Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 79 (2018GS)

Sponsor

Sen. Hillyard, L.

Final action

Governor Signed 3/14/2018

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• addresses the interest on judgment a court enters under certain circumstances;
• provides for how proof of security may be submitted to the clerk of the court;
• addresses length of a plea in abeyance;
• repeals certain requirements for an indictment to be valid;
• addresses which days a court is closed;
• addresses dissolution of a justice court created by interlocal agreement;
• modifies a provision related to an unsworn declaration;
• addresses which documents are sealed related to adoption;
• addresses court authorizing service by publication or mail under certain circumstances; and
• makes technical and conforming amendments.

Every vote on this bill

Bill text

JUDICIARY AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Lyle W. Hillyard
House Sponsor: 
V. Lowry Snow
LONG TITLE
General Description:
This bill amends provisions related to the judiciary.
Highlighted Provisions:
This bill:
▸ addresses the interest on judgment a court enters under certain circumstances;
▸ provides for how proof of security may be submitted to the clerk of the court;
▸ addresses length of a plea in abeyance;
▸ repeals certain requirements for an indictment to be valid;
▸ addresses which days a court is closed;
▸ addresses dissolution of a justice court created by interlocal agreement;
▸ modifies a provision related to an unsworn declaration;
▸ addresses which documents are sealed related to adoption;
▸ addresses court authorizing service by publication or mail under certain
circumstances; and
▸ makes technical and conforming amendments.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
15-1-4
, as last amended by Laws of Utah 2017, Chapter 379
41-12a-303.2
, as last amended by Laws of Utah 2017, Chapter 416
77-2a-2
, as enacted by Laws of Utah 1993, Chapter 82
77-10a-14
, as enacted by Laws of Utah 1990, Chapter 318
78A-2-212
, as renumbered and amended by Laws of Utah 2008, Chapter 3
78A-7-102
, as last amended by Laws of Utah 2012, Chapter 205
78B-5-705
, as renumbered and amended by Laws of Utah 2008, Chapter 119
78B-6-141
, as last amended by Laws of Utah 2017, Chapter 417
78B-6-807
, as last amended by Laws of Utah 2016, Chapter 33
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
15-1-4
 is amended to read:
15-1-4.
Interest on judgments.
(1) As used in this section, "federal postjudgment interest rate" means the interest rate
established for the federal court system under 28 U.S.C. Sec. 1961, as amended.
(2) (a) Except as provided in Subsection (2)(b), a judgment rendered on a lawful
contract shall conform to the contract and shall bear the interest agreed upon by the parties,
which shall be specified in the judgment.
(b) A judgment rendered on a deferred deposit loan subject to Title 7, Chapter 23,
Check Cashing and Deferred Deposit Lending Registration Act, shall bear interest at the rate
imposed under Subsection (3)(a) on an amount not exceeding the sum of:
(i) the total of the principal balance of the deferred deposit loan;
(ii) interest at the rate imposed by the deferred deposit loan agreement for a period not
exceeding 10 weeks as provided in Subsection 
7-23-401
(4);
(iii) costs;
(iv) attorney fees; and
(v) other amounts allowed by law and ordered by the court.
(3) (a) Except as otherwise provided by law, or as governed by Subsection (4), all other
final civil and criminal judgments of the district court and justice court shall bear interest at the
federal postjudgment interest rate as of January 1 of each year, plus 2%.
(b) The postjudgment interest rate in effect at the time of the judgment shall remain the
interest rate for the duration of the judgment.
(c) The interest on criminal judgments shall be calculated on the total amount of the
judgment.
(d) Interest paid on state revenue shall be deposited in accordance with Section
63A-3-505
.
(e) Interest paid on revenue to a county or municipality shall be paid to the general
fund of the county or municipality.
(4) A judgment under $10,000 in an action regarding the purchase of goods and
services shall bear interest from the date on which the district court or justice court enters the
[
judgement
] 
judgment
 at 10% plus the federal postjudgment interest rate 
in effect on January 1
of the year in which the judgment is entered
.
