H.B. 439

1

RESTITUTION FUND ACCOUNT
2 2008 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Paul A. Neuenschwander
5 Senate Sponsor: ____________
6
7 LONG TITLE
8 General Description:
9 This bill authorizes certain prosecutors to create an interest bearing account to hold
10 restitution monies.
11 Highlighted Provisions:
12 This bill:
13 . authorizes creation of an interest bearing restitution account;
14 . provides that interest earned be distributed pro rata to each crime victim; and
15 . requires any leftover monies to be transferred to the Division of Finance for deposit
16 into the General Fund.
17 Monies Appropriated in this Bill:
18 None
19 Other Special Clauses:
20 None
21 Utah Code Sections Affected:
22 AMENDS:
23 77-38a-202, as enacted by Laws of Utah 2001, Chapter 137
24
25 Be it enacted by the Legislature of the state of Utah:
26 Section 1. Section 77-38a-202 is amended to read:
27 77-38a-202. Restitution determination -- Prosecution duties and responsibilities.

28 (1) At the time of entry of a conviction or entry of any plea disposition of a felony or
29 class A misdemeanor, the attorney general, county attorney, municipal attorney, or district
30 attorney shall provide to the district court:
31 (a) the names of all victims, including third parties, asserting claims for restitution;
32 (b) the actual or estimated amount of restitution determined at that time; and
33 (c) whether or not the defendant has agreed to pay the restitution specified as part of
34 the plea disposition.
35 (2) In computing actual or estimated restitution, the attorney general, county attorney,
36 municipal attorney, or district attorney shall:
37 (a) use the criteria set forth in Section 77-38a-302 for establishing restitution amounts;
38 and
39 (b) in cases involving multiple victims, incorporate into any conviction or plea
40 disposition all claims for restitution arising out of the investigation for which the defendant is
41 charged.
42 (3) If charges are not to be prosecuted as part of a plea disposition, restitution claims
43 from victims of those crimes shall also be provided to the court.
44 (4) (a) The attorney general, county attorney, municipal attorney, or district attorney
45 may deposit restitution collected on behalf of private victims into an interest bearing account.
46 (b) The attorney general, county attorney, municipal attorney, or district attorney shall:
47 (i) distribute any interest that accrues in the account pro rata to each crime victim; and
48 (ii) after all crime victims have been made whole and the interest has been distributed
49 as required by Subsection (4)(b)(i), transfer any remaining funds to the state Division of
50 Finance for deposit into the General Fund.




Legislative Review Note
as of 2-6-08 4:08 PM

Office of Legislative Research and General Counsel