Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 229 Second Substitute (2022GS)

Sponsor

Rep. Brammer, B.

Final action

Governor Signed 3/24/2022

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• defines terms;
• creates penalties and a presumption of imprisonment for certain property, financial, and related offenses;
• increases the penalty for a violation of a written false statement on a financial declaration completed by a defendant;
• provides that a prosecuting attorney may subpoena certain information regarding property that may be necessary to satisfy a future restitution order, and that a court may consider this information when establishing a defendant's payment schedule on a criminal accounts receivable; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

This document includes House Committee Amendments incorporated into the bill on Wed, Feb 9, 2022 at 8:17 AM by pflowers.
PROPERTY AND FINANCIAL OFFENSE AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Brady Brammer
Senate Sponsor: 
____________
LONG TITLE
General Description:
This bill concerns penalties and evidence relating to property and financial offenses.
Highlighted Provisions:
This bill:
▸ defines terms;
▸ creates penalties and a presumption of imprisonment for certain property, financial,
and related offenses;
▸ increases the penalty for a violation of a written false statement on a financial
declaration completed by a defendant;
▸ provides that a prosecuting attorney may subpoena certain information regarding
property that may be necessary to satisfy a future restitution order, and that a court
may consider this information when establishing a defendant's payment schedule on
a criminal accounts receivable; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
61-1-21
, as last amended by Laws of Utah 2016, Chapter 401
63G-12-402
, as last amended by Laws of Utah 2021, Chapter 402
76-6-102
, as last amended by Laws of Utah 2013, Chapter 272
76-6-202
, as last amended by Laws of Utah 2012, Chapter 303
76-6-412
, as last amended by Laws of Utah 2021, Chapter 57
76-6-501
, as last amended by Laws of Utah 2016, Chapter 117
76-6-513
, as last amended by Laws of Utah 2019, Chapter 211
76-6-521
, as last amended by Laws of Utah 2019, Chapter 193
76-6-703
, as last amended by Laws of Utah 2017, Chapters 462 and 467
76-6-1204
, as last amended by Laws of Utah 2010, Chapter 193
76-8-504
, as enacted by Laws of Utah 1973, Chapter 196
76-10-1603.5
, as last amended by Laws of Utah 2013, Chapter 394
76-10-1801
, as last amended by Laws of Utah 2010, Chapter 193
76-10-1904
, as last amended by Laws of Utah 1996, Chapter 17
77-32b-103
, as enacted by Laws of Utah 2021, Chapter 260
77-38b-204
, as renumbered and amended by Laws of Utah 2021, Chapter 260
77-38b-402
, as renumbered and amended by Laws of Utah 2021, Chapter 260
ENACTS:
76-3-210
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
61-1-21
 is amended to read:
61-1-21.
Penalties for violations.
(1) A person is guilty of a third degree felony who willfully violates:
(a) a provision of this chapter except Sections 
61-1-1
 and 
61-1-16
;
(b) an order issued under this chapter; or
(c) Section 
61-1-16
 knowing the statement made is false or misleading in a material
respect.
(2) Subject to the other provisions of this section, a person who willfully violates
Section 
61-1-1
:
(a) is guilty of a third degree felony if, at the time the crime was committed, the
property, money, or thing unlawfully obtained or sought to be obtained was worth less than
$10,000; or
(b) is guilty of a second degree felony if, at the time the crime was committed, the
property, money, or thing unlawfully obtained or sought to be obtained was worth $10,000 or
more.
(3) A person who willfully violates Section 
61-1-1
 is guilty of a second degree felony
if:
(a) at the time the crime was committed, the property, money, or thing unlawfully
obtained or sought to be obtained was worth less than $10,000; and
(b) in connection with that violation, the violator knowingly accepted any money
representing:
(i) equity in a person's primary residence;
(ii) a withdrawal from an individual retirement account;
(iii) a withdrawal from a qualified retirement plan as defined in the Internal Revenue
Code;
(iv) an investment by a person over whom the violator exercises undue influence; or
(v) an investment by a person that the violator knows is a vulnerable adult.
(4) A person who willfully violates Section 
61-1-1
 is guilty of a second degree felony
punishable by imprisonment for an indeterminate term of not less than three years or more than
15 years if:
(a) at the time the crime was committed, the property, money, or thing unlawfully
obtained or sought to be obtained was worth $10,000 or more; and
(b) in connection with that violation, the violator knowingly accepted any money
representing:
(i) equity in a person's primary residence;
(ii) a withdrawal from an individual retirement account;
(iii) a withdrawal from a qualified retirement plan as defined in the Internal Revenue
Code;
(iv) an investment by a person over whom the violator exercises undue influence; or
(v) an investment by a person that the violator knows is a vulnerable adult.
(5) The penalties and presumptions for imprisonment for a high-value property or
financial offense described in Section 
76-3-210
 apply to a violation of Section 
61-1-1
, 
61-1-3
,
or 
61-1-7
.
[
(5)
] 
(6)
 When amounts of property, money, or other things are unlawfully obtained or
sought to be obtained under a series of acts or continuing course of business, whether from the
same or several sources, the amounts may be aggregated in determining the level of offense.
[
(6)
] 
(7)
 It is an affirmative defense under this section against a claim that the person
violated an order issued under this chapter for the person to prove that the person had no
knowledge of the order.
[
(7)
] 
(8)
 In addition to any other penalty for a criminal violation of this chapter, the
sentencing judge may impose a penalty or remedy provided for in Subsection 
61-1-20
(2)(b).
Section 2. Section 
63G-12-402
 is amended to read:
63G-12-402.
Receipt of state, local, or federal public benefits -- Verification --
Exceptions -- Fraudulently obtaining benefits -- Criminal penalties -- Annual report.
(1) (a) Except as provided in Subsection (3) or when exempted by federal law, an
agency or political subdivision of the state shall verify the lawful presence in the United States
of an individual at least 18 years [
of age
] 
old
 who applies for:
(i) a state or local public benefit as defined in 8 U.S.C. Sec. 1621; or
(ii) a federal public benefit as defined in 8 U.S.C. Sec. 1611, that is administered by an
agency or political subdivision of this state.
(b) For purpose of a license issued under Title 58, Chapter 55, Utah Construction
Trades Licensing Act, to an applicant that is an unincorporated entity, the Department of
Commerce shall verify in accordance with this Subsection (1) the lawful presence in the United
States of each individual who:
(i) owns an interest in the contractor that is an unincorporated entity; and
(ii) engages, or will engage, in a construction trade in Utah as an owner of the
contractor described in Subsection (1)(b)(i).
(2) This section shall be enforced without regard to race, religion, gender, ethnicity, or
national origin.
