H.B. 378 Enrolled

AMENDMENTS REGARDING RESTITUTION
1998 GENERAL SESSION
STATE OF UTAH
Sponsor: Neal B. Hendrickson
AN ACT RELATING TO THE CRIMINAL CODE; AMENDING DEFINITIONS REGARDING
VICTIM RESTITUTION BY CLARIFYING THE DEFINITION OF "VICTIM" AND
DELETING THE UNUSED DEFINITION OF "FAMILY MEMBER".
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
76-3-201, as last amended by Chapters 40, 79, and 241, Laws of Utah 1996
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 76-3-201 is amended to read:
76-3-201. Sentences or combination of sentences allowed -- Civil penalties --
Restitution -- Hearing -- Definitions.
(1) As used in this section:
(a) "Conviction" includes a:
(i) judgment of guilt; and
(ii) plea of guilty.
(b) "Criminal activities" means any offense of which the defendant is convicted or any
other criminal conduct for which the defendant admits responsibility to the sentencing court with
or without an admission of committing the criminal conduct.
(c) "Pecuniary damages" means all special damages, but not general damages, which a
person could recover against the defendant in a civil action arising out of the facts or events
constituting the defendant's criminal activities and includes the money equivalent of property
taken, destroyed, broken, or otherwise harmed, and losses including earnings and medical
expenses.
(d) "Restitution" means full, partial, or nominal payment for pecuniary damages to a
victim, including the accrual of interest from the time of sentencing, insured damages, and
payment for expenses to a governmental entity for extradition or transportation and as further

defined in Subsection (4)(c).
(e) (i) "Victim" means any person whom the court determines has suffered pecuniary
damages as a result of the defendant's criminal activities.
(ii) "Victim" does not include any coparticipant in the defendant's criminal activities.
(2) Within the limits prescribed by this chapter, a court may sentence a person convicted of
an offense to any one of the following sentences or combination of them:
(a) to pay a fine;
(b) to removal or disqualification from public or private office;
(c) to probation unless otherwise specifically provided by law;
(d) to imprisonment;
(e) to life imprisonment;
(f) on or after April 27, 1992, to life in prison without parole; or
(g) to death.
(3) (a) This chapter does not deprive a court of authority conferred by law to:
(i) forfeit property;
(ii) dissolve a corporation;
(iii) suspend or cancel a license;
(iv) permit removal of a person from office;
(v) cite for contempt; or
(vi) impose any other civil penalty.
(b) A civil penalty may be included in a sentence.
(4) (a) (i) When a person is convicted of criminal activity that has resulted in pecuniary
damages, in addition to any other sentence it may impose, the court shall order that the defendant
make restitution to victims of crime as provided in this subsection, or for conduct for which the
defendant has agreed to make restitution as part of a plea agreement. For purposes of restitution,
a victim has the meaning as defined in [Section 77-38-2 and family member has the meaning as
defined in Section 77-37-2] Subsection (1)(e).
(ii) In determining whether restitution is appropriate, the court shall follow the criteria and

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procedures as provided in Subsections (4)(c) and (4)(d).
(iii) If the court finds the defendant owes restitution, the clerk of the court shall enter an
order of complete restitution as defined in Subsection (8)(b) on the civil judgment docket and
provide notice of the order to the parties.
(iv) The order is considered a legal judgment enforceable under the Utah Rules of Civil
Procedure, and the person in whose favor the restitution order is entered may seek enforcement of
the restitution order in accordance with the Utah Rules of Civil Procedure. In addition, the
Department of Corrections may, on behalf of the person in whose favor the restitution order is
entered, enforce the restitution order as judgment creditor under the Utah Rules of Civil Procedure.
(v) If the defendant fails to obey a court order for payment of restitution and the victim or
department elects to pursue collection of the order by civil process, the victim shall be entitled to
recover reasonable attorney's fees.
(vi) A judgment ordering restitution constitutes a lien when recorded in a judgment docket
and shall have the same effect and is subject to the same rules as a judgment for money in a civil
action. Interest shall accrue on the amount ordered from the time of sentencing.
(vii) The Department of Corrections shall make rules permitting the restitution payments to
be credited to principal first and the remainder of payments credited to interest in accordance with
Title 63, Chapter 46a, Utah Administrative Rulemaking Act.
(b) (i) If a defendant has been extradited to this state under Title 77, Chapter 30, Extradition,
to resolve pending criminal charges and is convicted of criminal activity in the county to which he
has been returned, the court may, in addition to any other sentence it may impose, order that the
defendant make restitution for costs expended by any governmental entity for the extradition.
(ii) In determining whether restitution is appropriate, the court shall consider the criteria in
Subsection (4)(c).
(c) In determining restitution, the court shall determine complete restitution and
court-ordered restitution.
(i) Complete restitution means the restitution necessary to compensate a victim for all losses
caused by the defendant.

