This document includes House Committee Amendments incorporated into the bill on Fri, Feb 4, 2022 at 9:11 AM by pflowers.
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7 LONG TITLE
8 General Description:
9 This bill addresses the transfer of domestic violence cases from the justice court to the
10 district court.
11 Highlighted Provisions:
12 This bill:
13 ▸ creates a sunset date for provisions related to the transfer of a criminal action from
14 the justice court to the district court;
15 ▸ addresses the jurisdiction of the district court regarding cases transferred by the
16 justice court;
17 ▸ defines a "domestic violence offense";
18 ▸ requires a justice court to transfer a case involving a domestic violence offense
19 when the case is set for trial; and
20 ▸ makes technical and conforming changes.
21 Money Appropriated in this Bill:
22 None
23 Other Special Clauses:
24 This bill provides a special effective date.
25 Utah Code Sections Affected:
26 AMENDS:
27 63I-1-278, as last amended by Laws of Utah 2020, Chapter 154
28 78A-5-102, as last amended by Laws of Utah 2021, Chapter 262
29 78A-7-106, as last amended by Laws of Utah 2021, Chapter 262
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31 Be it enacted by the Legislature of the state of Utah:
32 Section 1. Section 63I-1-278 is amended to read:
33 63I-1-278. Repeal dates, Title 78A and Title 78B.
34 (1) Subsection 78A-5-102(14), regarding the district court's jurisdiction over a criminal
35 action transferred by the justice court, is repealed on July 1, 2024.
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37 repealed July 1, 2029.
38 (3) Subsection 78A-7-106(6), regarding the transfer of a criminal action involving a
39 domestic violence offense from the justice court to the district court, is repealed on July 1,
40 2024.
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42 July 1, 2026.
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44 Support Guidelines Advisory Committee, is repealed July 1, 2026.
45 Section 2. Section 78A-5-102 is amended to read:
46 78A-5-102. Jurisdiction -- Appeals.
47 (1) As used in this section:
48 (a) "Qualifying offense" means an offense described in Subsection 80-6-502(1)(b).
49 (b) "Separate offense" means any offense that is not a qualifying offense.
50 (c) "Single criminal episode" means the same as that term is defined in Section
51 76-1-401.
52 (2) Except as otherwise provided by the Utah Constitution or by statute, the district
53 court has original jurisdiction in all matters civil and criminal.
54 (3) A district court judge may issue all extraordinary writs and other writs necessary to
55 carry into effect the district court judge's orders, judgments, and decrees.
56 (4) The district court has jurisdiction over matters of lawyer discipline consistent with
57 the rules of the Supreme Court.
58 (5) The district court has jurisdiction over all matters properly filed in the circuit court
59 prior to July 1, 1996.
60 (6) The district court has appellate jurisdiction over judgments and orders of the justice
61 court as outlined in Section 78A-7-118 and small claims appeals filed in accordance with
62 Section 78A-8-106.
63 (7) Jurisdiction over appeals from the final orders, judgments, and decrees of the
64 district court is described in Sections 78A-3-102 and 78A-4-103.
65 (8) The district court has jurisdiction to review:
66 (a) agency adjudicative proceedings as set forth in Title 63G, Chapter 4,
67 Administrative Procedures Act, and shall comply with the requirements of that chapter in its
68 review of agency adjudicative proceedings; and
69 (b) municipal administrative proceedings in accordance with Section 10-3-703.7.
70 (9) Notwithstanding Section 78A-7-106, the district court has original jurisdiction
71 over:
72 (a) a class B misdemeanor, a class C misdemeanor, an infraction, or a violation of an
73 ordinance for which a justice court has original jurisdiction under Section 78A-7-106 if:
74 (i) there is no justice court with territorial jurisdiction;
75 (ii) the offense occurred within the boundaries of the municipality in which the district
76 courthouse is located and that municipality has not formed, or has not formed and then
77 dissolved, a justice court; or
78 (iii) the offense is included in an indictment or information covering a single criminal
79 episode alleging the commission of a felony or a class A misdemeanor by an individual who is
80 18 years old or older ; or
81 (b) a qualifying offense committed by an individual who is 16 or 17 years old.
82 (10) (a) Notwithstanding Subsection 78A-7-106(2), the district court has exclusive
83 jurisdiction over any separate offense:
84 (i) committed by an individual who is 16 or 17 years old; and
85 (ii) arising from a single criminal episode containing a qualifying offense for which the
86 district court has original jurisdiction under Subsection (9)(b).
87 (b) If an individual who is charged with a qualifying offense enters a plea to, or is
88 found guilty of, a separate offense other than the qualifying offense, the district court shall have
89 jurisdiction over the separate offense.
90 (c) If an individual who is 16 or 17 years old is charged with a qualifying offense and
91 the qualifying offense results in an acquittal, a finding of not guilty, or a dismissal, the
92 exclusive jurisdiction of the district court over any separate offense is terminated.
93 (11) If a district court has jurisdiction in accordance with Subsection (6), (9)(a)(i), or
94 (9)(a)(ii), the district court has jurisdiction over an offense listed in Subsection 78A-7-106(2)
95 even if the offense is committed by an individual who is 16 or 17 years old.
