S.B. 167

This document includes Senate 3^rd Reading Floor Amendments incorporated into the bill on Fri, Feb 27, 2004 at 3:35 PM by rday. --> 1

VICTIM RESTITUTION AMENDMENTS
2 2004 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Gregory S. Bell
5
6 LONG TITLE
7 General Description:
8 This bill allows for pretrial orders to preserve property that might be necessary to
9 satisfy an anticipated restitution order in the case of a conviction.
10 Highlighted Provisions:
11 This bill:
12 . allows a prosecutor to ask the court to take action to preserve property that might be
13 necessary to satisfy a restitution order;
14 . requires notice and opportunity for a hearing be given to persons having an interest
15 in the property:
16 . allows notice and opportunity for a hearing to be waived under certain conditions;
17 and
18 . limits the time period of the order.
19 Monies Appropriated in this Bill:
20 None
21 Other Special Clauses:
22 None
23 Utah Code Sections Affected:
24 ENACTS:
25 77-38a-601, Utah Code Annotated 1953
26
27 Be it enacted by the Legislature of the state of Utah:

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Senate 3^rd Reading Amendments 2-27-2004 rd/ecm 28

Section 1. Section 77-38a-601 is enacted to read:
29 Part 6. Preservation of Assets
30 77-38a-601. Preservation of assets.
31 (1) At the time a criminal information, indictment charging a violation, or a petition
32 alleging delinquency is filed, S OR AT ANY TIME DURING THE PROSECUTION OF THE CASE, s a
32a prosecutor may petition the court to enter a restraining order or
33 injunction, require the execution of a satisfactory performance bond, or take any other action to
34 preserve the availability of property which may be necessary to satisfy an anticipated restitution
35 order if, in the prosecutor's best judgement, there is a substantial likelihood that a conviction
36 will be obtained and restitution will be ordered.
37 (a) Upon receiving a petition from a prosecutor under this Subsection (1), S AND AFTER
37a NOTICE AND A HEARING, s the court
38 may enter a restraining order or injunction, require the execution of a satisfactory performance
39 bond, or take any action necessary to preserve the availability of property which may be
40 necessary to satisfy an anticipated restitution order.
41 (b) An order entered under this Subsection (1) is effective for up to 90 days, unless
42 extended by the court for good cause shown.
43 (2) Prior to the filing of a criminal information, indictment charging a violation, or a
44 petition alleging delinquency, a prosecutor may petition the court to enter a restraining order or
45 injunction, require the execution of a satisfactory performance bond, or take any other action to
46 preserve the availability of property which may be necessary to satisfy an anticipated restitution
47 order if, in the prosecutor's best judgement, there is a substantial likelihood that a conviction
48 will be obtained and restitution will be ordered.
49 (a) Upon receiving a request from a prosecutor under this Subsection (2), the court may
50 enter a restraining order or injunction, require the execution of a satisfactory performance
51 bond, or take any action necessary to preserve the availability of property which may be
52 necessary to satisfy an anticipated restitution order after notice to persons appearing to have an
53 interest in the property and affording them an opportunity to be heard, if the court determines
54 that:
55 (i) there is S [ a substantial likelihood that the state will prevail on the underlying criminal
56 charges or allegation of delinquency ] PROBABLE CAUSE TO BELIEVE THAT A CRIME HAS BEEN
56a COMMITTED AND THAT THE DEFENDANT COMMITTED IT, s and that failure to enter the order will
56b result in the
57 property being sold, distributed, exhibited, destroyed, or removed from the jurisdiction of the
58 court, or otherwise be made unavailable for restitution; and

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- 3 - 59 (ii) the need to preserve the availability of the property or prevent its sale, distribution,
60 exhibition, destruction, or removal through the entry of the requested order outweighs the
61 hardship on any party against whom the order is to be entered.
62 (b) An order entered under this Subsection (2) is effective for the period of time given
63 in the order.
64 (3) (a) Upon receiving a request from a prosecutor under Subsection (2), and
65 notwithstanding Subsection (2)(a)(i), a court may enter a temporary restraining order against an
66 owner with respect to specific property without notice or opportunity for a hearing if:
67 (i) the prosecutor demonstrates that there is a substantial likelihood that the property
68 with respect to which the order is sought appears to be necessary to satisfy an anticipated
69 restitution order under this chapter; and
70 (ii) that provision of notice would jeopardize the availability of the property to satisfy
71 any restitution order or judgment.
72 (b) The temporary order in this Subsection (3) expires not more than ten days after it is
73 entered unless extended for good cause shown or the party against whom it is entered consents
74 to an extension.
75 (4) A hearing concerning an order entered under this section shall be held as soon as
76 possible, and prior to the expiration of the temporary order.

Legislative Review Note
as of 2-10-04 3:03 PM

A limited legal review of this legislation raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel