Senator Jen Plumb proposes the following substitute bill:


1     
COURT JURISDICTION MODIFICATIONS

2     
2024 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Jen Plumb

5     
House Sponsor: Anthony E. Loubet

6     

7     LONG TITLE
8     General Description:
9          This bill addresses the jurisdiction of the juvenile and justice courts.
10     Highlighted Provisions:
11          This bill:
12          ▸     clarifies the jurisdiction of the juvenile court and the justice court; and
13          ▸     makes technical and conforming changes.
14     Money Appropriated in this Bill:
15          None
16     Other Special Clauses:
17          None
18     Utah Code Sections Affected:
19     AMENDS:
20          63I-1-278, as last amended by Laws of Utah 2022, Chapters 188, 318, 384, and 423
21          78A-5-102, as last amended by Laws of Utah 2022, Chapters 155, 318
22          78A-6-103, as last amended by Laws of Utah 2023, Chapters 115, 161, 264, and 330
23          78A-6-103.5, as last amended by Laws of Utah 2022, Chapter 155
24          78A-7-106, as last amended by Laws of Utah 2023, Chapter 34
25          80-6-303, as last amended by Laws of Utah 2023, Chapter 161
26     ENACTS:
27          78A-7-101.1, Utah Code Annotated 1953
28     RENUMBERS AND AMENDS:
29          78A-7-101.5, (Renumbered from 78A-7-101, as last amended by Laws of Utah 2023,
30     Chapter 475)
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) Subsections 78A-2-301(4) and 78A-2-301.5(12), regarding the suspension of filing
36     fees for petitions for expungement, are repealed on July 1, 2023.
37          (2) Section 78B-3-421, regarding medical malpractice arbitration agreements, is
38     repealed July 1, 2029.
39          (3) Subsection [78A-7-106(6)] 78A-7-106(7), regarding the transfer of a criminal
40     action involving a domestic violence offense from the justice court to the district court, is
41     repealed on July 1, 2024.
42          (4) Section 78B-4-518, regarding the limitation on employer liability for an employee
43     convicted of an offense, is repealed on July 1, 2025.
44          (5) Title 78B, Chapter 6, Part 2, Alternative Dispute Resolution Act, is repealed July 1,
45     2026.
46          (6) Title 78B, Chapter 12, Part 4, Advisory Committee, which creates the Child
47     Support Guidelines Advisory Committee, is repealed July 1, 2026.
48          (7) Section 78B-22-805, regarding the Interdisciplinary Parental Representation Pilot
49     Program, is repealed December 31, 2024.
50          Section 2. Section 78A-5-102 is amended to read:
51          78A-5-102. Jurisdiction of the district court -- Appeals.
52          (1) Except as otherwise provided by the Utah Constitution or by statute, the district
53     court has original jurisdiction in all matters civil and criminal.
54          (2) A district court judge may issue all extraordinary writs and other writs necessary to
55     carry into effect the district court judge's orders, judgments, and decrees.
56          (3) The district court has jurisdiction over matters of lawyer discipline consistent with
57     the rules of the Supreme Court.
58          (4) The district court has jurisdiction over all matters properly filed in the circuit court
59     prior to July 1, 1996.
60          (5) The district court has appellate jurisdiction over judgments and orders of the justice
61     court as outlined in Section 78A-7-118 and small claims appeals filed in accordance with
62     Section 78A-8-106.
63          (6) Jurisdiction over appeals from the final orders, judgments, and decrees of the
64     district court is described in Sections 78A-3-102 and 78A-4-103.
65          (7) The district court has jurisdiction to review:
66          (a) agency adjudicative proceedings as set forth in Title 63G, Chapter 4,
67     Administrative Procedures Act, and shall comply with the requirements of that chapter in the
68     district court's review of agency adjudicative proceedings; and
69          (b) municipal administrative proceedings in accordance with Section 10-3-703.7.
70          (8) Notwithstanding Section 78A-7-106, the district court has original jurisdiction over
71     a class B misdemeanor, a class C misdemeanor, an infraction, or a violation of an ordinance for
72     which a justice court has original jurisdiction under Section 78A-7-106 if:
73          (a) there is no justice court with territorial jurisdiction;
74          (b) 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          (c) 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 .
80          (9) If a district court has jurisdiction in accordance with Subsection (5), (8)(a), or
81     (8)(b), the district court has jurisdiction over an offense listed in Subsection [78A-7-106(2)]
82     78A-7-106(2) even if the offense is committed by an individual who is 16 or 17 years old.
