Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 184 (2015GS)

Sponsor

Rep. Wilson, B.

Final action

Governor Signed 3/25/2015

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• makes a victim's application for and receipt of reparations protected records under the Government Records Access and Management Act;
• allows the Utah Office for Victims of Crime to pursue restitution from a criminal offender by filing a claim directly with the sentencing court; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

VICTIM RESTITUTION AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Brad R. Wilson
Senate Sponsor: 
 Todd Weiler
LONG TITLE
General Description:
This bill makes changes to the Crime Victims Restitution Act.
Highlighted Provisions:
This bill:
▸ makes a victim's application for and receipt of reparations protected records under
the Government Records Access and Management Act;
▸ allows the Utah Office for Victims of Crime to pursue restitution from a criminal
offender by filing a claim directly with the sentencing court; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
63G-2-305
, as last amended by Laws of Utah 2014, Chapters 90 and 320
63M-7-503
, as last amended by Laws of Utah 2011, Chapter 131
76-3-201
, as last amended by Laws of Utah 2013, Chapter 74
77-38a-102
, as last amended by Laws of Utah 2005, Chapter 96
77-38a-401
, as last amended by Laws of Utah 2011, Chapter 37
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
63G-2-305
 is amended to read:
63G-2-305.
Protected records.
The following records are protected if properly classified by a governmental entity:
(1) trade secrets as defined in Section 
13-24-2
 if the person submitting the trade secret
has provided the governmental entity with the information specified in Section 
63G-2-309
;
(2) commercial information or nonindividual financial information obtained from a
person if:
(a) disclosure of the information could reasonably be expected to result in unfair
competitive injury to the person submitting the information or would impair the ability of the
governmental entity to obtain necessary information in the future;
(b) the person submitting the information has a greater interest in prohibiting access
than the public in obtaining access; and
(c) the person submitting the information has provided the governmental entity with
the information specified in Section 
63G-2-309
;
(3) commercial or financial information acquired or prepared by a governmental entity
to the extent that disclosure would lead to financial speculations in currencies, securities, or
commodities that will interfere with a planned transaction by the governmental entity or cause
substantial financial injury to the governmental entity or state economy;
(4) records, the disclosure of which could cause commercial injury to, or confer a
competitive advantage upon a potential or actual competitor of, a commercial project entity as
defined in Subsection 
11-13-103
(4);
(5) test questions and answers to be used in future license, certification, registration,
employment, or academic examinations;
(6) records, the disclosure of which would impair governmental procurement
proceedings or give an unfair advantage to any person proposing to enter into a contract or
agreement with a governmental entity, except, subject to Subsections (1) and (2), that this
Subsection (6) does not restrict the right of a person to have access to, after the contract or
grant has been awarded and signed by all parties, a bid, proposal, application, or other
information submitted to or by a governmental entity in response to:
(a) an invitation for bids;
(b) a request for proposals;
(c) a request for quotes;
(d) a grant; or
(e) other similar document;
(7) information submitted to or by a governmental entity in response to a request for
information, except, subject to Subsections (1) and (2), that this Subsection (7) does not restrict
the right of a person to have access to the information, after:
(a) a contract directly relating to the subject of the request for information has been
awarded and signed by all parties; or
(b) (i) a final determination is made not to enter into a contract that relates to the
subject of the request for information; and
(ii) at least two years have passed after the day on which the request for information is
issued;
(8) records that would identify real property or the appraisal or estimated value of real
or personal property, including intellectual property, under consideration for public acquisition
before any rights to the property are acquired unless:
(a) public interest in obtaining access to the information is greater than or equal to the
governmental entity's need to acquire the property on the best terms possible;
(b) the information has already been disclosed to persons not employed by or under a
duty of confidentiality to the entity;
(c) in the case of records that would identify property, potential sellers of the described
property have already learned of the governmental entity's plans to acquire the property;
(d) in the case of records that would identify the appraisal or estimated value of