(3) Verification of lawful presence under this section is not required for:
(a) any purpose for which lawful presence in the United States is not restricted by law,
ordinance, or regulation;
(b) assistance for health care items and services that:
(i) are necessary for the treatment of an emergency medical condition, as defined in 42
U.S.C. Sec. 1396b(v)(3), of the individual involved; and
(ii) are not related to an organ transplant procedure;
(c) short-term, noncash, in-kind emergency disaster relief;
(d) public health assistance for immunizations with respect to immunizable diseases
and for testing and treatment of symptoms of communicable diseases whether or not the
symptoms are caused by the communicable disease;
(e) programs, services, or assistance such as soup kitchens, crisis counseling and
intervention, and short-term shelter, specified by the United States Attorney General, in the
sole and unreviewable discretion of the United States Attorney General after consultation with
appropriate federal agencies and departments, that:
(i) deliver in-kind services at the community level, including through public or private
nonprofit agencies;
(ii) do not condition the provision of assistance, the amount of assistance provided, or
the cost of assistance provided on the income or resources of the individual recipient; and
(iii) are necessary for the protection of life or safety;
(f) the exemption for paying the nonresident portion of total tuition as set forth in
Section 
53B-8-106
;
(g) an applicant for a license under Section 
61-1-4
, if the applicant:
(i) is registered with the Financial Industry Regulatory Authority; and
(ii) files an application with the state Division of Securities through the Central
Registration Depository;
(h) a state public benefit to be given to an individual under Title 49, Utah State
Retirement and Insurance Benefit Act;
(i) a home loan that will be insured, guaranteed, or purchased by:
(i) the Federal Housing Administration, the Veterans Administration, or any other
federal agency; or
(ii) an enterprise as defined in 12 U.S.C. Sec. 4502;
(j) a subordinate loan or a grant that will be made to an applicant in connection with a
home loan that does not require verification under Subsection (3)(i);
(k) an applicant for a license issued by the Department of Commerce or individual
described in Subsection (1)(b), if the applicant or individual provides the Department of
Commerce:
(i) certification, under penalty of perjury, that the applicant or individual is:
(A) a United States citizen;
(B) a qualified alien as defined in 8 U.S.C. Sec. 1641; or
(C) lawfully present in the United States; and
(ii) (A) the number assigned to a driver license or identification card issued under Title
53, Chapter 3, Uniform Driver License Act; or
(B) the number assigned to a driver license or identification card issued by a state other
than Utah if, as part of issuing the driver license or identification card, the state verifies an
individual's lawful presence in the United States; and
(l) an applicant for:
(i) an Opportunity scholarship described in Title 53B, Chapter 8, Part 2, Regents'
Scholarship Program;
(ii) a New Century scholarship described in Section 
53B-8-105
;
(iii) a promise scholarship described in Section 
53B-8-303
; or
(iv) a scholarship:
(A) for an individual who is a graduate of a high school located within Utah; and
(B) administered by an institution of higher education as defined in Section 
53B-2-101
.
(4) (a) An agency or political subdivision required to verify the lawful presence in the
United States of an applicant under this section shall require the applicant to certify under
penalty of perjury that:
(i) the applicant is a United States citizen; or
(ii) the applicant is:
(A) a qualified alien as defined in 8 U.S.C. Sec. 1641; and
(B) lawfully present in the United States.
(b) The certificate required under this Subsection (4) shall include a statement advising
the signer that providing false information subjects the signer to penalties for perjury.
(5) An agency or political subdivision shall verify a certification required under
Subsection (4)(a)(ii) through the federal SAVE program.
(6) (a) An individual who knowingly and willfully makes a false, fictitious, or
fraudulent statement or representation in a certification under Subsection (3)(k) or (4) is subject
to the criminal penalties applicable in this state for:
(i) making a written false statement under [
Subsection 
76-8-504
(2)
] 
Section 
76-8-504
;
and
(ii) fraudulently obtaining:
(A) public assistance program benefits under Sections 
76-8-1205
 and 
76-8-1206
; or
(B) unemployment compensation under Section 
76-8-1301
.
(b) If the certification constitutes a false claim of United States citizenship under 18
U.S.C. Sec. 911, the agency or political subdivision shall file a complaint with the United
States Attorney General for the applicable district based upon the venue in which the
application was made.
(c) If an agency or political subdivision receives verification that a person making an
application for a benefit, service, or license is not a qualified alien, the agency or political
subdivision shall provide the information to the Office of the Attorney General unless
prohibited by federal mandate.
(7) An agency or political subdivision may adopt variations to the requirements of this
section that:
(a) clearly improve the efficiency of or reduce delay in the verification process; or
(b) provide for adjudication of unique individual circumstances where the verification
procedures in this section would impose an unusual hardship on a legal resident of Utah.
(8) It is unlawful for an agency or a political subdivision of this state to provide a state,
local, or federal benefit, as defined in 8 U.S.C. Sec. 1611 and 1621, in violation of this section.
(9) A state agency or department that administers a program of state or local public
benefits shall:
(a) provide an annual report to the governor, the president of the Senate, and the
speaker of the House regarding its compliance with this section; and
(b) (i) monitor the federal SAVE program for application verification errors and
significant delays;
(ii) provide an annual report on the errors and delays to ensure that the application of
the federal SAVE program is not erroneously denying a state or local benefit to a legal resident
of the state; and
(iii) report delays and errors in the federal SAVE program to the United States
Department of Homeland Security.
Section 3. Section 
76-3-210
 is enacted to read:
 76-3-210.
Penalty and presumption of prison for a high-value property or
financial offense.
(1) As used in this section, "high-value property or financial offense" means any of the
following offenses that is punishable as a felony:
(a) securities fraud, Sections 
61-1-1
 and 
61-1-21
;
(b) sale by an unlicensed broker-dealer, agent,
Ĥ→ [
or investment advisor
] 
investment
223a 
adviser, or investment adviser representative
 ←Ĥ
, Sections 
61-1-3
and 
61-1-21
;
(c) offer or sale of unregistered security, Sections 
61-1-7
 and 
61-1-21
;
(d) arson, Section 
76-6-102
;
(e) burglary, Section 
76-6-202
;
(f) theft, Section 
76-6-412
;
(g) forgery, Section 
76-6-501
;
(h) unlawful dealing of property by a fiduciary, Section 
76-6-513
;
(i) fraudulent insurance act, Section 
76-6-521
;
(j) computer crimes, Section 
76-6-703
;
(k) mortgage fraud, Sections 
76-6-1203
 and 
76-6-1204
;
(l) pattern of unlawful activity, Sections 
76-10-1603
 and 
76-10-1603.5
;
(m) communications fraud, Section 
76-10-1801
; or
(n) money laundering, Section 
76-10-1904
.
(2) Except as provided in Subsection (4), in a case involving a high-value property or
financial offense:
(a) if the trier of fact finds beyond a reasonable doubt that the economic loss due to the
offense is between $50,000 and $200,000, the offense is a second degree felony with an
indeterminate prison term of two to 15 years, with a presumption that the defendant should be
committed to prison;
(b) if the trier of fact finds beyond a reasonable doubt that the economic loss due to the
offense is between $200,000 and $1,000,000, the offense is a second degree felony with an
indeterminate prison term of three to 15 years, with a presumption that the defendant should be
committed to prison; or
(c) if the trier of fact finds beyond a reasonable doubt that the economic loss due to the
offense is over $1,000,000, the offense is a second degree felony with an indeterminate prison
term of four to 15 years, with a presumption that the defendant should be committed to prison.