83          (10) The district court has subject matter jurisdiction over an action under Title 78B,
84     Chapter 7, Part 2, Child Protective Orders, if the juvenile court transfers the action to the
85     district court.
86          (11) (a) The district court has subject matter jurisdiction over a criminal action that the
87     justice court transfers to the district court.
88          (b) Notwithstanding Subsection 78A-7-106(1), the district court has original
89     jurisdiction over any refiled case of a criminal action transferred to the district court if the
90     district court dismissed the transferred case without prejudice.
91          Section 3. Section 78A-6-103 is amended to read:
92          78A-6-103. Original jurisdiction of the juvenile court -- Magistrate functions --
93     Findings -- Transfer of a case from another court.
94          (1) Except as [otherwise provided by Sections 78A-5-102.5 and 78A-7-106] provided
95     in Subsection (3), the juvenile court has original jurisdiction over:
96          (a) a felony, misdemeanor, infraction, or violation of an ordinance, under municipal,
97     state, or federal law, that was committed by a child;
98          (b) a felony, misdemeanor, infraction, or violation of an ordinance, under municipal,
99     state, or federal law, that was committed by an individual:
100          (i) who is under 21 years old at the time of all court proceedings; and
101          (ii) who was under 18 years old at the time the offense was committed; and
102          (c) a misdemeanor, infraction, or violation of an ordinance, under municipal or state
103     law, that was committed:
104          (i) by an individual:
105          (A) who was 18 years old and enrolled in high school at the time of the offense; and
106          (B) who is under 21 years old at the time of all court proceedings; and
107          (ii) on school property where the individual was enrolled:
108          (A) when school was in session; or
109          (B) during a school-sponsored activity, as defined in [Subsection] Section 53G-8-211.
110          (2) The juvenile court has original jurisdiction over:
111          (a) any proceeding concerning:
112          (i) a child who is an abused child, neglected child, or dependent child;
113          (ii) a protective order for a child in accordance with Title 78B, Chapter 7, Part 2, Child
114     Protective Orders;
115          (iii) the appointment of a guardian of the individual or other guardian of a minor who
116     comes within the court's jurisdiction under other provisions of this section;
117          (iv) the emancipation of a minor in accordance with Title 80, Chapter 7, Emancipation;
118          (v) the termination of parental rights in accordance with Title 80, Chapter 4,
119     Termination and Restoration of Parental Rights, including termination of residual parental
120     rights and duties;
121          (vi) the treatment or commitment of a minor who has an intellectual disability;
122          (vii) the judicial consent to the marriage of a minor who is 16 or 17 years old in
123     accordance with Section 30-1-9;
124          (viii) an order for a parent or a guardian of a child under Subsection 80-6-705(3);
125          (ix) a minor under Title 80, Chapter 6, Part 11, Interstate Compact for Juveniles;
126          (x) the treatment or commitment of a child with a mental illness;
127          (xi) the commitment of a child to a secure drug or alcohol facility in accordance with
128     Section 26B-5-204;
129          (xii) a minor found not competent to proceed in accordance with Title 80, Chapter 6,
130     Part 4, Competency;
131          (xiii) de novo review of final agency actions resulting from an informal adjudicative
132     proceeding as provided in Section 63G-4-402;
133          (xiv) adoptions conducted in accordance with the procedures described in Title 78B,
134     Chapter 6, Part 1, Utah Adoption Act, if the juvenile court has previously entered an order
135     terminating the rights of a parent and finds that adoption is in the best interest of the child;
136          (xv) an ungovernable or runaway child who is referred to the juvenile court by the
137     Division of Juvenile Justice and Youth Services if, despite earnest and persistent efforts by the
138     Division of Juvenile Justice and Youth Services, the child has demonstrated that the child:
139          (A) is beyond the control of the child's parent, guardian, or custodian to the extent that
140     the child's behavior or condition endangers the child's own welfare or the welfare of others; or
141          (B) has run away from home; and
142          (xvi) a criminal information filed under Part 4a, Adult Criminal Proceedings, for an
143     adult alleged to have committed an offense under Subsection 78A-6-352(4)(b) for failure to
144     comply with a promise to appear and bring a child to the juvenile court;
145          (b) a petition for expungement under Title 80, Chapter 6, Part 10, Juvenile Records and
146     Expungement; [and]
147          (c) the extension of a nonjudicial adjustment under Section 80-6-304[.]; and
148          [(3)] (d) [The juvenile court has original jurisdiction over] a petition for special
149     findings under Section 80-3-505.
