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7 LONG TITLE
8 General Description:
9 This bill grants the attorney general authority to review an investigation and prosecute
10 any first degree felony under certain conditions.
11 Highlighted Provisions:
12 This bill:
13 ▸ adds a provision that authorizes the attorney general to review an investigation and
14 prosecute any first degree felony that a district or county attorney declines or fails to
15 prosecute.
16 Money Appropriated in this Bill:
17 None
18 Other Special Clauses:
19 None
20 Utah Code Sections Affected:
21 AMENDS:
22 67-5-1, as last amended by Laws of Utah 2018, Chapters 200, 473, and 474
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24 Be it enacted by the Legislature of the state of Utah:
25 Section 1. Section 67-5-1 is amended to read:
26 67-5-1. General duties.
27 The attorney general shall:
28 (1) perform all duties in a manner consistent with the attorney-client relationship under
29 Section 67-5-17;
30 (2) except as provided in Sections 10-3-928 and 17-18a-403, attend the Supreme Court
31 and the Court of Appeals of this state, and all courts of the United States, and prosecute or
32 defend all causes to which the state or any officer, board, or commission of the state in an
33 official capacity is a party, and take charge, as attorney, of all civil legal matters in which the
34 state is interested;
35 (3) after judgment on any cause referred to in Subsection (2), direct the issuance of
36 process as necessary to execute the judgment;
37 (4) account for, and pay over to the proper officer, all money that comes into the
38 attorney general's possession that belongs to the state;
39 (5) keep a file of all cases in which the attorney general is required to appear, including
40 any documents and papers showing the court in which the cases have been instituted and tried,
41 and whether they are civil or criminal, and:
42 (a) if civil, the nature of the demand, the stage of proceedings, and, when prosecuted to
43 judgment, a memorandum of the judgment and of any process issued if satisfied, and if not
44 satisfied, documentation of the return of the sheriff;
45 (b) if criminal, the nature of the crime, the mode of prosecution, the stage of
46 proceedings, and, when prosecuted to sentence, a memorandum of the sentence and of the
47 execution, if the sentence has been executed, and, if not executed, the reason for the delay or
48 prevention; and
49 (c) deliver this information to the attorney general's successor in office;
50 (6) exercise supervisory powers over the district and county attorneys of the state in all
51 matters pertaining to the duties of their offices, [
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53 (a) require a district or county attorney of the state to, upon request, report on the status
54 of public business entrusted to the district or county attorney's charge; or
55 (b) review investigation results de novo and file criminal charges, if warranted, in any
56 case involving a first degree felony, if:
57 (i) a law enforcement agency submits investigation results to the county or district
58 attorney of the jurisdiction where the incident occurred and the county or district attorney:
59 (A) declines to file criminal charges; or
60 (B) fails to screen the case for criminal charges within six months of the law
61 enforcement agency's submission of the investigation results; and
62 (ii) after consultation with the county or district attorney of the jurisdiction where the
63 incident occurred, the attorney general reasonably believes action by the attorney general would
64 not interfere with an ongoing investigation or prosecution by the county or district attorney of
65 the jurisdiction where the incident occurred;
66 (7) give the attorney general's opinion in writing and without fee, when required, upon
67 any question of law relating to the office of the requester:
68 (a) in accordance with Section 67-5-1.1, to the Legislature or either house;
69 (b) to any state officer, board, or commission; and
70 (c) to any county attorney or district attorney;
71 (8) when required by the public service or directed by the governor, assist any county,
72 district, or city attorney in the discharge of county, district, or city attorney's duties;
73 (9) purchase in the name of the state, under the direction of the state Board of
74 Examiners, any property offered for sale under execution issued upon judgments in favor of or
75 for the use of the state, and enter satisfaction in whole or in part of the judgments as the
76 consideration of the purchases;
77 (10) when the property of a judgment debtor in any judgment mentioned in Subsection
78 (9) has been sold under a prior judgment, or is subject to any judgment, lien, or encumbrance
79 taking precedence of the judgment in favor of the state, redeem the property, under the
80 direction of the state Board of Examiners, from the prior judgment, lien, or encumbrance, and
81 pay all money necessary for the redemption, upon the order of the state Board of Examiners,
