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Utah Code
2020 Utah Code
Title 78A - Judiciary and Judicial Administration
Chapter 6 - Juvenile Court Act
Part 6 - Delinquency and Criminal Actions
Section 603 - Citation procedure -- Citation -- Offenses -- Time limits -- Failure to appear.
Universal Citation:
UT Code § 78A-6-603 (2020)
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Effective 5/12/2020
78A-6-603. Citation procedure -- Citation -- Offenses -- Time limits -- Failure to appear.
Amended by Chapter 214, 2020 General Session, (Coordination Clause)
Amended by Chapter 214, 2020 General Session
Amended by Chapter 312, 2020 General Session
78A-6-603. Citation procedure -- Citation -- Offenses -- Time limits -- Failure to appear.
- (1) A petition is not required to commence a proceeding against a minor for an adjudication of an alleged offense if a citation is issued for an offense for which the court has jurisdiction over and the offense listed in the citation is for:
- (a) a violation of a wildlife law;
- (b) a violation of a boating law;
- (c) a class B or C misdemeanor or an infraction other than a misdemeanor or infraction:
- (i) for a traffic violation; or
- (ii) designated as a citable offense by general order of the Board of Juvenile Court Judges;
- (d) a class B misdemeanor or infraction for a traffic violation where the individual is 15 years old or younger at the time the offense was alleged to have occurred;
- (e) an infraction or misdemeanor designated as a citable offense by a general order of the Board of Juvenile Court Judges; or
- (f) a violation of Subsection 76-10-105(2).
- (2) Except as provided in Subsection (6) and Section 53G-8-211, a citation for an offense listed in Subsection (1) shall be submitted to the court within five days of issuance to a minor.
- (3) A copy of the citation shall contain:
- (a) the name and address of the court before which the minor may be required to appear;
- (b) the name of the minor cited;
- (c) the statute or local ordinance that the minor is alleged to have violated;
- (d) a brief description of the offense charged;
- (e) the date, time, and location at which the offense is alleged to have occurred;
- (f) the date the citation was issued;
- (g) the name and badge or identification number of the peace officer or public official who issued the citation;
- (h) the name of the arresting person if an arrest was made by a private party and the citation was issued in lieu of taking the arrested minor into custody as provided in Section 78A-6-112;
- (i) a statement that the minor and parent or legal guardian are to appear when notified by the court; and
- (j) the signature of the minor and the parent or legal guardian, if present, agreeing to appear at the court when notified by the court.
- (4) A copy of the citation shall contain space for the following information to be entered if known:
- (a) the minor's address;
- (b) the minor's date of birth;
- (c) the name and address of the child's custodial parent or legal guardian, if different from the child; and
- (d) if there is a victim, the victim's name, address, and an estimate of loss, except that this information shall be removed from the documents the minor receives.
- (5) A citation received by the court beyond the time designated in Subsection (2) shall include a written explanation for the delay.
- (6) A minor offense, as defined in Section 78A-6-1202, alleged to have been committed by an enrolled child on school property or related to school attendance, may only be referred to the prosecuting attorney or the court in accordance with Section 53G-8-211.
- (7) If a court receives a citation described in Subsection (1), the court's probation department shall make a preliminary inquiry as to whether the minor is eligible for a nonjudicial adjustment in accordance with Subsection 78A-6-602(7).
- (8)
- (a) Except as provided in Subsection (8)(b), if a citation is issued to a minor, a prosecuting attorney may commence a proceeding against a minor, without filing a petition, for an adjudication of the offense in the citation only if:
- (i) the minor is not eligible for, or does not complete, a nonjudicial adjustment in accordance with Section 78A-6-602; and
- (ii) the prosecuting attorney conducts an inquiry under Subsection (9).
- (b) Except as provided in Subsection 78A-6-602.5(2), a prosecuting attorney may not commence a proceeding against an individual for any offense listed in a citation alleged to have occurred before the individual was 12 years old.
- (a) Except as provided in Subsection (8)(b), if a citation is issued to a minor, a prosecuting attorney may commence a proceeding against a minor, without filing a petition, for an adjudication of the offense in the citation only if:
- (9) The prosecuting attorney shall conduct an inquiry to determine, upon reasonable belief, that:
- (a) the charge listed in the citation is supported by probable cause;
- (b) admissible evidence will be sufficient to support adjudication beyond a reasonable doubt; and
- (c) the decision to charge is in the interests of justice.
- (10) If a proceeding is commenced against a minor under Subsection (8)(a), the minor shall appear at the court at a date and time established by the court.
- (11) If a minor willfully fails to appear before the court for a proceeding under Subsection (8)(a), the court may:
- (a) find the minor in contempt of court; and
- (b) proceed against the minor as provided in Section 78A-6-1101.
- (12) When a proceeding is commenced under this section, bail may be posted and forfeited under Section 78A-6-113 with the consent of:
- (a) the court; and
- (b) if the minor is a child, the parent or legal guardian of the child cited.
Amended by Chapter 214, 2020 General Session, (Coordination Clause)
Amended by Chapter 214, 2020 General Session
Amended by Chapter 312, 2020 General Session
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