S.B. 167 Enrolled

VICTIM RESTITUTION AMENDMENTS
2004 GENERAL SESSION
STATE OF UTAH
Sponsor: Gregory S. Bell

LONG TITLE
General Description:
This bill allows for pretrial orders to preserve property that might be necessary to satisfy
an anticipated restitution order in the case of a conviction.
Highlighted Provisions:
This bill:
. allows a prosecutor to ask the court to take action to preserve property that might
be necessary to satisfy a restitution order;
. requires notice and opportunity for a hearing be given to persons having an interest
in the property:
. allows notice and opportunity for a hearing to be waived under certain conditions;
and
. limits the time period of the order.
Monies Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
ENACTS:
77-38a-601, Utah Code Annotated 1953

Be it enacted by the Legislature of the state of Utah:
Section 1. Section 77-38a-601 is enacted to read:
Part 6. Preservation of Assets

77-38a-601. Preservation of assets.
(1) At the time a criminal information, indictment charging a violation, or a petition
alleging delinquency is filed, or at any time during the prosecution of the case, a prosecutor may
petition the court to enter a restraining order or injunction, require the execution of a satisfactory
performance bond, or take any other action to preserve the availability of property which may be
necessary to satisfy an anticipated restitution order if, in the prosecutor's best judgement, there is
a substantial likelihood that a conviction will be obtained and restitution will be ordered.
(a) Upon receiving a petition from a prosecutor under this Subsection (1), and after
notice and a hearing, the court may enter a restraining order or injunction, require the execution
of a satisfactory performance bond, or take any action necessary to preserve the availability of
property which may be necessary to satisfy an anticipated restitution order.
(b) An order entered under this Subsection (1) is effective for up to 90 days, unless
extended by the court for good cause shown.
(2) Prior to the filing of a criminal information, indictment charging a violation, or a
petition alleging delinquency, a prosecutor may petition the court to enter a restraining order or
injunction, require the execution of a satisfactory performance bond, or take any other action to
preserve the availability of property which may be necessary to satisfy an anticipated restitution
order if, in the prosecutor's best judgement, there is a substantial likelihood that a conviction will
be obtained and restitution will be ordered.
(a) Upon receiving a request from a prosecutor under this Subsection (2), the court may
enter a restraining order or injunction, require the execution of a satisfactory performance bond,
or take any action necessary to preserve the availability of property which may be necessary to
satisfy an anticipated restitution order after notice to persons appearing to have an interest in the
property and affording them an opportunity to be heard, if the court determines that:
(i) there is probable cause to believe that a crime has been committed and that the
defendant committed it, and that failure to enter the order will result in the property being sold,
distributed, exhibited, destroyed, or removed from the jurisdiction of the court, or otherwise be
made unavailable for restitution; and

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

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