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[Introduced][Amended][Status][Bill Documents][Fiscal Note][Bills Directory]
H.B. 26 Enrolled
Afton B. Bradshaw
A. Lamont Tyler
Gary F. Cox
Neal B. Hendrickson
David Ure
Ty McCartney
Carol Spackman Moss
Peggy Wallace
Trisha S. Beck
Duane E. Bourdeaux
Paul Ray
Matt Throckmorton
DeMar Bud Bowman
Jack A. Seitz
Douglas C. Aagard
This act modifies the Code of Criminal Procedure by creating the Crime Victims Restitution
Act. The act defines terms and sets out procedures for collecting restitution from persons
convicted of a crime and ordered by a court to pay restitution to their victims. The act
requires input on the issue of restitution from law enforcement agencies, prosecutors, and
the Department of Corrections. In addition, the defendant is required to provide
information to the court to help the court determine restitution. The act also provides a
mechanism by which a restitution order can be enforced through a civil action and declares
that it is nondischargeable in bankruptcy. Priority, enforcement, and collection of
restitution is also addressed.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
77-18-1, as last amended by Chapters 279 and 287, Laws of Utah 1999
ENACTS:
77-38a-101, Utah Code Annotated 1953
77-38a-102, Utah Code Annotated 1953
77-38a-201, Utah Code Annotated 1953
77-38a-202, Utah Code Annotated 1953
77-38a-203, Utah Code Annotated 1953
77-38a-301, Utah Code Annotated 1953
77-38a-302, Utah Code Annotated 1953
77-38a-401, Utah Code Annotated 1953
77-38a-402, Utah Code Annotated 1953
77-38a-403, Utah Code Annotated 1953
77-38a-404, Utah Code Annotated 1953
77-38a-501, Utah Code Annotated 1953
77-38a-502, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 77-18-1 is amended to read:
77-18-1. Suspension of sentence -- Pleas held in abeyance -- Probation -- Supervision
-- Presentence investigation -- Standards -- Confidentiality -- Terms and conditions --
Restitution -- Termination, revocation, modification, or extension -- Hearings -- Electronic
monitoring.
(1) On a plea of guilty or no contest entered by a defendant in conjunction with a plea in
abeyance agreement, the court may hold the plea in abeyance as provided in Title 77, Chapter 2a,
Pleas in Abeyance, and under the terms of the plea in abeyance agreement.
(2) (a) On a plea of guilty, guilty and mentally ill, no contest, or conviction of any crime or
offense, the court may suspend the imposition or execution of sentence and place the defendant on
probation. The court may place the defendant:
(i) on probation under the supervision of the Department of Corrections except in cases of
class C misdemeanors or infractions;
(ii) on probation with an agency of local government or with a private organization; or
(iii) on bench probation under the jurisdiction of the sentencing court.
(b) (i) The legal custody of all probationers under the supervision of the department is with
the department.
(ii) The legal custody of all probationers under the jurisdiction of the sentencing court is
vested as ordered by the court.
(iii) The court has continuing jurisdiction over all probationers.
(3) (a) The department shall establish supervision and presentence investigation standards
for all individuals referred to the department. These standards shall be based on:
(i) the type of offense;
(ii) the demand for services;
(iii) the availability of agency resources;
(iv) the public safety; and
(v) other criteria established by the department to determine what level of services shall be
provided.
(b) Proposed supervision and investigation standards shall be submitted to the Judicial
Council and the Board of Pardons and Parole on an annual basis for review and comment prior to
adoption by the department.
(c) The Judicial Council and the department shall establish procedures to implement the
supervision and investigation standards.
(d) The Judicial Council and the department shall annually consider modifications to the
standards based upon criteria in Subsection (3)(a) and other criteria as they consider appropriate.
(e) The Judicial Council and the department shall annually prepare an impact report and
submit it to the appropriate legislative appropriations subcommittee.
(4) Notwithstanding other provisions of law, the department is not required to supervise the
probation of persons convicted of class B or C misdemeanors or infractions or to conduct
presentence investigation reports on class C misdemeanors or infractions. However, the department
may supervise the probation of class B misdemeanants in accordance with department standards.
(5) (a) Prior to the imposition of any sentence, the court may, with the concurrence of the
defendant, continue the date for the imposition of sentence for a reasonable period of time for the
purpose of obtaining a presentence investigation report from the department or information from
other sources about the defendant.
(b) The presentence investigation report shall include a victim impact statement describing
the effect of the crime on the victim and the victim's family. The victim impact statement shall:
(i) identify [
(ii) include a specific statement of the recommended amount of complete restitution as
defined in Subsection 76-3-201 (4), accompanied by a recommendation from the department
regarding the payment of court-ordered restitution as defined in Subsection 76-3-201 (4) by the
defendant;
(iii) identify any physical injury suffered by the victim as a result of the offense along with
its seriousness and permanence;
(iv) describe any change in the victim's personal welfare or familial relationships as a result
of the offense;
(v) identify any request for psychological services initiated by the victim or the victim's
family as a result of the offense; and
(vi) contain any other information related to the impact of the offense upon the victim or the
victim's family and any information required by Section 77-38a-203 that is relevant to the trial court's
sentencing determination.
(c) The presentence investigation report shall include a specific statement of pecuniary
damages, accompanied by a recommendation from the department regarding the payment of
restitution with interest by the defendant in accordance with Subsection 76-3-201 (4).
(d) The contents of the presentence investigation report, including any diagnostic evaluation
report ordered by the court under Section 76-3-404 , are protected and are not available except by
court order for purposes of sentencing as provided by rule of the Judicial Council or for use by the
department.
(6) (a) The department shall provide the presentence investigation report to the defendant's
attorney, or the defendant if not represented by counsel, the prosecutor, and the court for review,
three working days prior to sentencing. Any alleged inaccuracies in the presentence investigation
report, which have not been resolved by the parties and the department prior to sentencing, shall be
brought to the attention of the sentencing judge, and the judge may grant an additional ten working
days to resolve the alleged inaccuracies of the report with the department. If after ten working days
the inaccuracies cannot be resolved, the court shall make a determination of relevance and accuracy
on the record.
(b) If a party fails to challenge the accuracy of the presentence investigation report at the
time of sentencing, that matter shall be considered to be waived.
(7) At the time of sentence, the court shall receive any testimony, evidence, or information
the defendant or the prosecuting attorney desires to present concerning the appropriate sentence.
This testimony, evidence, or information shall be presented in open court on record and in the
presence of the defendant.
(8) While on probation, and as a condition of probation, the court may require that the
defendant:
(a) perform any or all of the following:
(i) pay, in one or several sums, any fine imposed at the time of being placed on probation;
(ii) pay amounts required under Title 77, Chapter 32a, Defense Costs;
(iii) provide for the support of others for whose support he is legally liable;
(iv) participate in available treatment programs;
(v) serve a period of time, not to exceed one year, in a county jail designated by the
department, after considering any recommendation by the court as to which jail the court finds most
appropriate;
(vi) serve a term of home confinement, which may include the use of electronic monitoring;
(vii) participate in compensatory service restitution programs, including the compensatory
service program provided in Section 78-11-20.7 ;
(viii) pay for the costs of investigation, probation, and treatment services;
(ix) make restitution or reparation to the victim or victims with interest in accordance with
Subsection 76-3-201 (4); and
(x) comply with other terms and conditions the court considers appropriate; and
(b) if convicted on or after May 5, 1997:
(i) complete high school classwork and obtain a high school graduation diploma, a GED
certificate, or a vocational certificate at the defendant's own expense if the defendant has not
received the diploma, GED certificate, or vocational certificate prior to being placed on probation;
or
(ii) provide documentation of the inability to obtain one of the items listed in Subsection
(8)(b)(i) because of:
(A) a diagnosed learning disability; or
(B) other justified cause.
(9) The department shall collect and disburse the account receivable as defined by Section
76-3-201.1 , with interest and any other costs assessed under Section 64-13-21 during:
(a) the parole period and any extension of that period in accordance with Subsection
77-27-6 (4); and
(b) the probation period in cases for which the court orders supervised probation and any
extension of that period by the department in accordance with Subsection 77-18-1 (10).
