reglab/statecodes huggingface dataset:
2023 Utah Code › Title 67 - State Officers and Employees › Chapter 5 - Attorney General › Section 13 - Limitations on political activities by career status employees.

67-5-13.
Limitations on political activities by career status employees.
(1) An employee in a career status may not, while in a pay status, be a state or federal officer in any partisan political party organization or in any statewide partisan political campaign. The employee, however, may be an officer or delegate in a partisan political party organization at a county or inferior level or a delegate at a state or national level.
(2) An employee in career status may not be a candidate for any partisan political office, but upon application to the attorney general the employee shall be granted a leave of absence without pay but without loss of existing seniority to participate in a partisan political campaign either as an officer or as a candidate. Time spent during the political leave shall not be counted for seniority purposes as being in service. For the purposes of this section, an employee is not considered to be a candidate until the primary elections have been held.
(3) An employee in career status may not engage in political activity during the hours of employment, nor may any person solicit political contributions from any employee in career status during hours of employment or through state facilities or in any manner impose assessments on them for political purposes; but nothing in this section shall preclude voluntary contributions to a candidate or a political party.
(4) Partisan political activity shall not be a basis for employment, promotion, demotion, or dismissal. Any violation of this section may lead to disciplinary action against the employee, which may consist of reprimand, suspension, demotion, or termination as determined by the attorney general.
(5) This section shall not be construed to permit partisan political activity by any employee in career status who is prevented or restricted from engaging in this political activity by the provisions of any federal act or the rules and regulations promulgated under it.
Amended by Chapter 166, 2007 General Session
2023 Utah Code › Title 67 - State Officers and Employees › Chapter 5 - Attorney General › Section 15 - Records of the attorney general.

67-5-15.
Records of the attorney general.
(1) A record provided to the Office of the Attorney General by a client governmental entity shall be considered a record of the client governmental entity for purposes of Title 63G, Chapter 2, Government Records Access and Management Act, if the client governmental entity retains a copy of the record.
(2) Notwithstanding Subsection 63G-2-201(5), records may be exchanged between the Office of the Attorney General and a client governmental entity, without meeting the requirements of Section 63G-2-206 provided that they are used only for the purpose of representing the client governmental entity.
Amended by Chapter 382, 2008 General Session
2023 Utah Code › Title 67 - State Officers and Employees › Chapter 5 - Attorney General › Section 16 - Child protective services investigators within attorney general's office -- Authority -- Training.

Effective 5/3/2023
67-5-16.
Child protective services investigators within attorney general's office -- Authority -- Training.
(1) The attorney general may employ, with the consent of the Division of Child and Family Services within the Department of Health and Human Services, and in accordance with Section 80-2-703, child protective services investigators to investigate alleged instances of abuse or neglect of a child that occur while a child is in the custody of the Division of Child and Family Services. Those investigators may also investigate reports of abuse or neglect of a child by an employee of the Department of Health and Human Services, or involving a person or entity licensed to provide substitute care for children in the custody of the Division of Child and Family Services.
(2) Attorneys who represent the Division of Child and Family Services under Section 67-5-17, and child protective services investigators employed by the attorney general under Subsection (1), shall be trained on and implement into practice the following items, in order of preference and priority:
(a) the priority of maintaining a child safely in the child's home, whenever possible;
(b) the importance of:
(i) kinship placement, in the event the child is removed from the home; and
(ii) keeping sibling groups together, whenever practicable and in the best interests of the children;
(c) the preference for kinship adoption over nonkinship adoption, if the parent-child relationship is legally terminated;
(d) the potential for a guardianship placement if the parent-child relationship is legally terminated and no appropriate adoption placement is available; and
(e) the use of an individualized permanency goal, only as a last resort.
Amended by Chapter 330, 2023 General Session
2023 Utah Code › Title 67 - State Officers and Employees › Chapter 5 - Attorney General › Section 17 - Attorney-client relationship.

67-5-17.
Attorney-client relationship.
(1) When representing the governor, lieutenant governor, auditor, or treasurer, or when representing an agency under the supervision of any of those officers, the attorney general shall:
(a) keep the officer or the officer's designee reasonably informed about the status of a matter and promptly comply with reasonable requests for information;
(b) explain a matter to the extent reasonably necessary to enable the officer or the officer's designee to make informed decisions regarding the representation;
(c) abide by the officer's or designee's decisions concerning the objectives of the representation and consult with the officer or designee as to the means by which they are to be pursued; and
(d) jointly by agreement, establish protocols with the officer to facilitate communications and working relationships with the officer or agencies under the officer's supervision.
(2) Nothing in Subsection (1) modifies or supercedes any independent legal authority granted specifically by statute to the attorney general.
(3) When the attorney general institutes or maintains a civil enforcement action on behalf of the state of Utah that is not covered under Subsection (1), the attorney general shall:
(a) fully advise the governor, as the officer in whom the executive authority of the state is vested, before instituting the action, entering into a settlement or consent decree, or taking an appeal; and
(b) keep the governor reasonably informed about the status of the matter and promptly comply with reasonable requests for information.
(4) In a civil action not covered under Subsection (1) or (3), the attorney general shall:
(a) keep the governor reasonably informed about the status of the matter and promptly comply with reasonable requests for information;
(b) explain the matter to the extent reasonably necessary to enable the governor to make informed decisions regarding the representation; and
(c) abide by the governor's decisions concerning the objectives of the representation and consult with the governor as to the means by which they are to be pursued.
(5) The governor may appear in any civil legal action involving the state and appoint legal counsel to advise or appear on behalf of the governor. The court shall allow the governor's appearance.
Enacted by Chapter 212, 2000 General Session
2023 Utah Code › Title 67 - State Officers and Employees › Chapter 5 - Attorney General › Section 20 - Internet crimes against children -- Education programs.

