Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 300 First Substitute (2020GS)

Sponsor

Rep. Stratton, K.

Final action

Governor Signed 3/30/2020

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• extends the jurisdiction of a county justice court for limited circumstances.

Every vote on this bill

Bill text

JUSTICE COURT JURISDICTION AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Keven J. Stratton
Senate Sponsor: 
Todd Weiler
LONG TITLE
General Description:
This bill amends a provision relating to the territorial jurisdiction of a justice court.
Highlighted Provisions:
This bill:
▸ extends the jurisdiction of a county justice court for limited circumstances.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
78A-7-105
, as last amended by Laws of Utah 2014, Chapter 151
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
78A-7-105
 is amended to read:
78A-7-105.
Territorial jurisdiction -- Voting.
(1) 
(a)
 The territorial jurisdiction of county justice courts extends to the limits of the
precinct for which the justice court is created and includes all cities or towns within the
precinct, [
except
] 
other than
 cities where a municipal justice court exists.
(b) A county or district attorney may file a class B or C misdemeanor offense in a
county justice court, regardless of where the act occurred, if:
(i) the same offense could have been filed as a class A misdemeanor in district court;
(ii) statute provides that an attempt to commit the offense described in Subsection
(1)(b)(i) is a class B or class C misdemeanor; and
(iii) the case was submitted to the county or district attorney's office for prosecution.
(c) Notwithstanding Subsection (1)(a), the territorial jurisdiction of a county justice
court extends to the place where the act, filed as a class B or C misdemeanor under Subsection
(1)(b), occurred.
(2) The territorial jurisdiction of municipal justice courts extends to the corporate
limits of the municipality in which the justice court is created.
(3) Justice court judges have the same authority regarding matters within their
jurisdiction as judges of courts of record.
(4) A justice court may issue all extraordinary writs and other writs as necessary to
carry into effect its orders, judgments, and decrees.
(5) (a) Except as provided in this Subsection (5), a judgment rendered in a justice court
does not create a lien upon any real property of the judgment debtor unless the judgment or
abstract of the judgment:
(i) is recorded in the office of the county recorder of the county in which the real
property of the judgment debtor is located; and
(ii) contains the information identifying the judgment debtor in the judgment or
abstract of judgment as required in Subsection 
78B-5-201
(4)(b) or as a separate information
statement of the judgment creditor as required in Subsection 
78B-5-201
(5).
(b) The lien runs for eight years from the date the judgment was entered in the district
court under Section 
78B-5-202
 unless the judgment is earlier satisfied.
(c) State agencies are exempt from the recording requirement of Subsection (5)(a).