SB 283 — Court Fees and Administration Amendments

283 Conviction Surcharge Allocation, and which may not exceed in amount the maximum fine and surcharge which could have been imposed upon conviction and sentencing for the same offense;

(6)(6)(a) (a) The terms of a plea in abeyance shall include:

- 7 - SB0283 compared with SB0283S01 (b) At a subsequent hearing described in Subsection (6)(a)(iii), the court shall order the defendant, as a modified term of the plea in abeyance, to pay restitution to all victims for the entire amount of pecuniary damages that are proximately caused by the criminal conduct of the defendant.

(7)(7)(a) (a) A court may not hold a plea in abeyance without the consent of both the prosecuting attorney and the defendant.

(9)- (a)7 If- theS.B. terms of a plea in abeyance agreement allow a court to issue an order of expungement as described in Subsection (2)(c), the prosecuting attorney shall make a reasonable effort to provide notice to any victim of the offense of the terms of the plea in abeyance agreement.

283 Enrolled Copy (9)(a) If the terms of a plea in abeyance agreement allow a court to issue an order of expungement as described in Subsection (2)(c), the prosecuting attorney shall make a reasonable effort to provide notice to any victim of the offense of the terms of the plea in abeyance agreement.

-(11)(a) 8 - SB0283 compared with SB0283S01 (11) (a) Upon receiving notice from the court of an expungement order as described in Subsection (10), the Bureau of Criminal Identification shall notify any agency, as defined in Section 77-40a-101, affected by the expungement order.

77-7-19.77-7-19 .

(1) An individual receiving a citation issued [pursuant to] under Section 77-7-18 shall appear in the court designated in the citation on or before the time and date specified in the- citation8 unless:- Enrolled Copy S.B.

283 the citation unless:

(4)(4)(a) - 9 - SB0283 compared with SB0283S01 (a) Clerks and other administrative personnel serving the courts shall identify for the judge any citations over which the court may lack jurisdiction.

77-7-21.77-7-21 .

(1)(1)(a) (a) A citation filed with the court may, with the consent of the defendant, serve in lieu of an information to which the defendant may plead guilty or no contest to the charge or charges listed and be sentenced accordingly.

(ii) a violation of Section 41-6a-502, driving under the influence of alcohol, drugs, or a- combination9 of- bothS.B. or with specified or unsafe blood alcohol concentration;

283 Enrolled Copy a combination of both or with specified or unsafe blood alcohol concentration;

- 10 - SB0283 compared with SB0283S01 (c) [The remittal of fines] A defendant's voluntary payment of the recommended fine amount and other penalties shall be entered as a conviction and treated the same as if the accused pleaded no contest.

77-20-402.77-20-402 .

(c)- if10 the- defendantEnrolled hasCopy failedS.B. to respond to a citation or summons and the offense with which the defendant is charged is listed in the shared master offense table as one for which an appearance is not mandatory;

283 (c) if the defendant has failed to respond to a citation or summons and the offense with which the defendant is charged is listed in the shared master offense table as one for which an appearance is not mandatory;

- 11 - SB0283 compared with SB0283S01 (3) Monetary bail may not be accepted without receiving in writing at the time the bail is posted the current mailing address, telephone number, and email address of the surety.

(5)(5)(a) (a) Monetary bail refunded by the court may be refunded by credit to the debit or credit card or in cash.

78A-2-301.78A-2-301 .

(1)(1)(a) (a) The fee for filing any civil complaint or petition invoking the jurisdiction of a court of record not governed by another subsection is $375.

(vi)- $12511 if- theS.B. petition is for removal from the Sex, Kidnap, and Child Abuse Offender Registry under Section 53-29-204, 53-29-205, or 53-29-206;

283 Enrolled Copy (vi) $125 if the petition is for removal from the Sex, Kidnap, and Child Abuse Offender Registry under Section 53-29-204, 53-29-205, or 53-29-206;

- 12 - SB0283 compared with SB0283S01 (i) $60 if the claim for damages or amount in interpleader exclusive of court costs, interest, and attorney fees is $2,000 or less;

(i) $240 for trial de novo of an adjudication of the justice court or of the small claims department;- 12 - Enrolled Copy S.B.

