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7 LONG TITLE
8 General Description:
9 This bill amends provisions related to restitution.
10 Highlighted Provisions:
11 This bill:
12 ▸ defines terms;
13 ▸ addresses restitution owed by a defendant to an individual for financial support that
14 a deceased or incapacitated victim had a legal obligation to provide to the individual
15 at the time of the defendant's criminal conduct; and
16 ▸ makes technical and conforming changes.
17 Money Appropriated in this Bill:
18 None
19 Other Special Clauses:
20 None
21 Utah Code Sections Affected:
22 AMENDS:
23 63M-7-503, as last amended by Laws of Utah 2021, Chapter 260
24 77-18-114, as last amended by Laws of Utah 2023, Chapter 113
25 77-18-118, as last amended by Laws of Utah 2022, Chapter 359
26 77-27-6.1, as enacted by Laws of Utah 2021, Chapter 260
27 77-32b-103, as last amended by Laws of Utah 2023, Chapter 330
28 77-38b-102, as last amended by Laws of Utah 2023, Chapters 113, 184
29 77-38b-202, as enacted by Laws of Utah 2021, Chapter 260
30 77-38b-205, as last amended by Laws of Utah 2023, Chapter 113
31 77-38b-303, as last amended by Laws of Utah 2023, Chapter 113
32 ENACTS:
33 77-38b-206, Utah Code Annotated 1953
34
35 Be it enacted by the Legislature of the state of Utah:
36 Section 1. Section 63M-7-503 is amended to read:
37 63M-7-503. Restitution -- Reparations not to supplant restitution -- Assignment
38 of claim for restitution judgment to Reparations Office.
39 (1) A reparations award may not supplant an order for restitution under Title 77,
40 Chapter 38b, Crime Victims Restitution Act, or under any other provision of law.
41 (2) The court may not reduce an order for restitution based on a reparations award.
42 (3) (a) (i) If a victim receives a reparations award and the office is assigned the victim's
43 claim for restitution, or a portion of the victim's claim for restitution, under Section
44 63M-7-519, the office may file with the sentencing court a notice of restitution listing the
45 amounts or estimated future amounts of payments made or anticipated to be made to or on
46 behalf of the victim.
47 (ii) The office may provide a notice of restitution to the victim or victim's
48 representative before or at sentencing.
49 (iii) The office's failure to provide notice under Subsection (3)(a)(i) or (ii) does not
50 invalidate the imposition of the judgment or an order for restitution if the defendant is given the
51 opportunity to object and be heard as provided in this part.
52 (b) (i) Any objection by the defendant to the imposition or amount of restitution under
53 Subsection (3)(a)(i) shall be:
54 (A) made at the time of sentencing; or
55 (B) made in writing within 20 days after the day on which the defendant receives the
56 notice described in Subsection (3)(a) and filed with the court and a copy mailed to the office.
57 (ii) Upon an objection, the court shall allow the defendant a hearing on the issue.
58 (iii) After a hearing under Subsection (3)(b)(ii), the court shall:
59 (A) enter an order for restitution in accordance with Section 77-38b-205; and
60 (B) identify the office as an assignee for the order for restitution.
61 (iv) Subject to the right of the defendant to object, the amount of restitution sought by
62 the office may be updated and the office identified as an assignee of an order for restitution in
63 accordance with the time periods established under [
64 77-38b-205.
65 (4) If no objection is made or filed by the defendant under Subsection (3), the court
66 shall upon conviction and sentencing:
67 (a) enter an order for restitution in accordance with Section 77-38b-205; and
68 (b) identify the office as an assignee for the order for restitution.
69 (5) (a) If the notice of restitution is filed after sentencing but during the term of
70 probation or parole, the court shall:
71 (i) modify any order for restitution to include expenses paid by the office on behalf of
72 the victim in accordance with [
73 (ii) identify the office as an assignee of the order for restitution.
74 (b) If an order for restitution has not been entered, the court shall:
75 (i) enter an order for restitution in accordance with Section 77-38b-205; and
76 (ii) identify the office as an assignee of the order for restitution.
77 Section 2. Section 77-18-114 is amended to read:
78 77-18-114. Unpaid balance at termination of sentence -- Past due account --
79 Notice -- Account or judgment paid in full -- Effect of civil accounts receivable and civil
80 judgment of restitution.
