Posted: March 17, 2025
Rules of Criminal Procedure – Comment Period Closes May 1, 2025
URCrP007. Initial proceedings for class A misdemeanors and felonies. Amend.
URCrP007A. Procedures for arraignment on class B or C misdemeanors, or infractions. Amend.
Rules 7 & 7A are amended to require the collection of certain demographic information for a person subject to a pretrial protective order at the time of case initiation or when a party makes a request for a pretrial protective order. The demographic information collected is necessary to establish the pretrial protective order on both state and federal databases and maintain the record for enforcement purposes.
The proposed changes to Rule 7 include amending the term “preliminary examination” to become “preliminary hearing.” Because Utah Constitution Article I, Section 12 uses the term “preliminary examination,” it seems like it may be wise to use the same term in Rule 7. To do otherwise risks introducing confusion into the rule….is a “preliminary hearing” in Rule 7 different than the “preliminary examination” in Article I, Section 12?