Bill Summary – FastDemocracy

Enrolled Copy                                                                           S.B. 180
                          COURT JURISDICTION MODIFICATIONS
                                           2024 GENERAL SESSION
                                                 STATE OF UTAH
                                           Chief Sponsor: Jen Plumb House Sponsor: Anthony E. Loubet
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  LONG TITLE
  General Description:
      This bill addresses the jurisdiction of the juvenile and justice courts.
  Highlighted Provisions:
      This bill:
      ▸ clarifies the jurisdiction of the juvenile court and the justice court; and
      ▸ makes technical and conforming changes.
  Money Appropriated in this Bill:
      None
  Other Special Clauses:
      None
  Utah Code Sections Affected:
  AMENDS:
      63I-1-278, as last amended by Laws of Utah 2022, Chapters 188, 318, 384, and 423
      78A-5-102, as last amended by Laws of Utah 2022, Chapters 155, 318
      78A-6-103, as last amended by Laws of Utah 2023, Chapters 115, 161, 264, and 330
      78A-6-103.5, as last amended by Laws of Utah 2022, Chapter 155
      78A-7-106, as last amended by Laws of Utah 2023, Chapter 34
      80-6-303, as last amended by Laws of Utah 2023, Chapter 161
  ENACTS:
      78A-7-101.1, as Utah Code Annotated 1953
  RENUMBERS AND AMENDS:
      78A-7-101.5, (Renumbered from 78A-7-101, as last amended by Laws of Utah 2023,
      Chapter 475)
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  Be it enacted by the Legislature of the state of Utah:
     S.B. 180                                                                                 Enrolled Copy
            Section 1. Section 63I-1-278 is amended to read:
            63I-1-278 . Repeal dates: Title 78A and Title 78B.
   (1) Subsections 78A-2-301(4) and 78A-2-301.5(12), regarding the suspension of filing fees
       for petitions for expungement, are repealed on July 1, 2023.
   (2) Section 78B-3-421, regarding medical malpractice arbitration agreements, is repealed
       July 1, 2029.
   (3) Subsection [78A-7-106(6)] 78A-7-106(7), regarding the transfer of a criminal action
       involving a domestic violence offense from the justice court to the district court, is
       repealed on July 1, 2024.
   (4) Section 78B-4-518, regarding the limitation on employer liability for an employee
       convicted of an offense, is repealed on July 1, 2025.
   (5) Title 78B, Chapter 6, Part 2, Alternative Dispute Resolution Act, is repealed July 1,
       2026.
   (6) Title 78B, Chapter 12, Part 4, Advisory Committee, which creates the Child Support
       Guidelines Advisory Committee, is repealed July 1, 2026.
   (7) Section 78B-22-805, regarding the Interdisciplinary Parental Representation Pilot
       Program, is repealed December 31, 2024.
            Section 2. Section 78A-5-102 is amended to read:
            78A-5-102 . Jurisdiction of the district court -- Appeals.
   (1) Except as otherwise provided by the Utah Constitution or by statute, the district court
       has original jurisdiction in all matters civil and criminal.
   (2) A district court judge may issue all extraordinary writs and other writs necessary to
       carry into effect the district court judge's orders, judgments, and decrees.
   (3) The district court has jurisdiction over matters of lawyer discipline consistent with the
       rules of the Supreme Court.
   (4) The district court has jurisdiction over all matters properly filed in the circuit court prior
       to July 1, 1996.
   (5) The district court has appellate jurisdiction over judgments and orders of the justice
       court as outlined in Section 78A-7-118 and small claims appeals filed in accordance
       with Section 78A-8-106.
   (6) Jurisdiction over appeals from the final orders, judgments, and decrees of the district
       court is described in Sections 78A-3-102 and 78A-4-103.
   (7) The district court has jurisdiction to review:
       (a) agency adjudicative proceedings as set forth in Title 63G, Chapter 4, Administrative
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     Enrolled Copy                                                                                        S.B. 180
             Procedures Act, and shall comply with the requirements of that chapter in the district
             court's review of agency adjudicative proceedings; and
      (b) municipal administrative proceedings in accordance with Section 10-3-703.7.
  (8) Notwithstanding Section 78A-7-106, the district court has original jurisdiction over a
      class B misdemeanor, a class C misdemeanor, an infraction, or a violation of an
      ordinance for which a justice court has original jurisdiction under Section 78A-7-106 if:
      (a) there is no justice court with territorial jurisdiction;
      (b) the offense occurred within the boundaries of the municipality in which the district
             courthouse is located and that municipality has not formed, or has not formed and
             then dissolved, a justice court; or
      (c) the offense is included in an indictment or information covering a single criminal
             episode alleging the commission of a felony or a class A misdemeanor by an
             individual who is 18 years old or older .