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(ii) Court-ordered restitution means the restitution the court having criminal jurisdiction
orders the defendant to pay as a part of the criminal sentence at the time of sentencing.
(iii) Complete restitution and court-ordered restitution shall be determined as provided in
Subsection (8).
(d) (i) If the court determines that restitution is appropriate or inappropriate under this
subsection, the court shall make the reasons for the decision a part of the court record.
(ii) In any civil action brought by a victim to enforce the judgment, the defendant shall be
entitled to offset any amounts that have been paid as part of court-ordered restitution to the victim.
(iii) A judgment ordering restitution constitutes a lien when recorded in a judgment docket
and shall have the same effect and is subject to the same rules as a judgment for money in a civil
action. Interest shall accrue on the amount ordered from the time of sentencing.
(iv) The Department of Corrections shall make rules permitting the restitution payments to
be credited to principal first and the remainder of payments credited to interest in accordance with
Title 63, Chapter 46a, Utah Administrative Rulemaking Act.
(e) If the defendant objects to the imposition, amount, or distribution of the restitution, the
court shall at the time of sentencing allow the defendant a full hearing on the issue.
(5) (a) In addition to any other sentence the court may impose, the court shall order the
defendant to pay restitution of governmental transportation expenses if the defendant was:
(i) transported pursuant to court order from one county to another within the state at
governmental expense to resolve pending criminal charges;
(ii) charged with a felony or a class A, B, or C misdemeanor; and
(iii) convicted of a crime.
(b) The court may not order the defendant to pay restitution of governmental transportation
expenses if any of the following apply:
(i) the defendant is charged with an infraction or on a subsequent failure to appear a warrant
is issued for an infraction; or
(ii) the defendant was not transported pursuant to a court order.
(c) (i) Restitution of governmental transportation expenses under Subsection (5)(a)(i) shall

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be calculated according to the following schedule:
(A) $75 for up to 100 miles a defendant is transported;
(B) $125 for 100 up to 200 miles a defendant is transported; and
(C) $250 for 200 miles or more a defendant is transported.
(ii) The schedule of restitution under Subsection (5)(c)(i) applies to each defendant
transported regardless of the number of defendants actually transported in a single trip.
(6) (a) If a statute under which the defendant was convicted mandates that one of three stated
minimum terms shall be imposed, the court shall order imposition of the term of middle severity
unless there are circumstances in aggravation or mitigation of the crime.
(b) Prior to or at the time of sentencing, either party may submit a statement identifying
circumstances in aggravation or mitigation or presenting additional facts. If the statement is in
writing, it shall be filed with the court and served on the opposing party at least four days prior to
the time set for sentencing.
(c) In determining whether there are circumstances that justify imposition of the highest or
lowest term, the court may consider the record in the case, the probation officer's report, other
reports, including reports received under Section 76-3-404, statements in aggravation or mitigation
submitted by the prosecution or the defendant, and any further evidence introduced at the sentencing
hearing.
(d) The court shall set forth on the record the facts supporting and reasons for imposing the
upper or lower term.
(e) The court in determining a just sentence shall consider sentencing guidelines regarding
aggravation and mitigation promulgated by the Commission on Criminal and Juvenile Justice.
(7) If during the commission of a crime described as child kidnaping, rape of a child, object
rape of a child, sodomy upon a child, or sexual abuse of a child, the defendant causes substantial
bodily injury to the child, and if the charge is set forth in the information or indictment and admitted
by the defendant, or found true by a judge or jury at trial, the defendant shall be sentenced to the
highest minimum term in state prison. This subsection takes precedence over any conflicting
provision of law.

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(8) (a) For the purpose of determining restitution for an offense, the offense shall include
any criminal conduct admitted by the defendant to the sentencing court or to which the defendant
agrees to pay restitution. A victim of an offense, that involves as an element a scheme, a conspiracy,
or a pattern of criminal activity, includes any person directly harmed by the defendant's criminal
conduct in the course of the scheme, conspiracy, or pattern.
(b) In determining the monetary sum and other conditions for complete restitution, the court
shall consider all relevant facts, including:
(i) the cost of the damage or loss if the offense resulted in damage to or loss or destruction
of property of a victim of the offense;
(ii) the cost of necessary medical and related professional services and devices relating to
physical, psychiatric, and psychological care, including nonmedical care and treatment rendered in
accordance with a method of healing recognized by the law of the place of treatment; the cost of
necessary physical and occupational therapy and rehabilitation; and the income lost by the victim
as a result of the offense if the offense resulted in bodily injury to a victim; and
(iii) the cost of necessary funeral and related services if the offense resulted in the death of
a victim.
(c) In determining the monetary sum and other conditions for court-ordered restitution, the
court shall consider the factors listed in Subsection (8)(b) and:
(i) the financial resources of the defendant and the burden that payment of restitution will
impose, with regard to the other obligations of the defendant;
(ii) the ability of the defendant to pay restitution on an installment basis or on other
conditions to be fixed by the court;
(iii) the rehabilitative effect on the defendant of the payment of restitution and the method
of payment; and
(iv) other circumstances which the court determines make restitution inappropriate.
(d) The court may decline to make an order or may defer entering an order of restitution if
the court determines that the complication and prolongation of the sentencing process, as a result of
considering an order of restitution under this subsection, substantially outweighs the need to provide

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restitution to the victim.

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