Section 101 – Investigation of sales of alcohol, tobacco products, electronic cigarette products, and nicotine products to underage individuals.
Effective 5/5/2021 77-39-101. Investigation of sales of alcohol, tobacco products, electronic cigarette products, and nicotine products to underage individuals. (1) As used in this section: (a) “Electronic cigarette product” means the same as that term is defined in Section 76-10-101. (b) “Nicotine product” means the same as that term is defined in Section 76-10-101. (c) […]
Section 102 – Applicability to juvenile court records.
Effective 5/4/2022 77-40a-102. Applicability to juvenile court records. This chapter does not apply to an expungement of a record for an adjudication under Section 80-6-701 or a nonjudicial adjustment, as that term is defined in Section 80-1-102, of an offense in the juvenile court. Renumbered and Amended by Chapter 250, 2022 General Session
Section 103 – Retroactive application.
Effective 5/4/2022 77-40a-103. Retroactive application. The provisions of this chapter apply retroactively to all arrests and convictions regardless of the date on which the arrests were made or convictions were entered. Renumbered and Amended by Chapter 250, 2022 General Session
Section 104 – Rulemaking authority.
Effective 5/4/2022 77-40a-104. Rulemaking authority. In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the department may make rules to: (1) implement procedures for processing an automatic expungement; (2) implement procedures for applying for certificates of eligibility; (3) specify procedures for receiving a certificate of eligibility; and (4) create forms and determine information […]
Section 105 – Eligibility for removing the link between personal identifying information and court case dismissed.
Effective 5/4/2022 77-40a-105. Eligibility for removing the link between personal identifying information and court case dismissed. (1) As used in this section: (a) “Domestic violence offense” means the same as that term is defined in Section 77-36-1. (b) “Personal identifying information” means: (i) a current name, former name, nickname, or alias; and (ii) date of […]
Section 301 – Entry of judgment — Interest — Civil actions — Lien — Delinquency.
Effective 7/1/2021 77-38b-301. Entry of judgment — Interest — Civil actions — Lien — Delinquency. (1) As used in this section, “judgment” means an order for: (a) a civil judgment of restitution; or (b) a civil accounts receivable. (2) (a) If the court has entered a judgment on the civil judgment docket under Section 77-18-114, […]
Section 302 – Nondischargability in bankruptcy.
Effective 7/1/2021 77-38b-302. Nondischargability in bankruptcy. A civil judgment of restitution and a civil accounts receivable are considered a debt from a criminal case that may not be discharged in bankruptcy. Enacted by Chapter 260, 2021 General Session
Section 621 – Rulemaking.
Effective 1/1/2023 77-38-621. Rulemaking. In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the commission may make rules to: (1) establish a process to expedite requests from law enforcement officers and agencies in accordance with Section 77-38-613; (2) establish procedures for an appeal process regarding cancellation of enrollment under Section 77-38-617; and (3) […]
Section 201 – Law enforcement responsibility for collecting restitution information.
Effective 7/1/2021 77-38b-201. Law enforcement responsibility for collecting restitution information. A law enforcement agency investigating criminal conduct that would constitute a felony or a misdemeanor shall include all information about restitution for any potential victim in the investigative report, including information about: (1) whether a claim for restitution exists; (2) the basis for the claim; […]
Section 202 – Prosecuting attorney responsibility for collecting restitution information — Depositing restitution on behalf of victim.
Effective 7/1/2021 77-38b-202. Prosecuting attorney responsibility for collecting restitution information — Depositing restitution on behalf of victim. (1) If a prosecuting attorney files a criminal charge against a defendant, the prosecuting attorney shall: (a) contact any known victim of the offense for which the criminal charge is filed, or person asserting a claim for restitution […]