32A-12-105 (Repealed 07/01/11) - Additional criminal penalties.
32A-12-105 (Repealed 07/01/11). Additional criminal penalties.
In addition to the penalties provided in Title 76, Chapter 3, Penalties:
(1) Upon any defendant's conviction of any offense defined in this title, the court mayalso order the defendant to make restitution or pay costs in accordance with Title 77, Chapter32A, Defense Costs.
(2) (a) Upon a corporation's, association's, partnership's, or limited liability company'sconviction of any offense defined in this title, and a failure of the corporation, partnership,association, or limited liability company to pay a fine imposed upon it, the powers, rights, andprivileges of the corporation, association, partnership, or limited liability company, if it is adomestic corporation, association, partnership, or limited liability company may be suspended orrevoked, and if a foreign corporation, association, partnership, or limited liability company, itforfeits its right to do intrastate business in this state.
(b) The department shall transmit the name of each corporation, association, partnership,or limited liability company to the Division of Corporations and Commercial Code, which shallimmediately record the action in a manner that makes the information available to the public. The suspension, revocation, or forfeiture is effective from the time the record is made, and thecertificate of the Division of Corporations and Commercial Code is prima facie evidence of thesuspension, revocation, or forfeiture. Nothing contained in this section may be construed asaffecting, limiting, or restricting any proceedings that otherwise may be taken for the impositionof any other punishment or the modes of enforcement or recovery of fines or penalties.
(3) Upon the conviction of any business entity required to have a business license tooperate its business activities, or upon the conviction of any of its agents, employees, or officersof any offense defined in this title, with the knowledge, consent, or acquiescence of the businessentity, the department shall forward a copy of the judgment of conviction to the appropriategovernmental entity responsible for issuing and revoking the business licenses. Thatgovernmental entity may institute appropriate proceedings to revoke the business' license, andupon revocation, a license may not be granted to the business entity for at least one year from thedate of revocation. Upon the conviction for a second or other offense, a license may not begranted for at least two years from the date of revocation.
(4) Upon conviction of any physician, pharmacist, druggist, dentist, or veterinarian ofany offense defined in this title, the department shall forward a certified copy of the judgment ofconviction to the Division of Occupational and Professional Licensing. That department mayinstitute appropriate proceedings to revoke the defendant's license, and upon revocation, a licensemay not be granted to the defendant by the department for at least one year from the date ofrevocation. Upon the defendant's conviction for a second or other offense, a license may not begranted for at least two years from the date of revocation.
Repealed by Chapter 276, 2010 General Session
Amended by Chapter 314, 2003 General Session