(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.

(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.

(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.

Amended by Chapter 497, 2023 General Session

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