7 LONG TITLE
8 General Description:
9 This bill addresses preliminary hearings.
10 Highlighted Provisions:
11 This bill:
12 ▸ addresses a preliminary hearing for certain offenses;
13 ▸ addresses the right of a defendant in relation to a preliminary hearing; and
14 ▸ addresses the function of a preliminary hearing.
15 Money Appropriated in this Bill:
17 Other Special Clauses:
19 Utah Code Sections Affected:
21 77-1-9, Utah Code Annotated 1953
23 Be it enacted by the Legislature of the state of Utah:
24 Section 1. Section 77-1-9 is enacted to read:
25 77-1-9. Preliminary hearing -- Rights of defendant.
26 (1) In all cases for a class A misdemeanor or felony offense, the defendant has a right
27 to have a preliminary hearing as described in this section.
28 (2) A preliminary hearing is an adversarial hearing where the prosecuting attorney must
29 present evidence that is sufficient to establish probable cause that:
30 (a) a criminal offense has been committed; and
31 (b) the defendant committed the criminal offense.
32 (3) For a probable cause showing at a preliminary hearing, the prosecuting attorney
33 must establish a prima facie case against the defendant.
34 (4) At a preliminary hearing, the defendant shall be:
35 (a) advised of the nature of the charges against the defendant;
36 (b) allowed to conduct discovery;
37 (c) allowed to testify;
38 (d) allowed to cross-examine any witness, including any witness expected to testify
39 against the defendant;
40 (e) allowed to cross-examine a witness on any matter that will aid the defense,
41 including the credibility of the witness; and
42 (f) except as provided in Subsection (5), allowed to subpoena witnesses.
43 (5) At a preliminary hearing, a defendant may not subpoena a child who is an alleged
44 victim of any offense for which the defendant is charged.
45 (6) Upon a preliminary hearing, the magistrate or judge may:
46 (a) determine whether evidence or allegations presented at the preliminary hearing are
47 credible and establish probable cause in accordance with Subsections (2) and (3); and
48 (b) decline to bind a defendant over for trial if, after careful consideration of the
49 evidence, the court determines that the evidence is insufficient to establish probable cause.