Article I, Section 28. [Declaration of the rights
of crime
victims.]
(1) To preserve and protect victims' rights to
justice
and due process, victims of crimes have these rights, as defined by law:
(a) To be
treated with fairness, respect, and
dignity,
and to be free from harassment and abuse throughout the criminal
justice
process;
(b) Upon
request, to be informed of, be
present at,
and to be heard at important criminal justice hearings related to the
victim,
either in person or through a lawful representative, once a criminal
information or indictment charging a crime has been publicly filed in
court;
and
(c) To have a sentencing judge,
for the
purpose of
imposing an appropriate sentence, receive and consider, without
evidentiary limitation,
reliable information concerning the background, character, and conduct
of a
person convicted of an offense except that this subsection does not
apply to
capital cases or situations involving privileges.
(2) Nothing in this section shall be construed
as
creating a cause of action for money damages, costs, or attorney's
fees, or for
dismissing any criminal charge, or relief from any criminal judgment.
(3) The provisions of this section shall
extend to all
felony crimes and such other crimes or acts, including juvenile
offenses, as
the Legislature may provide.
(4) The Legislature shall have the power to
enforce
and define this section by statute.
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| 77-38-1. | Title. |
| 77-38-2. | Definitions. |
| 77-38-3. | Notification to victims -- Initial notice, election to receive subsequent notices -- Form of notice -- Protected victim information. |
| 77-38-4. | Right to be present and to be heard -- Control of disruptive acts or irrelevant statements -- Statements from persons in custody. |
| 77-38-5. | Application to felonies and misdemeanors of the declaration of the rights of crime victims. |
| 77-38-6. | Victim's right to privacy. |
| 77-38-7. | Victim's right to a speedy trial. |
| 77-38-8. | Age-appropriate language at judicial proceedings -- Advisor. |
| 77-38-9. | Representative of victim -- Court designation -- Representation in cases involving minors -- Photographs in homicide cases. |
| 77-38-10. | Victim's discretion. |
| 77-38-11. | Enforcement -- Appellate Review -- No right to money damages. |
| 77-38-12. | Construction of this chapter -- No right to set aside conviction, adjudication, admission, or plea -- Severability clause. |
| 77-38-13. | Declaration of legislative authority. |
| 77-38-14. | Notice of expungement petition -- Victim's right to object. |
77-38-9. Representative of victim -- Court designation --
Representation in cases involving minors -- Photographs in homicide
cases.
(1) (a) A victim of
a crime may designate,
with
the approval of the court, a representative who may exercise the same
rights that
the victim is entitled to exercise under this chapter.
(b) Except as
otherwise provided in this
section, the
victim may revoke the designation at any time.
(c) In cases where the designation is in
question, the
court may require that the designation of the representative be made in
writing
by the victim.
(2) In cases in which the victim is deceased
or
incapacitated, upon request from the victim's spouse, parent, child, or
close
friend, the court shall designate a representative or representatives
of the
victim to exercise the rights of a victim under this chapter on behalf
of the
victim. The responsible prosecuting agency may request a designation to
the
court.
(3) (a) If the victim is a minor, the court in
its
discretion may allow the minor to exercise the rights of a victim under
this
chapter or may allow the victim's parent or other immediate family
member to
act as a representative of the victim.
(b) The court may also, in its
discretion,
designate a
person who is not a member of the immediate family to represent the
interests
of the minor.
(4) The representative of a victim of a crime
shall
not be:
(a) the accused
or a person who appears to be
accountable or otherwise criminally responsible for or criminally
involved in
the crime or conduct, a related crime or conduct, or a crime or act
arising
from the same conduct, criminal episode, or plan as the crime or
conduct is
defined under the laws of this state;
(b) a person in
the custody of or under
detention of
federal, state, or local authorities; or
(c) a person
whom the court in its discretion
considers to be otherwise inappropriate.
(5) Any notices that are to be provided to a
victim
pursuant to this chapter shall be sent to the victim or the victim's
lawful
representative.
(6) On behalf of the victim, the prosecutor
may assert
any right to which the victim is entitled under this chapter, unless
the victim
requests otherwise or exercises his own rights.
(7) In any homicide prosecution, the
prosecution may
introduce a photograph of the victim taken before the homicide to
establish
that the victim was a human being, the identity of the victim, and for
other
relevant purposes.