Section 2. Section 
41-12a-303.2
 is amended to read:
41-12a-303.2.
Evidence of owner's or operator's security to be carried when
operating motor vehicle -- Defense -- Penalties.
(1) As used in this section:
(a) "Division" means the Motor Vehicle Division of the State Tax Commission.
(b) "Registration materials" means the evidences of motor vehicle registration,
including all registration cards, license plates, temporary permits, and nonresident temporary
permits.
(2) (a) (i) A person operating a motor vehicle shall:
(A) have in the person's immediate possession evidence of owner's or operator's
security for the motor vehicle the person is operating; and
(B) display it upon demand of a peace officer.
(ii) A person is exempt from the requirements of Subsection (2)(a)(i) if the person is
operating:
(A) a government-owned or leased motor vehicle; or
(B) an employer-owned or leased motor vehicle and is driving it with the employer's
permission.
(iii) A person operating a vehicle that is owned by a rental company, as defined in
Section 
31A-22-311
, may comply with Subsection (2)(a)(i) by having in the person's
immediate possession, or displaying, the rental vehicle's rental agreement, as defined in Section
31A-22-311
.
(b) Evidence of owner's or operator's security includes any one of the following:
(i) a copy of the operator's valid:
(A) insurance policy;
(B) insurance policy declaration page;
(C) binder notice;
(D) renewal notice; or
(E) card issued by an insurance company as evidence of insurance;
(ii) a certificate of insurance issued under Section 
41-12a-402
;
(iii) a certified copy of a surety bond issued under Section 
41-12a-405
;
(iv) a certificate of the state treasurer issued under Section 
41-12a-406
;
(v) a certificate of self-funded coverage issued under Section 
41-12a-407
; or
(vi) information that the vehicle or driver is insured from the Uninsured Motorist
Identification Database Program created under Title 41, Chapter 12a, Part 8, Uninsured
Motorist Identification Database Program.
(c) A card issued by an insurance company as evidence of owner's or operator's
security under Subsection (2)(b)(i)(E) on or after July 1, 2014, may not display the owner's or
operator's address on the card.
(d) (i) A person may provide to a peace officer evidence of owner's or operator's
security described in this Subsection (2) in:
(A) a hard copy format; or
(B) an electronic format using a mobile electronic device.
(ii) If a person provides evidence of owner's or operator's security in an electronic
format using a mobile electronic device under this Subsection (2)(d), the peace officer viewing
the owner's or operator's security on the mobile electronic device may not view any other
content on the mobile electronic device.
(iii) Notwithstanding any other provision under this section, a peace officer is not
subject to civil liability or criminal penalties under this section if the peace officer inadvertently
views content other than the evidence of owner's or operator's security on the mobile electronic
device.
(e) (i) Evidence of owner's or operator's security from the Uninsured Motorist
Identification Database Program described under Subsection (2)(b)(vi) supercedes any
evidence of owner's or operator's security described under Subsection (2)(b)(i)(D) or (E).
(ii) A peace officer may not cite or arrest a person for a violation of Subsection (2)(a) if
the Uninsured Motorist Identification Database Program created under Title 41, Chapter 12a,
Part 8, Uninsured Motorist Identification Database Program, information indicates that the
vehicle or driver is insured.
(3) It is an affirmative defense to a charge or in an administrative action under this
section that the person had owner's or operator's security in effect for the vehicle the person
was operating at the time of the person's citation or arrest.
(4) (a) The following are considered proof of owner's or operator's security for
purposes of Subsection (3) and Section 
41-12a-804
:
(i) evidence defined in Subsection (2)(b);
(ii) a written statement from an insurance producer or company verifying that the
person had the required motor vehicle insurance coverage on the date specified; or
(iii) a written statement from an insurance producer or company, or provision in an
insurance policy, indicating that the policy provides coverage for a newly purchased car and the
coverage extended to the date specified.
