class B misdemeanor not classified within Title 41, Motor Vehicles, including violation of comparable county or municipal ordinances; or
(ii)
35% upon conviction of any other offense, including violation of county or municipal ordinances not subject to the 90% surcharge.
(c)
The Division of Finance shall deposit into the General Fund an amount equal to the amount that the state retains under Section 80-6-304.
(2)
The surcharge may not be imposed:
(a)
upon nonmoving traffic violations;
(b)
upon court orders when the offender is ordered to perform compensatory service work in lieu of paying a fine; and
(c)
upon penalties assessed by the juvenile court as part of the nonjudicial adjustment of a case under Section 80-6-304.
(3)
(a)
The surcharge and the exceptions under Subsections (1) and (2) apply to all fines, penalties, and forfeitures imposed on juveniles for conduct that would be criminal if committed by an adult.
(b)
Notwithstanding Subsection (3)(a), the surcharge does not include amounts assessed or collected separately by juvenile courts for the Juvenile Restitution Account, which is independent of this part and does not affect the imposition or collection of the surcharge.
(4)
The surcharge under this section shall be imposed in addition to the fine charged for a civil or criminal offense, and no reduction may be made in the fine charged due to the surcharge imposition.
(5)
Fees, assessments, and surcharges related to criminal or traffic offenses shall be authorized and managed by this part rather than attached to particular offenses.
Section 51-9-401 ("Surcharge -- Application.") 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 § 51-9-401?
A common citation format is "Utah Code § 51-9-401" (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 § 51-9-401 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.