283 department;

(j)(j)(i) - 13 - SB0283 compared with SB0283S01 (i) Fifteen dollars of the fees established by Subsections (1)(a) through (i) shall be allocated to and between the Judges' Contributory Retirement Trust Fund and the Judges' Noncontributory Retirement Trust Fund, as provided in Title 49, Chapter 17, Judges' Contributory Retirement Act, and Title 49, Chapter 18, Judges' Noncontributory Retirement Act.

(n)(n)(i) (i) The fee for filing an abstract or transcript of judgment, order, or decree of the State Tax Commission is $30.

(ii) The fee for filing an abstract or transcript of judgment of a court of law of this state or a judgment, order, or decree of an administrative agency, commission, board,- council,13 or- hearingS.B. officer of this state or of [its] {this } the state's political subdivisions other than the State Tax Commission, is $50.

283 Enrolled Copy board, council, or hearing officer of this state or of [its] the state's political subdivisions other than the State Tax Commission, is $50.

- 14 - SB0283 compared with SB0283S01 (q) The fee for filing a petition or counter-petition to modify a domestic relations order other than a protective order or stalking injunction is $100.

(x)(x)(i) (i) The fee for a petition for authorization for a minor to marry required by Section 81-2-304 is $5.

{[(bb)(bb) The Judicial Council shall, by rule, establish a schedule of fees for copies of documents and forms and for the search and retrieval of records under Title 63G, Chapter 2, Government Records Access and Management Act.

Fees under Subsection (1)(bb) and (cc) shall be credited to the court as a reimbursement of expenditures.]} {[(cc) The Judicial Council may, by rule, establish a reasonable fee to allow members of the public to conduct a limited amount of searches on the Xchange database without having to pay a monthly subscription fee.]} - 1514 - SB0283Enrolled comparedCopy withS.B. SB0283S01 [(dd)] (2) There is no fee for services or the filing of documents not listed in this section or otherwise provided by law.

{(3)}283 {(a)Subsection The(1)(bb) Judicial Council shall, by rule, establish a schedule of fees for copies of documents and forms(cc) and for the search and retrieval of records under Title 63G, Chapter 2, Government Records Access and Management Act.} {(b) The Judicial Council may, by rule, establish a reasonable fee to allow members of the public to conduct a limited amount of searches on the Xchange database without having to pay a monthly subscription fee.} {(c) A fee under this Subsection (3) shall be credited to the court as a reimbursement of expenditures.}expenditures. [(ee)] (4){(3)} Except as provided in this section, all fees collected under this section are paid [to] into the General Fund[.

(cc) The Judicial Council may, by rule, establish a reasonable fee to allow members of the public to conduct a limited amount of searches on the Xchange database without having to pay a monthly subscription fee.

[(dd)] (2) There is no fee for services or the filing of documents not listed in this section or otherwise provided by law.

[(ee)] (3) Except as provided in this section, all fees collected under this section are paid [to] into the General Fund[.

[(ff)] (5){(4)}(4) The[ filing] fees under this section may not be charged to the state, the state's agencies, or political subdivisions filing or defending any action.[ ] (6){(5)}(5)(a) (a) [In ] Except as provided in Subsection {(6)(b)} (5)(b), in judgments awarded in favor of the state, [its] the state's agencies, or political subdivisions, [except the Office of Recovery Services, ]the court shall order the filing fees and collection costs to be paid by the judgment debtor.[ ] (b) Subsection {(6)(a) } (5)(a) does not apply to a judgment awarded in favor of the Office of Recovery Services.

(c) The sums collected under [this {]} Subsection {[} (1)(ff)] {(6)(a)} Subsection (5)(a) shall be applied to the fees after credit to the judgment, order, fine, tax, lien, or other penalty and costs permitted by law.

