Representative Brian S. King proposes the following substitute bill:





Chief Sponsor: Brian S. King

Senate Sponsor: Deidre M. Henderson


9     General Description:
10          This bill allows a defendant the option of performing compensatory service in lieu of a
11     fine for a conviction of an infraction or misdemeanor.
12     Highlighted Provisions:
13          This bill:
14          ▸     defines "compensatory service";
15          ▸     requires that a court provide a person convicted of an infraction, class B, or class C
16     misdemeanor with the option to perform compensatory service in lieu of paying a
17     fine; and
18          ▸     sets reporting requirements.
19     Money Appropriated in this Bill:
20          None
21     Other Special Clauses:
22          None
23     Utah Code Sections Affected:
24     AMENDS:
25          76-3-205, as enacted by Laws of Utah 1973, Chapter 196

26     ENACTS:
27          76-3-301.7, Utah Code Annotated 1953

29     Be it enacted by the Legislature of the state of Utah:
30          Section 1. Section 76-3-205 is amended to read:
31          76-3-205. Infraction conviction -- Fine, forfeiture, and disqualification.
32          (1) A person convicted of an infraction may not be imprisoned but may be subject to:
33          (a) a fine, which may include compensatory service as a method to satisfy the fine;
34          (b) forfeiture[, and];
35          (c) disqualification[,]; or
36          (d) any combination of the above.
37          (2) Compensatory service shall be considered in accordance with Section 76-3-301.7.
38          [(2)] (3) Whenever a person is convicted of an infraction and no punishment is
39     specified, the person may be fined as for a class C misdemeanor.
40          Section 2. Section 76-3-301.7 is enacted to read:
41          76-3-301.7. Compensatory service.
42          (1) As used in this section, "compensatory service" means service or unpaid work
43     performed by a person, in lieu of the payment of a criminal fine, for:
44          (a) a state or local government agency;
45          (b) an entity that is approved as a nonprofit organization under Section 501(c) of the
46     Internal Revenue code; or
47          (c) any other entity or organization if prior approval is obtained from the court.
48          (2) When a defendant is sentenced to pay a fine for an infraction, class C or class B
49     misdemeanor, the court shall consider allowing the defendant to complete compensatory
50     service in lieu of the payment of the fine or account receivable, exclusive of any victim
51     restitution imposed.
52          (3) A defendant who intends to forfeit bail or who is ordered to pay a fine by the court
53     for an infraction, class C or class B misdemeanor, shall be informed by the court of the
54     opportunity to perform compensatory service in lieu of the fine or bail amount.
55          (4) The court shall credit timely completed compensatory service reported in
56     accordance with Subsection (5) against the fine or bail amount at the rate of $10 per hour and

57     shall allow the defendant a reasonable amount of time to complete the service.
58          (5) (a) The court shall provide the defendant with instructions that inform the
59     organization:
60          (i) about the requirements in Subsection (5)(b); and
61          (ii) that making a written false statement to the court about the defendant's
62     compensatory service is punishable as a class B misdemeanor pursuant to Section 76-8-504.
63          (b) The defendant shall report compensatory service hours to the court in a letter that:
64          (i) is on the organization's official letterhead and includes contact information for the
65     organization's representative;
66          (ii) specifies the number of hours for which the defendant provided service;
67          (iii) contains a brief description of what the service involved; and
68          (iv) is signed by an authorized representative of the organization; or
69          (v) is in a form otherwise acceptable to the court.
70          (6) The court may refuse to accept compensatory service:
71          (a) completed prior to the date of sentencing;
72          (b) that has been submitted to another court for credit; or
73          (c) completed at an agency or organization or is a type of service that is specifically
74     prohibited by the court.