Utah 2023 Regular Session

Utah House Bill HB0050 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	Enrolled Copy H.B. 50
	1	+	2nd Sub. H.B. 50
	2	+	LEGISLATIVE GENERAL COUNSEL
	3	+	6 Approved for Filing: J. Carlton 6
	4	+	6 01-23-23 12:06 PM 6
	5	+	H.B. 50
	6	+	2nd Sub. (Gray)
	7	+	Representative Karianne Lisonbee proposes the following substitute bill:
2	8		1 CRIMINAL FINANCIAL OBLIGATION AMENDMENTS
3	9		2 2023 GENERAL SESSION
4	10		3 STATE OF UTAH
5	11		4 Chief Sponsor: Karianne Lisonbee
6	12		5 Senate Sponsor: Todd D. Weiler
7	13		6
8	14		7LONG TITLE
9	15		8General Description:
10	16		9 This bill amends provisions regarding financial obligations owed by a defendant as a
11	17		10result of a criminal sentence.
12	18		11Highlighted Provisions:
13	19		12 This bill:
14	20		13 <defines terms;
15	21		14 <clarifies the duties of the Office of State Debt Collection in regards to the settlement
16	22		15of an accounts receivable with a restitution amount;
17	23		16 <addresses fees and interest for an infraction;
18	24		17 <addresses restitution for a plea in abeyance;
19	25		18 <addresses a criminal accounts receivable in regards to probation;
20	26		19 <addresses a payment towards a civil judgment of restitution;
21	27		20 <amends provisions regarding the collection of information for restitution;
22	28		21 <amends provisions regarding an order for restitution;
23	29		22 <clarifies the effect and nature of a civil judgment of restitution and a civil accounts
24	30		23receivable;
25	31		24 <addresses a civil action or settlement for a defendant's criminal conduct;
26	32		25 <amends provisions regarding the disbursement of payments towards a criminal
	33	+	HB0050S02 2nd Sub. (Gray) H.B. 50 01-23-23 12:06 PM
	34	+	- 2 -
27	35		26accounts receivable, a civil accounts receivable, and a civil judgment of restitution;
28	36		27 <amends provisions regarding an appeal from a justice court to a district court; and
29		-	28 <makes technical and conforming changes. H.B. 50
30		-	Enrolled Copy
31		-	- 2 -
	37	+	28 <makes technical and conforming changes.
32	38		29Money Appropriated in this Bill:
33	39		30 None
34	40		31Other Special Clauses:
35	41		32 None
36	42		33Utah Code Sections Affected:
37	43		34AMENDS:
38	44		35 63A-3-502, as last amended by Laws of Utah 2022, Chapter 323
39	45		36 76-3-301, as last amended by Laws of Utah 2019, Chapter 291
40	46		37 77-2a-1, as last amended by Laws of Utah 2021, Chapter 260
41	47		38 77-2a-3, as last amended by Laws of Utah 2022, Chapter 116
42	48		39 77-18-108, as last amended by Laws of Utah 2022, Chapter 115
43	49		40 77-18-114, as last amended by Laws of Utah 2022, Chapters 323, 359
44	50		41 77-20-302, as renumbered and amended by Laws of Utah 2021, Second Special
45	51		42Session, Chapter 4
46	52		43 77-38b-102, as last amended by Laws of Utah 2022, Chapter 359
47	53		44 77-38b-201, as enacted by Laws of Utah 2021, Chapter 260
48	54		45 77-38b-205, as enacted by Laws of Utah 2021, Chapter 260
49	55		46 77-38b-301, as enacted by Laws of Utah 2021, Chapter 260
50	56		47 77-38b-303, as last amended by Laws of Utah 2022, Chapter 359
51	57		48 77-38b-304, as last amended by Laws of Utah 2022, Chapter 323
52	58		49 78A-7-118, as last amended by Laws of Utah 2021, Second Special Session, Chapter 4
53	59		50
54	60		51Be it enacted by the Legislature of the state of Utah:
55	61		52 Section 1. Section 63A-3-502 is amended to read:
56	62		53 63A-3-502. Office of State Debt Collection created -- Duties.
57	63		54 (1) The state and each state agency shall comply with:
58		-	55 (a) the requirements of this chapter; and Enrolled Copy H.B. 50
	64	+	55 (a) the requirements of this chapter; and
	65	+	56 (b) any rules established by the Office of State Debt Collection. 01-23-23 12:06 PM 2nd Sub. (Gray) H.B. 50
59	66		- 3 -
60		-	56 (b) any rules established by the Office of State Debt Collection.
61	67		57 (2) There is created the Office of State Debt Collection in the Division of Finance.
62	68		58 (3) The office shall:
63	69		59 (a) have overall responsibility for collecting and managing state receivables;
64	70		60 (b) assist the Division of Finance to develop consistent policies governing the
65	71		61collection and management of state receivables;
66	72		62 (c) oversee and monitor state receivables to ensure that state agencies are:
67	73		63 (i) implementing all appropriate collection methods;
68	74		64 (ii) following established receivables guidelines; and
69	75		65 (iii) accounting for and reporting receivables in the appropriate manner;
70	76		66 (d) assist the Division of Finance to develop policies, procedures, and guidelines for
71	77		67accounting, reporting, and collecting money owed to the state;
72	78		68 (e) provide information, training, and technical assistance to each state agency on
73	79		69various collection-related topics;
74	80		70 (f) write an inclusive receivables management and collection manual for use by each
75	81		71state agency;
76	82		72 (g) prepare quarterly and annual reports of the state's receivables;
77	83		73 (h) create or coordinate a state accounts receivable database;
78	84		74 (i) develop reasonable criteria to gauge state agencies' efforts in maintaining an
79	85		75effective accounts receivable program;
80	86		76 (j) identify any state agency that is not making satisfactory progress toward
81	87		77implementing collection techniques and improving accounts receivable collections;
82	88		78 (k) coordinate information, systems, and procedures between each state agency to
83	89		79maximize the collection of past-due accounts receivable;
84	90		80 (l) establish an automated cash receipt process between each state agency;
85	91		81 (m) assist the Division of Finance to establish procedures for writing off accounts
86		-	82receivable for accounting and collection purposes; H.B. 50
87		-	Enrolled Copy
88		-	- 4 -
	92	+	82receivable for accounting and collection purposes;
89	93		83 (n) establish standard time limits after which an agency will delegate responsibility to
90	94		84collect state receivables to the office or the office's designee;
91	95		85 (o) be a real party in interest for:
92	96		86 (i) an account receivable referred to the office by any state agency; and
93		-	87 (ii) a civil judgment of restitution entered on a civil judgment docket by a court;
	97	+	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
	98	+	- 4 -
94	99		88 (p) allocate money collected for a judgment entered on the civil judgment docket under
95	100		89Section 77-18-114 in accordance with Sections 51-9-402, 63A-3-506, and 78A-5-110;
96	101		90 (q) if a criminal accounts receivable is transferred to the office under Subsection
97	102		9177-32b-103(2)(a)(ii), receive, process, and distribute payments for the criminal accounts
98	103		92receivable;
99	104		93 (r) provide a debtor online access to the debtor's accounts receivable or criminal
100	105		94accounts receivable in accordance with Section 63A-3-502.5;
101	106		95 (s) establish a written policy for each of the following:
102	107		96 (i) the settling of an accounts receivable, including [that a restitution amount may be
103	108		97settled] any amount of restitution owed to a victim in a civil judgment of restitution if the
104	109		98victim approves of the settlement;
105	110		99 (ii) allowing a debtor to pay off a single debt as part of an accounts receivable even if
106	111		100the debtor has a balance on another debt as part of an accounts receivable or criminal accounts
107	112		101receivable;
108	113		102 (iii) setting a payment deadline for settlement agreements and for obtaining an
109	114		103extension of a settlement agreement deadline; and
110	115		104 (iv) reducing administrative costs when a settlement has been reached;
111	116		105 (t) consult with a state agency on whether:
112	117		106 (i) the office may agree to a settlement for an amount that is less than the debtor's
113	118		107principal amount; and
114	119		108 (ii) the state agency may retain authority to negotiate a settlement with a debtor; and
115		-	109 (u) provide the terms and conditions of any payment arrangement that the debtor has Enrolled Copy H.B. 50
116		-	- 5 -
	120	+	109 (u) provide the terms and conditions of any payment arrangement that the debtor has
117	121		110made with a state agency or the office when:
118	122		111 (i) the payment arrangement is created; or
119	123		112 (ii) the debtor requests a copy of the terms and conditions.