  (9) If a district court has jurisdiction in accordance with Subsection (5), (8)(a), or (8)(b), the
      district court has jurisdiction over an offense listed in Subsection [78A-7-106(2)]
      78A-7-106(2) even if the offense is committed by an individual who is 16 or 17 years
      old.
  (10) The district court has subject matter jurisdiction over an action under Title 78B,
      Chapter 7, Part 2, Child Protective Orders, if the juvenile court transfers the action to the
      district court.
  (11) (a) The district court has subject matter jurisdiction over a criminal action that the
      justice court transfers to the district court.
      (b) Notwithstanding Subsection 78A-7-106(1), the district court has original jurisdiction
             over any refiled case of a criminal action transferred to the district court if the district
             court dismissed the transferred case without prejudice.
        Section 3. Section 78A-6-103 is amended to read:
        78A-6-103 . Original jurisdiction of the juvenile court -- Magistrate functions --
  Findings -- Transfer of a case from another court.
  (1) Except as [otherwise provided by Sections 78A-5-102.5 and 78A-7-106] provided in
      Subsection (3), the juvenile court has original jurisdiction over:
      (a) a felony, misdemeanor, infraction, or violation of an ordinance, under municipal,
             state, or federal law, that was committed by a child;
      (b) a felony, misdemeanor, infraction, or violation of an ordinance, under municipal,
             state, or federal law, that was committed by an individual:
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      S.B. 180                                                                               Enrolled Copy
            (i) who is under 21 years old at the time of all court proceedings; and
            (ii) who was under 18 years old at the time the offense was committed; and
       (c) a misdemeanor, infraction, or violation of an ordinance, under municipal or state law,
            that was committed:
            (i) by an individual:
                (A) who was 18 years old and enrolled in high school at the time of the offense;
                    and
                (B) who is under 21 years old at the time of all court proceedings; and
            (ii) on school property where the individual was enrolled:
                (A) when school was in session; or
                (B) during a school-sponsored activity, as defined in [Subsection ]Section
                    53G-8-211.
   (2) The juvenile court has original jurisdiction over:
       (a) any proceeding concerning:
            (i) a child who is an abused child, neglected child, or dependent child;
            (ii) a protective order for a child in accordance with Title 78B, Chapter 7, Part 2,
                Child Protective Orders;
            (iii) the appointment of a guardian of the individual or other guardian of a minor who
                comes within the court's jurisdiction under other provisions of this section;
            (iv) the emancipation of a minor in accordance with Title 80, Chapter 7,
                Emancipation;
            (v) the termination of parental rights in accordance with Title 80, Chapter 4,
                Termination and Restoration of Parental Rights, including termination of residual
                parental rights and duties;
            (vi) the treatment or commitment of a minor who has an intellectual disability;
            (vii) the judicial consent to the marriage of a minor who is 16 or 17 years old in
                accordance with Section 30-1-9;
            (viii) an order for a parent or a guardian of a child under Subsection 80-6-705(3);
            (ix) a minor under Title 80, Chapter 6, Part 11, Interstate Compact for Juveniles;
            (x) the treatment or commitment of a child with a mental illness;
            (xi) the commitment of a child to a secure drug or alcohol facility in accordance with
                Section 26B-5-204;
            (xii) a minor found not competent to proceed in accordance with Title 80, Chapter 6,
                Part 4, Competency;
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      Enrolled Copy                                                                                   S.B. 180
          (xiii) de novo review of final agency actions resulting from an informal adjudicative
               proceeding as provided in Section 63G-4-402;
          (xiv) adoptions conducted in accordance with the procedures described in Title 78B,
               Chapter 6, Part 1, Utah Adoption Act, if the juvenile court has previously entered
               an order terminating the rights of a parent and finds that adoption is in the best
               interest of the child;
          (xv) an ungovernable or runaway child who is referred to the juvenile court by the
               Division of Juvenile Justice and Youth Services if, despite earnest and persistent
               efforts by the Division of Juvenile Justice and Youth Services, the child has
               demonstrated that the child:
               (A) is beyond the control of the child's parent, guardian, or custodian to the extent
                    that the child's behavior or condition endangers the child's own welfare or the
                    welfare of others; or
               (B) has run away from home; and
          (xvi) a criminal information filed under Part 4a, Adult Criminal Proceedings, for an
               adult alleged to have committed an offense under Subsection 78A-6-352(4)(b) for
               failure to comply with a promise to appear and bring a child to the juvenile court;
      (b) a petition for expungement under Title 80, Chapter 6, Part 10, Juvenile Records and
          Expungement; [and]
      (c) the extension of a nonjudicial adjustment under Section 80-6-304[.] ; and
      [(3)] (d) [The juvenile court has original jurisdiction over ]a petition for special findings
          under Section 80-3-505.
