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:
Terms Used In Utah Code 78A-6-103.5- Conviction: A judgement of guilt against a criminal defendant.
- Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
| (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; and |
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| (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. |
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| (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 5; and |
| (b) |
an offense for operation in willful or wanton disregard for safety, as described in Section 73-18-12. |
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| (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 7. |
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| (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. |
Amended by Chapter 155, 2022 General Session