150          (3) The juvenile court does not have original jurisdiction over an offense committed by
151     a minor as described in Subsection (1) if:
152          (a) the district court has original jurisdiction over the offense under Section
153     78A-5-102.5;
154          (b) the district court has original jurisdiction over the offense under Subsection
155     78A-5-102(8), unless the juvenile court has exclusive jurisdiction over the offense under
156     Section 78A-6-103.5; or
157          (c) the justice court has original jurisdiction over the offense under Subsection
158     78A-7-106(2), unless the juvenile court has exclusive jurisdiction over the offense under
159     Section 78A-6-103.5.
160          (4) It is not necessary for a minor to be adjudicated for an offense or violation of the
161     law under Section 80-6-701 for the juvenile court to exercise jurisdiction under Subsection
162     (2)(a)(xvi), (b), or (c).
163          (5) This section does not restrict the right of access to the juvenile court by private
164     agencies or other persons.
165          (6) The juvenile court has jurisdiction of all magistrate functions relative to cases
166     arising under Title 80, Chapter 6, Part 5, Transfer to District Court.
167          (7) The juvenile court has jurisdiction to make a finding of substantiated,
168     unsubstantiated, or without merit, in accordance with Section 80-3-404.
169          (8) The juvenile court has jurisdiction over matters transferred to the juvenile court by
170     another trial court in accordance with Subsection [78A-7-106(4)] 78A-7-106(6) and Section
171     80-6-303.
172          Section 4. Section 78A-6-103.5 is amended to read:
173          78A-6-103.5. Exclusive jurisdiction of the juvenile court -- Transfer from district
174     court.
175          (1) Except as provided in Subsection (3), the juvenile court has exclusive jurisdiction
176     over a felony, misdemeanor, infraction, or violation of an ordinance under municipal, state, or
177     federal law that is:
178          (a) committed by a child and that arises from a single criminal episode containing an
179     offense for which:
180          (i) a citation, petition, indictment, or criminal information is filed; and
181          (ii) the court has original jurisdiction as described in Subsection 78A-6-103(1)(a);
182     [and] or
183          (b) committed by an individual who is under 21 years old at the time of all court
184     proceedings, but committed before the individual was 18 years old, and that arises from a
185     single criminal episode containing an offense for which:
186          (i) a citation, petition, indictment, or criminal information is filed; and
187          (ii) the court has original jurisdiction as described in Subsection 78A-6-103(1)(b).
188          (2) The juvenile court has exclusive jurisdiction over a misdemeanor, infraction, or
189     violation of an ordinance under municipal or state law that:
190          (a) is committed by an individual:
191          (i) who was 18 years old and enrolled in high school at the time of the offense; and
192          (ii) who is under 21 years old at the time of all court proceedings;
193          (b) is committed on school property where the individual was enrolled:
194          (i) when school was in session; or
195          (ii) during a school-sponsored activity, as defined in Section 53G-8-211; and
196          (c) arises from a single criminal episode containing an offense for which:
197          (i) a citation, petition, indictment, or criminal information is filed; and
198          (ii) the court has original jurisdiction as described in Subsection 78A-6-103(1)(c).
199          [(2) For purposes of this section, the juvenile court has jurisdiction over the following
200     offenses committed by an individual who is under 21 years old at the time of all court
201     proceedings, but was under 18 years old at the time the offense was committed:]
202          [(a) an offense under Title 41, Chapter 6a, Part 5, Driving Under the Influence and
203     Reckless Driving; and]
204          [(b) an offense for operation in willful or wanton disregard for safety, as described in
205     Section 73-18-12.]
206          (3) If a juvenile court transfers jurisdiction of an offense to the district court under
207     Section 80-6-504, the exclusive jurisdiction of the juvenile court over that offense is
208     terminated.
209          (4) Upon entry of an order transferring an offense to the juvenile court in accordance
210     with Subsection 78A-5-102.5(6) or (7), the juvenile court gains or regains jurisdiction over any
211     offense for which the juvenile court has original or exclusive jurisdiction.