67-5-20.
Internet crimes against children -- Education programs.
(1)
(a) The attorney general may assist in efforts to prevent and prosecute Internet crimes against children, including working with other agencies of state and local government.
(b) Under Subsection (1)(a), the attorney general may administer the Internet Crimes Against Children Task Force, which is a statewide multidisciplinary and multijurisdictional task force that investigates, prevents, and prosecutes sexual exploitation offenses against children by offenders who use the Internet, online communications systems, or other computer technology.
(2)
(a) As part of the attorney general's participation in this task force, the attorney general shall make available, to the extent legislative funding is available, statewide training and informational materials regarding Internet safety for children that focuses on prevention, reporting, and assistance regarding Internet crimes against children.
(b) The training and information shall include programs and information specifically designed for:
(i) children, which shall include classroom presentations and informative leaflets or other printed material; and
(ii) parents, guardians, educators, school resource officers, parent-teacher organizations, and libraries, which shall include Internet safety, technological protection measures, and effective supervision and review of children's use of the Internet, including locating and assessing sites children have had contact with.
(c) As possible, the attorney general shall direct that the task force work with state and local agencies that provide information and programs to prevent and prosecute Internet crimes against children to ensure the most effective use of resources.
Enacted by Chapter 277, 2005 General Session
2023 Utah Code › Title 67 - State Officers and Employees › Chapter 5 - Attorney General › Section 21 - Internet Crimes Against Children (ICAC) unit creation -- Duties -- Employment of staff.

Effective 5/3/2023
67-5-21.
Internet Crimes Against Children (ICAC) unit creation -- Duties -- Employment of staff.
(1) There is created within the Office of the Attorney General the Internet Crimes Against Children (ICAC) unit to investigate and prosecute cases involving child sexual abuse material and cases involving enticing minors over the Internet into illegal sexual acts.
(2) The attorney general may employ investigators, prosecutors, and necessary support staff for the unit created under Subsection (1).
Amended by Chapter 231, 2023 General Session
2023 Utah Code › Title 67 - State Officers and Employees › Chapter 5 - Attorney General › Section 23 - Use of state vehicles for law enforcement officers.

Effective 5/9/2017
67-5-23.
Use of state vehicles for law enforcement officers.
Subject to rules adopted by the Division of Fleet Operations under Section 63A-9-401, the attorney general may authorize a law enforcement officer, as defined in Section 53-13-103, who is an employee of the Office of the Attorney General to use a state issued vehicle for official and personal use.
Amended by Chapter 295, 2017 General Session
2023 Utah Code › Title 67 - State Officers and Employees › Chapter 5 - Attorney General › Section 27 - Real estate fraud prosecutor.

67-5-27.
Real estate fraud prosecutor.
(1) The state attorney general shall employ an attorney licensed to practice law in Utah who:
(a) has knowledge of the law related to mortgage fraud; and
(b) preferably also has background or expertise in investigating and prosecuting mortgage fraud.
(2) The primary responsibility of the attorney employed under Subsection (1) is the prosecution of real estate fraud.
(3) The state attorney general may employ clerks, interns, or other personnel as necessary to assist the attorney employed under Subsection (1).
Enacted by Chapter 370, 2008 General Session
2023 Utah Code › Title 67 - State Officers and Employees › Chapter 5 - Attorney General › Section 28 - Memorandum of Understanding regarding enforcement of federal immigration laws -- Communications regarding immigration status -- Private cause of action.

