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.

     
                        

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     77-38-1.   Title.
     This act shall be known and may be cited as the "Rights of Crime Victims Act."

 

     77-38-2.   Definitions.
     For the purposes of this chapter and the Utah Constitution:
     (1) "Abuse" means treating the crime victim in a manner so as to injure, damage, or disparage.
     (2) "Dignity" means treating the crime victim with worthiness, honor, and esteem.
     (3) "Fairness" means treating the crime victim reasonably, even-handedly, and impartially.
     (4) "Harassment" means treating the crime victim in a persistently annoying manner.
     (5) "Important criminal justice hearings" or "important juvenile justice hearings" means the following proceedings in felony criminal cases or cases involving a minor's conduct which would be a felony if committed by an adult:
          (a) any preliminary hearing to determine probable cause;
          (b) any court arraignment where practical;
          (c) any court proceeding involving the disposition of charges against a defendant or minor or the delay of a previously scheduled trial date but not including any unanticipated proceeding to take an admission or a plea of guilty as charged to all charges previously filed or any plea taken at an initial appearance;
          (d) any court proceeding to determine whether to release a defendant or minor and, if so, under what conditions release may occur, excluding any such release determination made at an initial appearance;
          (e) any criminal or delinquency trial, excluding any actions at the trial that a court might take in camera, in chambers, or at a sidebar conference;
          (f) any court proceeding to determine the disposition of a minor or sentence, fine, or restitution of a defendant or to modify any disposition of a minor or sentence, fine, or restitution of a defendant; and
          (g) any public hearing concerning whether to grant a defendant or minor parole or other form of discretionary release from confinement.
     (6) "Reliable information" means information worthy of confidence, including any information whose use at sentencing is permitted by the United States Constitution.
     (7) "Representative of a victim" means a person who is designated by the victim or designated by the court and who represents the victim in the best interests of the victim.
     (8) "Respect" means treating the crime victim with regard and value.
     (9) (a) "Victim of a crime" means any natural person against whom the charged crime or conduct is alleged to have been perpetrated or attempted by the defendant or minor personally or as a party to the offense or conduct or, in the discretion of the court, against whom a related crime or act is alleged to have been perpetrated or attempted, unless the natural person is the accused or appears to be accountable or otherwise criminally responsible for or criminally involved in the crime or conduct or a crime or act arising from the same conduct, criminal episode, or plan as the crime is defined under the laws of this state.
          (b) For purposes of the right to be present, "victim of a crime" does not mean any 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.
          (c) For purposes of the right to be present and heard at a public hearing as provided in Subsection 77-38-2(5)(g) and the right to notice as provided in Subsection 77-38-3(7)(a), "victim of a crime" includes any victim originally named in the allegation of criminal conduct who is not a victim of the offense to which the defendant entered a negotiated plea of guilty

 

     77-38-3.   Notification to victims -- Initial notice, election to receive subsequent notices -- Form of notice -- Protected victim information.
     (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 that 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 that it has received from a victim to the Board of Pardons and Parole.
     (10) In all cases where the number of victims exceeds ten, 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 63-2-304(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) Office of Crime Victims' Reparations;
               (vi) 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. 

 

     77-38-4.   Right to be present and to be heard -- Control of disruptive acts or irrelevant statements -- Statements from persons in custody.
     (1) The victim of a crime shall have the right to be present at the important criminal or juvenile justice hearings provided in Subsections 77-38-2(5)(a) through (f), the right to be heard at the important criminal or juvenile justice hearings provided in Subsections 77-38-2(5)(b), (c), (d), and (f), and, upon request to the judge hearing the matter, the right 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.

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     77-38-5.   Application to felonies and misdemeanors of the declaration of the rights of crime victims.
     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 78-3a-115.

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     77-38-6.   Victim's right to privacy.
     (1) The victim of a crime has the right, at any court proceeding, including any juvenile court proceeding, not to testify regarding the victim's address, telephone number, place of employment, or other locating information unless the victim specifically consents or the court orders disclosure on finding that a compelling need exists to disclose the information. A court proceeding on whether to order disclosure shall be in camera.
     (2) A defendant may not compel any witness to a crime, at any court proceeding, including any juvenile court proceeding, to testify regarding the witness's address, telephone number, place of employment, or other locating information unless the witness specifically consents or the court orders disclosure on finding that a compelling need for the information exists. A court proceeding on whether to order disclosure shall be in camera.


     77-38-7.   Victim's right to a speedy trial.
     (1) In determining a date for any criminal trial or other important criminal or juvenile justice hearing, the court shall consider the interests of the victim of a crime to a speedy resolution of the charges under the same standards that govern a defendant's or minor's right to a speedy trial.
     (2) The victim of a crime has the right to a speedy disposition of the charges free from unwarranted delay caused by or at the behest of the defendant or minor and to prompt and final conclusion of the case after the disposition or conviction and sentence, including prompt and final conclusion of all collateral attacks on dispositions or criminal judgments.
     (3) (a) In ruling on any motion by a defendant or minor to continue a previously established trial or other important criminal or juvenile justice hearing, the court shall inquire into the circumstances requiring the delay and consider the interests of the victim of a crime to a speedy disposition of the case.
          (b) If a continuance is granted, the court shall enter in the record the specific reason for the continuance and the procedures that have been taken to avoid further delays.



