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. |
(1) Within seven days of the filing of felony criminal charges against a defendant, the prosecuting agency shall provide an initial notice to reasonably identifiable and locatable victims of the crime contained in the charges, except as otherwise provided in this chapter.
(2) The initial notice to the victim of a crime shall provide information about electing to receive notice of subsequent important criminal justice hearings listed in Subsections 77-38-2(5)(a) through (f) and rights under this chapter.
(3) The prosecuting agency shall provide notice to a victim of a crime for the important criminal justice hearings, provided in Subsections 77-38-2(5)(a) through (f) which the victim has requested.
(4)
(a) The responsible prosecuting agency may provide initial and subsequent notices in any reasonable manner, including telephonically, electronically, orally, or by means of a letter or form prepared for this purpose.
(b) In the event of an unforeseen important criminal justice hearing, listed in Subsections 77-38-2(5)(a) through (f) for which a victim has requested notice, a good faith attempt to contact the victim by telephone shall be considered sufficient notice, provided that the prosecuting agency subsequently notifies the victim of the result of the proceeding.
(5)
(a) The court shall take reasonable measures to ensure that its scheduling practices for the proceedings provided in Subsections 77-38-2(5)(a) through (f) permit an opportunity for victims of crimes to be notified.
(b) The court shall also consider whether any notification system it might use to provide notice of judicial proceedings to defendants could be used to provide notice of those same proceedings to victims of crimes.
(6) A defendant or, if it is the moving party, Adult Probation and Parole, shall give notice to the responsible prosecuting agency of any motion for modification of any determination made at any of the important criminal justice hearings provided in Subsections 77-38-2(5)(a) through (f) in advance of any requested court hearing or action so that the prosecuting agency may comply with its notification obligation.
(7)
(a) Notice to a victim of a crime shall be provided by the Board of Pardons and Parole for the important criminal justice hearing provided in Subsection 77-38-2(5)(g).
(b) The board may provide notice in any reasonable manner, including telephonically, electronically, orally, or by means of a letter or form prepared for this purpose.
(8) Prosecuting agencies and the Board of Pardons and Parole are required to give notice to a victim of a crime for the proceedings provided in Subsections 77-38-2(5)(a) through (f) only where the victim has responded to the initial notice, requested notice of subsequent proceedings, and provided a current address and telephone number if applicable.
(9)
(a) Law enforcement and criminal justice agencies shall refer any requests for notice or information about crime victim rights from victims to the responsible prosecuting agency.
(b) In a case in which the Board of Pardons and Parole is involved, the responsible prosecuting agency shall forward any request for notice it has received from a victim to the Board of Pardons and Parole.
(10) In all cases where the number of victims exceeds 10, the responsible prosecuting agency may send any notices required under this chapter in its discretion to a representative sample of the victims.
(11)
(a) A victim's address, telephone number, and victim impact statement maintained by a peace officer, prosecuting agency, Youth Parole Authority, Division of Juvenile Justice Services, Department of Corrections, and Board of Pardons and Parole, for purposes of providing notice under this section, is classified as protected as provided in Subsection 63G-2-305(10).
(b) The victim's address, telephone number, and victim impact statement is available only to the following persons or entities in the performance of their duties:
(i) a law enforcement agency, including the prosecuting agency;
(ii) a victims' right committee as provided in Section 77-37-5;
(iii) a governmentally sponsored victim or witness program;
(iv) the Department of Corrections;
(v) the Utah Office for Victims of Crime;
(vi) the Commission on Criminal and Juvenile Justice; and
(vii) the Board of Pardons and Parole.
(12) The notice provisions as provided in this section do not apply to misdemeanors as provided in Section 77-38-5 and to important juvenile justice hearings as provided in Section 77-38-2.