(b) The court considering a citation issued under this section shall allow the evidence
or a written statement under Subsection (4)(a) and a copy of the citation to be [
faxed
]
electronically submitted
 or mailed to the clerk of the court to satisfy Subsection (3).
(c) The notice under Section 
41-12a-804
 shall specify that the written statement under
Subsection (4)(a) and a copy of the notice shall be faxed or mailed to the designated agent to
satisfy the proof of owner's or operator's security required under Section 
41-12a-804
.
(5) A violation of this section is an infraction, and the fine shall be not less than:
(a) $400 for a first offense; and
(b) $1,000 for a second and subsequent offense within three years of a previous
conviction or bail forfeiture.
(6) Upon receiving notification from a court of a conviction for a violation of this
section, the department:
(a) shall suspend the person's driver license; and
(b) may not renew the person's driver license or issue a driver license to the person
until the person gives the department proof of owner's or operator's security.
(i) This proof of owner's or operator's security shall be given by any of the ways
required under Section 
41-12a-401
.
(ii) This proof of owner's or operator's security shall be maintained with the department
for a three-year period.
(iii) An insurer that provides a certificate of insurance as provided under Section
41-12a-402
 or 
41-12a-403
 may not terminate the insurance policy unless notice of termination
is filed with the department no later than 10 days after termination as required under Section
41-12a-404
.
(iv) If a person who has canceled the certificate of insurance applies for a license
within three years from the date proof of owner's or operator's security was originally required,
the department shall refuse the application unless the person reestablishes proof of owner's or
operator's security and maintains the proof for the remainder of the three-year period.
Section 3. Section 
77-2a-2
 is amended to read:
77-2a-2.
Plea in abeyance agreement -- Negotiation -- Contents -- Terms of
agreement -- Waiver of time for sentencing.
(1) At any time after acceptance of a plea of guilty or no contest but [
prior to
] 
before
entry of judgment of conviction and imposition of sentence, the court may, upon motion of
both the prosecuting attorney and the defendant, hold the plea in abeyance and not enter
judgment of conviction against the defendant nor impose sentence upon the defendant within
the time periods contained in Rule 22(a), Utah Rules of Criminal Procedure.
(2) [
The
] 
A
 defendant shall be represented by counsel during negotiations for a plea in
abeyance and at the time of acknowledgment and affirmation of any plea in abeyance
agreement unless the defendant [
shall have
] knowingly and intelligently [
waived his
] 
waives
the defendant's
 right to counsel.
(3) [
The
] 
A
 defendant has the right to be represented by counsel at any court hearing
relating to a plea in abeyance agreement.
(4) (a) Any plea in abeyance agreement entered into between the prosecution and the
defendant and approved by the court shall include a full, detailed recitation of the requirements
and conditions agreed to by the defendant and the reason for requesting the court to hold the
plea in abeyance.
(b) If the plea is to a felony or any combination of misdemeanors and felonies, the
agreement shall be in writing and shall, [
prior to
] 
before
 acceptance by the court, be executed
by the prosecuting attorney, the defendant, and the defendant's counsel in the presence of the
court.
(5) A plea [
shall
] 
may
 not be held in abeyance for a period longer than 18 months if the
plea was to any class of misdemeanor or longer than three years if the plea was to any degree of
felony or to any combination of misdemeanors and felonies.
(6) Notwithstanding Subsection (5), a plea may be held in abeyance for up to two years
if the plea is to any class of misdemeanor and the plea in abeyance agreement includes a
condition that the defendant participate in a problem solving court approved by the Judicial
Council.
[
(6)
] 
(7)
 A plea in abeyance agreement [
shall
] 
may
 not be approved unless the
defendant, before the court, and any written agreement, knowingly and intelligently waives
time for sentencing as designated in Rule 22(a), Utah Rules of Criminal Procedure.
Section 4. Section 
77-10a-14
 is amended to read:
77-10a-14.