(3) If the sentencing court departs from a presumption of imprisonment in this section,
the sentencing court shall make the following findings, including supporting facts, on the
record:
(a) a sentence without imprisonment adequately punishes the defendant;
(b) a sentence without imprisonment protects the public from future crime;
(c) a sentence without imprisonment does not demean the seriousness of the offense;
and
(d) a sentence without imprisonment does not demean the impact on the victim.
(4) A penalty described in this section does not apply if the application of the penalty
would result in a lower maximum penalty than the penalty provided for under the section that
describes the offense for which the individual is being sentenced.
(5) For a defendant who is an employee as defined in Section 
49-11-1401
, the
forfeiture of retirement benefits described under Section 
49-11-1401
 may also apply in addition
to a penalty or presumption under this section.
Section 4. Section 
76-6-102
 is amended to read:
76-6-102.
Arson.
(1) A person is guilty of arson if, under circumstances not amounting to aggravated
arson, the person by means of fire or explosives unlawfully and intentionally damages:
(a) any property with intention of defrauding an insurer; or
(b) the property of another.
(2) A violation of Subsection (1)(a) is a second degree felony.
(3) A violation of Subsection (1)(b) is a second degree felony if:
(a) the damage caused is or exceeds $5,000 in value;
(b) as a proximate result of the fire or explosion, any person not a participant in the
offense suffers serious bodily injury as defined in Section 
76-1-601
;
(c) (i) the damage caused is or exceeds $1,500 but is less than $5,000 in value; and
(ii) at the time of the offense the actor has been previously convicted of a violation of
this section or Section 
76-6-103
 regarding aggravated arson within 10 years prior to the
commission of the violation of Subsection (1)(b).
(4) A violation of Subsection (1)(b) is a third degree felony if:
(a) the damage caused is or exceeds $1,500 but is less than $5,000 in value;
(b) as a proximate result of the fire or explosion, any person not a participant in the
offense suffers substantial bodily injury as defined in Section 
76-1-601
;
(c) the fire or explosion endangers human life; or
(d) (i) the damage caused is or exceeds $500 but is less than $1,500 in value; and
(ii) at the time of the offense the actor has been previously convicted of a violation of
this section or Section 
76-6-103
 regarding aggravated arson within 10 years prior to the
commission of the violation of Subsection (1)(b).
(5) A violation of Subsection (1)(b) is a class A misdemeanor if the damage caused:
(a) is or exceeds $500 but is less than $1,500 in value; or
(b) (i) is less than $500; and
(ii) at the time of the offense the actor has been previously convicted of a violation of
this section or Section 
76-6-103
 regarding aggravated arson within 10 years prior to the
commission of the violation of Subsection (1)(b).
(6) A violation of Subsection (1)(b) is a class B misdemeanor if the damage caused is
less than $500.
(7) The penalties and presumptions for imprisonment for a high-value property or
financial offense described in Section 
76-3-210
 apply to a violation of this section.
Section 5. Section 
76-6-202
 is amended to read:
76-6-202.
Burglary.
(1) An actor is guilty of burglary who enters or remains unlawfully in a building or any
portion of a building with intent to commit:
(a) a felony;
(b) theft;
(c) an assault on any person;
(d) lewdness, a violation of Section 
76-9-702
;
(e) sexual battery, a violation of Section 
76-9-702.1
;
(f) lewdness involving a child, in violation of Section 
76-9-702.5
; or
(g) voyeurism under Section 
76-9-702.7
.
(2) 
(a)
 [
Burglary
] 
A burglary
 is a third degree felony unless [
it
] 
the burglary
 was
committed in a dwelling, in which event [
it
] 
the burglary
 is a second degree felony.
(b) The penalties and presumptions for imprisonment for a high-value property or
financial offense described in Section 
76-3-210
 apply to a violation of this section.
(3) A violation of this section is a separate offense from any of the offenses listed in
Subsections (1)(a) through (g), and which may be committed by the actor while in the building.
Section 6. Section 
76-6-412
 is amended to read:
76-6-412.
Theft -- Classification of offenses -- Action for treble damages.
(1) [
Theft
] 
Except as provided in Subsection (2), theft
 of property and services as
provided in this chapter is punishable:
(a) as a second degree felony if the:
(i) value of the property or services is or exceeds $5,000;
(ii) property stolen is a firearm or an operable motor vehicle; or
(iii) property is stolen from the person of another;
(b) as a third degree felony if:
(i) the value of the property or services is or exceeds $1,500 but is less than $5,000;
(ii) the value of the property or services is or exceeds $500 and the actor has been twice
before convicted of any of the following offenses, if each prior offense was committed within
10 years before the date of the current conviction or the date of the offense upon which the
current conviction is based and at least one of those convictions is for a class A misdemeanor:
(A) any theft, any robbery, or any burglary with intent to commit theft;
(B) any offense under Title 76, Chapter 6, Part 5, Fraud; or
(C) any attempt to commit any offense under Subsection (1)(b)(ii)(A) or (B);
(iii) (A) the value of property or services is or exceeds $500 but is less than $1,500;
(B) the theft occurs on a property where the offender has committed any theft within
the past five years; and
(C) the offender has received written notice from the merchant prohibiting the offender
from entering the property [
pursuant to
] 
under
 Subsection 
78B-3-108
(4); or
(iv) the actor has been previously convicted of a felony violation of any of the offenses
listed in Subsections (1)(b)(ii)(A) through (1)(b)(ii)(C), if the prior offense was committed
within 10 years before the date of the current conviction or the date of the offense upon which
the current conviction is based;
(c) as a class A misdemeanor if:
(i) the value of the property stolen is or exceeds $500 but is less than $1,500;
(ii) (A) the value of property or services is less than $500;
(B) the theft occurs on a property where the offender has committed any theft within
the past five years; and
(C) the offender has received written notice from the merchant prohibiting the offender
from entering the property [
pursuant to
] 
under
 Subsection 
78B-3-108
(4); or
(iii) the actor has been twice before convicted of any of the offenses listed in
Subsections (1)(b)(ii)(A) through (1)(b)(ii)(C), if each prior offense was committed within 10
years before the date of the current conviction or the date of the offense upon which the current
conviction is based; or
(d) as a class B misdemeanor if the value of the property stolen is less than $500 and
the theft is not an offense under Subsection (1)(c).
(2) The penalties and presumptions for imprisonment for a high-value property or
financial offense described in Section 
76-3-210
 apply to a violation of this chapter and
Subsection 
76-6-513
(2).
[
(2)
] 
(3)
 Any individual who violates Subsection 
76-6-408
(2) or 
76-6-413
(1), or
commits theft of a stallion, mare, colt, gelding, cow, heifer, steer, ox, bull, calf, sheep, goat,
mule, jack, jenny, swine, poultry, or a fur-bearing animal raised for commercial purposes, or a
livestock guardian dog, is civilly liable for three times the amount of actual damages, if any
sustained by the plaintiff, and for costs of suit and reasonable attorney fees.
