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12-21-264
Section 12-21-264 Taking of deposition or videotaped deposition when victim or witness unavailable
because of exceptional circumstances. (a) In any criminal prosecution, the court may, upon
motion of the district attorney, the defense, or the court, for good cause shown and after
notice to the parties, order the taking of a deposition or a videotaped deposition of a victim
or a witness when the victim or witness is or may be unavailable for trial for medical reasons
or other exceptional circumstances. On any motion for a deposition or a videotaped deposition
of the victim or witness, the court shall consider the age of the victim or witness, the potential
unavailability of the victim or witness for trial, the nature of the offense, the nature of
testimony that may be expected, and the possible effect that testimony in person at trial
may have on the victim or witness, along with any other relevant matters that may be required
by Supreme Court rule. During the taking of a deposition or...
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15-18-144
Section 15-18-144 Employment income withholding order - Assets of defendant to be withheld
or attached. (a) Any provision of any law of this state to the contrary notwithstanding and
in addition to any other remedy which is or may be hereafter provided by law for the enforcement
or collection of a restitution order, any decree, judgment, or order requiring the payment
of restitution may include, upon motion of the victim, district attorney, the Attorney General,
or the court, an order requiring that any asset or other income or any portion thereof to
which a defendant is or may be entitled be withheld or attached, and such order may also require
any person in real or constructive possession, custody, or control thereof to pay over, deliver,
convey, transfer, or assign the same to the clerk of the court for disbursement, transfer,
or assignment to the victim in accordance with the defendant's restitution obligation. If
the prison authority reasonably believes that the defendant's...
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15-23-69
Section 15-23-69 Testimony concerning information about victim; information about victim in
court file. (a) Based upon the reasonable apprehension of the victim of acts or threats of
physical violence or intimidation by the defendant, the family of the defendant, or by anyone
at the direction of the defendant, against the victim or the immediate family of the victim,
the prosecutor may petition the court to direct that the victim or any other witness not be
compelled to testify during pre-trial proceedings or to any trial, facts that could divulge
the identity, residence, or place of employment of the victim, or other related information
without consent of the victim unless necessary to the prosecution of the criminal proceeding.
If the court schedules a hearing on the merits of the petition, it shall be held in camera.
(b) The address, phone number, place of employment, and other related information about the
victim contained in the court file shall not be public record. (Acts 1995,...
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15-23-77
Section 15-23-77 Right to have property returned. (a) Prior to the admission of evidence to
the court, on request of the victim, after consultation and written approval by the district
attorney or Attorney General, the law enforcement agency responsible for investigating the
criminal offense shall return to the victim any property belonging to the victim that was
taken during the course of the investigation, or shall inform the victim of the reasons why
the property will not be returned. The law enforcement agency shall make reasonable efforts
to return the property to the victim as soon as possible. (b) If the property of the victim
has been admitted as evidence during a trial or hearing, the court may, upon request of the
district attorney or the Attorney General, order its release to the victim if a photograph
can be substituted. If evidence is released pursuant to this subsection, the attorney for
the defendant or investigator may inspect and independently photograph the evidence...
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8-6-119
Section 8-6-119 Judicial validation proceedings. Any judicial validation proceeding instituted
under this article shall conform to and be conducted in accordance with either Section 6-6-750
et seq. or Section 11-81-220 et seq., whichever is applicable to the issuer. The petition
shall allege that the issue of industrial revenue bonds proposed by the issuer is not improvident,
and the director shall be served with notice of the proceeding in the same manner and for
the same time as the district attorney, and may attend the hearing before the circuit court
having jurisdiction of the matter in person or by attorney, present evidence, and be heard
by the court. The court shall not validate unless, pursuant to evidence presented at the hearing,
the court finds and determines that the issue is not improvident. No judicial validation proceedings
shall be instituted under this article until the commission enters a stop order or until the
expiration of 15 days after the proposed industrial...