77-38-13.
Declaration
of legislative authority.
It is the view of the Legislature that the
provisions
of this chapter, and other provisions enacted simultaneously with it,
are
substantive provisions within inherent legislative authority. In the
event that
any of the provisions of this chapter, and other provisions enacted
simultaneously with it, are interpreted to be procedural in nature, the
Legislature also intends to invoke its powers to modify procedural
rules under
the Utah Constitution.
77-38-14.
Notice
of expungement petition -- Victim's right to object.
(1) The Department of Corrections or the
Juvenile
Probation Department shall prepare a document explaining the right of a
victim
or a victim's representative to object to a petition for expungement
under
Section 77-18-11 or 78-3a-905 and the procedures for obtaining
notice of
any such petition. The department or division shall also provide each
trial
court a copy of the document which has jurisdiction over delinquencies
or
criminal offenses subject to expungement.
(2) The prosecuting attorney in any case
leading to a
conviction or an adjudication subject to expungement shall provide a
copy of
the document to each person who would be entitled to notice of a
petition for
expungement under Sections 77-18-11 and 78-3a-905.
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Utah Crime Victims' Bill of Rights
| 77-37-1. | Legislative intent. |
| 77-37-2. | Definitions. |
| 77-37-3. | Bill of Rights. |
| 77-37-4. | Additional rights -- Children. |
| 77-37-5. | Remedies -- Victims' Rights Committee |
77-37-1.
Legislative
intent.
(1) The Legislature recognizes the duty of
victims and
witnesses of crime to fully and voluntarily cooperate with law
enforcement and
prosecutorial agencies, the essential nature of citizen cooperation to
state
and local law enforcement efforts, and the general effectiveness and
well-being
of the criminal justice system of this state. In this chapter, the
Legislature
declares its intent to ensure that all victims and witnesses of crime
are
treated with dignity, respect, courtesy, and sensitivity, and that the
rights
extended in this chapter to victims and witnesses of crime are honored
and
protected by law in a manner no less vigorous than protections afforded
criminal defendants.
(2) The Legislature finds it is necessary to
provide
child victims and child witnesses with additional consideration and
different
treatment than that usually afforded to adults. The treatment should
ensure
that children's participation in the criminal justice process be
conducted in the
most effective and least traumatic, intrusive, or intimidating manner.
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| 63-25a-401. | Title. |
| 63-25a-402. | Definitions. |
| 63-25a-403. | Restitution -- Reparations not to supplant restitution -- Assignment of claim for restitution judgment to Reparations Office. |
| 63-25a-404. | Crime Victims' Reparations Board -- Members. |
| 63-25a-405. | Board and office within Commission on Criminal and Juvenile Justice. |
| 63-25a-406. | Functions of board. |
| 63-25a-407. | Director -- Appointment and functions. |
| 63-25a-408. | Reparations officers. |
| 63-25a-409. | Grounds for eligibility. |
| 63-25a-410. | Ineligible persons -- Fraudulent claims -- Penalties. |
| 63-25a-411. | Compensable losses and amounts. |
| 63-25a-412. | Reparations reduction. |
| 63-25a-413. | Collateral sources. |
| 63-25a-414. | Notification of claimant -- Suspension of proceedings. |
| 63-25a-415. | Rules for contested claims -- Exemption from Administrative Procedures Act. |
| 63-25a-416. | Waiver of privilege. |
| 63-25a-417. | Additional testing. |
| 63-25a-418. | Failure to comply. |
| 63-25a-419. | Assignment of recovery -- Reimbursement. |
| 63-25a-420. | Special verdict -- Allocation of damages. |
| 63-25a-421. | Award -- Payment methods -- Claims against the award. |
| 63-25a-422. | Emergency award. |
| 63-25a-423. | Review of award decision. |
| 63-25a-424. | Attorney fees. |
| 63-25a-428. | Purpose -- Not entitlement program. |
63-25a-401. Title.
This part is known as the "Crime Victims'
Reparations Act" and may be abbreviated as the "CVRA."
63-25a-403. Restitution -- Reparations not to
supplant
restitution -- Assignment of claim for restitution judgment to
Reparations
Office.
(1) A reparations award shall not supplant
restitution
as established under Title 77, Chapter 38a, Crime Victims Restitution
Act, or
as established by any other provisions.