120	124		113 (4) The office may:
121	125		114 (a) recommend to the Legislature new laws to enhance collection of past-due accounts
122	126		115by state agencies;
123	127		116 (b) collect accounts receivables for higher education entities, if the higher education
124	128		117entity agrees;
125		-	118 (c) prepare a request for proposal for consulting services to:
	129	+	118 (c) prepare a request for proposal for consulting services to: 01-23-23 12:06 PM 2nd Sub. (Gray) H.B. 50
	130	+	- 5 -
126	131		119 (i) analyze the state's receivable management and collection efforts; and
127	132		120 (ii) identify improvements needed to further enhance the state's effectiveness in
128	133		121collecting the state's receivables;
129	134		122 (d) contract with private or state agencies to collect past-due accounts;
130	135		123 (e) perform other appropriate and cost-effective coordinating work directly related to
131	136		124collection of state receivables;
132	137		125 (f) obtain access to records and databases of any state agency that are necessary to the
133	138		126duties of the office by following the procedures and requirements of Section 63G-2-206,
134	139		127including the financial declaration form described in Section 77-38b-204;
135	140		128 (g) collect interest and fees related to the collection of receivables under this chapter,
136	141		129and establish, by following the procedures and requirements of Section 63J-1-504:
137	142		130 (i) a fee to cover the administrative costs of collection on accounts administered by the
138	143		131office;
139	144		132 (ii) a late penalty fee that may not be more than 10% of the account receivable on
140	145		133accounts administered by the office;
141	146		134 (iii) an interest charge that is:
142	147		135 (A) the postjudgment interest rate established by Section 15-1-4 in judgments
143		-	136established by the courts; or H.B. 50
144		-	Enrolled Copy
145		-	- 6 -
	148	+	136established by the courts; or
146	149		137 (B) not more than 2% above the prime rate as of July 1 of each fiscal year for accounts
147	150		138receivable for which no court judgment has been entered; and
148	151		139 (iv) fees to collect accounts receivable for higher education;
149	152		140 (h) collect reasonable attorney fees and reasonable costs of collection that are related to
150	153		141the collection of receivables under this chapter;
151	154		142 (i) make rules that allow accounts receivable to be collected over a reasonable period
152	155		143of time and under certain conditions with credit cards;
153	156		144 (j) for a case that is referred to the office or in which the office is a judgment creditor,
154	157		145file a motion or other document related to the office or the accounts receivable in that case,
155	158		146including a satisfaction of judgment, in accordance with the Utah Rules of Civil Procedure;
156	159		147 (k) ensure that judgments for which the office is the judgment creditor are renewed, as
157	160		148necessary;
158		-	149 (l) notwithstanding Section 63G-2-206, share records obtained under Subsection (4)(f)
	161	+	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
	162	+	- 6 -
159	163		150with private sector vendors under contract with the state to assist state agencies in collecting
160	164		151debts owed to the state agencies without changing the classification of any private, controlled,
161	165		152or protected record into a public record;
162	166		153 (m) enter into written agreements with other governmental agencies to obtain and share
163	167		154information for the purpose of collecting state accounts receivable; and
164	168		155 (n) collect accounts receivable for a political subdivision of the state if the political
165	169		156subdivision enters into an agreement or contract with the office under Title 11, Chapter 13,
166	170		157Interlocal Cooperation Act, for the office to collect the political subdivision's accounts
167	171		158receivable.
168	172		159 (5) The office shall ensure that:
169	173		160 (a) a record obtained by the office or a private sector vendor under Subsection (4)(l):
170	174		161 (i) is used only for the limited purpose of collecting accounts receivable; and
171	175		162 (ii) is subject to federal, state, and local agency records restrictions; and
172		-	163 (b) any individual employed by, or formerly employed by, the office or a private sector Enrolled Copy H.B. 50
173		-	- 7 -
	176	+	163 (b) any individual employed by, or formerly employed by, the office or a private sector
174	177		164vendor as referred to in Subsection (4)(l) is subject to:
175	178		165 (i) the same duty of confidentiality with respect to the record imposed by law on
176	179		166officers and employees of the state agency from which the record was obtained; and
177	180		167 (ii) any civil or criminal penalties imposed by law for violations of lawful access to a
178	181		168private, controlled, or protected record.
179	182		169 (6) (a) The office shall collect a civil accounts receivable or a civil judgment of
180	183		170restitution ordered by a court as a result of prosecution for a criminal offense that have been
181	184		171transferred to the office under Subsection 77-18-114(1) or (2).
182	185		172 (b) The office may not assess:
183	186		173 (i) the interest charge established by the office under Subsection (4) on an account
184	187		174receivable subject to the postjudgment interest rate established by Section 15-1-4; and
185	188		175 (ii) an interest charge on a criminal accounts receivable that is transferred to the office
186	189		176under Subsection 77-32b-103(2)(a)(ii).
187	190		177 (7) The office shall require a state agency to:
188	191		178 (a) transfer collection responsibilities to the office or the office's designee according to
189	192		179time limits established by the office;
190		-	180 (b) make annual progress towards implementing collection techniques and improved
	193	+	180 (b) make annual progress towards implementing collection techniques and improved 01-23-23 12:06 PM 2nd Sub. (Gray) H.B. 50
	194	+	- 7 -
191	195		181accounts receivable collections;
192	196		182 (c) use the state's accounts receivable system or develop systems that are adequate to
193	197		183properly account for and report the state's receivables;
194	198		184 (d) develop and implement internal policies and procedures that comply with the
195	199		185collections policies and guidelines established by the office;
196	200		186 (e) provide internal accounts receivable training to staff involved in the management
197	201		187and collection of receivables as a supplement to statewide training;
198	202		188 (f) bill for and make initial collection efforts of the state agency's receivables up to the
199	203		189time the accounts must be transferred; and
200		-	190 (g) submit quarterly receivable reports to the office that identify the age, collection H.B. 50
201		-	Enrolled Copy
202		-	- 8 -
	204	+	190 (g) submit quarterly receivable reports to the office that identify the age, collection
203	205		191status, and funding source of each receivable.
204	206		192 (8) All interest, fees, and other amounts authorized to be collected by the office under
205	207		193Subsection (4)(g):
206	208		194 (a) are penalties that may be charged by the office;
207	209		195 (b) do not require an order from a court for the office to assess or collect;
208	210		196 (c) are not compensation for actual pecuniary loss;
209	211		197 (d) for a civil accounts receivable:
210	212		198 (i) begin to accrue on the day on which the civil accounts receivable is entered on the
211	213		199civil judgment docket under Subsection 77-18-114(1) or (2); and
212	214		200 (ii) may be collected as part of the civil accounts receivable;
213	215		201 (e) for a civil judgment of restitution:
214	216		202 (i) begin to accrue on the day on which the civil judgment of restitution is entered on
215	217		203the civil judgment docket under Subsection 77-18-114(1); and
216	218		204 (ii) may be collected as part of the civil judgment of restitution;
217	219		205 (f) for all other accounts receivable:
218	220		206 (i) begin to accrue on the day on which the accounts receivable is transferred to the
219	221		207office, even if there is no court order on the day on which the accounts receivable is
220	222		208transferred; and
221	223		209 (ii) may be collected as part of the accounts receivable; and
222	224		210 (g) may be waived by:
223		-	211 (i) the office; or
	225	+	211 (i) the office; or 2nd Sub. (Gray) H.B. 50 01-23-23 12:06 PM
	226	+	- 8 -
224	227		212 (ii) if the interest, fee, or other amount is charged in error, the court.
225	228		213 Section 2. Section 76-3-301 is amended to read:
226	229		214 76-3-301. Fines of individuals.
227	230		215 (1) An individual convicted of an offense may be sentenced to pay a fine, not
228	231		216exceeding:
229		-	217 (a) $10,000 for a felony conviction of the first degree or second degree; Enrolled Copy H.B. 50
230		-	- 9 -
	232	+	217 (a) $10,000 for a felony conviction of the first degree or second degree;
231	233		218 (b) $5,000 for a felony conviction of the third degree;
232	234		219 (c) $2,500 for a class A misdemeanor conviction;
233	235		220 (d) $1,000 for a class B misdemeanor conviction;
234	236		221 (e) $750 for a class C misdemeanor conviction or infraction conviction; and
235	237		222 (f) any greater amounts specifically authorized by statute.
236	238		223 (2) (a) An individual convicted of a misdemeanor or infraction and sentenced to pay a
237	239		224fine may not be charged by a court:
238	240		225 (i) notwithstanding Section 15-1-4, interest on the judgment that in the aggregate is
239	241		226more than 25% of the initial fine; or
240	242		227 (ii) that issues an order to show cause under Section 78B-6-317 for failure to pay the
241	243		228fine, interest that is more than 25% of the initial fine.
242	244		229 (b) An individual convicted only of an infraction and sentenced to pay a fine may not
243	245		230be charged:
244	246		231 (i) by the Office of State Debt Collection, late fees and interest that in the aggregate are
245	247		232more than 25% of the initial fine; or
246	248		233 (ii) by a third-party debt contractor of the Office of State Debt Collection, additional
247	249		234fees.
248	250		235 (3) Subsection (2) does not apply to a case that includes:
249	251		236 (a) victim restitution; or
250	252		237 (b) a felony conviction, even if that felony conviction is later reduced.
251	253		238 (4) This section does not apply to a corporation, association, partnership, government,
252	254		239or governmental instrumentality.
253	255		240 Section 3. Section 77-2a-1 is amended to read:
254	256		241 77-2a-1. Definitions.
255		-	242 As used in this chapter:
	257	+	242 As used in this chapter: 01-23-23 12:06 PM 2nd Sub. (Gray) H.B. 50
	258	+	- 9 -
256	259		243 (1) "Criminal conduct" means the same as that term is defined in Section 77-38b-102.
257		-	244 [(1)] (2) "Pecuniary damages" means the same as that term is defined in Section H.B. 50
258		-	Enrolled Copy
259		-	- 10 -
	260	+	244 [(1)] (2) "Pecuniary damages" means the same as that term is defined in Section
260	261		24577-38b-102.
261	262		246 [(2)] (3) "Plea in abeyance" means an order by a court, upon motion of the prosecuting
262	263		247attorney and the defendant, accepting a plea of guilty or of no contest from the defendant but
263	264		248not, at that time, entering judgment of conviction against the defendant nor imposing sentence
264	265		249upon the defendant on condition that the defendant comply with specific conditions as set forth
265	266		250in a plea in abeyance agreement.