67-5-28.
Memorandum of Understanding regarding enforcement of federal immigration laws -- Communications regarding immigration status -- Private cause of action.
(1) The attorney general shall negotiate the terms of a Memorandum of Understanding between the state and the United States Department of Justice or the United States Department of Homeland Security as provided in 8 U.S.C., Sec. 1357(g) for the enforcement of federal immigration and customs laws within the state by state and local law enforcement personnel, to include investigations, apprehensions, detentions, and removals of persons who are illegally present in the United States.
(2) The attorney general, the governor, or an individual otherwise required by the appropriate federal agency referred to in Subsection (1) shall sign the Memorandum of Understanding on behalf of the state.
(3)
(a) A unit of local government, whether acting through its governing body or by an initiative or referendum, may not enact an ordinance or policy that limits or prohibits a law enforcement officer, local official, or local government employee from communicating or cooperating with federal officials regarding the immigration status of a person within the state.
(b) Notwithstanding any other provision of law, a government entity or official within the state may not prohibit or in any way restrict a government entity or official from sending to, or receiving from, the United States Department of Homeland Security information regarding the citizenship or immigration status, lawful or unlawful, of an individual.
(c) Notwithstanding any other provision of law, a person or agency may not prohibit or in any way restrict a public employee from doing the following regarding the immigration status, lawful or unlawful, of an individual:
(i) sending information to or requesting or receiving information from the United States Department of Homeland Security;
(ii) maintaining the information referred to in Subsection (3)(c)(i); and
(iii) exchanging the information referred to in Subsection (3)(c)(i) with any other federal, state, or local government entity.
(d) This Subsection (3) allows for a private right of action by a natural or legal person lawfully domiciled in this state to file for a writ of mandamus to compel a noncompliant local or state governmental agency to comply with the reporting laws of this Subsection (3).
Enacted by Chapter 26, 2008 General Session
2023 Utah Code › Title 67 - State Officers and Employees › Chapter 5 - Attorney General › Section 29 - Duty to file legal actions.

67-5-29.
Duty to file legal actions.
(1) The attorney general may file an action to enforce the Utah Enabling Act, Section 9.
(2) In accordance with Title 78B, Chapter 6, Particular Proceedings, the attorney general shall file an eminent domain action or quiet title action on property possessed by the federal government:
(a)
(i) that facilitates the state's ability to manage the school and institutional trust lands consistent with the state's fiduciary responsibilities towards the beneficiaries of the trust lands; and
(ii)
(A) that provides access to school and institutional trust lands; or
(B) that increases the profitability of the school and institutional trust lands; or
(b) for a public use that increases the ability of the state to generate revenue.
(3) The attorney general shall file, by no later than July 1, 2011, an eminent domain action or quiet title action described in Subsection (2) on property possessed by the federal government for:
(a) a highway on Spring Creek Road located in the western half of section 3, township 38 south, range 12 west to provide access to section 2, township 38 south, range 12 west;
(b) a highway off of Old Canyon Road located in the northeast quarter of the southeast quarter of section 5, township 10 north, range 5 east to provide access to the southeast quarter of the southeast quarter of section 32, township 11 north, range 5 east; or
(c) the purposes described in Subsection (2).
Enacted by Chapter 262, 2010 General Session
2023 Utah Code › Title 67 - State Officers and Employees › Chapter 5 - Attorney General › Section 30 - Mortgage and Financial Fraud Unit creation -- Duties -- Employment of staff.

67-5-30.
Mortgage and Financial Fraud Unit creation -- Duties -- Employment of staff.
(1) The attorney general may assist in efforts to prevent, investigate, and prosecute mortgage fraud, as described in Section 76-6-1203, and other financial fraud, including working with other agencies of state and local government.
(2) There is created within the Office of the Attorney General the Mortgage and Financial Fraud Unit to investigate and prosecute cases of mortgage fraud and other financial fraud.
(3) The Mortgage and Financial Fraud Unit shall focus its efforts on detecting, investigating, deterring, and prosecuting mortgage fraud and other major financial fraud crimes.
(4) The attorney general may employ investigators, prosecutors, and necessary support staff for the unit created under Subsection (2).
Enacted by Chapter 350, 2012 General Session
2023 Utah Code › Title 67 - State Officers and Employees › Chapter 5 - Attorney General › Section 31 - Mortgage and Financial Fraud Investigation and Prosecution Restricted Account.

67-5-31.
Mortgage and Financial Fraud Investigation and Prosecution Restricted Account.
(1) There is created a restricted account within the General Fund known as the "Mortgage and Financial Fraud Investigation and Prosecution Restricted Account."
(2) The restricted account includes:
(a) $2,000,000 of deposits from the foreclosure fraud settlement agreement between the United States Justice Department, United States Department of Housing and Urban Development, and a bipartisan group of state attorneys general, including Utah's attorney general, Bank of America, Citi, JP Morgan Chase, GMAC, and Wells Fargo announced in February 2012; and
(b) any other amount appropriated by the Legislature.
(3) Money from the restricted account shall be used by the attorney general to:
(a) investigate and prosecute mortgage and financial fraud throughout the state; and
(b) fund mortgage and financial fraud investigation and prosecution staff.
Enacted by Chapter 350, 2012 General Session
2023 Utah Code › Title 67 - State Officers and Employees › Chapter 5 - Attorney General › Section 32 - Rulemaking authority regarding the procurement of outside counsel, expert witnesses, and other litigation support services.

