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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
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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 [
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 [
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.".