Chief Sponsor: Mike Winder

Senate Sponsor: Curtis S. Bramble


8     General Description:
9          This bill addresses offenses committed by a juvenile.
10     Highlighted Provisions:
11          This bill:
12          ▸     provides the age at which a juvenile is tried as an adult for the murder or aggravated
13     murder of a law enforcement officer on duty; and
14          ▸     makes technical and conforming amendments.
15     Money Appropriated in this Bill:
16          None
17     Other Special Clauses:
18          None
19     Utah Code Sections Affected:
20     AMENDS:
21          78A-6-701, as last amended by Laws of Utah 2017, Chapter 330

23     Be it enacted by the Legislature of the state of Utah:
24          Section 1. Section 78A-6-701 is amended to read:
25          78A-6-701. Jurisdiction of district court.
26          (1) (a) [The] Except as provided in Subsection (1)(b), the district court has exclusive
27     original jurisdiction over [all persons] a person who is:

28          (i) 16 years of age or older at the time of the offense; and
29          (ii) charged with an offense that would be murder or aggravated murder if committed
30     by an adult.
31          (b) The district court has exclusive original jurisdiction over a person who is:
32          (i) 15 years of age or older at the time of the offense; and
33          (ii) charged with an offense that, if committed by an adult, would be murder or
34     aggravated murder of a law enforcement officer, as defined in Section 53-13-103, while the law
35     enforcement officer is on duty.
36          (2) When the district court has exclusive original jurisdiction over a minor under this
37     section, it also has exclusive original jurisdiction over the minor regarding all offenses joined
38     with the qualifying offense, and any other offenses, including misdemeanors, arising from the
39     same criminal episode. The district court is not divested of jurisdiction by virtue of the fact
40     that the minor is allowed to enter a plea to, or is found guilty of, a lesser or joined offense.
41          (3) (a) A felony, misdemeanor, or infraction committed after the offense over which
42     the district court takes jurisdiction under Subsection (1) or (2) shall be tried against the
43     defendant as an adult in the district court or justice court having jurisdiction.
44          (b) If the qualifying charge under Subsection (1) results in an acquittal, a finding of not
45     guilty, or a dismissal of the charge in the district court, the juvenile court under Section
46     78A-6-103 and the Division of Juvenile Justice Services regain any jurisdiction and authority
47     previously exercised over the minor.
48          (4) A minor arrested under this section shall be held in a juvenile detention facility
49     until the district court determines where the minor shall be held until the time of trial, except
50     for defendants who are otherwise subject to the authority of the Board of Pardons and Parole.
51          (5) The district court shall consider the following when determining where the minor
52     will be held until the time of trial:
53          (a) the age of the minor;
54          (b) the nature, seriousness, and circumstances of the alleged offense;
55          (c) the minor's history of prior criminal acts;
56          (d) whether detention in a juvenile detention facility will adequately serve the need for
57     community protection pending the outcome of any criminal proceedings;
58          (e) whether the minor's placement in a juvenile detention facility will negatively impact

59     the functioning of the facility by compromising the goals of the facility to maintain a safe,
60     positive, and secure environment for all minors within the facility;
61          (f) the relative ability of the facility to meet the needs of the minor and protect the
62     public;
63          (g) whether the minor presents an imminent risk of harm to the minor or others within
64     the facility;
65          (h) the physical maturity of the minor;
66          (i) the current mental state of the minor as evidenced by relevant mental health or
67     psychological assessments or screenings that are made available to the court; and
68          (j) any other factors the court considers relevant.
69          (6) A minor ordered to a juvenile detention facility under Subsection (5) shall remain
70     in the facility until released by a district court judge, or if convicted, until sentencing.
71          (7) A minor held in a juvenile detention facility under this section shall have the same
72     right to bail as any other criminal defendant.
73          (8) If the minor ordered to a juvenile detention facility under Subsection (5) attains the
74     age of 18 years, the minor shall be transferred within 30 days to an adult jail until released by
75     the district court judge, or if convicted, until sentencing.
76          (9) A minor 16 years of age or older for purposes of Subsection (1)(a) or who is 15
77     years of age or older for purposes of Subsection (1)(b), whose conduct or condition endangers
78     the safety or welfare of others in the juvenile detention facility may, by court order that
79     specifies the reasons, be detained in another place of confinement considered appropriate by
80     the court, including jail or other place of pretrial confinement for adults.

Legislative Review Note
Office of Legislative Research and General Counsel