Section 7. Section 
76-6-501
 is amended to read:
76-6-501.
Forgery and producing false identification -- Elements of offense --
Definitions.
(1) As used in this part:
(a) "Authentication feature" means any hologram, watermark, certification, symbol,
code, image, sequence of numbers or letters, or other feature that either individually or in
combination with another feature is used by the issuing authority on an identification
document, document-making implement, or means of identification to determine if the
document is counterfeit, altered, or otherwise falsified.
(b) "Document-making implement" means any implement, impression, template,
computer file, computer disc, electronic device, computer hardware or software, or scanning,
printing, or laminating equipment that is specifically configured or primarily used for making
an identification document, a false identification document, or another document-making
implement.
(c) "False authentication feature" means an authentication feature that:
(i) is genuine in origin but that, without the authorization of the issuing authority, has
been tampered with or altered for purposes of deceit;
(ii) is genuine, but has been distributed, or is intended for distribution, without the
authorization of the issuing authority and not in connection with a lawfully made identification
document, document-making implement, or means of identification to which the authentication
feature is intended to be affixed or embedded by the issuing authority; or
(iii) appears to be genuine, but is not.
(d) "False identification document" means a document of a type intended or commonly
accepted for the purposes of identification of individuals, and that:
(i) is not issued by or under the authority of a governmental entity or was issued under
the authority of a governmental entity but was subsequently altered for purposes of deceit; and
(ii) appears to be issued by or under the authority of a governmental entity.
(e) "Governmental entity" means the United States government, a state, a political
subdivision of a state, a foreign government, a political subdivision of a foreign government, an
international governmental organization, or a quasi-governmental organization.
(f) "Identification document" means a document made or issued by or under the
authority of a governmental entity, which, when completed with information concerning a
particular individual, is of a type intended or commonly accepted for the purpose of
identification of individuals.
(g) "Issuing authority" means:
(i) any governmental entity that is authorized to issue identification documents, means
of identification, or authentication features; or
(ii) a business organization or financial institution or [
its
] 
the organization's or
institution's
 agent that issues a financial transaction card as defined in Section 
76-6-506
.
(h) "Means of identification" means any name or number that may be used, alone or in
conjunction with any other information, to identify a specific individual, including:
(i) name, social security number, date of birth, government issued driver license or
identification number, alien registration number, government passport number, or employer or
taxpayer identification number;
(ii) unique biometric data, such as fingerprint, voice print, retina or iris image, or other
unique physical representation; or
(iii) unique electronic identification number, address, or routing code.
(i) "Personal identification card" means an identification document issued by a
governmental entity solely for the purpose of identification of an individual.
(j) "Produce" includes altering, authenticating, or assembling.
(k) "State" includes any state of the United States, the District of Columbia, the
Commonwealth of Puerto Rico, and any other commonwealth, possession, or territory of the
United States.
(l) "Traffic" means to:
(i) transport, transfer, or otherwise dispose of an item to another, as consideration for
anything of value; or
(ii) make or obtain control of with intent to transport, transfer, or otherwise dispose of
an item to another.
(m) "Writing" includes printing, electronic storage or transmission, or any other
method of recording valuable information including forms such as:
(i) checks, tokens, stamps, seals, credit cards, badges, trademarks, money, and any
other symbols of value, right, privilege, or identification;
(ii) a security, revenue stamp, or any other instrument or writing issued by a
government or any agency; or
(iii) a check, an issue of stocks, bonds, or any other instrument or writing representing
an interest in or claim against property, or a pecuniary interest in or claim against any person or
enterprise.
(2) A person is guilty of forgery if, with purpose to defraud anyone, or with knowledge
that the person is facilitating a fraud to be perpetrated by anyone, the person:
(a) alters any writing of another without his authority or utters the altered writing; or
(b) makes, completes, executes, authenticates, issues, transfers, publishes, or utters any
writing so that the writing or the making, completion, execution, authentication, issuance,
transference, publication, or utterance:
(i) purports to be the act of another, whether the person is existent or nonexistent;
(ii) purports to be an act on behalf of another party with the authority of that other
party; or
(iii) purports to have been executed at a time or place or in a numbered sequence other
than was in fact the case, or to be a copy of an original when an original did not exist.
(3) It is not a defense to a charge of forgery under Subsection (2)(b)(ii) if an actor signs
his own name to the writing if the actor does not have authority to make, complete, execute,
authenticate, issue, transfer, publish, or utter the writing on behalf of the party for whom the
actor purports to act.
(4) A person is guilty of producing or transferring any false identification document
who:
(a) knowingly and without lawful authority produces, attempts, or conspires to produce
an identification document, authentication feature, or a false identification document that is or
appears to be issued by or under the authority of an issuing authority;
(b) transfers, or possesses with intent to transfer, an identification document,
authentication feature, or a false identification document knowing that the document or feature
was stolen or produced without lawful authority;
(c) produces, transfers, or possesses a document-making implement or authentication
feature with the intent that the document-making implement or the authentication feature be
used in the production of a false identification document or another document-making
implement or authentication feature; or
(d) traffics in false or actual authentication features for use in false identification
documents, document-making implements, or means of identification.
(5) 
(a)
 A person who violates:
[
(a)
] 
(i)
 Subsection (2) is guilty of a third degree felony; and
[
(b)
] 
(ii)
 Subsection (4) is guilty of a second degree felony.
(b) The penalties and presumptions for imprisonment for a high-value property or
financial offense described in Section 
76-3-210
 apply to a violation of this section.
(6) This part may not be construed to impose criminal or civil liability on any law
enforcement officer acting within the scope of a criminal investigation.
(7) The forfeiture of property under this part, including any seizure and disposition of
the property and any related judicial or administrative proceeding, shall be conducted in
accordance with Title 24, Forfeiture and Disposition of Property Act.
(8) The court shall order, in addition to the penalty prescribed for any person convicted
of a violation of this section, the forfeiture and destruction or other disposition of all illicit
authentication features, identification documents, false transaction cards, document-making
implements, or means of identification.
Section 8. Section 
76-6-513
 is amended to read:
76-6-513.
Definitions -- Unlawful dealing of property by a fiduciary -- Penalties.
(1) As used in this section:
(a) "Fiduciary" means the same as that term is defined in Section 
22-1-1
.
(b) "Financial institution" means "depository institution" and "trust company" as
defined in Section 
7-1-103
.
(c) "Governmental entity" is as defined in Section 
63G-7-102
.
(d) "Person" does not include a financial institution whose fiduciary functions are
supervised by the Department of Financial Institutions or a federal regulatory agency.
(e) "Property" means the same as that term is defined in Section 
76-6-401
.
(2) 
(a)
 A person is guilty of unlawfully dealing with property by a fiduciary if the
person deals with property that has been entrusted to [
him
] 
the person
 as a fiduciary, or
property of a governmental entity, public money, or of a financial institution, in a manner
which the person knows is a violation of the person's duty and which involves substantial risk
of loss or detriment to the owner or to a person for whose benefit the property was entrusted.
