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[Utah Code Table of Contents]
[TITLE 77. Table of Contents]
77-2-1 Authorization to file information.
Unless otherwise provided by law, no information may be
filed charging the commission of any felony or class A misdemeanor
unless authorized by a prosecuting attorney.
1980
77-2-1.1 Signing and filing of information.
The prosecuting attorney shall sign all informations. The prosecuting attorney may:
(1) sign the information in the presence of a magistrate; or
(2) present and file the information in the office of
the clerk where the prosecution is commenced upon the signature
of the prosecuting attorney.
1992
77-2-2 Definitions.
For the purpose of this chapter:
(1) "Screening" means the process used by a prosecuting attorney to terminate investigative action, proceed with prosecution, move to dismiss a prosecution that has been commenced, or cause a prosecution to be diverted;
(2) "Diversion" means suspending criminal proceedings prior to conviction on the condition that a defendant agree to participate in a rehabilitation program or make restitution to the victim or fulfill some other condition; and
(3) "Commencement of prosecution" means the filing of
an information or an indictment.
1980
77-2-3 Termination of investigative action.
Prior to the commencement of prosecution, the prosecutor
may, without approval of a magistrate, authorize a termination
of investigative action when it appears that further investigative
action is not in the public interest.
1980
77-2-4 Dismissal of prosecution.
After commencement of a prosecution the prosecutor may,
upon reasonable grounds, move the magistrate before whom
the prosecution is pending to dismiss the prosecution. If,
in the judgment of the magistrate, the prosecution should
not continue, he may dismiss the prosecution and enter an
order of dismissal stating the reasons for the dismissal
in the order.
1980
77-2-4.2 Compromise of traffic charges - Limitations.
(1) As used in this section:
(a) "Compromise" means referral of a person charged with a traffic violation to traffic school or other school, class, or remedial or rehabilitative program.
(b) "Traffic violation" means any charge for which bail may be forfeited in lieu of appearance, by citation or information, of a violation of:
(i) Title 41, Chapter 6a, Traffic Code, amounting to:
(A) a class B misdemeanor;
(B) a class C misdemeanor; or
(C) an infraction; or
(ii) any local traffic ordinance.
(2) Any compromise of a traffic violation shall be done pursuant to a plea in abeyance agreement as provided in Title 77, Chapter 2a, Pleas in Abeyance, except:
(a) when the criminal prosecution is dismissed pursuant to Section 77-2-4 ; or
(b) when there is a plea by the defendant to and entry of a judgment by a court for the offense originally charged or for an amended charge.
(3) In all cases which are compromised pursuant to the provisions of Subsection (2):
(a) the court, taking into consideration the offense charged, shall collect a plea in abeyance fee which shall:
(i) be subject to the same surcharge as if imposed on a criminal fine;
(ii) be allocated subject to the surcharge as if paid as a criminal fine under Section 78-3-14.5 and a surcharge under Title 63, Chapter 63a, Crime Victim Reparation Trust, Public Safety Support Funds, Substance Abuse Prevention Account, and Services for Victims of Domestic Violence Account; and
(iii) be not more than $25 greater than the bail designated in the Uniform Bail Schedule; or
(b) if no plea in abeyance fee is collected, a surcharge on the fee charged for the traffic school or other school, class, or rehabilitative program shall be collected, which surcharge shall:
(i) be computed, assessed, collected, and remitted in the same manner as if the traffic school fee and surcharge had been imposed as a criminal fine and surcharge; and
(ii) be subject to the financial requirements contained in Title 63, Chapter 63a, Crime Victim Reparation Trust, Public Safety Support Funds, Substance Abuse Prevention Account, and Services for Victims of Domestic Violence Account.
(4) If a written plea in abeyance agreement is provided, or the defendant requests a written accounting, an itemized statement of all amounts assessed by the court shall be provided, including:
(a) the Uniform Bail Schedule amount;
(b) the amount of any surcharges being assessed; and
(c) the amount of the plea in abeyance fee.
