51-9-401. Surcharge -- Application.

322 words·~1 min read·/ut/title-51/chapter-9/51-9-401

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 9/1/2021

(a)A surcharge shall be paid on all criminal fines, penalties, and forfeitures imposed by the courts.

(b)The surcharge shall be:

(i)90% upon conviction of a:

(A)felony;

(B)class A misdemeanor;

(C)violation of Title 41, Chapter 6a, Part 5, Driving Under the Influence and Reckless Driving ; or

(D)class B misdemeanor not classified within Title 41, Motor Vehicles , including violation of comparable county or municipal ordinances; or

(ii)35% upon conviction of any other offense, including violation of county or municipal ordinances not subject to the 90% surcharge.

(c)The Division of Finance shall deposit into the General Fund an amount equal to the amount that the state retains under Section 80-6-304 .

(2)The surcharge may not be imposed:

(a)upon nonmoving traffic violations;

(b)upon court orders when the offender is ordered to perform compensatory service work in lieu of paying a fine; and

(c)upon penalties assessed by the juvenile court as part of the nonjudicial adjustment of a case under Section 80-6-304 .

(a)The surcharge and the exceptions under Subsections

(1)and

(2)apply to all fines, penalties, and forfeitures imposed on juveniles for conduct that would be criminal if committed by an adult.

(b)Notwithstanding Subsection (3)(a) , the surcharge does not include amounts assessed or collected separately by juvenile courts for the Juvenile Restitution Account, which is independent of this part and does not affect the imposition or collection of the surcharge.

(4)The surcharge under this section shall be imposed in addition to the fine charged for a civil or criminal offense, and no reduction may be made in the fine charged due to the surcharge imposition.

(5)Fees, assessments, and surcharges related to criminal or traffic offenses shall be authorized and managed by this part rather than attached to particular offenses.

Amended by Chapter 262 , 2021 General Session