  (3) The juvenile court does not have original jurisdiction over an offense committed by a
      minor as described in Subsection (1) if:
      (a) the district court has original jurisdiction over the offense under Section 78A-5-102.5;
      (b) the district court has original jurisdiction over the offense under Subsection
          78A-5-102(8), unless the juvenile court has exclusive jurisdiction over the offense
          under Section 78A-6-103.5; or
      (c) the justice court has original jurisdiction over the offense under Subsection
          78A-7-106(2), unless the juvenile court has exclusive jurisdiction over the offense
          under Section 78A-6-103.5.
  (4) It is not necessary for a minor to be adjudicated for an offense or violation of the law
      under Section 80-6-701 for the juvenile court to exercise jurisdiction under Subsection
      (2)(a)(xvi), (b), or (c).
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      S.B. 180                                                                                   Enrolled Copy
   (5) This section does not restrict the right of access to the juvenile court by private agencies
       or other persons.
   (6) The juvenile court has jurisdiction of all magistrate functions relative to cases arising
       under Title 80, Chapter 6, Part 5, Transfer to District Court.
   (7) The juvenile court has jurisdiction to make a finding of substantiated, unsubstantiated,
       or without merit, in accordance with Section 80-3-404.
   (8) The juvenile court has jurisdiction over matters transferred to the juvenile court by
       another trial court in accordance with Subsection [78A-7-106(4)] 78A-7-106(6) and
       Section 80-6-303.
            Section 4. Section 78A-6-103.5 is amended to read:
            78A-6-103.5 . Exclusive jurisdiction of the juvenile court -- Transfer from district
   court.
   (1) Except as provided in Subsection (3), the juvenile court has exclusive jurisdiction over a
       felony, misdemeanor, infraction, or violation of an ordinance under municipal, state, or
       federal law that is:
       (a) committed by a child and that arises from a single criminal episode containing an
              offense for which:
              (i) a citation, petition, indictment, or criminal information is filed; and
              (ii) the court has original jurisdiction as described in Subsection 78A-6-103(1)(a); [
                  and] or
       (b) committed by an individual who is under 21 years old at the time of all court
              proceedings, but committed before the individual was 18 years old, and that arises
              from a single criminal episode containing an offense for which:
              (i) a citation, petition, indictment, or criminal information is filed; and
              (ii) the court has original jurisdiction as described in Subsection 78A-6-103(1)(b).
   (2) The juvenile court has exclusive jurisdiction over a misdemeanor, infraction, or
       violation of an ordinance under municipal or state law that:
       (a) is committed by an individual:
              (i) who was 18 years old and enrolled in high school at the time of the offense; and
              (ii) who is under 21 years old at the time of all court proceedings;
       (b) is committed on school property where the individual was enrolled:
              (i) when school was in session; or
              (ii) during a school-sponsored activity, as defined in Section 53G-8-211; and
       (c) arises from a single criminal episode containing an offense for which:
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      Enrolled Copy                                                                                   S.B. 180
          (i) a citation, petition, indictment, or criminal information is filed; and
          (ii) the court has original jurisdiction as described in Subsection 78A-6-103(1)(c).
  [(2) For purposes of this section, the juvenile court has jurisdiction over the following
      offenses committed by an individual who is under 21 years old at the time of all court
      proceedings, but was under 18 years old at the time the offense was committed:]
      [(a) an offense under Title 41, Chapter 6a, Part 5, Driving Under the Influence and
          Reckless Driving; and]
      [(b) an offense for operation in willful or wanton disregard for safety, as described in
          Section 73-18-12.]
  (3) If a juvenile court transfers jurisdiction of an offense to the district court under Section
      80-6-504, the exclusive jurisdiction of the juvenile court over that offense is terminated.
  (4) Upon entry of an order transferring an offense to the juvenile court in accordance with
      Subsection 78A-5-102.5(6) or (7), the juvenile court gains or regains jurisdiction over
      any offense for which the juvenile court has original or exclusive jurisdiction.
  (5) After a district court transfers an offense to the juvenile court under Subsection
      78A-5-102.5(6) or (7), the juvenile court shall:
      (a) proceed upon the criminal information as if the criminal information were a petition
          under Section 80-6-305; and
      (b) if the minor was convicted of the transferred offense, enter the conviction as an
          adjudication and proceed with disposition in accordance with Title 80, Chapter 6,
          Part 7, Adjudication and Disposition.
  (6) For purposes of this section and Section 78A-5-102.5, an offense transferred to the
      juvenile court from the district court under Subsection 78A-5-102.5(6) or (7) is an
      adjudication and not a conviction.
        Section 5. Section 78A-7-101.1 is enacted to read:
        78A-7-101.1 . Definitions for chapter.
       As used in this chapter:
  (1) "Adult high school student" means an individual who:
      (a) is 18 years old and enrolled in high school at the time of the offense;
      (b) is under 21 years old at the time of all court proceedings; and
      (c) committed the offense on school property where the individual is enrolled:
          (i)