(b)
 A violation of [
this
] Subsection (2)
(a)
 is
:
(i)
 punishable under Section 
76-6-412
[
.
]
; and
(ii) subject to the penalties and presumptions for imprisonment for a high-value
property or financial offense described in Section 
76-3-210
.
(3) (a) A person acting as a fiduciary is guilty of a violation of this subsection if,
without permission of the owner of the property or some other person with authority to give
permission, the person pledges as collateral for a personal loan, or as collateral for the benefit
of some party, other than the owner or the person for whose benefit the property was entrusted,
the property that has been entrusted to the fiduciary.
(b) [
An
] 
Except as provided in Subsection (3)(c), an
 offense under Subsection (3)(a) is
punishable as:
(i) a felony of the second degree if the value of the property wrongfully pledged is or
exceeds $5,000;
(ii) a felony of the third degree if the value of the property wrongfully pledged is or
exceeds $1,500 but is less than $5,000;
(iii) a class A misdemeanor if the value of the property is or exceeds $500, but is less
than $1,500 or the actor has been twice before convicted of theft, robbery, burglary with intent
to commit theft, or unlawful dealing with property by a fiduciary; or
(iv) a class B misdemeanor if the value of the property is less than $500.
(c) The penalties and presumptions for imprisonment for a high-value property or
financial offense described in Section 
76-3-210
 apply to a violation of Subsection (3)(a).
Section 9. Section 
76-6-521
 is amended to read:
76-6-521.
Fraudulent insurance act.
(1) A person commits a fraudulent insurance act if that person with intent to defraud:
(a) presents or causes to be presented any oral or written statement or representation
knowing that the statement or representation contains false or fraudulent information
concerning any fact material to an application for the issuance or renewal of an insurance
policy, certificate, or contract, as part of or in support of:
(i) obtaining an insurance policy the insurer would otherwise not issue on the basis of
underwriting criteria applicable to the person;
(ii) a scheme or artifice to avoid paying the premium that an insurer charges on the
basis of underwriting criteria applicable to the person; or
(iii) a scheme or artifice to file an insurance claim for a loss that has already occurred;
(b) presents, or causes to be presented, any oral or written statement or representation:
(i) (A) as part of or in support of a claim for payment or other benefit [
pursuant to
]
under
 an insurance policy, certificate, or contract; or
(B) in connection with any civil claim asserted for recovery of damages for personal or
bodily injuries or property damage; and
(ii) knowing that the statement or representation contains false, incomplete, or
fraudulent information concerning any fact or thing material to the claim;
(c) knowingly accepts a benefit from proceeds derived from a fraudulent insurance act;
(d) intentionally, knowingly, or recklessly devises a scheme or artifice to obtain fees
for professional services, or anything of value by means of false or fraudulent pretenses,
representations, promises, or material omissions;
(e) knowingly employs, uses, or acts as a runner, as defined in Section 
31A-31-102
, for
the purpose of committing a fraudulent insurance act;
(f) knowingly assists, abets, solicits, or conspires with another to commit a fraudulent
insurance act;
(g) knowingly supplies false or fraudulent material information in any document or
statement required by the Department of Insurance; or
(h) knowingly fails to forward a premium to an insurer in violation of Section
31A-23a-411.1
.
(2) (a) A violation of Subsection (1)(a)(i) is a class A misdemeanor.
(b) A violation of Subsections (1)(a)(ii) or (1)(b) through (1)(h) is
:
(i)
 punishable [
as
] in the manner prescribed by Section 
76-10-1801
 for communication
fraud for property of like value[
.
]
; and
(ii) subject to the penalties and presumptions for imprisonment for a high-value
property or financial offense described in Section 
76-3-210
.
(c) A violation of Subsection (1)(a)(iii):
(i) is a class A misdemeanor if the value of the loss is less than $1,500 or unable to be
determined; or
(ii) if the value of the loss is $1,500 or more, is
:
(A)
 punishable [
as
] in the manner prescribed by Section 
76-10-1801
 for
communication fraud for property of like value[
.
]
; and
(B) subject to the penalties and presumptions for imprisonment for a high-value
property or financial offense described in Section 
76-3-210
.
(3) A corporation or association is guilty of the offense of insurance fraud under the
same conditions as those set forth in Section 
76-2-204
.
(4) The determination of the degree of any offense under Subsections (1)(a)(ii) and
(1)(b) through (1)(h) shall be measured by the total value of all property, money, or other things
obtained or sought to be obtained by the fraudulent insurance act or acts described in
Subsections (1)(a)(ii) and (1)(b) through (1)(h).
Section 10. Section 
76-6-703
 is amended to read:
76-6-703.
Computer crimes and penalties -- Interfering with critical
infrastructure.
(1) It is unlawful for a person to:
(a) without authorization, or in excess of the person's authorization, access or attempt
to access computer technology if the access or attempt to access results in:
(i) the alteration, damage, destruction, copying, transmission, discovery, or disclosure
of computer technology;
(ii) interference with or interruption of:
(A) the lawful use of computer technology; or
(B) the transmission of data;
(iii) physical damage to or loss of real, personal, or commercial property;
(iv) audio, video, or other surveillance of another person; or
(v) economic loss to any person or entity;
(b) after accessing computer technology that the person is authorized to access,
knowingly take or attempt to take unauthorized or unlawful action that results in:
(i) the alteration, damage, destruction, copying, transmission, discovery, or disclosure
of computer technology;
(ii) interference with or interruption of:
(A) the lawful use of computer technology; or
(B) the transmission of data;
(iii) physical damage to or loss of real, personal, or commercial property;
(iv) audio, video, or other surveillance of another person; or
(v) economic loss to any person or entity; or
(c) knowingly engage in a denial of service attack.
(2) 
(a)
 A person who violates Subsection (1) is guilty of:
[
(a)
] 
(i)
 a class B misdemeanor when:
[
(i)
] 
(A)
 the economic loss or other loss or damage caused or the value of the money,
property, or benefit obtained or sought to be obtained is less than $500; or
[
(ii)
] 
(B)
 the information obtained is not confidential;
[
(b)
] 
(ii)
 a class A misdemeanor when the economic loss or other loss or damage
caused or the value of the money, property, or benefit obtained or sought to be obtained is or
exceeds $500 but is less than $1,500;
[
(c)
] 
(iii)
 a third degree felony when the economic loss or other loss or damage caused
or the value of the money, property, or benefit obtained or sought to be obtained is or exceeds
$1,500 but is less than $5,000;
[
(d)
] 
(iv) subject to Subsection (2)(b),
 a second degree felony when the economic loss
or other loss or damage caused or the value of the money, property, or benefit obtained or
sought to be obtained is or exceeds $5,000; or
[
(e)
] 
(v)
 a third degree felony when:
[
(i)
] 
(A)
 the property or benefit obtained or sought to be obtained is a license or
entitlement;
[
(ii)
] 
(B)
 the damage is to the license or entitlement of another person;
[
(iii)
] 
(C)
 the information obtained is confidential or identifying information; or
[
(iv)
] 
(D)
 in gaining access the person breaches or breaks through a security system.
