Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 303 Second Substitute (2020GS)

Sponsor

Rep. Stoddard, A.

Final action

House/ filed 3/12/2020

Outcome

Failed / filed without passage

Summary

What it does

• This bill:
• allows a court to assess a diversion fee; and
• does not disqualify those eligible for diversion due to an inability to pay the diversion fee.

Every vote on this bill

Bill text

DIVERSION FEES AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Andrew Stoddard
Senate Sponsor: 
 Kathleen Riebe
LONG TITLE
General Description:
This bill authorizes a court to assess a diversion fee on a criminal defendant when that
defendant is eligible for a diversion, enters into a diversion agreement with the
prosecuting attorney, and the court approves that agreement.
Highlighted Provisions:
This bill:
▸ allows a court to assess a diversion fee; and
▸ does not disqualify those eligible for diversion due to an inability to pay the
diversion fee.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
77-2-5
, as enacted by Laws of Utah 1980, Chapter 15
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
77-2-5
 is amended to read:
77-2-5.
Diversion agreement -- Negotiation -- Contents.
(1) At any time after the filing of an information or indictment and prior to conviction,
the prosecuting attorney may, by written agreement with the defendant, filed with the court,
and upon approval of the court, divert a defendant to a non-criminal diversion program.
(2) A defendant shall be represented by counsel during negotiations for diversion and
at the time of execution of any diversion agreement unless he shall have knowingly and
intelligently waived his right to counsel.
(3) The defendant has the right to be represented by counsel at any court hearing
relating to a diversion program.
(4) Any diversion agreement entered into between the prosecution and the defense and
approved by a magistrate shall contain a full, detailed statement of the requirements agreed to
by the defendant and the reasons for diversion. A decision by a prosecuting attorney not to
divert a defendant is not subject to judicial review.
[
(5) Diversion programs longer than two years shall not be permitted.
]
(5) Any diversion agreement entered into between the prosecution and the defense and
approved by a magistrate may contain an order that the defendant pay a nonrefundable
diversion fee, which shall be allocated in the same manner as if paid as a fine for a criminal
conviction under Section 
78A-5-110
, and which may not exceed the maximum fine that could
have been imposed upon conviction and sentencing for the same offense.
(6) A diversion agreement shall not be approved unless the defendant, before a
magistrate and in the agreement, knowingly and intelligently waives his constitutional right to a
speedy trial.
(7) A defendant, who is eligible for a diversion agreement under this chapter, shall not
be denied a diversion agreement based on an inability to pay the diversion fee.
(8) Diversion programs longer than two years shall not be permitted.