78A-6-116 - Minor's cases considered civil proceedings -- Adjudication of jurisdiction by juvenile court not conviction of crime -- Exceptions -- Minor not to be charged with crime -- Exception --
78A-6-116. Minor's cases considered civil proceedings -- Adjudication ofjurisdiction by juvenile court not conviction of crime -- Exceptions -- Minor not to becharged with crime -- Exception -- Traffic violation cases -- Abstracts to Department ofPublic Safety.
(1) Except as provided in Sections 78A-6-701, 78A-6-702, and 78A-6-703, proceedingsin a minor's case shall be regarded as civil proceedings with the court exercising equitablepowers.
(2) An adjudication by a juvenile court that a minor is within its jurisdiction underSection 78A-6-103 is not considered a conviction of a crime, except in cases involving trafficviolations. An adjudication may not operate to impose any civil disabilities upon the minor norto disqualify the minor for any civil service or military service or appointment.
(3) A minor may not be charged with a crime or convicted in any court except asprovided in Sections 78A-6-701, 78A-6-702, and 78A-6-703, and in cases involving trafficviolations. When a petition has been filed in the juvenile court, the minor may not later besubjected to criminal prosecution based on the same facts except as provided in Section78A-6-702 or 78A-6-703.
(4) An adjudication by a juvenile court that a minor is within its jurisdiction underSection 78A-6-103 is considered a conviction for the purposes of determining the level ofoffense for which a minor may be charged and enhancing the level of an offense in the juvenilecourt. A prior adjudication may be used to enhance the level or degree of an offense committedby an adult only as otherwise specifically provided.
(5) Abstracts of court records for all adjudications of traffic violations shall be submittedto the Department of Public Safety as provided in Section 53-3-218.
(6) Information necessary to collect unpaid fines, fees, assessments, bail, or restitutionmay be forwarded to employers, financial institutions, law enforcement, constables, the Office ofRecovery Services, or other agencies for purposes of enforcing the order as provided in Section78A-6-117.
Amended by Chapter 38, 2010 General Session