Section 77-2-4.3 - Compromise of boating violations - Limitations(1) As used in this section: (a) "Compromise" means referral of a person charged with a boating violation to a boating safety course approved by the Division of Outdoor Recreation.(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: (i) a class B misdemeanor;(ii) a class C misdemeanor; or(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: (a) when the criminal prosecution is dismissed pursuant to Section 77-2-4; or(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) In a case that is compromised pursuant to Subsection (2): (a) the court, taking into consideration the offense charged, shall collect a plea in abeyance fee which shall: (i) be subject to the same surcharge as if imposed on a criminal fine;(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(iii) be not more than $25 greater than the bail designated in the Uniform Bail Schedule; or(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: (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(ii) be subject to the financial requirements contained in Title 51, Chapter 9, Part 4, Criminal Conviction Surcharge Allocation.(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: (a) the Uniform Bail Schedule amount;(b) the amount of any surcharges being assessed; and(c) the amount of the plea in abeyance fee.Amended by Chapter 68, 2022 General Session ,§ 71, eff. 7/1/2022.Amended by Chapter 280, 2021 General Session ,§ 94, eff. 7/1/2021.Enacted by Chapter 386, 2011, 2011 General Session.