266	267		251 [(3)] (4) "Plea in abeyance agreement" means an agreement entered into between the
267	268		252prosecuting attorney and the defendant setting forth the specific terms and conditions upon
268	269		253which, following acceptance of the agreement by the court, a plea may be held in abeyance.
269	270		254 [(4)] (5) "Restitution" means the same as that term is defined in Section 77-38b-102.
270	271		255 (6) "Victim" means the same as that term is defined in Section 77-38b-102.
271	272		256 Section 4. Section 77-2a-3 is amended to read:
272	273		257 77-2a-3. Manner of entry of plea -- Powers of court.
273	274		258 (1) (a) Acceptance of any plea in anticipation of a plea in abeyance agreement shall be
274	275		259done in full compliance with the Utah Rules of Criminal Procedure, Rule 11.
275	276		260 (b) In cases charging offenses for which bail may be forfeited, a plea in abeyance
276	277		261agreement may be entered into without a personal appearance before a magistrate.
277	278		262 (2) A plea in abeyance agreement may provide that the court may, upon finding that the
278	279		263defendant has successfully completed the terms of the agreement:
279	280		264 (a) reduce the degree of the offense and enter judgment of conviction and impose
280	281		265sentence for a lower degree of offense; or
281	282		266 (b) allow withdrawal of defendant's plea and order the dismissal of the case.
282	283		267 (3) (a) Upon finding that a defendant has successfully completed the terms of a plea in
283	284		268abeyance agreement, the court may reduce the degree of the offense or dismiss the case only as
284	285		269provided in the plea in abeyance agreement or as agreed to by all parties.
285	286		270 (b) Upon sentencing a defendant for any lesser offense in accordance with a plea in
286		-	271abeyance agreement, the court may not invoke Section 76-3-402 to further reduce the degree of Enrolled Copy H.B. 50
287		-	- 11 -
	287	+	271abeyance agreement, the court may not invoke Section 76-3-402 to further reduce the degree of
288	288		272the offense.
289		-	273 (4) The court may require the Department of Corrections to assist in the administration
	289	+	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
	290	+	- 10 -
290	291		274of the plea in abeyance agreement as if the defendant were on probation to the court under
291	292		275Section 77-18-105.
292	293		276 (5) The terms of a plea in abeyance agreement may include:
293	294		277 (a) an order that the defendant pay a nonrefundable plea in abeyance fee, with a
294	295		278surcharge based on the amount of the plea in abeyance fee, both of which shall be allocated in
295	296		279the same manner as if paid as a fine for a criminal conviction under Section 78A-5-110 and a
296	297		280surcharge under Title 51, Chapter 9, Part 4, Criminal Conviction Surcharge Allocation, and
297	298		281which may not exceed in amount the maximum fine and surcharge which could have been
298	299		282imposed upon conviction and sentencing for the same offense;
299	300		283 (b) an order that the defendant pay the costs of any remedial or rehabilitative program
300	301		284required by the terms of the agreement; and
301	302		285 (c) an order that the defendant comply with any other conditions that could have been
302	303		286imposed as conditions of probation upon conviction and sentencing for the same offense.
303	304		287 [(6) (a) The terms of a plea in abeyance shall include an order for a specific amount of
304	305		288restitution that the defendant will pay, as agreed to by the defendant and the prosecuting
305	306		289attorney, unless the prosecuting attorney certifies that:]
306	307		290 [(i) the prosecuting attorney has consulted with all victims, including the Utah Office
307	308		291for Victims of Crime; and]
308	309		292 [(ii) the defendant does not owe any restitution.]
309	310		293 (6) [(b)] (a) The terms of a plea in abeyance shall include:
310	311		294 (i) a specific amount of restitution that the defendant will pay, as agreed to by the
311	312		295defendant and the prosecuting attorney;
312	313		296 (ii) a certification from the prosecuting attorney that:
313	314		297 (A) the prosecuting attorney has consulted with all victims, including the Utah Office
314		-	298for Victims of Crime; and H.B. 50
315		-	Enrolled Copy
316		-	- 12 -
	315	+	298for Victims of Crime; and
317	316		299 (B) all victims, including the Utah Office for Victims of Crime, are not seeking
318	317		300restitution; or
319	318		301 (iii) an agreement between the parties that restitution will be determined by the court at
320	319		302a subsequent hearing in accordance with Section 77-38b-205.
321	320		303 (b) At a subsequent hearing described in Subsection (6)(a)(iii), the court shall order the
322		-	304defendant, as a modified term of the plea in abeyance, to pay restitution to all victims for the
	321	+	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
	322	+	- 11 -
323	323		305entire amount of pecuniary damages that are proximately caused by the criminal conduct of the
324	324		306defendant.
325	325		307 (c) The court shall collect, receive, process, and distribute payments for restitution to
326	326		308the victim, unless otherwise provided by law or by the plea in abeyance agreement.
327	327		309 [(c)] (d) If the defendant does not successfully complete the terms of the plea in
328	328		310abeyance, the court shall enter an order for restitution, in accordance with Title 77, Chapter
329	329		31138b, Crime Victims Restitution Act, upon entering a sentence for the defendant.
330	330		312 (7) (a) A court may not hold a plea in abeyance without the consent of both the
331	331		313prosecuting attorney and the defendant.
332	332		314 (b) A decision by a prosecuting attorney not to agree to a plea in abeyance is final.
333	333		315 (8) No plea may be held in abeyance in any case involving:
334	334		316 (a) a sexual offense against [a victim] an individual who is under 14 years old; or
335	335		317 (b) a driving under the influence violation under Section 41-6a-502, 41-6a-502.5,
336	336		31841-6a-517, 41-6a-520, 76-5-102.1, or 76-5-207.
337	337		319 Section 5. Section 77-18-108 is amended to read:
338	338		320 77-18-108. Termination, revocation, modification, or extension of probation --
339	339		321Violation of probation -- Hearing on violation.
340	340		322 (1) (a) The department shall [notify the court and the prosecuting attorney, in writing]
341	341		323send a written notice to the court:
342	342		324 (i) when the department is [requesting] recommending termination of supervision for a
343		-	325defendant; or Enrolled Copy H.B. 50
344		-	- 13 -
	343	+	325defendant; or
345	344		326 (ii) before a defendant's supervision will be terminated by law.
346	345		327 (b) The [notification] written notice under this Subsection (1) shall include:
347	346		328 (i) a probation progress report[.]; and
348	347		329 (ii) if the department is responsible for the collection of the defendant's criminal
349	348		330accounts receivable, a summary of the criminal accounts receivable, including the amount of
350	349		331restitution ordered and the amount of restitution that has been paid.
351	350		332 (c) (i) Upon receipt of the written notice under Subsection (1)(a), the court shall:
352	351		333 (A) file the written notice on the docket; and
353	352		334 (B) provide notice to all parties in the criminal case.
354		-	335 (ii) A party shall have a reasonable opportunity to respond to the written notice under
	353	+	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
	354	+	- 12 -
355	355		336Subsection (1)(a).
356	356		337 [(c)] (d) If a defendant's probation is being terminated, and the defendant's criminal
357	357		338accounts receivable has an unpaid balance or there is any outstanding debt with the department,
358	358		339the department shall [notify] send a written notice to the Office of State Debt Collection [that
359	359		340the defendant's criminal accounts receivable has an unpaid balance or there is an outstanding
360	360		341debt with the department.] with a summary of the defendant's criminal accounts receivable,
361	361		342including the amount of restitution ordered and the amount of restitution that has been paid.
362	362		343 (2) (a) The court may modify the defendant's probation in accordance with the
363	363		344supervision length guidelines and the graduated and evidence-based responses and graduated
364	364		345incentives developed by the Utah Sentencing Commission under Section 63M-7-404.
365	365		346 (b) The court may not:
366	366		347 (i) extend the length of a defendant's probation, except upon:
367	367		348 (A) waiver of a hearing by the defendant; or
368	368		349 (B) a hearing and a finding by the court that the defendant has violated the terms of
369	369		350probation;
370	370		351 (ii) revoke a defendant's probation, except upon a hearing and a finding by the court
371		-	352that the terms of probation have been violated; or H.B. 50
372		-	Enrolled Copy
373		-	- 14 -
	371	+	352that the terms of probation have been violated; or
374	372		353 (iii) terminate a defendant's probation before expiration of the probation period until
375	373		354the court:
376	374		355 (A) reviews the docket to determine whether the defendant owes a balance on the
377	375		356defendant's criminal accounts receivable; and
378	376		357 (B) enters a finding of whether the defendant owes restitution under Section
379	377		35877-38b-205.
380	378		359 (c) The court may find under Subsection (2)(b)(iii)(B) that the defendant does not owe
381	379		360restitution if no request for restitution has been filed with the court.
382	380		361 (3) (a) Upon the filing of an affidavit, or an unsworn written declaration executed in
383	381		362substantial compliance with Title 78B, Chapter 18a, Uniform Unsworn Declarations Act,
384	382		363alleging with particularity facts asserted to constitute violation of the terms of a defendant's
385	383		364probation, the court shall determine if the affidavit or unsworn written declaration establishes
386	384		365probable cause to believe that revocation, modification, or extension of the defendant's
387		-	366probation is justified.
	385	+	366probation is justified. 01-23-23 12:06 PM 2nd Sub. (Gray) H.B. 50
	386	+	- 13 -
388	387		367 (b) (i) If the court determines there is probable cause, the court shall order that the
389	388		368defendant be served with:
390	389		369 (A) a warrant for the defendant's arrest or a copy of the affidavit or unsworn written
391	390		370declaration; and
392	391		371 (B) an order to show cause as to why the defendant's probation should not be revoked,
393	392		372modified, or extended.