(2) The court shall not consider a reparations
award
when determining the order of restitution nor when enforcing
restitution.
(3) If, due to reparation payments to a
victim, the
Reparations Office is assigned under Section 63-25a-419 a claim
for the
victim's judgment for restitution or a portion of the restitution, the
Reparations Office may file with the sentencing court a notice of the
assignment. The notice of assignment shall be signed by the victim and
a
Reparations Officer and shall state the amount of the claim assigned.
(4) Upon conviction and sentencing of the
defendant,
the court shall enter a civil judgment for complete restitution as
provided in
Section 77-38a-401 and identify the Reparations Office as the
assignee
of the assigned portion of the judgment.
(5) If the notice of assignment is filed after
sentencing, the court shall modify the civil judgment for restitution
to
identify the Reparations Office as the assignee of the assigned portion
of the
judgment.
63-25a-404. Crime Victims' Reparations Board --
Members.
(1) (a) A Crime Victims' Reparations Board is
created,
consisting of seven members appointed by the governor with the consent
of the
Senate.
(b) The
membership of the board shall consist
of:
(i) a member of the bar of this state;
(ii) a victim of criminally injurious conduct;
(iii) a licensed physician;
(iv) a representative of law enforcement;
(v) a mental health care provider; and
(vi) two other private citizens.
(c) The governor may appoint a chair of the
board who
shall serve for a period of time prescribed by the governor, not to
exceed the
length of the chair's term. The board may elect a vice chair to serve
in the
absence of the chair.
(d) The
board may hear appeals from
administrative
decisions as provided in rules adopted pursuant to Section 63-25a-415.
(2) (a) Except as required by Subsection
(2)(b), as
terms of current board members expire, the governor shall appoint each
new
member or reappointed member to a four-year term.
(b) Notwithstanding the requirements of
Subsection
(2)(a), the governor shall, at the time of appointment or
reappointment, adjust
the length of terms to ensure that the terms of board members are
staggered so
that approximately half of the board is appointed every two years.
(c) A
member may be reappointed to one
successive
term.
(3) (a) When a vacancy occurs in the
membership for
any reason, the replacement shall be appointed for the unexpired term.
(b) A member resigning from
the board shall
serve
until his successor is appointed and qualified.
(4) (a) (i) Members who are not government
employees
shall receive no compensation or benefits for their services, but may
receive
per diem and expenses incurred in the performance of the member's
official
duties at the rates established by the Division of Finance under
Sections 63A-3-106
and 63A-3-107.
(ii)
Members may decline to receive per diem
and
expenses for their service.
(b) (i) State government officer and employee
members
who do not receive salary, per diem, or expenses from their agency for
their
service may receive per diem and expenses incurred in the performance
of their
official duties from the board at the rates established by the Division
of
Finance under Sections 63A-3-106 and 63A-3-107.
(ii)
State government officer and employee
members may
decline to receive per diem and expenses for their service.
(5) The board shall meet at least once
quarterly but
may meet more frequently as necessary.
63-25a-405. Board and office within Commission on
Criminal
and Juvenile Justice.
(1) The Crime Victims' Reparations Board and
Reparations Office are placed within the Commission on Criminal and
Juvenile
Justice for the provision by the commission of administrative and
support
services to the Reparations Office.
(2) The board or the director may request
assistance
from the Commission on Criminal and Juvenile Justice, the Department of
Public
Safety, and other state agencies in conducting research or monitoring
victims'
programs.
(3) The fund shall appear as a separate line
item in
the Commission on Criminal and Juvenile Justice budget.
63-25a-406. Functions of board.
(1) The board shall:
(a) adopt a description of the organization
and
prescribe the general operation of the board;
(b)
prescribe policy for the Reparations
Office;
(c) adopt rules to implement and administer
Sections 63-25a-401
through 63-25a-428 pursuant to Title 63, Chapter 46a, Utah
Administrative Rulemaking Act, which may include setting of ceilings on
reparations, defining of terms not specifically stated in this chapter,
and
establishing of rules governing attorney fees;
(d)
prescribe forms for applications for
reparations;
(e) review all awards made
by the reparations
staff,
although the board may not reverse or modify awards authorized by the
reparations staff;
(f)
render an annual report to the governor
and the
Legislature regarding the staff's and the board's activities;
(g) cooperate with the
director and his staff
in
formulating standards for the uniform application of Section
63-25a-409,
taking into consideration the rates and amounts of reparation payable
for
injuries and death under other laws of this state and the United States;
(h)
advocate the adoption, repeal, or
modification of
laws or proposed legislation in the interest of victims of crime;
(i) allocate monies available in the Crime
Victim
Reparation Fund to victims of criminally injurious conduct for
reparations
claims; and
(j)
allocate monies available to other victim
services
as provided by administrative rule once a sufficient reserve has been
established for reparation claims.
