2nd Sub. H.B. 50
LEGISLATIVE GENERAL COUNSEL
6 Approved for Filing: J. Carlton 6
6 01-23-23 12:06 PM 6
H.B. 50
2nd Sub. (Gray)
Representative Karianne Lisonbee proposes the following substitute bill:
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
8General Description:
9 This bill amends provisions regarding financial obligations owed by a defendant as a
10result of a criminal sentence.
11Highlighted Provisions:
12 This bill:
13 <defines terms;
14 <clarifies the duties of the Office of State Debt Collection in regards to the settlement
15of an accounts receivable with a restitution amount;
16 <addresses fees and interest for an infraction;
17 <addresses restitution for a plea in abeyance;
18 <addresses a criminal accounts receivable in regards to probation;
19 <addresses a payment towards a civil judgment of restitution;
20 <amends provisions regarding the collection of information for restitution;
21 <amends provisions regarding an order for restitution;
22 <clarifies the effect and nature of a civil judgment of restitution and a civil accounts
23receivable;
24 <addresses a civil action or settlement for a defendant's criminal conduct;
25 <amends provisions regarding the disbursement of payments towards a criminal
*HB0050S02* 2nd Sub. (Gray) H.B. 50 01-23-23 12:06 PM
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26accounts receivable, a civil accounts receivable, and a civil judgment of restitution;
27 <amends provisions regarding an appeal from a justice court to a district court; and
28 <makes technical and conforming changes.
29Money Appropriated in this Bill:
30 None
31Other Special Clauses:
32 None
33Utah Code Sections Affected:
34AMENDS:
35 63A-3-502, as last amended by Laws of Utah 2022, Chapter 323
36 76-3-301, as last amended by Laws of Utah 2019, Chapter 291
37 77-2a-1, as last amended by Laws of Utah 2021, Chapter 260
38 77-2a-3, as last amended by Laws of Utah 2022, Chapter 116
39 77-18-108, as last amended by Laws of Utah 2022, Chapter 115
40 77-18-114, as last amended by Laws of Utah 2022, Chapters 323, 359
41 77-20-302, as renumbered and amended by Laws of Utah 2021, Second Special
42Session, Chapter 4
43 77-38b-102, as last amended by Laws of Utah 2022, Chapter 359
44 77-38b-201, as enacted by Laws of Utah 2021, Chapter 260
45 77-38b-205, as enacted by Laws of Utah 2021, Chapter 260
46 77-38b-301, as enacted by Laws of Utah 2021, Chapter 260
47 77-38b-303, as last amended by Laws of Utah 2022, Chapter 359
48 77-38b-304, as last amended by Laws of Utah 2022, Chapter 323
49 78A-7-118, as last amended by Laws of Utah 2021, Second Special Session, Chapter 4
50
51Be it enacted by the Legislature of the state of Utah:
52 Section 1. Section 63A-3-502 is amended to read:
53 63A-3-502. Office of State Debt Collection created -- Duties.
54 (1) The state and each state agency shall comply with:
55 (a) the requirements of this chapter; and
56 (b) any rules established by the Office of State Debt Collection. 01-23-23 12:06 PM 2nd Sub. (Gray) H.B. 50
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57 (2) There is created the Office of State Debt Collection in the Division of Finance.
58 (3) The office shall:
59 (a) have overall responsibility for collecting and managing state receivables;
60 (b) assist the Division of Finance to develop consistent policies governing the
61collection and management of state receivables;
62 (c) oversee and monitor state receivables to ensure that state agencies are:
63 (i) implementing all appropriate collection methods;
64 (ii) following established receivables guidelines; and
65 (iii) accounting for and reporting receivables in the appropriate manner;
66 (d) assist the Division of Finance to develop policies, procedures, and guidelines for
67accounting, reporting, and collecting money owed to the state;
68 (e) provide information, training, and technical assistance to each state agency on
69various collection-related topics;
70 (f) write an inclusive receivables management and collection manual for use by each
71state agency;
72 (g) prepare quarterly and annual reports of the state's receivables;
73 (h) create or coordinate a state accounts receivable database;
74 (i) develop reasonable criteria to gauge state agencies' efforts in maintaining an
75effective accounts receivable program;
76 (j) identify any state agency that is not making satisfactory progress toward
77implementing collection techniques and improving accounts receivable collections;
78 (k) coordinate information, systems, and procedures between each state agency to
79maximize the collection of past-due accounts receivable;
80 (l) establish an automated cash receipt process between each state agency;
81 (m) assist the Division of Finance to establish procedures for writing off accounts
82receivable for accounting and collection purposes;
83 (n) establish standard time limits after which an agency will delegate responsibility to
84collect state receivables to the office or the office's designee;
85 (o) be a real party in interest for:
86 (i) an account receivable referred to the office by any state agency; and
87 (ii) a civil judgment of restitution entered on a civil judgment docket by a court; 2nd Sub. (Gray) H.B. 50 01-23-23 12:06 PM
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88 (p) allocate money collected for a judgment entered on the civil judgment docket under
89Section 77-18-114 in accordance with Sections 51-9-402, 63A-3-506, and 78A-5-110;
90 (q) if a criminal accounts receivable is transferred to the office under Subsection
9177-32b-103(2)(a)(ii), receive, process, and distribute payments for the criminal accounts
92receivable;
93 (r) provide a debtor online access to the debtor's accounts receivable or criminal
94accounts receivable in accordance with Section 63A-3-502.5;
95 (s) establish a written policy for each of the following:
96 (i) the settling of an accounts receivable, including [that a restitution amount may be
97settled] any amount of restitution owed to a victim in a civil judgment of restitution if the
98victim approves of the settlement;
99 (ii) allowing a debtor to pay off a single debt as part of an accounts receivable even if
100the debtor has a balance on another debt as part of an accounts receivable or criminal accounts
101receivable;
102 (iii) setting a payment deadline for settlement agreements and for obtaining an
103extension of a settlement agreement deadline; and
104 (iv) reducing administrative costs when a settlement has been reached;
105 (t) consult with a state agency on whether:
106 (i) the office may agree to a settlement for an amount that is less than the debtor's
107principal amount; and
108 (ii) the state agency may retain authority to negotiate a settlement with a debtor; and
109 (u) provide the terms and conditions of any payment arrangement that the debtor has
110made with a state agency or the office when:
111 (i) the payment arrangement is created; or
112 (ii) the debtor requests a copy of the terms and conditions.
