H.B. 163 Enrolled

CRIMINAL RESTITUTION AMENDMENTS
2003 GENERAL SESSION
STATE OF UTAH
Sponsor: Douglas C. Aagard
This act modifies the Code of Criminal Procedure provisions regarding restitution by
allowing a victim to recover restitution for up to five days' wages lost as a result of a
crime that involves theft or damage to the victim's tools used in his current employment.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
77-38a-302, as last amended by Chapters 35 and 185, Laws of Utah 2002
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 77-38a-302 is amended 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 chapter, 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 (13) 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) up to five days of the individual victim's determinable wages that are lost due to theft
of or damage to tools or equipment items of a trade that were owned by the victim and were
essential to the victim's current employment at the time of the offense; and
[(v)] (vi) 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;

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(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 (5), substantially outweighs the
need to provide restitution to the victim.

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