1. (1)

   1. (a) The Judicial Council shall establish a uniform recommended fine schedule for each offense under Subsection 76-3-301(1).
   2. (b) The fine for each offense shall proportionally reflect the seriousness of the offense and other factors as determined in writing by the Judicial Council.
   3. (c) The Judicial Council shall annually review the schedule.
   4. (d) The fines shall be collected as part of a criminal accounts receivable, as defined in Section 77-32b-102, that is established under Section 77-32b-103.

2. (2) The schedule shall incorporate:

   1. (a) criteria for determining aggravating and mitigating circumstances; and
   2. (b) guidelines for enhancement or reduction of the fine, based on aggravating or mitigating circumstances.
3. (3) Presentence investigation reports shall include documentation of aggravating and mitigating circumstances as determined under the criteria, and a recommended fine under the schedule.
4. (4) This section does not prohibit the court from, at the court's discretion, imposing no fine, or a fine in any amount up to and including the maximum fine, for the offense.

Amended by Chapter 284, 2026 General Session