1     
JURY AMENDMENTS

2     
2024 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Andrew Stoddard

5     
Senate Sponsor: ____________

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7     LONG TITLE
8     General Description:
9          This bill amends jury composition.
10     Highlighted Provisions:
11          This bill:
12          ▸     increases the number of jurors in a criminal case in which the most serious offense
13     charged is a noncapital first degree felony;
14          ▸     clarifies the number of jurors in other criminal cases; and
15          ▸     makes technical and conforming changes.
16     Money Appropriated in this Bill:
17          None
18     Other Special Clauses:
19          None
20     Utah Code Sections Affected:
21     AMENDS:
22          78B-1-104, as renumbered and amended by Laws of Utah 2008, Chapter 3
23     

24     Be it enacted by the Legislature of the state of Utah:
25          Section 1. Section 78B-1-104 is amended to read:
26          78B-1-104. Jury composition.
27          (1) A trial jury consists of:
28          [(a) 12 persons in a capital case;]
29          [(b) eight persons in a noncapital first degree felony aggravated murder or other
30     criminal case which carries a term of incarceration of more than one year as a possible sentence
31     for the most serious offense charged;]
32          [(c) six persons in a criminal case which carries a term of incarceration of more than
33     six months but not more than one year as a possible sentence for the most serious offense
34     charged;]
35          [(d) four persons in a criminal case which carries a term of incarceration of six months
36     or less as a possible sentence for the most serious offense charged; and]
37          (a) 12 individuals in a criminal case in which the most serious offense charged is a
38     capital felony;
39          (b) 10 individuals in a criminal case in which the most serious offense charged is a
40     noncapital first degree felony;
41          (c) eight individuals in a criminal case in which the most serious offense charged is a
42     second or third degree felony;
43          (d) six individuals in a criminal case in which the most serious offense charged is a
44     class A misdemeanor;
45          (e) four individuals in a criminal case in which the most serious offense charged is a
46     class B or class C misdemeanor;
47          [(e)] (f) [eight persons] except as provided in Subsection (1)(g), eight individuals in a
48     civil case at law [except that the jury shall be four persons]; and
49          (g) four individuals in a civil case for damages of less than $20,000, exclusive of costs,
50     interest, and attorney fees.
51          (2) Except in the trial of a capital felony, the parties may stipulate upon the record to a
52     jury of a lesser number than established by this section.
53          (3) (a) The verdict in a criminal case shall be unanimous.
54          (b) The verdict in a civil case shall be by not less than three-fourths of the jurors.
55          (4) There is no jury in the trial of small claims cases.
56          (5) There is no jury in the adjudication of a minor [charged with what would constitute
57     a crime if committed by an adult] under Title 80, Chapter 6, Juvenile Justice.
58          Section 2. Effective date.
59          This bill takes effect on May 1, 2024.