Representative Stephanie Pitcher proposes the following substitute bill:


1     
TRANSFER OF DOMESTIC VIOLENCE CASES

2     
2022 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 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 regarding the transfer of a criminal action from the justice
14     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 justice court receives a notice of transfer from a prosecuting attorney or a
20     defendant; and
21          ▸     makes technical and conforming changes.
22     Money Appropriated in this Bill:
23          None
24     Other Special Clauses:
25          This bill provides a special effective date.

26     Utah Code Sections Affected:
27     AMENDS:
28          63I-1-278, as last amended by Laws of Utah 2020, Chapter 154
29          78A-5-102, as last amended by Laws of Utah 2021, Chapter 262
30          78A-7-106, as last amended by Laws of Utah 2021, Chapter 262
31     

32     Be it enacted by the Legislature of the state of Utah:
33          Section 1. Section 63I-1-278 is amended to read:
34          63I-1-278. Repeal dates, Title 78A and Title 78B.
35          (1) Section 78B-3-421, regarding medical malpractice arbitration agreements, is
36     repealed July 1, 2029.
37          (2) Subsection 78A-7-106(6), regarding the transfer of a criminal action involving a
38     domestic violence offense from the justice court to the district court, is repealed on July 1,
39     2024.
40          [(2)] (3) Title 78B, Chapter 6, Part 2, Alternative Dispute Resolution Act, is repealed
41     July 1, 2026.
42          [(3)] (4) Title 78B, Chapter 12, Part 4, Advisory Committee, which creates the Child
43     Support Guidelines Advisory Committee, is repealed July 1, 2026.
44          Section 2. Section 78A-5-102 is amended to read:
45          78A-5-102. Jurisdiction -- Appeals.
46          (1) As used in this section:
47          (a) "Qualifying offense" means an offense described in Subsection 80-6-502(1)(b).
48          (b) "Separate offense" means any offense that is not a qualifying offense.
49          (c) "Single criminal episode" means the same as that term is defined in Section
50     76-1-401.
51          (2) Except as otherwise provided by the Utah Constitution or by statute, the district
52     court has original jurisdiction in all matters civil and criminal.
53          (3) A district court judge may issue all extraordinary writs and other writs necessary to
54     carry into effect the district court judge's orders, judgments, and decrees.
55          (4) The district court has jurisdiction over matters of lawyer discipline consistent with
56     the rules of the Supreme Court.

57          (5) The district court has jurisdiction over all matters properly filed in the circuit court
58     prior to July 1, 1996.
59          (6) The district court has appellate jurisdiction over judgments and orders of the justice
60     court as outlined in Section 78A-7-118 and small claims appeals filed in accordance with
61     Section 78A-8-106.
62          (7) Jurisdiction over appeals from the final orders, judgments, and decrees of the
63     district court is described in Sections 78A-3-102 and 78A-4-103.
64          (8) The district court has jurisdiction to review:
65          (a) agency adjudicative proceedings as set forth in Title 63G, Chapter 4,
66     Administrative Procedures Act, and shall comply with the requirements of that chapter in its
67     review of agency adjudicative proceedings; and
68          (b) municipal administrative proceedings in accordance with Section 10-3-703.7.
69          (9) Notwithstanding Section 78A-7-106, the district court has original jurisdiction
70     over:
71          (a) a class B misdemeanor, a class C misdemeanor, an infraction, or a violation of an
72     ordinance for which a justice court has original jurisdiction under Section 78A-7-106 if:
73          (i) there is no justice court with territorial jurisdiction;
74          (ii) the offense occurred within the boundaries of the municipality in which the district
75     courthouse is located and that municipality has not formed, or has not formed and then
76     dissolved, a justice court; or
77          (iii) the offense is included in an indictment or information covering a single criminal
78     episode alleging the commission of a felony or a class A misdemeanor by an individual who is
79     18 years old or older ; or
80          (b) a qualifying offense committed by an individual who is 16 or 17 years old.
81          (10) (a) Notwithstanding Subsection 78A-7-106(2), the district court has exclusive
82     jurisdiction over any separate offense:
83          (i) committed by an individual who is 16 or 17 years old; and
84          (ii) arising from a single criminal episode containing a qualifying offense for which the
85     district court has original jurisdiction under Subsection (9)(b).
86          (b) If an individual who is charged with a qualifying offense enters a plea to, or is
87     found guilty of, a separate offense other than the qualifying offense, the district court shall have

