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2006 Utah Code - 63-25a-403 — Restitution -- Reparations not to supplant restitution -- Assignment of claim for restitution judgment to Reparations Office.
63-25a-403. Restitution -- Reparations not to supplant restitution -- Assignment of claim for restitution judgment to Reparations Office.(1) A reparations award shall not supplant restitution as established under Title 77, Chapter 38a, Crime Victims Restitution Act, or as established by any other provisions.
(2) The court shall not consider a reparations award when determining the order of restitution nor when enforcing restitution.
(3) If, due to reparation payments to a victim, the Reparations Office is assigned under Section 63-25a-419 a claim for the victim's judgment for restitution or a portion of the restitution, the Reparations Office may file with the sentencing court a notice of the assignment. The notice of assignment shall be signed by the victim and a Reparations Officer and shall state the amount of the claim assigned.
(4) Upon conviction and sentencing of the defendant, the court shall enter a civil judgment for complete restitution as provided in Section 77-38a-401 and identify the Reparations Office as the assignee of the assigned portion of the judgment.
(5) If the notice of assignment is filed after sentencing, the court shall modify the civil judgment for restitution to identify the Reparations Office as the assignee of the assigned portion of the judgment.
Amended by Chapter 35, 2002 General Session
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