1     
RESTITUTION REVISIONS

2     
2024 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Steve Eliason

5     
Senate Sponsor: Todd D. Weiler

6     

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 [Subsection 77-38b-205(5)] Section
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 [Subsection 77-38b-205(5)] Section 77-38b-205; and
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 [in Subsection 77-38b-205(5) has passed] for entering an order for restitution has passed
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 [Subsection 77-38b-205(5)] Section
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 [Subsection 77-38b-205(5)] Section
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 [Subsection 77-38b-205(5),] Section
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 [Subsection
180     77-38b-205(5),] Section 77-38b-205, to enter an order to establish a criminal accounts
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     [Subsection 77-38b-205(5),] Section 77-38b-205, to resolve the challenge to the criminal
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) [Subject to Subsection 77-38b-205(5), if] If the court does not create a criminal
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          [(6)] (7) (a) "Defendant" means an individual who has been convicted of, or entered
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          [(7)] (8) "Department" means the Department of Corrections.
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          [(8)] (11) "Diversion agreement" means an agreement entered into by the prosecuting
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          [(9)] (16) "Office" means the Office of State Debt Collection created in Section
315     63A-3-502.
316          [(10)] (17) "Payment schedule" means the same as that term is defined in Section
317     77-32b-102.
318          [(11)] (18) (a) "Pecuniary damages" means all demonstrable economic injury, losses,
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          [(12)] (19) "Plea agreement" means an agreement entered between the prosecuting
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          [(13)] (20) "Plea disposition" means an agreement entered into between the
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          [(14)] (21) "Plea in abeyance" means an order by a court, upon motion of the
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          [(15)] (22) "Plea in abeyance agreement" means an agreement entered into between the
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          [(16)] (23) "Restitution" means the payment of pecuniary damages to a victim.
339          (24) "Unborn child" means a human fetus or embryo in any stage of gestation from
340     fertilization until birth.
341          [(17)] (25) (a) "Victim" means any person who has suffered pecuniary damages that are
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; [and]
347          (iii) a dependent; or
348          [(iii)] (iv) a parent, spouse, intimate partner as defined in 18 U.S.C. Sec. 921, child, or
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 [Subsection 77-38b-205(5)] Section 77-38b-205; or
375          (ii) submitting information on, or a request for, restitution for additional or substituted
376     victims within the time periods described in [Subsection 77-38b-205(5)] Section 77-38b-205.
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          [(c)] (2) (a) In determining the amount of pecuniary damages under Subsection
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          [(d)] (3) The court shall enter the determination of the amount of restitution under
414     Subsection (1)(a)(ii) or (b)(ii) as a finding on the record.
415          [(2)] (4) Upon an order for a defendant to pay restitution under Subsection (1), the
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          [(3)] (5) If the defendant objects to a request for restitution, the court shall allow the
422     defendant to have a hearing on the issue, unless the issue is addressed at the sentencing hearing
423     for the defendant.
424          [(4)] (6) If a court does not enter an order for restitution at sentencing, the court shall
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          [(5)] (7) (a) A court shall enter an order for restitution in a defendant's case no later
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 [(5)(a)(ii)(A)] (7)(a)(ii)(A), and if the defendant
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     [(5)(a)] (7)(a) tolls the time for which the court must enter an order for restitution under
444     Subsection [(5)(a)] (7)(a) but does not extend the term of the defendant's probation or period of
445     incarceration.
446          [(6)] (8) (a) If a court does not order restitution at sentencing or at a hearing described
447     in Subsection [(4)] (6), the prosecuting attorney or the victim may file a motion for restitution
448     within the time periods described in Subsection [(5)] (7).
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          [(7)] (9) Upon a motion from the prosecuting attorney or the victim within the time
455     periods described in Subsection [(5)] (7), the court may modify an existing order of restitution,
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 [77-38b-205(1)(d)] 77-38b-205(3) may be used in a civil action pertaining to the
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.