Enrolled Copy H.B. 196
1 TRANSFER OF DOMESTIC VIOLENCE CASES
2 2022 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Stephanie Pitcher
5 Senate Sponsor: Michael K. McKell
6
7 LONG TITLE
8 General Description:
9 This bill addresses the transfer of domestic violence cases from the justice court to the
10 district court.
11 Highlighted Provisions:
12 This bill:
13 < creates a sunset date regarding the transfer of a criminal action from the justice
14 court to the district court;
15 < addresses the jurisdiction of the district court regarding cases transferred by the
16 justice court;
17 < defines a "domestic violence offense";
18 < requires a justice court to transfer a case involving a domestic violence offense
19 when the justice court receives a notice of transfer from a prosecuting attorney or a
20 defendant; and
21 < makes technical and conforming changes.
22 Money Appropriated in this Bill:
23 None
24 Other Special Clauses:
25 This bill provides a special effective date.
26 Utah Code Sections Affected:
27 AMENDS:
28 63I-1-278, as last amended by Laws of Utah 2020, Chapter 154
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29 78A-5-102, as last amended by Laws of Utah 2021, Chapter 262
30 78A-7-106, as last amended by Laws of Utah 2021, Chapter 262
31
32 Be it enacted by the Legislature of the state of Utah:
33 Section 1. Section 63I-1-278 is amended to read:
34 63I-1-278. Repeal dates, Title 78A and Title 78B.
35 (1) Section 78B-3-421, regarding medical malpractice arbitration agreements, is
36 repealed July 1, 2029.
37 (2) Subsection 78A-7-106(6), regarding the transfer of a criminal action involving a
38 domestic violence offense from the justice court to the district court, is repealed on July 1,
39 2024.
40 [(2)] (3) Title 78B, Chapter 6, Part 2, Alternative Dispute Resolution Act, is repealed
41 July 1, 2026.
42 [(3)] (4) Title 78B, Chapter 12, Part 4, Advisory Committee, which creates the Child
43 Support Guidelines Advisory Committee, is repealed July 1, 2026.
44 Section 2. Section 78A-5-102 is amended to read:
45 78A-5-102. Jurisdiction -- Appeals.
46 (1) As used in this section:
47 (a) "Qualifying offense" means an offense described in Subsection 80-6-502(1)(b).
48 (b) "Separate offense" means any offense that is not a qualifying offense.
49 (c) "Single criminal episode" means the same as that term is defined in Section
50 76-1-401.
51 (2) Except as otherwise provided by the Utah Constitution or by statute, the district
52 court has original jurisdiction in all matters civil and criminal.
53 (3) A district court judge may issue all extraordinary writs and other writs necessary to
54 carry into effect the district court judge's orders, judgments, and decrees.
55 (4) The district court has jurisdiction over matters of lawyer discipline consistent with
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56 the rules of the Supreme Court.
57 (5) The district court has jurisdiction over all matters properly filed in the circuit court
58 prior to July 1, 1996.
59 (6) The district court has appellate jurisdiction over judgments and orders of the justice
60 court as outlined in Section 78A-7-118 and small claims appeals filed in accordance with
61 Section 78A-8-106.
62 (7) Jurisdiction over appeals from the final orders, judgments, and decrees of the
63 district court is described in Sections 78A-3-102 and 78A-4-103.
64 (8) The district court has jurisdiction to review:
65 (a) agency adjudicative proceedings as set forth in Title 63G, Chapter 4,
66 Administrative Procedures Act, and shall comply with the requirements of that chapter in its
67 review of agency adjudicative proceedings; and
68 (b) municipal administrative proceedings in accordance with Section 10-3-703.7.
69 (9) Notwithstanding Section 78A-7-106, the district court has original jurisdiction
70 over:
71 (a) a class B misdemeanor, a class C misdemeanor, an infraction, or a violation of an
72 ordinance for which a justice court has original jurisdiction under Section 78A-7-106 if:
73 (i) there is no justice court with territorial jurisdiction;
74 (ii) the offense occurred within the boundaries of the municipality in which the district
75 courthouse is located and that municipality has not formed, or has not formed and then
76 dissolved, a justice court; or
77 (iii) the offense is included in an indictment or information covering a single criminal
78 episode alleging the commission of a felony or a class A misdemeanor by an individual who is
79 18 years old or older; or
80 (b) a qualifying offense committed by an individual who is 16 or 17 years old.
81 (10) (a) Notwithstanding Subsection 78A-7-106(2), the district court has exclusive
82 jurisdiction over any separate offense:
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83 (i) committed by an individual who is 16 or 17 years old; and
84 (ii) arising from a single criminal episode containing a qualifying offense for which the
85 district court has original jurisdiction under Subsection (9)(b).
86 (b) If an individual who is charged with a qualifying offense enters a plea to, or is
87 found guilty of, a separate offense other than the qualifying offense, the district court shall have
88 jurisdiction over the separate offense.
89 (c) If an individual who is 16 or 17 years old is charged with a qualifying offense and
90 the qualifying offense results in an acquittal, a finding of not guilty, or a dismissal, the
91 exclusive jurisdiction of the district court over any separate offense is terminated.
92 (11) If a district court has jurisdiction in accordance with Subsection (6), (9)(a)(i), or
93 (9)(a)(ii), the district court has jurisdiction over an offense listed in Subsection 78A-7-106(2)
94 even if the offense is committed by an individual who is 16 or 17 years old.
