Bill Summary – FastDemocracy

LEGISLATIVE GENERAL COUNSEL                                           H.B. 218
Approved for Filing: J. Carlton 6                                st
                                                                       1 Sub. (Buff)
          6 02-06-24 4:43 PM 6
                   Representative Nelson T. Abbott proposes the following substitute bill:
                                 RESTITUTION REVISIONS
                                      2024 GENERAL SESSION
                                           STATE OF UTAH
                                  Chief Sponsor: Steve Eliason
                                 Senate Sponsor: Todd D. Weiler
 6
 LONG TITLE
 General Description:
        This bill amends provisions related to restitution.
 Highlighted Provisions:
        This bill:
        < defines terms;
        < addresses restitution owed by a defendant to an individual for financial support that
 a deceased victim, or a permanently impaired victim, had a legal obligation to
 provide to the individual at the time of the defendant's criminal conduct;
        < addresses restitution payments with regard to a civil action for the defendant's
 criminal conduct; and
        < makes technical and conforming changes.
 Money Appropriated in this Bill:
        None                                                                                      1 stSub. H.B. 218
 Other Special Clauses:
        None
 Utah Code Sections Affected:
 AMENDS:
        63M-7-503, as last amended by Laws of Utah 2021, Chapter 260
     *HB0218S01*
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        77-18-114, as last amended by Laws of Utah 2023, Chapter 113
        77-18-118, as last amended by Laws of Utah 2022, Chapter 359
        77-27-6.1, as enacted by Laws of Utah 2021, Chapter 260
        77-32b-103, as last amended by Laws of Utah 2023, Chapter 330
        77-38b-102, as last amended by Laws of Utah 2023, Chapters 113, 184
        77-38b-202, as enacted by Laws of Utah 2021, Chapter 260
        77-38b-205, as last amended by Laws of Utah 2023, Chapter 113
        77-38b-303, as last amended by Laws of Utah 2023, Chapter 113
 ENACTS:
        77-38b-206, Utah Code Annotated 1953
36
 Be it enacted by the Legislature of the state of Utah:
        Section 1. 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 an order for restitution under Title 77,
 Chapter 38b, Crime Victims Restitution Act, or under any other provision of law.
        (2) The court may not reduce an order for restitution based on a reparations award.
        (3) (a) (i) If a victim receives a reparations award and the office is assigned the victim's
 claim for restitution, or a portion of the victim's claim for restitution, under Section
 63M-7-519, the office may file with the sentencing court a notice of restitution listing the
 amounts or estimated future amounts of payments made or anticipated to be made to or on
 behalf of the victim.
        (ii) The office may provide a notice of restitution to the victim or victim's
 representative before or at sentencing.
        (iii) The office's failure to provide notice under Subsection (3)(a)(i) or (ii) does not
 invalidate the imposition of the judgment or an order for restitution if the defendant is given the
 opportunity to object and be heard as provided in this part.
        (b) (i) Any objection by the defendant to the imposition or amount of restitution under
 Subsection (3)(a)(i) shall be:
        (A) made at the time of sentencing; or
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        (B) made in writing within 20 days after the day on which the defendant receives the
 notice described in Subsection (3)(a) and filed with the court and a copy mailed to the office.
        (ii) Upon an objection, the court shall allow the defendant a hearing on the issue.
        (iii) After a hearing under Subsection (3)(b)(ii), the court shall:
        (A) enter an order for restitution in accordance with Section 77-38b-205; and
        (B) identify the office as an assignee for the order for restitution.
        (iv) Subject to the right of the defendant to object, the amount of restitution sought by
 the office may be updated and the office identified as an assignee of an order for restitution in
 accordance with the time periods established under [Subsection 77-38b-205(5)] Section
 77-38b-205.
        (4) If no objection is made or filed by the defendant under Subsection (3), the court
 shall upon conviction and sentencing:
        (a) enter an order for restitution in accordance with Section 77-38b-205; and
        (b) identify the office as an assignee for the order for restitution.