81 (1) When a defendant's sentence is terminated by law or by the decision of the court or
82 the board:
83 (a) the board shall provide an accounting of the unpaid balance of the defendant's
84 criminal accounts receivable to the court if the defendant was on parole or incarcerated at the
85 time of termination; and
86 (b) except as provided in Subsection 77-18-118(1)(g), within 90 days after the day on
87 which a defendant's sentence is terminated, the court shall:
88 (i) enter an order for a civil accounts receivable and a civil judgment of restitution for a
89 defendant on the civil judgment docket;
90 (ii) transfer the responsibility of collecting the civil accounts receivable and the civil
91 judgment of restitution to the Office of State Debt Collection; and
92 (iii) identify in the order under this Subsection (1):
93 (A) the Office of State Debt Collection as a judgment creditor for the civil accounts
94 receivable and the civil judgment of restitution; and
95 (B) the victim as a judgment creditor for the civil judgment of restitution.
96 (2) If a criminal accounts receivable for the defendant is more than 90 days past due
97 and the court has ordered that a defendant does not owe restitution to any victim, or the time
98 period [
99 under Section 77-38b-205 and the court has not ordered restitution, the court may:
100 (a) enter an order for a civil accounts receivable for the defendant on the civil judgment
101 docket;
102 (b) identify, in the order under Subsection (2)(a), the Office of State Debt Collection as
103 a judgment creditor for the civil accounts receivable; and
104 (c) transfer the responsibility of collecting the civil accounts receivable to the Office of
105 State Debt Collection.
106 (3) An order for a criminal accounts receivable is no longer in effect after the court
107 enters an order for a civil accounts receivable or a civil judgment of restitution under
108 Subsection (1) or (2).
109 (4) The court shall provide notice to the Office of State Debt Collection and the
110 prosecuting attorney of any hearing that affects an order for the civil accounts receivable or the
111 civil judgment of restitution.
112 (5) The Office of State Debt Collection shall notify the court when a civil judgment of
113 restitution or a civil accounts receivable is satisfied.
114 (6) When a fine, forfeiture, surcharge, cost, or fee is recorded in an order for a civil
115 accounts receivable on the civil judgment docket, or when restitution is recorded as an order
116 for a civil judgment of restitution on the civil judgment docket, the order:
117 (a) constitutes a lien on the defendant's real property until the judgment is satisfied; and
118 (b) may be collected by any means authorized by law for the collection of a civil
119 judgment.
120 (7) A criminal accounts receivable, a civil accounts receivable, and a civil judgment of
121 restitution are not subject to the civil statutes of limitation and expire only upon payment in
122 full.
123 (8) (a) If a defendant asserts that a payment was made to a victim or third party for a
124 civil judgment of restitution, or enters into any other transaction that does not involve the
125 Office of State Debt Collection, and the defendant asserts that the payment results in a credit
126 towards the civil judgment of restitution for the defendant:
127 (i) the defendant shall provide notice to the Office of State Debt Collection and the
128 prosecuting attorney within 30 days after the day on which the payment or other transaction is
129 made; and
130 (ii) the payment may only be credited towards the civil judgment of restitution and
131 does not affect any other amount owed to the Office of State Debt Collection under Section
132 63A-3-502.
133 (b) Nothing in this Subsection (8) shall be construed to prevent a victim or a third party
134 from providing notice of a payment towards a civil judgment of restitution to the Office of
135 State Debt Collection.
136 Section 3. Section 77-18-118 is amended to read:
137 77-18-118. Continuing jurisdiction of a sentencing court.
138 (1) A sentencing court shall retain jurisdiction over a defendant's criminal case:
139 (a) if the defendant is on probation as described in Subsection 77-18-105(3)(c);
140 (b) if the defendant is on probation and the probation period has terminated under
141 Subsection 77-18-105(7), to require the defendant to continue to make payments towards a
142 criminal accounts receivable until the defendant's sentence expires;
143 (c) within the time periods described in [
144 77-38b-205, to enter or modify an order for a criminal accounts receivable in accordance with
145 Section 77-32b-103;
146 (d) within the time periods described in [
147 77-38b-205, to enter or modify an order for restitution in accordance with Section 77-38b-205;
148 (e) until a defendant's sentence is terminated, to correct an error for a criminal accounts
149 receivable in accordance with Subsection 77-32b-105(1)(a);
150 (f) until a defendant's sentence is terminated, to modify a payment schedule for a
151 criminal accounts receivable in accordance with Subsection 77-32b-105(1)(b);
152 (g) if a defendant files a petition for remittance under Subsection 77-32b-106(1) within
153 90 days from the day on which the defendant's sentence is terminated, to determine whether to
154 remit, in whole or in part, the defendant's criminal accounts receivable; and
155 (h) to enter an order for a civil accounts receivable and a civil judgment of restitution
156 in accordance with Section 77-18-114.
