78A-6-103.5. Exclusive jurisdiction of the juvenile court -- Transfer from district court.

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

Effective 5/1/2024

(1)Except as provided in Subsection (3), the juvenile court has exclusive jurisdiction over a felony, misdemeanor, infraction, or violation of an ordinance under municipal, state, or federal law that is:

(a)committed by a child and that arises from a single criminal episode containing an offense for which:

(i)a citation, petition, indictment, or criminal information is filed; and

(ii)the court has original jurisdiction as described in Subsection 78A-6-103 (1)(a); or

(b)committed by an individual who is under 21 years old at the time of all court proceedings, but committed before the individual was 18 years old, and that arises from a single criminal episode containing an offense for which:

(i)a citation, petition, indictment, or criminal information is filed; and

(ii)the court has original jurisdiction as described in Subsection 78A-6-103 (1)(b).

(2)The juvenile court has exclusive jurisdiction over a misdemeanor, infraction, or violation of an ordinance under municipal or state law that:

(a)is committed by an individual:

(i)who was 18 years old and enrolled in high school at the time of the offense; and

(ii)who is under 21 years old at the time of all court proceedings;

(b)is committed on school property where the individual was enrolled:

(i)when school was in session; or

(ii)during a school-sponsored activity, as defined in Section 53G-8-211 ; and

(c)arises from a single criminal episode containing an offense for which:

(i)a citation, petition, indictment, or criminal information is filed; and

(ii)the court has original jurisdiction as described in Subsection 78A-6-103 (1)(c).

(3)If a juvenile court transfers jurisdiction of an offense to the district court under Section 80-6-504 , the exclusive jurisdiction of the juvenile court over that offense is terminated.

(4)Upon entry of an order transferring an offense to the juvenile court in accordance with Subsection 78A-5-102.5

(6)or (7), the juvenile court gains or regains jurisdiction over any offense for which the juvenile court has original or exclusive jurisdiction.

(5)After a district court transfers an offense to the juvenile court under Subsection 78A-5-102.5

(6)or (7), the juvenile court shall:

(a)proceed upon the criminal information as if the criminal information were a petition under Section 80-6-305 ; and

(b)if the minor was convicted of the transferred offense, enter the conviction as an adjudication and proceed with disposition in accordance with Title 80, Chapter 6, Part 7, Adjudication and Disposition.

(6)For purposes of this section and Section 78A-5-102.5 , an offense transferred to the juvenile court from the district court under Subsection 78A-5-102.5

(6)or

(7)is an adjudication and not a conviction.

Amended by Chapter 199 , 2024 General Session