Effective 5/9/2017
67-5-32.
Rulemaking authority regarding the procurement of outside counsel, expert witnesses, and other litigation support services.
(1) The attorney general shall, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, make rules to establish public disclosure, transparency, accountability, reasonable fees and limits on fees, and reporting in relation to the procurement of outside counsel, expert witnesses, and other litigation support services.
(2) The rules described in Subsection (1) shall:
(a) ensure that a procurement for outside counsel is supported by a determination by the attorney general that the procurement is in the best interests of the state, in light of available resources of the attorney general's office;
(b) provide for the fair and equitable treatment of all potential providers of outside counsel, expert witnesses, and other litigation support services;
(c) ensure a competitive process, to the greatest extent possible, for the procurement of outside counsel, expert witnesses, and other litigation support services;
(d) ensure that fees for outside counsel, whether based on an hourly rate, contingency fee, or other arrangement, are reasonable and consistent with industry standards;
(e) ensure that contingency fee arrangements do not encourage high risk litigation that is not in the best interests of the citizens of the state;
(f) provide for oversight and control, by the attorney general's office, in relation to outside counsel, regardless of the type of fee arrangement under which outside counsel is hired;
(g) prohibit outside counsel from adding a party to a lawsuit or causing a new party to be served with process without the express written authorization of the attorney general's office;
(h) establish for transparency regarding the procurement of outside counsel, expert witnesses, and other litigation support services, subject to:
(i)Title 63G, Chapter 2, Government Records Access and Management Act; and
(ii) other applicable provisions of law and the Utah Rules of Professional Conduct;
(i) establish standard contractual terms for the procurement of outside counsel, expert witnesses, and other litigation support services; and
(j) provide for the retention of records relating to the procurement of outside counsel, expert witnesses, and other litigation support services.
Amended by Chapter 18, 2017 General Session
2023 Utah Code › Title 67 - State Officers and Employees › Chapter 5 - Attorney General › Section 34 - Rate committee -- Membership -- Duties.

Effective 7/1/2021
67-5-34.
Rate committee -- Membership -- Duties.
(1)
(a) There is created a rate committee that consists of:
(i) the executive director of the Governor's Office of Planning and Budget, or the executive director's designee; and
(ii) the executive directors of six state agencies that use or are likely to use services and pay rates to the Office of the Attorney General's internal service fund, appointed by the governor for a two-year term, or the executive directors' designees.
(b) The rate committee shall elect a chair from the rate committee's members.
(2) Each member of the rate committee who is a state government employee and does not receive salary, per diem, or expenses from the member's agency for the member's service on the rate committee shall receive no compensation, benefits, per diem, or expenses for the member's service on the rate committee.
(3) The Office of the Attorney General shall provide staff services to the rate committee.
(4) The Office of the Attorney General shall submit to the rate committee a proposed rate and fee schedule for legal services rendered by the Office of the Attorney General to an agency.
(5)
(a) The rate committee shall:
(i) conduct meetings in accordance with Title 52, Chapter 4, Open and Public Meetings Act;
(ii) review the proposed rate and fee schedules and, at the rate committee's discretion, approve, increase, or decrease the rate and fee schedules;
(iii) recommend a proposed rate and fee schedule for the internal service fund to:
(A) the Governor's Office of Planning and Budget; and
(B) each legislative appropriations subcommittee that, in accordance with Section 63J-1-410, approves the internal service fund rates, fees, and budget; and
(iv) review and approve, increase or decrease an interim rate, fee, or amount when the office begins a new service or introduces a new product between annual general sessions of the Legislature.
(b) The committee may, in accordance with Subsection 63J-1-410(4), decrease a rate, fee, or amount that has been approved by the Legislature.
Amended by Chapter 382, 2021 General Session
2023 Utah Code › Title 67 - State Officers and Employees › Chapter 5 - Attorney General › Section 35 - Lawful use of force -- Training program.

Effective 5/10/2016
67-5-35.
Lawful use of force -- Training program.
(1)
(a) The attorney general is authorized to administer and coordinate the provision of legal and practical training for law enforcement officers in the state regarding the constitutional and lawful use of force, including:
(i) best practices in reducing law enforcement officer use of force; and
(ii) legal foundations and limitations on law enforcement officer authority under Section 76-2-404, the Utah Constitution or laws of the state, and the United States Constitution or laws of the United States.
(b) Under Subsection (1)(a), the attorney general may create a training center and provide:
(i) technology integrating legal training on the use of force by law enforcement officers;
(ii) best practices regarding law enforcement officer response to threatening situations; and
(iii) law enforcement officer tactical training, including:
(A) virtual reality simulator training;
(B) investigation of a use of force incident; and
(C) legal documentation of use of force.
(2)
(a) The attorney general shall make available statewide legal and practical training for law enforcement officers in the state and informational materials regarding law enforcement officer use of force and related subjects.
(b) The training and informational materials shall include programs and information specifically designed to address:
(i) pre-escalation recognition of potential resistance and law enforcement officer response options that do not involve force;
(ii) decision-making skills regarding use of force;
(iii) management of law enforcement officer stress during threatening situations;
(iv) tactical disengagement;
(v) sanctity and preservation of life;
(vi) investigating and critiquing a law enforcement officer incident of use of force; and
(vii) the legal foundations and limitations on law enforcement officer authority under the Utah Constitution or laws of the state and the United States Constitution or laws of the United States.
(c) The attorney general shall work with state and local agencies to ensure the most effective use of resources in providing training for law enforcement officers throughout the state.
(3) The attorney general may employ staff necessary to implement the training center created under this section.
Enacted by Chapter 412, 2016 General Session
Technically renumbered to avoid duplication of section number also enacted in HB351, Chapter 120.
2023 Utah Code › Title 67 - State Officers and Employees › Chapter 5 - Attorney General › Section 37 - Multi-agency joint strike force -- Joint Organized Retail Crime Unit.