(b) A person who is guilty under Subsection (2)(a)(iv) is subject to the penalties and
presumptions for imprisonment for a high-value property or financial offense described in
Section 
76-3-210
.
(3) (a) A person who intentionally or knowingly and without authorization gains or
attempts to gain access to a computer, computer network, computer property, or computer
system under circumstances not otherwise constituting an offense under this section is guilty of
a class B misdemeanor.
(b) Notwithstanding Subsection (3)(a), a retailer that uses an electronic product
identification or tracking system, or other technology, to identify, track, or price goods is not
guilty of a violation of Subsection (3)(a) if the equipment designed to read the electronic
product identification or tracking system data and used by the retailer to identify, track, or price
goods is located within the retailer's location.
(4) (a) A person who, with intent that electronic communication harassment occur,
discloses or disseminates another person's identifying information with the expectation that
others will further disseminate or use the person's identifying information is subject to the
penalties outlined in Subsection (4)(b).
(b) If the disclosure or dissemination of another person's identifying information results
in electronic communication harassment, as described in Section 
76-9-201
, of the person
whose identifying information is disseminated, the person disseminating the information is
guilty of:
(i) a class B misdemeanor if the person whose identifying information is disseminated
is an adult; or
(ii) a class A misdemeanor if the person whose identifying information is disseminated
is a minor.
(c) A second offense under Subsection (4)(b)(i) is a class A misdemeanor.
(d) A second offense under Subsection (4)(b)(ii), and a third or subsequent offense
under [
this
] Subsection (4)(b), is a third degree felony.
(5) A person who uses or knowingly allows another person to use any computer,
computer network, computer property, or computer system, program, or software to devise or
execute any artifice or scheme to defraud or to obtain money, property, services, or other things
of value by false pretenses, promises, or representations, is
:
(a)
 guilty of an offense based on the value of the money, property, services, or things of
value, in the degree set forth in Subsection 
76-10-1801
(1)[
.
]
; and
(b) subject to the penalties and presumptions for imprisonment for a high-value
property or financial offense described in Section 
76-3-210
.
(6) A person is guilty of a third degree felony if the person intentionally or knowingly,
and without lawful authorization, interferes with or interrupts critical infrastructure.
(7) It is an affirmative defense to Subsection (1), (2), or (3) that a person obtained
access or attempted to obtain access:
(a) in response to, and for the purpose of protecting against or investigating, a prior
attempted or successful breach of security of computer technology whose security the person is
authorized or entitled to protect, and the access attempted or obtained was no greater than
reasonably necessary for that purpose; or
(b) [
pursuant to
] 
under
 a search warrant or a lawful exception to the requirement to
obtain a search warrant.
(8) (a) An interactive computer service is not guilty of violating this section if a person
violates this section using the interactive computer service and the interactive computer service
did not knowingly assist the person to commit the violation.
(b) A service provider is not guilty of violating this section for:
(i) action taken in relation to a customer of the service provider, for a legitimate
business purpose, to install software on, monitor, or interact with the customer's Internet or
other network connection, service, or computer for network or computer security purposes,
authentication, diagnostics, technical support, maintenance, repair, network management,
updates of computer software or system firmware, or remote system management; or
(ii) action taken, including scanning and removing computer software, to detect or
prevent the following:
(A) unauthorized or fraudulent use of a network, service, or computer software;
(B) illegal activity; or
(C) infringement of intellectual property rights.
(9) Subsections (4)(a) and (b) do not apply to a person who provides information in
conjunction with a report under Title 34A, Chapter 6, Utah Occupational Safety and Health
Act, or Title 67, Chapter 21, Utah Protection of Public Employees Act.
(10) In accordance with 47 U.S.C.A. Sec. 230, this section may not apply to, and
nothing in this section may be construed to impose liability or culpability on, an interactive
computer service for content provided by another person.
(11) This section does not affect, limit, or apply to any activity or conduct that is
protected by the constitution or laws of this state or by the constitution or laws of the United
States.
Section 11. Section 
76-6-1204
 is amended to read:
76-6-1204.
Classification of offense.
(1) 
(a)
 Notwithstanding any other administrative, civil, or criminal penalties, a person
who violates Section 
76-6-1203
 is guilty of [
a
]:
[
(a)
] 
(i) a
 class A misdemeanor when the value is or exceeds $500 but is less than
$1,500;
[
(b)
] 
(ii) a
 third degree felony when the value is or exceeds $1,500 but is less than
$5,000;
[
(c)
] 
(iii) subject to Subsection (1)(b), a
 second degree felony when the value is or
exceeds $5,000; and
[
(d)
] 
(iv) a
 second degree felony when the object or purpose of the commission of an
act of mortgage fraud is the obtaining of sensitive personal identifying information, regardless
of the value.
(b) A person who is guilty under Subsection (1)(a)(iii) is subject to the penalties and
presumptions for imprisonment for a high-value property or financial offense described in
Section 
76-3-210
.
(2) The determination of the degree of any offense under Subsection (1) is measured by
the total value of all property, money, or things obtained or sought to be obtained by a violation
of Section 
76-6-1203
, except as provided in Subsection (1)[
(d)
]
(a)(iv)
.
(3) Each residential or commercial property transaction offense under this part
constitutes a separate violation.
Section 12. Section 
76-8-504
 is amended to read:
76-8-504.
Written false statement.
[
A person is guilty of a class B misdemeanor if:
]
(1) [
He makes a
] 
An actor commits the offense of
 written false statement [
which he
] 
if:
(a) the actor makes a statement that the actor
 does not believe to be true on or [
pursuant
to
] 
under
 a form bearing a notification authorized by law to the effect that false statements
made therein are punishable; or
[
(2)
] 
(b)
 [
With
] 
with
 intent to deceive a public servant in the performance of [
his
] 
the
public servant's
 official function, [
he
] 
the actor
:
[
(a)
] 
(i)
 [
Makes any
] 
makes a
 written false statement [
which he
] 
that the actor
 does not
believe to be true; [
or
]
[
(b)
] 
(ii)
 [
Knowingly
] 
knowingly
 creates a false impression in a written application for
[
any
] 
a
 pecuniary or other benefit by omitting information necessary to prevent [
statements
therein
] 
a statement in the application
 from being misleading; [
or
]
[
(c)
] 
(iii)
 [
Submits
] 
submits
 or invites reliance on [
any writing which he
] 
a writing that
the actor
 knows to be lacking in authenticity; or
[
(d)
] 
(iv)
 [
Submits
] 
submits
 or invites reliance on [
any
] 
a
 sample, specimen, map,
boundary mark, or other object [
which he
] 
that the actor
 knows to be false.
(2) (a) Except as provided in Subsection (2)(b), a violation of Subsection (1) is a class
B misdemeanor.
(b) A violation of Subsection (1) is a third degree felony if the false statement is on a
financial declaration described in Section 
77-38b-204
.