(1) The victim of a crime, the representative of the victim, or both shall have the right:
(a) to be present at the important criminal or juvenile justice hearings provided in Subsection 77-38-2(5);
(b) to be heard at the important criminal or juvenile justice hearings provided in Subsections 77-38-2(5)(b), (c), (d), (f), and (g);
(c) to submit a written statement in any action on appeal related to that crime; and
(d) upon request to the judge hearing the matter, to be present and heard at the initial appearance of the person suspected of committing the conduct or criminal offense against the victim on issues relating to whether to release a defendant or minor and, if so, under what conditions release may occur.
(2) This chapter shall not confer any right to the victim of a crime to be heard:
(a) at any criminal trial, including the sentencing phase of a capital trial under Section 76-3-207 or at any preliminary hearing, unless called as a witness; and
(b) at any delinquency trial or at any preliminary hearing in a minor's case, unless called as a witness.
(3) The right of a victim or representative of a victim to be present at trial is subject to Rule 615 of the Utah Rules of Evidence.
(4) Nothing in this chapter shall deprive the court of the right to prevent or punish disruptive conduct nor give the victim of a crime the right to engage in disruptive conduct.
(5) The court shall have the right to limit any victim's statement to matters that are relevant to the proceeding.
(6) In all cases where the number of victims exceeds five, the court may limit the in-court oral statements it receives from victims in its discretion to a few representative statements.
(7) Except as otherwise provided in this section, a victim's right to be heard may be exercised at the victim's discretion in any appropriate fashion, including an oral, written, audiotaped, or videotaped statement or direct or indirect information that has been provided to be included in any presentence report.
(8) If the victim of a crime is a person who is in custody as a pretrial detainee, as a prisoner following conviction for an offense, or as a juvenile who has committed an act that would be an offense if committed by an adult, or who is in custody for mental or psychological treatment, the right to be heard under this chapter shall be exercised by submitting a written statement to the court.
(9) The court may exclude any oral statement from a victim on the grounds of the victim's incompetency as provided in Rule 601(a) of Utah Rules of Evidence.
(10) Except in juvenile court cases, the Constitution may not be construed as limiting the existing rights of the prosecution to introduce evidence in support of a capital sentence
The provisions of this chapter shall apply to:
(1) any felony filed in the courts of the state;
(2) to any class A and class B misdemeanor filed in the courts of the state; and
(3) to cases in the juvenile court as provided in Section 78A-6-114.
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.
(1) If a person acting under color of state law willfully or wantonly fails to perform duties so that the rights in this chapter are not provided, an action for injunctive relief, including prospective injunctive relief, may be brought against the individual and the governmental entity that employs the individual.
(2)
(a) The victim of a crime or representative of a victim of a crime, including any Victims' Rights Committee as defined in Section 77-37-5 may:
(i) bring an action for declaratory relief or for a writ of mandamus defining or enforcing the rights of victims and the obligations of government entities under this chapter;
(ii) petition to file an amicus brief in any court in any case affecting crime victims; and
(iii) after giving notice to the prosecution and the defense, seek an appropriate remedy for a violation of a victim's right from the judge assigned to the case involving the issue as provided in Section 77-38-11.
(b) Adverse rulings on these actions or on a motion or request brought by a victim of a crime or a representative of a victim of a crime may be appealed under the rules governing appellate actions, provided that an appeal may not constitute grounds for delaying any criminal or juvenile proceeding.
(c) An appellate court shall review all properly presented issues, including issues that are capable of repetition but would otherwise evade review.
(3)
(a) Upon a showing that the victim has not unduly delayed in seeking to protect the victim's right, and after hearing from the prosecution and the defense, the judge shall determine whether a right of the victim has been violated.
(b) If the judge determines that a victim's right has been violated, the judge shall proceed to determine the appropriate remedy for the violation of the victim's right by hearing from the victim and the parties, considering all factors relevant to the issue, and then awarding an appropriate remedy to the victim. The court shall reconsider any judicial decision or judgment affected by a violation of the victim's right and determine whether, upon affording the victim the right and further hearing from the prosecution and the defense, the decision or judgment would have been different. If the court's decision or judgment would have been different, the court shall enter the new different decision or judgment as the appropriate remedy. If necessary to protect the victim's right, the new decision or judgment shall be entered nunc pro tunc to the time the first decision or judgment was reached. In no event shall the appropriate remedy be a new trial, damages, attorney fees, or costs.
