17-61-204. Effect of consolidation -- Pending criminal proceedings.

388 words·~2 min read·/ut/title-17/chapter-61/17-61-204

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 11/6/2025

(1)All territory included within the boundaries of the originating county becomes, upon the consolidation effective date described in Section 17-61-203 , the territory of the consolidating county.

(2)The precincts and school districts existing in the originating county:

(a)continue and become precincts and school districts in the consolidating county;

(b)remain organized until changed in the manner provided by law; and

(c)retain the same officers of those precincts and school districts until the expiration of the applicable terms.

(3)The ownership of all property, both real and personal, held and owned by the originating county at the time of consolidation is vested in the consolidating county.

(a)The term of a county officer in the originating county terminates and ceases on the consolidation effective date.

(b)A county officer of the originating county shall immediately, and before the consolidation effective date, deliver to the corresponding county officer of the consolidating county all books, records, and papers of the originating county.

(5)An individual who is confined under lawful commitment in the county jail of the originating county, or otherwise lawfully held to answer for alleged violation of any of the criminal laws of this state, shall:

(a)be delivered to the sheriff of the consolidating county before the consolidation effective date; and

(b)be confined in the county jail of the consolidating county for the unexpired term of the individual's sentence or held as specified in the individual's commitment.

(a)All criminal proceedings pending in the originating county shall be prosecuted to judgment and execution in the consolidating county.

(b)All offenses committed in the originating county before consolidation that have not been prosecuted shall be prosecuted in the consolidating county.

(7)All actions, proceedings, and matters pending in:

(a)the district court of the originating county may be proceeded with in the district court of the consolidating county; and

(b)the juvenile court of the originating county may be proceeded with in the juvenile court of the consolidating county.

(8)All indebtedness of the originating county are transferred to and become the indebtedness of the consolidating county with the same effect as if it had been incurred by the consolidating county.

Renumbered and Amended by Chapter 13 , 2025 Special Session 1