1. (1) Except for a cost described in Subsection 76-3-201(4), a court may order a defendant under Section 76-3-201 to pay costs for expenses incurred by the state or any political subdivision of the state for investigating, searching for, apprehending, and prosecuting the defendant, including:

   1. (a) attorney fees of counsel assigned to represent the defendant;
   2. (b) investigators' fees; or

   3. (c) except for a monetary reward that is paid to a codefendant, an accomplice, or a bounty hunter, a monetary reward that is:

      1. (i) offered to the public in exchange for information that would lead to the apprehension and conviction of the defendant; and
      2. (ii) paid to a person who provided information that led to the apprehension and conviction of the defendant.

2. (2) A cost under Subsection (1) may not include:

   1. (a) expenses inherent in providing a constitutionally guaranteed trial;
   2. (b) expenditures in connection with the maintenance and operation of government agencies that must be made by the public irrespective of specific violations of law;
   3. (c) attorney fees for prosecuting attorneys; or
   4. (d) expenses for government transportation to and from court proceedings related to the prosecution of the offense for which the defendant is convicted.
3. (3) The court may not order a defendant to pay a cost, unless there is evidence that the defendant is, or will be, able to pay the cost.

4. (4) In determining the amount of a cost that a defendant is ordered to pay, the court shall take into account:

   1. (a) the financial resources of the defendant;
   2. (b) the nature of the burden that payment of the cost will impose; and
   3. (c) that restitution is prioritized over any cost.

Amended by Chapter 497, 2023 General Session