Effective 5/4/2022
67-5-37.
Multi-agency joint strike force -- Joint Organized Retail Crime Unit.
(1) The Office of the Attorney General and the Department of Public Safety shall create and coordinate the operation of a multi-agency joint strike force to combat criminal activity that may have a negative impact on the state's economy.
(2) The attorney general and the Department of Public Safety shall invite federal, state, and local law enforcement personnel to participate in the joint strike force to more effectively utilize their combined skills, expertise, and resources.
(3) The joint strike force shall focus the joint strike force's efforts on detecting, investigating, deterring, and eradicating criminal activity, described in Subsection (1), within the state, including organized retail crime, antitrust violations, intellectual property rights violations, gambling, and the purchase of stolen goods for the purpose of reselling the stolen goods for profit.
(4) In conjunction with the joint strike force, the Office of the Attorney General and the Department of Public Safety shall establish the Joint Organized Retail Crime Unit for the purpose of:
(a) investigating, apprehending, and prosecuting individuals or entities that participate in the purchase, sale, or distribution of stolen property; and
(b) targeting individuals or entities that commit theft and other property crimes for financial gain.
(5)
(a) The joint strike force shall provide an annual report to the Law Enforcement and Criminal Justice Interim Committee before December 1 that describes the joint strike force's activities and any recommendations for modifications to this section.
(b) The report described in Subsection (5)(a) shall include the number of catalytic converter thefts and arrests in Utah for the preceding calendar year, if reasonably available.
Amended by Chapter 201, 2022 General Session
2023 Utah Code › Title 67 - State Officers and Employees › Chapter 5 - Attorney General › Section 38 - Missing Child Identification Program.

Effective 7/1/2022
67-5-38.
Missing Child Identification Program.
(1) As used in this section:
(a) "Kit" means a fingerprint and DNA identification kit that may be used to collect and store fingerprint and DNA information.
(b) "Program" means the Missing Child Identification Program created in this section.
(2)
(a) There is created the Missing Child Identification Program to be administered by the attorney general as described in this section.
(b) The purpose of the program is to provide a kit to a parent or legal guardian of a kindergarten student, to be distributed by the student's elementary school, which the parent or guardian may use to collect and store a child's fingerprint and DNA information for potential use by law enforcement in the event that the child is missing.
(c) If the Legislature does not appropriate funds specifically for the program, the attorney general may implement the program using other available appropriations.
(3)
(a) The attorney general shall provide kits to each Utah elementary school to be distributed to the parent or legal guardian of each student entering kindergarten in the elementary school.
(b) The attorney general shall obtain the kits in compliance with Title 63G, Chapter 6a, Utah Procurement Code.
(c) The kits described in Subsection (3)(a) may be delivered to an elementary school directly through the supplier of the kits.
(d) The State Board of Education, or the State Board of Education's designee, shall coordinate with the attorney general to determine how many kits are needed each year at each elementary school.
(e) An elementary school that receives a supply of kits shall offer a kit to a parent or legal guardian for a student entering kindergarten at the elementary school.
(4) The attorney general may make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to carry out the program.
Enacted by Chapter 459, 2022 General Session
2023 Utah Code › Title 67 - State Officers and Employees › Chapter 5 - Attorney General › Section 39 - Sheriff Node Program.

Effective 5/3/2023
67-5-39.
Sheriff Node Program.
(1) As used in this section:
(a) "Blockchain" means the same as that term is defined in Section 78B-3-112.
(b) "Reversible blockchain" means the same as that term is defined in Section 78B-3-112.
(c) "Sheriff node" means a computer that:
(i) is connected to a reversible blockchain;
(ii) is administered by the Office of the Attorney General; and
(iii) allows the Office of the Attorney General to reverse a mistaken or fraudulent transaction upon receipt of:
(A) a court order issued under Section 78B-3-112; or
(B) an award issued in a valid and binding arbitration.
(d) "Transaction" means the same as that term is defined in Section 78B-3-112.
(2)
(a) There is created a program known as the "Sheriff Node Program" within the Office of the Attorney General to operate a sheriff node on a reversible blockchain.
(b) The attorney general shall administer the program with funds available for this purpose.
(3) The attorney general shall operate the program only to reverse a transaction on a reversible blockchain upon receipt of:
(a) a court order issued under Section 78B-3-112; or
(b) an award issued in a valid and binding arbitration.
(4) The attorney general may make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to carry out the program, including to:
(a) establish the number of reversible blockchains for which the attorney general may administer a sheriff node;
(b) charge and assess fees and costs for the operation of a sheriff node on a reversible blockchain;
(c) establish criteria for determining the validity of an arbitration award; and
(d) establish other rules reasonably necessary to efficiently carry out the sheriff node program.
Enacted by Chapter 365, 2023 General Session
2023 Utah Code › Title 67 - State Officers and Employees › Chapter 5a - Utah Prosecution Council › Section 1 - Utah Prosecution Council -- Duties -- Membership.