Concurrence for indictment -- Proof -- Validity -- Disclosure.
(1) An indictment may be found only upon the concurrence of at least three-fourths, or
the next highest whole number, of the grand jurors.
(2) An indictment may not be found unless the grand jurors who vote in favor of the
indictment find there is clear and convincing evidence to believe the crime to be charged was
committed and the person to be indicted committed [
it
] 
the crime
. An indictment may not be
returned solely on the basis of incompetent hearsay.
[
(3) To be valid, the indictment shall be signed by the foreman and the attorney for the
state or special prosecutor and returned to the managing judge in open court. The clerk of the
managing court shall file the indictment upon receipt.
]
[
(4)
] 
(3)
 To be valid, the indictment shall be signed by the foreman and then returned
to the managing judge in open court. The clerk of the managing court shall file the indictment
upon receipt.
[
(5)
] 
(4)
 (a) The managing judge who takes the return of the indictment may direct that
the indictment be kept secret until the defendant is in custody or has been released pending
trial.
(b) The clerk shall then seal the indictment and, except for transferring the indictment
to the appropriate court for trial as provided by this chapter, may not permit any person to
disclose the return of the indictment except when necessary for the issuance and execution of a
warrant or summons.
Section 5. Section 
78A-2-212
 is amended to read:
78A-2-212.
Days on which court closed -- Exceptions.
Judicial business on Sunday, on any day on which 
a regular
 general election is held, or
on any legal holiday, is limited to the following purposes:
(1) to give, upon their request, instructions to a jury when deliberating on [
their
] 
the
jury's
 verdict;
(2) to receive a verdict or discharge a jury;
(3) for the exercise of the powers of a magistrate in a criminal action, or in a
proceeding of a criminal nature; and
(4) judicial business not involving a trial or hearing unless the judge finds it necessary
for the fair administration of justice.
Section 6. Section 
78A-7-102
 is amended to read:
78A-7-102.
Establishment of justice courts.
(1) (a) [
For the purposes of
] 
As used in
 this section, to "create a justice court" means
to:
(i) establish a justice court; or
(ii) establish a justice court under Title 11, Chapter 13, Interlocal Cooperation Act.
(b) For the purposes of this section, if more than one municipality or county is
collectively proposing to create a justice court, the class of the justice court shall be determined
by the total citations or cases filed within the territorial jurisdiction of the proposed justice
court.
(2) [
Municipalities or counties
] 
A municipality or county
 of the first or second class
may create a justice court by filing a written declaration with the Judicial Council on or before
July 1 at least two years [
prior to
] 
before
 the effective date of the election. Upon demonstration
of compliance with operating standards as established by statute and the Judicial Council, the
Judicial Council shall certify the creation of the 
justice
 court [
pursuant to
] 
under
 Section
78A-7-103
.
(3) (a) [
Municipalities or counties
] 
A municipality or county
 of the third, fourth, or fifth
class may create a justice court by demonstrating the need for the 
justice
 court and filing a
written declaration with the Judicial Council on or before July 1 at least one year [
prior to
]
before
 the effective date of the election.
(b) A municipality or county [
establishing
] 
creating
 a justice court shall demonstrate to
the Judicial Council that a justice court is needed. In evaluating the need for a justice court, the
Judicial Council shall consider factors of population, case filings, public convenience,
availability of law enforcement agencies and court support services, proximity to other courts,
and any special circumstances.
(c) The Judicial Council shall certify the [
establishment of a
] 
creation of the
 justice
court [
pursuant to
] 
under
 Section 
78A-7-103
, if the [
council
] 
Judicial Council
 determines:
(i) a need exists;
(ii) the municipality or county has filed a timely application; and
(iii) the proposed justice court will be in compliance with all of the operating standards
established by statute and the Judicial Council.
(4) (a) A municipality that has [
an established
] 
a
 justice court may expand the
territorial jurisdiction of [
its
] 
the
 justice court by entering into an agreement [
pursuant to
] 
under
Title 11, Chapter 13, Interlocal Cooperation Act, with one or more other municipalities, or the
county in which the municipality exists.