113 (4) The office may:
114 (a) recommend to the Legislature new laws to enhance collection of past-due accounts
115by state agencies;
116 (b) collect accounts receivables for higher education entities, if the higher education
117entity agrees;
118 (c) prepare a request for proposal for consulting services to: 01-23-23 12:06 PM 2nd Sub. (Gray) H.B. 50
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119 (i) analyze the state's receivable management and collection efforts; and
120 (ii) identify improvements needed to further enhance the state's effectiveness in
121collecting the state's receivables;
122 (d) contract with private or state agencies to collect past-due accounts;
123 (e) perform other appropriate and cost-effective coordinating work directly related to
124collection of state receivables;
125 (f) obtain access to records and databases of any state agency that are necessary to the
126duties of the office by following the procedures and requirements of Section 63G-2-206,
127including the financial declaration form described in Section 77-38b-204;
128 (g) collect interest and fees related to the collection of receivables under this chapter,
129and establish, by following the procedures and requirements of Section 63J-1-504:
130 (i) a fee to cover the administrative costs of collection on accounts administered by the
131office;
132 (ii) a late penalty fee that may not be more than 10% of the account receivable on
133accounts administered by the office;
134 (iii) an interest charge that is:
135 (A) the postjudgment interest rate established by Section 15-1-4 in judgments
136established by the courts; or
137 (B) not more than 2% above the prime rate as of July 1 of each fiscal year for accounts
138receivable for which no court judgment has been entered; and
139 (iv) fees to collect accounts receivable for higher education;
140 (h) collect reasonable attorney fees and reasonable costs of collection that are related to
141the collection of receivables under this chapter;
142 (i) make rules that allow accounts receivable to be collected over a reasonable period
143of time and under certain conditions with credit cards;
144 (j) for a case that is referred to the office or in which the office is a judgment creditor,
145file a motion or other document related to the office or the accounts receivable in that case,
146including a satisfaction of judgment, in accordance with the Utah Rules of Civil Procedure;
147 (k) ensure that judgments for which the office is the judgment creditor are renewed, as
148necessary;
149 (l) notwithstanding Section 63G-2-206, share records obtained under Subsection (4)(f) 2nd Sub. (Gray) H.B. 50 01-23-23 12:06 PM
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150with private sector vendors under contract with the state to assist state agencies in collecting
151debts owed to the state agencies without changing the classification of any private, controlled,
152or protected record into a public record;
153 (m) enter into written agreements with other governmental agencies to obtain and share
154information for the purpose of collecting state accounts receivable; and
155 (n) collect accounts receivable for a political subdivision of the state if the political
156subdivision enters into an agreement or contract with the office under Title 11, Chapter 13,
157Interlocal Cooperation Act, for the office to collect the political subdivision's accounts
158receivable.
159 (5) The office shall ensure that:
160 (a) a record obtained by the office or a private sector vendor under Subsection (4)(l):
161 (i) is used only for the limited purpose of collecting accounts receivable; and
162 (ii) is subject to federal, state, and local agency records restrictions; and
163 (b) any individual employed by, or formerly employed by, the office or a private sector
164vendor as referred to in Subsection (4)(l) is subject to:
165 (i) the same duty of confidentiality with respect to the record imposed by law on
166officers and employees of the state agency from which the record was obtained; and
167 (ii) any civil or criminal penalties imposed by law for violations of lawful access to a
168private, controlled, or protected record.
169 (6) (a) The office shall collect a civil accounts receivable or a civil judgment of
170restitution ordered by a court as a result of prosecution for a criminal offense that have been
171transferred to the office under Subsection 77-18-114(1) or (2).
172 (b) The office may not assess:
173 (i) the interest charge established by the office under Subsection (4) on an account
174receivable subject to the postjudgment interest rate established by Section 15-1-4; and
175 (ii) an interest charge on a criminal accounts receivable that is transferred to the office
176under Subsection 77-32b-103(2)(a)(ii).
177 (7) The office shall require a state agency to:
178 (a) transfer collection responsibilities to the office or the office's designee according to
179time limits established by the office;
180 (b) make annual progress towards implementing collection techniques and improved 01-23-23 12:06 PM 2nd Sub. (Gray) H.B. 50
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181accounts receivable collections;
182 (c) use the state's accounts receivable system or develop systems that are adequate to
183properly account for and report the state's receivables;
184 (d) develop and implement internal policies and procedures that comply with the
185collections policies and guidelines established by the office;
186 (e) provide internal accounts receivable training to staff involved in the management
187and collection of receivables as a supplement to statewide training;
188 (f) bill for and make initial collection efforts of the state agency's receivables up to the
189time the accounts must be transferred; and
190 (g) submit quarterly receivable reports to the office that identify the age, collection
191status, and funding source of each receivable.
192 (8) All interest, fees, and other amounts authorized to be collected by the office under
193Subsection (4)(g):
194 (a) are penalties that may be charged by the office;
195 (b) do not require an order from a court for the office to assess or collect;
196 (c) are not compensation for actual pecuniary loss;
197 (d) for a civil accounts receivable:
198 (i) begin to accrue on the day on which the civil accounts receivable is entered on the
199civil judgment docket under Subsection 77-18-114(1) or (2); and
200 (ii) may be collected as part of the civil accounts receivable;
201 (e) for a civil judgment of restitution:
202 (i) begin to accrue on the day on which the civil judgment of restitution is entered on
203the civil judgment docket under Subsection 77-18-114(1); and
204 (ii) may be collected as part of the civil judgment of restitution;
205 (f) for all other accounts receivable:
206 (i) begin to accrue on the day on which the accounts receivable is transferred to the
207office, even if there is no court order on the day on which the accounts receivable is
208transferred; and
209 (ii) may be collected as part of the accounts receivable; and
210 (g) may be waived by:
211 (i) the office; or 2nd Sub. (Gray) H.B. 50 01-23-23 12:06 PM
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212 (ii) if the interest, fee, or other amount is charged in error, the court.
213 Section 2. Section 76-3-301 is amended to read:
214 76-3-301. Fines of individuals.
215 (1) An individual convicted of an offense may be sentenced to pay a fine, not
216exceeding:
217 (a) $10,000 for a felony conviction of the first degree or second degree;
218 (b) $5,000 for a felony conviction of the third degree;
219 (c) $2,500 for a class A misdemeanor conviction;
220 (d) $1,000 for a class B misdemeanor conviction;
221 (e) $750 for a class C misdemeanor conviction or infraction conviction; and
222 (f) any greater amounts specifically authorized by statute.
223 (2) (a) An individual convicted of a misdemeanor or infraction and sentenced to pay a
224fine may not be charged by a court:
225 (i) notwithstanding Section 15-1-4, interest on the judgment that in the aggregate is
226more than 25% of the initial fine; or
227 (ii) that issues an order to show cause under Section 78B-6-317 for failure to pay the
228fine, interest that is more than 25% of the initial fine.
229 (b) An individual convicted only of an infraction and sentenced to pay a fine may not
230be charged:
231 (i) by the Office of State Debt Collection, late fees and interest that in the aggregate are
232more than 25% of the initial fine; or
233 (ii) by a third-party debt contractor of the Office of State Debt Collection, additional
234fees.
235 (3) Subsection (2) does not apply to a case that includes:
236 (a) victim restitution; or
237 (b) a felony conviction, even if that felony conviction is later reduced.
238 (4) This section does not apply to a corporation, association, partnership, government,
239or governmental instrumentality.
240 Section 3. Section 77-2a-1 is amended to read:
241 77-2a-1. Definitions.
242 As used in this chapter: 01-23-23 12:06 PM 2nd Sub. (Gray) H.B. 50
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243 (1) "Criminal conduct" means the same as that term is defined in Section 77-38b-102.
244 [(1)] (2) "Pecuniary damages" means the same as that term is defined in Section
24577-38b-102.
246 [(2)] (3) "Plea in abeyance" means an order by a court, upon motion of the prosecuting
247attorney and the defendant, accepting a plea of guilty or of no contest from the defendant but
248not, at that time, entering judgment of conviction against the defendant nor imposing sentence
249upon the defendant on condition that the defendant comply with specific conditions as set forth
250in a plea in abeyance agreement.
251 [(3)] (4) "Plea in abeyance agreement" means an agreement entered into between the
252prosecuting attorney and the defendant setting forth the specific terms and conditions upon
253which, following acceptance of the agreement by the court, a plea may be held in abeyance.
254 [(4)] (5) "Restitution" means the same as that term is defined in Section 77-38b-102.
255 (6) "Victim" means the same as that term is defined in Section 77-38b-102.
256 Section 4. Section 77-2a-3 is amended to read:
257 77-2a-3. Manner of entry of plea -- Powers of court.