Affected by 63I-1-267 on 7/1/2027
Effective 5/4/2022
67-5a-1.
Utah Prosecution Council -- Duties -- Membership.
(1) There is created within the Office of the Attorney General the Utah Prosecution Council, referred to as the council in this chapter.
(2) The council shall:
(a)
(i) provide training and continuing legal education for state and local prosecutors; and
(ii) ensure that any training or continuing legal education described in Subsection (2)(a)(i) complies with Title 63G, Chapter 22, State Training and Certification Requirements;
(b) provide assistance to local prosecutors;
(c) as funds are available and as are budgeted for this purpose, provide reimbursement for unusual expenses related to prosecution for violations of state laws;
(d) provide training and assistance to law enforcement officers, as required elsewhere within this code; and
(e)
(i) gather and maintain contact information for all prosecuting entities in the state;
(ii) provide the contact information for all prosecuting entities in the state to the Utah state courts; and
(iii) publish the contact information for all prosecuting entities in the state on the council's website.
(3) The council shall be composed of 12 members, selected as follows:
(a) the attorney general or a designated representative;
(b) the commissioner of public safety or a designated representative;
(c) four currently serving county or district attorneys designated by the county or district attorneys' section of the Utah Association of Counties;
(d) four city prosecutors designated as follows:
(i) two by the Utah Municipal Attorneys Association; and
(ii) two by the Utah Misdemeanor Prosecutors Association;
(e) the chair of the Board of Directors of the Statewide Association of Prosecutors and Public Attorneys of Utah; and
(f) the chair of the governing board of the Utah Prosecutorial Assistants Association.
(4) Council members designated in Subsections (3)(c) and (3)(d) shall be approved by a majority vote of currently serving council members.
(5) A county or district attorney's term expires when a successor is designated by the county or district attorneys' section or when the county or district attorney is no longer serving as a county attorney or district attorney, whichever occurs first.
(6) A city prosecutor's term expires when a successor is designated by the association or when the city prosecutor is no longer employed as a city prosecutor, whichever occurs first.
Amended by Chapter 250, 2022 General Session
2023 Utah Code › Title 67 - State Officers and Employees › Chapter 5a - Utah Prosecution Council › Section 2 - Terms -- Filling vacancies -- Chair.

Affected by 63I-1-267 on 7/1/2027
Effective 5/14/2019
67-5a-2.
Terms -- Filling vacancies -- Chair.
(1) The term of each council member is four years, unless the term is earlier terminated by:
(a) the authority that designated the member;
(b) the member ceasing to hold the office that qualified the member for membership; or
(c) voluntary resignation.
(2) A member whose term has expired may continue, for not more than four months, to serve as a council member until a successor is selected and approved.
(3) Council members may serve for more than one successive term.
(4) When a vacancy occurs in the membership for any reason, the replacement shall be appointed for a full term that commences on the date of council approval. The vacancy shall be filled according to the provisions of Section 67-5a-1.
(5) The council shall elect by a majority vote one of its members as chair at its first meeting and then annually.
Amended by Chapter 86, 2019 General Session
2023 Utah Code › Title 67 - State Officers and Employees › Chapter 5a - Utah Prosecution Council › Section 3 - Per diem and travel expenses.

Affected by 63I-1-267 on 7/1/2027
67-5a-3.
Per diem and travel expenses.
A member may not receive compensation or benefits for the member's service, but may receive per diem and travel expenses in accordance with:
(1) Section 63A-3-106;
(2) Section 63A-3-107; and
(3) rules made by the Division of Finance pursuant to Sections 63A-3-106 and 63A-3-107.
Repealed and Re-enacted by Chapter 286, 2010 General Session
2023 Utah Code › Title 67 - State Officers and Employees › Chapter 5a - Utah Prosecution Council › Section 4 - Holding public employment.

Affected by 63I-1-267 on 7/1/2027
Effective 5/14/2019
67-5a-4.
Holding public employment.
A member of the council may not be disqualified as a member by holding any public office or employment, and does not forfeit any office or employment due to membership on the council. This section takes precedence over any conflicting state law, local ordinance, or city charter.
Amended by Chapter 86, 2019 General Session
2023 Utah Code › Title 67 - State Officers and Employees › Chapter 5a - Utah Prosecution Council › Section 5 - Quorum -- Meetings.

