Representative Kay J. Christofferson proposes the following substitute bill:


1     
PUBLIC PROSECUTOR MODIFICATIONS

2     
2022 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Kay J. Christofferson

5     
Senate Sponsor: Michael K. McKell

6     

7     LONG TITLE
8     General Description:
9          This bill modifies provisions related to prosecuting an offense in a justice court.
10     Highlighted Provisions:
11          This bill:
12          ▸     modifies provisions related to when a prosecutor may prosecute an offense in a
13     justice court; and
14          ▸     makes technical changes.
15     Money Appropriated in this Bill:
16          None
17     Other Special Clauses:
18          None
19     Utah Code Sections Affected:
20     AMENDS:
21          78A-7-105, as last amended by Laws of Utah 2020, Chapter 317
22     

23     Be it enacted by the Legislature of the state of Utah:
24          Section 1. Section 78A-7-105 is amended to read:
25          78A-7-105. Territorial jurisdiction of a county justice court.
26          (1) (a) The territorial jurisdiction of a county justice [courts] court extends to the limits
27     of the precinct for which the justice court is created and includes all [cities or towns]
28     municipalities within the precinct, other than [cities] a municipality where a municipal justice
29     court exists.
30          (b) [A] Subject to Subsection (1)(c), a county or district attorney may file a class B or
31     C misdemeanor offense in a county justice court, regardless of where the act occurred, if:
32          (i) the same offense could have been filed as a class A misdemeanor in district court;
33          [(ii) statute provides that an attempt to commit the offense described in Subsection
34     (1)(b)(i) is a class B or class C misdemeanor; and]
35          (ii) the county or district attorney files the offense described in Subsection (1)(b)(i)
36     pursuant to Subsection 77-2-2.3(1)(a); and
37          (iii) the case was submitted to the county or district attorney's office for prosecution.
38          (c) A prosecutor may not file a class B or C misdemeanor offense in a county justice
39     court if the facts support the filing of the charged offense as a felony under Section 76-3-103.
40          [(c)] (d) Notwithstanding Subsection (1)(a), the territorial jurisdiction of a county
41     justice court extends to [the place] any municipality within the precinct where the act, filed as a
42     class B or C misdemeanor under Subsection (1)(b), occurred.
43          (2) The territorial jurisdiction of municipal justice courts extends to the corporate
44     limits of the municipality in which the justice court is created.
45          (3) Justice court judges have the same authority regarding matters within their
46     jurisdiction as judges of courts of record.
47          (4) A justice court may issue all extraordinary writs and other writs as necessary to
48     carry into effect its orders, judgments, and decrees.
49          (5) (a) Except as provided in this Subsection (5), a judgment rendered in a justice court
50     does not create a lien upon any real property of the judgment debtor unless the judgment or
51     abstract of the judgment:
52          (i) is recorded in the office of the county recorder of the county in which the real
53     property of the judgment debtor is located; and
54          (ii) contains the information identifying the judgment debtor in the judgment or
55     abstract of judgment as required in Subsection 78B-5-201(4)(b) or as a separate information
56     statement of the judgment creditor as required in Subsection 78B-5-201(5).
57          (b) The lien runs for eight years from the date the judgment was entered in the district
58     court under Section 78B-5-202 unless the judgment is earlier satisfied.
59          (c) State agencies are exempt from the recording requirement of Subsection (5)(a).