property, the potential sellers have already learned of the governmental entity's estimated value
of the property; or
(e) the property under consideration for public acquisition is a single family residence
and the governmental entity seeking to acquire the property has initiated negotiations to acquire
the property as required under Section 
78B-6-505
;
(9) records prepared in contemplation of sale, exchange, lease, rental, or other
compensated transaction of real or personal property including intellectual property, which, if
disclosed prior to completion of the transaction, would reveal the appraisal or estimated value
of the subject property, unless:
(a) the public interest in access is greater than or equal to the interests in restricting
access, including the governmental entity's interest in maximizing the financial benefit of the
transaction; or
(b) when prepared by or on behalf of a governmental entity, appraisals or estimates of
the value of the subject property have already been disclosed to persons not employed by or
under a duty of confidentiality to the entity;
(10) records created or maintained for civil, criminal, or administrative enforcement
purposes or audit purposes, or for discipline, licensing, certification, or registration purposes, if
release of the records:
(a) reasonably could be expected to interfere with investigations undertaken for
enforcement, discipline, licensing, certification, or registration purposes;
(b) reasonably could be expected to interfere with audits, disciplinary, or enforcement
proceedings;
(c) would create a danger of depriving a person of a right to a fair trial or impartial
hearing;
(d) reasonably could be expected to disclose the identity of a source who is not
generally known outside of government and, in the case of a record compiled in the course of
an investigation, disclose information furnished by a source not generally known outside of
government if disclosure would compromise the source; or
(e) reasonably could be expected to disclose investigative or audit techniques,
procedures, policies, or orders not generally known outside of government if disclosure would
interfere with enforcement or audit efforts;
(11) records the disclosure of which would jeopardize the life or safety of an
individual;
(12) records the disclosure of which would jeopardize the security of governmental
property, governmental programs, or governmental recordkeeping systems from damage, theft,
or other appropriation or use contrary to law or public policy;
(13) records that, if disclosed, would jeopardize the security or safety of a correctional
facility, or records relating to incarceration, treatment, probation, or parole, that would interfere
with the control and supervision of an offender's incarceration, treatment, probation, or parole;
(14) records that, if disclosed, would reveal recommendations made to the Board of
Pardons and Parole by an employee of or contractor for the Department of Corrections, the
Board of Pardons and Parole, or the Department of Human Services that are based on the
employee's or contractor's supervision, diagnosis, or treatment of any person within the board's
jurisdiction;
(15) records and audit workpapers that identify audit, collection, and operational
procedures and methods used by the State Tax Commission, if disclosure would interfere with
audits or collections;
(16) records of a governmental audit agency relating to an ongoing or planned audit
until the final audit is released;
(17) records that are subject to the attorney client privilege;
(18) records prepared for or by an attorney, consultant, surety, indemnitor, insurer,
employee, or agent of a governmental entity for, or in anticipation of, litigation or a judicial,
quasi-judicial, or administrative proceeding;
(19) (a) (i) personal files of a state legislator, including personal correspondence to or
from a member of the Legislature; and
(ii) notwithstanding Subsection (19)(a)(i), correspondence that gives notice of
legislative action or policy may not be classified as protected under this section; and
(b) (i) an internal communication that is part of the deliberative process in connection
with the preparation of legislation between:
(A) members of a legislative body;
(B) a member of a legislative body and a member of the legislative body's staff; or
(C) members of a legislative body's staff; and
(ii) notwithstanding Subsection (19)(b)(i), a communication that gives notice of
legislative action or policy may not be classified as protected under this section;
(20) (a) records in the custody or control of the Office of Legislative Research and
General Counsel, that, if disclosed, would reveal a particular legislator's contemplated
legislation or contemplated course of action before the legislator has elected to support the
legislation or course of action, or made the legislation or course of action public; and
(b) notwithstanding Subsection (20)(a), the form to request legislation submitted to the
Office of Legislative Research and General Counsel is a public document unless a legislator
asks that the records requesting the legislation be maintained as protected records until such