258 (1) (a) Acceptance of any plea in anticipation of a plea in abeyance agreement shall be
259done in full compliance with the Utah Rules of Criminal Procedure, Rule 11.
260 (b) In cases charging offenses for which bail may be forfeited, a plea in abeyance
261agreement may be entered into without a personal appearance before a magistrate.
262 (2) A plea in abeyance agreement may provide that the court may, upon finding that the
263defendant has successfully completed the terms of the agreement:
264 (a) reduce the degree of the offense and enter judgment of conviction and impose
265sentence for a lower degree of offense; or
266 (b) allow withdrawal of defendant's plea and order the dismissal of the case.
267 (3) (a) Upon finding that a defendant has successfully completed the terms of a plea in
268abeyance agreement, the court may reduce the degree of the offense or dismiss the case only as
269provided in the plea in abeyance agreement or as agreed to by all parties.
270 (b) Upon sentencing a defendant for any lesser offense in accordance with a plea in
271abeyance agreement, the court may not invoke Section 76-3-402 to further reduce the degree of
272the offense.
273 (4) The court may require the Department of Corrections to assist in the administration 2nd Sub. (Gray) H.B. 50 01-23-23 12:06 PM
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274of the plea in abeyance agreement as if the defendant were on probation to the court under
275Section 77-18-105.
276 (5) The terms of a plea in abeyance agreement may include:
277 (a) an order that the defendant pay a nonrefundable plea in abeyance fee, with a
278surcharge based on the amount of the plea in abeyance fee, both of which shall be allocated in
279the same manner as if paid as a fine for a criminal conviction under Section 78A-5-110 and a
280surcharge under Title 51, Chapter 9, Part 4, Criminal Conviction Surcharge Allocation, and
281which may not exceed in amount the maximum fine and surcharge which could have been
282imposed upon conviction and sentencing for the same offense;
283 (b) an order that the defendant pay the costs of any remedial or rehabilitative program
284required by the terms of the agreement; and
285 (c) an order that the defendant comply with any other conditions that could have been
286imposed as conditions of probation upon conviction and sentencing for the same offense.
287 [(6) (a) The terms of a plea in abeyance shall include an order for a specific amount of
288restitution that the defendant will pay, as agreed to by the defendant and the prosecuting
289attorney, unless the prosecuting attorney certifies that:]
290 [(i) the prosecuting attorney has consulted with all victims, including the Utah Office
291for Victims of Crime; and]
292 [(ii) the defendant does not owe any restitution.]
293 (6) [(b)] (a) The terms of a plea in abeyance shall include:
294 (i) a specific amount of restitution that the defendant will pay, as agreed to by the
295defendant and the prosecuting attorney;
296 (ii) a certification from the prosecuting attorney that:
297 (A) the prosecuting attorney has consulted with all victims, including the Utah Office
298for Victims of Crime; and
299 (B) all victims, including the Utah Office for Victims of Crime, are not seeking
300restitution; or
301 (iii) an agreement between the parties that restitution will be determined by the court at
302a subsequent hearing in accordance with Section 77-38b-205.
303 (b) At a subsequent hearing described in Subsection (6)(a)(iii), the court shall order the
304defendant, as a modified term of the plea in abeyance, to pay restitution to all victims for the 01-23-23 12:06 PM 2nd Sub. (Gray) H.B. 50
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305entire amount of pecuniary damages that are proximately caused by the criminal conduct of the
306defendant.
307 (c) The court shall collect, receive, process, and distribute payments for restitution to
308the victim, unless otherwise provided by law or by the plea in abeyance agreement.
309 [(c)] (d) If the defendant does not successfully complete the terms of the plea in
310abeyance, the court shall enter an order for restitution, in accordance with Title 77, Chapter
31138b, Crime Victims Restitution Act, upon entering a sentence for the defendant.
312 (7) (a) A court may not hold a plea in abeyance without the consent of both the
313prosecuting attorney and the defendant.
314 (b) A decision by a prosecuting attorney not to agree to a plea in abeyance is final.
315 (8) No plea may be held in abeyance in any case involving:
316 (a) a sexual offense against [a victim] an individual who is under 14 years old; or
317 (b) a driving under the influence violation under Section 41-6a-502, 41-6a-502.5,
31841-6a-517, 41-6a-520, 76-5-102.1, or 76-5-207.
319 Section 5. Section 77-18-108 is amended to read:
320 77-18-108. Termination, revocation, modification, or extension of probation --
321Violation of probation -- Hearing on violation.
322 (1) (a) The department shall [notify the court and the prosecuting attorney, in writing]
323send a written notice to the court:
324 (i) when the department is [requesting] recommending termination of supervision for a
325defendant; or
326 (ii) before a defendant's supervision will be terminated by law.
327 (b) The [notification] written notice under this Subsection (1) shall include:
328 (i) a probation progress report[.]; and
329 (ii) if the department is responsible for the collection of the defendant's criminal
330accounts receivable, a summary of the criminal accounts receivable, including the amount of
331restitution ordered and the amount of restitution that has been paid.
332 (c) (i) Upon receipt of the written notice under Subsection (1)(a), the court shall:
333 (A) file the written notice on the docket; and
334 (B) provide notice to all parties in the criminal case.
335 (ii) A party shall have a reasonable opportunity to respond to the written notice under 2nd Sub. (Gray) H.B. 50 01-23-23 12:06 PM
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336Subsection (1)(a).
337 [(c)] (d) If a defendant's probation is being terminated, and the defendant's criminal
338accounts receivable has an unpaid balance or there is any outstanding debt with the department,
339the department shall [notify] send a written notice to the Office of State Debt Collection [that
340the defendant's criminal accounts receivable has an unpaid balance or there is an outstanding
341debt with the department.] with a summary of the defendant's criminal accounts receivable,
342including the amount of restitution ordered and the amount of restitution that has been paid.
343 (2) (a) The court may modify the defendant's probation in accordance with the
344supervision length guidelines and the graduated and evidence-based responses and graduated
345incentives developed by the Utah Sentencing Commission under Section 63M-7-404.
346 (b) The court may not:
347 (i) extend the length of a defendant's probation, except upon:
348 (A) waiver of a hearing by the defendant; or
349 (B) a hearing and a finding by the court that the defendant has violated the terms of
350probation;
351 (ii) revoke a defendant's probation, except upon a hearing and a finding by the court
352that the terms of probation have been violated; or
353 (iii) terminate a defendant's probation before expiration of the probation period until
354the court:
355 (A) reviews the docket to determine whether the defendant owes a balance on the
356defendant's criminal accounts receivable; and
357 (B) enters a finding of whether the defendant owes restitution under Section
35877-38b-205.
359 (c) The court may find under Subsection (2)(b)(iii)(B) that the defendant does not owe
360restitution if no request for restitution has been filed with the court.
361 (3) (a) Upon the filing of an affidavit, or an unsworn written declaration executed in
362substantial compliance with Title 78B, Chapter 18a, Uniform Unsworn Declarations Act,
363alleging with particularity facts asserted to constitute violation of the terms of a defendant's
364probation, the court shall determine if the affidavit or unsworn written declaration establishes
365probable cause to believe that revocation, modification, or extension of the defendant's
366probation is justified. 01-23-23 12:06 PM 2nd Sub. (Gray) H.B. 50
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367 (b) (i) If the court determines there is probable cause, the court shall order that the
368defendant be served with:
369 (A) a warrant for the defendant's arrest or a copy of the affidavit or unsworn written
370declaration; and
371 (B) an order to show cause as to why the defendant's probation should not be revoked,
372modified, or extended.
