77-38b-204. Financial declaration by defendant.
| (1) |
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Terms Used In Utah Code 77-38b-204- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Civil accounts receivable: means the same as that term is defined in Section 77-32b-102. See Utah Code 77-38b-102
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Defendant: means an individual who has been convicted of, or entered into a plea disposition for, criminal conduct. See Utah Code 77-38b-102
- Docket: A log containing brief entries of court proceedings.
- Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
- Office: means the Office of State Debt Collection created in Section 63A-3-502. See Utah Code 77-38b-102
- Payment schedule: means the same as that term is defined in Section 77-32b-102. See Utah Code 77-38b-102
- 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.
- Property: includes both real and personal property. See 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
| (a) |
The Judicial Council shall design and publish a financial declaration form to be completed by a defendant before the sentencing court establishes a payment schedule under Section 77-38b-205. |
| (b) |
The financial declaration form shall:
| (i) |
require a defendant to disclose all assets, income, and financial liabilities of the defendant, including:
| (C) |
precious metals or gems; |
| (D) |
jewelry with a value of $1,000 or more; |
| (E) |
other personal property with a value of $1,000 or more; |
| (F) |
the balance of any bank account and the name of the financial institution for the bank account; |
| (H) |
salary, wages, commission, tips, and business income, including the name of any employer or entity from which the defendant receives a salary, wage, commission, tip, or business income; |
| (I) |
pensions and annuities; |
| (J) |
intellectual property; |
| (M) |
mortgages, loans, and other debts; and |
| (N) |
restitution that has been ordered, and not fully paid, in other cases; and |
|
| (ii) |
state that a false statement made in the financial declaration form is punishable as a third degree felony under Section 76-8-504. |
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| (2) |
After a plea disposition or conviction has been entered but before sentencing, a defendant shall complete the financial declaration form described in Subsection (1). |
| (3) |
When a civil judgment of restitution or a civil accounts receivable is entered for a defendant on the civil judgment docket under Section 77-18-114, the court shall provide the Office of State Debt Collection with the defendant’s financial declaration form. |
Amended by Chapter 328, 2022 General Session