[(2)] (7){(6)}(6)[(a)(i) [(a) (i) From March 17, 1994, until June 30, 1998, the state court administrator shall transfer all revenues representing the difference between the fees in effect after May 2, 1994, and the fees in effect before February 1, 1994, as dedicated credits to the Division of Facilities Construction and Management Capital Projects Fund.] [(ii)[(ii)(A) - 16 - SB0283 compared with SB0283S01 (A) Except as provided in Subsection (2)(a)(ii)(B), the Division of Facilities Construction and Management shall use up to $3,750,000 of the revenue deposited into the Capital Projects Fund under this Subsection (2)(a) to design and take other actions necessary to initiate the development of a courts complex in Salt Lake City.] [(B) If the Legislature approves funding for construction of a courts complex in Salt Lake City in the 1995 Annual General Session, the Division of Facilities Construction and Management shall use the revenue deposited into the Capital Projects- Fund15 under- thisS.B. Subsection (2)(a)(ii) to construct a courts complex in Salt Lake City.] [(C) After the courts complex is completed and all bills connected with its construction have been paid, the Division of Facilities Construction and Management shall use any money remaining in the Capital Projects Fund under this Subsection (2)(a)(ii) to fund the Vernal District Court building.] [(iii) The Division of Facilities Construction and Management may enter into agreements and make expenditures related to this project before the receipt of revenues provided for under this Subsection (2)(a)(iii).] [(iv) The Division of Facilities Construction and Management shall:] [(A) make those expenditures from unexpended and unencumbered building funds already appropriated to the Capital Projects Fund;

and]283 [(B)Enrolled reimburseCopy the Capital Projects Fund uponunder receiptthis ofSubsection the(2)(a)(ii) revenuesto providedconstruct fora undercourts thiscomplex Subsectionin (2).]Salt [(b)]Lake (a)City.] [After[(C) JuneAfter 30,the 1998,courts the]complex Theis statecompleted courtand administratorall shallbills ensureconnected thatwith allits revenuesconstruction representinghave thebeen differencepaid, between the feesDivision inof effectFacilities afterConstruction Mayand 2,Management 1994,shall anduse theany feesmoney remaining in effectthe beforeCapital FebruaryProjects 1,Fund 1994,under arethis transferredSubsection (2)(a)(ii) to fund the Vernal District Court building.] [(iii) The Division of FinanceFacilities forConstruction depositand [in]Management may enter into agreements and make expenditures related to this project before the restrictedreceipt accountof createdrevenues inprovided for under this Subsection {(8)}(2)(a)(iii).] (7).[(iv) The Division of Facilities Construction and Management shall:] [(A) make those expenditures from unexpended and unencumbered building funds already appropriated to the Capital Projects Fund;

[(c)and] The[(B) Divisionreimburse ofthe FinanceCapital shallProjects depositFund allupon revenuesreceipt receivedof from the staterevenues courtprovided administratorfor intounder the restricted account created by this section.]Subsection [(d)(2).] (i)[(b)] From(a) May[After 1, 1995, until June 30, 1998, thethe] The state court administrator shall transferensure $7that ofall revenues representing the amountdifference ofbetween athe finefees orin baileffect forfeitureafter paidMay for2, a1994, violationand ofthe Titlefees 41,in Motoreffect Vehicles,before inFebruary a1, court1994, ofare recordtransferred to the Division of FacilitiesFinance Constructionfor anddeposit Management[in] Capitalinto Projectsthe Fund.restricted account created in Subsection (7).

[(c) The divisionDivision of moneyFinance pursuant to Section 78A-5-110 shall bedeposit calculatedall onrevenues thereceived balancefrom of the finestate orcourt bailadministrator forfeitureinto paid.]the [(ii)]restricted (b)account -created 17by -this SB0283section.] compared[(d)(i) withFrom SB0283S01May (i)1, [After1995, until June 30, 1998, the]the The state court administrator or a municipality shall transfer $7 of the amount of a fine,fine or [bailbail forfeiture]forfeiture a voluntary payment under Section 77-7-21, paid for a violation of Title 41, Motor Vehicles, in a court of record to the Division of FinanceFacilities forConstruction depositand [in]Management intoCapital theProjects restrictedFund. account created by this section.[ The division of money pursuant to Section 78A-5-110 shall be calculated on the balance of the fine or bail forfeiture paid.] (ii) The remaining amount of the fine, or {the } voluntary payment under Section 77-7-21, after the $7 transfer described in Subsection {(7)(b)(i) } (6)(b)(i) shall be allocated in accordance with Section 78A-5-110.