373 (ii) The order under Subsection (3)(b)(i)(B) shall:
374 (A) be served upon the defendant at least five days before the day on which the hearing
375is held;
376 (B) specify the time and place of the hearing; and
377 (C) inform the defendant of the right to be represented by counsel at the hearing, the
378right to have counsel appointed if the defendant is indigent, and the right to present evidence at
379the hearing.
380 (iii) The defendant shall show good cause for a continuance of the hearing.
381 (c) At the hearing, the defendant shall admit or deny the allegations of the affidavit or
382unsworn written declaration.
383 (d) (i) If the defendant denies the allegations of the affidavit or unsworn written
384declaration, the prosecuting attorney shall present evidence on the allegations.
385 (ii) If the affidavit, or unsworn written declaration, alleges that a defendant is
386delinquent, or in default, on a criminal accounts receivable, the prosecuting attorney shall
387present evidence to establish, by a preponderance of the evidence, that the defendant:
388 (A) was aware of the defendant's obligation to pay the balance of the criminal accounts
389receivable;
390 (B) failed to pay on the balance of the criminal accounts receivable as ordered by the
391court; and
392 (C) had the ability to make a payment on the balance of the criminal accounts
393receivable if the defendant opposes an order to show cause, in writing, and presents evidence
394that the defendant was unable to make a payment on the balance of the criminal accounts
395receivable.
396 (e) The persons who have given adverse information on which the allegations are
397based shall be presented as witnesses subject to questioning by the defendant, unless the court 2nd Sub. (Gray) H.B. 50 01-23-23 12:06 PM
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398for good cause otherwise orders.
399 (f) At the hearing, the defendant may:
400 (i) call witnesses;
401 (ii) appear and speak in the defendant's own behalf; and
402 (iii) present evidence.
403 (g) (i) After the hearing, the court shall make findings of fact.
404 (ii) Upon a finding that the defendant violated the terms of the defendant's probation,
405the court may order the defendant's probation terminated, revoked, modified, continued, or
406reinstated for all or a portion of the original term of probation.
407 (4) (a) (i) Except as provided in Subsection 77-18-105(7), the court may not require a
408defendant to remain on probation for a period of time that exceeds the length of the defendant's
409maximum sentence.
410 (ii) Except as provided in Subsection 77-18-105(7), if a defendant's probation is
411revoked and later reinstated, the total time of all periods of probation that the defendant serves,
412in relation to the same sentence, may not exceed the defendant's maximum sentence.
413 (b) If the court orders a sanction for a defendant who violated terms of probation, the
414court may:
415 (i) order a period of incarceration that is consistent with the guidelines established by
416the Utah Sentencing Commission in accordance with Subsection 63M-7-404(4);
417 (ii) order a period of incarceration that deviates from the guidelines with an
418explanation for the deviation on the record;
419 (iii) order treatment services that are immediately available in the community for a
420defendant that needs substance abuse or mental health treatment, as determined by a screening
421and assessment;
422 (iv) execute the sentence previously imposed; or
423 (v) order any other appropriate sanction.
424 (c) If the defendant had, before the imposition of a term of incarceration or the
425execution of the previously imposed sentence under this section, served time in jail as a term of
426probation or due to a violation of probation, the time that the defendant served in jail
427constitutes service of time toward the sentence previously imposed.
428 (5) (a) Any time served by a defendant: 01-23-23 12:06 PM 2nd Sub. (Gray) H.B. 50
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429 (i) outside of confinement after having been charged with a probation violation, and
430before a hearing to revoke probation, does not constitute service of time toward the total
431probation term, unless the defendant is exonerated at a hearing to revoke the defendant's
432probation;
433 (ii) in confinement awaiting a hearing or a decision concerning revocation of the
434defendant's probation does not constitute service of time toward the total probation term, unless
435the defendant is exonerated at the hearing to revoke probation; or
436 (iii) in confinement awaiting a hearing or a decision concerning revocation of the
437defendant's probation constitutes service of time toward a term of incarceration imposed as a
438result of the revocation of probation or a graduated and evidence-based response imposed
439under the guidelines established by the Utah Sentencing Commission in accordance with
440Section 63M-7-404.
441 (b) The running of the probation period is tolled upon:
442 (i) the filing of a report with the court alleging a violation of the terms of the
443defendant's probation; or
444 (ii) the issuance of an order or a warrant under Subsection (3).
445 Section 6. Section 77-18-114 is amended to read:
446 77-18-114. Unpaid balance at termination of sentence -- Past due account --
447Notice -- Account or judgment paid in full -- Effect of civil accounts receivable and civil
448judgment of restitution.
449 (1) When a defendant's sentence is terminated by law or by the decision of the court or
450the board:
451 (a) the board shall provide an accounting of the unpaid balance of the defendant's
452criminal accounts receivable to the court if the defendant was on parole or incarcerated at the
453time of termination; and
454 (b) except as provided in Subsection 77-18-118(1)(g), within 90 days after the day on
455which a defendant's sentence is terminated, the court shall:
456 (i) enter an order for a civil accounts receivable and a civil judgment of restitution for a
457defendant on the civil judgment docket;
458 (ii) transfer the responsibility of collecting the civil accounts receivable and the civil
459judgment of restitution to the Office of State Debt Collection; and 2nd Sub. (Gray) H.B. 50 01-23-23 12:06 PM
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460 (iii) identify in the order under this Subsection (1):
461 (A) the Office of State Debt Collection as a judgment creditor for the civil accounts
462receivable and the civil judgment of restitution; and
463 (B) the victim as a judgment creditor for the civil judgment of restitution.
464 (2) If a criminal accounts receivable for the defendant is more than 90 days past due
465and the court has ordered that a defendant does not owe restitution to any victim, or the time
466period in Subsection 77-38b-205(5) has passed and the court has not ordered restitution, the
467court may:
468 (a) enter an order for a civil accounts receivable for the defendant on the civil judgment
469docket;
470 (b) identify, in the order under Subsection (2)(a), the Office of State Debt Collection as
471a judgment creditor for the civil accounts receivable; and
472 (c) transfer the responsibility of collecting the civil accounts receivable to the Office of
473State Debt Collection.
474 (3) An order for a criminal accounts receivable is no longer in effect after the court
475enters an order for a civil accounts receivable or a civil judgment of restitution under
476Subsection (1) or (2).
477 (4) The court shall provide notice to the Office of State Debt Collection and the
478prosecuting attorney of any hearing that affects an order for the civil accounts receivable or the
479civil judgment of restitution.
480 (5) The Office of State Debt Collection shall notify the court when a civil judgment of
481restitution or a civil accounts receivable is satisfied.
482 (6) When a fine, forfeiture, surcharge, cost, or fee is recorded in an order for a civil
483accounts receivable on the civil judgment docket, or when restitution is recorded as an order
484for a civil judgment of restitution on the civil judgment docket, the order:
485 (a) constitutes a lien on the defendant's real property until the judgment is satisfied; and
486 (b) may be collected by any means authorized by law for the collection of a civil
487judgment.
488 (7) A criminal accounts receivable, a civil accounts receivable, and a civil judgment of
489restitution are not subject to the civil statutes of limitation and expire only upon payment in
490full. 01-23-23 12:06 PM 2nd Sub. (Gray) H.B. 50
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491 (8) (a) If a defendant asserts that a payment was made to a victim or third party for a
492civil judgment of restitution, or enters into any other transaction that does not involve the
493Office of State Debt Collection, and the defendant asserts that the payment results in a credit
494towards the civil judgment of restitution for the defendant:
495 (i) the defendant shall provide notice to the Office of State Debt Collection and the
496prosecuting attorney within 30 days after the day on which the payment or other transaction is
497made; and
498 (ii) the payment may only be credited towards [the principal of] the civil judgment of
499restitution and does not affect any other amount owed to the Office of State Debt Collection
500under Section 63A-3-502.