(c) The appropriate remedy shall include only actions necessary to provide the victim the right to which the victim was entitled and may include reopening previously held proceedings. Subject to Subsection (3)(d), the court may reopen a sentence or a previously entered guilty or no contest plea only if doing so would not preclude continued prosecution or sentencing the defendant and would not otherwise permit the defendant to escape justice. Any remedy shall be tailored to provide the victim an appropriate remedy without violating any constitutional right of the defendant.
(d) If the court sets aside a previously entered plea of guilty or no contest, and thereafter continued prosecution of the charge is held to be prevented by the defendant's having been previously put in jeopardy, the order setting aside the plea is void and the plea is reinstated as of the date of its original entry.
(e) The court may not award as a remedy the dismissal of any criminal charge.
(f) The court may not award any remedy if the proceeding that the victim is challenging occurred more than 90 days before the victim filed an action alleging the violation of the right.
(4) The failure to provide the rights in this chapter or Title 77, Chapter 37, Victims' Rights, shall not constitute cause for a judgment against the state or any government entity, or any individual employed by the state or any government entity, for monetary damages, attorney fees, or the costs of exercising any rights under this chapter.
(1) All of the provisions contained in this chapter shall be construed to assist the victims of crime.
(2) This chapter may not be construed as creating a basis for dismissing any criminal charge or delinquency petition, vacating any adjudication or conviction, admission or plea of guilty or no contest, or for a defendant to obtain appellate, habeas corpus, or other relief from a judgment in any criminal or delinquency case.
(3) This chapter may not be construed as creating any right of a victim to appointed counsel at state expense.
(4) All of the rights contained in this chapter shall be construed to conform to the Constitution of the United States.
(5)
(a) In the event that any portion of this chapter is found to violate the Constitution of the United States, the remaining provisions of this chapter shall continue to operate in full force and effect.
(b) In the event that a particular application of any portion of this chapter is found to violate the Constitution of the United States, all other applications shall continue to operate in full force and effect.
(6) The enumeration of certain rights for crime victims in this chapter shall not be construed to deny or disparage other rights granted by the Utah Constitution or the Legislature or retained by victims of crimes.
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 77-40-107 or 78A-6-1105 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 77-40-107 and 78A-6-1105.
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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.
(1) The bill of rights for victims and witnesses is:
(a) Victims and witnesses have a right to be informed as to the level of protection from intimidation and harm available to them, and from what sources, as they participate in criminal justice proceedings as designated by Section 76-8-508, regarding witness tampering, and Section 76-8-509, regarding threats against a victim. Law enforcement, prosecution, and corrections personnel have the duty to timely provide this information in a form which is useful to the victim.
(b) Victims and witnesses, including children and their guardians, have a right to be informed and assisted as to their role in the criminal justice process. All criminal justice agencies have the duty to provide this information and assistance.
(c) Victims and witnesses have a right to clear explanations regarding relevant legal proceedings; these explanations shall be appropriate to the age of child victims and witnesses. All criminal justice agencies have the duty to provide these explanations.
(d) Victims and witnesses should have a secure waiting area that does not require them to be in close proximity to defendants or the family and friends of defendants. Agencies controlling facilities shall, whenever possible, provide this area.
(e) Victims may seek restitution or reparations, including medical costs, as provided in Title 63M, Chapter 7, Criminal Justice and Substance Abuse, and Sections 62A-7-109.5, 77-38a-302, and 77-27-6. State and local government agencies that serve victims have the duty to have a functional knowledge of the procedures established by the Crime Victim Reparations Board and to inform victims of these procedures.
(f) Victims and witnesses have a right to have any personal property returned as provided in Sections 77-24-1 through 77-24-5. Criminal justice agencies shall expeditiously return the property when it is no longer needed for court law enforcement or prosecution purposes.
