| (1) |
As used in this section:
Attorney's NoteUnder the Utah Code, punishments for crimes depend on the classification. In the case of this section:
| Class | Prison | Fine |
|---|
| class B misdemeanor | up to 6 months | up to $1,000 | | class C misdemeanor | up to 90 days | up to $750 |
For details, see Utah Code § 76-3-204Terms Used In Utah Code 77-2-4.3- Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Person: means :Utah Code 68-3-12.5
- Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
- 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) |
“Compromise” means referral of a person charged with a boating violation to a boating safety course approved by the Division of Outdoor Recreation. |
| (b) |
“Boating violation” means any charge for which bail may be forfeited in lieu of appearance, by citation or information, of a violation of Title 73, Chapter 18, State Boating Act, amounting to:
| (i) |
a class B misdemeanor; |
| (ii) |
a class C misdemeanor; or |
|
|
| (2) |
Any compromise of a boating violation shall be done pursuant to a plea in abeyance agreement as provided in Title 77, Chapter 2a, Pleas in Abeyance, except:
| (a) |
when the criminal prosecution is dismissed pursuant to Section 77-2-4; or |
| (b) |
when there is a plea by the defendant to and entry of a judgment by a court for the offense originally charged or for an amended charge. |
|
| (3) |
In a case that is compromised pursuant to Subsection (2):
| (a) |
the court, taking into consideration the offense charged, shall collect a plea in abeyance fee which shall:
| (i) |
be subject to the same surcharge as if imposed on a criminal fine; |
| (ii) |
be allocated subject to the surcharge as if paid as a criminal fine under Section 78A-5-110 and a surcharge under 4; and |
| (iii) |
be not more than $25 greater than the bail designated in the Uniform Bail Schedule; or |
|
| (b) |
if no plea in abeyance fee is collected, a surcharge on the fee charged for the boating safety course shall be collected, which surcharge shall:
| (i) |
be computed, assessed, collected, and remitted in the same manner as if the boating safety course fee and surcharge had been imposed as a criminal fine and surcharge; and |
| (ii) |
be subject to the financial requirements contained in 4. |
|
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| (4) |
If a written plea in abeyance agreement is provided, or the defendant requests a written accounting, an itemized statement of all amounts assessed by the court shall be provided, including:
| (a) |
the Uniform Bail Schedule amount; |
| (b) |
the amount of any surcharges being assessed; and |
| (c) |
the amount of the plea in abeyance fee. |
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Amended by Chapter 68, 2022 General Session
