Utah § 32b-104 - Costs -- What constitute costs -- Ability to pay.
Full text of Utah Utah Code § 32b-104 — Costs -- What constitute costs -- Ability to pay., with citation guidance and answers to common questions.
§ 32b-104. Costs -- What constitute costs -- Ability to pay.
Effective 5/3/2023 77-32b-104.
Costs -- What constitute costs -- Ability to pay.
(1)
Except for a cost described in Subsection 76-3-201(4), a court may order a defendant under Section 76-3-201 to pay costs for 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.
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;
(c)
attorney fees for prosecuting attorneys; or
(d)
expenses for government transportation to and from court proceedings related to the prosecution of the offense for which the defendant is convicted.
(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
Section 32b-104 ("Costs -- What constitute costs -- Ability to pay.") is part of the Utah Code, the codified statutory law of Utah. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Utah § 32b-104?
A common citation format is "Utah Code § 32b-104" (Utah). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Utah law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Utah official source linked on this page or consult a licensed Utah attorney.
How does Utah § 32b-104 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Utah can advise on how this section applies to you. Contact your state or local bar association for a referral.