(g) Victims and witnesses have the right to reasonable employer intercession services, including pursuing employer cooperation in minimizing employees' loss of pay and other benefits resulting from their participation in the criminal justice process. Officers of the court shall provide these services and shall consider victims' and witnesses' schedules so that activities which conflict can be avoided. Where conflicts cannot be avoided, the victim may request that the responsible agency intercede with employers or other parties.
(h) Victims and witnesses, particularly children, should have a speedy disposition of the entire criminal justice process. All involved public agencies shall establish policies and procedures to encourage speedy disposition of criminal cases.
(i) Victims and witnesses have the right to timely notice of judicial proceedings they are to attend and timely notice of cancellation of any proceedings. Criminal justice agencies have the duty to provide these notifications. Defense counsel and others have the duty to provide timely notice to prosecution of any continuances or other changes that may be required.
(j) Victims of sexual offenses have a right to be informed of their right to request voluntary testing for themselves for HIV infection as provided in Section 76-5-503 and to request mandatory testing of the alleged sexual offender for HIV infection as provided in Section 76-5-502. The law enforcement office where the sexual offense is reported shall have the responsibility to inform victims of this right.
(2) Informational rights of the victim under this chapter are based upon the victim providing the victim's current address and telephone number to the criminal justice agencies involved in the case.
In addition to all rights afforded to victims and witnesses under this chapter, child victims and witnesses shall be afforded these rights:
(1) Children have the right to protection from physical and emotional abuse during their involvement with the criminal justice process.
(2) Children are not responsible for inappropriate behavior adults commit against them and have the right not to be questioned, in any manner, nor to have allegations made, implying this responsibility. Those who interview children have the responsibility to consider the interests of the child in this regard.
(3) Child victims and witnesses have the right to have interviews relating to a criminal prosecution kept to a minimum. All agencies shall coordinate interviews and ensure that they are conducted by persons sensitive to the needs of children.
(4) Child victims have the right to be informed of available community resources that might assist them and how to gain access to those resources. Law enforcement and prosecutors have the duty to ensure that child victims are informed of community resources, including counseling prior to the court proceeding, and have those services available throughout the criminal justice process.
(5) Child victims have the right, once an investigation has been initiated by law enforcement or the Division of Child and Family Services, to have their investigative interviews that are conducted at a Children's Justice Center, including both video and audio recordings, protected. Except as provided in Subsection (5)(b) and (c), interviews may not be distributed, released, or displayed to anyone without a court order.
(a) The court order:
(i) shall describe with particularity to whom the interview may be released and prohibit further distribution or viewing by anyone not named in the order; and
(ii) may impose restrictions on access to the materials considered reasonable to protect the privacy of the child victim.
(b) Following the conclusion of any legal proceedings in which the recordings or transcripts are used, the court shall order the recordings and transcripts in the court's file sealed and preserved.
(c)
(i) The Division of Child and Family Services or law enforcement may distribute a copy of the interview:
(A) to the prosecutor's office;
(B) the Attorney General's child protection division;
(C) to another law enforcement agency; and
(D) to the attorney for the child who is the subject of the interview.
(ii) Any further distribution, release, or display is subject to this Subsection (5).
(d) In a criminal case, the prosecutor may distribute a copy of the interview to the attorney for the defendant or a pro se defendant pursuant to a valid request for discovery. The attorney for the defendant in a criminal case may permit the defendant to view the interview, but may not distribute or release the interview to their client. Any further distribution, release, or display is subject to this Subsection (5).
(e) Pro se defendants shall be advised by the court that an interview received as part of discovery is confidential and may not be distributed, released, or displayed without prior authorization from the court. A court's failure to give this notice may not be used as a defense to prosecution for a violation of the disclosure rule.
(f) Multidisciplinary teams or other state agencies that provide services to children and families may view interviews of children, and families for whom they are providing services, but may not receive copies.
(g) Violation of this section is:
(i) punishable by contempt if distribution, release, or display occurs before the resolution of the case and the court still has jurisdiction over the defendant; or
(ii) a class B misdemeanor if the case has been resolved and the court no longer has jurisdiction over the defendant.
