H.B. 50
LEGISLATIVE GENERAL COUNSEL
6 Approved for Filing: J. Carlton 6
6 12-20-22 3:01 PM 6
H.B. 50
1 CRIMINAL FINANCIAL OBLIGATION AMENDMENTS
2 2023 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Karianne Lisonbee
5 Senate Sponsor: Todd D. Weiler
6
7LONG TITLE
8Committee Note:
9 The Judiciary Interim Committee recommended this bill.
10 Legislative Vote:15 voting for0 voting against 2 absent
11General Description:
12 This bill amends provisions regarding financial obligations owed by a defendant as a
13result of a criminal sentence.
14Highlighted Provisions:
15 This bill:
16 <defines terms;
17 <clarifies the duties of the Office of State Debt Collection in regards to the settlement
18of an accounts receivable with a restitution amount;
19 <addresses fees and interest for an infraction;
20 <addresses restitution for a plea in abeyance;
21 <addresses a criminal accounts receivable in regards to probation;
22 <addresses a payment towards a civil judgment of restitution;
23 <amends provisions regarding the collection of information for restitution;
24 <amends provisions regarding an order for restitution;
25 <clarifies the effect and nature of a civil judgment of restitution and a civil accounts
26receivable;
27 <addresses a civil action or settlement for a defendant's criminal conduct;
*HB0050* H.B. 50 12-20-22 3:01 PM
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28 <amends provisions regarding the disbursement of payments towards a criminal
29accounts receivable, a civil accounts receivable, and a civil judgment of restitution;
30 <amends provisions regarding an appeal from a justice court to a district court; and
31 <makes technical and conforming changes.
32Money Appropriated in this Bill:
33 None
34Other Special Clauses:
35 None
36Utah Code Sections Affected:
37AMENDS:
38 63A-3-502, as last amended by Laws of Utah 2022, Chapter 323
39 76-3-301, as last amended by Laws of Utah 2019, Chapter 291
40 77-2a-1, as last amended by Laws of Utah 2021, Chapter 260
41 77-2a-3, as last amended by Laws of Utah 2022, Chapter 116
42 77-18-108, as last amended by Laws of Utah 2022, Chapter 115
43 77-18-114, as last amended by Laws of Utah 2022, Chapters 323, 359
44 77-20-302, as renumbered and amended by Laws of Utah 2021, Second Special
45Session, Chapter 4
46 77-38b-102, as last amended by Laws of Utah 2022, Chapter 359
47 77-38b-201, as enacted by Laws of Utah 2021, Chapter 260
48 77-38b-205, as enacted by Laws of Utah 2021, Chapter 260
49 77-38b-301, as enacted by Laws of Utah 2021, Chapter 260
50 77-38b-303, as last amended by Laws of Utah 2022, Chapter 359
51 77-38b-304, as last amended by Laws of Utah 2022, Chapter 323
52 78A-7-118, as last amended by Laws of Utah 2021, Second Special Session, Chapter 4
53
54Be it enacted by the Legislature of the state of Utah:
55 Section 1. Section 63A-3-502 is amended to read:
56 63A-3-502. Office of State Debt Collection created -- Duties.
57 (1) The state and each state agency shall comply with:
58 (a) the requirements of this chapter; and 12-20-22 3:01 PM H.B. 50
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59 (b) any rules established by the Office of State Debt Collection.
60 (2) There is created the Office of State Debt Collection in the Division of Finance.
61 (3) The office shall:
62 (a) have overall responsibility for collecting and managing state receivables;
63 (b) assist the Division of Finance to develop consistent policies governing the
64collection and management of state receivables;
65 (c) oversee and monitor state receivables to ensure that state agencies are:
66 (i) implementing all appropriate collection methods;
67 (ii) following established receivables guidelines; and
68 (iii) accounting for and reporting receivables in the appropriate manner;
69 (d) assist the Division of Finance to develop policies, procedures, and guidelines for
70accounting, reporting, and collecting money owed to the state;
71 (e) provide information, training, and technical assistance to each state agency on
72various collection-related topics;
73 (f) write an inclusive receivables management and collection manual for use by each
74state agency;
75 (g) prepare quarterly and annual reports of the state's receivables;
76 (h) create or coordinate a state accounts receivable database;
77 (i) develop reasonable criteria to gauge state agencies' efforts in maintaining an
78effective accounts receivable program;
79 (j) identify any state agency that is not making satisfactory progress toward
80implementing collection techniques and improving accounts receivable collections;
81 (k) coordinate information, systems, and procedures between each state agency to
82maximize the collection of past-due accounts receivable;
83 (l) establish an automated cash receipt process between each state agency;
84 (m) assist the Division of Finance to establish procedures for writing off accounts
85receivable for accounting and collection purposes;
86 (n) establish standard time limits after which an agency will delegate responsibility to
87collect state receivables to the office or the office's designee;
88 (o) be a real party in interest for:
89 (i) an account receivable referred to the office by any state agency; and H.B. 50 12-20-22 3:01 PM
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90 (ii) a civil judgment of restitution entered on a civil judgment docket by a court;
91 (p) allocate money collected for a judgment entered on the civil judgment docket under
92Section 77-18-114 in accordance with Sections 51-9-402, 63A-3-506, and 78A-5-110;
93 (q) if a criminal accounts receivable is transferred to the office under Subsection
9477-32b-103(2)(a)(ii), receive, process, and distribute payments for the criminal accounts
95receivable;
96 (r) provide a debtor online access to the debtor's accounts receivable or criminal
97accounts receivable in accordance with Section 63A-3-502.5;
98 (s) establish a written policy for each of the following:
99 (i) the settling of an accounts receivable, including [that a restitution amount may be
100settled] any amount of restitution owed to a victim in a civil judgment of restitution if the
101victim approves of the settlement;
102 (ii) allowing a debtor to pay off a single debt as part of an accounts receivable even if
103the debtor has a balance on another debt as part of an accounts receivable or criminal accounts
104receivable;
105 (iii) setting a payment deadline for settlement agreements and for obtaining an
106extension of a settlement agreement deadline; and
107 (iv) reducing administrative costs when a settlement has been reached;
108 (t) consult with a state agency on whether:
109 (i) the office may agree to a settlement for an amount that is less than the debtor's
110principal amount; and
111 (ii) the state agency may retain authority to negotiate a settlement with a debtor; and
112 (u) provide the terms and conditions of any payment arrangement that the debtor has
113made with a state agency or the office when:
114 (i) the payment arrangement is created; or
115 (ii) the debtor requests a copy of the terms and conditions.
