This document includes Senate Committee Amendments incorporated into the bill on Thu, Jan 31, 2019 at 10:10 AM by estauffer.
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7 LONG TITLE
8 General Description:
9 This bill modifies restitution criteria to include expenses for security measures put in
10 place by a victim in response to a criminal offense.
11 Highlighted Provisions:
12 This bill:
13 ▸ provides that restitution may include expenses for security measures put in place by
14 a victim in response to a criminal offense.
15 Money Appropriated in this Bill:
16 None
17 Other Special Clauses:
18 None
19 Utah Code Sections Affected:
20 AMENDS:
21 77-38a-302, as last amended by Laws of Utah 2017, Chapter 304
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23 Be it enacted by the Legislature of the state of Utah:
24 Section 1. Section 77-38a-302 is amended to read:
25 77-38a-302. Restitution criteria.
26 (1) When a defendant enters into a plea disposition or is convicted of criminal activity
27 that has resulted in pecuniary damages, in addition to any other sentence or term of a plea in
28 abeyance it may impose, the court shall order that the defendant make restitution to victims of
29 crime as provided in this chapter, or for conduct for which the defendant has agreed to make
30 restitution as part of a plea disposition. For purposes of restitution, "victim" means the same as
31 that term is defined in Subsection 77-38a-102(14). In determining whether restitution is
32 appropriate, the court shall follow the criteria and procedures as provided in Subsections (2)
33 through (5).
34 (2) In determining restitution, the court shall determine complete restitution and
35 court-ordered restitution.
36 (a) "Complete restitution" means restitution necessary to compensate a victim for all
37 losses caused by the defendant.
38 (b) "Court-ordered restitution" means the restitution the court having criminal
39 jurisdiction orders the defendant to pay as a part of the criminal sentence.
40 (c) Complete restitution and court-ordered restitution shall be determined as provided
41 in Subsection (5).
42 (3) If the court determines that restitution is appropriate or inappropriate under this
43 part, the court shall make the reasons for the decision part of the court record.
44 (4) If the defendant objects to the imposition, amount, or distribution of the restitution,
45 the court shall allow the defendant a full hearing on the issue.
46 (5) (a) For the purpose of determining restitution for an offense, the offense shall
47 include any criminal conduct admitted by the defendant to the sentencing court or [
48 which the defendant agrees to pay restitution. A victim of an offense that involves as an
49 element a scheme, a conspiracy, or a pattern of criminal activity, includes any person directly
50 harmed by the defendant's criminal conduct in the course of the scheme, conspiracy, or pattern.
51 (b) In determining the monetary sum and other conditions for complete restitution, the
52 court shall consider all relevant facts, including:
53 (i) the cost of the damage or loss if the offense resulted in damage to or loss or
54 destruction of property of a victim of the offense;
55 (ii) the cost of necessary medical and related professional services and devices relating
56 to physical or mental health care, including nonmedical care and treatment rendered in
57 accordance with a method of healing recognized by the law of the place of treatment;
58 (iii) the cost of necessary physical and occupational therapy and rehabilitation;
59 (iv) the income lost by the victim as a result of the offense;
60 (v) the individual victim's reasonable determinable wages that are lost due to theft of or
61 damage to tools or equipment items of a trade that were owned by the victim and were essential
62 to the victim's current employment at the time of the offense; [
63 (vi) the cost of necessary funeral and related services if the offense resulted in the death
64 of a victim[
65 (vii) expenses incurred by a victim in implementing Ŝ→ reasonable ←Ŝ security measures
65a in response to
66 the offense.
67 (c) In determining the monetary sum and other conditions for court-ordered restitution,
68 the court shall consider:
69 (i) the factors listed in Subsections (5)(a) and (b);
70 (ii) the financial resources of the defendant, as disclosed in the financial declaration
71 described in Section 77-38a-204;
72 (iii) the burden that payment of restitution will impose, with regard to the other
73 obligations of the defendant;
74 (iv) the ability of the defendant to pay restitution on an installment basis or on other
75 conditions to be fixed by the court;
76 (v) the rehabilitative effect on the defendant of the payment of restitution and the
77 method of payment; and
78 (vi) other circumstances that the court determines may make restitution inappropriate.
79 (d) (i) The prosecuting agency shall submit all requests for complete restitution and
80 court-ordered restitution to the court at the time of sentencing if feasible, otherwise within one
81 year after sentencing.
82 (ii) If a defendant is placed on probation pursuant to Section 77-18-1:
83 (A) the court shall determine complete restitution and court-ordered restitution; and
84 (B) the time period for determination of complete restitution and court-ordered
85 restitution may be extended by the court upon a finding of good cause, but may not exceed the
86 period of the probation term served by the defendant.
87 (iii) If the defendant is committed to prison:
88 (A) any pecuniary damages that have not been determined by the court within one year
89 after sentencing may be determined by the Board of Pardons and Parole; and
90 (B) the Board of Pardons and Parole may, within one year after sentencing, refer an
91 order of judgment and commitment back to the court for determination of restitution.