501 (b) Nothing in this Subsection (8) shall be construed to prevent a victim or a third party
502from providing notice of a payment towards a civil judgment of restitution to the Office of
503State Debt Collection.
504 Section 7. Section 77-20-302 is amended to read:
505 77-20-302. Grounds for detaining defendant while appealing the defendant's
506conviction -- Conditions for release while on appeal.
507 (1) The court shall order that a defendant who has been found guilty of an offense in a
508court of record and sentenced to a term of imprisonment in jail or prison, and who has filed an
509appeal or a petition for a writ of certiorari, be detained, unless the court finds:
510 (a) the appeal raises a substantial question of law or fact likely to result in:
511 (i) reversal;
512 (ii) an order for a new trial; or
513 (iii) a sentence that does not include a term of imprisonment in jail or prison;
514 (b) the appeal is not for the purpose of delay; and
515 (c) by clear and convincing evidence presented by the defendant, that the defendant:
516 (i) is not likely to flee the jurisdiction of the court if released; and
517 (ii) will not pose a danger to the physical, psychological, or financial and economic
518safety or well-being of any other person or the community if released.
519 (2) (a) If the court makes a finding under Subsection (1) that justifies not detaining the
520defendant, the court shall order the release of the defendant, subject to only conditions of
521release that are reasonably available and necessary to reasonably ensure the appearance of the 2nd Sub. (Gray) H.B. 50 01-23-23 12:06 PM
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522defendant as required and the safety of any other individual, property, and the community.
523 (b) The conditions under Subsection (2)(a) may include conditions described in
524Subsection 77-20-205(4).
525 (c) The court may, in the court's discretion, amend an order granting release to impose
526additional or different conditions of release.
527 (3) If the defendant is found guilty of an offense in a court not of record and files a
528timely notice of appeal in accordance with Subsection [78A-7-118(1)] 78A-7-118(2) for a trial
529de novo, the court shall stay all terms of a sentence, unless at the time of sentencing the judge
530finds by a preponderance of the evidence that the defendant poses a danger to another person or
531the community.
532 (4) If a stay is ordered, the court may order postconviction restrictions on the
533defendant's conduct as appropriate, including:
534 (a) continuation of any pretrial restrictions or orders;
535 (b) sentencing protective orders under Section 78B-7-804;
536 (c) drug and alcohol use;
537 (d) use of an ignition interlock; and
538 (e) posting appropriate monetary bail.
539 (5) The provisions of Subsections (3) and (4) do not apply to convictions for an offense
540under Title 41, Chapter 6a, Part 5, Driving Under the Influence and Reckless Driving.
541 (6) Any stay authorized by Subsection (3) is lifted upon the dismissal of the appeal by
542the district court.
543 Section 8. Section 77-38b-102 is amended to read:
544 77-38b-102. Definitions.
545 As used in this chapter:
546 (1) "Civil accounts receivable" means the same as that term is defined in Section
54777-32b-102.
548 (2) "Civil judgment of restitution" means the same as that term is defined in Section
54977-32b-102.
550 (3) (a) "Conviction" means:
551 (i) a plea of:
552 (A) guilty; 01-23-23 12:06 PM 2nd Sub. (Gray) H.B. 50
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553 (B) guilty with a mental illness; or
554 (C) no contest; or
555 (ii) a judgment of:
556 (A) guilty; or
557 (B) guilty with a mental illness.
558 (b) "Conviction" does not include:
559 (i) a plea in abeyance until a conviction is entered for the plea in abeyance;
560 (ii) a diversion agreement; or
561 (iii) an adjudication of a minor for an offense under Section 80-6-701.
562 (4) "Criminal accounts receivable" means the same as that term is defined in Section
56377-32b-102.
564 (5) "Criminal conduct" means:
565 (a) any misdemeanor or felony offense of which the defendant is convicted; or
566 (b) any other criminal behavior for which the defendant admits responsibility to the
567[sentencing] court with or without an admission of committing the criminal behavior.
568 (6) (a) "Defendant" means an individual who has been convicted of, or entered into a
569plea disposition for, criminal conduct.
570 (b) "Defendant" does not include a minor, as defined in Section 80-1-102, who is
571adjudicated, or enters into a nonjudicial adjustment, for any offense under Title 80, Chapter 6,
572Juvenile Justice.
573 (7) "Department" means the Department of Corrections.
574 (8) "Diversion agreement" means an agreement entered into by the prosecuting
575attorney and the defendant that suspends criminal proceedings before conviction on the
576condition that a defendant agree to participate in a rehabilitation program, pay restitution to the
577victim, or fulfill some other condition.
578 (9) "Office" means the Office of State Debt Collection created in Section 63A-3-502.
579 [(10) "Party" means the prosecuting attorney, the defendant, or the department
580involved in a prosecution.]
581 [(11)] (10) "Payment schedule" means the same as that term is defined in Section
58277-32b-102.
583 [(12)] (11) (a) "Pecuniary damages" means all demonstrable economic injury, losses, 2nd Sub. (Gray) H.B. 50 01-23-23 12:06 PM
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584and expenses regardless of whether the economic injury, losses, and expenses have yet been
585incurred.
586 (b) "Pecuniary damages" does not include punitive damages or pain and suffering
587damages.
588 [(13)] (12) "Plea agreement" means an agreement entered between the prosecuting
589attorney and the defendant setting forth the special terms and conditions and criminal charges
590upon which the defendant will enter a plea of guilty or no contest.
591 [(14)] (13) "Plea disposition" means an agreement entered into between the
592prosecuting attorney and the defendant including a diversion agreement, a plea agreement, a
593plea in abeyance agreement, or any agreement by which the defendant may enter a plea in any
594other jurisdiction or where charges are dismissed without a plea.
595 [(15)] (14) "Plea in abeyance" means an order by a court, upon motion of the
596prosecuting attorney and the defendant, accepting a plea of guilty or of no contest from the
597defendant but not, at that time, entering judgment of conviction against the defendant nor
598imposing sentence upon the defendant on condition that the defendant comply with specific
599conditions as set forth in a plea in abeyance agreement.
600 [(16)] (15) "Plea in abeyance agreement" means an agreement entered into between the
601prosecuting attorney and the defendant setting forth the specific terms and conditions upon
602which, following acceptance of the agreement by the court, a plea may be held in abeyance.
603 [(17)] (16) "Restitution" means the payment of pecuniary damages to a victim.
604 [(18)] (17) (a) "Victim" means any person who has suffered pecuniary damages that are
605proximately caused by the criminal conduct of the defendant.
606 (b) "Victim" includes:
607 (i) the Utah Office for Victims of Crime if the Utah Office for Victims of Crime makes
608a payment to, or on behalf of, a victim under Section 63M-7-519;
609 (ii) the estate of a deceased victim; and
610 (iii) a parent, spouse, intimate partner as defined in 18 U.S.C. Sec. 921, child, or
611sibling of a victim.
612 (c) "Victim" does not include a codefendant or accomplice.
613 Section 9. Section 77-38b-201 is amended to read:
614 77-38b-201. Law enforcement responsibility for collecting restitution 01-23-23 12:06 PM 2nd Sub. (Gray) H.B. 50
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615information.
616 (1) A law enforcement agency investigating criminal conduct that would
617constitute a felony or a misdemeanor shall include [all] information about restitution for any
618potential victim in the investigative report or the citation, including information about[:]
619whether a claim for restitution may exist.