time as the legislator elects to make the legislation or course of action public;
(21) research requests from legislators to the Office of Legislative Research and
General Counsel or the Office of the Legislative Fiscal Analyst and research findings prepared
in response to these requests;
(22) drafts, unless otherwise classified as public;
(23) records concerning a governmental entity's strategy about:
(a) collective bargaining; or
(b) imminent or pending litigation;
(24) records of investigations of loss occurrences and analyses of loss occurrences that
may be covered by the Risk Management Fund, the Employers' Reinsurance Fund, the
Uninsured Employers' Fund, or similar divisions in other governmental entities;
(25) records, other than personnel evaluations, that contain a personal recommendation
concerning an individual if disclosure would constitute a clearly unwarranted invasion of
personal privacy, or disclosure is not in the public interest;
(26) records that reveal the location of historic, prehistoric, paleontological, or
biological resources that if known would jeopardize the security of those resources or of
valuable historic, scientific, educational, or cultural information;
(27) records of independent state agencies if the disclosure of the records would
conflict with the fiduciary obligations of the agency;
(28) records of an institution within the state system of higher education defined in
Section 
53B-1-102
 regarding tenure evaluations, appointments, applications for admissions,
retention decisions, and promotions, which could be properly discussed in a meeting closed in
accordance with Title 52, Chapter 4, Open and Public Meetings Act, provided that records of
the final decisions about tenure, appointments, retention, promotions, or those students
admitted, may not be classified as protected under this section;
(29) records of the governor's office, including budget recommendations, legislative
proposals, and policy statements, that if disclosed would reveal the governor's contemplated
policies or contemplated courses of action before the governor has implemented or rejected
those policies or courses of action or made them public;
(30) records of the Office of the Legislative Fiscal Analyst relating to budget analysis,
revenue estimates, and fiscal notes of proposed legislation before issuance of the final
recommendations in these areas;
(31) records provided by the United States or by a government entity outside the state
that are given to the governmental entity with a requirement that they be managed as protected
records if the providing entity certifies that the record would not be subject to public disclosure
if retained by it;
(32) transcripts, minutes, or reports of the closed portion of a meeting of a public body
except as provided in Section 
52-4-206
;
(33) records that would reveal the contents of settlement negotiations but not including
final settlements or empirical data to the extent that they are not otherwise exempt from
disclosure;
(34) memoranda prepared by staff and used in the decision-making process by an
administrative law judge, a member of the Board of Pardons and Parole, or a member of any
other body charged by law with performing a quasi-judicial function;
(35) records that would reveal negotiations regarding assistance or incentives offered
by or requested from a governmental entity for the purpose of encouraging a person to expand
or locate a business in Utah, but only if disclosure would result in actual economic harm to the
person or place the governmental entity at a competitive disadvantage, but this section may not
be used to restrict access to a record evidencing a final contract;
(36) materials to which access must be limited for purposes of securing or maintaining
the governmental entity's proprietary protection of intellectual property rights including patents,
copyrights, and trade secrets;
(37) the name of a donor or a prospective donor to a governmental entity, including an
institution within the state system of higher education defined in Section 
53B-1-102
, and other
information concerning the donation that could reasonably be expected to reveal the identity of
the donor, provided that:
(a) the donor requests anonymity in writing;
(b) any terms, conditions, restrictions, or privileges relating to the donation may not be
classified protected by the governmental entity under this Subsection (37); and
(c) except for an institution within the state system of higher education defined in
Section 
53B-1-102
, the governmental unit to which the donation is made is primarily engaged
in educational, charitable, or artistic endeavors, and has no regulatory or legislative authority
over the donor, a member of the donor's immediate family, or any entity owned or controlled
by the donor or the donor's immediate family;
(38) accident reports, except as provided in Sections 
41-6a-404
, 
41-12a-202
, and
73-18-13
;
(39) a notification of workers' compensation insurance coverage described in Section
34A-2-205
;
(40) (a) the following records of an institution within the state system of higher
education defined in Section 
53B-1-102