(10) (a) (i) Probation may be terminated at any time at the discretion of the court or upon
completion without violation of 36 months probation in felony or class A misdemeanor cases, or 12
months in cases of class B or C misdemeanors or infractions.
(ii) (A) If, upon expiration or termination of the probation period under Subsection
(10)(a)(i), there remains an unpaid balance upon the account receivable as defined in Section
76-3-201.1 , the court may retain jurisdiction of the case and continue the defendant on bench
probation for the limited purpose of enforcing the payment of the account receivable.
(B) In accordance with Section 77-18-6 , the court shall record in the registry of civil
judgments any unpaid balance not already recorded and immediately transfer responsibility to collect
the account to the Office of State Debt Collection.
(iii) Upon motion of the Office of State Debt Collection, prosecutor, victim, or upon its own
motion, the court may require the defendant to show cause why his failure to pay should not be
treated as contempt of court.
(b) (i) The department shall notify the sentencing court, the Office of State Debt Collection,
and the prosecuting attorney in writing in advance in all cases when termination of supervised
probation will occur by law.
(ii) The notification shall include a probation progress report and complete report of details
on outstanding accounts receivable.
(11) (a) (i) Any time served by a probationer outside of confinement after having been
charged with a probation violation and prior to a hearing to revoke probation does not constitute
service of time toward the total probation term unless the probationer is exonerated at a hearing to
revoke the probation.
(ii) Any time served in confinement awaiting a hearing or decision concerning revocation
of probation does not constitute service of time toward the total probation term unless the
probationer is exonerated at the hearing.
(b) The running of the probation period is tolled upon the filing of a violation report with
the court alleging a violation of the terms and conditions of probation or upon the issuance of an
order to show cause or warrant by the court.
(12) (a) (i) Probation may not be modified or extended except upon waiver of a hearing by
the probationer or upon a hearing and a finding in court that the probationer has violated the
conditions of probation.
(ii) Probation may not be revoked except upon a hearing in court and a finding that the
conditions of probation have been violated.
(b) (i) Upon the filing of an affidavit alleging with particularity facts asserted to constitute
violation of the conditions of probation, the court that authorized probation shall determine if the
affidavit establishes probable cause to believe that revocation, modification, or extension of
probation is justified.
(ii) If the court determines there is probable cause, it shall cause to be served on the
defendant a warrant for his arrest or a copy of the affidavit and an order to show cause why his
probation should not be revoked, modified, or extended.
(c) (i) The order to show cause shall specify a time and place for the hearing and shall be
served upon the defendant at least five days prior to the hearing.
(ii) The defendant shall show good cause for a continuance.
(iii) The order to show cause shall inform the defendant of a right to be represented by
counsel at the hearing and to have counsel appointed for him if he is indigent.
(iv) The order shall also inform the defendant of a right to present evidence.
(d) (i) At the hearing, the defendant shall admit or deny the allegations of the affidavit.
(ii) If the defendant denies the allegations of the affidavit, the prosecuting attorney shall
present evidence on the allegations.
(iii) The persons who have given adverse information on which the allegations are based
shall be presented as witnesses subject to questioning by the defendant unless the court for good
cause otherwise orders.
(iv) The defendant may call witnesses, appear and speak in his own behalf, and present
evidence.
(e) (i) After the hearing the court shall make findings of fact.
(ii) Upon a finding that the defendant violated the conditions of probation, the court may
order the probation revoked, modified, continued, or that the entire probation term commence anew.
(iii) If probation is revoked, the defendant shall be sentenced or the sentence previously
imposed shall be executed.