82 out of any money appropriated for these purposes;
83 (11) when in the attorney general's opinion it is necessary for the collection or
84 enforcement of any judgment, institute and prosecute on behalf of the state any action or
85 proceeding necessary to set aside and annul all conveyances fraudulently made by the judgment
86 debtors, and pay the cost necessary to the prosecution, when allowed by the state Board of
87 Examiners, out of any money not otherwise appropriated;
88 (12) discharge the duties of a member of all official boards of which the attorney
89 general is or may be made a member by the Utah Constitution or by the laws of the state, and
90 other duties prescribed by law;
91 (13) institute and prosecute proper proceedings in any court of the state or of the
92 United States to restrain and enjoin corporations organized under the laws of this or any other
93 state or territory from acting illegally or in excess of their corporate powers or contrary to
94 public policy, and in proper cases forfeit their corporate franchises, dissolve the corporations,
95 and wind up their affairs;
96 (14) institute investigations for the recovery of all real or personal property that may
97 have escheated or should escheat to the state, and for that purpose, subpoena any persons
98 before any of the district courts to answer inquiries and render accounts concerning any
99 property, examine all books and papers of any corporations, and when any real or personal
100 property is discovered that should escheat to the state, institute suit in the district court of the
101 county where the property is situated for its recovery, and escheat that property to the state;
102 (15) administer the Children's Justice Center as a program to be implemented in
103 various counties pursuant to Sections 67-5b-101 through 67-5b-107;
104 (16) assist the Constitutional Defense Council as provided in Title 63C, Chapter 4a,
105 Constitutional and Federalism Defense Act;
106 (17) pursue any appropriate legal action to implement the state's public lands policy
107 established in Section 63C-4a-103;
108 (18) investigate and prosecute violations of all applicable state laws relating to fraud in
109 connection with the state Medicaid program and any other medical assistance program
110 administered by the state, including violations of Title 26, Chapter 20, Utah False Claims Act;
111 (19) investigate and prosecute complaints of abuse, neglect, or exploitation of patients
112 at:
113 (a) health care facilities that receive payments under the state Medicaid program; and
114 (b) board and care facilities, as defined in the federal Social Security Act, 42 U.S.C.
115 Sec. 1396b(q)(4)(B), regardless of the source of payment to the board and care facility;
116 (20) (a) report at least twice per year to the Legislative Management Committee on any
117 pending or anticipated lawsuits, other than eminent domain lawsuits, that might:
118 (i) cost the state more than $500,000; or
119 (ii) require the state to take legally binding action that would cost more than $500,000
120 to implement; and
121 (b) if the meeting is closed, include an estimate of the state's potential financial or other
122 legal exposure in that report;
123 (21) (a) submit a written report to the committees described in Subsection (21)(b) that
124 summarizes the status and progress of any lawsuits that challenge the constitutionality of state
125 law that were pending at the time the attorney general submitted the attorney general's last
126 report under this Subsection (21), including any:
127 (i) settlements reached;
128 (ii) consent decrees entered; or
129 (iii) judgments issued; and
130 (b) at least 30 days before the Legislature's May and November interim meetings,
131 submit the report described in Subsection (21)(a) to:
132 (i) the Legislative Management Committee;
133 (ii) the Judiciary Interim Committee; and
134 (iii) the Law Enforcement and Criminal Justice Interim Committee;
135 (22) if the attorney general operates the Office of the Attorney General or any portion
136 of the Office of the Attorney General as an internal service fund agency in accordance with
137 Section 67-5-4, submit to the rate committee established in Section 67-5-34:
138 (a) a proposed rate and fee schedule in accordance with Subsection 67-5-34(4); and
139 (b) any other information or analysis requested by the rate committee;
140 (23) before the end of each calendar year, create an annual performance report for the
141 Office of the Attorney General and post the report on the attorney general's website;
142 (24) ensure that any training required under this chapter complies with Title 63G,
143 Chapter 22, State Training and Certification Requirements; and
144 (25) notify the legislative general counsel in writing within three business days after
145 the day on which the attorney general is officially notified of a claim, regardless of whether the
146 claim is filed in state or federal court, that challenges:
147 (a) the constitutionality of a state statute;
148 (b) the validity of legislation; or
149 (c) any action of the Legislature.