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12-15-136
Section 12-15-136 Proceedings for sealing legal and social files and records of courts, pertaining
to certain persons and effect thereof. (a) On motion of a person who has been the subject
of a delinquency or child in need of supervision petition , the juvenile court may order the
sealing of the legal and social files and records of the juvenile court pertaining to the
person if it finds that: (1) Two years have elapsed since the final discharge of the person
from legal custody or supervision or two years after the entry of any other order of the juvenile
court not involving custody or supervision; and (2) The person has not been convicted or adjudicated
delinquent or a youthful offender of any felony or a misdemeanor involving sexual offenses,
drugs, weapons, or violence, or threats of violence, prior to the filing of the motion and
no proceeding is pending seeking the conviction or adjudication. (b) The motion and the order
may include the records, reports, or information specified...
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14-6-22
Section 14-6-22 Misdemeanant required to pay costs of incarceration; remission of costs; amount
and method of payment; payment of costs as condition of probation, etc., authorized; procedure
upon default; disposition of costs. (a)(1) A court shall require a convicted defendant in
a misdemeanor case to pay housing, maintenance and medical costs associated with the defendant's
incarceration in a county or city jail except as otherwise provided herein. Such costs shall
not exceed $20.00 per day that the defendant has been incarcerated plus actual medical expenses
incurred on behalf of the defendant. Such costs shall be taxed as costs of court and shall
be in addition to any and all other costs of court. (2) At the time of sentencing such defendant
may petition the court for remission of the payment of these costs or of any portion thereof.
If it appears to the satisfaction of the court that payment of the amount due will impose
manifest hardship on the defendant or his immediate family,...
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15-12-5
Section 15-12-5 Determination of indigency and provision of defense services. (a) Judicial
role in determining indigency. The trial judge shall determine, in accordance with the policies
and procedures established by the Office of Indigent Defense Services, if a person in his
or her court is an indigent defendant, any time appropriate or necessary. Upon appeal from
the trial court to the state appellate court, the trial judge who presided over the proceedings
on appeal shall determine if the appellant is an indigent defendant in accordance with the
policies and procedures established by the Office of Indigent Defense Services. If an indigency
determination is necessary in any proceeding initiated originally in a state appellate court
, the presiding judge or chief justice of the appellate court shall determine if the appellant
or petitioner is an indigent defendant. (b) Criteria for determining indigency. In determining
indigency, the judge shall recognize ability to pay as a variable...
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40-9A-6
Section 40-9A-6 Failure to file; filing of false or incomplete information; enforcement of
reporting requirements. (a) If any lessee which is required to file the information required
by Section 40-9A-2 fails to file either such information or a notification of inability as
described in the first sentence of subsection (b) of Section 40-9A-2 within the time frames
set forth in said subsection (b), or files false information, or files information that is
so incomplete or inaccurate that the county tax assessor is unable to determine the information
required by Section 40-9A-3 with reasonable accuracy, then such lessee shall be liable for
a penalty equal in amount to $50 for each month or part of a month during which the act or
omission subjecting the lessee to a penalty under this section occurs or continues. (b) The
Department of Revenue is authorized to enforce the reporting requirements of Section 40-9A-1
by injunctive relief in the courts of this state and shall be entitled to...
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15-13-144
Section 15-13-144 Notice to prosecutor. Prior to the hearing, the judicial officer shall have
the clerk of the court give a minimum notice of 72 hours to the district attorney of the circuit
of the jurisdiction, or to an assistant district attorney of the jurisdiction for that purpose,
or the prosecuting officer of the municipal court in municipal court cases, that a person
seeks to be released on judicial public bail and notice shall stipulate the time of the hearing.
No person shall be released on judicial public bail unless notice is given. Upon receipt of
the notice, the district attorney, or prosecutor, or his or her assistant shall be entitled
to be heard at the hearing on the merits of the conditions of release, and the hearing shall
be at a time, date, and place certain wherein all parties shall appear and proceedings shall
be a matter of record. Nothing contained in this chapter shall be construed as granting or
affording the defendant an absolute right to be released on...
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