Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 88 (2021GS)

Sponsor

Rep. Stoddard, A.

Final action

Governor Signed 3/11/2021

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• allows a court to assess a diversion fee on a criminal defendant based on the defendant's ability to pay; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

DIVERSION FEES AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Andrew Stoddard
Senate Sponsor: 
Kathleen A. Riebe
LONG TITLE
General Description:
This bill allows a court to assess a diversion fee on a criminal defendant.
Highlighted Provisions:
This bill:
▸ allows a court to assess a diversion fee on a criminal defendant based on the
defendant's ability to pay; and
▸ makes technical and conforming changes.
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
] 
the defendant has
knowingly and intelligently waived [
his
] 
the defendant's
 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
] 
(a) A
 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.
(b)
 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) A 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 that:
(a) shall be allocated in the same manner as if paid as a fine for a criminal conviction
under Section 
78A-5-110
 or Section 
78A-7-120
; and
(b) may not exceed the suggested fine listed in the Uniform Fine Schedule adopted by
the Judicial Council.
(6) A diversion agreement [
shall
] 
may
 not be approved unless the defendant[
, before a
magistrate and in the agreement,
] knowingly and intelligently waives [
his
] 
the defendant's
constitutional right to a speedy trial 
before a magistrate and in the diversion agreement
.
(7) (a) The court shall, on the defendant's request, consider the defendant's ability to
pay a diversion fee before ordering the defendant to pay a diversion fee.
(b) The court may:
(i) consider any relevant evidence in determining the defendant's ability to pay a
diversion fee; and
(ii) lower or waive the diversion fee based on that evidence.
(8) A diversion program longer than two years is not permitted.