H.B. 455 Enrolled

1

COURT SECURITY RESTRICTED ACCOUNT
2 2009 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Eric K. Hutchings
5 Senate Sponsor: Jon J. Greiner
6
7 LONG TITLE
8 General Description:
9 This bill amends the Court Security Account.
10 Highlighted Provisions:
11 This bill:
12 . increases the security surcharge in courts of record for criminal convictions and
13 juvenile delinquency judgments;
14 . increases the security surcharge on all convictions for moving violations and
15 allocates the increase to the Court Security Account created in Section 78A-2-602 ;
16 and
17 . allows the Administrative Office of the Courts to use the security surcharge for
18 perimeter security at all court locations.
19 Monies Appropriated in this Bill:
20 None
21 Other Special Clauses:
22 None
23 Utah Code Sections Affected:
24 AMENDS:
25 78A-2-601, as last amended by Laws of Utah 2008, Chapter 382 and renumbered and
26 amended by Laws of Utah 2008, Chapter 3
27 78A-2-602, as renumbered and amended by Laws of Utah 2008, Chapter 3
28 78A-7-122, as renumbered and amended by Laws of Utah 2008, Chapter 3
29

30 Be it enacted by the Legislature of the state of Utah:
31 Section 1. Section 78A-2-601 is amended to read:
32 78A-2-601. Security surcharge -- Application and exemptions -- Deposit in
33 restricted account.
34 (1) In addition to any fine, penalty, forfeiture, or other surcharge, a security surcharge
35 of [$25] $33 shall be assessed in all courts of record on all criminal convictions and juvenile
36 delinquency judgments.
37 (2) The security surcharge may not be imposed upon:
38 (a) nonmoving traffic violations;
39 (b) community service; and
40 (c) penalties assessed by the juvenile court as part of the nonjudicial adjustment of a
41 case under Section 78A-6-602 .
42 (3) The security surcharge shall be collected after the surcharge under Section
43 51-9-401 , but before any fine, and deposited with the state treasurer. A fine that would
44 otherwise have been charged may not be reduced due to the imposition of the security
45 surcharge.
46 (4) The state treasurer shall deposit the collected security surcharge in the restricted
47 account, Court Security Account, as provided in Section 78A-2-602 .
48 Section 2. Section 78A-2-602 is amended to read:
49 78A-2-602. Court Security Account established -- Funding -- Uses.
50 (1) There is created a restricted account in the General Fund known as the Court
51 Security Account.
52 (2) The state treasurer shall deposit in the Court Security Account:
53 (a) collected monies from the surcharge established in Section 78A-2-601 ;
54 (b) monies from the portion of filing fees established in Subsections
55 78A-2-301 (1)(j)(iv) and (v); and
56 (c) amounts designated by Subsection 78A-7-122 (3)(b)(ii).
57 (3) The Administrative Office of the Courts shall use the allocation [only] to contract

58 for court security at all district and juvenile courts[, including perimeter security at stand alone
59 juvenile courts,] throughout the state.
60 Section 3. Section 78A-7-122 is amended to read:
61 78A-7-122. Security surcharge -- Application -- Deposit in restricted accounts.
62 (1) In addition to any fine, penalty, forfeiture, or other surcharge, a security surcharge
63 of [$32] $40 shall be assessed on all convictions for offenses listed in the uniform bail
64 schedule adopted by the Judicial Council and moving traffic violations.
65 (2) The security surcharge shall be collected and distributed pro rata with any fine
66 collected. A fine that would otherwise have been charged may not be reduced due to the
67 imposition of the security surcharge.
68 (3) Eight dollars of the security surcharge shall be remitted to the state treasurer and
69 distributed to the Court Security Account created in Section 78A-2-602 .
70 [(3) The] (4) Thirty-two dollars of the security surcharge shall be allocated as follows:
71 (a) the assessing court shall retain 20% of the amount collected for deposit into the
72 general fund of the governmental entity; and
73 (b) 80% shall be remitted to the state treasurer to be distributed as follows:
74 (i) 62.5% to the treasurer of the county in which the justice court which remitted the
75 amount is located;
76 (ii) 25% to the Court Security Account created in Section 78A-2-602 ; and
77 (iii) 12.5% to the Justice Court Technology, Security, and Training Account created in
78 Section 78A-7-301 .
79 (4) The court shall remit money collected in accordance with Title 51, Chapter 7, State
80 Money Management Act.