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:
17 Other Special Clauses:
19 Utah Code Sections Affected:
21 78A-7-105, as last amended by Laws of Utah 2020, Chapter 317
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 [
27 of the precinct for which the justice court is created and includes all [
28 municipalities within the precinct, other than [
29 court exists.
30 (b) [
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;
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.
41 justice court extends to [
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).