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2021 Utah Code
Title 77 - Utah Code of Criminal Procedure
Chapter 32b - Criminal Accounts Receivable and Costs
Section 104 - Costs -- What constitute costs -- Ability to pay.
Universal Citation:
UT Code § 77-32b-104 (2021)
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Effective 7/1/2021
77-32b-104. Costs -- What constitute costs -- Ability to pay.
Renumbered and Amended by Chapter 260, 2021 General Session
77-32b-104. Costs -- What constitute costs -- Ability to pay.
- (1) Except for a cost described in Subsection 76-3-201(4), costs shall be limited to expenses incurred by the state or any political subdivision of the state for investigating, searching for, apprehending, and prosecuting the defendant, including:
- (a) attorney fees of counsel assigned to represent the defendant;
- (b) investigators' fees; or
- (c) except for a monetary reward that is paid to a codefendant, an accomplice, or a bounty hunter, a monetary reward that is:
- (i) offered to the public in exchange for information that would lead to the apprehension and conviction of the defendant; and
- (ii) paid to a person who provided information that led to the apprehension and conviction of the defendant.
- (2) A cost may not include:
- (a) expenses inherent in providing a constitutionally guaranteed trial;
- (b) expenditures in connection with the maintenance and operation of government agencies that must be made by the public irrespective of specific violations of law; or
- (c) attorney fees for prosecuting attorneys.
- (3) The court may not order a defendant to pay a cost, unless there is evidence that the defendant is, or will be, able to pay the cost.
- (4) In determining the amount of a cost that a defendant is ordered to pay, the court shall take into account:
- (a) the financial resources of the defendant;
- (b) the nature of the burden that payment of the cost will impose; and
- (c) that restitution is prioritized over any cost.
Renumbered and Amended by Chapter 260, 2021 General Session
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