(1) In each judicial district, the Utah Council on Victims of Crime, established in Section 63M-7-601, shall appoint a person who shall chair a judicial district victims' rights committee consisting of:
(a) a county attorney or district attorney;
(b) a sheriff;
(c) a corrections field services administrator;
(d) an appointed victim advocate;
(e) a municipal attorney;
(f) a municipal chief of police; and
(g) other representatives as appropriate.
(2) The committee shall meet at least semiannually to review progress and problems related to this chapter, Title 77, Chapter 38, Rights of Crime Victims Act, Title 77, Chapter 38a, Crime Victims Restitution Act, and Utah Constitution Article I, Section 28. Victims and other interested parties may submit matters of concern to the victims' rights committee. The committee may hold a hearing open to the public on any appropriate matter of concern and may publish its findings. These matters shall also be considered at the meetings of the victims' rights committee. The committee shall forward minutes of all meetings to the Utah Council on Victims of Crime for review and other appropriate action.
(3) If a victims' rights committee is unable to resolve a complaint, it may refer the complaint to the Utah Council on Victims of Crime.
(4) The Utah Office for Victims of Crime shall provide materials to local law enforcement to inform every victim of a sexual offense of the right to request testing of the convicted sexual offender and of the victim as provided in Section 76-5-502.
(5)
(a) If a person acting under color of state law willfully or wantonly fails to perform duties so that the rights in this chapter are not provided, an action for injunctive relief may be brought against the individual and the government entity that employs the individual.
(b) For all other violations, if the committee finds a violation of a victim's right, it shall refer the matter to the appropriate court for further proceedings consistent with Subsection 77-38-11(2).
(c) The failure to provide the rights in this chapter or Title 77, Chapter 38, Rights of Crime Victims Act, does not constitute cause for a judgment against the state or any government entity, or any individual employed by the state or any government entity, for monetary damages, attorney fees, or the costs of exercising any rights under this chapter.
(6) The person accused of and subject to prosecution for the crime or the act which would be a crime if committed by a competent adult, has no standing to make a claim concerning any violation of the provisions of this chapter.
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| 63M-7-501. |
Title. |
| 63M-7-502. |
Definitions. |
| 63M-7-503. | Restitution -- Reparations not to supplant restitution -- Assignment of claim for restitution judgment to Reparations Office. |
| 63M-7-504. |
Crime Victim Reparations and assistance Board -- Members. |
| 63M-7-505. |
Board and office within Commission on Criminal and Juvenile Justice. |
| 63M-7-506. |
Functions of board. |
| 63M-7-507. |
Director -- Appointment and functions. |
| 63M-7-508. |
Reparations officers. |
| 63M-7-509. |
Grounds for eligibility. |
| 63M-7-510. |
Ineligible persons -- Fraudulent claims -- Penalties. |
| 63M-7-511. |
Compensable losses and amounts. |
| 63M-7-511.5. |
Limitation of awards. |
| 63M-7-512. |
Reparations reduction. |
| 63M-7-513. |
Collateral sources |
| 63M-7-514. | Notification of claimant -- suspension of proceedings |
| 63M-7-516. |
Waiver of privilege. |
| 63M-7-517. |
Additional testing. |
| 63M-7-518. |
Failure to comply. |
| 63M-7-519. |
Assignment of recovery -- Reimbursement. |
| 63M-7-520. | Special verdict -- Allocation of damages. |
| 63M-7-521. |
Award -- Payment methods -- Claims against the award. |
| 63M-7-521.5. | Payments to medical provider |
| 63M-7-523. |
Review of award decision. |
| 63M-7-524. |
Attorney fees. |
| 63M-7-525. |
Purpose -- Not entitlement program. |
63M-7-501. Title.
This part is known as the "Utah Office for Victims of Crime" and may be abbreviated as the "UOVC."
63M-7-502. Definitions.
As used in this chapter:
(1) "Accomplice" means a person who has engaged in criminal conduct as defined in Section 76-2-202.