, which have been developed, discovered, disclosed to,
or received by or on behalf of faculty, staff, employees, or students of the institution:
(i) unpublished lecture notes;
(ii) unpublished notes, data, and information:
(A) relating to research; and
(B) of:
(I) the institution within the state system of higher education defined in Section
53B-1-102
; or
(II) a sponsor of sponsored research;
(iii) unpublished manuscripts;
(iv) creative works in process;
(v) scholarly correspondence; and
(vi) confidential information contained in research proposals;
(b) Subsection (40)(a) may not be construed to prohibit disclosure of public
information required pursuant to Subsection 
53B-16-302
(2)(a) or (b); and
(c) Subsection (40)(a) may not be construed to affect the ownership of a record;
(41) (a) records in the custody or control of the Office of Legislative Auditor General
that would reveal the name of a particular legislator who requests a legislative audit prior to the
date that audit is completed and made public; and
(b) notwithstanding Subsection (41)(a), a request for a legislative audit submitted to the
Office of the Legislative Auditor General is a public document unless the legislator asks that
the records in the custody or control of the Office of Legislative Auditor General that would
reveal the name of a particular legislator who requests a legislative audit be maintained as
protected records until the audit is completed and made public;
(42) records that provide detail as to the location of an explosive, including a map or
other document that indicates the location of:
(a) a production facility; or
(b) a magazine;
(43) information:
(a) contained in the statewide database of the Division of Aging and Adult Services
created by Section 
62A-3-311.1
; or
(b) received or maintained in relation to the Identity Theft Reporting Information
System (IRIS) established under Section 
67-5-22
;
(44) information contained in the Management Information System and Licensing
Information System described in Title 62A, Chapter 4a, Child and Family Services;
(45) information regarding National Guard operations or activities in support of the
National Guard's federal mission;
(46) records provided by any pawn or secondhand business to a law enforcement
agency or to the central database in compliance with Title 13, Chapter 32a, Pawnshop and
Secondhand Merchandise Transaction Information Act;
(47) information regarding food security, risk, and vulnerability assessments performed
by the Department of Agriculture and Food;
(48) except to the extent that the record is exempt from this chapter pursuant to Section
63G-2-106
, records related to an emergency plan or program, a copy of which is provided to or
prepared or maintained by the Division of Emergency Management, and the disclosure of
which would jeopardize:
(a) the safety of the general public; or
(b) the security of:
(i) governmental property;
(ii) governmental programs; or
(iii) the property of a private person who provides the Division of Emergency
Management information;
(49) records of the Department of Agriculture and Food that provides for the
identification, tracing, or control of livestock diseases, including any program established under
Title 4, Chapter 24, Utah Livestock Brand and Anti-Theft Act or Title 4, Chapter 31, Control
of Animal Disease;
(50) as provided in Section 
26-39-501
:
(a) information or records held by the Department of Health related to a complaint
regarding a child care program or residential child care which the department is unable to
substantiate; and
(b) information or records related to a complaint received by the Department of Health
from an anonymous complainant regarding a child care program or residential child care;
(51) unless otherwise classified as public under Section 
63G-2-301
 and except as
provided under Section 
41-1a-116
, an individual's home address, home telephone number, or
personal mobile phone number, if:
(a) the individual is required to provide the information in order to comply with a law,
ordinance, rule, or order of a government entity; and
(b) the subject of the record has a reasonable expectation that this information will be
kept confidential due to:
(i) the nature of the law, ordinance, rule, or order; and
(ii) the individual complying with the law, ordinance, rule, or order;
(52) the name, home address, work addresses, and telephone numbers of an individual
that is engaged in, or that provides goods or services for, medical or scientific research that is:
(a) conducted within the state system of higher education, as defined in Section
53B-1-102
; and
(b) conducted using animals;
(53) an initial proposal under Title 63M, Chapter 1, Part 26, Government Procurement
Private Proposal Program, to the extent not made public by rules made under that chapter;
(54) in accordance with Section 
78A-12-203
, any record of the Judicial Performance
Evaluation Commission concerning an individual commissioner's vote on whether or not to
recommend that the voters retain a judge;
(55) information collected and a report prepared by the Judicial Performance
Evaluation Commission concerning a judge, unless Section 
20A-7-702