620 [(1) whether a claim for restitution exists;]
621 (2) A law enforcement agency shall also include in the investigative report:
622 (a) the basis for the claim for restitution; and
623 [(3)] (b) the estimated or actual amount of the claim for restitution.
624 Section 10. Section 77-38b-205 is amended to read:
625 77-38b-205. Order for restitution.
626 (1) (a) [(i)] If a defendant is convicted, as defined in Section 76-3-201, the court shall
627order a defendant, as part of the sentence imposed under Section 76-3-201, to pay restitution to
628all victims:
629 [(A)] (i) in accordance with the terms of any plea agreement in the case; or
630 [(B)] (ii) for the entire amount of pecuniary damages that are proximately caused to
631each victim by the criminal conduct of the defendant.
632 [(ii) In determining the amount of pecuniary damages under Subsection (1)(a)(i)(B),
633the court shall consider all relevant facts to establish an amount that fully compensates a victim
634for all pecuniary damages proximately caused by the criminal conduct of the defendant.]
635 [(iii) The court shall enter the determination of the amount of restitution under
636Subsection (1)(a)(ii) as a finding on the record.]
637 (b) If a court enters a plea in abeyance or a diversion agreement for a defendant that
638includes an agreement to pay restitution, the court shall order the defendant to pay restitution to
639all victims:
640 (i) in accordance with the terms of the plea in abeyance or the diversion agreement[.];
641or
642 (ii) if the terms of the plea in abeyance include an agreement between the parties that
643restitution will be determined by the court as described in Section 77-2a-3, for the entire
644amount of pecuniary damages that are proximately caused to each victim by the criminal
645conduct of the defendant. 2nd Sub. (Gray) H.B. 50 01-23-23 12:06 PM
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646 (c) In determining the amount of pecuniary damages under Subsection (1)(a)(ii) or
647(b)(ii), the court shall consider all relevant facts to establish an amount that fully compensates a
648victim for all pecuniary damages proximately caused by the criminal conduct of the defendant.
649 (d) The court shall enter the determination of the amount of restitution under
650Subsection (1)(a)(ii) or (b)(ii) as a finding on the record.
651 (2) [(a)] Upon an order for a defendant to pay restitution under Subsection (1), the
652court shall:
653 [(i)] (a) enter an order to establish a criminal accounts receivable as described in
654Section 77-32b-103; and
655 [(ii)] (b) establish a payment schedule for the criminal accounts receivable as described
656in Section 77-32b-103.
657 (3) If the defendant objects to [the order for restitution or the payment schedule] a
658request for restitution, the court shall allow the defendant to have a hearing on the issue, unless
659the issue is addressed at the sentencing hearing for the defendant.
660 (4) If a court does not enter an order for restitution at sentencing, the court shall
661schedule a hearing to enter an order for restitution, unless:
662 (a) the court finds as a matter of law that there is no victim in the case; or
663 (b) the prosecuting attorney certifies to the court, on the record, that:
664 (i) the prosecuting attorney has consulted with all victims, including the Utah Office
665for Victims of Crime; and
666 (ii) all victims, including the Utah Office for Victims of Crime, are not seeking
667restitution.
668 [(4) (a) For a defendant who is sentenced after July 1, 2021, if no restitution is ordered
669at sentencing, the court shall schedule a hearing to determine restitution, unless the parties
670waive the hearing in accordance with Subsection (4)(b).]
671 [(b) The parties may only waive a hearing under Subsection (4)(a) if:]
672 [(i) the parties have stipulated to the amount of restitution owed; or]
673 [(ii) the prosecuting attorney certifies that the prosecuting attorney has consulted with
674the victim, including the Utah Office for Victims of Crime, and the defendant owes no
675restitution.]
676 [(c) The court may not enter an order for restitution without a statement from the 01-23-23 12:06 PM 2nd Sub. (Gray) H.B. 50
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677prosecuting attorney that the prosecuting attorney has consulted with the victim, including the
678Utah Office for Victims of Crime.]
679 [(d) If the court does not enter an order for restitution in a hearing under Subsection
680(4)(a), the court shall:]
681 [(i) state, on the record, why the court did not enter an order for restitution; and]
682 [(ii) order a continuance of the hearing.]
683 (5) (a) A court shall enter an order for restitution in a defendant's case no later than the
684earlier of:
685 [(a)] (i) the termination of the defendant's sentence, including early termination of the
686defendant's sentence; or
687 [(b)] (ii) [(i)] (A) if the defendant is convicted and imprisoned for a first degree felony,
688within seven years after the day on which the court sentences the defendant for the first degree
689felony conviction; or
690 [(ii)] (B) except as provided in Subsection [(5)(b)(i)] (5)(a)(ii)(A), and if the defendant
691is convicted of a felony, within three years after the day on which the court sentences the
692defendant for the felony conviction[; and].
693 [(iii) if the defendant is convicted of a misdemeanor, within one year after the day on
694which the court sentences the defendant for the misdemeanor conviction.]
695 (b) A request for restitution that is made within the time period described in Subsection
696(5)(a) tolls the time for which the court must enter an order for restitution under Subsection
697(5)(a) but does not extend the term of the defendant's probation or period of incarceration.
698 (6) (a) If a court does not order restitution at sentencing or at a hearing described in
699Subsection (4), the prosecuting attorney or the victim may file a motion for restitution within
700the time periods described in Subsection (5).
701 (b) If the defendant receives notice and does not object to a motion for restitution, the
702court may order restitution without a hearing.
703 (c) If the defendant receives notice and objects to a motion for restitution, the court
704may schedule a hearing to determine whether restitution should be ordered if the prosecuting
705attorney or victim shows good cause.
706 [(6)] (7) [(a)] Upon a motion from the prosecuting attorney or the victim within the
707time periods described in Subsection (5), the court may modify an existing order of restitution, 2nd Sub. (Gray) H.B. 50 01-23-23 12:06 PM
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708including the amount of pecuniary damages owed by the defendant in the order for restitution,
709if the prosecuting attorney or the victim shows good cause for modifying the order.
710 [(b) A motion under Subsection (6)(a) shall be brought within the time periods
711described in Subsection (5).]
712 Section 11. Section 77-38b-301 is amended to read:
713 77-38b-301. Entry of a civil judgment of restitution and civil accounts receivable
714-- Continuation of the criminal action -- Interest -- Delinquency.
715 (1) As used in this section, "civil judgment" means an order for:
716 (a) a civil judgment of restitution; or
717 (b) a civil accounts receivable.
718 (2) [(a)] If the court has entered a civil judgment on the civil judgment docket under
719Section 77-18-114, the civil judgment is enforceable under the Utah Rules of Civil Procedure.
720 [(b) (i) Notwithstanding Subsection (2)(a):]
721 [(A) a judgment is an obligation that arises out of the defendant's criminal case;]
722 [(B) civil enforcement of a judgment shall be construed as a continuation of the
723criminal action for which the judgment arises; and]
724 [(C) a judgment is criminal in nature.]
725 [(ii) Civil enforcement of a judgment does not divest a defendant of an obligation
726imposed in a criminal action as part of the defendant's punishment for an offense.]
727 (3) (a) Notwithstanding Sections 77-18-114, 78B-2-311, and 78B-5-202, a civil
728judgment shall expire only upon payment in full, including any applicable interest, collection
729fees, attorney fees, and liens that directly result from the civil judgment.
730 (b) Interest on a civil judgment may only accrue from the day on which the civil
731judgment is entered on the civil judgment docket by the court.
732 (c) This Subsection (3) applies to all civil judgments that are not paid in full on or
733before May 12, 2009.