394	393		373 (ii) The order under Subsection (3)(b)(i)(B) shall:
395	394		374 (A) be served upon the defendant at least five days before the day on which the hearing
396	395		375is held;
397	396		376 (B) specify the time and place of the hearing; and
398	397		377 (C) inform the defendant of the right to be represented by counsel at the hearing, the
399	398		378right to have counsel appointed if the defendant is indigent, and the right to present evidence at
400		-	379the hearing. Enrolled Copy H.B. 50
401		-	- 15 -
	399	+	379the hearing.
402	400		380 (iii) The defendant shall show good cause for a continuance of the hearing.
403	401		381 (c) At the hearing, the defendant shall admit or deny the allegations of the affidavit or
404	402		382unsworn written declaration.
405	403		383 (d) (i) If the defendant denies the allegations of the affidavit or unsworn written
406	404		384declaration, the prosecuting attorney shall present evidence on the allegations.
407	405		385 (ii) If the affidavit, or unsworn written declaration, alleges that a defendant is
408	406		386delinquent, or in default, on a criminal accounts receivable, the prosecuting attorney shall
409	407		387present evidence to establish, by a preponderance of the evidence, that the defendant:
410	408		388 (A) was aware of the defendant's obligation to pay the balance of the criminal accounts
411	409		389receivable;
412	410		390 (B) failed to pay on the balance of the criminal accounts receivable as ordered by the
413	411		391court; and
414	412		392 (C) had the ability to make a payment on the balance of the criminal accounts
415	413		393receivable if the defendant opposes an order to show cause, in writing, and presents evidence
416	414		394that the defendant was unable to make a payment on the balance of the criminal accounts
417	415		395receivable.
418	416		396 (e) The persons who have given adverse information on which the allegations are
419		-	397based shall be presented as witnesses subject to questioning by the defendant, unless the court
	417	+	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
	418	+	- 14 -
420	419		398for good cause otherwise orders.
421	420		399 (f) At the hearing, the defendant may:
422	421		400 (i) call witnesses;
423	422		401 (ii) appear and speak in the defendant's own behalf; and
424	423		402 (iii) present evidence.
425	424		403 (g) (i) After the hearing, the court shall make findings of fact.
426	425		404 (ii) Upon a finding that the defendant violated the terms of the defendant's probation,
427	426		405the court may order the defendant's probation terminated, revoked, modified, continued, or
428		-	406reinstated for all or a portion of the original term of probation. H.B. 50
429		-	Enrolled Copy
430		-	- 16 -
	427	+	406reinstated for all or a portion of the original term of probation.
431	428		407 (4) (a) (i) Except as provided in Subsection 77-18-105(7), the court may not require a
432	429		408defendant to remain on probation for a period of time that exceeds the length of the defendant's
433	430		409maximum sentence.
434	431		410 (ii) Except as provided in Subsection 77-18-105(7), if a defendant's probation is
435	432		411revoked and later reinstated, the total time of all periods of probation that the defendant serves,
436	433		412in relation to the same sentence, may not exceed the defendant's maximum sentence.
437	434		413 (b) If the court orders a sanction for a defendant who violated terms of probation, the
438	435		414court may:
439	436		415 (i) order a period of incarceration that is consistent with the guidelines established by
440	437		416the Utah Sentencing Commission in accordance with Subsection 63M-7-404(4);
441	438		417 (ii) order a period of incarceration that deviates from the guidelines with an
442	439		418explanation for the deviation on the record;
443	440		419 (iii) order treatment services that are immediately available in the community for a
444	441		420defendant that needs substance abuse or mental health treatment, as determined by a screening
445	442		421and assessment;
446	443		422 (iv) execute the sentence previously imposed; or
447	444		423 (v) order any other appropriate sanction.
448	445		424 (c) If the defendant had, before the imposition of a term of incarceration or the
449	446		425execution of the previously imposed sentence under this section, served time in jail as a term of
450	447		426probation or due to a violation of probation, the time that the defendant served in jail
451	448		427constitutes service of time toward the sentence previously imposed.
452		-	428 (5) (a) Any time served by a defendant:
	449	+	428 (5) (a) Any time served by a defendant: 01-23-23 12:06 PM 2nd Sub. (Gray) H.B. 50
	450	+	- 15 -
453	451		429 (i) outside of confinement after having been charged with a probation violation, and
454	452		430before a hearing to revoke probation, does not constitute service of time toward the total
455	453		431probation term, unless the defendant is exonerated at a hearing to revoke the defendant's
456	454		432probation;
457		-	433 (ii) in confinement awaiting a hearing or a decision concerning revocation of the Enrolled Copy H.B. 50
458		-	- 17 -
	455	+	433 (ii) in confinement awaiting a hearing or a decision concerning revocation of the
459	456		434defendant's probation does not constitute service of time toward the total probation term, unless
460	457		435the defendant is exonerated at the hearing to revoke probation; or
461	458		436 (iii) in confinement awaiting a hearing or a decision concerning revocation of the
462	459		437defendant's probation constitutes service of time toward a term of incarceration imposed as a
463	460		438result of the revocation of probation or a graduated and evidence-based response imposed
464	461		439under the guidelines established by the Utah Sentencing Commission in accordance with
465	462		440Section 63M-7-404.
466	463		441 (b) The running of the probation period is tolled upon:
467	464		442 (i) the filing of a report with the court alleging a violation of the terms of the
468	465		443defendant's probation; or
469	466		444 (ii) the issuance of an order or a warrant under Subsection (3).
470	467		445 Section 6. Section 77-18-114 is amended to read:
471	468		446 77-18-114. Unpaid balance at termination of sentence -- Past due account --
472	469		447Notice -- Account or judgment paid in full -- Effect of civil accounts receivable and civil
473	470		448judgment of restitution.
474	471		449 (1) When a defendant's sentence is terminated by law or by the decision of the court or
475	472		450the board:
476	473		451 (a) the board shall provide an accounting of the unpaid balance of the defendant's
477	474		452criminal accounts receivable to the court if the defendant was on parole or incarcerated at the
478	475		453time of termination; and
479	476		454 (b) except as provided in Subsection 77-18-118(1)(g), within 90 days after the day on
480	477		455which a defendant's sentence is terminated, the court shall:
481	478		456 (i) enter an order for a civil accounts receivable and a civil judgment of restitution for a
482	479		457defendant on the civil judgment docket;
483	480		458 (ii) transfer the responsibility of collecting the civil accounts receivable and the civil
484		-	459judgment of restitution to the Office of State Debt Collection; and
485		-	460 (iii) identify in the order under this Subsection (1): H.B. 50
486		-	Enrolled Copy
487		-	- 18 -
	481	+	459judgment of restitution to the Office of State Debt Collection; and 2nd Sub. (Gray) H.B. 50 01-23-23 12:06 PM
	482	+	- 16 -
	483	+	460 (iii) identify in the order under this Subsection (1):
488	484		461 (A) the Office of State Debt Collection as a judgment creditor for the civil accounts
489	485		462receivable and the civil judgment of restitution; and
490	486		463 (B) the victim as a judgment creditor for the civil judgment of restitution.
491	487		464 (2) If a criminal accounts receivable for the defendant is more than 90 days past due
492	488		465and the court has ordered that a defendant does not owe restitution to any victim, or the time
493	489		466period in Subsection 77-38b-205(5) has passed and the court has not ordered restitution, the
494	490		467court may:
495	491		468 (a) enter an order for a civil accounts receivable for the defendant on the civil judgment
496	492		469docket;
497	493		470 (b) identify, in the order under Subsection (2)(a), the Office of State Debt Collection as
498	494		471a judgment creditor for the civil accounts receivable; and
499	495		472 (c) transfer the responsibility of collecting the civil accounts receivable to the Office of
500	496		473State Debt Collection.
501	497		474 (3) An order for a criminal accounts receivable is no longer in effect after the court
502	498		475enters an order for a civil accounts receivable or a civil judgment of restitution under
503	499		476Subsection (1) or (2).
504	500		477 (4) The court shall provide notice to the Office of State Debt Collection and the
505	501		478prosecuting attorney of any hearing that affects an order for the civil accounts receivable or the
506	502		479civil judgment of restitution.
507	503		480 (5) The Office of State Debt Collection shall notify the court when a civil judgment of
508	504		481restitution or a civil accounts receivable is satisfied.
509	505		482 (6) When a fine, forfeiture, surcharge, cost, or fee is recorded in an order for a civil
510	506		483accounts receivable on the civil judgment docket, or when restitution is recorded as an order
511	507		484for a civil judgment of restitution on the civil judgment docket, the order:
512	508		485 (a) constitutes a lien on the defendant's real property until the judgment is satisfied; and
513	509		486 (b) may be collected by any means authorized by law for the collection of a civil
514		-	487judgment. Enrolled Copy H.B. 50
515		-	- 19 -
	510	+	487judgment.
516	511		488 (7) A criminal accounts receivable, a civil accounts receivable, and a civil judgment of
517	512		489restitution are not subject to the civil statutes of limitation and expire only upon payment in
518		-	490full.