[
[
Division of Mental Health for treatment at the Utah State Hospital as a condition of probation or stay
of sentence, only after the superintendent of the Utah State Hospital or his designee has certified to
the court that:
(a) the defendant is appropriate for and can benefit from treatment at the state hospital;
(b) treatment space at the hospital is available for the defendant; and
(c) persons described in Subsection 62A-12-209 (2)(g) are receiving priority for treatment
over the defendants described in this Subsection [
[
are classified protected in accordance with Title 63, Chapter 2, Government Records Access and
Management Act. Notwithstanding Sections 63-2-403 and 63-2-404 , the State Records Committee
may not order the disclosure of a presentence investigation report. Except for disclosure at the time
of sentencing pursuant to this section, the department may disclose the presentence investigation
only when:
(a) ordered by the court pursuant to Subsection 63-2-202 (7);
(b) requested by a law enforcement agency or other agency approved by the department for
purposes of supervision, confinement, and treatment of the offender;
(c) requested by the Board of Pardons and Parole;
(d) requested by the subject of the presentence investigation report or the subject's authorized
representative; or
(e) requested by the victim of the crime discussed in the presentence investigation report or
the victim's authorized representative, provided that the disclosure to the victim shall include only
information relating to statements or materials provided by the victim, to the circumstances of the
crime including statements by the defendant, or to the impact of the crime on the victim or the
victim's household.
[
the supervision of the department, except as provided in Sections 76-3-406 and 76-5-406.5 .
(b) The department shall establish procedures and standards for home confinement,
including electronic monitoring, for all individuals referred to the department in accordance with
Subsection [
[
the defendant to participate in home confinement through the use of electronic monitoring as
described in this section until further order of the court.
(b) The electronic monitoring shall alert the department and the appropriate law enforcement
unit of the defendant's whereabouts.
(c) The electronic monitoring device shall be used under conditions which require:
(i) the defendant to wear an electronic monitoring device at all times; and
(ii) that a device be placed in the home of the defendant, so that the defendant's compliance
with the court's order may be monitored.
(d) If a court orders a defendant to participate in home confinement through electronic
monitoring as a condition of probation under this section, it shall:
(i) place the defendant on probation under the supervision of the Department of Corrections;
(ii) order the department to place an electronic monitoring device on the defendant and
install electronic monitoring equipment in the residence of the defendant; and
(iii) order the defendant to pay the costs associated with home confinement to the department
or the program provider.
(e) The department shall pay the costs of home confinement through electronic monitoring
only for those persons who have been determined to be indigent by the court.
(f) The department may provide the electronic monitoring described in this section either
directly or by contract with a private provider.
Section 2. Section 77-38a-101 is enacted to read:
77-38a-101. Title.
This chapter is known as the "Crime Victims Restitution Act."
Section 3. Section 77-38a-102 is enacted to read:
77-38a-102. Definitions.
As used in this chapter:
(1) "Conviction" includes a:
(a) judgment of guilt;
(b) a plea of guilty; or
(c) a plea of no contest.
(2) "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.
(3) "Department" means the Department of Corrections.
(4) "Diversion" means suspending criminal proceedings prior to conviction on the condition
that a defendant agree to participate in a rehabilitation program, make restitution to the victim, or
fulfill some other condition.
(5) "Party" means the prosecutor, defendant, or department involved in a prosecution.
(6) "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.
(7) "Plea agreement" means an agreement entered between the prosecution and defendant
setting forth the special terms and conditions and criminal charges upon which the defendant will
enter a plea of guilty or no contest.
(8) "Plea in abeyance" means an order by a court, upon motion of the prosecution and the
defendant, accepting a plea of guilty or of no contest from the defendant but not, at that time,
entering judgment of conviction against him nor imposing sentence upon him on condition that he
comply with specific conditions as set forth in a plea in abeyance agreement.
(9) "Plea in abeyance agreement" means an agreement entered into between the prosecution
and the defendant setting forth the specific terms and conditions upon which, following acceptance
of the agreement by the court, a plea may be held in abeyance.
(10) "Plea disposition" means an agreement entered into between the prosecution and
defendant including diversion, plea agreement, plea in abeyance agreement, or any agreement by
which the defendant may enter a plea in any other jurisdiction or where charges are dismissed
without a plea.
(11) "Restitution" means full, partial, or nominal payment for pecuniary damages to a victim,
including prejudgment interest, 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 by law.
(12) "Screening" means the process used by a prosecuting attorney to terminate investigative
action, proceed with prosecution, move to dismiss a prosecution that has been commenced, or cause
a prosecution to be diverted.
(13) (a) "Victim" means any person whom the court determines has suffered pecuniary
damages as a result of the defendant's criminal activities.