95 (12) The district court has subject matter jurisdiction over an offense for which the
96 juvenile court has original jurisdiction if the juvenile court transfers jurisdiction over the
97 offense to the district court in accordance with Section 80-6-504.
98 (13) The district court has subject matter jurisdiction over an action under Title 78B,
99 Chapter 7, Part 2, Child Protective Orders, if the juvenile court transfers the action to the
100 district court.
101 (14) (a) The district court has subject matter jurisdiction over a criminal action that the
102 justice court transfers to the district court.
103 (b) Notwithstanding Subsection 78A-7-106(1), the district court has original
104 jurisdiction over any refiled case of a criminal action transferred to the district court if the
105 district court dismissed the transferred case without prejudice.
106 Section 3. Section 78A-7-106 is amended to read:
107 78A-7-106. Jurisdiction -- Transfer to district court.
108 (1) Except as otherwise provided by Subsection 78A-5-102(8), a justice court has
109 original jurisdiction over class B and C misdemeanors, violation of ordinances, and infractions
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110 committed within the justice court's territorial jurisdiction by an individual who is 18 years old
111 or older.
112 (2) Except for an offense for which the juvenile court or the district court has exclusive
113 jurisdiction under Subsection 78A-5-102(10) or Section 78A-6-103.5, a justice court has
114 original jurisdiction over the following offenses committed within the justice court's territorial
115 jurisdiction by an individual who is 16 or 17 years old:
116 (a) class C misdemeanor and infraction violations of Title 53, Chapter 3, Part 2, Driver
117 Licensing Act; and
118 (b) class B and C misdemeanor and infraction violations of:
119 (i) Title 23, Wildlife Resources Code of Utah;
120 (ii) Title 41, Chapter 1a, Motor Vehicle Act;
121 (iii) Title 41, Chapter 6a, Traffic Code, except Title 41, Chapter 6a, Part 5, Driving
122 Under the Influence and Reckless Driving;
123 (iv) Title 41, Chapter 12a, Financial Responsibility of Motor Vehicle Owners and
124 Operators Act;
125 (v) Title 41, Chapter 22, Off-Highway Vehicles;
126 (vi) Title 73, Chapter 18, State Boating Act, except Section 73-18-12;
127 (vii) Title 73, Chapter 18a, Boating - Litter and Pollution Control;
128 (viii) Title 73, Chapter 18b, Water Safety; and
129 (ix) Title 73, Chapter 18c, Financial Responsibility of Motorboat Owners and
130 Operators Act.
131 (3) An offense is committed within the territorial jurisdiction of a justice court if:
132 (a) conduct constituting an element of the offense or a result constituting an element of
133 the offense occurs within the court's jurisdiction, regardless of whether the conduct or result is
134 itself unlawful;
135 (b) either an individual committing an offense or a victim of an offense is located
136 within the court's jurisdiction at the time the offense is committed;
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137 (c) either a cause of injury occurs within the court's jurisdiction or the injury occurs
138 within the court's jurisdiction;
139 (d) an individual commits any act constituting an element of an inchoate offense within
140 the court's jurisdiction, including an agreement in a conspiracy;
141 (e) an individual solicits, aids, or abets, or attempts to solicit, aid, or abet another
142 individual in the planning or commission of an offense within the court's jurisdiction;
143 (f) the investigation of the offense does not readily indicate in which court's
144 jurisdiction the offense occurred, and:
145 (i) the offense is committed upon or in any railroad car, vehicle, watercraft, or aircraft
146 passing within the court's jurisdiction;
147 (ii) (A) the offense is committed on or in any body of water bordering on or within this
148 state if the territorial limits of the justice court are adjacent to the body of water; and
149 (B) as used in Subsection (3)(f)(ii)(A), "body of water" includes any stream, river, lake,
150 or reservoir, whether natural or man-made;
151 (iii) an individual who commits theft exercises control over the affected property
152 within the court's jurisdiction; or
153 (iv) the offense is committed on or near the boundary of the court's jurisdiction;
154 (g) the offense consists of an unlawful communication that was initiated or received
155 within the court's jurisdiction; or
156 (h) jurisdiction is otherwise specifically provided by law.
157 (4) If in a criminal case the defendant is 16 or 17 years old, a justice court judge may
158 transfer the case to the juvenile court for further proceedings if the justice court judge
159 determines and the juvenile court concurs that the best interests of the defendant would be
160 served by the continuing jurisdiction of the juvenile court.
161 (5) Justice courts have jurisdiction of small claims cases under Title 78A, Chapter 8,
162 Small Claims Courts, if a defendant resides in or the debt arose within the territorial
163 jurisdiction of the justice court.
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164 (6) (a) As used in this Subsection (6), "domestic violence offense" means the same as
165 that term is defined in Section 77-36-1.
166 (b) If a justice court has jurisdiction over a criminal action involving a domestic
167 violence offense and the criminal action is set for trial, the prosecuting attorney or the
168 defendant may file a notice of transfer in the justice court to transfer the criminal action from
169 the justice court to the district court.
170 (c) If a justice court receives a notice of transfer from the prosecuting attorney or the
171 defendant as described in Subsection (6)(b), the justice court shall transfer the criminal action
172 to the district court.
173 Section 4. Effective date.
174 This bill takes effect on July 1, 2022.
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Statutes affected: Introduced: 78A-5-102, 78A-7-106
Enrolled: 63I-1-278, 78A-5-102, 78A-7-106
Amended: 63I-1-278, 78A-5-102, 78A-7-106