	513	+	490full. 01-23-23 12:06 PM 2nd Sub. (Gray) H.B. 50
	514	+	- 17 -
519	515		491 (8) (a) If a defendant asserts that a payment was made to a victim or third party for a
520	516		492civil judgment of restitution, or enters into any other transaction that does not involve the
521	517		493Office of State Debt Collection, and the defendant asserts that the payment results in a credit
522	518		494towards the civil judgment of restitution for the defendant:
523	519		495 (i) the defendant shall provide notice to the Office of State Debt Collection and the
524	520		496prosecuting attorney within 30 days after the day on which the payment or other transaction is
525	521		497made; and
526	522		498 (ii) the payment may only be credited towards [the principal of] the civil judgment of
527	523		499restitution and does not affect any other amount owed to the Office of State Debt Collection
528	524		500under Section 63A-3-502.
529	525		501 (b) Nothing in this Subsection (8) shall be construed to prevent a victim or a third party
530	526		502from providing notice of a payment towards a civil judgment of restitution to the Office of
531	527		503State Debt Collection.
532	528		504 Section 7. Section 77-20-302 is amended to read:
533	529		505 77-20-302. Grounds for detaining defendant while appealing the defendant's
534	530		506conviction -- Conditions for release while on appeal.
535	531		507 (1) The court shall order that a defendant who has been found guilty of an offense in a
536	532		508court of record and sentenced to a term of imprisonment in jail or prison, and who has filed an
537	533		509appeal or a petition for a writ of certiorari, be detained, unless the court finds:
538	534		510 (a) the appeal raises a substantial question of law or fact likely to result in:
539	535		511 (i) reversal;
540	536		512 (ii) an order for a new trial; or
541	537		513 (iii) a sentence that does not include a term of imprisonment in jail or prison;
542		-	514 (b) the appeal is not for the purpose of delay; and H.B. 50
543		-	Enrolled Copy
544		-	- 20 -
	538	+	514 (b) the appeal is not for the purpose of delay; and
545	539		515 (c) by clear and convincing evidence presented by the defendant, that the defendant:
546	540		516 (i) is not likely to flee the jurisdiction of the court if released; and
547	541		517 (ii) will not pose a danger to the physical, psychological, or financial and economic
548	542		518safety or well-being of any other person or the community if released.
549	543		519 (2) (a) If the court makes a finding under Subsection (1) that justifies not detaining the
550	544		520defendant, the court shall order the release of the defendant, subject to only conditions of
551		-	521release that are reasonably available and necessary to reasonably ensure the appearance of the
	545	+	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
	546	+	- 18 -
552	547		522defendant as required and the safety of any other individual, property, and the community.
553	548		523 (b) The conditions under Subsection (2)(a) may include conditions described in
554	549		524Subsection 77-20-205(4).
555	550		525 (c) The court may, in the court's discretion, amend an order granting release to impose
556	551		526additional or different conditions of release.
557	552		527 (3) If the defendant is found guilty of an offense in a court not of record and files a
558	553		528timely notice of appeal in accordance with Subsection [78A-7-118(1)] 78A-7-118(2) for a trial
559	554		529de novo, the court shall stay all terms of a sentence, unless at the time of sentencing the judge
560	555		530finds by a preponderance of the evidence that the defendant poses a danger to another person or
561	556		531the community.
562	557		532 (4) If a stay is ordered, the court may order postconviction restrictions on the
563	558		533defendant's conduct as appropriate, including:
564	559		534 (a) continuation of any pretrial restrictions or orders;
565	560		535 (b) sentencing protective orders under Section 78B-7-804;
566	561		536 (c) drug and alcohol use;
567	562		537 (d) use of an ignition interlock; and
568	563		538 (e) posting appropriate monetary bail.
569	564		539 (5) The provisions of Subsections (3) and (4) do not apply to convictions for an offense
570	565		540under Title 41, Chapter 6a, Part 5, Driving Under the Influence and Reckless Driving.
571		-	541 (6) Any stay authorized by Subsection (3) is lifted upon the dismissal of the appeal by Enrolled Copy H.B. 50
572		-	- 21 -
	566	+	541 (6) Any stay authorized by Subsection (3) is lifted upon the dismissal of the appeal by
573	567		542the district court.
574	568		543 Section 8. Section 77-38b-102 is amended to read:
575	569		544 77-38b-102. Definitions.
576	570		545 As used in this chapter:
577	571		546 (1) "Civil accounts receivable" means the same as that term is defined in Section
578	572		54777-32b-102.
579	573		548 (2) "Civil judgment of restitution" means the same as that term is defined in Section
580	574		54977-32b-102.
581	575		550 (3) (a) "Conviction" means:
582	576		551 (i) a plea of:
583		-	552 (A) guilty;
	577	+	552 (A) guilty; 01-23-23 12:06 PM 2nd Sub. (Gray) H.B. 50
	578	+	- 19 -
584	579		553 (B) guilty with a mental illness; or
585	580		554 (C) no contest; or
586	581		555 (ii) a judgment of:
587	582		556 (A) guilty; or
588	583		557 (B) guilty with a mental illness.
589	584		558 (b) "Conviction" does not include:
590	585		559 (i) a plea in abeyance until a conviction is entered for the plea in abeyance;
591	586		560 (ii) a diversion agreement; or
592	587		561 (iii) an adjudication of a minor for an offense under Section 80-6-701.
593	588		562 (4) "Criminal accounts receivable" means the same as that term is defined in Section
594	589		56377-32b-102.
595	590		564 (5) "Criminal conduct" means:
596	591		565 (a) any misdemeanor or felony offense of which the defendant is convicted; or
597	592		566 (b) any other criminal behavior for which the defendant admits responsibility to the
598	593		567[sentencing] court with or without an admission of committing the criminal behavior.
599		-	568 (6) (a) "Defendant" means an individual who has been convicted of, or entered into a H.B. 50
600		-	Enrolled Copy
601		-	- 22 -
	594	+	568 (6) (a) "Defendant" means an individual who has been convicted of, or entered into a
602	595		569plea disposition for, criminal conduct.
603	596		570 (b) "Defendant" does not include a minor, as defined in Section 80-1-102, who is
604	597		571adjudicated, or enters into a nonjudicial adjustment, for any offense under Title 80, Chapter 6,
605	598		572Juvenile Justice.
606	599		573 (7) "Department" means the Department of Corrections.
607	600		574 (8) "Diversion agreement" means an agreement entered into by the prosecuting
608	601		575attorney and the defendant that suspends criminal proceedings before conviction on the
609	602		576condition that a defendant agree to participate in a rehabilitation program, pay restitution to the
610	603		577victim, or fulfill some other condition.
611	604		578 (9) "Office" means the Office of State Debt Collection created in Section 63A-3-502.
612	605		579 [(10) "Party" means the prosecuting attorney, the defendant, or the department
613	606		580involved in a prosecution.]
614	607		581 [(11)] (10) "Payment schedule" means the same as that term is defined in Section
615	608		58277-32b-102.
616		-	583 [(12)] (11) (a) "Pecuniary damages" means all demonstrable economic injury, losses,
	609	+	583 [(12)] (11) (a) "Pecuniary damages" means all demonstrable economic injury, losses, 2nd Sub. (Gray) H.B. 50 01-23-23 12:06 PM
	610	+	- 20 -
617	611		584and expenses regardless of whether the economic injury, losses, and expenses have yet been
618	612		585incurred.
619	613		586 (b) "Pecuniary damages" does not include punitive damages or pain and suffering
620	614		587damages.
621	615		588 [(13)] (12) "Plea agreement" means an agreement entered between the prosecuting
622	616		589attorney and the defendant setting forth the special terms and conditions and criminal charges
623	617		590upon which the defendant will enter a plea of guilty or no contest.
624	618		591 [(14)] (13) "Plea disposition" means an agreement entered into between the
625	619		592prosecuting attorney and the defendant including a diversion agreement, a plea agreement, a
626	620		593plea in abeyance agreement, or any agreement by which the defendant may enter a plea in any
627	621		594other jurisdiction or where charges are dismissed without a plea.
628		-	595 [(15)] (14) "Plea in abeyance" means an order by a court, upon motion of the Enrolled Copy H.B. 50
629		-	- 23 -
	622	+	595 [(15)] (14) "Plea in abeyance" means an order by a court, upon motion of the
630	623		596prosecuting attorney and the defendant, accepting a plea of guilty or of no contest from the
631	624		597defendant but not, at that time, entering judgment of conviction against the defendant nor
632	625		598imposing sentence upon the defendant on condition that the defendant comply with specific
633	626		599conditions as set forth in a plea in abeyance agreement.
634	627		600 [(16)] (15) "Plea in abeyance agreement" means an agreement entered into between the
635	628		601prosecuting attorney and the defendant setting forth the specific terms and conditions upon
636	629		602which, following acceptance of the agreement by the court, a plea may be held in abeyance.
637	630		603 [(17)] (16) "Restitution" means the payment of pecuniary damages to a victim.
638	631		604 [(18)] (17) (a) "Victim" means any person who has suffered pecuniary damages that are
639	632		605proximately caused by the criminal conduct of the defendant.
640	633		606 (b) "Victim" includes:
641	634		607 (i) the Utah Office for Victims of Crime if the Utah Office for Victims of Crime makes
642	635		608a payment to, or on behalf of, a victim under Section 63M-7-519;
643	636		609 (ii) the estate of a deceased victim; and
644	637		610 (iii) a parent, spouse, intimate partner as defined in 18 U.S.C. Sec. 921, child, or
645	638		611sibling of a victim.
646	639		612 (c) "Victim" does not include a codefendant or accomplice.