212          (5) After a district court transfers an offense to the juvenile court under Subsection
213     78A-5-102.5(6) or (7), the juvenile court shall:
214          (a) proceed upon the criminal information as if the criminal information were a petition
215     under Section 80-6-305; and
216          (b) if the minor was convicted of the transferred offense, enter the conviction as an
217     adjudication and proceed with disposition in accordance with Title 80, Chapter 6, Part 7,
218     Adjudication and Disposition.
219          (6) For purposes of this section and Section 78A-5-102.5, an offense transferred to the
220     juvenile court from the district court under Subsection 78A-5-102.5(6) or (7) is an adjudication
221     and not a conviction.
222          Section 5. Section 78A-7-101.1 is enacted to read:
223          78A-7-101.1. Definitions for chapter.
224          As used in this chapter:
225          (1) "Adult high school student" means an individual who:
226          (a) is 18 years old and enrolled in high school at the time of the offense;
227          (b) is under 21 years old at the time of all court proceedings; and
228          (c) committed the offense on school property where the individual is enrolled:
229          (i) when school was in session; or
230          (ii) during a school-sponsored activity, as defined in Section 53G-8-211.
231          (2) "Body of water" includes any stream, river, lake, or reservoir, whether natural or
232     man-made.
233          (3) "Domestic violence offense" means the same as that term is defined in Section
234     77-36-1.
235          (4) "Minor" means an individual who is 16 or 17 years old.
236          Section 6. Section 78A-7-101.5, which is renumbered from Section 78A-7-101 is
237     renumbered and amended to read:
238          [78A-7-101].      78A-7-101.5. Creation of justice court -- Not of record --
239     Independent branch of local government -- Classes of justice courts.
240          (1) (a) Under Article VIII, Section 1, Utah Constitution, there is created a court not of
241     record known as the justice court.
242          (b) The judges of this court are justice court judges.
243          (2) A justice court is:
244          (a) a court of this state in accordance with Section 78A-1-101;
245          (b) a part of the state judiciary even though the justice court is funded and staffed by a
246     municipality or county; and
247          (c) independent from the other branches of government for a municipality or county.
248          (3) A justice court may not be treated as part of the executive or legislative branches or
249     offices of a municipality or county.
250          (4) A municipality or county may only operate a justice court as authorized by this
251     chapter.
252          (5) Justice courts shall be divided into the following classes:
253          (a) Class I: 501 or more case filings per month;
254          (b) Class II: 201-500 case filings per month;
255          (c) Class III: 61-200 case filings per month; and
256          (d) Class IV: 60 or fewer case filings per month.
257          Section 7. Section 78A-7-106 is amended to read:
258          78A-7-106. Original jurisdiction of a justice court -- Territorial jurisdiction --
259     Transfer of a case.
260          [(1) (a) Except for an offense for which the district court has original jurisdiction under
261     Subsection 78A-5-102(8) or an offense for which the juvenile court has original jurisdiction
262     under Subsection 78A-6-103(1)(c), a justice court has original jurisdiction over class B and C
263     misdemeanors, violation of ordinances, and infractions committed within the justice court's
264     territorial jurisdiction by an individual who is 18 years old or older.]
265          [(b) A justice court has original jurisdiction over the following offenses committed
266     within the justice court's territorial jurisdiction by an individual who is 18 years old or older:]
267          [(i) class C misdemeanor and infraction violations of Title 53, Chapter 3, Part 2, Driver
268     Licensing Act; and]
269          [(ii) class B and C misdemeanor and infraction violations of:]
270          [(A) Title 23A, Wildlife Resources Act;]
271          [(B) Title 41, Chapter 1a, Motor Vehicle Act;]
272          [(C) Title 41, Chapter 6a, Traffic Code, except Title 41, Chapter 6a, Part 5, Driving
273     Under the Influence and Reckless Driving;]
274          [(D) Title 41, Chapter 12a, Financial Responsibility of Motor Vehicle Owners and
275     Operators Act;]
276          [(E) Title 41, Chapter 22, Off-highway Vehicles;]
277          [(F) Title 73, Chapter 18, State Boating Act, except Section 73-18-12;]
278          [(G) Title 73, Chapter 18a, Boating - Litter and Pollution Control;]
279          [(H) Title 73, Chapter 18b, Water Safety; and]
280          [(I) Title 73, Chapter 18c, Financial Responsibility of Motorboat Owners and