(b) "Victim" may not include a codefendant or accomplice.
Section 4. Section 77-38a-201 is enacted to read:
77-38a-201. Restitution determination -- Law enforcement duties and responsibilities.
Any law enforcement agency conducting an investigation for criminal conduct which would
constitute a felony or class A misdemeanor shall provide in the investigative reports whether a claim
for restitution exists, the basis for the claim, and the estimated or actual amount of the claim.
Section 5. Section 77-38a-202 is enacted to read:
77-38a-202. Restitution determination -- Prosecution duties and responsibilities.
(1) At the time of entry of a conviction or entry of any plea disposition of a felony or class
A misdemeanor, the attorney general, county attorney, municipal attorney, or district attorney shall
provide to the district court:
(a) the names of all victims, including third parties, asserting claims for restitution;
(b) the actual or estimated amount of restitution determined at that time; and
(c) whether or not the defendant has agreed to pay the restitution specified as part of the plea
disposition.
(2) In computing actual or estimated restitution, the attorney general, county attorney,
municipal attorney, or district attorney shall:
(a) use the criteria set forth in Section 77-38a-302 for establishing restitution amounts; and
(b) in cases involving multiple victims, incorporate into any conviction or plea disposition
all claims for restitution arising out of the investigation for which the defendant is charged.
(3) If charges are not to be prosecuted as part of a plea disposition, restitution claims from
victims of those crimes shall also be provided to the court.
Section 6. Section 77-38a-203 is enacted to read:
77-38a-203. Restitution determination -- Department of Corrections -- Presentence
investigation.
(1) (a) The department shall prepare a presentence investigation report in accordance with
Subsection 77-18-1 (5). The prosecutor and law enforcement agency involved shall provide all
available victim information to the department upon request. The victim impact statement shall:
(i) identify all victims of the offense;
(ii) itemize any economic loss suffered by the victim as a result of the offense;
(iii) include for each identifiable victim a specific statement of the recommended amount
of complete restitution as defined in Section 77-38a-302 , accompanied by a recommendation from
the department regarding the payment by the defendant of court-ordered restitution with interest as
defined in Section 77-38a-302 ;
(iv) identify any physical, mental, or emotional injuries suffered by the victim as a result of
the offense, and the seriousness and permanence;
(v) describe any change in the victim's personal welfare or familial relationships as a result
of the offense;
(vi) identify any request for mental health services initiated by the victim or the victim's
family as a result of the offense; and
(vii) contain any other information related to the impact of the offense upon the victim or
the victim's family that the court requires.
(b) The crime victim shall be responsible to provide to the department upon request all
invoices, bills, receipts, and other evidence of injury, loss of earnings, and out-of-pocket loss. The
crime victim shall also provide upon request:
(i) all documentation and evidence of compensation or reimbursement from insurance
companies or agencies of the state of Utah, any other state, or federal government received as a direct
result of the crime for injury, loss, earnings, or out-of-pocket loss; and
(ii) proof of identification, including date of birth, Social Security number, drivers license
number, next of kin, and home and work address and telephone numbers.
(c) The inability, failure, or refusal of the crime victim to provide all or part of the requested
information shall result in the court determining restitution based on the best information available.
(2) (a) The court shall order the defendant as part of the presentence investigation to submit
to the department any information determined necessary to be disclosed for the purpose of
ascertaining the restitution.
(b) The willful failure or refusal of the defendant to provide all or part of the requisite
information shall constitute a waiver of any grounds to appeal or seek future amendment or alteration
of the restitution order predicated on the undisclosed information.
(c) If the defendant objects to the imposition, amount, or distribution of the restitution
recommended in the presentence investigation, or if the department is unable to determine the
restitution for any reason, the court shall set a hearing date to resolve the matter.
(d) If any party fails to challenge the accuracy of the presentence investigation report at the
time of sentencing, that matter shall be considered to be waived.
Section 7. Section 77-38a-301 is enacted to read:
77-38a-301. Restitution -- Convicted defendant may be required to pay.
In a criminal action, the court may require a convicted defendant to make restitution.