Affected by 63I-1-267 on 7/1/2027
Effective 5/14/2019
67-5a-5.
Quorum -- Meetings.
(1) The attendance of six members at any regular or special meeting of the council constitutes a quorum. Any member may designate in writing a representative to attend any meeting. The representative's attendance shall be counted toward the quorum, and the representative may vote on any issue.
(2) A majority vote of the attending members or their representatives constituting a quorum is sufficient to carry any motion unless the council has by prior vote designated a greater percentage than a majority to sustain an action.
(3)
(a) The council shall meet at least quarterly at a time and place it designates.
(b) The chair, a majority of the members of the council, or the council director may call a special meeting at any time or place upon five days notice to all of the members. A quorum of all members may waive notice requirements in writing.
Amended by Chapter 86, 2019 General Session
2023 Utah Code › Title 67 - State Officers and Employees › Chapter 5a - Utah Prosecution Council › Section 6 - Council director -- Qualifications and compensation.

Affected by 63I-1-267 on 7/1/2027
Effective 5/14/2019
67-5a-6.
Council director -- Qualifications and compensation.
(1) The council shall appoint a director. The director is the chief administrative officer and serves at the pleasure of the council.
(2) The director shall:
(a) be an attorney admitted to practice in the courts of the state;
(b) be selected on the basis of professional ability and experience in the fields of administration, prosecution, and criminal law; and
(c) possess an understanding of court procedures, evidence, and criminal law.
(3) The director shall appoint resource prosecutors, with the consent of the council, and consistent with attorney general personnel policies that are not in conflict with this chapter. Resource prosecutors shall serve at the pleasure of the council. Resource prosecutors shall:
(a) be an attorney admitted to practice in the courts of this state;
(b) be selected on the basis of professional ability and experience in the fields of prosecution and criminal law; and
(c) possess an understanding of court procedures, evidence, and criminal law.
(4) The director shall appoint and supervise administrative staff consistent with attorney general personnel policy.
(5) The council shall select and establish the compensation of the director, resource prosecutors, and administrative staff consistent with state personnel policies.
Amended by Chapter 86, 2019 General Session
2023 Utah Code › Title 67 - State Officers and Employees › Chapter 5a - Utah Prosecution Council › Section 7 - Responsibilities of the director.

Affected by 63I-1-267 on 7/1/2027
Effective 5/14/2019
67-5a-7.
Responsibilities of the director.
Under the general supervision of the council and within the policies established by the council, the director has the responsibility to:
(1) assign, supervise, and direct the staff of the council;
(2) implement the standards, policies, rules, and guidelines of the council;
(3) prepare and administer the budget of the council and comply with the Utah Budgetary Procedures Act;
(4) maintain liaison with governmental and other public and private groups having an interest in prosecution;
(5) organize and administer a program of training and continuing legal education for prosecutors in the state, including establishing training standards for prosecutors;
(6) ensure all statutory required training occurs; and
(7) perform other duties as assigned by the council.
Amended by Chapter 86, 2019 General Session
2023 Utah Code › Title 67 - State Officers and Employees › Chapter 5a - Utah Prosecution Council › Section 8 - Administration.

Affected by 63I-1-267 on 7/1/2027
Effective 7/1/2020
67-5a-8.
Administration.
(1) In exercising its duties in the administration of this chapter, the council shall minimize costs of administration and utilize existing training facilities and resources where possible so the greatest portion of the funds available are expended for training prosecuting attorneys.
(2) Council staff may receive per diem and travel expenses in accordance with:
(a) Section 63A-3-106;
(b) Section 63A-3-107; and
(c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and 63A-3-107.
Amended by Chapter 230, 2020 General Session
2023 Utah Code › Title 67 - State Officers and Employees › Chapter 5b - Children's Justice Center Program › Section 101 - Definitions.

Effective 5/10/2016
67-5b-101.
Definitions.
As used in this part:
(1) "Center" means a Children's Justice Center established in accordance with Section 67-5b-102.
(2) "Child abuse case" means a juvenile, civil, or criminal case involving a child abuse victim.
(3) "Child abuse victim" means a child 17 years of age or younger who is:
(a) a victim of:
(i) sexual abuse; or
(ii) physical abuse; or
(b) a victim or a critical witness in any criminal case, such as a child endangerment case described in Section 76-5-112.5.
(4) "Officers and employees" means any person performing services for two or more public agencies as agreed in a memorandum of understanding in accordance with Section 67-5b-104.
(5) "Public agency" means a municipality, a county, the attorney general, the Division of Child and Family Services, the Division of Juvenile Justice Services, the Department of Corrections, the juvenile court, or the Administrative Office of the Courts.
(6) "Satellite office" means a child-friendly facility supervised by a Children's Justice Center established in accordance with Section 67-5b-102.
(7)
(a) "Volunteer" means any individual who donates service without pay or other compensation except expenses actually and reasonably incurred as approved by the supervising agency.
(b) "Volunteer" does not include an individual participating in human subjects research or a court-ordered compensatory service worker as defined in Section 67-20-2.
Amended by Chapter 290, 2016 General Session
2023 Utah Code › Title 67 - State Officers and Employees › Chapter 5b - Children's Justice Center Program › Section 103 - Appropriation and funding.