281     Operators Act.]
282          [(2) Except for an offense for which the district court has exclusive jurisdiction under
283     Section 78A-5-102.5 or an offense for which the juvenile court has exclusive jurisdiction under
284     Section 78A-6-103.5, a justice court has original jurisdiction over the following offenses
285     committed within the justice court's territorial jurisdiction by an individual who is 16 or 17
286     years old:]
287          [(a) class C misdemeanor and infraction violations of Title 53, Chapter 3, Part 2,
288     Driver Licensing Act; and]
289          [(b) class B and C misdemeanor and infraction violations of:]
290          [(i) Title 23A, Wildlife Resources Act;]
291          [(ii) Title 41, Chapter 1a, Motor Vehicle Act;]
292          [(iii) Title 41, Chapter 6a, Traffic Code, except Title 41, Chapter 6a, Part 5, Driving
293     Under the Influence and Reckless Driving;]
294          [(iv) Title 41, Chapter 12a, Financial Responsibility of Motor Vehicle Owners and
295     Operators Act;]
296          [(v) Title 41, Chapter 22, Off-highway Vehicles;]
297          [(vi) Title 73, Chapter 18, State Boating Act, except for an offense under Section
298     73-18-12;]
299          [(vii) Title 73, Chapter 18a, Boating - Litter and Pollution Control;]
300          [(viii) Title 73, Chapter 18b, Water Safety; and]
301          [(ix) Title 73, Chapter 18c, Financial Responsibility of Motorboat Owners and
302     Operators Act.]
303          (1) A justice court has original jurisdiction over class B and C misdemeanors,
304     violations of ordinances, and infractions committed within the justice court's territorial
305     jurisdiction by an individual who is 18 years old or older.
306          (2) A justice court has original jurisdiction over the following offenses committed
307     within the justice court's territorial jurisdiction by a minor or an adult high school student:
308          (a) class C misdemeanor and infraction violations described in Title 53, Chapter 3, Part
309     2, Driver Licensing Act; and
310          (b) class B and C misdemeanor violations described in:
311          (i) Title 23A, Wildlife Resources Act;
312          (ii) Title 41, Chapter 6a, Traffic Code;
313          (iii) Title 41, Chapter 12a, Financial Responsibility of Motor Vehicle Owners and
314     Operators Act;
315          (iv) Title 41, Chapter 22, Off-highway Vehicles;
316          (v) Title 73, Chapter 18, State Boating Act;
317          (vi) Title 73, Chapter 18a, Boating - Litter and Pollution Control;
318          (vii) Title 73, Chapter 18b, Water Safety; and
319          (viii) Title 73, Chapter 18c, Financial Responsibility of Motorboat Owners and
320     Operators Act.
321          (3) Notwithstanding Subsection (1) or (2), a justice court does not have original
322     jurisdiction over:
323          (a) an offense described in Subsection (1) or (2) if:
324          (i) the district court has exclusive jurisdiction over the offense in accordance with
325     Subsection 78A-5-102(8) or Section 78A-5-102.5; or
326          (ii) the juvenile court has exclusive jurisdiction over the offense in accordance with
327     Section 78A-6-103.5; or
328          (b) the following offenses committed within the justice court's territorial jurisdiction by
329     a minor or an adult high school student:
330          (i) class B and C misdemeanor violations described in Title 41, Chapter 6a, Part 5,
331     Driving Under the Influence and Reckless Driving; and
332          (ii) a class B misdemeanor violation described in Section 73-18-12.
333          (4) A justice court has jurisdiction over a small claims case under Chapter 8, Small
334     Claims Courts, if a defendant resides in or the debt arose within the territorial jurisdiction of
335     the justice court.
336          [(3)] (5) [(a) As used in this Subsection (3), "body of water" includes any stream, river,
337     lake, or reservoir, whether natural or man-made.]
