H.B. 398 Public Prosecutor Amendments
| Bill Sponsor:  Rep. Pitcher, Stephanie | Floor Sponsor:  Sen. McKell, Michael K. |
- Drafting Attorney: Gus Harb
- Fiscal Analyst: Maddy Oritt
- Bill Tracking
- Bill Text
- Introduced
(Currently Displayed)
- Introduced
- Related Documents
- Information
- Last Action: 5 Mar 2021, House/ filed
- Last Location: House file for bills not passed
- Similar Bills
- Sections Affected
Introduced
Printer FriendlyH.B. 398
1 PUBLIC PROSECUTOR AMENDMENTS
22021 GENERAL SESSION
3STATE OF UTAH
4Chief Sponsor: Stephanie Pitcher
5Senate 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.
2
3
4
5
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 [
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.
Bill Status / Votes
• Senate Actions • House Actions • Fiscal Actions • Other Actions
| Date | Action | Location | Vote |
| 2/19/2021 | Bill Numbered but not Distributed | Legislative Research and General Counsel | |
| 2/19/2021 | Numbered Bill Publicly Distributed | Legislative Research and General Counsel | |
| 2/19/2021 | LFA/ bill sent to agencies for fiscal input | Legislative Research and General Counsel | |
| 2/19/2021 | House/ received bill from Legislative Research | Clerk of the House | |
| 2/22/2021 | House/ 1st reading (Introduced) | House Rules Committee | |
| 2/23/2021 | LFA/ fiscal note publicly available | House Rules Committee | |
| 2/23/2021 | House/ received fiscal note from Fiscal Analyst | House Rules Committee | |
| 3/1/2021 | House/ to standing committee | House Judiciary Committee | |
| 3/2/2021 | House Comm - Not Considered | House Judiciary Committee | |
| 3/2/2021 | House Comm - Returned to Rules | House Judiciary Committee | |
| 3/2/2021 | House/ comm rpt/ sent to Rules | House Rules Committee | |
| 3/5/2021 | House/ strike enacting clause | Clerk of the House | |
| 3/5/2021 | House/ filed | House file for bills not passed |
Committee Hearings/Floor Debate
- Committee Hearings