116 (4) The office may:
117 (a) recommend to the Legislature new laws to enhance collection of past-due accounts
118by state agencies;
119 (b) collect accounts receivables for higher education entities, if the higher education
120entity agrees; 12-20-22 3:01 PM H.B. 50
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121 (c) prepare a request for proposal for consulting services to:
122 (i) analyze the state's receivable management and collection efforts; and
123 (ii) identify improvements needed to further enhance the state's effectiveness in
124collecting the state's receivables;
125 (d) contract with private or state agencies to collect past-due accounts;
126 (e) perform other appropriate and cost-effective coordinating work directly related to
127collection of state receivables;
128 (f) obtain access to records and databases of any state agency that are necessary to the
129duties of the office by following the procedures and requirements of Section 63G-2-206,
130including the financial declaration form described in Section 77-38b-204;
131 (g) collect interest and fees related to the collection of receivables under this chapter,
132and establish, by following the procedures and requirements of Section 63J-1-504:
133 (i) a fee to cover the administrative costs of collection on accounts administered by the
134office;
135 (ii) a late penalty fee that may not be more than 10% of the account receivable on
136accounts administered by the office;
137 (iii) an interest charge that is:
138 (A) the postjudgment interest rate established by Section 15-1-4 in judgments
139established by the courts; or
140 (B) not more than 2% above the prime rate as of July 1 of each fiscal year for accounts
141receivable for which no court judgment has been entered; and
142 (iv) fees to collect accounts receivable for higher education;
143 (h) collect reasonable attorney fees and reasonable costs of collection that are related to
144the collection of receivables under this chapter;
145 (i) make rules that allow accounts receivable to be collected over a reasonable period
146of time and under certain conditions with credit cards;
147 (j) for a case that is referred to the office or in which the office is a judgment creditor,
148file a motion or other document related to the office or the accounts receivable in that case,
149including a satisfaction of judgment, in accordance with the Utah Rules of Civil Procedure;
150 (k) ensure that judgments for which the office is the judgment creditor are renewed, as
151necessary; H.B. 50 12-20-22 3:01 PM
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152 (l) notwithstanding Section 63G-2-206, share records obtained under Subsection (4)(f)
153with private sector vendors under contract with the state to assist state agencies in collecting
154debts owed to the state agencies without changing the classification of any private, controlled,
155or protected record into a public record;
156 (m) enter into written agreements with other governmental agencies to obtain and share
157information for the purpose of collecting state accounts receivable; and
158 (n) collect accounts receivable for a political subdivision of the state if the political
159subdivision enters into an agreement or contract with the office under Title 11, Chapter 13,
160Interlocal Cooperation Act, for the office to collect the political subdivision's accounts
161receivable.
162 (5) The office shall ensure that:
163 (a) a record obtained by the office or a private sector vendor under Subsection (4)(l):
164 (i) is used only for the limited purpose of collecting accounts receivable; and
165 (ii) is subject to federal, state, and local agency records restrictions; and
166 (b) any individual employed by, or formerly employed by, the office or a private sector
167vendor as referred to in Subsection (4)(l) is subject to:
168 (i) the same duty of confidentiality with respect to the record imposed by law on
169officers and employees of the state agency from which the record was obtained; and
170 (ii) any civil or criminal penalties imposed by law for violations of lawful access to a
171private, controlled, or protected record.
172 (6) (a) The office shall collect a civil accounts receivable or a civil judgment of
173restitution ordered by a court as a result of prosecution for a criminal offense that have been
174transferred to the office under Subsection 77-18-114(1) or (2).
175 (b) The office may not assess:
176 (i) the interest charge established by the office under Subsection (4) on an account
177receivable subject to the postjudgment interest rate established by Section 15-1-4; and
178 (ii) an interest charge on a criminal accounts receivable that is transferred to the office
179under Subsection 77-32b-103(2)(a)(ii).
180 (7) The office shall require a state agency to:
181 (a) transfer collection responsibilities to the office or the office's designee according to
182time limits established by the office; 12-20-22 3:01 PM H.B. 50
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183 (b) make annual progress towards implementing collection techniques and improved
184accounts receivable collections;
185 (c) use the state's accounts receivable system or develop systems that are adequate to
186properly account for and report the state's receivables;
187 (d) develop and implement internal policies and procedures that comply with the
188collections policies and guidelines established by the office;
189 (e) provide internal accounts receivable training to staff involved in the management
190and collection of receivables as a supplement to statewide training;
191 (f) bill for and make initial collection efforts of the state agency's receivables up to the
192time the accounts must be transferred; and
193 (g) submit quarterly receivable reports to the office that identify the age, collection
194status, and funding source of each receivable.
195 (8) All interest, fees, and other amounts authorized to be collected by the office under
196Subsection (4)(g):
197 (a) are penalties that may be charged by the office;
198 (b) do not require an order from a court for the office to assess or collect;
199 (c) are not compensation for actual pecuniary loss;
200 (d) for a civil accounts receivable:
201 (i) begin to accrue on the day on which the civil accounts receivable is entered on the
202civil judgment docket under Subsection 77-18-114(1) or (2); and
203 (ii) may be collected as part of the civil accounts receivable;
204 (e) for a civil judgment of restitution:
205 (i) begin to accrue on the day on which the civil judgment of restitution is entered on
206the civil judgment docket under Subsection 77-18-114(1); and
207 (ii) may be collected as part of the civil judgment of restitution;
208 (f) for all other accounts receivable:
209 (i) begin to accrue on the day on which the accounts receivable is transferred to the
210office, even if there is no court order on the day on which the accounts receivable is
211transferred; and
212 (ii) may be collected as part of the accounts receivable; and
213 (g) may be waived by: H.B. 50 12-20-22 3:01 PM
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214 (i) the office; or
215 (ii) if the interest, fee, or other amount is charged in error, the court.
216 Section 2. Section 76-3-301 is amended to read:
217 76-3-301. Fines of individuals.
218 (1) An individual convicted of an offense may be sentenced to pay a fine, not
219exceeding:
220 (a) $10,000 for a felony conviction of the first degree or second degree;
221 (b) $5,000 for a felony conviction of the third degree;
222 (c) $2,500 for a class A misdemeanor conviction;
223 (d) $1,000 for a class B misdemeanor conviction;
224 (e) $750 for a class C misdemeanor conviction or infraction conviction; and
225 (f) any greater amounts specifically authorized by statute.
226 (2) (a) An individual convicted of a misdemeanor or infraction and sentenced to pay a
227fine may not be charged by a court:
228 (i) notwithstanding Section 15-1-4, interest on the judgment that in the aggregate is
229more than 25% of the initial fine; or
230 (ii) that issues an order to show cause under Section 78B-6-317 for failure to pay the
231fine, interest that is more than 25% of the initial fine.
232 (b) An individual convicted only of an infraction and sentenced to pay a fine may not
233be charged:
234 (i) by the Office of State Debt Collection, late fees and interest that in the aggregate are
235more than 25% of the initial fine; or
236 (ii) by a third-party debt contractor of the Office of State Debt Collection, additional
237fees.
238 (3) Subsection (2) does not apply to a case that includes:
239 (a) victim restitution; or
240 (b) a felony conviction, even if that felony conviction is later reduced.
241 (4) This section does not apply to a corporation, association, partnership, government,
242or governmental instrumentality.
243 Section 3. Section 77-2a-1 is amended to read:
244 77-2a-1. Definitions. 12-20-22 3:01 PM H.B. 50
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245 As used in this chapter:
246 (1) "Criminal conduct" means the same as that term is defined in Section 77-38b-102.
247 [(1)] (2) "Pecuniary damages" means the same as that term is defined in Section
24877-38b-102.
249 [(2)] (3) "Plea in abeyance" means an order by a court, upon motion of the prosecuting
250attorney and the defendant, accepting a plea of guilty or of no contest from the defendant but
251not, at that time, entering judgment of conviction against the defendant nor imposing sentence
252upon the defendant on condition that the defendant comply with specific conditions as set forth
253in a plea in abeyance agreement.
254 [(3)] (4) "Plea in abeyance agreement" means an agreement entered into between the
255prosecuting attorney and the defendant setting forth the specific terms and conditions upon
256which, following acceptance of the agreement by the court, a plea may be held in abeyance.