[
(3)
] 
(3)
 [
No person shall be guilty under this section if he
] 
It is not an offense under
this section if the actor
 retracts the falsification before it becomes manifest that the falsification
was or would be exposed.
Section 13. Section 
76-10-1603.5
 is amended to read:
76-10-1603.5.
Violation a felony -- Costs -- Fines -- Divestiture -- Restrictions --
Dissolution or reorganization -- Prior restraint.
(1) As used in this section, "net proceeds" means property acquired as a result of a
violation of an offense minus the direct costs of acquiring the property.
[
(1)
] 
(2) (a)
 A person who violates any provision of Section 
76-10-1603
 is
:
(i)
 guilty of a second degree felony[
.
]
; and
(ii) subject to the penalties and presumptions for imprisonment for a high-value
property or financial offense described in Section 
76-3-210
.
(b)
 In addition to penalties prescribed by law, the court may order the person found
guilty of the felony to pay to the state, if the attorney general brought the action, or to the
county, if the county attorney or district attorney brought the action, the costs of investigating
and prosecuting the offense and the costs of securing the forfeitures provided for in this
section.
[
(2)
] 
(3)
 In lieu of a fine otherwise authorized by law for a violation of Section
76-10-1603
, a defendant who derives net proceeds from a conduct prohibited by Section
76-10-1603
 may be fined not more than twice the amount of the net proceeds.
[
(3)
] 
(4)
 Upon conviction for violating any provision of Section 
76-10-1603
, and in
addition to any penalty prescribed by law, the court may do any or all of the following:
(a) order restitution to any victim or rightful owner of property obtained, directly or
indirectly, from:
(i) the conduct constituting the pattern of unlawful activity; or
(ii) any act or conduct constituting the pattern of unlawful activity that is proven as part
of the violation of any provision of Section 
76-10-1603
;
(b) order the person to divest himself of any interest in or any control, direct or
indirect, of any enterprise;
(c) impose reasonable restrictions on the future activities or investments of any person,
including prohibiting the person from engaging in the same type of endeavor as the enterprise
engaged in, to the extent the Utah Constitution and the Constitution of the United States
permit; or
(d) order the dissolution or reorganization of any enterprise.
[
(4)
] 
(5)
 If a violation of Section 
76-10-1603
 is based on a pattern of unlawful activity
consisting of acts or conduct in violation of Section 
76-10-1204
, 
76-10-1205
, 
76-10-1206
, or
76-10-1222
, the court may not enter any order that would amount to a prior restraint on the
exercise of an affected party's rights under the First Amendment to the Constitution of the
United States or Utah Constitution Article I, Section 15.
[
(5) For purposes of this section, the "net proceeds" of an offense means property
acquired as a result of the violation minus the direct costs of acquiring the property.
]
Section 14. Section 
76-10-1801
 is amended to read:
76-10-1801.
Communications fraud -- Elements -- Penalties.
(1) 
(a)
 Any person who has devised any scheme or artifice to defraud another or to
obtain from another money, property, or anything of value by means of false or fraudulent
pretenses, representations, promises, or material omissions, and who communicates directly or
indirectly with any person by any means for the purpose of executing or concealing the scheme
or artifice is guilty of:
[
(a)
] 
(i)
 a class B misdemeanor when the value of the property, money, or thing
obtained or sought to be obtained is less than $500;
[
(b)
] 
(ii)
 a class A misdemeanor when the value of the property, money, or thing
obtained or sought to be obtained is or exceeds $500 but is less than $1,500;
[
(c)
] 
(iii)
 a third degree felony when the value of the property, money, or thing obtained
or sought to be obtained is or exceeds $1,500 but is less than $5,000;
[
(d)
] 
(iv) subject to Subsection (1)(b),
 a second degree felony when the value of the
property, money, or thing obtained or sought to be obtained is or exceeds $5,000; and
[
(e)
] 
(v)
 a second degree felony when the object or purpose of the scheme or artifice to
defraud is the obtaining of sensitive personal identifying information, regardless of the value.
(b) A person who is guilty under Subsection (1)(a)(iv) is subject to the penalties and
presumptions for imprisonment for a high-value property or financial offense described in
Section 
76-3-210
.
(2) The determination of the degree of any offense under Subsection (1)
(a)
 shall be
measured by the total value of all property, money, or things obtained or sought to be obtained
by the scheme or artifice described in Subsection (1)
(a)
 except as provided in Subsection
[
(1)(e)
] 
(1)(a)(v)
.
(3) Reliance on the part of any person is not a necessary element of the offense
described in Subsection (1)
(a)
.
(4) An intent on the part of the perpetrator of any offense described in Subsection
(1)
(a)
 to permanently deprive any person of property, money, or thing of value is not a
necessary element of the offense.
(5) Each separate communication made for the purpose of executing or concealing a
scheme or artifice described in Subsection (1)
(a)
 is a separate act and offense of
communication fraud.
(6) (a) To communicate as described in Subsection (1)
(a)
 means to:
(i) bestow, convey, make known, recount, or impart;
(ii) give by way of information;
(iii) talk over; or
(iv) transmit information.
(b) Means of communication include use of the mail, telephone, telegraph, radio,
television, newspaper, computer, and spoken and written communication.
(7) A person may not be convicted under this section unless the pretenses,
representations, promises, or material omissions made or omitted were made or omitted
intentionally, knowingly, or with a reckless disregard for the truth.
(8) As used in this section, "sensitive personal identifying information" means
information regarding an individual's:
(a) [
Social Security
] 
social security
 number;
(b) driver's license number or other government issued identification number;
(c) financial account number or credit or debit card number;
(d) password or personal identification number or other identification required to gain
access to a financial account or a secure website;
(e) automated or electronic signature;
(f) unique biometric data; or
(g) any other information that can be used to gain access to an individual's financial
accounts or to obtain goods or services.
Section 15. Section 
76-10-1904
 is amended to read:
76-10-1904.
Money laundering -- Penalty.
(1) A person who violates Subsection 
76-10-1903
(1)(a), (b), or (c) is
:
(a)
 guilty of a second degree felony[
.
]
; and
(b) subject to the penalties and presumptions for imprisonment for a high-value
property or financial offense described in Section 
76-3-210
.
(2) A person who violates Subsection 
76-10-1903
(1)(d) is guilty of a third degree
felony.
Section 16. Section 
77-32b-103
 is amended to read:
77-32b-103.
Establishment of a criminal accounts receivable -- Responsibility --
Payment schedule -- Delinquency or default.
(1) (a) Except as provided in Subsection (1)(b) and (c), at the time of sentencing or
acceptance of a plea in abeyance, the court shall enter an order to establish a criminal accounts
receivable for the defendant.
(b) The court is not required to create a criminal accounts receivable for the defendant
under Subsection (1)
(a)
 if the court finds that the defendant does not owe restitution and there
are no other fines or fees to be assessed against the defendant.
(c) Subject to Subsection 
77-38b-205
(5), if the court does not create a criminal
accounts receivable for a defendant under Subsection (1)
(a)
, the court shall enter an order to
establish a criminal accounts receivable for the defendant at the time the court enters an order
for restitution under Section 
77-38b-205
.
