13-806

13-806. Restitution lien

A. The state or any person entitled to restitution pursuant to a court order may
file in accordance with this section a restitution lien. A filing fee or any other
charge is not required for filing a restitution lien.

B. A restitution lien shall be signed by the attorney representing the state in the
criminal action or by a magistrate and shall set forth all of the following information:

1. The name and date of birth of the defendant whose property or other interests
are subject to the lien.

2. The present residence or principal place of business of the person named in the
lien, if known.

3. The criminal proceeding pursuant to which the lien is filed, including the name
of the court, the title of the action and the court's file number.

4. The name and address of the attorney representing the state in the proceeding
pursuant to which the lien is filed or the name and address of the person entitled to
restitution pursuant to a court order filing the lien.

5. A statement that the notice is being filed pursuant to this section.

6. The amount of restitution the defendant in the proceeding has been ordered to
pay or an estimated amount of economic loss caused by the offense alleged in the
proceeding if no restitution order has been entered yet.

7. A statement that the total amount of restitution owed will change and that the
clerk of the court in which the proceeding was or is pending shall maintain a record of
the outstanding balance.

C. A restitution lien may be filed by:

1. A prosecutor in a criminal proceeding in which there was an economic loss after
the filing of a misdemeanor complaint or felony information or indictment. At the time
of arraignment the prosecutor shall give the defendant notice of any restitution lien
filed.

2. A victim in a criminal proceeding after restitution is determined and ordered by
the trial court following pronouncement of the judgment and sentence.

D. A restitution lien is perfected against interests in personal property by filing
the lien with the secretary of state, except that in the case of titled motor vehicles it
shall be filed with the department of transportation motor vehicle division. A
restitution lien is perfected against interests in real property by filing the lien with
the county recorder of the county in which the real property is located. The state or a
victim may give the additional notice of the lien as either deems appropriate.

E. The filing of a restitution lien in accordance with this section creates a lien
in favor of the state or the victim in all of the following:

1. Any interest of the defendant in real property situated in the county in which
the lien is filed then maintained or thereafter acquired in the name of the defendant
identified in the lien.

2. Any interest of the defendant in personal property situated in this state then
maintained or thereafter acquired in the name of the defendant identified in the lien.

3. Any property identified in the lien to the extent of the defendant's interest in
the property.

F. The filing of a restitution lien under this section is notice to all persons
dealing with the person or property identified in the lien of the state's or victim's
claim. The lien created in favor of the state or the victim in accordance with this
section is superior and prior to the claims or interests of any other person, except a
person possessing any of the following:

1. A valid lien perfected before the filing of the restitution lien.

2. In the case of real property, an interest acquired and recorded before the
filing of the restitution lien.

3. In the case of personal property, an interest acquired before the filing of the
restitution lien.

G. This section does not limit the right of the state or any other person entitled
to restitution to obtain any order or injunction, receivership, writ, attachment,
garnishment or other remedy authorized by law.

H. Following the entry of the judgment and sentence in the criminal case, if the
trial court sentences the defendant to pay a fine or awards costs of investigation or
prosecution, the state may file a restitution lien pursuant to this section for the
amount of the fine or costs.

I. A criminal restitution lien is a criminal penalty for the purposes of any
federal bankruptcy involving the defendant.

J. A self-service storage facility that forecloses its lien pursuant to section
33-1704 may sell personal property that is subject to a restitution lien. The proceeds
from the sale, less the reasonable costs of sale, shall be paid to the restitution
lienholder to satisfy the restitution lien as prescribed in section 33-1704. A person
who is a good faith purchaser pursuant to section 33-1704 and who purchases personal
property that is subject to a restitution lien takes the property free and clear of the
rights of the restitution lienholder.