647	640		613 Section 9. Section 77-38b-201 is amended to read:
648		-	614 77-38b-201. Law enforcement responsibility for collecting restitution
	641	+	614 77-38b-201. Law enforcement responsibility for collecting restitution 01-23-23 12:06 PM 2nd Sub. (Gray) H.B. 50
	642	+	- 21 -
649	643		615information.
650		-	616 (1) A law enforcement agency investigating criminal conduct that would ~~constitute a~~
651		-	~~617felony~~ or a misdemeanor shall include [all] information about restitution for any ~~potential~~
652		-	~~618victim~~ in the investigative report or the citation, including information about[:] ~~whether a claim~~
653		-	~~619for~~ restitution may exist.
	644	+	616 (1) A law enforcement agency investigating criminal conduct that would
	645	+	617constitute a felony or a misdemeanor shall include [all] information about restitution for any
	646	+	618potential victim in the investigative report or the citation, including information about[:]
	647	+	619whether a claim for restitution may exist.
654	648		620 [(1) whether a claim for restitution exists;]
655	649		621 (2) A law enforcement agency shall also include in the investigative report:
656		-	622 (a) the basis for the claim for restitution; and H.B. 50
657		-	Enrolled Copy
658		-	- 24 -
	650	+	622 (a) the basis for the claim for restitution; and
659	651		623 [(3)] (b) the estimated or actual amount of the claim for restitution.
660	652		624 Section 10. Section 77-38b-205 is amended to read:
661	653		625 77-38b-205. Order for restitution.
662	654		626 (1) (a) [(i)] If a defendant is convicted, as defined in Section 76-3-201, the court shall
663	655		627order a defendant, as part of the sentence imposed under Section 76-3-201, to pay restitution to
664	656		628all victims:
665	657		629 [(A)] (i) in accordance with the terms of any plea agreement in the case; or
666	658		630 [(B)] (ii) for the entire amount of pecuniary damages that are proximately caused to
667	659		631each victim by the criminal conduct of the defendant.
668	660		632 [(ii) In determining the amount of pecuniary damages under Subsection (1)(a)(i)(B),
669	661		633the court shall consider all relevant facts to establish an amount that fully compensates a victim
670	662		634for all pecuniary damages proximately caused by the criminal conduct of the defendant.]
671	663		635 [(iii) The court shall enter the determination of the amount of restitution under
672	664		636Subsection (1)(a)(ii) as a finding on the record.]
673	665		637 (b) If a court enters a plea in abeyance or a diversion agreement for a defendant that
674	666		638includes an agreement to pay restitution, the court shall order the defendant to pay restitution to
675	667		639all victims:
676	668		640 (i) in accordance with the terms of the plea in abeyance or the diversion agreement[.];
677	669		641or
678	670		642 (ii) if the terms of the plea in abeyance include an agreement between the parties that
679	671		643restitution will be determined by the court as described in Section 77-2a-3, for the entire
680	672		644amount of pecuniary damages that are proximately caused to each victim by the criminal
681		-	645conduct of the defendant.
	673	+	645conduct of the defendant. 2nd Sub. (Gray) H.B. 50 01-23-23 12:06 PM
	674	+	- 22 -
682	675		646 (c) In determining the amount of pecuniary damages under Subsection (1)(a)(ii) or
683	676		647(b)(ii), the court shall consider all relevant facts to establish an amount that fully compensates a
684	677		648victim for all pecuniary damages proximately caused by the criminal conduct of the defendant.
685		-	649 (d) The court shall enter the determination of the amount of restitution under Enrolled Copy H.B. 50
686		-	- 25 -
	678	+	649 (d) The court shall enter the determination of the amount of restitution under
687	679		650Subsection (1)(a)(ii) or (b)(ii) as a finding on the record.
688	680		651 (2) [(a)] Upon an order for a defendant to pay restitution under Subsection (1), the
689	681		652court shall:
690	682		653 [(i)] (a) enter an order to establish a criminal accounts receivable as described in
691	683		654Section 77-32b-103; and
692	684		655 [(ii)] (b) establish a payment schedule for the criminal accounts receivable as described
693	685		656in Section 77-32b-103.
694	686		657 (3) If the defendant objects to [the order for restitution or the payment schedule] a
695	687		658request for restitution, the court shall allow the defendant to have a hearing on the issue, unless
696	688		659the issue is addressed at the sentencing hearing for the defendant.
697	689		660 (4) If a court does not enter an order for restitution at sentencing, the court shall
698	690		661schedule a hearing to enter an order for restitution, unless:
699	691		662 (a) the court finds as a matter of law that there is no victim in the case; or
700	692		663 (b) the prosecuting attorney certifies to the court, on the record, that:
701	693		664 (i) the prosecuting attorney has consulted with all victims, including the Utah Office
702	694		665for Victims of Crime; and
703	695		666 (ii) all victims, including the Utah Office for Victims of Crime, are not seeking
704	696		667restitution.
705	697		668 [(4) (a) For a defendant who is sentenced after July 1, 2021, if no restitution is ordered
706	698		669at sentencing, the court shall schedule a hearing to determine restitution, unless the parties
707	699		670waive the hearing in accordance with Subsection (4)(b).]
708	700		671 [(b) The parties may only waive a hearing under Subsection (4)(a) if:]
709	701		672 [(i) the parties have stipulated to the amount of restitution owed; or]
710	702		673 [(ii) the prosecuting attorney certifies that the prosecuting attorney has consulted with
711	703		674the victim, including the Utah Office for Victims of Crime, and the defendant owes no
712	704		675restitution.]
713		-	676 [(c) The court may not enter an order for restitution without a statement from the H.B. 50
714		-	Enrolled Copy
715		-	- 26 -
	705	+	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
	706	+	- 23 -
716	707		677prosecuting attorney that the prosecuting attorney has consulted with the victim, including the
717	708		678Utah Office for Victims of Crime.]
718	709		679 [(d) If the court does not enter an order for restitution in a hearing under Subsection
719	710		680(4)(a), the court shall:]
720	711		681 [(i) state, on the record, why the court did not enter an order for restitution; and]
721	712		682 [(ii) order a continuance of the hearing.]
722	713		683 (5) (a) A court shall enter an order for restitution in a defendant's case no later than the
723	714		684earlier of:
724	715		685 [(a)] (i) the termination of the defendant's sentence, including early termination of the
725	716		686defendant's sentence; or
726	717		687 [(b)] (ii) [(i)] (A) if the defendant is convicted and imprisoned for a first degree felony,
727	718		688within seven years after the day on which the court sentences the defendant for the first degree
728	719		689felony conviction; or
729	720		690 [(ii)] (B) except as provided in Subsection [(5)(b)(i)] (5)(a)(ii)(A), and if the defendant
730	721		691is convicted of a felony, within three years after the day on which the court sentences the
731	722		692defendant for the felony conviction[; and].
732	723		693 [(iii) if the defendant is convicted of a misdemeanor, within one year after the day on
733	724		694which the court sentences the defendant for the misdemeanor conviction.]
734	725		695 (b) A request for restitution that is made within the time period described in Subsection
735	726		696(5)(a) tolls the time for which the court must enter an order for restitution under Subsection
736	727		697(5)(a) but does not extend the term of the defendant's probation or period of incarceration.
737	728		698 (6) (a) If a court does not order restitution at sentencing or at a hearing described in
738	729		699Subsection (4), the prosecuting attorney or the victim may file a motion for restitution within
739	730		700the time periods described in Subsection (5).
740	731		701 (b) If the defendant receives notice and does not object to a motion for restitution, the
741	732		702court may order restitution without a hearing.
742		-	703 (c) If the defendant receives notice and objects to a motion for restitution, the court Enrolled Copy H.B. 50
743		-	- 27 -
	733	+	703 (c) If the defendant receives notice and objects to a motion for restitution, the court
744	734		704may schedule a hearing to determine whether restitution should be ordered if the prosecuting
745	735		705attorney or victim shows good cause.
746	736		706 [(6)] (7) [(a)] Upon a motion from the prosecuting attorney or the victim within the
747		-	707time periods described in Subsection (5), the court may modify an existing order of restitution,
	737	+	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
	738	+	- 24 -
748	739		708including the amount of pecuniary damages owed by the defendant in the order for restitution,
749	740		709if the prosecuting attorney or the victim shows good cause for modifying the order.
750	741		710 [(b) A motion under Subsection (6)(a) shall be brought within the time periods
751	742		711described in Subsection (5).]
752	743		712 Section 11. Section 77-38b-301 is amended to read:
753	744		713 77-38b-301. Entry of a civil judgment of restitution and civil accounts receivable
754	745		714-- Continuation of the criminal action -- Interest -- Delinquency.
755	746		715 (1) As used in this section, "civil judgment" means an order for:
756	747		716 (a) a civil judgment of restitution; or
757	748		717 (b) a civil accounts receivable.
758	749		718 (2) [(a)] If the court has entered a civil judgment on the civil judgment docket under
759	750		719Section 77-18-114, the civil judgment is enforceable under the Utah Rules of Civil Procedure.
760	751		720 [(b) (i) Notwithstanding Subsection (2)(a):]
761	752		721 [(A) a judgment is an obligation that arises out of the defendant's criminal case;]
762	753		722 [(B) civil enforcement of a judgment shall be construed as a continuation of the
763	754		723criminal action for which the judgment arises; and]
764	755		724 [(C) a judgment is criminal in nature.]
765	756		725 [(ii) Civil enforcement of a judgment does not divest a defendant of an obligation
766	757		726imposed in a criminal action as part of the defendant's punishment for an offense.]