Section 8. Section 77-38a-302 is enacted to read:
77-38a-302. Restitution criteria.
(1) When a defendant 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 disposition. For purposes of restitution,
a victim has the meaning as defined in Subsection 77-38a-102 (12) and in determining whether
restitution is appropriate, the court shall follow the criteria and procedures as provided in
Subsections (2) through (5).
(2) In determining restitution, the court shall determine complete restitution and
court-ordered restitution.
(a) "Complete restitution" means restitution necessary to compensate a victim for all losses
caused by the defendant.
(b) "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.
(c) Complete restitution and court-ordered restitution shall be determined as provided in
Subsection (5).
(3) If the court determines that restitution is appropriate or inappropriate under this part, the
court shall make the reasons for the decision part of the court record.
(4) 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) 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 or mental health care, including nonmedical care and treatment rendered in accordance with
a method of healing recognized by the law of the place of treatment;
(iii) the cost of necessary physical and occupational therapy and rehabilitation;
(iv) the income lost by the victim as a result of the offense if the offense resulted in bodily
injury to a victim; and
(v) 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 Subsections (5)(a) and (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 may 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
restitution to the victim.
Section 9. Section 77-38a-401 is enacted to read:
77-38a-401. Entry of judgment -- Interest -- Civil actions -- Lien.
(1) Upon the court determining that a defendant owes restitution, the clerk of the court shall
enter an order of complete restitution as defined in Section 77-38a-302 on the civil judgment docket
and provide notice of the order to the parties.
(2) The order shall be considered a legal judgment, enforceable under the Utah Rules of
Civil Procedure. In addition, the department 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.
(3) 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.
(4) A judgment ordering restitution when recorded in a registry of judgments docket shall
have the same affect and is subject to the same rules as a judgment in a civil action. Interest shall
accrue on the amount ordered from the time of sentencing, including prejudgment interest.
(5) The department 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.
Section 10. Section 77-38a-402 is enacted to read:
77-38a-402. Nondischargeability in bankruptcy.
Restitution imposed under this chapter and interest accruing in accordance with Subsection
77-38a-401 (4) is considered a debt and may not be discharged in bankruptcy.
Section 11. Section 77-38a-403 is enacted to read:
77-38a-403. Civil action by victim for damages.
(1) Provisions in this part concerning restitution do not limit or impair the right of a person
injured by a defendant's criminal activities to sue and recover damages from the defendant in a civil
action. Evidence that the defendant has paid or been ordered to pay restitution under this part may
not be introduced in any civil action arising out of the facts or events which were the basis for the
restitution. However, the court shall credit any restitution paid by the defendant to a victim against
any judgment in favor of the victim in the civil action.
(2) If conviction in a criminal trial necessarily decides the issue of a defendant's liability for
pecuniary damages of a victim, that issue is conclusively determined as to the defendant if it is
involved in a subsequent civil action.
Section 12. Section 77-38a-404 is enacted to read:
77-38a-404. Priority.
(1) If restitution to more than one person, agency, or entity is set at the same time, the
department shall establish the following priorities of payment:
(a) the crime victim;
(b) the Office of Crime Victim Reparations;
(c) any other government agency which has provided reimbursement to the victim as a result
of the offender's criminal conduct; and
(d) any insurance company which has provided reimbursement to the victim as a result of
the offender's criminal conduct.
(2) All money collected for court-ordered obligations from offenders by the department will
be applied first to victim restitution, absent the $30 per month required to be collected by the
department under Section 64-13-21 .
Section 13. Section 77-38a-501 is enacted to read:
77-38a-501. Collection, default, and sanctions.
When a defendant defaults in the payment of a judgment for restitution or any installment
ordered, the court, on motion of the prosecutor, parole or probation agent, victim, or on its own
motion may impose sanctions against the defendant as provided in Subsection 76-3-201 (1).
Section 14. Section 77-38a-502 is enacted to read:
77-38a-502. Collection from inmate offenders.
In addition to the remedies provided in Section 77-38a-501 , the department upon written
request of the prosecutor, victim, or parole or probation agent, shall collect restitution from offender
funds held by the department as provided in Section 64-13-23 .
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