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Senate approves restitution requirement before expungement or 4-02 plea completion after divided debate

Utah State Senate · February 9, 2006
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Summary

The Utah Senate approved a measure requiring court-ordered restitution to be paid before defendants can receive expungement or completion of a 4-02 plea-in-advance. Supporters said it restores leverage for victims; opponents said current practice already allows victim input and feared loss of judicial discretion.

Senator Bell moved that the Senate consider a substitute bill requiring that court-ordered restitution be paid before a defendant may receive an expungement or the completion of a 4-02 plea-in-advance. After extended debate, the Senate approved the substitute by recorded vote, 19 yes, 5 no, with 5 absent.

The bill’s sponsor and supporters framed the change as restoring victims’ ability to obtain payment before defendants obtain the benefits of expungement or certain plea-completion processes. "If we're…

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