(2) All rules, or other statements of policy,
along
with application forms specified by the board, are binding upon the
director,
the reparations officers, and other staff.
63-25a-407. Director -- Appointment and functions.
The executive director of the Commission on
Criminal
and Juvenile Justice, after consulting with the board, shall appoint a
director
to carry out the provisions of this chapter. The director shall be an
experienced administrator with a background in at least one of the
following
fields: social work, psychology, criminal justice, law, or a related
field. The
director shall demonstrate an understanding of the needs of crime
victims and
of services to victims. The director shall devote his time and capacity
to his
duties. The director shall:
(1) hire staff, including reparations
officers, as
necessary;
(2) act when necessary as a reparations
officer in
deciding initial claims;
(3) possess the same investigation and
decision-making
authority as the reparations officers;
(4) hear appeals from the decisions of the
reparations
officers, unless he acted as a reparations officer on the initial claim;
(5) serve as a liaison between the reparations
staff
and the Reparations Office;
(6) serve as the public relations
representative of
the Reparations Office;
(7) provide for payment of all administrative
salaries, fees, and expenses incurred by the staff of the board, to be
paid out
of appropriations from the fund;
(8) cooperate with the state treasurer and the
state
Division of Finance in causing the funds in the trust fund to be
invested and
its investments sold or exchanged and the proceeds and income collected;
(9) apply for, receive, allocate, disburse,
and
account for grants of funds made available by the United States, the
state,
foundations, corporations, and other businesses, agencies, or
individuals;
(10) obtain and utilize the services of other
governmental agencies upon request; and
(11) act in any other capacity or perform any
other
acts necessary for the Reparations Office or board to successfully
fulfill its
statutory objectives.
63-25a-408. Reparations officers.
The reparations officers shall in addition to
any
assignments made by the director of the Reparations Office:
(1) hear and determine all matters relating to
claims
for reparations and reinvestigate or reopen claims without regard to
statutes
of limitation or periods of prescription;
(2) obtain from prosecuting attorneys, law
enforcement
officers, and other criminal justice agencies, investigations and data
to
enable the reparations officer to determine whether and to what extent
a
claimant qualifies for reparations;
(3) hold hearings, administer oaths or
affirmations,
examine any person under oath or affirmation, issue subpoenas requiring
the
attendance and giving of testimony of witnesses, require the production
of any
books, papers, documents, or other evidence which may contribute to the
reparations officer's ability to determine particular reparation awards;
(4) determine who is a victim or dependent;
(5) award reparations or other benefits
determined to
be due under this chapter and the rules of the board;
(6) take notice of judicially recognized facts
and
general, technical, and scientific facts within their specialized
knowledge;
(7) advise and assist the board in developing
policies
recognizing the rights, needs, and interests of crime victims;
(8) render periodic reports as requested by
the board
concerning:
(a) the officers' activities; and
(b) the manner in which the rights,
needs, and
interests of crime victims are being addressed by the state's criminal
justice
system;
(9) establish priorities for assisting elderly
victims
of crime or those victims facing extraordinary hardships;
(10) cooperate with the Commission on Criminal
and
Juvenile Justice to develop information regarding crime victims'
problems and
programs; and
(11) assist the director in publicizing the
provisions
of the Crime Victims' Reparations Act, including the procedures for
obtaining
reparation, and in encouraging law enforcement agencies, health
providers, and
other related officials to take reasonable care to ensure that victims
are
informed about the provisions of this chapter and the procedure for
applying
for reparation.
63-25a-409. Grounds for eligibility.
In order to be eligible for a reparations
award under
this chapter:
(1) The claimant shall be:
(a) a victim of criminally injurious conduct;
(b) a
dependent of a deceased victim of
criminally
injurious conduct; or
(c) a representative acting on behalf of one
of the
above.