(2) "Assistance officer" means the victim services program coordinator, grant analysts, and other staff employed by the office to perform the duties and functions provided in 63M-7-508.5.
(3) "Board" means the Crime Victim Reparations and Assistance Board created under Section 63M-7-504.
(4) "Bodily injury" means physical pain, illness, or any impairment of physical condition.
(5) "Claim" means:
(a) the victim's application or request for a reparations award; and
(b) the formal action taken by a victim to apply for reparations pursuant to this chapter.
(6) "Claimant" means any of the following claiming reparations under this chapter:
(a) a victim;
(b) a dependent of a deceased victim;
(c) a representative other than a collateral source; or
(d) the person or representative who files a claim on behalf of a victim.
(7) "Child" means an unemancipated person who is under 18 years of age.
(8) "Collateral source" means the definition as provided in Section 63M-7-513.
(9) "Contested case" means a case which the claimant contests, claiming the award was either inadequate or denied, or which a county attorney, a district attorney, a law enforcement officer, or other individual related to the criminal investigation proffers reasonable evidence of the claimant's lack of cooperation in the prosecution of a case after an award has already been given.
(10)
(a) "Criminally injurious conduct" other than acts of war declared or not declared means conduct that:
(i) is or would be subject to prosecution in this state under Section 76-1-201;
(ii) occurs or is attempted;
(iii) causes, or poses a substantial threat of causing, bodily injury or death;
(iv) is punishable by fine, imprisonment, or death if the person engaging in the conduct possessed the capacity to commit the conduct; and
(v) does not arise out of the ownership, maintenance, or use of a motor vehicle, aircraft, or water craft, unless the conduct is intended to cause bodily injury or death, or is conduct which is or would be punishable under Title 76, Chapter 5, Offenses Against the Person, or as any offense chargeable as driving under the influence of alcohol or drugs.
(b) "Criminally injurious conduct" includes an act of terrorism, as defined in 18 U.S.C. Sec. 2331 committed outside of the United States against a resident of this state. "Terrorism" does not include an "act of war" as defined in 18 U.S.C. Sec. 2331.
(11) "Dependent" means a natural person to whom the victim is wholly or partially legally responsible for care or support and includes a child of the victim born after the victim's death.
(12) "Dependent's economic loss" means loss after the victim's death of contributions of things of economic value to the victim's dependent, not including services the dependent would have received from the victim if the victim had not suffered the fatal injury, less expenses of the
dependent avoided by reason of victim's death.
(13) "Dependent's replacement services loss" means loss reasonably and necessarily incurred by the dependent after the victim's death in obtaining services in lieu of those the decedent would have performed for the victim's benefit if the victim had not suffered the fatal injury, less expenses of the dependent avoided by reason of the victim's death and not subtracted in calculating the dependent's economic loss.
(14) "Director" means the director of the Utah Office for Victims of Crime.
(15) "Disposition" means the sentencing or determination of penalty or punishment to be imposed upon a person:
(a) convicted of a crime;
(b) found delinquent; or
(c) against whom a finding of sufficient facts for conviction or finding of delinquency is made.
(16) "Economic loss" means economic detriment consisting only of allowable expense, work loss, replacement services loss, and if injury causes death, dependent's economic loss and dependent's replacement service loss. Noneconomic detriment is not loss, but economic detriment is loss although caused by pain and suffering or physical impairment.
(17) "Elderly victim" means a person 60 years of age or older who is a victim.
(18) "Fraudulent claim" means a filed claim based on material misrepresentation of fact and intended to deceive the reparations staff for the purpose of obtaining reparation funds for which the claimant is not eligible as provided in Section 63M-7-510.
(19) "Fund" means the Crime Victim Reparations Fund created in Section 51-9-404.
(20) "Law enforcement officer" means a law enforcement officer as defined in Section 53-13-103.
(21) "Medical examination" means a physical examination necessary to document criminally injurious conduct but does not include mental health evaluations for the prosecution and investigation of a crime.