157 (2) This section does not prevent a court from exercising jurisdiction over:
158 (a) a contempt proceeding for a defendant under Title 78B, Chapter 6, Part 3,
159 Contempt; or
160 (b) enforcement of a civil accounts receivable or a civil judgment of restitution.
161 Section 4. Section 77-27-6.1 is amended to read:
162 77-27-6.1. Payment of a criminal accounts receivable -- Failure to enter an order
163 for restitution or create a criminal accounts receivable -- Modification of a criminal
164 accounts receivable -- Order for recovery of costs or pecuniary damages.
165 (1) When an offender is committed to prison, the board may require the offender to pay
166 the offender's criminal accounts receivable ordered by the court during the period of
167 incarceration or parole supervision.
168 (2) If the board orders the release of an offender on parole and there is an unpaid
169 balance on the offender's criminal accounts receivable, the board may modify the payment
170 schedule entered by the court for the offender's criminal accounts receivable in accordance with
171 Section 77-32b-105.
172 (3) (a) If the sentencing court has not entered an order of restitution for an offender
173 who is under the jurisdiction of the board, the board shall refer the offender's case to the
174 sentencing court, within the time periods described in [
175 77-38b-205, to enter an order for restitution for the offender in accordance with Section
176 77-38b-205.
177 (b) If the sentencing court has not entered an order to establish a criminal accounts
178 receivable for an offender who is under the jurisdiction of the board, the board shall refer the
179 offender's case to the sentencing court, within the time periods described in [
180
181 receivable for the offender in accordance with Section 77-32b-103.
182 (4) (a) If there is a challenge to an offender's criminal accounts receivable, the board
183 shall refer the offender's case to the sentencing court, within the time periods described in
184 [
185 accounts receivable.
186 (b) If a sentencing court modifies a criminal accounts receivable after the offender is
187 committed to prison, the sentencing court shall provide notice to the board of the modification.
188 (5) The board may enter an order to recover any cost incurred by the department, or the
189 state or any other agency, arising out of the offender's needs or conduct.
190 Section 5. Section 77-32b-103 is amended to read:
191 77-32b-103. Establishment of a criminal accounts receivable -- Responsibility --
192 Payment schedule -- Delinquency or default.
193 (1) (a) Except as provided in Subsection (1)(b) and (c), at the time of sentencing or
194 acceptance of a plea in abeyance, the court shall enter an order to establish a criminal accounts
195 receivable for the defendant.
196 (b) The court is not required to create a criminal accounts receivable for the defendant
197 under Subsection (1)(a) if the court finds that the defendant does not owe restitution and there
198 are no other fines or fees to be assessed against the defendant.
199 (c) [
200 accounts receivable for a defendant under Subsection (1)(a), the court shall enter an order to
201 establish a criminal accounts receivable for the defendant at the time the court enters an order
202 for restitution under Section 77-38b-205.
203 (2) After establishing a criminal accounts receivable for a defendant, the court shall:
204 (a) if a prison sentence is imposed and not suspended for the defendant:
205 (i) accept any payment for the criminal accounts receivable that is tendered on the date
206 of sentencing; and
207 (ii) transfer the responsibility of receiving, distributing, and processing payments for
208 the criminal accounts receivable to the Office of State Debt Collection; and
209 (b) for all other cases:
210 (i) retain the responsibility for receiving, processing, and distributing payments for the
211 criminal accounts receivable until the court enters a civil accounts receivable or civil judgment
212 of restitution on the civil judgment docket under Subsection 77-18-114(1) or (2); and
213 (ii) record each payment by the defendant on the case docket.
214 (c) For a criminal accounts receivable that a court retains responsibility for receiving,
215 processing, and distributing payments under Subsection (2)(b)(i), the Judicial Council may
216 establish rules to require a defendant to pay the cost, or a portion of the cost, for an electronic
217 payment fee that is charged by a financial institution for the use of a credit or debit card to
218 make payments towards the criminal accounts receivable.