(2) The victim shall be either a resident of
(3) The application shall be made in writing
in a form
that conforms substantially to that prescribed by the board.
(4) The criminally injurious conduct shall be
reported
to a law enforcement officer, in his capacity as a law enforcement
officer, or
other federal or state investigative agencies.
(5) (a) The claimant or victim shall cooperate
with
the appropriate law enforcement agencies in their efforts to apprehend
or
convict the perpetrator of the alleged offense.
(b) An
award to a victim may be made whether
any
person is arrested, prosecuted, or convicted of the criminally
injurious
conduct giving rise to the claim.
(6) The criminally injurious conduct shall
have
occurred after
63-25a-410. Ineligible persons -- Fraudulent claims
--
Penalties.
(1) The following individuals shall not be
eligible to
receive an award of reparations:
(a) persons who do not meet all of the
provisions set
forth in Section 63-25a-409;
(b) the
offender;
(c) an accomplice of the offender;
(d) any
person whose receipt of an award would
unjustly benefit the offender, accomplice, or other person reasonably
suspected
of participating in the offense;
(e) the victim of a motor vehicle injury who
was the
owner or operator of the motor vehicle and was not at the time of the
injury in
compliance with the state motor vehicle insurance laws;
(f) any
convicted offender serving a sentence
of
imprisonment for that conviction or residing in any other institution
which
provides for the maintenance of convicted persons; and
(g) residents of halfway houses or any other
correctional facilities and all persons who are on probation or parole
if the
circumstances surrounding the offense of which they are victims
constitute a
violation of their parole or probation.
(2) A person who knowingly submits a
fraudulent claim
for reparations or who knowingly misrepresents material facts in making
a
claim, and who receives an award based on that claim, is guilty of an
offense,
based on the following award amounts:
(a) for
value under $300, a class B
misdemeanor;
(b) for value equal to or greater than $300,
but less
than $1,000, a class A misdemeanor;
(c) for
value equal to or greater than $1,000,
but
less than $5,000, a third degree felony; and
(d) for value equal to or greater than $5,000,
a
second degree felony.
(3) A person who submits a claim described in
Subsection (2) but receives no award based on that claim is guilty of a
class B
misdemeanor.
(4) The state attorney general may prosecute
violations under this section or may make arrangements with county
attorneys
for the prosecution of violations under this section when the attorney
general
cannot conveniently prosecute.
(5) The state may also bring a civil action
against a
claimant who receives reparation payments that are later found to be
unjustified and who does not return to the board the unjustified
amount.
63-25a-412. Reparations reduction.
(1) Reparations otherwise payable to a
claimant may be
reduced or denied as follows:
(a) the economic loss upon which the claim is
based
has been or could be recouped from other persons, including collateral
sources,
and the victim was not entitled to nor receiving monies prior to the
criminally
injurious conduct giving rise to the claim under this chapter;
(b) the
reparations officer considers the
claim
unreasonable because of the misconduct of the claimant or of a victim
through
whom he claims; or
(c) the victim had not used a facility or
health care
provider that would be covered by a collateral source.
(2) When two or more dependents are entitled
to an
award as a result of a victim's death, the award shall be apportioned
by the
reparations officer among the dependents.
63-25a-413. Collateral sources.
(1) Collateral source shall include any source
of
benefits or advantages for economic loss otherwise reparable under this
chapter
which the victim or claimant has received, or which is readily
available to the
victim from:
(a) the
offender;
(b) the insurance of the offender;
(c) the
United States government or any of its
agencies, a state or any of its political subdivisions, or an
instrumentality
of two or more states, except in the case on nonobligatory state-funded
programs;
(d) social security, Medicare, and Medicaid;
(e) state-required temporary nonoccupational
income
replacement insurance or disability income insurance;
(f) workers' compensation;
(g) wage continuation programs of any employer;
(h)
proceeds of a contract of insurance
payable to the
victim for the loss he sustained because of the criminally injurious
conduct;
(i) a contract providing prepaid hospital and
other
health care services or benefits for disability; or
(j)
veteran's benefits, including veteran's
hospitalization benefits.
(2) (a) An order of restitution shall not be
considered readily available as a collateral source.
(b) Receipt of an award of reparations under
this
chapter shall be considered an assignment of the victim's rights to
restitution
from the offender.
