Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 273 First Substitute (2018GS)

Sponsor

Rep. Weight, E.

Final action

Governor Signed 3/16/2018

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• requires the court to accept any amount tendered against a criminal judgment account receivable on the day of sentencing before converting an unpaid account to a civil judgment.

Every vote on this bill

Bill text

CRIMINAL JUDGMENT ACCOUNT RECEIVABLE
AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Elizabeth Weight
Senate Sponsor: 
Evan J. Vickers
LONG TITLE
General Description:
This bill requires the court to accept payment of a criminal judgment account receivable
on the day of sentencing.
Highlighted Provisions:
This bill:
▸ requires the court to accept any amount tendered against a criminal judgment
account receivable on the day of sentencing before converting an unpaid account to
a civil judgment.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
77-32a-102
, as enacted by Laws of Utah 2017, Chapter 304
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
77-32a-102
 is amended to read:
77-32a-102.
Creation of criminal judgment account receivable.
(1) At the time of sentencing or acceptance of a plea in abeyance, the court shall
establish the criminal accounts receivable, as determined in this chapter including all amounts
then owing, including, as applicable, fines, fees, surcharges, costs, restitution, and interest.
(2) After creating the account receivable, the court:
(a) shall, [
in the case of felonies where
] 
when
 a prison sentence is imposed and not
suspended, 
accept any payment on the criminal judgment account receivable tendered on the
date of sentencing,
 enter any 
remaining
 unpaid criminal judgment account receivable as a civil
judgment and transfer the responsibility for collecting the judgment to the Office of State Debt
Collection;
(b) may, in other cases, permit a defendant to pay the criminal judgment account
receivable by a date certain or in installments; or
(c) may, in other cases where the court finds that collection of the account by the court
would not be feasible, enter any unpaid criminal judgment account receivable as a civil
judgment and transfer the responsibility for collecting the judgement to the Office of State Debt
Collection.
(3) A court allowing installment payments does not limit the ability of a judgment
creditor to pursue collection by any means allowable by law.
(4) If the court makes restitution or another financial decision at a time after sentencing
that increases the total amount owed in a case, the criminal accounts receivable balance shall
be adjusted to include the new amounts determined by the court.
(5) The court may modify the amount and number of any installment payments, as
justice requires, at any time before the time for default as outlined in Subsection
77-32a-103
(2).
(6) In the district court, delinquent accounts may incur post judgment interest.