219 (3) (a) Upon entering an order for a criminal accounts receivable, the court shall
220 establish a payment schedule for the defendant to make payments towards the criminal
221 accounts receivable.
222 (b) In establishing the payment schedule for the defendant, the court shall consider:
223 (i) the needs of the victim if the criminal accounts receivable includes an order for
224 restitution under Section 77-38b-205;
225 (ii) the financial resources of the defendant, as disclosed in the financial declaration
226 under Section 77-38b-204 or in evidence obtained by subpoena under Subsection
227 77-38b-402(1)(b);
228 (iii) the burden that the payment schedule will impose on the defendant regarding the
229 other reasonable obligations of the defendant;
230 (iv) the ability of the defendant to pay restitution on an installment basis or on other
231 conditions fixed by the court;
232 (v) the rehabilitative effect on the defendant of the payment of restitution and method
233 of payment; and
234 (vi) any other circumstance that the court determines is relevant.
235 (4) A payment schedule for a criminal accounts receivable does not limit the ability of
236 a judgment creditor to pursue collection by any means allowable by law.
237 (5) If the court orders restitution under Section 77-38b-205, or makes another financial
238 decision, after sentencing that increases the total amount owed in a defendant's case, the
239 defendant's criminal accounts receivable balance shall be adjusted to include any new amount
240 ordered by the court.
241 (6) (a) If a defendant is incarcerated in a county jail or a secure correctional facility, as
242 defined in Section 64-13-1, or the defendant is involuntarily committed under Section
243 26B-5-332:
244 (i) all payments for a payment schedule shall be suspended for the period of time that
245 the defendant is incarcerated or involuntarily committed, unless the court, or the board if the
246 defendant is under the jurisdiction of the board, expressly orders the defendant to make
247 payments according to the payment schedule; and
248 (ii) the defendant shall provide the court with notice of the incarceration or involuntary
249 commitment.
250 (b) A suspension under Subsection (6)(a) shall remain in place for 60 days after the day
251 in which the defendant is released from incarceration or commitment.
252 Section 6. Section 77-38b-102 is amended to read:
253 77-38b-102. Definitions.
254 As used in this chapter:
255 (1) "Civil accounts receivable" means the same as that term is defined in Section
256 77-32b-102.
257 (2) "Civil judgment of restitution" means the same as that term is defined in Section
258 77-32b-102.
259 (3) (a) "Conviction" means:
260 (i) a plea of:
261 (A) guilty;
262 (B) guilty with a mental condition; or
263 (C) no contest; or
264 (ii) a judgment of:
265 (A) guilty; or
266 (B) guilty with a mental condition.
267 (b) "Conviction" does not include:
268 (i) a plea in abeyance until a conviction is entered for the plea in abeyance;
269 (ii) a diversion agreement; or
270 (iii) an adjudication of a minor for an offense under Section 80-6-701.
271 (4) "Criminal accounts receivable" means the same as that term is defined in Section
272 77-32b-102.
273 (5) "Criminal conduct" means:
274 (a) any misdemeanor or felony offense of which the defendant is convicted; or
275 (b) any other criminal behavior for which the defendant admits responsibility to the
276 court with or without an admission of committing the criminal behavior.
277 (6) "Deceased or incapacitated victim" means an individual whose death or
278 incapacitation is proximately caused by the criminal conduct of the defendant.
279 [
280 into a plea disposition for, criminal conduct.
281 (b) "Defendant" does not include a minor, as defined in Section 80-1-102, who is
282 adjudicated, or enters into a nonjudicial adjustment, for any offense under Title 80, Chapter 6,
283 Juvenile Justice.
284 [
285 (9) (a) "Dependent" means an individual for whom a deceased or incapacitated victim
286 had a legal obligation to provide dependent support at the time of the criminal conduct by the
287 defendant.
288 (b) "Dependent" includes:
289 (i) a child:
290 (A) who is younger than 18 years old; and
291 (B) for whom a deceased or incapacitated victim is the adoptive or biological parent or
292 legal guardian;
293 (ii) an unborn child who has a parent-child relationship with a deceased or
294 incapacitated victim in accordance with Title 78B, Chapter 15, Utah Uniform Parentage Act; or
295 (iii) an incapacitated individual for whom a deceased or incapacitated victim is the
296 adoptive or biological parent or the legal guardian.