(2) After establishing a criminal accounts receivable for a defendant, the court shall:
(a) if a prison sentence is imposed and not suspended for the defendant:
(i) accept any payment for the criminal accounts receivable that is tendered on the date
of sentencing; and
(ii) transfer the responsibility of receiving, distributing, and processing payments for
the criminal accounts receivable to the Office of State Debt Collection; and
(b) for all other cases:
(i) retain the responsibility for receiving, processing, and distributing payments for the
criminal accounts receivable until the court enters a civil accounts receivable or civil judgment
of restitution on the civil judgment docket under Subsection 
77-18-114
(1) or (2); and
(ii) record each payment by the defendant on the case docket.
(c) For a criminal accounts receivable that a court retains responsibility for receiving,
processing, and distributing payments under Subsection (2)(b)(i), the Judicial Council may
establish rules to require a defendant to pay the cost, or a portion of the cost, that is charged by
a financial institution for the use of a credit or debit card by the defendant to make payments
towards the criminal accounts receivable.
(3) (a) Upon entering an order for a criminal accounts receivable, the court shall
establish a payment schedule for the defendant to make payments towards the criminal
accounts receivable.
(b) In establishing the payment schedule for the defendant, the court shall consider:
(i) the needs of the victim if the criminal accounts receivable includes an order for
restitution under Section 
77-38b-205
;
(ii) the financial resources of the defendant, as disclosed in the financial declaration
under Section 
77-38b-204
or in evidence obtained by subpoena under Subsection
77-38b-402
(1)(b)
;
(iii) the burden that the payment schedule will impose on the defendant regarding the
other reasonable obligations of the defendant;
(iv) the ability of the defendant to pay restitution on an installment basis or on other
conditions fixed by the court;
(v) the rehabilitative effect on the defendant of the payment of restitution and method
of payment; and
(vi) any other circumstance that the court determines is relevant.
(4) A payment schedule for a criminal accounts receivable does not limit the ability of
a judgment creditor to pursue collection by any means allowable by law.
(5) If the court orders restitution under Section 
77-38b-205
, or makes another financial
decision, after sentencing that increases the total amount owed in a defendant's case, the
defendant's criminal accounts receivable balance shall be adjusted to include any new amount
ordered by the court.
(6) (a) If a defendant is incarcerated in a county jail or a secure correctional facility, as
defined in Section 
64-13-1
, or the defendant is involuntarily committed under Section
62A-15-631
:
(i) all payments for a payment schedule shall be suspended for the period of time that
the defendant is incarcerated or involuntarily committed, unless the court, or the board if the
defendant is under the jurisdiction of the board, expressly orders the defendant to make
payments according to the payment schedule; and
(ii) the defendant shall provide the court with notice of the incarceration or involuntary
commitment.
(b) A suspension under Subsection (6)(a) shall remain in place for 60 days after the day
in which the defendant is released from incarceration or commitment.
Section 17. Section 
77-38b-204
 is amended to read:
77-38b-204.
Financial declaration by defendant.
(1) (a) The Judicial Council shall design and publish a financial declaration form to be
completed by a defendant before the sentencing court establishes a payment schedule under
Section 
77-38b-205
.
(b) The financial declaration form shall:
(i) require a defendant to disclose all assets, income, and financial liabilities of the
defendant, including:
(A) real property;
(B) vehicles;
(C) precious metals or gems;
(D) jewelry with a value of $1,000 or more;
(E) other personal property with a value of $1,000 or more;
(F) the balance of any bank account and the name of the financial institution for the
bank account;
(G) cash;
(H) salary, wages, commission, tips, and business income, including the name of any
employer or entity from which the defendant receives a salary, wage, commission, tip, or
business income;
(I) pensions and annuities;
(J) intellectual property;
(K) accounts receivable;
(L) accounts payable;
(M) mortgages, loans, and other debts; and
(N) restitution that has been ordered, and not fully paid, in other cases; and
(ii) state that a false statement made in the financial declaration form is punishable as
[
a class B misdemeanor
] 
third degree felony
 under Section 
76-8-504
.
(2) After a plea disposition or conviction has been entered but before sentencing, a
defendant shall complete the financial declaration form described in Subsection (1).
(3) When a civil judgment of restitution or a civil accounts receivable is entered for a
defendant on the civil judgment docket under Section 
77-18-114
, the court shall provide the
Office of State Debt Collection with the defendant's financial declaration form.
Section 18. Section 
77-38b-402
 is amended to read:
77-38b-402.
Preservation of assets.
(1) 
(a)
 Before, or at the time, a criminal information, indictment charging a violation,
or a petition alleging delinquency is filed, or at any time during the prosecution of the case, a
prosecuting attorney may, if in the prosecuting attorney's best judgment there is a substantial
likelihood that a conviction will be obtained and restitution will be ordered in the case, petition
the court to:
[
(a)
] 
(i)
 enter a temporary restraining order, an injunction, or both;
[
(b)
] 
(ii)
 require the execution of a satisfactory performance bond; or
[
(c)
] 
(iii)
 take any other action to preserve the availability of property that may be
necessary to satisfy an anticipated order for restitution.
(b) A prosecuting attorney may subpoena a document, witness, or other evidence that,
in the prosecuting attorney's best judgment, may provide evidence relevant to the property
described in Subsection (1)(a)(iii).
(2) (a) Upon receiving a request from a prosecuting attorney under Subsection (1)
(a)
,
and after notice to a person appearing to have an interest in the property and affording the
person an opportunity to be heard, the court may take action as requested by the prosecuting
attorney if the court determines:
(i) there is probable cause to believe that an offense has been committed and that the
defendant committed the offense, and that failure to enter the order will likely result in the
property being sold, distributed, exhibited, destroyed, or removed from the jurisdiction of the
court, or otherwise be made unavailable for restitution; and
(ii) the need to preserve the availability of the property or prevent the property's sale,
distribution, exhibition, destruction, or removal through the entry of the requested order
outweighs the hardship on any party against whom the order is to be entered.
(b) In a hearing conducted in accordance with this section, a court may consider
reliable hearsay as defined in Utah Rules of Evidence, Rule 1102.
(c) An order for an injunction entered under this section is effective for the period of
time given in the order.
(3) (a) Upon receiving a request for a temporary restraining order from a prosecuting
attorney under this section, a court may enter a temporary restraining order against an owner
with respect to specific property without notice or opportunity for a hearing if:
(i) the prosecuting attorney demonstrates that there is a substantial likelihood that the
property with respect to which the order is sought appears to be necessary to satisfy an
anticipated restitution order under this chapter; and
(ii) provision of notice would jeopardize the availability of the property to satisfy any
judgment or order for restitution.
(b) The temporary order in this Subsection (3) expires no later than 10 days after the
day on which the temporary order is entered unless extended for good cause shown or the party
against whom the temporary order is entered consents to an extension.
(4) A hearing concerning an order entered under this section shall be held as soon as
possible, and before the expiration of the temporary order.