257 [(4)] (5) "Restitution" means the same as that term is defined in Section 77-38b-102.
258 (6) "Victim" means the same as that term is defined in Section 77-38b-102.
259 Section 4. Section 77-2a-3 is amended to read:
260 77-2a-3. Manner of entry of plea -- Powers of court.
261 (1) (a) Acceptance of any plea in anticipation of a plea in abeyance agreement shall be
262done in full compliance with the Utah Rules of Criminal Procedure, Rule 11.
263 (b) In cases charging offenses for which bail may be forfeited, a plea in abeyance
264agreement may be entered into without a personal appearance before a magistrate.
265 (2) A plea in abeyance agreement may provide that the court may, upon finding that the
266defendant has successfully completed the terms of the agreement:
267 (a) reduce the degree of the offense and enter judgment of conviction and impose
268sentence for a lower degree of offense; or
269 (b) allow withdrawal of defendant's plea and order the dismissal of the case.
270 (3) (a) Upon finding that a defendant has successfully completed the terms of a plea in
271abeyance agreement, the court may reduce the degree of the offense or dismiss the case only as
272provided in the plea in abeyance agreement or as agreed to by all parties.
273 (b) Upon sentencing a defendant for any lesser offense in accordance with a plea in
274abeyance agreement, the court may not invoke Section 76-3-402 to further reduce the degree of
275the offense. H.B. 50 12-20-22 3:01 PM
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276 (4) The court may require the Department of Corrections to assist in the administration
277of the plea in abeyance agreement as if the defendant were on probation to the court under
278Section 77-18-105.
279 (5) The terms of a plea in abeyance agreement may include:
280 (a) an order that the defendant pay a nonrefundable plea in abeyance fee, with a
281surcharge based on the amount of the plea in abeyance fee, both of which shall be allocated in
282the same manner as if paid as a fine for a criminal conviction under Section 78A-5-110 and a
283surcharge under Title 51, Chapter 9, Part 4, Criminal Conviction Surcharge Allocation, and
284which may not exceed in amount the maximum fine and surcharge which could have been
285imposed upon conviction and sentencing for the same offense;
286 (b) an order that the defendant pay the costs of any remedial or rehabilitative program
287required by the terms of the agreement; and
288 (c) an order that the defendant comply with any other conditions that could have been
289imposed as conditions of probation upon conviction and sentencing for the same offense.
290 [(6) (a) The terms of a plea in abeyance shall include an order for a specific amount of
291restitution that the defendant will pay, as agreed to by the defendant and the prosecuting
292attorney, unless the prosecuting attorney certifies that:]
293 [(i) the prosecuting attorney has consulted with all victims, including the Utah Office
294for Victims of Crime; and]
295 [(ii) the defendant does not owe any restitution.]
296 (6) (a) The terms of a plea in abeyance shall include:
297 (i) a specific amount of restitution that the defendant will pay, as agreed to by the
298defendant and the prosecuting attorney;
299 (ii) a certification from the prosecuting attorney that:
300 (A) the prosecuting attorney has consulted with all victims, including the Utah Office
301for Victims of Crime; and
302 (B) all victims, including the Utah Office for Victims of Crime, are not seeking
303restitution; or
304 (iii) an agreement between the parties that restitution will be determined by the court at
305a subsequent hearing in accordance with Section 77-38b-205.
306 (b) At a subsequent hearing described in Subsection (6)(a)(iii), the court shall order the 12-20-22 3:01 PM H.B. 50
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307defendant, as a modified term of the plea in abeyance, to pay restitution to all victims for the
308entire amount of pecuniary damages that are proximately caused by the criminal conduct of the
309defendant.
310 [(b)] (c) The court shall collect, receive, process, and distribute payments for restitution
311to the victim, unless otherwise provided by law or by the plea in abeyance agreement.
312 [(c)] (d) If the defendant does not successfully complete the terms of the plea in
313abeyance, the court shall enter an order for restitution, in accordance with Title 77, Chapter
31438b, Crime Victims Restitution Act, upon entering a sentence for the defendant.
315 (7) (a) A court may not hold a plea in abeyance without the consent of both the
316prosecuting attorney and the defendant.
317 (b) A decision by a prosecuting attorney not to agree to a plea in abeyance is final.
318 (8) No plea may be held in abeyance in any case involving:
319 (a) a sexual offense against [a victim] an individual who is under 14 years old; or
320 (b) a driving under the influence violation under Section 41-6a-502, 41-6a-502.5,
32141-6a-517, 41-6a-520, 76-5-102.1, or 76-5-207.
322 Section 5. Section 77-18-108 is amended to read:
323 77-18-108. Termination, revocation, modification, or extension of probation --
324Violation of probation -- Hearing on violation.
325 (1) (a) The department shall [notify the court and the prosecuting attorney, in writing]
326send a written notice to the court:
327 (i) when the department is [requesting] recommending termination of supervision for a
328defendant; or
329 (ii) before a defendant's supervision will be terminated by law.
330 (b) The [notification] written notice under this Subsection (1) shall include:
331 (i) a probation progress report[.]; and
332 (ii) if the department is responsible for the collection of the defendant's criminal
333accounts receivable, a summary of the criminal accounts receivable, including the amount of
334restitution ordered and the amount of restitution that has been paid.
335 (c) (i) Upon receipt of the written notice under Subsection (1)(a), the court shall:
336 (A) file the written notice on the docket; and
337 (B) provide notice to all parties in the criminal case. H.B. 50 12-20-22 3:01 PM
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338 (ii) A party shall have a reasonable opportunity to respond to the written notice under
339Subsection (1)(a).
340 [(c)] (d) If a defendant's probation is being terminated, and the defendant's criminal
341accounts receivable has an unpaid balance or there is any outstanding debt with the department,
342the department shall [notify] send a written notice to the Office of State Debt Collection [that
343the defendant's criminal accounts receivable has an unpaid balance or there is an outstanding
344debt with the department.] with a summary of the defendant's criminal accounts receivable,
345including the amount of restitution ordered and the amount of restitution that has been paid.
346 (2) (a) The court may modify the defendant's probation in accordance with the
347supervision length guidelines and the graduated and evidence-based responses and graduated
348incentives developed by the Utah Sentencing Commission under Section 63M-7-404.
349 (b) The court may not:
350 (i) extend the length of a defendant's probation, except upon:
351 (A) waiver of a hearing by the defendant; or
352 (B) a hearing and a finding by the court that the defendant has violated the terms of
353probation;
354 (ii) revoke a defendant's probation, except upon a hearing and a finding by the court
355that the terms of probation have been violated; or
356 (iii) terminate a defendant's probation before expiration of the probation period until
357the court:
358 (A) reviews the docket to determine whether the defendant owes a balance on the
359defendant's criminal accounts receivable; and
360 (B) enters a finding of whether the defendant owes restitution under Section
36177-38b-205.
362 (c) The court may find under Subsection (2)(b)(iii)(B) that the defendant does not owe
363restitution if no request for restitution has been filed with the court.
364 (3) (a) Upon the filing of an affidavit, or an unsworn written declaration executed in
365substantial compliance with Title 78B, Chapter 18a, Uniform Unsworn Declarations Act,
366alleging with particularity facts asserted to constitute violation of the terms of a defendant's
367probation, the court shall determine if the affidavit or unsworn written declaration establishes
368probable cause to believe that revocation, modification, or extension of the defendant's 12-20-22 3:01 PM H.B. 50
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369probation is justified.