297 (10) "Dependent support" means the financial obligation of an individual to provide for
298 the needs of a dependent, including food, clothing, health care, safety, or shelter.
299 [
300 attorney and the defendant that suspends criminal proceedings before conviction on the
301 condition that a defendant agree to participate in a rehabilitation program, pay restitution to the
302 victim, or fulfill some other condition.
303 (12) "Incapacitated" or "incapacitation" means the individual is:
304 (a) mentally or physically impaired to the extent that the individual is permanently
305 unable to gain employment and provide basic necessities, including food, clothing, health care,
306 safety, or shelter; and
307 (b) reliant on a parent, legal guardian, or other relative or person to provide basic
308 necessities for the individual.
309 (13) "Incapacitated individual" means an individual who is incapacitated.
310 (14) "Legal guardian" means an individual appointed by a court to make decisions
311 regarding a child or an incapacitated individual.
312 (15) "Life expectancy" means the number of months an individual is or was expected
313 to live considering medical records and experiential data for the individual.
314 [
315 63A-3-502.
316 [
317 77-32b-102.
318 [
319 and expenses regardless of whether the economic injury, losses, and expenses have yet been
320 incurred.
321 (b) "Pecuniary damages" does not include punitive damages or pain and suffering
322 damages.
323 [
324 attorney and the defendant setting forth the special terms and conditions and criminal charges
325 upon which the defendant will enter a plea of guilty or no contest.
326 [
327 prosecuting attorney and the defendant including a diversion agreement, a plea agreement, a
328 plea in abeyance agreement, or any agreement by which the defendant may enter a plea in any
329 other jurisdiction or where charges are dismissed without a plea.
330 [
331 prosecuting attorney and the defendant, accepting a plea of guilty or of no contest from the
332 defendant but not, at that time, entering judgment of conviction against the defendant nor
333 imposing sentence upon the defendant on condition that the defendant comply with specific
334 conditions as set forth in a plea in abeyance agreement.
335 [
336 prosecuting attorney and the defendant setting forth the specific terms and conditions upon
337 which, following acceptance of the agreement by the court, a plea may be held in abeyance.
338 [
339 (24) "Unborn child" means a human fetus or embryo in any stage of gestation from
340 fertilization until birth.
341 [
342 proximately caused by the criminal conduct of the defendant.
343 (b) "Victim" includes:
344 (i) the Utah Office for Victims of Crime if the Utah Office for Victims of Crime makes
345 a payment to, or on behalf of, a victim under Section 63M-7-519;
346 (ii) the estate of a deceased victim; [
347 (iii) a dependent; or
348 [
349 sibling of a victim.
350 (c) "Victim" does not include a codefendant or accomplice.
351 Section 7. Section 77-38b-202 is amended to read:
352 77-38b-202. Prosecuting attorney responsibility for collecting restitution
353 information -- Depositing restitution on behalf of victim.
354 (1) If a prosecuting attorney files a criminal charge against a defendant, the prosecuting
355 attorney shall:
356 (a) contact any known victim of the offense for which the criminal charge is filed, or
357 person asserting a claim for restitution on behalf of the victim; and
358 (b) gather the following information from the victim or person:
359 (i) the name of the victim or person; and
360 (ii) the actual or estimated amount of restitution.
361 (2) (a) When a conviction, a diversion agreement, or a plea in abeyance is entered by
362 the court, the prosecuting attorney shall provide the court with the information gathered by the
363 prosecuting attorney under Subsection (1)(b).
364 (b) If, at the time of the plea disposition or conviction, the prosecuting attorney does
365 not have all the information under Subsection (1)(b), the prosecuting attorney shall provide the
366 defendant with:
367 (i) at the time of plea disposition or conviction, all information under Subsection (1)(b)
368 that is reasonably available to the prosecuting attorney; and
369 (ii) any information under Subsection (1)(b) as the information becomes available to
370 the prosecuting attorney.
371 (c) Nothing in this section shall be construed to prevent a prosecuting attorney, a
372 victim, or a person asserting a claim for restitution on behalf of a victim from:
373 (i) submitting information on, or a request for, restitution to the court within the time
374 periods described in [
375 (ii) submitting information on, or a request for, restitution for additional or substituted
376 victims within the time periods described in [
377 (3) (a) The prosecuting attorney may be authorized by the appropriate public treasurer
378 to deposit restitution collected on behalf of a victim into an interest-bearing account in
379 accordance with Title 51, Chapter 7, State Money Management Act, pending the distribution of
380 the funds to the victim.