(3) The victim shall not discharge a claim
against a
person or entity without the state's written permission and shall fully
cooperate with the state in pursuing its right of reimbursement,
including
providing the state with any evidence in his possession.
(4) The state's right of reimbursement applies
regardless of whether the victim has been fully compensated for his
losses.
(5) Notwithstanding the collateral source
provisions
in Subsection (1) and Subsection 63-25a-412(1)(a), a victim of
a sexual
offense who requests testing of himself may be reimbursed for the costs
of the
HIV test only as provided in Subsection 76-5-503(4).
63-25a-414. Notification of claimant -- Suspension
of
proceedings.
(1) The Reparations Office shall immediately
notify
the claimant in writing of any decision and shall forward to the
Division of
Finance a certified copy of the decision and a warrant request for the
amount
of the claim. The Division of Finance shall pay the claimant the amount
submitted to the division, out of the fund. If monies in the fund are
temporarily depleted, claimants entitled to receive awards shall be
placed on a
waiting list and shall receive their awards as funds are available in
the order
in which their claims were awarded.
(2) The reparations officer may suspend the
proceedings pending disposition of a criminal prosecution that has been
commenced or is imminent.
63-25a-415. Rules for contested claims -- Exemption
from
Administrative Procedures Act.
(1) Rules for procedures for contested
determinations
by a reparations officer shall be adopted pursuant to Title 63, Chapter
46a,
Utah Administrative Rulemaking Act.
(2) Crime Victims' Reparations is exempt from
Title
63, Chapter 46b, Administrative Procedures Act.
63-25a-416. Waiver of privilege.
(1) A victim filing a claim under the
provisions of
this chapter shall be considered to have waived any privilege as to
communications or records relevant to an issue of the physical, mental,
or
emotional conditions of the victim except for the attorney-client
privilege. The
waiver shall apply only to reparations officers, the director of
reparations,
the board, and legal counsel.
(2) The claimant may be required to supply any
additional medical or psychological reports available relating to the
injury or
death for which compensation is claimed.
(3) The reparations officer hearing a claim or
an
appeal from a claim shall make available to the claimant a copy of the
report.
If the victim is deceased, the director or his appointee, on request,
shall
furnish the claimant a copy of the report unless dissemination of that
copy is
prohibited by law.
63-25a-417. Additional testing.
(1) If the mental, physical, or emotional
condition of
a victim is material to a claim, the reparations officer, director, or
chair of
the board who hears the claim or the appeal may order the claimant to
submit to
a mental or physical examination by a physician or psychologist and may
recommend to the court to order an autopsy of a deceased victim.
(2) Any order for additional examination shall
be for
good cause shown and shall provide notice to the person to be examined
and his
representative.
(3) All reports from additional examinations
shall set
out findings, including results of all tests made, diagnoses,
prognoses, other
conclusions, and reports of earlier examinations of the same conditions.
(4) A copy of the report shall be made
available to
the victim or the representative of the victim unless dissemination of
that
copy is prohibited by law.
63-25a-418. Failure to comply.
If a person refuses to comply with an order
under this
chapter or asserts a privilege, except privileges arising from the
attorney-client relationship, to withhold or suppress evidence relevant
to a
claim, the director or reparations officer may make any appropriate
63-25a-419. Assignment of recovery -- Reimbursement.
(1) By accepting an award of reparations, the
victim
automatically assigns to the state, subject to the provisions of
Subsection
(2), all claims against any third party to the lesser of:
(a) the
amount paid by the state; or
(b) the amount recovered from the third party.
(2) The board, with the concurrence of the
director,
may reduce the state's right of reimbursement if it is determined that
the
reduction will benefit the fund.
(3) The state reserves the right to make a
claim for
reimbursement on behalf of the victim and the victim shall not impair
the
state's claim or the state's right of reimbursement.
63-25a-420. Special verdict -- Allocation of
damages.
In an action in a court of this state arising
out of
criminally injurious conduct, the judge, on timely motion, shall direct
the
jury to return a special verdict, indicating separately the awards to
noneconomic detriment, punitive damages, and economic loss.
63-25a-421. Award -- Payment methods -- Claims
against the
award.
(1) The reparations officer may provide for
the payment
of an award in a lump sum or in installments. The part of an award
equal to the
amount of economic loss accrued to the date of the award shall be paid
in a
lump sum. An award of allowable expense that would accrue after an
initial
award is made may not be paid in a lump sum. Except as provided in
Subsection
(2), the part of an award that may not be paid in a lump sum shall be
paid in
installments.