        (5) (a) If the notice of restitution is filed after sentencing but during the term of
 probation or parole, the court shall:
        (i) modify any order for restitution to include expenses paid by the office on behalf of
 the victim in accordance with [Subsection 77-38b-205(5)] Section 77-38b-205; and
        (ii) identify the office as an assignee of the order for restitution.
        (b) If an order for restitution has not been entered, the court shall:
        (i) enter an order for restitution in accordance with Section 77-38b-205; and
        (ii) identify the office as an assignee of the order for restitution.
        Section 2. Section 77-18-114 is amended to read:
        77-18-114. Unpaid balance at termination of sentence -- Past due account --
 Notice -- Account or judgment paid in full -- Effect of civil accounts receivable and civil
 judgment of restitution.
        (1) When a defendant's sentence is terminated by law or by the decision of the court or
 the board:
        (a) the board shall provide an accounting of the unpaid balance of the defendant's
 criminal accounts receivable to the court if the defendant was on parole or incarcerated at the
 time of termination; and
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           (b) except as provided in Subsection 77-18-118(1)(g), within 90 days after the day on
 which a defendant's sentence is terminated, the court shall:
           (i) enter an order for a civil accounts receivable and a civil judgment of restitution for a
 defendant on the civil judgment docket;
           (ii) transfer the responsibility of collecting the civil accounts receivable and the civil
 judgment of restitution to the Office of State Debt Collection; and
           (iii) identify in the order under this Subsection (1):
           (A) the Office of State Debt Collection as a judgment creditor for the civil accounts
 receivable and the civil judgment of restitution; and
           (B) the victim as a judgment creditor for the civil judgment of restitution.
           (2) If a criminal accounts receivable for the defendant is more than 90 days past due
 and the court has ordered that a defendant does not owe restitution to any victim, or the time
 period [in Subsection 77-38b-205(5) has passed] for entering an order for restitution has
 expired under Section 77-38b-205 and the court has not ordered restitution, the court may:
           (a) enter an order for a civil accounts receivable for the defendant on the civil judgment
 docket;
           (b) identify, in the order under Subsection (2)(a), the Office of State Debt Collection as
 a judgment creditor for the civil accounts receivable; and
           (c) transfer the responsibility of collecting the civil accounts receivable to the Office of
 State Debt Collection.
           (3) An order for a criminal accounts receivable is no longer in effect after the court
 enters an order for a civil accounts receivable or a civil judgment of restitution under
 Subsection (1) or (2).
           (4) The court shall provide notice to the Office of State Debt Collection and the
 prosecuting attorney of any hearing that affects an order for the civil accounts receivable or the
 civil judgment of restitution.
           (5) The Office of State Debt Collection shall notify the court when a civil judgment of
 restitution or a civil accounts receivable is satisfied.
           (6) When a fine, forfeiture, surcharge, cost, or fee is recorded in an order for a civil
 accounts receivable on the civil judgment docket, or when restitution is recorded as an order
 for a civil judgment of restitution on the civil judgment docket, the order:
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         (a) constitutes a lien on the defendant's real property until the judgment is satisfied; and
         (b) may be collected by any means authorized by law for the collection of a civil
 judgment.
         (7) A criminal accounts receivable, a civil accounts receivable, and a civil judgment of
 restitution are not subject to the civil statutes of limitation and expire only upon payment in
 full.
         (8) (a) If a defendant asserts that a payment was made to a victim or third party for a
 civil judgment of restitution, or enters into any other transaction that does not involve the
 Office of State Debt Collection, and the defendant asserts that the payment results in a credit
 towards the civil judgment of restitution for the defendant:
         (i) the defendant shall provide notice to the Office of State Debt Collection and the
 prosecuting attorney within 30 days after the day on which the payment or other transaction is
 made; and
         (ii) the payment may only be credited towards the civil judgment of restitution and
 does not affect any other amount owed to the Office of State Debt Collection under Section
 63A-3-502.
         (b) Nothing in this Subsection (8) shall be construed to prevent a victim or a third party
 from providing notice of a payment towards a civil judgment of restitution to the Office of
 State Debt Collection.
