Chief Sponsor: Michael K. McKell

Senate Sponsor: Todd Weiler


9     Committee Note:
10          The Judiciary Interim Committee recommended this bill.
11     General Description:
12          This bill address provisions related to the obscenity and pornography complaints
13     ombudsman.
14     Highlighted Provisions:
15          This bill:
16          ▸     repeals the provision creating the obscenity and pornography complaints
17     ombudsman; and
18          ▸     makes technical and conforming amendments.
19     Money Appropriated in this Bill:
20          None
21     Other Special Clauses:
22          None
23     Utah Code Sections Affected:
24     AMENDS:
25          10-3-928, as last amended by Laws of Utah 2011, Chapter 75
26          17-18a-601, as enacted by Laws of Utah 2013, Chapter 237
27          67-5-1.5, as last amended by Laws of Utah 2016, Chapter 133

28     REPEALS:
29          67-5-18, as last amended by Laws of Utah 2008, Chapter 382

31     Be it enacted by the Legislature of the state of Utah:
32          Section 1. Section 10-3-928 is amended to read:
33          10-3-928. Attorney duties -- Deputy public prosecutor.
34          In cities with a city attorney, the city attorney:
35          (1) may prosecute violations of city ordinances;
36          (2) may prosecute, under state law, infractions and misdemeanors occurring within the
37     boundaries of the municipality;
38          (3) has the same powers in respect to violations as are exercised by a county attorney or
39     district attorney, except that a city attorney's authority to grant immunity shall be limited to:
40          (a) granting transactional immunity for violations of city ordinances; and
41          (b) granting transactional immunity under state law for infractions and misdemeanors
42     occurring within the boundaries of the municipality;
43          (4) shall represent the interests of the state or the municipality in the appeal of any
44     matter prosecuted in any trial court by the city attorney;
45          (5) may cooperate with the Office of the Attorney General during investigations[,
46     including those described in Subsection 67-5-18(3)(f)]; and
47          (6) may designate a city attorney from another municipality or a public prosecutor to
48     prosecute a matter, in the court having jurisdiction over the matter, if the city attorney has a
49     conflict of interest regarding the matter being prosecuted.
50          Section 2. Section 17-18a-601 is amended to read:
51          17-18a-601. Assistance to the attorney general.
52          (1) (a) The attorney shall appear and assist the attorney general in criminal and civil
53     legal matters involving the state if:
54          (i) except as provided in Subsection (1)(b), the attorney general requests assistance; or
55          (ii) the attorney is required by law to provide assistance.
56          (b) The attorney is not required to provide, if requested, the attorney general assistance
57     if the attorney's assistance would:
58          (i) interfere with the attorney's duties and responsibilities to the county; or

59          (ii) create a conflict of interest.
60          (c) The attorney shall cooperate with the attorney general in an investigation[,
61     including an investigation described in Section 67-5-18].
62          (2) The attorney general shall assist the attorney with a criminal prosecution if a court:
63          (a) finds that the attorney is unable to satisfactorily and adequately perform the duties
64     of prosecuting a criminal case; and
65          (b) recommends that the attorney seek additional legal assistance.
66          Section 3. Section 67-5-1.5 is amended to read:
67          67-5-1.5. Special duties -- Employment of staff.
68          (1) The attorney general may undertake special duties and projects as follows:
69          (a) employment of child protection services investigators under Section 67-5-16;
70          [(b) employment of an Obscenity and Pornography Complaints Ombudsman under
71     Section 67-5-18;]
72          [(c)] (b) administration of the Internet Crimes Against Children Task Force under
73     Section 67-5-20;
74          [(d)] (c) administration of the Internet Crimes Against Children (ICAC) Unit under
75     Section 67-5-21;
76          [(e)] (d) administration of the Identity Theft Reporting Information System (IRIS)
77     Program under Section 67-5-22;
78          [(f)] (e) administration of the Attorney General Crime and Violence Prevention Fund
79     under Section 67-5-24; and
80          [(g)] (f) administration of the Mortgage and Financial Fraud Unit under Section
81     67-5-30.
82          (2) As permitted by the provisions of this chapter, the attorney general may employ or
83     contract with investigators, prosecutors, and necessary support staff to fulfill the special duties
84     undertaken under this section.
85          Section 4. Repealer.
86          This bill repeals:
87          Section 67-5-18, Obscenity and Pornography Complaints Ombudsman -- Powers.

Legislative Review Note
Office of Legislative Research and General Counsel