 or Title 78A, Chapter
12, Judicial Performance Evaluation Commission Act, requires disclosure of, or makes public,
the information or report;
(56) records contained in the Management Information System created in Section
62A-4a-1003
;
(57) records provided or received by the Public Lands Policy Coordinating Office in
furtherance of any contract or other agreement made in accordance with Section 
63J-4-603
;
(58) information requested by and provided to the Utah [
State
] 911 Committee under
Section 
63H-7-303
;
(59) in accordance with Section 
73-10-33
:
(a) a management plan for a water conveyance facility in the possession of the Division
of Water Resources or the Board of Water Resources; or
(b) an outline of an emergency response plan in possession of the state or a county or
municipality;
(60) the following records in the custody or control of the Office of Inspector General
of Medicaid Services, created in Section 
63A-13-201
:
(a) records that would disclose information relating to allegations of personal
misconduct, gross mismanagement, or illegal activity of a person if the information or
allegation cannot be corroborated by the Office of Inspector General of Medicaid Services
through other documents or evidence, and the records relating to the allegation are not relied
upon by the Office of Inspector General of Medicaid Services in preparing a final investigation
report or final audit report;
(b) records and audit workpapers to the extent they would disclose the identity of a
person who, during the course of an investigation or audit, communicated the existence of any
Medicaid fraud, waste, or abuse, or a violation or suspected violation of a law, rule, or
regulation adopted under the laws of this state, a political subdivision of the state, or any
recognized entity of the United States, if the information was disclosed on the condition that
the identity of the person be protected;
(c) before the time that an investigation or audit is completed and the final
investigation or final audit report is released, records or drafts circulated to a person who is not
an employee or head of a governmental entity for the person's response or information;
(d) records that would disclose an outline or part of any investigation, audit survey
plan, or audit program; or
(e) requests for an investigation or audit, if disclosure would risk circumvention of an
investigation or audit;
(61) records that reveal methods used by the Office of Inspector General of Medicaid
Services, the fraud unit, or the Department of Health, to discover Medicaid fraud, waste, or
abuse;
(62) information provided to the Department of Health or the Division of Occupational
and Professional Licensing under Subsection 
58-68-304
(3) or (4);
(63) a record described in Section 
63G-12-210
; [
and
]
(64) captured plate data that is obtained through an automatic license plate reader
system used by a governmental entity as authorized in Section 
41-6a-2003
[
.
]
; and
(65) any record in the custody of the Utah Office for Victims of Crime relating to a
victim, including:
(a) a victim's application or request for benefits;
(b) a victim's receipt or denial of benefits; and
(c) any administrative notes or records made or created for the purpose of, or used to,
evaluate or communicate a victim's eligibility for or denial of benefits from the Crime Victim
Reparations Fund.
Section 2. Section 
63M-7-503
 is amended to read:
63M-7-503.
Restitution -- Reparations not to supplant restitution -- Assignment
of claim for restitution judgment to Reparations Office.
(1) A reparations award may not supplant restitution as established under Title 77,
Chapter 38a, Crime Victims Restitution Act, or as established by any other provisions.
(2) The court may not reduce an order of restitution based on a reparations award.
(3) If, due to reparation payments to a victim, the Utah Office for Victims of Crime is
assigned under Section 
63M-7-519
 a claim for the victim's judgment for restitution or a portion
of the restitution, the office may file with the sentencing court a notice of [
the assignment. The
notice of assignment shall be signed by the victim and a reparations officer and shall contain an
affidavit detailing the specific amounts of pecuniary damages paid on behalf of the victim. A
copy of the notice of assignment and affidavit shall be mailed by certified mail to the defendant
at his last known address 20 days prior to sentencing, entry of any judgment or order of
restitution, or modification of any existing judgment or order of restitution.
] 
restitution listing
the amounts or estimated future amounts of payments made or anticipated to be made to or on
behalf of the victim. The Utah Office for Victims of Crime may provide a restitution notice to
the victim or victim's representative prior to or at sentencing. The amount of restitution sought
by the office may be updated at any time, subject to the right of the defendant to object. Failure
to provide the notice may not invalidate the imposition of the judgment or order of restitution
provided the defendant is given the opportunity to object and be heard as provided in this
chapter.
