Superseded 7/1/2023)
Superseded 7/1/2023
78A-5-110. Allocation of district court fees and forfeitures.
| (1) |
Except as provided in this section, district court fines and forfeitures collected for violation of state statutes shall be paid to the state treasurer. |
Terms Used In Utah Code 78A-5-110
- 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.
- Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
- Road: includes :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
- Statute: A law passed by a legislature.
| (2) |
Fines and forfeitures collected by the court for violation of a state statute or county or municipal ordinance constituting a misdemeanor or an infraction shall be remitted 1/2 to the state treasurer and 1/2 to the treasurer of the state or local governmental entity which prosecutes or which would prosecute the violation. |
| (4) |
| (a) |
The state treasurer shall allocate fines and forfeitures collected for a violation of Section 72-7-404 or 72-7-406, less fees established by the Judicial Council, to the Department of Transportation for use on class B and class C roads. |
| (b) |
Fees established by the Judicial Council shall be deposited in the state General Fund. |
| (c) |
Money allocated for class B and class C roads is supplemental to the money appropriated under Section 72-2-107 but shall be expended in the same manner as other class B and class C road funds. |
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| (5) |
| (a) |
Fines and forfeitures collected by the court for a second or subsequent violation under Section 41-6a-1713 or Subsection 72-7-409(6)(c) shall be remitted:
| (i) |
60% to the state treasurer to be deposited into the Transportation Fund; and |
| (ii) |
40% in accordance with Subsection (2). |
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| (b) |
Fines and forfeitures collected by the court for a second or subsequent violation under Subsection 72-7-409(6)(d) shall be remitted:
| (i) |
50% to the state treasurer to be deposited into the Transportation Fund; and |
| (ii) |
50% in accordance with Subsection (2). |
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| (6) |
For fines and forfeitures collected by the court for a violation of Section 41-6a-1302 in instances where evidence of the violation was obtained by an automated traffic enforcement safety device as described in Section 41-6a-1310, the court shall allocate 20% to the school district or private school that owns or contracts for the use of the bus, and the state treasurer shall allocate 40% to the treasurer of the state or local governmental entity that prosecutes or that would prosecute the violation, and 40% to the General Fund. |
| (7) |
Fines and forfeitures collected for any violations not specified in this chapter or otherwise provided for by law shall be paid to the state treasurer. |
| (8) |
Fees collected in connection with civil actions filed in the district court shall be paid to the state treasurer. |
Amended by Chapter 68, 2022 General Session