370 (b) (i) If the court determines there is probable cause, the court shall order that the
371defendant be served with:
372 (A) a warrant for the defendant's arrest or a copy of the affidavit or unsworn written
373declaration; and
374 (B) an order to show cause as to why the defendant's probation should not be revoked,
375modified, or extended.
376 (ii) The order under Subsection (3)(b)(i)(B) shall:
377 (A) be served upon the defendant at least five days before the day on which the hearing
378is held;
379 (B) specify the time and place of the hearing; and
380 (C) inform the defendant of the right to be represented by counsel at the hearing, the
381right to have counsel appointed if the defendant is indigent, and the right to present evidence at
382the hearing.
383 (iii) The defendant shall show good cause for a continuance of the hearing.
384 (c) At the hearing, the defendant shall admit or deny the allegations of the affidavit or
385unsworn written declaration.
386 (d) (i) If the defendant denies the allegations of the affidavit or unsworn written
387declaration, the prosecuting attorney shall present evidence on the allegations.
388 (ii) If the affidavit, or unsworn written declaration, alleges that a defendant is
389delinquent, or in default, on a criminal accounts receivable, the prosecuting attorney shall
390present evidence to establish, by a preponderance of the evidence, that the defendant:
391 (A) was aware of the defendant's obligation to pay the balance of the criminal accounts
392receivable;
393 (B) failed to pay on the balance of the criminal accounts receivable as ordered by the
394court; and
395 (C) had the ability to make a payment on the balance of the criminal accounts
396receivable if the defendant opposes an order to show cause, in writing, and presents evidence
397that the defendant was unable to make a payment on the balance of the criminal accounts
398receivable.
399 (e) The persons who have given adverse information on which the allegations are H.B. 50 12-20-22 3:01 PM
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400based shall be presented as witnesses subject to questioning by the defendant, unless the court
401for good cause otherwise orders.
402 (f) At the hearing, the defendant may:
403 (i) call witnesses;
404 (ii) appear and speak in the defendant's own behalf; and
405 (iii) present evidence.
406 (g) (i) After the hearing, the court shall make findings of fact.
407 (ii) Upon a finding that the defendant violated the terms of the defendant's probation,
408the court may order the defendant's probation terminated, revoked, modified, continued, or
409reinstated for all or a portion of the original term of probation.
410 (4) (a) (i) Except as provided in Subsection 77-18-105(7), the court may not require a
411defendant to remain on probation for a period of time that exceeds the length of the defendant's
412maximum sentence.
413 (ii) Except as provided in Subsection 77-18-105(7), if a defendant's probation is
414revoked and later reinstated, the total time of all periods of probation that the defendant serves,
415in relation to the same sentence, may not exceed the defendant's maximum sentence.
416 (b) If the court orders a sanction for a defendant who violated terms of probation, the
417court may:
418 (i) order a period of incarceration that is consistent with the guidelines established by
419the Utah Sentencing Commission in accordance with Subsection 63M-7-404(4);
420 (ii) order a period of incarceration that deviates from the guidelines with an
421explanation for the deviation on the record;
422 (iii) order treatment services that are immediately available in the community for a
423defendant that needs substance abuse or mental health treatment, as determined by a screening
424and assessment;
425 (iv) execute the sentence previously imposed; or
426 (v) order any other appropriate sanction.
427 (c) If the defendant had, before the imposition of a term of incarceration or the
428execution of the previously imposed sentence under this section, served time in jail as a term of
429probation or due to a violation of probation, the time that the defendant served in jail
430constitutes service of time toward the sentence previously imposed. 12-20-22 3:01 PM H.B. 50
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431 (5) (a) Any time served by a defendant:
432 (i) outside of confinement after having been charged with a probation violation, and
433before a hearing to revoke probation, does not constitute service of time toward the total
434probation term, unless the defendant is exonerated at a hearing to revoke the defendant's
435probation;
436 (ii) in confinement awaiting a hearing or a decision concerning revocation of the
437defendant's probation does not constitute service of time toward the total probation term, unless
438the defendant is exonerated at the hearing to revoke probation; or
439 (iii) in confinement awaiting a hearing or a decision concerning revocation of the
440defendant's probation constitutes service of time toward a term of incarceration imposed as a
441result of the revocation of probation or a graduated and evidence-based response imposed
442under the guidelines established by the Utah Sentencing Commission in accordance with
443Section 63M-7-404.
444 (b) The running of the probation period is tolled upon:
445 (i) the filing of a report with the court alleging a violation of the terms of the
446defendant's probation; or
447 (ii) the issuance of an order or a warrant under Subsection (3).
448 Section 6. Section 77-18-114 is amended to read:
449 77-18-114. Unpaid balance at termination of sentence -- Past due account --
450Notice -- Account or judgment paid in full -- Effect of civil accounts receivable and civil
451judgment of restitution.
452 (1) When a defendant's sentence is terminated by law or by the decision of the court or
453the board:
454 (a) the board shall provide an accounting of the unpaid balance of the defendant's
455criminal accounts receivable to the court if the defendant was on parole or incarcerated at the
456time of termination; and
457 (b) except as provided in Subsection 77-18-118(1)(g), within 90 days after the day on
458which a defendant's sentence is terminated, the court shall:
459 (i) enter an order for a civil accounts receivable and a civil judgment of restitution for a
460defendant on the civil judgment docket;
461 (ii) transfer the responsibility of collecting the civil accounts receivable and the civil H.B. 50 12-20-22 3:01 PM
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462judgment of restitution to the Office of State Debt Collection; and
463 (iii) identify in the order under this Subsection (1):
464 (A) the Office of State Debt Collection as a judgment creditor for the civil accounts
465receivable and the civil judgment of restitution; and
466 (B) the victim as a judgment creditor for the civil judgment of restitution.
467 (2) If a criminal accounts receivable for the defendant is more than 90 days past due
468and the court has ordered that a defendant does not owe restitution to any victim, or the time
469period in Subsection 77-38b-205(5) has passed and the court has not ordered restitution, the
470court may:
471 (a) enter an order for a civil accounts receivable for the defendant on the civil judgment
472docket;
473 (b) identify, in the order under Subsection (2)(a), the Office of State Debt Collection as
474a judgment creditor for the civil accounts receivable; and
475 (c) transfer the responsibility of collecting the civil accounts receivable to the Office of
476State Debt Collection.
477 (3) An order for a criminal accounts receivable is no longer in effect after the court
478enters an order for a civil accounts receivable or a civil judgment of restitution under
479Subsection (1) or (2).
480 (4) The court shall provide notice to the Office of State Debt Collection and the
481prosecuting attorney of any hearing that affects an order for the civil accounts receivable or the
482civil judgment of restitution.
483 (5) The Office of State Debt Collection shall notify the court when a civil judgment of
484restitution or a civil accounts receivable is satisfied.
485 (6) When a fine, forfeiture, surcharge, cost, or fee is recorded in an order for a civil
486accounts receivable on the civil judgment docket, or when restitution is recorded as an order
487for a civil judgment of restitution on the civil judgment docket, the order:
488 (a) constitutes a lien on the defendant's real property until the judgment is satisfied; and
489 (b) may be collected by any means authorized by law for the collection of a civil
490judgment.
491 (7) A criminal accounts receivable, a civil accounts receivable, and a civil judgment of
492restitution are not subject to the civil statutes of limitation and expire only upon payment in 12-20-22 3:01 PM H.B. 50
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493full.
