(1) The following persons are eligible under this section for a refund of monetary payments actually paid:
(a) A defendant whose court-ordered fines, fees, costs, surcharges, restitution, interest, or other monetary amounts resulting from a criminal conviction in a district or county court of this state have been paid if the amount paid relates solely to a conviction:
That is vacated after postconviction proceedings or is overturned on appeal; and
The charge on which the conviction was based is dismissed or the person is acquittedof the charge after a new trial;
(b) A defendant whose court-ordered restitution and interest resulting from a criminal conviction in a district or county court of this state have been paid and:
The restitution ordered by the court is reversed on appeal; or
The amount of restitution ordered by the court is reversed on appeal and the restitution, including interest, that has been paid is in excess of the amount upheld on appeal.
(2) (a) A defendant may file a written motion in the court in which the conviction was entered for a refund of any monetary amounts described in subsection (1) of this section within one year after the defendant becomes eligible for the refund. The court may only extend the oneyear time limit for good cause.
(b) The defendant bears the burden of proving by a preponderance of the evidence that the amount was actually paid and that the defendant is eligible for a refund pursuant to subsection (1) of this section. If the court finds that the defendant has established eligibility for a refund, the court shall issue an order directing the state court administrator to issue a refund for the total monetary amount found to be due.
(3) Nothing in this section requires a victim to repay restitution received as a result of a criminal conviction.
Source: L. 2017: Entire section added, (HB 17-1071), ch. 70, p. 219, § 1, effective September 1.