(b) A justice court enlarged under this [
section
] 
Subsection (4)
 may not be considered
as [
establishing
] 
creating
 a new justice court. An expanded justice court shall demonstrate that
it will be in compliance with all of the requirements of the operating standards as established
by statute and the Judicial Council before the justice court expands.
(c) A municipality or county seeking to expand the territorial jurisdiction of a justice
court shall notify the Judicial Council:
(i) no later than the notice period required in Section 
78A-7-123
, when the expanded
justice court is a result of the dissolution of one or more justice courts; or
(ii) no later than 180 days before the expanded court seeks to begin operation when the
expanded justice court is a result of other circumstances.
(d) The Judicial Council shall certify the expansion of a justice court if it determines
that the expanded justice court is in compliance with the operating standards established by
statute and the Judicial Council.
(e) (i) A municipality or county that has a justice court at the time of executing an
interlocal agreement, under Title 11, Chapter 13, Interlocal Cooperation Act, to become part of
an expanded court shall resume operation of the justice court upon termination of the interlocal
agreement in accordance with this Subsection (4)(e) or dissolve its justice courts in accordance
with Subsection (4)(e)(iii).
(ii) The municipality or county shall notify the Judicial Council at least 90 days before
resuming operations. The municipality or county shall demonstrate that the municipality's or
county's justice court will be in compliance with the operating standards.
(iii) If the Judicial Council determines that a justice court will not be in compliance
with the operating standards, the Judicial Council shall direct the expanded justice court to
continue operation until the Judicial Council is satisfied the municipality's or county's justice
court will meet the operating standards or until the municipality or county dissolves the
municipality's or county's justice court in accordance with Section 
78A-7-123
.
(iv) If the interlocal agreement includes a municipality or county that did not have a
justice court at the time the interlocal agreement was executed, the municipality or county shall
notify the Judicial Council at least 180 days before termination of the interlocal agreement. In
the notification, the municipality or county shall set forth its intentions in regard to adjudicating
offenses committed within the municipality's or county's territorial boundaries. The Judicial
Council may require the expanded justice court to continue operation until the Judicial Council
is satisfied that the municipality's or county's caseload will be adequately subsumed by another
justice court.
(5) Upon request from a municipality or county seeking to create a justice court, the
Judicial Council may shorten the time required between the [
city's
] 
municipality's
 or county's
written declaration or election to create a justice court and the effective date of the election.
(6) The Judicial Council may by rule provide resources and procedures adequate for
the timely disposition of all matters brought before the courts. The [
administrative office of the
courts
] 
Administrative Office of the Courts
 and local governments shall cooperate in allocating
resources to operate the courts in the most efficient and effective manner based on the
allocation of responsibility between courts of record and not of record.
Section 7. Section 
78B-5-705
 is amended to read:
78B-5-705.
Unsworn declaration in lieu of affidavit.
(1) If the [
Utah Rules of Criminal Procedure, Civil Procedure, or Evidence
] 
Utah
Supreme Court rules of procedure or evidence
 require or permit a written declaration upon
oath, an individual may, with like force and effect, provide an unsworn written declaration,
subscribed and dated under penalty of this section, in substantially the following form:
"I declare (or certify, verify, or state) under criminal penalty of the State of Utah that the
foregoing is true and correct.
Executed on (date).
(Signature)".
(2) A person who knowingly makes a false written statement [
as provided
] under
Subsection (1) is guilty of a class B misdemeanor.
Section 8. Section 
78B-6-141
 is amended to read:
78B-6-141.
Court hearings may be closed -- Petition and documents sealed --
Exceptions.
