1. (1) An entry of a plea of guilty or no contest to a criminal charge under Section 41-6a-502 is invalid unless the prosecutor agrees to the plea:

   1. (a) in open court;
   2. (b) in writing; or
   3. (c) by another means of communication which the court finds adequate to record the prosecutor's agreement.

2. (2)

   1. (a) Prior to agreeing to a plea of guilty or no contest under Subsection (1), the prosecutor shall examine the criminal history or driver license record of the defendant to determine if the defendant's record contains a conviction, arrest, or charge for:

      1. (i) more than one prior violation within the previous 10 years of any offense that, if the defendant were convicted, would qualify as a conviction as defined in Subsection 41-6a-501(2);

      2. (ii) a felony violation of:

         1. (A) Section 41-6a-502; or
         2. (B) Section 76-5-102.1; or
      3. (iii) a violation of Section 76-5-207.

   2. (b) If the defendant's record contains a conviction or unresolved arrest or charge for an offense listed in Subsection (2)(a), a plea may only be accepted if:

      1. (i) approved by:

         1. (A) a district attorney;
         2. (B) a deputy district attorney;
         3. (C) a county attorney;
         4. (D) a deputy county attorney;
         5. (E) the attorney general; or
         6. (F) an assistant attorney general; and
      2. (ii) the attorney giving approval under Subsection (2)(b)(i) has felony jurisdiction over the case.

Amended by Chapter 116, 2022 General Session