Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 4001 (2024S4)

Sponsor

Sen. Plumb, J.

Final action

Governor Signed 8/22/2024

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• amends the jurisdiction of the justice court; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

JUSTICE COURT JURISDICTION
FOURTH SPECIAL SESSION
STATE OF UTAH
Chief Sponsor: Jen Plumb
House Sponsor: 
Anthony E. Loubet
LONG TITLE
General Description:
This bill addresses justice court jurisdiction.
Highlighted Provisions:
This bill:
▸ amends the jurisdiction of the justice court; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a special effective date.
This bill has retrospective operation.
Utah Code Sections Affected:
AMENDS:
78A-7-106
, as last amended by Laws of Utah 2024, Chapter 158
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
78A-7-106
 is amended to read:
78A-7-106.
Original jurisdiction of a justice court -- Territorial jurisdiction --
Transfer of a domestic violence case.
(1) A justice court has original jurisdiction over class B and C misdemeanors,
violations of ordinances, and infractions committed within the justice court's territorial
jurisdiction by an individual who is 18 years old or older.
(2) A justice court has original jurisdiction over the following offenses committed
within the justice court's territorial jurisdiction by a minor or an adult high school student:
(a) class C misdemeanor and infraction violations described in Title 53, Chapter 3, Part
2, Driver Licensing Act; and
(b) class B and C misdemeanor 
and infraction
 violations described in:
(i) Title 23A, Wildlife Resources Act;
(ii) Title 41, Chapter 1a, Motor Vehicle Act;
[
(ii)
] 
(iii)
 Title 41, Chapter 6a, Traffic Code;
[
(iii)
] 
(iv)
 Title 41, Chapter 12a, Financial Responsibility of Motor Vehicle Owners
and Operators Act;
[
(iv)
] 
(v)
 Title 41, Chapter 22, Off-highway Vehicles;
[
(v)
] 
(vi)
 Title 73, Chapter 18, State Boating Act;
[
(vi)
] 
(vii)
 Title 73, Chapter 18a, Boating - Litter and Pollution Control;
[
(vii)
] 
(viii)
 Title 73, Chapter 18b, Water Safety; and
[
(viii)
] 
(ix)
 Title 73, Chapter 18c, Financial Responsibility of Motorboat Owners and
Operators Act.
(3) Notwithstanding Subsection (1) or (2), a justice court does not have original
jurisdiction over:
(a) an offense described in Subsection (1) or (2) if:
(i) the district court has exclusive jurisdiction over the offense in accordance with
Subsection 
78A-5-102
(8) or Section 
78A-5-102.5
; or
(ii) the juvenile court has exclusive jurisdiction over the offense in accordance with
Section 
78A-6-103.5
; or
(b) the following offenses committed within the justice court's territorial jurisdiction by
a minor or an adult high school student:
(i) class B and C misdemeanor violations described in Title 41, Chapter 6a, Part 5,
Driving Under the Influence and Reckless Driving; and
(ii) a class B misdemeanor violation described in Section 
73-18-12
.
(4) A justice court has jurisdiction over:
(a) a small claims case under Chapter 8, Small Claims Courts, if a defendant resides in
or the debt arose within the territorial jurisdiction of the justice court; and
(b) a petition for expungement as described in Title 77, Chapter 40a, Expungement of
Criminal Records.
(5) An offense is committed within the territorial jurisdiction of a justice court if:
(a) conduct constituting an element of the offense or a result constituting an element of
the offense occurs within the court's jurisdiction, regardless of whether the conduct or result is
itself unlawful;
(b) either an individual committing an offense or a victim of an offense is located
within the court's jurisdiction at the time the offense is committed;
(c) either a cause of injury occurs within the court's jurisdiction or the injury occurs
within the court's jurisdiction;
(d) an individual commits any act constituting an element of an inchoate offense within
the court's jurisdiction, including an agreement in a conspiracy;
(e) an individual solicits, aids, or abets, or attempts to solicit, aid, or abet another
individual in the planning or commission of an offense within the court's jurisdiction;
(f) the investigation of the offense does not readily indicate in which court's
jurisdiction the offense occurred, and:
(i) the offense is committed upon or in any railroad car, vehicle, watercraft, or aircraft
passing within the court's jurisdiction;
(ii) the offense is committed on or in any body of water bordering on or within this
state if the territorial limits of the justice court are adjacent to the body of water;
(iii) an individual who commits theft exercises control over the affected property
within the court's jurisdiction; or
(iv) the offense is committed on or near the boundary of the court's jurisdiction;
(g) the offense consists of an unlawful communication that was initiated or received
within the court's jurisdiction; or
(h) jurisdiction is otherwise specifically provided by law.
(6) If a defendant in a criminal case before a justice court is a minor, the justice court
may transfer the case to the juvenile court for further proceedings if the justice court
determines and the juvenile court concurs that the best interests of the defendant would be
served by the continuing jurisdiction of the juvenile court.
(7) (a) If a justice court has jurisdiction over a criminal action involving a domestic
violence offense and the criminal action is set for trial, the prosecuting attorney or the
defendant may file a notice of transfer in the justice court to transfer the criminal action from
the justice court to the district court.
(b) If a prosecuting attorney files a notice of transfer, the prosecuting attorney shall
certify in the notice of transfer that the prosecuting attorney, or a representative from the
prosecuting attorney's office, has consulted with, or notified, all of the alleged victims about
transferring the criminal action to the district court.
(c) The justice court shall transfer a criminal action to the district court if the justice
court receives a notice of transfer from:
(i) the defendant as described in Subsection (7)(b); or
(ii) the prosecuting attorney as described in Subsection (7)(b) and the prosecuting
attorney's notice of intent complies with Subsection (7)(c).
Section 2. 
Effective date.
If approved by two-thirds of all the members elected to each house, this bill takes effect
upon approval by the governor, or the day following the constitutional time limit of Utah
Constitution, Article VII, Section 8, without the governor's signature, or in the case of a veto,
the date of veto override.
Section 3. 
Retrospective operation.
This bill has retrospective operation to May 1, 2024.