494 (8) (a) If a defendant asserts that a payment was made to a victim or third party for a
495civil judgment of restitution, or enters into any other transaction that does not involve the
496Office of State Debt Collection, and the defendant asserts that the payment results in a credit
497towards the civil judgment of restitution for the defendant:
498 (i) the defendant shall provide notice to the Office of State Debt Collection and the
499prosecuting attorney within 30 days after the day on which the payment or other transaction is
500made; and
501 (ii) the payment may only be credited towards [the principal of] the civil judgment of
502restitution and does not affect any other amount owed to the Office of State Debt Collection
503under Section 63A-3-502.
504 (b) Nothing in this Subsection (8) shall be construed to prevent a victim or a third party
505from providing notice of a payment towards a civil judgment of restitution to the Office of
506State Debt Collection.
507 Section 7. Section 77-20-302 is amended to read:
508 77-20-302. Grounds for detaining defendant while appealing the defendant's
509conviction -- Conditions for release while on appeal.
510 (1) The court shall order that a defendant who has been found guilty of an offense in a
511court of record and sentenced to a term of imprisonment in jail or prison, and who has filed an
512appeal or a petition for a writ of certiorari, be detained, unless the court finds:
513 (a) the appeal raises a substantial question of law or fact likely to result in:
514 (i) reversal;
515 (ii) an order for a new trial; or
516 (iii) a sentence that does not include a term of imprisonment in jail or prison;
517 (b) the appeal is not for the purpose of delay; and
518 (c) by clear and convincing evidence presented by the defendant, that the defendant:
519 (i) is not likely to flee the jurisdiction of the court if released; and
520 (ii) will not pose a danger to the physical, psychological, or financial and economic
521safety or well-being of any other person or the community if released.
522 (2) (a) If the court makes a finding under Subsection (1) that justifies not detaining the
523defendant, the court shall order the release of the defendant, subject to only conditions of H.B. 50 12-20-22 3:01 PM
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524release that are reasonably available and necessary to reasonably ensure the appearance of the
525defendant as required and the safety of any other individual, property, and the community.
526 (b) The conditions under Subsection (2)(a) may include conditions described in
527Subsection 77-20-205(4).
528 (c) The court may, in the court's discretion, amend an order granting release to impose
529additional or different conditions of release.
530 (3) If the defendant is found guilty of an offense in a court not of record and files a
531timely notice of appeal in accordance with Subsection [78A-7-118(1)] 78A-7-118(2) for a trial
532de novo, the court shall stay all terms of a sentence, unless at the time of sentencing the judge
533finds by a preponderance of the evidence that the defendant poses a danger to another person or
534the community.
535 (4) If a stay is ordered, the court may order postconviction restrictions on the
536defendant's conduct as appropriate, including:
537 (a) continuation of any pretrial restrictions or orders;
538 (b) sentencing protective orders under Section 78B-7-804;
539 (c) drug and alcohol use;
540 (d) use of an ignition interlock; and
541 (e) posting appropriate monetary bail.
542 (5) The provisions of Subsections (3) and (4) do not apply to convictions for an offense
543under Title 41, Chapter 6a, Part 5, Driving Under the Influence and Reckless Driving.
544 (6) Any stay authorized by Subsection (3) is lifted upon the dismissal of the appeal by
545the district court.
546 Section 8. Section 77-38b-102 is amended to read:
547 77-38b-102. Definitions.
548 As used in this chapter:
549 (1) "Civil accounts receivable" means the same as that term is defined in Section
55077-32b-102.
551 (2) "Civil judgment of restitution" means the same as that term is defined in Section
55277-32b-102.
553 (3) (a) "Conviction" means:
554 (i) a plea of: 12-20-22 3:01 PM H.B. 50
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555 (A) guilty;
556 (B) guilty with a mental illness; or
557 (C) no contest; or
558 (ii) a judgment of:
559 (A) guilty; or
560 (B) guilty with a mental illness.
561 (b) "Conviction" does not include:
562 (i) a plea in abeyance until a conviction is entered for the plea in abeyance;
563 (ii) a diversion agreement; or
564 (iii) an adjudication of a minor for an offense under Section 80-6-701.
565 (4) "Criminal accounts receivable" means the same as that term is defined in Section
56677-32b-102.
567 (5) "Criminal conduct" means:
568 (a) any misdemeanor or felony offense of which the defendant is convicted; or
569 (b) any other criminal behavior for which the defendant admits responsibility to the
570[sentencing] court with or without an admission of committing the criminal behavior.
571 (6) (a) "Defendant" means an individual who has been convicted of, or entered into a
572plea disposition for, criminal conduct.
573 (b) "Defendant" does not include a minor, as defined in Section 80-1-102, who is
574adjudicated, or enters into a nonjudicial adjustment, for any offense under Title 80, Chapter 6,
575Juvenile Justice.
576 (7) "Department" means the Department of Corrections.
577 (8) "Diversion agreement" means an agreement entered into by the prosecuting
578attorney and the defendant that suspends criminal proceedings before conviction on the
579condition that a defendant agree to participate in a rehabilitation program, pay restitution to the
580victim, or fulfill some other condition.
581 (9) "Office" means the Office of State Debt Collection created in Section 63A-3-502.
582 [(10) "Party" means the prosecuting attorney, the defendant, or the department
583involved in a prosecution.]
584 [(11)] (10) "Payment schedule" means the same as that term is defined in Section
58577-32b-102. H.B. 50 12-20-22 3:01 PM
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586 [(12)] (11) (a) "Pecuniary damages" means all demonstrable economic injury, losses,
587and expenses regardless of whether the economic injury, losses, and expenses have yet been
588incurred.
589 (b) "Pecuniary damages" does not include punitive damages or pain and suffering
590damages.
591 [(13)] (12) "Plea agreement" means an agreement entered between the prosecuting
592attorney and the defendant setting forth the special terms and conditions and criminal charges
593upon which the defendant will enter a plea of guilty or no contest.
594 [(14)] (13) "Plea disposition" means an agreement entered into between the
595prosecuting attorney and the defendant including a diversion agreement, a plea agreement, a
596plea in abeyance agreement, or any agreement by which the defendant may enter a plea in any
597other jurisdiction or where charges are dismissed without a plea.
598 [(15)] (14) "Plea in abeyance" means an order by a court, upon motion of the
599prosecuting attorney and the defendant, accepting a plea of guilty or of no contest from the
600defendant but not, at that time, entering judgment of conviction against the defendant nor
601imposing sentence upon the defendant on condition that the defendant comply with specific
602conditions as set forth in a plea in abeyance agreement.
603 [(16)] (15) "Plea in abeyance agreement" means an agreement entered into between the
604prosecuting attorney and the defendant setting forth the specific terms and conditions upon
605which, following acceptance of the agreement by the court, a plea may be held in abeyance.
606 [(17)] (16) "Restitution" means the payment of pecuniary damages to a victim.
607 [(18)] (17) (a) "Victim" means any person who has suffered pecuniary damages that are
608proximately caused by the criminal conduct of the defendant.
609 (b) "Victim" includes:
610 (i) the Utah Office for Victims of Crime if the Utah Office for Victims of Crime makes
611a payment to, or on behalf of, a victim under Section 63M-7-519;
612 (ii) the estate of a deceased victim; and
613 (iii) a parent, spouse, intimate partner as defined in 18 U.S.C. Sec. 921, child, or
614sibling of a victim.