381 (b) If restitution is deposited into an interest-bearing account under Subsection (3)(a),
382 the prosecuting attorney shall:
383 (i) distribute any interest that accrues in the account to each victim on a pro rata basis;
384 and
385 (ii) if all victims have been made whole and funds remain in the account, distribute any
386 remaining funds to the Division of Finance, created in Section 63A-3-101, to deposit to the
387 Utah Office for Victims of Crime.
388 (c) Nothing in this section prevents an independent judicial authority from collecting,
389 holding, and distributing restitution.
390 Section 8. Section 77-38b-205 is amended to read:
391 77-38b-205. Order for restitution.
392 (1) (a) If a defendant is convicted, as defined in Section 76-3-201, the court shall order
393 a defendant, as part of the sentence imposed under Section 76-3-201, to pay restitution to all
394 victims:
395 (i) in accordance with the terms of any plea agreement in the case; or
396 (ii) for the entire amount of pecuniary damages that are proximately caused to each
397 victim by the criminal conduct of the defendant.
398 (b) If a court enters a plea in abeyance or a diversion agreement for a defendant that
399 includes an agreement to pay restitution, the court shall order the defendant to pay restitution to
400 all victims:
401 (i) in accordance with the terms of the plea in abeyance or the diversion agreement; or
402 (ii) if the terms of the plea in abeyance include an agreement between the parties that
403 restitution will be determined by the court as described in Section 77-2a-3, for the entire
404 amount of pecuniary damages that are proximately caused to each victim by the criminal
405 conduct of the defendant.
406 [
407 (1)(a)(ii) or (b)(ii), the court shall consider all relevant facts to establish an amount that fully
408 compensates a victim for all pecuniary damages proximately caused by the criminal conduct of
409 the defendant.
410 (b) If the court determines that the defendant owes pecuniary damages to a dependent
411 for dependent support under Subsection (2)(a), the court shall establish the amount of
412 dependent support owed to the dependent in accordance with Section 77-38b-206.
413 [
414 Subsection (1)(a)(ii) or (b)(ii) as a finding on the record.
415 [
416 court shall:
417 (a) enter an order to establish a criminal accounts receivable as described in Section
418 77-32b-103; and
419 (b) establish a payment schedule for the criminal accounts receivable as described in
420 Section 77-32b-103.
421 [
422 defendant to have a hearing on the issue, unless the issue is addressed at the sentencing hearing
423 for the defendant.
424 [
425 schedule a hearing to enter an order for restitution, unless:
426 (a) the court finds as a matter of law that there is no victim in the case; or
427 (b) the prosecuting attorney certifies to the court, on the record, that:
428 (i) the prosecuting attorney has consulted with all victims, including the Utah Office
429 for Victims of Crime; and
430 (ii) all victims, including the Utah Office for Victims of Crime, are not seeking
431 restitution.
432 [
433 than the earlier of:
434 (i) the termination of the defendant's sentence, including early termination of the
435 defendant's sentence; or
436 (ii) (A) if the defendant is convicted and imprisoned for a first degree felony, within
437 seven years after the day on which the court sentences the defendant for the first degree felony
438 conviction; or
439 (B) except as provided in Subsection [
440 is convicted of a felony, within three years after the day on which the court sentences the
441 defendant for the felony conviction.
442 (b) A request for restitution that is made within the time period described in Subsection
443 [
444 Subsection [
445 incarceration.
446 [
447 in Subsection [
448 within the time periods described in Subsection [
449 (b) If the defendant receives notice and does not object to a motion for restitution, the
450 court may order restitution without a hearing.
451 (c) If the defendant receives notice and objects to a motion for restitution, the court
452 may schedule a hearing to determine whether restitution should be ordered if the prosecuting
453 attorney or victim shows good cause.
454 [
455 periods described in Subsection [
456 including the amount of pecuniary damages owed by the defendant in the order for restitution,
457 if the prosecuting attorney or the victim shows good cause for modifying the order.
458 Section 9. Section 77-38b-206 is enacted to read:
459 77-38b-206. Calculating the amount of restitution owed for dependent support.
