51-9-401 - Surcharge -- Application and exemptions. - Utah Statutes

51-9-401. Surcharge -- Application and exemptions.
(1) (a) A surcharge shall be paid on all criminal fines, penalties, and forfeitures imposedby 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 RecklessDriving; or
(D) class B misdemeanor not classified within Title 41, Motor Vehicles, includingviolation of comparable county or municipal ordinances; or
(ii) 35% upon conviction of any other offense, including violation of county or municipalordinances not subject to the 90% surcharge.
(c) The Division of Finance shall allocate the collected 90% surcharge in Subsection(1)(b)(i) in the following order:
(i) the first $30,000 to the General Fund;
(ii) the next 4.5% to the Law Enforcement Services Account established in Section51-9-412; and
(iii) the remainder as prescribed in Sections 51-9-403 through 51-9-411.
(2) The surcharge may not be imposed:
(a) upon nonmoving traffic violations;
(b) upon court orders when the offender is ordered to perform compensatory servicework in lieu of paying a fine; and
(c) upon penalties assessed by the juvenile court as part of the nonjudicial adjustment ofa case under Section 78A-6-602.
(3) (a) The surcharge and the exceptions under Subsections (1) and (2) also apply to allfines, penalties, and forfeitures imposed on juveniles for conduct that would be criminal ifcommitted by an adult.
(b) However, the surcharge does not include amounts assessed or collected separately byjuvenile courts for the Juvenile Restitution Account, which is independent of this part and doesnot affect the imposition or collection of the surcharge.
(4) The surcharge under this section shall be imposed in addition to the fine charged for acivil or criminal offense, and no reduction may be made in the fine charged due to the surchargeimposition.
(5) Fees, assessments, and surcharges related to criminal or traffic offenses shall beauthorized and managed by this part rather than attached to particular offenses.

Amended by Chapter 402, 2010 General Session