(1) |
Except for a cost described in Subsection 76-3-201(4), a court may order a defendant under Section 76-3-201 to pay costs for expenses incurred by the state or any political subdivision of the state for investigating, searching for, apprehending, and prosecuting the defendant, including:
Terms Used In Utah Code 77-32b-104- Conviction: A judgement of guilt against a criminal defendant.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Person: means :Utah Code 68-3-12.5
- 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
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(a) |
attorney fees of counsel assigned to represent the defendant; |
(b) |
investigators’ fees; or |
(c) |
except for a monetary reward that is paid to a codefendant, an accomplice, or a bounty hunter, a monetary reward that is:
(i) |
offered to the public in exchange for information that would lead to the apprehension and conviction of the defendant; and |
(ii) |
paid to a person who provided information that led to the apprehension and conviction of the defendant. |
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(2) |
A cost under Subsection (1) may not include:
(a) |
expenses inherent in providing a constitutionally guaranteed trial; |
(b) |
expenditures in connection with the maintenance and operation of government agencies that must be made by the public irrespective of specific violations of law; |
(c) |
attorney fees for prosecuting attorneys; or |
(d) |
expenses for government transportation to and from court proceedings related to the prosecution of the offense for which the defendant is convicted. |
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(3) |
The court may not order a defendant to pay a cost, unless there is evidence that the defendant is, or will be, able to pay the cost. |
(4) |
In determining the amount of a cost that a defendant is ordered to pay, the court shall take into account:
(a) |
the financial resources of the defendant; |
(b) |
the nature of the burden that payment of the cost will impose; and |
(c) |
that restitution is prioritized over any cost. |
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Amended by Chapter 497, 2023 General Session