460 For pecuniary damages owed to a dependent for dependent support under Section
461 77-38b-205, the court shall:
462 (1) establish a monthly amount of dependent support that is reasonably necessary for
463 the financial support of the dependent; and
464 (2) calculate the entire amount of pecuniary damages owed for dependent support by
465 multiplying the monthly amount established under Subsection (1) by:
466 (a) if the dependent is a child who is younger than 18 years old and is not an
467 incapacitated individual, the number of months until the dependent is 18 years old and is
468 graduated from high school; or
469 (b) if the dependent is an incapacitated individual, the life expectancy of:
470 (i) the deceased or incapacitated victim before the victim's death or incapacitation; or
471 (ii) the dependent if the court determines that the dependent's life expectancy is shorter
472 than the deceased or incapacitated victim's life expectancy under Subsection (2)(b)(i).
473 Section 10. Section 77-38b-303 is amended to read:
474 77-38b-303. Effect of civil action or settlement for criminal conduct -- Issue
475 preclusion -- Crediting payments.
476 (1) As used in this section:
477 (a) "Civil settlement" or "settlement" means an agreement entered into between a
478 victim and a defendant that settles all the claims that a victim may bring in a civil action
479 against the defendant for the defendant's criminal conduct.
480 (b) "Civil settlement" or "settlement" does not include an agreement that settles a civil
481 judgment of restitution or a civil accounts receivable for a defendant.
482 (2) Nothing in this chapter shall be construed to limit or impair the right of a victim to
483 sue and recover damages from the defendant in a civil action.
484 (3) (a) A court's finding on the amount of restitution owed by a defendant under
485 Subsection [
486 defendant's liability to a victim as presumptive proof of the victim's pecuniary damages that are
487 proximately caused by the defendant's criminal conduct.
488 (b) If a conviction in a criminal trial decides the issue of a defendant's liability for
489 pecuniary damages suffered by a victim, the issue of the defendant's liability for pecuniary
490 damages is conclusively determined as to the defendant if the issue is involved in a subsequent
491 civil action.
492 (c) (i) Except as provided in Subsection (3)(c)(ii), if a defendant is convicted of a
493 misdemeanor or felony offense, the defendant is precluded from subsequently denying the
494 essential allegations of the offense in a subsequent civil action brought against the defendant
495 for the criminal conduct underlying the offense.
496 (ii) Subsection (3)(c)(i) does not apply if the offense is a class C misdemeanor under
497 Title 41, Chapter 6a, Traffic Code, or the defendant entered a plea of no contest for the offense.
498 (4) If a civil action brought by a victim against a defendant results in a civil judgment
499 for the defendant's criminal conduct or there is a civil settlement entered into between a victim
500 and defendant for the defendant's criminal conduct, the civil judgment or settlement does not
501 limit or preclude:
502 (a) the sentencing court from entering an order of restitution against the defendant in
503 accordance with this chapter; or
504 (b) the civil enforcement of a civil judgment of restitution by the office or the victim.
505 (5) (a) The sentencing court shall credit any payment made to a victim in a civil action
506 for the defendant's criminal conduct toward the amount of restitution owed by the defendant to
507 the victim.
508 (b) In a civil action, a court shall credit any restitution paid by the defendant to a victim
509 for the defendant's criminal conduct towards the victim against any judgment that is in favor of
510 the victim for the civil action.
511 (c) If a victim receives payment from the defendant for the civil action, the victim shall
512 provide notice to the sentencing court and the court in the civil action of the payment within 30
513 days after the day on which the victim receives the payment.
514 (6) (a) If a victim prevails in a civil action against a defendant, the court shall award
515 reasonable attorney fees and costs to the victim.
516 (b) If the defendant prevails in the civil action, the court shall award reasonable costs to
517 the defendant if the court finds that the victim brought the civil action for an improper purpose,
518 including to harass the defendant or to cause unnecessary delay or needless increase in the cost
519 of litigation.
520 (7) (a) The sentencing court shall credit any payment made to a victim as part of a civil
521 settlement toward the amount of restitution owed by the defendant to the victim if the
522 sentencing court determines that the payment compensates the victim for pecuniary damages
523 proximately caused by the defendant's criminal conduct.
524 (b) If a victim receives a payment from the defendant as part of a civil settlement, the
525 victim shall provide notice to the sentencing court within 30 days after the day on which the
526 victim receives the payment.
527 (8) Nothing in this section shall prevent a defendant from providing proof of payment
528 to the court or the office.
529 Section 11. Effective date.
530 This bill takes effect on May 1, 2024.