88     jurisdiction over the separate offense.
89          (c) If an individual who is 16 or 17 years old is charged with a qualifying offense and
90     the qualifying offense results in an acquittal, a finding of not guilty, or a dismissal, the
91     exclusive jurisdiction of the district court over any separate offense is terminated.
92          (11) If a district court has jurisdiction in accordance with Subsection (6), (9)(a)(i), or
93     (9)(a)(ii), the district court has jurisdiction over an offense listed in Subsection 78A-7-106(2)
94     even if the offense is committed by an individual who is 16 or 17 years old.
95          (12) The district court has subject matter jurisdiction over an offense for which the
96     juvenile court has original jurisdiction if the juvenile court transfers jurisdiction over the
97     offense to the district court in accordance with Section 80-6-504.
98          (13) The district court has subject matter jurisdiction over an action under Title 78B,
99     Chapter 7, Part 2, Child Protective Orders, if the juvenile court transfers the action to the
100     district court.
101          (14) (a) The district court has subject matter jurisdiction over a criminal action that the
102     justice court transfers to the district court.
103          (b) Notwithstanding Subsection 78A-7-106(1), the district court has original
104     jurisdiction over any refiled case of a criminal action transferred to the district court if the
105     district court dismissed the transferred case without prejudice.
106          Section 3. Section 78A-7-106 is amended to read:
107          78A-7-106. Jurisdiction -- Transfer to district court.
108          (1) Except as otherwise provided by Subsection 78A-5-102(8), a justice court has
109     original jurisdiction over class B and C misdemeanors, violation of ordinances, and infractions
110     committed within the justice court's territorial jurisdiction by an individual who is 18 years old
111     or older.
112          (2) Except for an offense for which the juvenile court or the district court has exclusive
113     jurisdiction under Subsection 78A-5-102(10) or Section 78A-6-103.5, a justice court has
114     original jurisdiction over the following offenses committed within the justice court's territorial
115     jurisdiction by an individual who is 16 or 17 years old:
116          (a) class C misdemeanor and infraction violations of Title 53, Chapter 3, Part 2, Driver
117     Licensing Act; and
118          (b) class B and C misdemeanor and infraction violations of:

119          (i) Title 23, Wildlife Resources Code of Utah;
120          (ii) Title 41, Chapter 1a, Motor Vehicle Act;
121          (iii) Title 41, Chapter 6a, Traffic Code, except Title 41, Chapter 6a, Part 5, Driving
122     Under the Influence and Reckless Driving ;
123          (iv) Title 41, Chapter 12a, Financial Responsibility of Motor Vehicle Owners and
124     Operators Act;
125          (v) Title 41, Chapter 22, Off-Highway Vehicles;
126          (vi) Title 73, Chapter 18, State Boating Act, except Section 73-18-12;
127          (vii) Title 73, Chapter 18a, Boating - Litter and Pollution Control;
128          (viii) Title 73, Chapter 18b, Water Safety; and
129          (ix) Title 73, Chapter 18c, Financial Responsibility of Motorboat Owners and
130     Operators Act.
131          (3) An offense is committed within the territorial jurisdiction of a justice court if:
132          (a) conduct constituting an element of the offense or a result constituting an element of
133     the offense occurs within the court's jurisdiction, regardless of whether the conduct or result is
134     itself unlawful;
135          (b) either an individual committing an offense or a victim of an offense is located
136     within the court's jurisdiction at the time the offense is committed;
137          (c) either a cause of injury occurs within the court's jurisdiction or the injury occurs
138     within the court's jurisdiction;
139          (d) an individual commits any act constituting an element of an inchoate offense within
140     the court's jurisdiction, including an agreement in a conspiracy;
141          (e) an individual solicits, aids, or abets, or attempts to solicit, aid, or abet another
142     individual in the planning or commission of an offense within the court's jurisdiction;
143          (f) the investigation of the offense does not readily indicate in which court's
144     jurisdiction the offense occurred, and:
145          (i) the offense is committed upon or in any railroad car, vehicle, watercraft, or aircraft
146     passing within the court's jurisdiction;
147          (ii) (A) the offense is committed on or in any body of water bordering on or within this
148     state if the territorial limits of the justice court are adjacent to the body of water; and
149          (B) as used in Subsection (3)(f)(ii)(A), "body of water" includes any stream, river, lake,

150     or reservoir, whether natural or man-made;
151          (iii) an individual who commits theft exercises control over the affected property
152     within the court's jurisdiction; or
153          (iv) the offense is committed on or near the boundary of the court's jurisdiction;
154          (g) the offense consists of an unlawful communication that was initiated or received
155     within the court's jurisdiction; or
156          (h) jurisdiction is otherwise specifically provided by law.
157          (4) If in a criminal case the defendant is 16 or 17 years old, a justice court judge may
158     transfer the case to the juvenile court for further proceedings if the justice court judge
159     determines and the juvenile court concurs that the best interests of the defendant would be
160     served by the continuing jurisdiction of the juvenile court.
161          (5) Justice courts have jurisdiction of small claims cases under Title 78A, Chapter 8,
162     Small Claims Courts, if a defendant resides in or the debt arose within the territorial
163     jurisdiction of the justice court.
164          (6) (a) As used in this Subsection (6), "domestic violence offense" means the same as
165     that term is defined in Section 77-36-1.
166          (b) If a justice court has jurisdiction over a criminal action involving a domestic
167     violence offense and the criminal action is set for trial, the prosecuting attorney or the
168     defendant may file a notice of transfer in the justice court to transfer the criminal action from
169     the justice court to the district court.
170          (c) If a justice court receives a notice of transfer from the prosecuting attorney or the
171     defendant as described in Subsection (6)(b), the justice court shall transfer the criminal action
172     to the district court.
173          Section 4. Effective date.
174          This bill takes effect on July 1, 2022.