Representative Kera Birkeland proposes the following substitute bill:


1     
AMENDMENTS RELATING TO DISTRICT ATTORNEY IN COUNTY

2     
OF THE FIRST CLASS

3     
2024 GENERAL SESSION

4     
STATE OF UTAH

5     
Chief Sponsor: Jerry W Stevenson

6     
House Sponsor: Karianne Lisonbee

7     

8     LONG TITLE
9     General Description:
10          This bill modifies provisions relating to the district attorney in counties of the first
11     class.
12     Highlighted Provisions:
13          This bill:
14          ▸     requires the district attorney's office in counties of the first class to track time spent
15     on criminal cases;
16          ▸     requires the district attorney's office in counties of the first class to provide an
17     annual written report to the Law Enforcement and Criminal Justice Interim
18     Committee;
19          ▸     provides for a sunset review of the data collection and reporting requirement after
20     five years; and
21          ▸     provides a process for recommending that the Utah Supreme Court appoint a
22     prosecutor pro tempore.
23     Money Appropriated in this Bill:
24          None
25     Other Special Clauses:

26          This bill provides a coordination clause.
27          This bill provides a special effective date.
28     Utah Code Sections Affected:
29     AMENDS:
30          63I-1-217, as last amended by Laws of Utah 2023, Chapter 96
31     ENACTS:
32          17-18a-203.5, Utah Code Annotated 1953
33     Utah Code Sections Affected By Coordination Clause:
34          17-18a-203.5, as Utah Code Annotated 1953
35     

36     Be it enacted by the Legislature of the state of Utah:
37     The following section is affected by a revisor instruction and a coordination clause at the end
38     of this bill.
39          Section 1. Section 17-18a-203.5 is enacted to read:
40          17-18a-203.5. District attorney data collection -- Report -- Recommendation to
41     appoint a prosecutor pro tempore.
42          (1) In this section, "prosecution personnel" means:
43          (a) investigators;
44          (b) prosecutors;
45          (c) support staff; or
46          (d) other individuals paid for their work on the case.
47          (2) The district attorney in a county of the first class shall:
48          (a) track the time spent by prosecution personnel on each criminal case, calculated in
49     quarter of an hour increments, by the offense classification; and
50          (b) provide a written report to the Law Enforcement and Criminal Justice Interim
51     Committee by November 1, annually.
52          (3) The annual report required in Subsection (2)(b) shall include the following
53     information, organized by the offense classification, for the cases that were active during the
54     reporting period:
55          (a) the total number of hours, calculated in quarter of an hour increments, worked on
56     the cases by prosecution personnel;

57          (b) the average amount of taxpayer dollars spent per case, as calculated by the hours
58     worked and the salary of the prosecution personnel who worked on the case;
59          (c) the cumulative total hours worked and the number of cases, categorized by the
60     following:
61          (i) cases that were dismissed prior to the filing of charges;
62          (ii) cases that were dismissed after charges were filed;
63          (iii) cases in which a plea agreement was reached by the parties prior to the preliminary
64     hearing;
65          (iv) cases that were dismissed by the court after the preliminary hearing;
66          (v) cases in which a plea agreement was reached by the parties after the preliminary
67     hearing;
68          (vi) cases that resulted in a court ruling in favor of the state; and
69          (vii) cases that resulted in a court ruling in favor of the defense;
70          (d) the average number of days between:
71          (i) the filing of criminal charges; and
72          (ii) (A) the delivery of discovery information, including witness statements;
73          (B) the preliminary hearing; or
74          (C) the first day of trial; and
75          (e) the average number of attorneys assigned to each case.
76          (4) (a) As used in this Subsection (4):
77          (i) "County urban areas" means the major urban areas within a county of the first class.
78          (ii) "Replacement prosecutor" means a prosecutor pro tempore that the Utah Supreme
79     Court is authorized to appoint under Utah Constitution, Article VIII, Section 16.
80          (b) The governor may recommend to the Utah Supreme Court that the Utah Supreme
81     Court appoint a replacement prosecutor in a county of the first class to prosecute crimes in
82     county urban areas in the place of the district attorney if the governor determines that the
83     district attorney has failed or refused to adequately prosecute crimes within the county urban
84     areas.
85          (c) If the Utah Supreme Court appoints a replacement prosecutor in response to a
86     recommendation under this Subsection (4), the temporary prosecutor shall prosecute crimes
87     within the county urban areas in the place of the district attorney until the temporary

88     prosecutor's appointment expires.
89          Section 2. Section 63I-1-217 is amended to read:
90          63I-1-217. Repeal dates: Title 17.
91          (1) Section 17-18a-203.5 is repealed on July 1, 2029.
92          (2) Title 17, Chapter 21a, Part 3, Administration and Standards, which creates the Utah
93     Electronic Recording Commission, is repealed July 1, 2022.
94          [(2)] (3) In relation to Section 17-31-2, on July 1, 2023:
95          (a) Subsection 17-31-2(1)(g), which defines "economic diversification activity," is
96     repealed;
97          (b) Subsection 17-31-2(2)(a)(iii), relating to establishing and promoting an economic
98     diversification activity, is repealed;
99          (c) Subsection 17-31-2(7)(b)(i) is amended to read:
100          "(i) for a purpose described in Subsection (2)(a) and subject to the limitation described
101     in Subsection (7)(d), the greater of:"; and
102          (d) Subsection 17-31-2(7)(d)(ii), relating to a limitation on the expenditure of revenue
103     for an economic diversification activity, is repealed.
104          [(3)] (4) Subsection 17-31-5.5(2)(a)(i)(E), relating to economic diversification activity,
105     is repealed July 1, 2023.
106          Section 3. Effective date.
107          This bill takes effect on July 1, 2025.
108          Section 4. Coordinating S.B. 273 with S.B. 272
109          If S.B. 273, Amendments Relating to District Attorney in County of the First Class, and
110     S.B. 272, Capital City Revitalization Zone, both pass and become law, the Legislature intends
111     that on July 1, 2025:
112          (1) Subsection 17-18a-203.5(4), as enacted in S.B. 273, be omitted; and
113          (2) the following Subsection (4) be added to Section 63N-3-1308, as enacted in S.B.
114     272:
115          "(4)(a) As used in this Subsection (4), "replacement prosecutor" means a prosecutor pro
116     tempore that the Utah Supreme Court is authorized to appoint under Utah Constitution, Article
117     VIII, Section 16.
118          (b) The committee may, by majority vote in a public meeting, adopt a recommendation

119     to the Utah Supreme Court that the Utah Supreme Court appoint a replacement prosecutor in a
120     county of the first class to prosecute crimes within the project area in the place of the district
121     attorney if the committee determines that the district attorney has failed or refused to
122     adequately prosecute crimes within the project area.
123          (c) If the Utah Supreme Court appoints a replacement prosecutor in response to a
124     recommendation under this Subsection (4), the temporary prosecutor shall prosecute crimes
125     within the project area in the place of the district attorney until the temporary prosecutor's
126     appointment expires.".