767	758		727 (3) (a) Notwithstanding Sections 77-18-114, 78B-2-311, and 78B-5-202, a civil
768	759		728judgment shall expire only upon payment in full, including any applicable interest, collection
769	760		729fees, attorney fees, and liens that directly result from the civil judgment.
770		-	730 (b) Interest on a civil judgment may only accrue from the day on which the civil H.B. 50
771		-	Enrolled Copy
772		-	- 28 -
	761	+	730 (b) Interest on a civil judgment may only accrue from the day on which the civil
773	762		731judgment is entered on the civil judgment docket by the court.
774	763		732 (c) This Subsection (3) applies to all civil judgments that are not paid in full on or
775	764		733before May 12, 2009.
776	765		734 (4) A civil judgment is considered entered on the civil judgment docket when the civil
777	766		735judgment appears on the civil judgment docket with:
778	767		736 (a) an amount owed by the defendant;
779	768		737 (b) the name of the defendant as the judgment debtor; and
780		-	738 (c) the name of the judgment creditors described in Subsections 77-18-114(1)(b)(iii)
	769	+	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
	770	+	- 25 -
781	771		739and (2)(b).
782	772		740 (5) If a civil judgment [of restitution] becomes delinquent, or is in default, and upon a
783	773		741motion from a judgment creditor, the court may order the defendant to appear and show cause
784	774		742why the defendant should not be held in contempt under Section 78B-6-317 for the
785	775		743delinquency or the default.
786	776		744 (6) Notwithstanding any other provision of law:
787	777		745 (a) a civil judgment is an obligation that arises out of a defendant's criminal case;
788	778		746 (b) a civil judgment is criminal in nature;
789	779		747 (c) the civil enforcement of a civil judgment shall be construed as a continuation of the
790	780		748criminal action for which the civil judgment arises; and
791	781		749 (d) the civil enforcement of a civil judgment does not divest a defendant of an
792	782		750obligation imposed as part of the defendant's punishment in a criminal action.
793	783		751 Section 12. Section 77-38b-303 is amended to read:
794	784		752 77-38b-303. Effect of civil action or settlement for criminal conduct-- Issue
795	785		753preclusion -- Crediting payments.
796	786		754 [(1) A provision under this part concerning restitution does not]
797	787		755 (1) As used in this section:
798	788		756 (a) "Civil settlement" or "settlement" means an agreement entered into between a
799		-	757victim and a defendant that settles all the claims that a victim may bring in a civil action Enrolled Copy H.B. 50
800		-	- 29 -
	789	+	757victim and a defendant that settles all the claims that a victim may bring in a civil action
801	790		758against the defendant for the defendant's criminal conduct.
802	791		759 (b) "Civil settlement" or "settlement" does not include an agreement that settles a civil
803	792		760judgment of restitution or a civil accounts receivable for a defendant.
804	793		761 (2) Nothing in this chapter shall be construed to limit or impair the right of a [person
805	794		762injured by a defendant's criminal conduct] victim to sue and recover damages from the
806	795		763defendant in a civil action.
807	796		764 [(2)] (3) (a) A court's finding on the amount of restitution owed by a defendant under
808	797		765Subsection [77-38b-205(1)(a)(iii)] 77-38b-205(1)(d) may be used in a civil action pertaining to
809	798		766the defendant's liability to a victim as presumptive proof of the victim's pecuniary damages that
810	799		767are proximately caused by the defendant's criminal conduct.
811	800		768 (b) If a conviction in a criminal trial decides the issue of a defendant's liability for
812		-	769pecuniary damages suffered by a victim, the issue of the defendant's liability for pecuniary
	801	+	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
	802	+	- 26 -
813	803		770damages is conclusively determined as to the defendant if the issue is involved in a subsequent
814	804		771civil action.
815	805		772 (c) (i) Except as provided in Subsection [(2)(c)(ii)] (3)(c)(ii), if a defendant is
816	806		773convicted of a misdemeanor or felony offense, the defendant is precluded from subsequently
817	807		774denying the essential allegations of the offense in a subsequent civil action brought against the
818	808		775defendant for the criminal conduct underlying the offense.
819	809		776 (ii) Subsection [(2)(c)(i)] (3)(c)(i) does not apply if the offense is a class C
820	810		777misdemeanor under Title 41, Chapter 6a, Traffic Code, or the defendant entered a plea of no
821	811		778contest for the offense.
822	812		779 (4) If a civil action brought by a victim against a defendant results in a civil judgment
823	813		780for the defendant's criminal conduct or there is a civil settlement entered into between a victim
824	814		781and defendant for the defendant's criminal conduct, the civil judgment or settlement does not
825	815		782limit or preclude:
826	816		783 (a) the sentencing court from entering an order of restitution against the defendant in
827		-	784accordance with this chapter; or H.B. 50
828		-	Enrolled Copy
829		-	- 30 -
	817	+	784accordance with this chapter; or
830	818		785 (b) the civil enforcement of a civil judgment of restitution by the office or the victim.
831	819		786 [(3)] (5) (a) The sentencing court shall credit any payment [in favor of the] made to a
832	820		787victim in a civil action for the defendant's criminal conduct toward the amount of restitution
833	821		788owed by the defendant to the victim.
834	822		789 (b) In a civil action, a court shall credit any restitution paid by the defendant to a victim
835	823		790for the defendant's criminal conduct towards the victim against any judgment that is in favor of
836	824		791the victim for the civil action.
837	825		792 (c) If a victim receives payment from the defendant for the civil action, the victim shall
838	826		793provide notice to the sentencing court and the court in the civil action of the payment within 30
839	827		794days after the day on which the victim receives the payment.
840	828		795 [(d) Nothing in this section shall prevent a defendant from providing proof of payment
841	829		796to the court or the office.]
842	830		797 [(4)] (6) (a) If a victim prevails in a civil action against a defendant, the court shall
843	831		798award reasonable attorney fees and costs to the victim.
844	832		799 (b) If the defendant prevails in the civil action, the court shall award reasonable costs to
845		-	800the defendant if the court finds that the victim brought the civil action for an improper purpose,
	833	+	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
	834	+	- 27 -
846	835		801including to harass the defendant or to cause unnecessary delay or needless increase in the cost
847	836		802of litigation.
848	837		803 (7) (a) The sentencing court shall credit any payment made to a victim as part of a civil
849	838		804settlement toward the amount of restitution owed by the defendant to the victim if the
850	839		805sentencing court determines that the payment compensates the victim for pecuniary damages
851	840		806proximately caused by the defendant's criminal conduct.
852	841		807 (b) If a victim receives a payment from the defendant as part of a civil settlement, the
853	842		808victim shall provide notice to the sentencing court within 30 days after the day on which the
854	843		809victim receives the payment.
855	844		810 (8) Nothing in this section shall prevent a defendant from providing proof of payment
856		-	811to the court or the office. Enrolled Copy H.B. 50
857		-	- 31 -
	845	+	811to the court or the office.
858	846		812 Section 13. Section 77-38b-304 is amended to read:
859	847		813 77-38b-304. Priority of payment disbursement.
860	848		814 (1) The court, or the office, shall disburse a payment for restitution within 60 days after
861	849		815the day on which the payment is received from the defendant if:
862	850		816 (a) the victim has complied with Subsection 77-38b-203(2);
863	851		817 (b) if the defendant has tendered a negotiable instrument, funds from the financial
864	852		818institution are actually received; [and]
865	853		819 (c) the payment to the victim is at least [$5] $25, unless the payment is the final
866	854		820payment[.]; and
867	855		821 (d) there is no pending legal issue that would affect an order for restitution or the
868	856		822distribution of restitution.
869	857		823 (2) The court[, or the office,] shall disburse money collected from a defendant for a
870	858		824criminal accounts receivable in the following order of priority:
871	859		825 (a) first, and except as provided in Subsection (4)(b), to restitution owed by the
872	860		826defendant in accordance with Subsection (4);
873	861		827 (b) second, to the cost of obtaining a DNA specimen from the defendant as described
874	862		828in Subsection (4)(b);
875	863		829 (c) third, to any criminal fine or surcharge owed by the defendant;
876	864		830 (d) fourth, to the cost owed by the defendant for a reward described in Section
877		-	83177-32b-104;
	865	+	83177-32b-104; 2nd Sub. (Gray) H.B. 50 01-23-23 12:06 PM
	866	+	- 28 -
878	867		832 (e) fifth, to the cost owed by the defendant for medical care, treatment, hospitalization,
879	868		833and related transportation paid by a county correctional facility under Section 17-50-319; and
880	869		834 (f) sixth, to any other [cost] amount owed by the defendant.
881	870		835 (3) [Subject to Subsection (5), the office shall disburse] When the office collects
882	871		836money [collected] from a defendant for a criminal accounts receivable, a civil accounts
883	872		837receivable [and], or a civil judgment of restitution, the office shall disburse the money in the
884		-	838following order of priority: H.B. 50
885		-	Enrolled Copy
886		-	- 32 -
	873	+	838following order of priority:
887	874		839 (a) first, to any past due amount owed to the department for the monthly supervision
888	875		840fee under Subsection 64-13-21(6)(a);
889	876		841 (b) second, and except as provided in Subsection (4)(b), to restitution owed by the
890	877		842defendant in accordance with Subsection (4);
891	878		843 (c) third, to the cost of obtaining a DNA specimen from the defendant in accordance
892	879		844with Subsection (4)(b);
893	880		845 (d) fourth, to any criminal fine or surcharge owed by the defendant;
894	881		846 (e) fifth, to the cost owed by the defendant for a reward described in Section
895	882		84777-32b-104;
896	883		848 (f) sixth, to the cost owed by the defendant for medical care, treatment, hospitalization
897	884		849and related transportation paid by a county correctional facility under Section 17-50-319; and
898	885		850 (g) seventh, to any other [cost] amount owed by the defendant.