(1) Notwithstanding Section 
78A-6-114
, court hearings in adoption cases may be
closed to the public upon request of a party to the adoption petition and upon court approval. In
a closed hearing, only the following individuals may be admitted:
(a) a party to the proceeding;
(b) the adoptee;
(c) a representative of an agency having custody of the adoptee;
(d) in a hearing to relinquish parental rights, the individual whose rights are to be
relinquished and invitees of that individual to provide emotional support;
(e) in a hearing on the termination of parental rights, the individual whose rights may
be terminated;
(f) in a hearing on a petition to intervene, the proposed intervenor;
(g) in a hearing to finalize an adoption, invitees of the petitioner; and
(h) other individuals for good cause, upon order of the court.
(2) An adoption document[
, the written report described in Section 
78B-6-135
,
] and
any other documents filed in connection with a petition for adoption are sealed.
(3) The documents described in Subsection (2) may only be open to inspection and
copying:
(a) in accordance with Subsection (5)(a), by a party to the adoption proceeding:
(i) while the proceeding is pending; or
(ii) within six months after the day on which the adoption decree is entered;
(b) subject to Subsection (5)(b), if a court enters an order permitting access to the
documents by an individual who has appealed the denial of that individual's motion to
intervene;
(c) upon order of the court expressly permitting inspection or copying, after good cause
has been shown;
(d) as provided under Section 
78B-6-144
;
(e) when the adoption document becomes public on the one hundredth anniversary of
the date the final decree of adoption was entered;
(f) when the birth certificate becomes public on the one hundredth anniversary of the
date of birth;
(g) to a mature adoptee or a parent who adopted the mature adoptee, without a court
order, unless the final decree of adoption is entered by the juvenile court under Subsection
78B-6-115
(3)(b); or
(h) to an adult adoptee, to the extent permitted under Subsection (4).
(4) (a) For an adoption finalized on or after January 1, 2016, a birth parent may elect,
on a written consent form provided by the office, to permit identifying information about the
birth parent to be made available for inspection by an adult adoptee.
(b) A birth parent may, at any time, file a written document with the office to:
(i) change the election described in Subsection (4)(a); or
(ii) elect to make other information about the birth parent, including an updated
medical history, available for inspection by an adult adoptee.
(c) A birth parent may not access any identifying information or an adoption document
under this Subsection (4).
(5) (a) An individual who files a motion to intervene in an adoption proceeding:
(i) is not a party to the adoption proceeding, unless the motion to intervene is granted;
and
(ii) may not be granted access to the documents described in Subsection (2), unless the
motion to intervene is granted.
(b) An order described in Subsection (3)(b) shall:
(i) prohibit the individual described in Subsection (3)(b) from inspecting a document
described in Subsection (2) that contains identifying information of the adoptive or prospective
adoptive parent; and
(ii) permit the individual described in Subsection (5)(b)(i) to review a copy of a
document described in Subsection (5)(b)(i) after the identifying information described in
Subsection (5)(b)(i) is redacted from the document.
Section 9. Section 
78B-6-807
 is amended to read:
78B-6-807.
Allegations permitted in complaint -- Time for appearance -- Service
of summons.
(1) The plaintiff, in [
his
] 
the plaintiff's
 complaint:
(a) shall set forth the facts on which [
he
] 
the plaintiff
 seeks to recover;
(b) may set forth any circumstances of fraud, force, or violence which may have
accompanied the alleged forcible entry, or forcible or unlawful detainer; and
(c) 
may
 claim damages or compensation for the occupation of the premises, or both.
(2) If the unlawful detainer charged is after default in the payment of rent, the
complaint shall state the amount of rent due.
(3) The summons shall include the number of days within which the defendant is
required to appear and defend the action, which shall be three business days from the date of
service, unless the defendant objects to the number of days, and the court determines that the
facts of the case should allow more time.
(4) The court may authorize service by publication or mail [
for cause shown
] 
in
accordance with the Utah Rules of Civil Procedure
.
(5) Service by publication is complete one week after publication.
(6) Service by mail is complete three days after mailing.
(7) The summons shall be changed in form to conform to the time of service as
ordered, and shall be served as in other cases.