Utah Code 77-38b-204. Financial declaration by defendant
Current as of: 2024 | Check for updates
|
Other versions
(1)
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.