1     
JUSTICE COURT JURISDICTION

2     
2024 FOURTH SPECIAL 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 justice court jurisdiction.
10     Highlighted Provisions:
11          This bill:
12          ▸     amends the jurisdiction of the justice court; and
13          ▸     makes technical and conforming changes.
14     Money Appropriated in this Bill:
15          None
16     Other Special Clauses:
17          This bill provides a special effective date.
18          This bill has retrospective operation.
19     Utah Code Sections Affected:
20     AMENDS:
21          78A-7-106, as last amended by Laws of Utah 2024, Chapter 158
22     

23     Be it enacted by the Legislature of the state of Utah:
24          Section 1. Section 78A-7-106 is amended to read:
25          78A-7-106. Original jurisdiction of a justice court -- Territorial jurisdiction --
26     Transfer of a domestic violence case.
27          (1) A justice court has original jurisdiction over class B and C misdemeanors,

28     violations of ordinances, and infractions committed within the justice court's territorial
29     jurisdiction by an individual who is 18 years old or older.
30          (2) A justice court has original jurisdiction over the following offenses committed
31     within the justice court's territorial jurisdiction by a minor or an adult high school student:
32          (a) class C misdemeanor and infraction violations described in Title 53, Chapter 3, Part
33     2, Driver Licensing Act; and
34          (b) class B and C misdemeanor and infraction violations described in:
35          (i) Title 23A, Wildlife Resources Act;
36          (ii) Title 41, Chapter 1a, Motor Vehicle Act;
37          [(ii)] (iii) Title 41, Chapter 6a, Traffic Code;
38          [(iii)] (iv) Title 41, Chapter 12a, Financial Responsibility of Motor Vehicle Owners
39     and Operators Act;
40          [(iv)] (v) Title 41, Chapter 22, Off-highway Vehicles;
41          [(v)] (vi) Title 73, Chapter 18, State Boating Act;
42          [(vi)] (vii) Title 73, Chapter 18a, Boating - Litter and Pollution Control;
43          [(vii)] (viii) Title 73, Chapter 18b, Water Safety; and
44          [(viii)] (ix) Title 73, Chapter 18c, Financial Responsibility of Motorboat Owners and
45     Operators Act.
46          (3) Notwithstanding Subsection (1) or (2), a justice court does not have original
47     jurisdiction over:
48          (a) an offense described in Subsection (1) or (2) if:
49          (i) the district court has exclusive jurisdiction over the offense in accordance with
50     Subsection 78A-5-102(8) or Section 78A-5-102.5; or
51          (ii) the juvenile court has exclusive jurisdiction over the offense in accordance with
52     Section 78A-6-103.5; or
53          (b) the following offenses committed within the justice court's territorial jurisdiction by
54     a minor or an adult high school student:
55          (i) class B and C misdemeanor violations described in Title 41, Chapter 6a, Part 5,
56     Driving Under the Influence and Reckless Driving; and
57          (ii) a class B misdemeanor violation described in Section 73-18-12.
58          (4) A justice court has jurisdiction over:

59          (a) a small claims case under Chapter 8, Small Claims Courts, if a defendant resides in
60     or the debt arose within the territorial jurisdiction of the justice court; and
61          (b) a petition for expungement as described in Title 77, Chapter 40a, Expungement of
62     Criminal Records.
63          (5) An offense is committed within the territorial jurisdiction of a justice court if:
64          (a) conduct constituting an element of the offense or a result constituting an element of
65     the offense occurs within the court's jurisdiction, regardless of whether the conduct or result is
66     itself unlawful;
67          (b) either an individual committing an offense or a victim of an offense is located
68     within the court's jurisdiction at the time the offense is committed;
69          (c) either a cause of injury occurs within the court's jurisdiction or the injury occurs
70     within the court's jurisdiction;
71          (d) an individual commits any act constituting an element of an inchoate offense within
72     the court's jurisdiction, including an agreement in a conspiracy;
73          (e) an individual solicits, aids, or abets, or attempts to solicit, aid, or abet another
74     individual in the planning or commission of an offense within the court's jurisdiction;
75          (f) the investigation of the offense does not readily indicate in which court's
76     jurisdiction the offense occurred, and:
77          (i) the offense is committed upon or in any railroad car, vehicle, watercraft, or aircraft
78     passing within the court's jurisdiction;
79          (ii) the offense is committed on or in any body of water bordering on or within this
80     state if the territorial limits of the justice court are adjacent to the body of water;
81          (iii) an individual who commits theft exercises control over the affected property
82     within the court's jurisdiction; or
83          (iv) the offense is committed on or near the boundary of the court's jurisdiction;
84          (g) the offense consists of an unlawful communication that was initiated or received
85     within the court's jurisdiction; or
86          (h) jurisdiction is otherwise specifically provided by law.
87          (6) If a defendant in a criminal case before a justice court is a minor, the justice court
88     may transfer the case to the juvenile court for further proceedings if the justice court
89     determines and the juvenile court concurs that the best interests of the defendant would be

90     served by the continuing jurisdiction of the juvenile court.
91          (7) (a) If a justice court has jurisdiction over a criminal action involving a domestic
92     violence offense and the criminal action is set for trial, the prosecuting attorney or the
93     defendant may file a notice of transfer in the justice court to transfer the criminal action from
94     the justice court to the district court.
95          (b) If a prosecuting attorney files a notice of transfer, the prosecuting attorney shall
96     certify in the notice of transfer that the prosecuting attorney, or a representative from the
97     prosecuting attorney's office, has consulted with, or notified, all of the alleged victims about
98     transferring the criminal action to the district court.
99          (c) The justice court shall transfer a criminal action to the district court if the justice
100     court receives a notice of transfer from:
101          (i) the defendant as described in Subsection (7)(b); or
102          (ii) the prosecuting attorney as described in Subsection (7)(b) and the prosecuting
103     attorney's notice of intent complies with Subsection (7)(c).
104          Section 2. Effective date.
105          If approved by two-thirds of all the members elected to each house, this bill takes effect
106     upon approval by the governor, or the day following the constitutional time limit of Utah
107     Constitution, Article VII, Section 8, without the governor's signature, or in the case of a veto,
108     the date of veto override.
109          Section 3. Retrospective operation.
110          This bill has retrospective operation to May 1, 2024.