(1)

Ask a criminal law question, get an answer ASAP!
Click here to chat with a criminal defense lawyer and protect your rights.

Terms Used In Utah Code 77-38b-204

  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Civil accounts receivable: means the same as that term is defined in Section 77-32b-102. See Utah Code 77-38b-102
  • Civil judgment of restitution: means the same as that term is defined in Section 77-32b-102. See Utah Code 77-38b-102
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Defendant: means an individual who has been convicted of, or entered into a plea disposition for, criminal conduct. See Utah Code 77-38b-102
  • Docket: A log containing brief entries of court proceedings.
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Office: means the Office of State Debt Collection created in Section 63A-3-502. See Utah Code 77-38b-102
  • Payment schedule: means the same as that term is defined in Section 77-32b-102. See Utah Code 77-38b-102
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • Property: includes both real and personal property. See Utah Code 68-3-12.5
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
     (1)(a) The Judicial Council shall design and publish a financial declaration form to be completed by a defendant before the sentencing court establishes a payment schedule under Section 77-38b-205.
     (1)(b) The financial declaration form shall:

          (1)(b)(i) require a defendant to disclose all assets, income, and financial liabilities of the defendant, including:

               (1)(b)(i)(A) real property;
               (1)(b)(i)(B) vehicles;
               (1)(b)(i)(C) precious metals or gems;
               (1)(b)(i)(D) jewelry with a value of $1,000 or more;
               (1)(b)(i)(E) other personal property with a value of $1,000 or more;
               (1)(b)(i)(F) the balance of any bank account and the name of the financial institution for the bank account;
               (1)(b)(i)(G) cash;
               (1)(b)(i)(H) salary, wages, commission, tips, and business income, including the name of any employer or entity from which the defendant receives a salary, wage, commission, tip, or business income;
               (1)(b)(i)(I) pensions and annuities;
               (1)(b)(i)(J) intellectual property;
               (1)(b)(i)(K) accounts receivable;
               (1)(b)(i)(L) accounts payable;
               (1)(b)(i)(M) mortgages, loans, and other debts; and
               (1)(b)(i)(N) restitution that has been ordered, and not fully paid, in other cases; and
          (1)(b)(ii) state that a false statement made in the financial declaration form is punishable as a third degree felony under Section 76-8-504.
(2) After a plea disposition or conviction has been entered but before sentencing, a defendant shall complete the financial declaration form described in Subsection (1).
(3) When a civil judgment of restitution or a civil accounts receivable is entered for a defendant on the civil judgment docket under Section 77-18-114, the court shall provide the Office of State Debt Collection with the defendant’s financial declaration form.