338          [(b)] An offense is committed within the territorial jurisdiction of a justice court if:
339          [(i)] (a) conduct constituting an element of the offense or a result constituting an
340     element of the offense occurs within the court's jurisdiction, regardless of whether the conduct
341     or result is itself unlawful;
342          [(ii)] (b) either an individual committing an offense or a victim of an offense is located
343     within the court's jurisdiction at the time the offense is committed;
344          [(iii)] (c) either a cause of injury occurs within the court's jurisdiction or the injury
345     occurs within the court's jurisdiction;
346          [(iv)] (d) an individual commits any act constituting an element of an inchoate offense
347     within the court's jurisdiction, including an agreement in a conspiracy;
348          [(v)] (e) an individual solicits, aids, or abets, or attempts to solicit, aid, or abet another
349     individual in the planning or commission of an offense within the court's jurisdiction;
350          [(vi)] (f) the investigation of the offense does not readily indicate in which court's
351     jurisdiction the offense occurred, and:
352          [(A)] (i) the offense is committed upon or in any railroad car, vehicle, watercraft, or
353     aircraft passing within the court's jurisdiction;
354          [(B)] (ii) the offense is committed on or in any body of water bordering on or within
355     this state if the territorial limits of the justice court are adjacent to the body of water;
356          [(C)] (iii) an individual who commits theft exercises control over the affected property
357     within the court's jurisdiction; or
358          [(D)] (iv) the offense is committed on or near the boundary of the court's jurisdiction;
359          [(vii)] (g) the offense consists of an unlawful communication that was initiated or
360     received within the court's jurisdiction; or
361          [(viii)] (h) jurisdiction is otherwise specifically provided by law.
362          [(4)] (6) If [in a criminal case the defendant is 16 or 17 years old, a justice court judge]
363     a defendant in a criminal case before a justice court is a minor, the justice court may transfer
364     the case to the juvenile court for further proceedings if the justice court [judge] determines and
365     the juvenile court concurs that the best interests of the defendant would be served by the
366     continuing jurisdiction of the juvenile court.
367          [(5) Justice courts have jurisdiction of small claims cases under Title 78A, Chapter 8,
368     Small Claims Courts, if a defendant resides in or the debt arose within the territorial
369     jurisdiction of the justice court.]
370          [(6)] (7) [(a) As used in this Subsection (6), "domestic violence offense" means the
371     same as that term is defined in Section 77-36-1.]
372          [(b)] (a) If a justice court has jurisdiction over a criminal action involving a domestic
373     violence offense and the criminal action is set for trial, the prosecuting attorney or the
374     defendant may file a notice of transfer in the justice court to transfer the criminal action from
375     the justice court to the district court.
376          [(c)] (b) If a justice court receives a notice of transfer from the prosecuting attorney or
377     the defendant as described in Subsection [(6)(b)] (7)(a), the justice court shall transfer the
378     criminal action to the district court.
379          Section 8. Section 80-6-303 is amended to read:
380          80-6-303. Criminal proceedings involving minors -- Transfer to juvenile court --
381     Exception.
382          (1) (a) If while a criminal or quasi-criminal proceeding is pending, a district court or
383     justice court determines that [an individual being charged is under 21 years old and was
384     younger than 18 years old at the time of committing the alleged offense] the juvenile court has
385     jurisdiction over the offense, the district court or justice court shall transfer the case to the
386     juvenile court with all the papers, documents, and transcripts of any testimony.
387          (b) (i) Notwithstanding Subsection (1)(a), a district court may not transfer an offense
388     that is:
389          (A) filed in the district court in accordance with Section 80-6-502; or
390          (B) transferred to the district court in accordance with Section 80-6-504.
391          (ii) [Notwithstanding Subsection (1)(a), a] A justice court may decline to transfer an
392     offense for which the justice court has original jurisdiction under [Subsection 78A-7-106(2)]
393     Section 78A-7-106.
394          (2) (a) Except as provided in Subsection (2)(b), the district court or justice court
395     making the transfer shall:
396          (i) order the individual to be taken immediately to the juvenile court or to a place of
397     detention designated by the juvenile court; or
398          (ii) release the individual to the custody of the individual's parent or guardian or other
399     person legally responsible for the individual, to be brought before the juvenile court at a time
400     designated by the juvenile court.
401          (b) If the alleged offense under Subsection (1) occurred before the individual was 12
402     years old:
403          (i) the district court or justice court making the transfer shall release the individual to
404     the custody of the individual's parent or guardian, or other person legally responsible for the
405     individual;
406          (ii) the juvenile court shall treat the transfer as a referral under Section 80-6-301; and
407          (iii) a juvenile probation officer shall make a preliminary inquiry to determine whether
408     the individual is eligible for a nonjudicial adjustment in accordance with Section 80-6-303.5.
409          (c) If the case is transferred to the juvenile court under this section, the juvenile court
410     shall then proceed in accordance with this chapter.
411          (3) A district court or justice court does not have to transfer a case under Subsection
412     (1) if the district court or justice court would have had jurisdiction over the case at the time the
413     individual committed the offense in accordance with Sections 78A-5-102 and 78A-7-106.
414          Section 9. Effective date.
415          This bill takes effect on May 1, 2024.