615 (c) "Victim" does not include a codefendant or accomplice.
616 Section 9. Section 77-38b-201 is amended to read: 12-20-22 3:01 PM H.B. 50
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617 77-38b-201. Law enforcement responsibility for collecting restitution
618information.
619 (1) A law enforcement agency investigating criminal conduct that would constitute a
620felony or a misdemeanor shall include [all] information about restitution for any potential
621victim in the investigative report or the citation, including information about[:] whether a claim
622for restitution may exist.
623 [(1) whether a claim for restitution exists;]
624 (2) A law enforcement agency shall also include in the investigative report:
625 (a) the basis for the claim for restitution; and
626 [(3)] (b) the estimated or actual amount of the claim for restitution.
627 Section 10. Section 77-38b-205 is amended to read:
628 77-38b-205. Order for restitution.
629 (1) (a) [(i)] If a defendant is convicted, as defined in Section 76-3-201, the court shall
630order a defendant, as part of the sentence imposed under Section 76-3-201, to pay restitution to
631all victims:
632 [(A)] (i) in accordance with the terms of any plea agreement in the case; or
633 [(B)] (ii) for the entire amount of pecuniary damages that are proximately caused to
634each victim by the criminal conduct of the defendant.
635 [(ii) In determining the amount of pecuniary damages under Subsection (1)(a)(i)(B),
636the court shall consider all relevant facts to establish an amount that fully compensates a victim
637for all pecuniary damages proximately caused by the criminal conduct of the defendant.]
638 [(iii) The court shall enter the determination of the amount of restitution under
639Subsection (1)(a)(ii) as a finding on the record.]
640 (b) If a court enters a plea in abeyance or a diversion agreement for a defendant that
641includes an agreement to pay restitution, the court shall order the defendant to pay restitution to
642all victims:
643 (i) in accordance with the terms of the plea in abeyance or the diversion agreement[.];
644or
645 (ii) if the terms of the plea in abeyance include an agreement between the parties that
646restitution will be determined by the court as described in Section 77-2a-3, for the entire
647amount of pecuniary damages that are proximately caused to each victim by the criminal H.B. 50 12-20-22 3:01 PM
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648conduct of the defendant.
649 (c) In determining the amount of pecuniary damages under Subsection (1)(a)(ii) or
650(b)(ii), the court shall consider all relevant facts to establish an amount that fully compensates a
651victim for all pecuniary damages proximately caused by the criminal conduct of the defendant.
652 (d) The court shall enter the determination of the amount of restitution under
653Subsection (1)(a)(ii) or (b)(ii) as a finding on the record.
654 (2) [(a)] Upon an order for a defendant to pay restitution under Subsection (1), the
655court shall:
656 [(i)] (a) enter an order to establish a criminal accounts receivable as described in
657Section 77-32b-103; and
658 [(ii)] (b) establish a payment schedule for the criminal accounts receivable as described
659in Section 77-32b-103.
660 (3) If the defendant objects to [the order for restitution or the payment schedule] a
661request for restitution, the court shall allow the defendant to have a hearing on the issue, unless
662the issue is addressed at the sentencing hearing for the defendant.
663 (4) If a court does not enter an order for restitution at sentencing, the court shall
664schedule a hearing to enter an order for restitution, unless:
665 (a) the court finds as a matter of law that there is no victim in the case; or
666 (b) the prosecuting attorney certifies to the court, on the record, that:
667 (i) the prosecuting attorney has consulted with all victims, including the Utah Office
668for Victims of Crime; and
669 (ii) all victims, including the Utah Office for Victims of Crime, are not seeking
670restitution.
671 [(4) (a) For a defendant who is sentenced after July 1, 2021, if no restitution is ordered
672at sentencing, the court shall schedule a hearing to determine restitution, unless the parties
673waive the hearing in accordance with Subsection (4)(b).]
674 [(b) The parties may only waive a hearing under Subsection (4)(a) if:]
675 [(i) the parties have stipulated to the amount of restitution owed; or]
676 [(ii) the prosecuting attorney certifies that the prosecuting attorney has consulted with
677the victim, including the Utah Office for Victims of Crime, and the defendant owes no
678restitution.] 12-20-22 3:01 PM H.B. 50
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679 [(c) The court may not enter an order for restitution without a statement from the
680prosecuting attorney that the prosecuting attorney has consulted with the victim, including the
681Utah Office for Victims of Crime.]
682 [(d) If the court does not enter an order for restitution in a hearing under Subsection
683(4)(a), the court shall:]
684 [(i) state, on the record, why the court did not enter an order for restitution; and]
685 [(ii) order a continuance of the hearing.]
686 (5) (a) A court shall enter an order for restitution in a defendant's case no later than the
687earlier of:
688 [(a)] (i) the termination of the defendant's sentence, including early termination of the
689defendant's sentence; or
690 [(b)] (ii) [(i)] (A) if the defendant is convicted and imprisoned for a first degree felony,
691within seven years after the day on which the court sentences the defendant for the first degree
692felony conviction; or
693 [(ii)] (B) except as provided in Subsection [(5)(b)(i)] (5)(a)(ii)(A), and if the defendant
694is convicted of a felony, within three years after the day on which the court sentences the
695defendant for the felony conviction[; and].
696 [(iii) if the defendant is convicted of a misdemeanor, within one year after the day on
697which the court sentences the defendant for the misdemeanor conviction.]
698 (b) A request for restitution that is made within the time period described in Subsection
699(5)(a) tolls the time for which the court must enter an order for restitution under Subsection
700(5)(a) but does not extend the term of the defendant's probation or period of incarceration.
701 (6) (a) If a court does not order restitution at sentencing or at a hearing described in
702Subsection (4), the prosecuting attorney or the victim may file a motion for restitution within
703the time periods described in Subsection (5).
704 (b) If the defendant receives notice and does not object to a motion for restitution, the
705court may order restitution without a hearing.
706 (c) If the defendant receives notice and objects to a motion for restitution, the court
707may schedule a hearing to determine whether restitution should be ordered if the prosecuting
708attorney or victim shows good cause.
709 [(6)] (7) [(a)] Upon a motion from the prosecuting attorney or the victim within the H.B. 50 12-20-22 3:01 PM
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710time periods described in Subsection (5), the court may modify an existing order of restitution,
711including the amount of pecuniary damages owed by the defendant in the order for restitution,
712if the prosecuting attorney or the victim shows good cause for modifying the order.
713 [(b) A motion under Subsection (6)(a) shall be brought within the time periods
714described in Subsection (5).]
715 Section 11. Section 77-38b-301 is amended to read:
716 77-38b-301. Entry of a civil judgment of restitution and civil accounts receivable
717-- Continuation of the criminal action -- Interest -- Delinquency.
718 (1) As used in this section, "civil judgment" means an order for:
719 (a) a civil judgment of restitution; or
720 (b) a civil accounts receivable.
721 (2) [(a)] If the court has entered a civil judgment on the civil judgment docket under
722Section 77-18-114, the civil judgment is enforceable under the Utah Rules of Civil Procedure.
723 [(b) (i) Notwithstanding Subsection (2)(a):]
724 [(A) a judgment is an obligation that arises out of the defendant's criminal case;]
725 [(B) civil enforcement of a judgment shall be construed as a continuation of the
726criminal action for which the judgment arises; and]
727 [(C) a judgment is criminal in nature.]
728 [(ii) Civil enforcement of a judgment does not divest a defendant of an obligation
729imposed in a criminal action as part of the defendant's punishment for an offense.]