(22) "Mental health counseling" means outpatient and inpatient counseling necessitated as a result of criminally injurious conduct. The definition of mental health counseling is subject to rules promulgated by the board pursuant to Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
(23) "Misconduct" as provided in Subsection 63M-7-512(1)(b) means conduct by the victim which was attributable to the injury or death of the victim as provided by rules promulgated by the board pursuant to Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
(24) "Noneconomic detriment" means pain, suffering, inconvenience, physical impairment, and other nonpecuniary damage, except as provided in this chapter.
(25) "Pecuniary loss" does not include loss attributable to pain and suffering except as otherwise provided in this chapter.
(26) "Offender" means a person who has violated the criminal code through criminally injurious conduct regardless of whether the person is arrested, prosecuted, or convicted.
(27) "Offense" means a violation of the criminal code.
(28) "Perpetrator" means the person who actually participated in the criminally injurious conduct.
(29) "Reparations officer" means a person employed by the office to investigate claims of
victims and award reparations under this chapter, and includes the director when the director is acting as a reparations officer.
(30) "Replacement service loss" means expenses reasonably and necessarily incurred in obtaining ordinary and necessary services in lieu of those the injured person would have performed, not for income but the benefit of the injured person or the injured person's dependents if the injured person had not been injured.
(31) "Representative" means the victim, immediate family member, legal guardian, attorney, conservator, executor, or an heir of a person but does not include service providers.
(32) "Restitution" means money or services an appropriate authority orders an offender to pay or render to a victim of the offender's conduct.
(33) "Secondary victim" means a person who is traumatically affected by the criminally injurious conduct subject to rules promulgated by the board pursuant to Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
(34) "Service provider" means a person or agency who provides a service to crime victims for a monetary fee except attorneys as provided in Section 63M-7-524.
(35) "Utah Office for Victims of Crime" or "office" means the director, the reparations and assistance officers, and any other staff employed for the purpose of carrying out the provisions of this chapter.
(36)
(a) "Victim" means a person who suffers bodily or psychological injury or death as a direct result of criminally injurious conduct or of the production of pornography in violation of Section 76-5b-201 if the person is a minor.
(b) "Victim" does not include a person who participated in or observed the judicial proceedings against an offender unless otherwise provided by statute or rule.
(c) "Victim" includes a resident of this state who is injured or killed by an act of terrorism, as defined in 18 U.S.C. 2331, committed outside of the United States.
(37) "Work loss" means loss of income from work the injured victim would have performed if the injured victim had not been injured and expenses reasonably incurred by the injured victim in obtaining services in lieu of those the injured victim would have performed for income, reduced by any income from substitute work the injured victim was capable of performing but unreasonably failed to undertake.
63M-7-503. Restitution -- Reparations not to supplant restitution -- Assignment of claim for restitution judgment to Reparations Office.
(1) A reparations award may not supplant restitution as established under Title 77, Chapter 38a, Crime Victims Restitution Act, or as established by any other provisions.
(2) The court may not reduce an order of restitution based on a reparations award.
(3) If, due to reparation payments to a victim, the Utah Office for Victims of Crime is assigned under Section 63M-7-519 a claim for the victim's judgment for restitution or a portion of the restitution, the 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 contain an affidavit detailing the specific amounts of pecuniary damages paid on behalf of the victim. A copy of the notice of assignment and affidavit shall be mailed by certified mail to the defendant at his last known address 20 days prior to sentencing, entry of any judgment or order of restitution, or modification of any existing judgment or order of restitution. Any objection by the defendant to the imposition or amount of restitution shall be made at the time of sentencing or in writing within 20 days of the receipt of notice, to be filed with the court and a copy mailed to the office. Upon the filing of the objection, the court shall allow the defendant a full hearing on the issue as provided by Subsection 77-38a-302(4).
(4) If no objection is made or filed by the defendant, then upon conviction and sentencing, the court shall enter a judgment for complete restitution pursuant to the provisions of Subsections 76-3-201(4)(c) and (d) and identify the