17-68-503. Pretrial responsibilities.

251 words·~1 min read·/ut/title-17/chapter-68/17-68-503

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

Effective 11/6/2025

(a)A public prosecutor shall:

(i)institute proceedings before the proper court:

(A)for the arrest of a person charged with a public offense; or

(B)if the prosecutor has probable cause to believe that a public offense has been committed and a grand jury has been convened by a court;

(ii)draw all indictments and information for offenses against:

(A)the laws of the state occurring within the county; and

(B)the criminal ordinances of the county;

(iii)cause all persons under indictment or informed against to be speedily arraigned for crimes charged; and

(iv)issue subpoenas for all witnesses for the state or for the county in the prosecution of a criminal ordinance.

(b)A public prosecutor described in Subsection (1)(a)(i)(B) shall:

(i)assist and attend the deliberations of the grand jury; and

(ii)prepare all necessary indictments and arrange for the subpoena of witnesses to appear before the grand jury.

(2)The public prosecutor may:

(a)examine as to the sufficiency of an appearance bond that may be tendered to the court; and

(b)upon a court order:

(i)institute proceedings for the recovery upon forfeiture of a bond running to the state or county; and

(ii)enforce the collection of a bond described in Subsection (2)(b)(i) .

(3)The public prosecutor is authorized to grant transactional immunity to a witness for violation of a state statute or county criminal ordinance.

Renumbered and Amended by Chapter 13 , 2025 Special Session 1