 Any objection by the defendant to the imposition or amount of restitution shall be
made at the time of sentencing or in writing within 20 days of [
the receipt of notice
]
sentencing
, to be filed with the court and a copy mailed to the [
office
] 
Utah Office for Victims
of Crime
. Upon the filing of the objection, the court shall allow the defendant a full hearing on
the issue as provided by Subsection 
77-38a-302
(4).
(4) If no objection is made or filed by the defendant, then upon conviction and
sentencing, the court shall enter a judgment for [
complete
] 
court-ordered
 restitution pursuant to
the provisions of Subsections 
76-3-201
(4)(c) and (d) and identify the office as the assignee of
the assigned portion of the judgment and order of restitution.
(5) If the notice of [
assignment
] 
restitution
 is filed after sentencing but during the term
of probation or parole, the court or Board of Pardons shall modify any existing civil judgment
and order of restitution to include expenses paid by the office on behalf of the victim and
identify the office as the assignee of the assigned portion of the judgment and order of
restitution. If no judgment or order of restitution has been entered, the court shall enter a
judgment for complete restitution and [
court ordered
] 
court-ordered
 restitution pursuant to the
provisions of Sections 
77-38a-302
 and 
77-38a-401
.
Section 3. Section 
76-3-201
 is amended to read:
76-3-201.
Definitions -- Sentences or combination of sentences allowed -- Civil
penalties.
(1) As used in this section:
(a) "Conviction" includes a:
(i) judgment of guilt; and
(ii) plea of guilty.
(b) "Criminal activities" means any offense of which the defendant is convicted or any
other criminal conduct for which the defendant admits responsibility to the sentencing court
with or without an admission of committing the criminal conduct.
(c) "Pecuniary damages" means all special damages, but not general damages, which a
person could recover against the defendant in a civil action arising out of the facts or events
constituting the defendant's criminal activities and includes the money equivalent of property
taken, destroyed, broken, or otherwise harmed, and losses including earnings and medical
expenses.
(d) "Restitution" means full, partial, or nominal payment for pecuniary damages to a
victim, and payment for expenses to a governmental entity for extradition or transportation and
as further defined in Title 77, Chapter 38a, Crime Victims Restitution Act.
(e) (i) "Victim" means any person or entity, including the Utah Office for Victims of
Crime, who the court determines has suffered pecuniary damages as a result of the defendant's
criminal activities.
(ii) "Victim" does not include [
any coparticipant in the defendant's criminal activities
]
a codefendant or accomplice
.
(2) Within the limits prescribed by this chapter, a court may sentence a person
convicted of an offense to any one of the following sentences or combination of them:
(a) to pay a fine;
(b) to removal or disqualification from public or private office;
(c) to probation unless otherwise specifically provided by law;
(d) to imprisonment;
(e) on or after April 27, 1992, to life in prison without parole; or
(f) to death.
(3) (a) This chapter does not deprive a court of authority conferred by law to:
(i) forfeit property;
(ii) dissolve a corporation;
(iii) suspend or cancel a license;
(iv) permit removal of a person from office;
(v) cite for contempt; or
(vi) impose any other civil penalty.
(b) A civil penalty may be included in a sentence.
(4) (a) When a person is convicted of criminal activity that has resulted in pecuniary
damages, in addition to any other sentence it may impose, the court shall order that the
defendant make restitution to the victims, or for conduct for which the defendant has agreed to
make restitution as part of a plea agreement.
(b) In determining whether restitution is appropriate, the court shall follow the criteria
and procedures as provided in Title 77, Chapter 38a, Crime Victims Restitution Act.
(c) In addition to any other sentence the court may impose, the court, pursuant to the
provisions of Sections 
63M-7-503
 and 
77-38a-401
, shall enter:
(i) a civil judgment for complete restitution for the full amount of expenses paid on
behalf of the victim by the Utah Office for Victims of Crime; and
(ii) an order of restitution for restitution payable to the Utah Office for Victims of
Crime in the same amount unless otherwise ordered by the court pursuant to Subsection (4)(d).
