1     
PUBLIC PROSECUTOR AMENDMENTS

2     
2021 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Stephanie Pitcher

5     
Senate Sponsor: Michael K. McKell

6     

7     LONG TITLE
8     General Description:
9          This bill amends provisions regarding the duties of public prosecutors.
10     Highlighted Provisions:
11          This bill:
12          ▸     allows a public prosecutor in a county of the first or second class to appear and
13     prosecute an appeal involving a criminal violation of state statute in certain
14     circumstances.
15     Money Appropriated in this Bill:
16          None
17     Other Special Clauses:
18          None
19     Utah Code Sections Affected:
20     AMENDS:
21          17-18a-403, as enacted by Laws of Utah 2013, Chapter 237
22     

23     Be it enacted by the Legislature of the state of Utah:
24          Section 1. Section 17-18a-403 is amended to read:
25          17-18a-403. Appeal.
26          (1) (a) A public prosecutor shall assist and cooperate, as required by the attorney
27     general, in a case that [may be] is appealed to the Court of Appeals or Utah Supreme Court

28     regarding a criminal violation of state statute.
29          (b) A public prosecutor in a county of the first or second class may appear and
30     prosecute, in the appropriate court, an appeal described in Subsection (1)(a) if:
31          (i) the appeal involves an offense committed within the county in which the public
32     prosecutor holds office; and
33          (ii) the attorney general declines to prosecute the appeal.
34          (2) A public prosecutor shall appear and prosecute all appeals, in the appropriate court,
35     for a crime charged as a misdemeanor in district court or as a violation of a county criminal
36     ordinance.