         Section 3. Section 77-18-118 is amended to read:
         77-18-118. Continuing jurisdiction of a sentencing court.
         (1) A sentencing court shall retain jurisdiction over a defendant's criminal case:
         (a) if the defendant is on probation as described in Subsection 77-18-105(3)(c);
         (b) if the defendant is on probation and the probation period has terminated under
 Subsection 77-18-105(7), to require the defendant to continue to make payments towards a
 criminal accounts receivable until the defendant's sentence expires;
         (c) within the time periods described in [Subsection 77-38b-205(5)] Section
 77-38b-205, to enter or modify an order for a criminal accounts receivable in accordance with
 Section 77-32b-103;
         (d) within the time periods described in [Subsection 77-38b-205(5)] Section
 77-38b-205, to enter or modify an order for restitution in accordance with Section 77-38b-205;
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        (e) until a defendant's sentence is terminated, to correct an error for a criminal accounts
 receivable in accordance with Subsection 77-32b-105(1)(a);
        (f) until a defendant's sentence is terminated, to modify a payment schedule for a
 criminal accounts receivable in accordance with Subsection 77-32b-105(1)(b);
        (g) if a defendant files a petition for remittance under Subsection 77-32b-106(1) within
 90 days from the day on which the defendant's sentence is terminated, to determine whether to
 remit, in whole or in part, the defendant's criminal accounts receivable; and
        (h) to enter an order for a civil accounts receivable and a civil judgment of restitution
 in accordance with Section 77-18-114.
        (2) This section does not prevent a court from exercising jurisdiction over:
        (a) a contempt proceeding for a defendant under Title 78B, Chapter 6, Part 3,
 Contempt; or
        (b) enforcement of a civil accounts receivable or a civil judgment of restitution.
        Section 4. Section 77-27-6.1 is amended to read:
        77-27-6.1. Payment of a criminal accounts receivable -- Failure to enter an order
 for restitution or create a criminal accounts receivable -- Modification of a criminal
 accounts receivable -- Order for recovery of costs or pecuniary damages.
        (1) When an offender is committed to prison, the board may require the offender to pay
 the offender's criminal accounts receivable ordered by the court during the period of
 incarceration or parole supervision.
        (2) If the board orders the release of an offender on parole and there is an unpaid
 balance on the offender's criminal accounts receivable, the board may modify the payment
 schedule entered by the court for the offender's criminal accounts receivable in accordance with
 Section 77-32b-105.
        (3) (a) If the sentencing court has not entered an order of restitution for an offender
 who is under the jurisdiction of the board, the board shall refer the offender's case to the
 sentencing court, within the time periods described in [Subsection 77-38b-205(5),] Section
 77-38b-205, to enter an order for restitution for the offender in accordance with Section
 77-38b-205.
        (b) If the sentencing court has not entered an order to establish a criminal accounts
 receivable for an offender who is under the jurisdiction of the board, the board shall refer the
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 offender's case to the sentencing court, within the time periods described in [Subsection
 77-38b-205(5),] Section 77-38b-205, to enter an order to establish a criminal accounts
 receivable for the offender in accordance with Section 77-32b-103.
        (4) (a) If there is a challenge to an offender's criminal accounts receivable, the board
 shall refer the offender's case to the sentencing court, within the time periods described in
 [Subsection 77-38b-205(5),] Section 77-38b-205, to resolve the challenge to the criminal
 accounts receivable.
        (b) If a sentencing court modifies a criminal accounts receivable after the offender is
 committed to prison, the sentencing court shall provide notice to the board of the modification.
        (5) The board may enter an order to recover any cost incurred by the department, or the
 state or any other agency, arising out of the offender's needs or conduct.
        Section 5. 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] 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:
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        (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, for an electronic
 payment fee that is charged by a financial institution for the use of a credit or debit card to
 make payments towards the criminal accounts receivable.
        (3) (a) Upon entering an order for a criminal accounts receivable, the court shall
 establish