(d) In determining whether to order that the restitution required under Subsection (4)(c)
be reduced or that the defendant be exempted from the restitution, the court shall consider the
criteria under Subsections 
77-38a-302
(5)(c)(i) through (vi) and provide findings of its decision
on the record.
(5) (a) In addition to any other sentence the court may impose, and unless otherwise
ordered by the court, the defendant shall pay restitution of governmental transportation
expenses if the defendant was:
(i) transported pursuant to court order from one county to another within the state at
governmental expense to resolve pending criminal charges;
(ii) charged with a felony or a class A, B, or C misdemeanor; and
(iii) convicted of a crime.
(b) The court may not order the defendant to pay restitution of governmental
transportation expenses if any of the following apply:
(i) the defendant is charged with an infraction or on a subsequent failure to appear a
warrant is issued for an infraction; or
(ii) the defendant was not transported pursuant to a court order.
(c) (i) Restitution of governmental transportation expenses under Subsection (5)(a)(i)
shall be calculated according to the following schedule:
(A) $100 for up to 100 miles a defendant is transported;
(B) $200 for 100 up to 200 miles a defendant is transported; and
(C) $350 for 200 miles or more a defendant is transported.
(ii) The schedule of restitution under Subsection (5)(c)(i) applies to each defendant
transported regardless of the number of defendants actually transported in a single trip.
(d) If a defendant has been extradited to this state under Title 77, Chapter 30,
Extradition, to resolve pending criminal charges and is convicted of criminal activity in the
county to which he has been returned, the court may, in addition to any other sentence it may
impose, order that the defendant make restitution for costs expended by any governmental
entity for the extradition.
(6) (a) In addition to any other sentence the court may impose, and unless otherwise
ordered by the court pursuant to Subsection (6)(c), the defendant shall pay restitution to the
county for the cost of incarceration and costs of medical care provided to the defendant while
in the county correctional facility before and after sentencing if:
(i) the defendant is convicted of criminal activity that results in incarceration in the
county correctional facility; and
(ii) (A) the defendant is not a state prisoner housed in a county correctional facility
through a contract with the Department of Corrections; or
(B) the reimbursement does not duplicate the reimbursement provided under Section
64-13e-104
 if the defendant is a state probationary inmate, as defined in Section 
64-13e-102
, or
a state parole inmate, as defined in Section 
64-13e-102
.
(b) (i) The costs of incarceration under Subsection (6)(a) are the amount determined by
the county correctional facility, but may not exceed the daily inmate incarceration costs and
medical and transportation costs for the county correctional facility.
(ii) The costs of incarceration under Subsection (6)(a) do not include expenses incurred
by the county correctional facility in providing reasonable accommodation for an inmate
qualifying as an individual with a disability as defined and covered by the federal Americans
with Disabilities Act of 1990, 42 U.S.C. 12101 through 12213, including medical and mental
health treatment for the inmate's disability.
(c) In determining whether to order that the restitution required under this Subsection
(6) be reduced or that the defendant be exempted from the restitution, the court shall consider
the criteria under Subsections 
77-38a-302
(5)(c)(i) through (vi) and shall enter the reason for its
order on the record.
(d) If on appeal the defendant is found not guilty of the criminal activity under
Subsection (6)(a)(i) and that finding is final as defined in Section 
76-1-304
, the county shall
reimburse the defendant for restitution the defendant paid for costs of incarceration under
Subsection (6)(a).
Section 4. Section 
77-38a-102
 is amended to read:
77-38a-102.
Definitions.
As used in this chapter:
(1) "Conviction" includes a:
(a) judgment of guilt;
(b) a plea of guilty; or
(c) a plea of no contest.
(2) "Criminal activities" means any offense of which the defendant is convicted or any
other criminal conduct for which the defendant admits responsibility to the sentencing court
with or without an admission of committing the criminal conduct.
(3) "Department" means the Department of Corrections.
(4) "Diversion" means suspending criminal proceedings prior to conviction on the
condition that a defendant agree to participate in a rehabilitation program, make restitution to
the victim, or fulfill some other condition.
(5) "Party" means the prosecutor, defendant, or department involved in a prosecution.
