Utah Code 51-9-401. Surcharge — Application

51-9-401. Surcharge — Application.

(1)

Under the Utah Code, punishments for crimes depend on the classification. In the case of this section:

Class	Prison	Fine
class A misdemeanor	up to 364 days	up to $2,500
class B misdemeanor	up to 6 months	up to $1,000

Conviction: A judgement of guilt against a criminal defendant.
Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5

(a)

A surcharge shall be paid on all criminal fines, penalties, and forfeitures imposed by the courts.

(b)

The surcharge shall be:

(i)

90% upon conviction of a:

(A)

felony;

(B)	class A misdemeanor;

(C)	violation of 5; or

(D)	class B misdemeanor not classified within Title 41, Motor Vehicles, including violation of comparable county or municipal ordinances; or

(ii)	35% upon conviction of any other offense, including violation of county or municipal ordinances not subject to the 90% surcharge.

(c)	The Division of Finance shall deposit into the General Fund an amount equal to the amount that the state retains under Section 80-6-304.

(2)

The surcharge may not be imposed:

(a)	upon nonmoving traffic violations;

(b)	upon court orders when the offender is ordered to perform compensatory service work in lieu of paying a fine; and

(c)	upon penalties assessed by the juvenile court as part of the nonjudicial adjustment of a case under Section 80-6-304.

(3)

(a)	The surcharge and the exceptions under Subsections (1) and (2) apply to all fines, penalties, and forfeitures imposed on juveniles for conduct that would be criminal if committed by an adult.

(b)	Notwithstanding Subsection (3)(a), the surcharge does not include amounts assessed or collected separately by juvenile courts for the Juvenile Restitution Account, which is independent of this part and does not affect the imposition or collection of the surcharge.

(4)	The surcharge under this section shall be imposed in addition to the fine charged for a civil or criminal offense, and no reduction may be made in the fine charged due to the surcharge imposition.

(5)	Fees, assessments, and surcharges related to criminal or traffic offenses shall be authorized and managed by this part rather than attached to particular offenses.

Amended by Chapter 262, 2021 General Session