2006
77-2-4.5 Dismissal by compromise - Limitations.
(1) In misdemeanor cases the court may dismiss the case upon motion of the prosecutor if it is compromised by the defendant and the injured party, except under Subsection (2). The injured party shall first acknowledge the compromise before the court or in writing. The reasons for the order shall be set forth and entered in the minutes. The order is a bar to another prosecution for the same offense.
(2) A dismissal by compromise may not be granted when
the misdemeanor is committed by or upon a peace officer while
in the performance of his duties, or riotously, or with intent
to commit a felony.
1990
77-2-5 Diversion agreement - Negotiation - Contents.
(1) At any time after the filing of an information or indictment and prior to conviction, the prosecuting attorney may, by written agreement with the defendant, filed with the court, and upon approval of the court, divert a defendant to a non-criminal diversion program.
(2) A defendant shall be represented by counsel during negotiations for diversion and at the time of execution of any diversion agreement unless he shall have knowingly and intelligently waived his right to counsel.
(3) The defendant has the right to be represented by counsel at any court hearing relating to a diversion program.
(4) Any diversion agreement entered into between the prosecution and the defense and approved by a magistrate shall contain a full, detailed statement of the requirements agreed to by the defendant and the reasons for diversion. A decision by a prosecuting attorney not to divert a defendant is not subject to judicial review.
(5) Diversion programs longer than two years shall not be permitted.
(6) A diversion agreement shall not be approved unless
the defendant, before a magistrate and in the agreement,
knowingly and intelligently waives his constitutional right
to a speedy trial.
1980
77-2-6 Dismissal after compliance with diversion agreement.
The court shall dismiss the information or indictment
filed against the defendant who has complied with the requirements
of his diversion agreement and the defendant shall not thereafter
be subject to further prosecution for the offense involved
or for any lesser included offense.
1980
77-2-7 Diversion not a conviction.
Diversion is not a conviction and if the case is dismissed
the matter shall be treated as if the charge had never been
filed.
1980
77-2-8 Violation of diversion agreement - Hearing - Prosecution resumed.
If, during the course of the diversion of a defendant,
information is brought to the attention of a magistrate or
the prosecuting attorney that the defendant has violated
his diversion agreement and it appears in the best interests
of the community to reinstate and proceed with the prosecution,
the prosecuting attorney, upon court approval, or the magistrate,
on his own motion, shall cause to be served upon the defendant
an order to show cause specifying the facts relied upon by
the prosecuting attorney or magistrate to terminate diversion
and shall set a time and place for a hearing to determine
whether or not the defendant has violated his diversion agreement.
If, at the hearing, the magistrate finds the defendant has
failed to comply with any terms or conditions of the diversion
agreement, he may authorize the prosecuting attorney to proceed
with prosecution. The prosecution of a diverted offense shall
not bar any independent prosecution arising from any offense
that constituted a violation of any term or condition of
the diversion agreement by which the original prosecution
was diverted.
1980
77-2-9 Offenses ineligible for diversion.
(1) Except as provided in Subsection (2), diversion may not be granted by a magistrate for:
(a) a capital felony;
(b) a felony in the first degree;
(c) any case involving a sexual offense against a victim who is under the age of 14;
(d) any motor vehicle related offense involving alcohol or drugs;
(e) any case involving using a motor vehicle in the commission of a felony;
(f) driving a motor vehicle or commercial motor vehicle on a revoked or suspended license; or
(g) any case involving operating a commercial motor vehicle in a negligent manner causing the death of another including the offenses of:
(i) manslaughter under Section 76-5-205 ; or
(ii) negligent homicide under Section 76-5-206 .
(2) When a person under the age of 16 is alleged to have committed any violation of Title 76, Chapter 5, Part 4, Sexual Offenses, the court may enter a diversion in the matter if the court enters on the record its findings that:
(a) the person did not use coercion or force;
(b) there is no more than two years' difference between the ages of the participants; and
(c) it would be in the best interest of the person to
grant diversion.
2006