734 (4) A civil judgment is considered entered on the civil judgment docket when the civil
735judgment appears on the civil judgment docket with:
736 (a) an amount owed by the defendant;
737 (b) the name of the defendant as the judgment debtor; and
738 (c) the name of the judgment creditors described in Subsections 77-18-114(1)(b)(iii) 01-23-23 12:06 PM 2nd Sub. (Gray) H.B. 50
- 25 -
739and (2)(b).
740 (5) If a civil judgment [of restitution] becomes delinquent, or is in default, and upon a
741motion from a judgment creditor, the court may order the defendant to appear and show cause
742why the defendant should not be held in contempt under Section 78B-6-317 for the
743delinquency or the default.
744 (6) Notwithstanding any other provision of law:
745 (a) a civil judgment is an obligation that arises out of a defendant's criminal case;
746 (b) a civil judgment is criminal in nature;
747 (c) the civil enforcement of a civil judgment shall be construed as a continuation of the
748criminal action for which the civil judgment arises; and
749 (d) the civil enforcement of a civil judgment does not divest a defendant of an
750obligation imposed as part of the defendant's punishment in a criminal action.
751 Section 12. Section 77-38b-303 is amended to read:
752 77-38b-303. Effect of civil action or settlement for criminal conduct-- Issue
753preclusion -- Crediting payments.
754 [(1) A provision under this part concerning restitution does not]
755 (1) As used in this section:
756 (a) "Civil settlement" or "settlement" means an agreement entered into between a
757victim and a defendant that settles all the claims that a victim may bring in a civil action
758against the defendant for the defendant's criminal conduct.
759 (b) "Civil settlement" or "settlement" does not include an agreement that settles a civil
760judgment of restitution or a civil accounts receivable for a defendant.
761 (2) Nothing in this chapter shall be construed to limit or impair the right of a [person
762injured by a defendant's criminal conduct] victim to sue and recover damages from the
763defendant in a civil action.
764 [(2)] (3) (a) A court's finding on the amount of restitution owed by a defendant under
765Subsection [77-38b-205(1)(a)(iii)] 77-38b-205(1)(d) may be used in a civil action pertaining to
766the defendant's liability to a victim as presumptive proof of the victim's pecuniary damages that
767are proximately caused by the defendant's criminal conduct.
768 (b) If a conviction in a criminal trial decides the issue of a defendant's liability for
769pecuniary damages suffered by a victim, the issue of the defendant's liability for pecuniary 2nd Sub. (Gray) H.B. 50 01-23-23 12:06 PM
- 26 -
770damages is conclusively determined as to the defendant if the issue is involved in a subsequent
771civil action.
772 (c) (i) Except as provided in Subsection [(2)(c)(ii)] (3)(c)(ii), if a defendant is
773convicted of a misdemeanor or felony offense, the defendant is precluded from subsequently
774denying the essential allegations of the offense in a subsequent civil action brought against the
775defendant for the criminal conduct underlying the offense.
776 (ii) Subsection [(2)(c)(i)] (3)(c)(i) does not apply if the offense is a class C
777misdemeanor under Title 41, Chapter 6a, Traffic Code, or the defendant entered a plea of no
778contest for the offense.
779 (4) If a civil action brought by a victim against a defendant results in a civil judgment
780for the defendant's criminal conduct or there is a civil settlement entered into between a victim
781and defendant for the defendant's criminal conduct, the civil judgment or settlement does not
782limit or preclude:
783 (a) the sentencing court from entering an order of restitution against the defendant in
784accordance with this chapter; or
785 (b) the civil enforcement of a civil judgment of restitution by the office or the victim.
786 [(3)] (5) (a) The sentencing court shall credit any payment [in favor of the] made to a
787victim in a civil action for the defendant's criminal conduct toward the amount of restitution
788owed by the defendant to the victim.
789 (b) In a civil action, a court shall credit any restitution paid by the defendant to a victim
790for the defendant's criminal conduct towards the victim against any judgment that is in favor of
791the victim for the civil action.
792 (c) If a victim receives payment from the defendant for the civil action, the victim shall
793provide notice to the sentencing court and the court in the civil action of the payment within 30
794days after the day on which the victim receives the payment.
795 [(d) Nothing in this section shall prevent a defendant from providing proof of payment
796to the court or the office.]
797 [(4)] (6) (a) If a victim prevails in a civil action against a defendant, the court shall
798award reasonable attorney fees and costs to the victim.
799 (b) If the defendant prevails in the civil action, the court shall award reasonable costs to
800the defendant if the court finds that the victim brought the civil action for an improper purpose, 01-23-23 12:06 PM 2nd Sub. (Gray) H.B. 50
- 27 -
801including to harass the defendant or to cause unnecessary delay or needless increase in the cost
802of litigation.
803 (7) (a) The sentencing court shall credit any payment made to a victim as part of a civil
804settlement toward the amount of restitution owed by the defendant to the victim if the
805sentencing court determines that the payment compensates the victim for pecuniary damages
806proximately caused by the defendant's criminal conduct.
807 (b) If a victim receives a payment from the defendant as part of a civil settlement, the
808victim shall provide notice to the sentencing court within 30 days after the day on which the
809victim receives the payment.
810 (8) Nothing in this section shall prevent a defendant from providing proof of payment
811to the court or the office.
812 Section 13. Section 77-38b-304 is amended to read:
813 77-38b-304. Priority of payment disbursement.
814 (1) The court, or the office, shall disburse a payment for restitution within 60 days after
815the day on which the payment is received from the defendant if:
816 (a) the victim has complied with Subsection 77-38b-203(2);
817 (b) if the defendant has tendered a negotiable instrument, funds from the financial
818institution are actually received; [and]
819 (c) the payment to the victim is at least [$5] $25, unless the payment is the final
820payment[.]; and
821 (d) there is no pending legal issue that would affect an order for restitution or the
822distribution of restitution.
823 (2) The court[, or the office,] shall disburse money collected from a defendant for a
824criminal accounts receivable in the following order of priority:
825 (a) first, and except as provided in Subsection (4)(b), to restitution owed by the
826defendant in accordance with Subsection (4);
827 (b) second, to the cost of obtaining a DNA specimen from the defendant as described
828in Subsection (4)(b);
829 (c) third, to any criminal fine or surcharge owed by the defendant;
830 (d) fourth, to the cost owed by the defendant for a reward described in Section
83177-32b-104; 2nd Sub. (Gray) H.B. 50 01-23-23 12:06 PM
- 28 -
832 (e) fifth, to the cost owed by the defendant for medical care, treatment, hospitalization,
833and related transportation paid by a county correctional facility under Section 17-50-319; and
834 (f) sixth, to any other [cost] amount owed by the defendant.
835 (3) [Subject to Subsection (5), the office shall disburse] When the office collects
836money [collected] from a defendant for a criminal accounts receivable, a civil accounts
837receivable [and], or a civil judgment of restitution, the office shall disburse the money in the
838following order of priority:
839 (a) first, to any past due amount owed to the department for the monthly supervision
840fee under Subsection 64-13-21(6)(a);
841 (b) second, and except as provided in Subsection (4)(b), to restitution owed by the
842defendant in accordance with Subsection (4);
843 (c) third, to the cost of obtaining a DNA specimen from the defendant in accordance
844with Subsection (4)(b);
845 (d) fourth, to any criminal fine or surcharge owed by the defendant;
846 (e) fifth, to the cost owed by the defendant for a reward described in Section
84777-32b-104;
848 (f) sixth, to the cost owed by the defendant for medical care, treatment, hospitalization
849and related transportation paid by a county correctional facility under Section 17-50-319; and
850 (g) seventh, to any other [cost] amount owed by the defendant.