(2) At the request of the claimant, the
reparations
officer may convert future economic loss installment payments, other
than
allowable expense, to a lump sum payment, discounted to present value,
but only
upon a finding by the officer that the award in a lump sum will promote
the
interests of the claimant.
(3) An award for future economic loss payable
in
installments may be made only for a period for which the reparations
officer
can reasonably determine future economic loss. The reparations officer
may
reconsider and modify an award for future economic loss payable in
installments, upon his finding that a material and substantial change
of
circumstances has occurred.
(4) An award is not subject to execution,
attachment,
or garnishment, except that an award for allowable expense is not
exempt from a
claim of a creditor to the extent that he provided products, services,
or
accommodations, the costs of which are included in the award.
(5) An assignment or agreement to assign a
right to
reparations for loss accruing in the future is unenforceable, except:
(a) an
assignment of a right to reparations
for work
loss to secure payment of alimony, maintenance, or child support;
(b) an assignment of a right to reparations
for
allowable expense to the extent that the benefits are for the cost of
products,
services, or accommodations necessitated by the injury or death on
which the
claim is based and are provided or to be provided by the assignee; or
(c) an
assignment to repay a loan obtained to
pay for
the obligations or expenses described in Subsection (5) (a) or (b).
63-25a-422. Emergency award.
If the reparations officer determines that the
claimant will suffer financial hardship unless an emergency award is
made, and
it appears likely that a final award will be made, an amount may be
paid to the
claimant, to be deducted from the final award or repaid by and
recoverable from
the claimant to the extent that it exceeds the final award. The board
may limit
emergency awards to any amount it considers necessary.
63-25a-423. Review of award decision.
The reparations officer shall review at least
annually
every award being paid in installments. An order on review of an award
does not
require refund of amounts previously paid unless the award was obtained
by
fraud or a material mistake of fact.
63-25a-424. Attorney fees.
(1) The claims procedures shall be
sufficiently simple
that the assistance of an attorney is unnecessary, and no attorney fees
shall
be paid for the assistance of an attorney or any other representative
in filing
the claim or providing information to the reparations officer.
(2) Attorney fees may be granted in the
following
circumstances and shall be paid out of the reparations award not to
exceed 15%
of the amount of the reparations award:
(a) when an award has been denied and, after a
hearing, the decision to deny is overturned; or
(b) when
minor dependents of a deceased victim
require
assistance in establishing a trust or determining a guardian.
(3) An attorney or any other person providing
assistance in a reparations claim, who contracts for or receives sums
not
allowed under this chapter, is guilty of a class B misdemeanor. This
provision
shall not extend to attorneys who assist the victim in filing a civil
action
against the perpetrator.
63-25a-428. Purpose -- Not entitlement program.
(1) Crime Victims' Reparations is a program
with the
purpose to assist victims of criminally injurious conduct. Reparation
to a
victim is limited to the monies available in the fund.
(2) This program is not an entitlement
program. Awards
may be limited or denied as determined appropriate by the board.
Failure to
grant an award does not create a cause of action against Crime Victims'
Reparations, the state, or any of its subdivisions. There is no right
to
judicial review over the decision whether or not to grant an award.
(3) A cause of action based on a failure to
give or
receive the notice required by this chapter does not accrue to any
person
against the state, any of its agencies or local subdivisions, any of
their law
enforcement officers or other agents or employees, or any health care
or
medical provider or its agents or employees. The failure does not
affect or
alter any requirement for filing or payment of a claim.
Back
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Utah Laws table of contents
| 77-38a-101. | Title. |
| 77-38a-102. | Definitions. |
| 77-38a-201. | Restitution determination -- Law enforcement duties and responsibilities. |
| 77-38a-202. | Restitution determination -- Prosecution duties and responsibilities. |
| 77-38a-203. | Restitution determination -- Department of Corrections -- Presentence investigation. |
| 77-38a-301. | Restitution -- Convicted defendant may be required to pay. |
| 77-38a-302. | Restitution criteria. |
| 77-38a-401. | Entry of judgment -- Interest -- Civil actions -- Lien. |
| 77-38a-402. | Nondischargeability in bankruptcy. |
| 77-38a-403. | Civil action by victim for damages. |