Effective 5/10/2016
67-5b-103.
Appropriation and funding.
(1) Funding for centers under this section is intended to be broad-based, provided by a line item appropriation by the Legislature to the attorney general, and is intended to include federal grant money, local government money, and private donations.
(2) The money appropriated shall be used to contract with the county responsible for the operation and accountability of a center in accordance with Section 67-5b-102.
(3) The money appropriated may be used by the program to provide resources and contract as needed to support the development of the program and the implementation of evidence-based practices and requirements.
Amended by Chapter 290, 2016 General Session
2023 Utah Code › Title 67 - State Officers and Employees › Chapter 5b - Children's Justice Center Program › Section 104 - Requirements of a memorandum of understanding.

Effective 5/10/2016
67-5b-104.
Requirements of a memorandum of understanding.
(1) Before a center may be established, a memorandum of understanding regarding participation in operation of the center shall be executed among:
(a) the contracting county designated to oversee the operation and accountability of the center, including the budget, costs, personnel, and management pursuant to Title 51, Chapter 2a, Accounting Reports from Political Subdivisions, Interlocal Organizations, and Other Local Entities Act;
(b) the Office of the Attorney General;
(c) at least one representative of a county or municipal law enforcement agency that investigates child abuse in the area to be served by the center;
(d) the division of Child and Family Services;
(e) the county or district attorney who routinely prosecutes child abuse cases in the area to be served by the center; and
(f) at least one representative of any other governmental entity that participates in child abuse investigations or offers services to child abuse victims that desires to participate in the operation of the center.
(2) A memorandum of understanding executed under this section shall include the agreement of each public agency, or its representative, described in Subsection (1) to cooperate in:
(a) developing a comprehensive and cooperative multidisciplinary team approach to investigating child abuse;
(b) reducing, to the greatest extent possible, the number of interviews required of a victim of child abuse to minimize the negative impact of the investigation on the child; and
(c) developing, maintaining, and supporting, through the center, an environment that emphasizes the best interests of children.
Amended by Chapter 290, 2016 General Session
2023 Utah Code › Title 67 - State Officers and Employees › Chapter 5b - Children's Justice Center Program › Section 107 - Immunity -- Limited liability.

67-5b-107.
Immunity -- Limited liability.
(1) Officers and employees performing services for two or more public agencies pursuant to contracts executed under the provisions of this part are considered to be officers and employees of the public agency employing their services, even though performing those functions outside of the territorial limits of any one of the contracting public agencies, and are considered to be officers and employees of public agencies in accordance with Title 63G, Chapter 7, Governmental Immunity Act of Utah.
(2) The officers and employees of the center, while acting within the scope of their authority, are not subject to any personal or civil liability resulting from carrying out any of the purposes of a center under the provisions of Title 63G, Chapter 7, Governmental Immunity Act of Utah.
(3) A volunteer is considered a government employee in accordance with Section 67-20-3 and entitled to immunity under the provisions of Title 63G, Chapter 7, Governmental Immunity Act of Utah.
(4) A volunteer, other than one considered a government employee in accordance with Section 67-20-3, may not incur any personal financial liability for any tort claim or other action seeking damage for an injury arising from any act or omission of the volunteer while providing services for the nonprofit organization if:
(a) the individual was acting in good faith and reasonably believed he was acting within the scope of the individual's official functions and duties with the center; and
(b) the damage or injury was not caused by an intentional or knowing act by the volunteer which constitutes illegal or wanton misconduct.
(5) The center is not liable for the acts or omissions of its volunteers in any circumstance where the acts of its volunteers are not as described in Subsection (4) unless:
(a) the center had, or reasonably should have had, reasonable notice of the volunteer's unfitness to provide services to the center under circumstances that make the center's use of the volunteer reckless or wanton in light of that notice; or
(b) a business employer would be liable under the laws of this state if the act or omission were the act or omission of one of its employees.
Amended by Chapter 382, 2008 General Session
2023 Utah Code › Title 67 - State Officers and Employees › Chapter 8 - Utah Elected Official and Judicial Salary Act › Section 2 - Salaries of judges established annually in appropriations act -- Bases of salaries -- Additional compensation.

Effective 5/4/2022
Superseded 7/1/2024
67-8-2.
Salaries of judges established annually in appropriations act -- Bases of salaries -- Additional compensation.
(1) The salaries of judges of courts of record, as described in Section 78A-1-101, shall be set annually by the Legislature in an appropriations act.
(2) Judicial salaries shall be based on the following percentages of the salary of a district court judge:
(a) juvenile court judges: 100%;
(b) Court of Appeals judges: 105%; and
(c) justices of the Supreme Court: 110%.
(3)
(a) A salary described in Subsection (2) does not include additional compensation provided for a presiding judge or associate presiding judge under:
(i) Section 78A-3-101;
(ii) Section 78A-4-102;
(iii) Section 78A-5-106; or
(iv) Section 78A-6-203.
(b) Compensation described in Subsection (3)(a) does not constitute a salary for purposes of Utah Constitution, Article VIII, Section 14.
Amended by Chapter 276, 2022 General Session