1. (1) As used in this section:

   1. (a) "Compromise" means referral of a person charged with a boating violation to a boating safety course approved by the Division of Outdoor Recreation.

   2. (b) "Boating violation" means any charge for which bail may be forfeited in lieu of appearance, by citation or information, of a violation of Title 73, Chapter 18, State Boating Act, amounting to:

      1. (i) a class B misdemeanor;
      2. (ii) a class C misdemeanor; or
      3. (iii) an infraction.

2. (2) Any compromise of a boating violation shall be done pursuant to a plea in abeyance agreement as provided in Title 77, Chapter 2a, Pleas in Abeyance, except:

   1. (a) when the criminal prosecution is dismissed pursuant to Section 77-2-4; or
   2. (b) when there is a plea by the defendant to and entry of a judgment by a court for the offense originally charged or for an amended charge.

3. (3) In a case that is compromised pursuant to Subsection (2):

   1. (a) the court, taking into consideration the offense charged, shall collect a plea in abeyance fee which shall:

      1. (i) be subject to the same surcharge as if imposed on a criminal fine;
      2. (ii) be allocated subject to the surcharge as if paid as a criminal fine under Section 78A-5-110 and a surcharge under Title 51, Chapter 9, Part 4, Criminal Conviction Surcharge Allocation; and
      3. (iii) be not more than $25 greater than the bail designated in the Uniform Bail Schedule; or

   2. (b) if no plea in abeyance fee is collected, a surcharge on the fee charged for the boating safety course shall be collected, which surcharge shall:

      1. (i) be computed, assessed, collected, and remitted in the same manner as if the boating safety course fee and surcharge had been imposed as a criminal fine and surcharge; and
      2. (ii) be subject to the financial requirements contained in Title 51, Chapter 9, Part 4, Criminal Conviction Surcharge Allocation.

4. (4) If a written plea in abeyance agreement is provided, or the defendant requests a written accounting, an itemized statement of all amounts assessed by the court shall be provided, including:

   1. (a) the Uniform Bail Schedule amount;
   2. (b) the amount of any surcharges being assessed; and
   3. (c) the amount of the plea in abeyance fee.

Amended by Chapter 68, 2022 General Session