77-2-4.3. Compromise of boating violations -- Limitations.

390 words·~2 min read·/ut/title-77/chapter-2/77-2-4-3

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

Effective 7/1/2022

(1)As used in this section:

(a)"Compromise" means referral of a person charged with a boating violation to a boating safety course approved by the Division of Outdoor Recreation.

(b)"Boating violation" means any charge for which bail may be forfeited in lieu of appearance, by citation or information, of a violation of Title 73, Chapter 18, State Boating Act , amounting to:

(i)a class B misdemeanor;

(ii)a class C misdemeanor; or

(iii)an infraction.

(2)Any compromise of a boating violation shall be done pursuant to a plea in abeyance agreement as provided in Title 77, Chapter 2a, Pleas in Abeyance , except:

(a)when the criminal prosecution is dismissed pursuant to Section 77-2-4 ; or

(b)when there is a plea by the defendant to and entry of a judgment by a court for the offense originally charged or for an amended charge.

(3)In a case that is compromised pursuant to Subsection

(2):

(a)the court, taking into consideration the offense charged, shall collect a plea in abeyance fee which shall:

(i)be subject to the same surcharge as if imposed on a criminal fine;

(ii)be allocated subject to the surcharge as if paid as a criminal fine under Section 78A-5-110 and a surcharge under Title 51, Chapter 9, Part 4, Criminal Conviction Surcharge Allocation ; and

(iii)be not more than $25 greater than the bail designated in the Uniform Bail Schedule; or

(b)if no plea in abeyance fee is collected, a surcharge on the fee charged for the boating safety course shall be collected, which surcharge shall:

(i)be computed, assessed, collected, and remitted in the same manner as if the boating safety course fee and surcharge had been imposed as a criminal fine and surcharge; and

(ii)be subject to the financial requirements contained in Title 51, Chapter 9, Part 4, Criminal Conviction Surcharge Allocation .

(4)If a written plea in abeyance agreement is provided, or the defendant requests a written accounting, an itemized statement of all amounts assessed by the court shall be provided, including:

(a)the Uniform Bail Schedule amount;

(b)the amount of any surcharges being assessed; and

(c)the amount of the plea in abeyance fee.

Amended by Chapter 68 , 2022 General Session