LEGISLATIVE GENERAL COUNSEL H.B. 447
6 Approved for Filing: J. Carlton 6
6 01-31-24 10:49 AM 6
1 JURY AMENDMENTS
2 2024 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Andrew Stoddard
5 Senate Sponsor: ____________
6
7 LONG TITLE
8 General Description:
9 This bill amends jury composition.
10 Highlighted Provisions:
11 This bill:
12 < increases the number of jurors in a criminal case in which the most serious offense
13 charged is a noncapital first degree felony;
14 < clarifies the number of jurors in other criminal cases; and
15 < makes technical and conforming changes.
16 Money Appropriated in this Bill:
17 None
18 Other Special Clauses:
19 None
20 Utah Code Sections Affected:
21 AMENDS:
22 78B-1-104, as renumbered and amended by Laws of Utah 2008, Chapter 3
23
24 Be it enacted by the Legislature of the state of Utah:
25 Section 1. Section 78B-1-104 is amended to read:
H.B. 447
26 78B-1-104. Jury composition.
27 (1) A trial jury consists of:
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 H.B. 447 01-31-24 10:49 AM
28 [(a) 12 persons in a capital case;]
29 [(b) eight persons in a noncapital first degree felony aggravated murder or other
30 criminal case which carries a term of incarceration of more than one year as a possible sentence
31 for the most serious offense charged;]
32 [(c) six persons in a criminal case which carries a term of incarceration of more than
33 six months but not more than one year as a possible sentence for the most serious offense
34 charged;]
35 [(d) four persons in a criminal case which carries a term of incarceration of six months
36 or less as a possible sentence for the most serious offense charged; and]
37 (a) 12 individuals in a criminal case in which the most serious offense charged is a
38 capital felony;
39 (b) 10 individuals in a criminal case in which the most serious offense charged is a
40 noncapital first degree felony;
41 (c) eight individuals in a criminal case in which the most serious offense charged is a
42 second or third degree felony;
43 (d) six individuals in a criminal case in which the most serious offense charged is a
44 class A misdemeanor;
45 (e) four individuals in a criminal case in which the most serious offense charged is a
46 class B or class C misdemeanor;
47 [(e)] (f) [eight persons] except as provided in Subsection (1)(g), eight individuals in a
48 civil case at law [except that the jury shall be four persons]; and
49 (g) four individuals in a civil case for damages of less than $20,000, exclusive of costs,
50 interest, and attorney fees.
51 (2) Except in the trial of a capital felony, the parties may stipulate upon the record to a
52 jury of a lesser number than established by this section.
53 (3) (a) The verdict in a criminal case shall be unanimous.
54 (b) The verdict in a civil case shall be by not less than three-fourths of the jurors.
55 (4) There is no jury in the trial of small claims cases.
56 (5) There is no jury in the adjudication of a minor [charged with what would constitute
57 a crime if committed by an adult] under Title 80, Chapter 6, Juvenile Justice.
58 Section 2. Effective date.
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 01-31-24 10:49 AM H.B. 447
59 This bill takes effect on May 1, 2024.
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Statutes affected:
Introduced: 78B-1-104