the individual
78 nominated by the nominating commission in accordance with Subsection (4)(a).
79 (5) The legislative body of a county or city described in Subsection (1)(a) may
80 withdraw a constable's appointment for cause, including if the constable's peace officer
81 certification is suspended or revoked under Section 53-6-211.
82 Ŝ→ [
83 This bill repeals:
84 Section 17-25-2, Fees for constables -- Civil.
85 Section 17-25-3, Fees for constables -- Criminal.
86 Section 17-25a-4, Rates recoverable -- Exception.