851 (4) (a) [Subject to Subsection (5), if] If a defendant owes restitution to more than one
852person or government agency at the same time, the court, or the office, shall disburse a
853payment for restitution in the following order of priority:
854 (i) first, to the victim of the offense;
855 (ii) second, to the Utah Office for Victims of Crime;
856 (iii) third, any other government agency that has provided reimbursement to the victim
857as a result of the defendant's criminal conduct; and
858 (iv) fourth, any insurance company that has provided reimbursement to the victim as a
859result of the defendant's criminal conduct.
860 (b) [Subject to Subsection (5), if] If a defendant is required under Section 53-10-404 to
861reimburse the department for the cost of obtaining the defendant's DNA specimen, the
862reimbursement for the cost of obtaining the defendant's DNA specimen is the next priority after 01-23-23 12:06 PM 2nd Sub. (Gray) H.B. 50
- 29 -
863restitution to the victim of the offense under Subsection (4)(a)(i).
864 (c) If a defendant is required to pay restitution to more than one victim, the court or the
865office shall disburse a payment for restitution proportionally to each victim.
866 [(c) Subject to Subsection (5), if the defendant is required to pay restitution to more
867than one victim, restitution shall be disbursed to each victim according to the percentage of
868each victim's share of the total order for restitution.]
869 (5) [The] Notwithstanding the requirements for the disbursement of a payment under
870Subsection (3) or (4), the office shall disburse money collected from a defendant to a debt that
871is a part of a civil accounts receivable or civil judgment of restitution if:
872 (a) a defendant has provided a written request to the office to apply the payment to the
873debt; and
874 (b) (i) the payment will eliminate the entire balance of the debt, including any interest;
875or
876 (ii) after reaching a settlement, the payment amount will eliminate the entire agreed
877upon balance of the debt, including any interest.
878 (6) For a criminal accounts receivable, the department shall collect the current and past
879due amount owed by a defendant for the monthly supervision fee under Subsection
88064-13-21(6)(a) until the court enters a civil accounts receivable on the civil judgment docket
881under Section 77-18-114.
882 (7) Notwithstanding any other provision of this section:
883 (a) the office may collect a fee, as described in Subsection 63A-3-502(4), from each
884payment for a criminal accounts receivable, a civil accounts receivable, or a civil judgment of
885restitution before disbursing the payment as described in this section; and
886 (b) the office shall apply any payment collected through garnishment to the case for
887which the garnishment was issued.
888 Section 14. Section 78A-7-118 is amended to read:
889 78A-7-118. Appeals from justice court -- Trial or hearing de novo in district
890court.
891 (1) As used this in this section:
892 (a) "Restitution" means the same as that term is defined in Section 77-38b-102.
893 (b) "Victim" means the same as that term is defined in Section 77-38b-102. 2nd Sub. (Gray) H.B. 50 01-23-23 12:06 PM
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894 [(1)] (2) In a criminal case, a defendant is entitled to a trial de novo in the district court
895only if the defendant files a notice of appeal within 28 days [of] after the day on which:
896 [(a) sentencing, except as provided in Subsection (4)(b); or]
897 [(b)] (a) except as provided in Subsection (5)(a)(ii), the justice court sentences the
898defendant; or
899 (b) the defendant enters a plea of guilty or no contest in the justice court that is held in
900abeyance.
901 [(2)] (3) Upon filing a proper notice of appeal, any term of a sentence imposed by the
902justice court [shall be] is stayed as provided for in Section 77-20-302 and the Utah Rules of
903Criminal Procedure.
904 [(3)] (4) If an appeal under Subsection [(1)] (2) is of a plea entered pursuant to
905negotiation with the prosecutor, and the defendant did not reserve the right to appeal as part of
906the plea negotiation, the negotiation is voided by the appeal.
907 [(4)] (5) (a) A defendant convicted and sentenced in the justice court is entitled to a
908hearing de novo in the district court [on the following matters, if the defendant files a notice of
909appeal within 28 days of] regarding:
910 [(a)] (i) an order revoking probation;
911 [(b)] (ii) [imposition of a sentence, following] a sentence after a determination that a
912defendant failed to fulfill the terms of a plea in abeyance agreement;
913 [(c)] (iii) an order denying a motion to withdraw a plea[,] if the plea is being held in
914abeyance and the motion to withdraw the plea is filed within 28 days [of the entry of the plea]
915after the day on which the plea is entered;
916 [(d)] (iv) [a postsentence order fixing total or court ordered] an order for restitution; or
917 [(e)] (v) an order denying expungement.
918 (b) A defendant seeking an appeal under Subsection (5)(a) shall file a notice of appeal
919within 28 days after the day on which the justice court enters the order or sentence.
920 (6) (a) A defendant who has entered into a plea in abeyance in the justice court is
921entitled to a hearing de novo in the district court on the determination by the justice court as to
922the amount of restitution owed by the defendant as a part of the plea in abeyance agreement.
923 (b) A defendant seeking an appeal under Subsection (6)(a) shall file a notice of appeal
924within 28 days after the day on which the justice court enters the order for restitution. 01-23-23 12:06 PM 2nd Sub. (Gray) H.B. 50
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925 [(5) The]
926 (7) (a) A prosecutor is entitled to a hearing de novo in the district court [if an appeal is
927filed within 28 days of the court entering] regarding:
928 [(a)] (i) a final judgment of dismissal;
929 [(b)] (ii) an order arresting judgment;
930 [(c)] (iii) an order terminating the prosecution because of a finding of double jeopardy
931or denial of a speedy trial;
932 [(d)] (iv) a judgment holding invalid any part of a statute or ordinance;
933 [(e)] (v) a pretrial order excluding evidence[,] when the prosecutor certifies that
934exclusion of that evidence prevents continued prosecution of an infraction or class C
935misdemeanor;
936 [(f)] (vi) a pretrial order excluding evidence[,] when the prosecutor certifies that
937exclusion of that evidence impairs continued prosecution of a class B misdemeanor;
938 [(g)] (vii) an order granting a motion to withdraw a plea of guilty or no contest; or
939 [(h) an order fixing total restitution at an amount less than requested by a crime victim;
940or]
941 [(i)] (viii) an order granting an expungement[,] if the expungement was opposed by the
942prosecution or a victim before the order was entered.
943 (b) A prosecutor seeking an appeal under Subsection (7)(a) shall file a notice of appeal
944within 28 days after the day on which the justice court enters the order or judgment.
945 (8) (a) A prosecutor or a victim is entitled to a restitution hearing de novo in the district
946court regarding restitution if:
947 (i) a request for restitution was made in the justice court; and
948 (ii) the justice court:
949 (A) failed to order the defendant to pay restitution to the victim; or
950 (B) ordered the defendant to pay restitution in an amount less than requested.
951 (b) A prosecutor or victim seeking an appeal under Subsection (8)(a) shall file a notice
952of appeal within 28 days after the day on which the justice court:
953 (i) failed to order the defendant to pay restitution; or
954 (ii) ordered the defendant to pay restitution in an amount less than requested.
955 [(6)] (9) Upon entering a decision in a hearing de novo, the district court shall remand 2nd Sub. (Gray) H.B. 50 01-23-23 12:06 PM
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956the case to the justice court unless:
957 (a) the decision results in immediate dismissal of the case; or
958 (b) the hearing de novo was on a pretrial order and the parties and the district court
959agree to have the district court retain jurisdiction.
960 [(7)] (10) The district court shall retain jurisdiction over the case on trial de novo.
961 [(8)] (11) The decision of the district court is final and may not be appealed unless the
962district court rules on the constitutionality of a statute or ordinance.