(6) "Pecuniary damages" means all demonstrable economic injury, whether or not yet
incurred, which a person could recover in a civil action arising out of the facts or events
constituting the defendant's criminal activities and includes the fair market value of property
taken, destroyed, broken, or otherwise harmed, and losses including lost earnings and medical
expenses, but excludes punitive or exemplary damages and pain and suffering.
(7) "Plea agreement" means an agreement entered between the prosecution and
defendant setting forth the special terms and conditions and criminal charges upon which the
defendant will enter a plea of guilty or no contest.
[
(10)
] 
(8)
 "Plea disposition" means an agreement entered into between the prosecution
and defendant including diversion, plea agreement, plea in abeyance agreement, or any
agreement by which the defendant may enter a plea in any other jurisdiction or where charges
are dismissed without a plea.
[
(8)
] 
(9)
 "Plea in abeyance" means an order by a court, upon motion of the prosecution
and the defendant, accepting a plea of guilty or of no contest from the defendant but not, at that
time, entering judgment of conviction against him nor imposing sentence upon him on
condition that he comply with specific conditions as set forth in a plea in abeyance agreement.
[
(9)
] 
(10)
 "Plea in abeyance agreement" means an agreement entered into between the
prosecution and the defendant setting forth the specific terms and conditions upon which,
following acceptance of the agreement by the court, a plea may be held in abeyance.
(11) "Restitution" means full, partial, or nominal payment for pecuniary damages to a
victim, including prejudgment interest, the accrual of interest from the time of sentencing,
insured damages, reimbursement for payment of a reward, and payment for expenses to a
governmental entity for extradition or transportation and as may be further defined by law.
(12) (a) "Reward" means a sum of money:
(i) offered to the public for information leading to the arrest and conviction of an
offender; and
(ii) that has been paid to a person or persons who provide this information, except that
the person receiving the payment may not be a codefendant, an accomplice, or a bounty hunter.
(b) "Reward" does not include any amount paid in excess of the sum offered to the
public.
(13) "Screening" means the process used by a prosecuting attorney to terminate
investigative action, proceed with prosecution, move to dismiss a prosecution that has been
commenced, or cause a prosecution to be diverted.
(14) (a) "Victim" means any person [
whom
] 
or entity, including the Utah Office for
Victims of Crime, who
 the court determines has suffered pecuniary damages as a result of the
defendant's criminal activities.
(b) "Victim" may not include a codefendant or accomplice.
Section 5. Section 
77-38a-401
 is amended to read:
77-38a-401.
Entry of judgment -- Interest -- Civil actions -- Lien.
(1) Upon the court determining that a defendant owes restitution, the clerk of the court
shall enter an order of [
complete
] 
court-ordered
 restitution as defined in Section 
77-38a-302
 on
the civil judgment docket and provide notice of the order to the parties.
(2) The order shall be considered a legal judgment, enforceable under the Utah Rules
of Civil Procedure. In addition, the department may, on behalf of the person in whose favor the
restitution order is entered, enforce the restitution order as judgment creditor under the Utah
Rules of Civil Procedure.
(3) If the defendant fails to obey a court order for payment of restitution and the victim
or department elects to pursue collection of the order by civil process, the victim shall be
entitled to recover collection and reasonable attorney fees.
(4) Notwithstanding Subsection 
77-18-6
(1)(b)(v) and Sections 
78B-2-311
 and
78B-5-202
, a judgment ordering restitution when entered on the civil judgment docket shall
have the same affect and is subject to the same rules as a judgment in a civil action and expires
only upon payment in full, which includes applicable interest, collection fees, and attorney fees. 
Interest shall accrue on the amount ordered from the time of sentencing, including prejudgment
interest. This Subsection (4) applies to all restitution judgments not paid in full on or before
May 12, 2009.
(5) The department shall make rules permitting the restitution payments to be credited
to principal first and the remainder of payments credited to interest in accordance with Title
63G, Chapter 3, Utah Administrative Rulemaking Act.
Legislative Review Note
 as of 1-8-15 8:42 AM
Office of Legislative Research and General Counsel