(iii) The Divisiondivision of Financemoney pursuant to Section 78A-5-110 shall depositbe allcalculated revenueson receivedthe balance of the fine or bail forfeiture paid.] [(ii)] (b)(i) [After June 30, 1998, the] The state court administrator or a municipality shall transfer $7 of the amount of a fine, or [bail forfeiture] a voluntary payment under thisSection Subsection77-7-21, {(7)paid }for (6)a violation of Title 41, Motor Vehicles, in a court of record to the Division of Finance for deposit [in] into the restricted account created by this section.[ The division of money pursuant to Section 78A-5-110 shall be calculated on the balance of the fine or bail forfeiture paid.] (ii) The remaining amount of the fine, or voluntary payment under Section 77-7-21, after the $7 transfer described in Subsection {(8)}(6)(b)(i) (7).shall be allocated in - 16 - Enrolled Copy S.B.

[(3)]283 (8){(7)}accordance (a)with ThereSection is78A-5-110. created within the General Fund a restricted account known as the State Courts Complex Account.

(iii) The Division of Finance shall deposit all revenues received under this Subsection (6) into the restricted account created in Subsection (7).

[(3)] (7)(a) There is created within the General Fund a restricted account known as the State Courts Complex Account.

(i) to repay costs associated with the construction of the court complex that were funded from sources other than revenues provided for under this Subsection [(3)(b)(i)][ {(8)(b)(i)}(3)(b)(i)] (7)(b)(i);

78A-2-301.5.78A-2-301.5 .

- 18 - SB0283 compared with SB0283S01 (b) $70 if the claim for relief exclusive of justice court costs, interest, and attorney fees is greater than $2,000, but less than $7,500;

(6)(6)(a) (a) The fee for filing a notice of appeal to a court of record is $10.[ ] (b) [This ] The fee described in Subsection (6)(a) covers all services of the justice court on appeal but does not satisfy the trial de novo filing fee in the court of record.

(7)- The17 fee- forS.B. a certified copy of a document is $4 per document plus 50 cents per page.

283 Enrolled Copy (7) The fee for a certified copy of a document is $4 per document plus 50 cents per page.

(11)(11)(a) (a) The [filing ]fees under this section may not be charged to the state, [its] the state's agencies, or political subdivisions filing or defending any action.[ ] (b) [In] Except as provided in Subsection (11)(c), in judgments awarded in favor of the state, [its] the state's agencies, or political subdivisions, [except the Office of Recovery Services, ]the court shall order the filing fees and collection costs to be paid by the judgment debtor.[ ] (c) Subsection (11)(b) does not apply to a judgment awarded in favor of the Office of Recovery Services.

-78A-2-501 19. - SB0283 compared with SB0283S01 78A-2-501.

(a)- minimize18 the- costsEnrolled ofCopy civilS.B. litigation;

283 (a) minimize the costs of civil litigation;

(4)(4)(a) (a) An additional [$20] $60 shall be added to the filing fee established by Sections 78A-2-301 and 78A-2-301.5 if a person files a complaint, petition, [answer, or response] counterclaim, or counterpetition prepared through the program.[ ] (b) There [shall be] is no fee for[ ] :

[(b)] (5)(5)(a) (a) There is created within the General Fund a restricted account known as the Online Court Assistance Account.[ ] (b) The fees collected under [this ]Subsection (4) shall be deposited in the restricted account described in Subsection (5)(a) and appropriated by the Legislature to the Administrative Office of the Courts - 20 - SB0283 compared with SB0283S01 to develop, operate, and maintain the program and to support the use of the program through education of the public.

78A-2-602.78A-2-602 .

Section- 12.19 - S.B.

283 Enrolled Copy Section 12.

78A-7-122.78A-7-122 .

(2)(2)(a) (a) The security surcharge shall be collected and distributed pro rata with any fine collected.[ ] (b) A fine that would otherwise have been charged may not be reduced due to the imposition of the security surcharge.

- 21 - SB0283 compared with SB0283S01 (i) 62.5% to the treasurer of the county in which the justice court which [remitted] transferred the amount is located;

Effective date.

3-2-26 4:47 PM - 2220 -