Representative Elizabeth Weight proposes the following substitute bill:





Chief Sponsor: Elizabeth Weight

Senate Sponsor: Evan J. Vickers


9     General Description:
10          This bill requires the court to accept payment of a criminal judgment account receivable
11     on the day of sentencing.
12     Highlighted Provisions:
13          This bill:
14          ▸     requires the court to accept any amount tendered against a criminal judgment
15     account receivable on the day of sentencing before converting an unpaid account to
16     a civil judgment.
17     Money Appropriated in this Bill:
18          None
19     Other Special Clauses:
20          None
21     Utah Code Sections Affected:
22     AMENDS:
23          77-32a-102, as enacted by Laws of Utah 2017, Chapter 304

25     Be it enacted by the Legislature of the state of Utah:

26          Section 1. Section 77-32a-102 is amended to read:
27          77-32a-102. Creation of criminal judgment account receivable.
28          (1) At the time of sentencing or acceptance of a plea in abeyance, the court shall
29     establish the criminal accounts receivable, as determined in this chapter including all amounts
30     then owing, including, as applicable, fines, fees, surcharges, costs, restitution, and interest.
31          (2) After creating the account receivable, the court:
32          (a) shall, [in the case of felonies where] when a prison sentence is imposed and not
33     suspended, accept any payment on the criminal judgment account receivable tendered on the
34     date of sentencing, enter any remaining unpaid criminal judgment account receivable as a civil
35     judgment and transfer the responsibility for collecting the judgment to the Office of State Debt
36     Collection;
37          (b) may, in other cases, permit a defendant to pay the criminal judgment account
38     receivable by a date certain or in installments; or
39          (c) may, in other cases where the court finds that collection of the account by the court
40     would not be feasible, enter any unpaid criminal judgment account receivable as a civil
41     judgment and transfer the responsibility for collecting the judgement to the Office of State Debt
42     Collection.
43          (3) A court allowing installment payments does not limit the ability of a judgment
44     creditor to pursue collection by any means allowable by law.
45          (4) If the court makes restitution or another financial decision at a time after sentencing
46     that increases the total amount owed in a case, the criminal accounts receivable balance shall
47     be adjusted to include the new amounts determined by the court.
48          (5) The court may modify the amount and number of any installment payments, as
49     justice requires, at any time before the time for default as outlined in Subsection
50     77-32a-103(2).
51          (6) In the district court, delinquent accounts may incur post judgment interest.