96 (12) The district court has subject matter jurisdiction over an offense for which the
97 juvenile court has original jurisdiction if the juvenile court transfers jurisdiction over the
98 offense to the district court in accordance with Section 80-6-504.
99 (13) The district court has subject matter jurisdiction over an action under Title 78B,
100 Chapter 7, Part 2, Child Protective Orders, if the juvenile court transfers the action to the
101 district court.
102 (14) (a) The district court has subject matter jurisdiction over a criminal action that the
103 justice court transfers to the district court in accordance with Subsection 78A-7-106(6).
104 (b) Notwithstanding Subsection 78A-7-106(1), the district court has original
105 jurisdiction over any refiled case of a criminal action transferred to the district court in
106 accordance with Subsection 78A-7-106(6) if the district court dismissed the transferred case
107 without prejudice.
108 Section 3. Section 78A-7-106 is amended to read:
109 78A-7-106. Jurisdiction -- Transfer to district court.
110 (1) Except as otherwise provided by Subsection 78A-5-102[
111 original jurisdiction over class B and C misdemeanors, violation of ordinances, and infractions
112 committed within the justice court's territorial jurisdiction by an individual who is 18 years old
113 or older.
114 (2) Except for an offense for which the juvenile court or the district court has exclusive
115 jurisdiction under Subsection 78A-5-102(10) or Section 78A-6-103.5, a justice court has
116 original jurisdiction over the following offenses committed within the justice court's territorial
117 jurisdiction by an individual who is 16 or 17 years old:
118 (a) class C misdemeanor and infraction violations of Title 53, Chapter 3, Part 2, Driver
119 Licensing Act; and
120 (b) class B and C misdemeanor and infraction violations of:
121 (i) Title 23, Wildlife Resources Code of Utah;
122 (ii) Title 41, Chapter 1a, Motor Vehicle Act;
123 (iii) Title 41, Chapter 6a, Traffic Code, except Title 41, Chapter 6a, Part 5, Driving
124 Under the Influence and Reckless Driving ;
125 (iv) Title 41, Chapter 12a, Financial Responsibility of Motor Vehicle Owners and
126 Operators Act;
127 (v) Title 41, Chapter 22, Off-Highway Vehicles;
128 (vi) Title 73, Chapter 18, State Boating Act, except Section 73-18-12;
129 (vii) Title 73, Chapter 18a, Boating - Litter and Pollution Control;
130 (viii) Title 73, Chapter 18b, Water Safety; and
131 (ix) Title 73, Chapter 18c, Financial Responsibility of Motorboat Owners and
132 Operators Act.
133 (3) An offense is committed within the territorial jurisdiction of a justice court if:
134 (a) conduct constituting an element of the offense or a result constituting an element of
135 the offense occurs within the court's jurisdiction, regardless of whether the conduct or result is
136 itself unlawful;
137 (b) either an individual committing an offense or a victim of an offense is located
138 within the court's jurisdiction at the time the offense is committed;
139 (c) either a cause of injury occurs within the court's jurisdiction or the injury occurs
140 within the court's jurisdiction;
141 (d) an individual commits any act constituting an element of an inchoate offense within
142 the court's jurisdiction, including an agreement in a conspiracy;
143 (e) an individual solicits, aids, or abets, or attempts to solicit, aid, or abet another
144 individual in the planning or commission of an offense within the court's jurisdiction;
145 (f) the investigation of the offense does not readily indicate in which court's
146 jurisdiction the offense occurred, and:
147 (i) the offense is committed upon or in any railroad car, vehicle, watercraft, or aircraft
148 passing within the court's jurisdiction;
149 (ii) (A) the offense is committed on or in any body of water bordering on or within this
150 state if the territorial limits of the justice court are adjacent to the body of water; and
151 (B) as used in Subsection (3)(f)(ii)(A), "body of water" includes any stream, river, lake,
152 or reservoir, whether natural or man-made;
153 (iii) an individual who commits theft exercises control over the affected property
154 within the court's jurisdiction; or
155 (iv) the offense is committed on or near the boundary of the court's jurisdiction;
156 (g) the offense consists of an unlawful communication that was initiated or received
157 within the court's jurisdiction; or
158 (h) jurisdiction is otherwise specifically provided by law.
159 (4) If in a criminal case the defendant is 16 or 17 years old, a justice court judge may
160 transfer the case to the juvenile court for further proceedings if the justice court judge
161 determines and the juvenile court concurs that the best interests of the defendant would be
162 served by the continuing jurisdiction of the juvenile court.
163 (5) Justice courts have jurisdiction of small claims cases under Title 78A, Chapter 8,
164 Small Claims Courts, if a defendant resides in or the debt arose within the territorial
165 jurisdiction of the justice court.
166 (6) (a) As used in this Subsection (6), "domestic violence offense" means the same as
167 that term is defined in Section 77-36-1.
168 (b) If a justice court has jurisdiction over a criminal action involving a domestic
169 violence offense and the criminal action is set for Ĥ→ jury ←Ĥ trial, the justice court shall transfer
169a the case
170 to the district court.
171 Section 4. Effective date.
172 This bill takes effect on July 1, 2022.