730 (3) (a) Notwithstanding Sections 77-18-114, 78B-2-311, and 78B-5-202, a civil
731judgment shall expire only upon payment in full, including any applicable interest, collection
732fees, attorney fees, and liens that directly result from the civil judgment.
733 (b) Interest on a civil judgment may only accrue from the day on which the civil
734judgment is entered on the civil judgment docket by the court.
735 (c) This Subsection (3) applies to all civil judgments that are not paid in full on or
736before May 12, 2009.
737 (4) A civil judgment is considered entered on the civil judgment docket when the civil
738judgment appears on the civil judgment docket with:
739 (a) an amount owed by the defendant;
740 (b) the name of the defendant as the judgment debtor; and 12-20-22 3:01 PM H.B. 50
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741 (c) the name of the judgment creditors described in Subsections 77-18-114(1)(b)(iii)
742and (2)(b).
743 (5) If a civil judgment [of restitution] becomes delinquent, or is in default, and upon a
744motion from a judgment creditor, the court may order the defendant to appear and show cause
745why the defendant should not be held in contempt under Section 78B-6-317 for the
746delinquency or the default.
747 (6) Notwithstanding any other provision of law:
748 (a) a civil judgment is an obligation that arises out of a defendant's criminal case;
749 (b) a civil judgment is criminal in nature;
750 (c) the civil enforcement of a civil judgment shall be construed as a continuation of the
751criminal action for which the civil judgment arises; and
752 (d) the civil enforcement of a civil judgment does not divest a defendant of an
753obligation imposed as part of the defendant's punishment in a criminal action.
754 Section 12. Section 77-38b-303 is amended to read:
755 77-38b-303. Effect of civil action or settlement for criminal conduct-- Issue
756preclusion -- Crediting payments.
757 [(1) A provision under this part concerning restitution does not]
758 (1) As used in this section:
759 (a) "Civil settlement" or "settlement" means an agreement entered into between a
760victim and a defendant that settles all the claims that a victim may bring in a civil action
761against the defendant for the defendant's criminal conduct.
762 (b) "Civil settlement" or "settlement" does not include an agreement that settles a civil
763judgment of restitution or a civil accounts receivable for a defendant.
764 (2) Nothing in this chapter shall be construed to limit or impair the right of a [person
765injured by a defendant's criminal conduct] victim to sue and recover damages from the
766defendant in a civil action.
767 [(2)] (3) (a) A court's finding on the amount of restitution owed by a defendant under
768Subsection [77-38b-205(1)(a)(iii)] 77-38b-205(1)(d) may be used in a civil action pertaining to
769the defendant's liability to a victim as presumptive proof of the victim's pecuniary damages that
770are proximately caused by the defendant's criminal conduct.
771 (b) If a conviction in a criminal trial decides the issue of a defendant's liability for H.B. 50 12-20-22 3:01 PM
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772pecuniary damages suffered by a victim, the issue of the defendant's liability for pecuniary
773damages is conclusively determined as to the defendant if the issue is involved in a subsequent
774civil action.
775 (c) (i) Except as provided in Subsection [(2)(c)(ii)] (3)(c)(ii), if a defendant is
776convicted of a misdemeanor or felony offense, the defendant is precluded from subsequently
777denying the essential allegations of the offense in a subsequent civil action brought against the
778defendant for the criminal conduct underlying the offense.
779 (ii) Subsection [(2)(c)(i)] (3)(c)(i) does not apply if the offense is a class C
780misdemeanor under Title 41, Chapter 6a, Traffic Code, or the defendant entered a plea of no
781contest for the offense.
782 (4) If a civil action brought by a victim against a defendant results in a civil judgment
783for the defendant's criminal conduct or there is a civil settlement entered into between a victim
784and defendant for the defendant's criminal conduct, the civil judgment or settlement does not
785limit or preclude:
786 (a) the sentencing court from entering an order of restitution against the defendant in
787accordance with this chapter; or
788 (b) the civil enforcement of a civil judgment of restitution by the office or the victim.
789 [(3)] (5) (a) The sentencing court shall credit any payment [in favor of the] made to a
790victim in a civil action for the defendant's criminal conduct toward the amount of restitution
791owed by the defendant to the victim.
792 (b) In a civil action, a court shall credit any restitution paid by the defendant to a victim
793for the defendant's criminal conduct towards the victim against any judgment that is in favor of
794the victim for the civil action.
795 (c) If a victim receives payment from the defendant for the civil action, the victim shall
796provide notice to the sentencing court and the court in the civil action of the payment within 30
797days after the day on which the victim receives the payment.
798 [(d) Nothing in this section shall prevent a defendant from providing proof of payment
799to the court or the office.]
800 [(4) (a) If a victim prevails in a civil action against a defendant, the court shall award
801reasonable attorney fees and costs to the victim.]
802 [(b) If the defendant prevails in the civil action, the court shall award reasonable costs 12-20-22 3:01 PM H.B. 50
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803to the defendant if the court finds that the victim brought the civil action for an improper
804purpose, including to harass the defendant or to cause unnecessary delay or needless increase in
805the cost of litigation.]
806 (6) (a) The sentencing court shall credit any payment made to a victim as part of a civil
807settlement toward the amount of restitution owed by the defendant to the victim if the
808sentencing court determines that the payment compensates the victim for pecuniary damages
809proximately caused by the defendant's criminal conduct.
810 (b) If a victim receives a payment from the defendant as part of a civil settlement, the
811victim shall provide notice to the sentencing court within 30 days after the day on which the
812victim receives the payment.
813 (7) Nothing in this section shall prevent a defendant from providing proof of payment
814to the court or the office.
815 Section 13. Section 77-38b-304 is amended to read:
816 77-38b-304. Priority of payment disbursement.
817 (1) The court, or the office, shall disburse a payment for restitution within 60 days after
818the day on which the payment is received from the defendant if:
819 (a) the victim has complied with Subsection 77-38b-203(2);
820 (b) if the defendant has tendered a negotiable instrument, funds from the financial
821institution are actually received; [and]
822 (c) the payment to the victim is at least [$5] $25, unless the payment is the final
823payment[.]; and
824 (d) there is no pending legal issue that would affect an order for restitution or the
825distribution of restitution.
826 (2) The court[, or the office,] shall disburse money collected from a defendant for a
827criminal accounts receivable in the following order of priority:
828 (a) first, and except as provided in Subsection (4)(b), to restitution owed by the
829defendant in accordance with Subsection (4);
830 (b) second, to the cost of obtaining a DNA specimen from the defendant as described
831in Subsection (4)(b);
832 (c) third, to any criminal fine or surcharge owed by the defendant;
833 (d) fourth, to the cost owed by the defendant for a reward described in Section H.B. 50 12-20-22 3:01 PM
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83477-32b-104;
835 (e) fifth, to the cost owed by the defendant for medical care, treatment, hospitalization,
836and related transportation paid by a county correctional facility under Section 17-50-319; and
837 (f) sixth, to any other [cost] amount owed by the defendant.