899	886		851 (4) (a) [Subject to Subsection (5), if] If a defendant owes restitution to more than one
900	887		852person or government agency at the same time, the court, or the office, shall disburse a
901	888		853payment for restitution in the following order of priority:
902	889		854 (i) first, to the victim of the offense;
903	890		855 (ii) second, to the Utah Office for Victims of Crime;
904	891		856 (iii) third, any other government agency that has provided reimbursement to the victim
905	892		857as a result of the defendant's criminal conduct; and
906	893		858 (iv) fourth, any insurance company that has provided reimbursement to the victim as a
907	894		859result of the defendant's criminal conduct.
908	895		860 (b) [Subject to Subsection (5), if] If a defendant is required under Section 53-10-404 to
909	896		861reimburse the department for the cost of obtaining the defendant's DNA specimen, the
910		-	862reimbursement for the cost of obtaining the defendant's DNA specimen is the next priority after
	897	+	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
	898	+	- 29 -
911	899		863restitution to the victim of the offense under Subsection (4)(a)(i).
912	900		864 (c) If a defendant is required to pay restitution to more than one victim, the court or the
913		-	865office shall disburse a payment for restitution proportionally to each victim. Enrolled Copy H.B. 50
914		-	- 33 -
	901	+	865office shall disburse a payment for restitution proportionally to each victim.
915	902		866 [(c) Subject to Subsection (5), if the defendant is required to pay restitution to more
916	903		867than one victim, restitution shall be disbursed to each victim according to the percentage of
917	904		868each victim's share of the total order for restitution.]
918	905		869 (5) [The] Notwithstanding the requirements for the disbursement of a payment under
919	906		870Subsection (3) or (4), the office shall disburse money collected from a defendant to a debt that
920	907		871is a part of a civil accounts receivable or civil judgment of restitution if:
921	908		872 (a) a defendant has provided a written request to the office to apply the payment to the
922	909		873debt; and
923	910		874 (b) (i) the payment will eliminate the entire balance of the debt, including any interest;
924	911		875or
925	912		876 (ii) after reaching a settlement, the payment amount will eliminate the entire agreed
926	913		877upon balance of the debt, including any interest.
927	914		878 (6) For a criminal accounts receivable, the department shall collect the current and past
928	915		879due amount owed by a defendant for the monthly supervision fee under Subsection
929	916		88064-13-21(6)(a) until the court enters a civil accounts receivable on the civil judgment docket
930	917		881under Section 77-18-114.
931	918		882 (7) Notwithstanding any other provision of this section:
932	919		883 (a) the office may collect a fee, as described in Subsection 63A-3-502(4), from each
933	920		884payment for a criminal accounts receivable, a civil accounts receivable, or a civil judgment of
934	921		885restitution before disbursing the payment as described in this section; and
935	922		886 (b) the office shall apply any payment collected through garnishment to the case for
936	923		887which the garnishment was issued.
937	924		888 Section 14. Section 78A-7-118 is amended to read:
938	925		889 78A-7-118. Appeals from justice court -- Trial or hearing de novo in district
939	926		890court.
940		-	891 (1) As used in this section:
941		-	892 (a) "Restitution" means the same as that term is defined in Section 77-38b-102. H.B. 50
942		-	Enrolled Copy
943		-	- 34 -
944		-	893 (b) "Victim" means the same as that term is defined in Section 77-38b-102.
	927	+	891 (1) As used this in this section:
	928	+	892 (a) "Restitution" means the same as that term is defined in Section 77-38b-102.
	929	+	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
	930	+	- 30 -
945	931		894 [(1)] (2) In a criminal case, a defendant is entitled to a trial de novo in the district court
946	932		895only if the defendant files a notice of appeal within 28 days [of] after the day on which:
947	933		896 [(a) sentencing, except as provided in Subsection (4)(b); or]
948	934		897 [(b)] (a) except as provided in Subsection (5)(a)(ii), the justice court sentences the
949	935		898defendant; or
950	936		899 (b) the defendant enters a plea of guilty or no contest in the justice court that is held in
951	937		900abeyance.
952	938		901 [(2)] (3) Upon filing a proper notice of appeal, any term of a sentence imposed by the
953	939		902justice court [shall be] is stayed as provided for in Section 77-20-302 and the Utah Rules of
954	940		903Criminal Procedure.
955	941		904 [(3)] (4) If an appeal under Subsection [(1)] (2) is of a plea entered pursuant to
956	942		905negotiation with the prosecutor, and the defendant did not reserve the right to appeal as part of
957	943		906the plea negotiation, the negotiation is voided by the appeal.
958	944		907 [(4)] (5) (a) A defendant convicted and sentenced in the justice court is entitled to a
959	945		908hearing de novo in the district court [on the following matters, if the defendant files a notice of
960	946		909appeal within 28 days of] regarding:
961	947		910 [(a)] (i) an order revoking probation;
962	948		911 [(b)] (ii) [imposition of a sentence, following] a sentence after a determination that a
963	949		912defendant failed to fulfill the terms of a plea in abeyance agreement;
964	950		913 [(c)] (iii) an order denying a motion to withdraw a plea[,] if the plea is being held in
965	951		914abeyance and the motion to withdraw the plea is filed within 28 days [of the entry of the plea]
966	952		915after the day on which the plea is entered;
967	953		916 [(d)] (iv) [a postsentence order fixing total or court ordered] an order for restitution; or
968	954		917 [(e)] (v) an order denying expungement.
969	955		918 (b) A defendant seeking an appeal under Subsection (5)(a) shall file a notice of appeal
970		-	919within 28 days after the day on which the justice court enters the order or sentence. Enrolled Copy H.B. 50
971		-	- 35 -
	956	+	919within 28 days after the day on which the justice court enters the order or sentence.
972	957		920 (6) (a) A defendant who has entered into a plea in abeyance in the justice court is
973	958		921entitled to a hearing de novo in the district court on the determination by the justice court as to
974	959		922the amount of restitution owed by the defendant as a part of the plea in abeyance agreement.
975	960		923 (b) A defendant seeking an appeal under Subsection (6)(a) shall file a notice of appeal
976		-	924within 28 days after the day on which the justice court enters the order for restitution.
	961	+	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
	962	+	- 31 -
977	963		925 [(5) The]
978	964		926 (7) (a) A prosecutor is entitled to a hearing de novo in the district court [if an appeal is
979	965		927filed within 28 days of the court entering] regarding:
980	966		928 [(a)] (i) a final judgment of dismissal;
981	967		929 [(b)] (ii) an order arresting judgment;
982	968		930 [(c)] (iii) an order terminating the prosecution because of a finding of double jeopardy
983	969		931or denial of a speedy trial;
984	970		932 [(d)] (iv) a judgment holding invalid any part of a statute or ordinance;
985	971		933 [(e)] (v) a pretrial order excluding evidence[,] when the prosecutor certifies that
986	972		934exclusion of that evidence prevents continued prosecution of an infraction or class C
987	973		935misdemeanor;
988	974		936 [(f)] (vi) a pretrial order excluding evidence[,] when the prosecutor certifies that
989	975		937exclusion of that evidence impairs continued prosecution of a class B misdemeanor;
990	976		938 [(g)] (vii) an order granting a motion to withdraw a plea of guilty or no contest; or
991	977		939 [(h) an order fixing total restitution at an amount less than requested by a crime victim;
992	978		940or]
993	979		941 [(i)] (viii) an order granting an expungement[,] if the expungement was opposed by the
994	980		942prosecution or a victim before the order was entered.
995	981		943 (b) A prosecutor seeking an appeal under Subsection (7)(a) shall file a notice of appeal
996	982		944within 28 days after the day on which the justice court enters the order or judgment.
997	983		945 (8) (a) A prosecutor or a victim is entitled to a restitution hearing de novo in the district
998		-	946court regarding restitution if: H.B. 50
999		-	Enrolled Copy
1000		-	- 36 -
	984	+	946court regarding restitution if:
1001	985		947 (i) a request for restitution was made in the justice court; and
1002	986		948 (ii) the justice court:
1003	987		949 (A) failed to order the defendant to pay restitution to the victim; or
1004	988		950 (B) ordered the defendant to pay restitution in an amount less than requested.
1005	989		951 (b) A prosecutor or victim seeking an appeal under Subsection (8)(a) shall file a notice
1006	990		952of appeal within 28 days after the day on which the justice court:
1007	991		953 (i) failed to order the defendant to pay restitution; or
1008	992		954 (ii) ordered the defendant to pay restitution in an amount less than requested.
1009		-	955 [(6)] (9) Upon entering a decision in a hearing de novo, the district court shall remand
	993	+	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
	994	+	- 32 -
1010	995		956the case to the justice court unless:
1011	996		957 (a) the decision results in immediate dismissal of the case; or
1012	997		958 (b) the hearing de novo was on a pretrial order and the parties and the district court
1013	998		959agree to have the district court retain jurisdiction.
1014	999		960 [(7)] (10) The district court shall retain jurisdiction over the case on trial de novo.
1015	1000		961 [(8)] (11) The decision of the district court is final and may not be appealed unless the
1016	1001		962district court rules on the constitutionality of a statute or ordinance.