838 (3) Subject to Subsection (5), [the office shall disburse] when the office collects money
839[collected] from a defendant for a criminal accounts receivable, a civil accounts receivable
840[and], or a civil judgment of restitution, the office shall disburse the money in the following
841order of priority:
842 (a) first, to any past due amount owed to the department for the monthly supervision
843fee under Subsection 64-13-21(6)(a);
844 (b) second, and except as provided in Subsection (4)(b), to restitution owed by the
845defendant in accordance with Subsection (4);
846 (c) third, to the cost of obtaining a DNA specimen from the defendant in accordance
847with Subsection (4)(b);
848 (d) fourth, to any criminal fine or surcharge owed by the defendant;
849 (e) fifth, to the cost owed by the defendant for a reward described in Section
85077-32b-104;
851 (f) sixth, to the cost owed by the defendant for medical care, treatment, hospitalization
852and related transportation paid by a county correctional facility under Section 17-50-319; and
853 (g) seventh, to any other [cost] amount owed by the defendant.
854 (4) (a) Subject to Subsection (5), if a defendant owes restitution to more than one
855person or government agency at the same time, the court, or the office, shall disburse a
856payment for restitution in the following order of priority:
857 (i) first, to the victim of the offense;
858 (ii) second, to the Utah Office for Victims of Crime;
859 (iii) third, any other government agency that has provided reimbursement to the victim
860as a result of the defendant's criminal conduct; and
861 (iv) fourth, any insurance company that has provided reimbursement to the victim as a
862result of the defendant's criminal conduct.
863 (b) Subject to Subsection (5), if a defendant is required under Section 53-10-404 to
864reimburse the department for the cost of obtaining the defendant's DNA specimen, the 12-20-22 3:01 PM H.B. 50
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865reimbursement for the cost of obtaining the defendant's DNA specimen is the next priority after
866restitution to the victim of the offense under Subsection (4)(a)(i).
867 (c) Subject to Subsection (5), if the defendant is required to pay restitution to more
868than one victim, [restitution shall be disbursed to each victim according to the percentage of
869each victim's share of the total order for restitution.] the court, or the office, shall disburse a
870payment for restitution in proportion to the principal amount owed to each victim before
871applying the payment to the interest that has accrued on the principal amount owed to each
872victim.
873 (5) The office shall disburse money collected from a defendant to a debt that is a part
874of a civil accounts receivable or civil judgment of restitution if:
875 (a) a defendant has provided a written request to the office to apply the payment to the
876debt; and
877 (b) (i) the payment will eliminate the entire balance of the debt, including any interest;
878or
879 (ii) after reaching a settlement, the payment amount will eliminate the entire agreed
880upon balance of the debt, including any interest.
881 (6) For a criminal accounts receivable, the department shall collect the current and past
882due amount owed by a defendant for the monthly supervision fee under Subsection
88364-13-21(6)(a) until the court enters a civil accounts receivable on the civil judgment docket
884under Section 77-18-114.
885 (7) Notwithstanding any other provision of this section:
886 (a) the office may collect a fee, as described in Subsection 63A-3-502(4), from each
887payment for a criminal accounts receivable, a civil accounts receivable, or a civil judgment of
888restitution before disbursing the payment as described in this section; and
889 (b) the office shall apply any payment collected through garnishment to the case for
890which the garnishment was issued.
891 Section 14. Section 78A-7-118 is amended to read:
892 78A-7-118. Appeals from justice court -- Trial or hearing de novo in district
893court.
894 (1) As used this in this section:
895 (a) "Restitution" means the same as that term is defined in Section 77-38b-102. H.B. 50 12-20-22 3:01 PM
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896 (b) "Victim" means the same as that term is defined in Section 77-38b-102.
897 [(1)] (2) In a criminal case, a defendant is entitled to a trial de novo in the district court
898only if the defendant files a notice of appeal within 28 days [of] after the day on which:
899 (a) [sentencing,] except as provided in Subsection [(4)(b)] (5)(b), the justice court
900sentences the defendant; or
901 (b) the defendant enters a plea of guilty or no contest in the justice court that is held in
902abeyance.
903 [(2)] (3) Upon filing a proper notice of appeal, any term of a sentence imposed by the
904justice court [shall be] is stayed as provided for in Section 77-20-302 and the Utah Rules of
905Criminal Procedure.
906 [(3)] (4) If an appeal under Subsection [(1)] (2) is of a plea entered pursuant to
907negotiation with the prosecutor, and the defendant did not reserve the right to appeal as part of
908the plea negotiation, the negotiation is voided by the appeal.
909 [(4)] (5) A defendant convicted and sentenced in justice court is entitled to a hearing de
910novo in the district court on the following matters[,] if the defendant files a notice of appeal
911within 28 days [of] after the day on which the justice court enters:
912 (a) an order revoking probation;
913 (b) [imposition of a sentence, following ] a sentence after a determination that a
914defendant failed to fulfill the terms of a plea in abeyance agreement;
915 (c) an order denying a motion to withdraw a plea, if the plea is being held in abeyance
916and the motion to withdraw the plea is filed within 28 days of the entry of the plea;
917 (d) a postsentence order [fixing total or court ordered] for restitution; or
918 (e) an order denying expungement.
919 [(5)] (6) [The ] A prosecutor is entitled to a hearing de novo in the district court if [an
920appeal is filed] the prosecutor files a notice of appeal within 28 days [of the court entering]
921after the day on which the justice court enters:
922 (a) a final judgment of dismissal;
923 (b) an order arresting judgment;
924 (c) an order terminating the prosecution because of a finding of double jeopardy or
925denial of a speedy trial;
926 (d) a judgment holding invalid any part of a statute or ordinance; 12-20-22 3:01 PM H.B. 50
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927 (e) a pretrial order excluding evidence[,] when the prosecutor certifies that exclusion of
928that evidence prevents continued prosecution of an infraction or class C misdemeanor;
929 (f) a pretrial order excluding evidence[,] when the prosecutor certifies that exclusion of
930that evidence impairs continued prosecution of a class B misdemeanor;
931 (g) an order granting a motion to withdraw a plea of guilty or no contest; or
932 [(h) an order fixing total restitution at an amount less than requested by a crime victim;
933or]
934 [(i)] (h) an order granting an expungement[,] if the expungement was opposed by the
935prosecution or a victim before the order was entered.
936 (7) A prosecutor or a victim is entitled to a restitution hearing de novo in the district
937court if:
938 (a) the prosecutor or victim made a request for restitution and the justice court:
939 (i) fails to order the defendant to pay restitution to the victim; or
940 (ii) orders the defendant to pay restitution in an amount less than requested by the
941prosecutor or victim; and
942 (b) the prosecutor or the victim files a notice of appeal within 28 days after the day on
943which:
944 (i) the justice court sentences the defendant and fails to order the defendant to pay
945restitution;
946 (ii) the justice court holds a restitution hearing and fails to order the defendant to pay
947restitution;
948 (iii) the defendant enters a plea of guilty or no contest in the justice court that is held in
949abeyance and the justice court fails to order the defendant to pay restitution as a condition of
950the plea in abeyance; or
951 (iv) the justice court orders the defendant to pay restitution in an amount less than
952requested by the prosecutor or victim.
953 [(6)] (8) Upon entering a decision in a hearing de novo, the district court shall remand
954the case to the justice court unless:
955 (a) the decision results in immediate dismissal of the case; or
956 (b) the hearing de novo was on a pretrial order and the parties and the district court
957agree to have the district court retain jurisdiction. H.B. 50 12-20-22 3:01 PM
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958 [(7)] (9) The district court shall retain jurisdiction over the case on trial de novo.
959 [(8)] (10) The decision of the district court is final and may not be appealed unless the
960district court rules on the constitutionality of a statute or ordinance.