       77-38-8.   Age-appropriate language at judicial proceedings -- Advisor.
     (1) In any criminal proceeding or juvenile court proceeding regarding or involving a child, examination and cross-examination of a victim or witness 13 years of age or younger shall be conducted in age-appropriate language.
     (2) (a) The court may appoint an advisor to assist a witness 13 years of age or younger in understanding questions asked by counsel.
          (b) The advisor is not required to be an attorney.

 

     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.

 

     77-38-10.   Victim's discretion.
     (1) (a) The victim may exercise any rights under this chapter at his discretion to be present and to be heard at a court proceeding, including a juvenile delinquency proceeding.
          (b) The absence of the victim at the court proceeding does not preclude the court from conducting the proceeding.
     (2) A victim shall not refuse to comply with an otherwise lawful subpoena under this chapter.
     (3) A victim shall not prevent the prosecution from complying with requests for information within a prosecutor's possession and control under this chapter.

 

     77-38-11.   Enforcement -- Appellate Review -- No right to money damages.
     (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; and
               (ii) petition to file an amicus brief in any court in any case affecting crime victims.
          (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 no appeal shall constitute grounds for delaying any criminal or juvenile proceeding.
          (c) An appellate court shall review all such properly presented issues, including issues that are capable of repetition but would otherwise evade review.
     (3) 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, attorneys' fees, or the costs of exercising any rights under this chapter.

 

     77-38-12.   Construction of this chapter -- No right to set aside conviction, adjudication, admission, or plea -- Severability clause.
     (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 appellate, habeas corpus, except in juvenile cases, 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.

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     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

 

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     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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     77-37-2.   Definitions.
     In this chapter:
     (1) "Child" means a person who is younger than 18 years of age, unless otherwise specified in statute. The rights to information as extended in this chapter also apply to the parents, custodian, or legal guardians of children.
     (2) "Family member" means spouse, child, sibling, parent, grandparent, or legal guardian.
     (3) "Victim" means a person against whom a crime has allegedly been committed, or against whom an act has allegedly been committed by a juvenile or incompetent adult, which would have been a crime if committed by a competent adult.
     (4) "Witness" means any person who has been subpoenaed or is expected to be summoned to testify for the prosecution or who by reason of having relevant information is subject to call or likely to be called as a witness for the prosecution, whether any action or proceeding has commenced.

 

     77-37-3.   Bill of Rights.
     (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 that 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 are entitled to restitution or reparations, including medical costs, as provided in Title 63, Chapter 25a, Criminal Justice and Substance Abuse, and Sections 62A-7-109, 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 Utah Crime Victims' 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 convicted 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 his current address and telephone number to the criminal justice agencies involved in the case. 

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     77-37-4.   Additional rights -- Children.
     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.

 

     77-37-5.   Remedies -- Victims' Rights Committee.
     Remedies available are:
     (1) In each judicial district, the presiding district court judge shall appoint a person who shall establish and chair a 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, 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 Commission on Criminal and Juvenile Justice and the Office of Crime Victims' Reparations for review and other appropriate action.
     (3) The Office of Crime Victims' Reparations 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.
     (4) 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. The failure to provide the rights in this chapter or Title 77, Chapter 38, 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's fees, or the costs of exercising any rights under this chapter.
     (5) 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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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.

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     63-25a-401.   Title.
     This part is known as the "Crime Victims' Reparations Act" and may be abbreviated as the "CVRA."

 

 

   63-25a-402.   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) "Board" means the Crime Victims' Reparations Board created under Section 63-25a-404.
     (3) "Bodily injury" means physical pain, illness, or any impairment of physical condition.
     (4) "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 Sections 63-25a-401 through 63-25a-428.
     (5) "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.
     (6) "Child" means an unemancipated person who is under 18 years of age.
     (7) "Collateral source" means the definition as provided in Section 63-25a-413.
     (8) "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.
     (9) (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. 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. 2331.
     (10) "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 his death.
     (11) "Dependent's economic loss" means loss after the victim's death of contributions of things of economic value to his dependent, not including services the dependent would have received from the victim if he had not suffered the fatal injury, less expenses of the dependent avoided by reason of victim's death.
     (12) "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 his benefit if he 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.
     (13) "Director" means the director of the Reparations Office.
     (14) "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.
     (15) "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.
     (16) "Elderly victim" means a person 60 years of age or older who is a victim.
     (17) "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 63-25a-410.
     (18) "Fund" means the Crime Victim Reparation Fund created in Section 63-63a-4.
     (19) "Law enforcement officer" means a law enforcement officer as defined in Section 53-13-103.
     (20) "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.
     (21) "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 63, Chapter 46a, Utah Administrative Rulemaking Act.
     (22) "Misconduct" as provided in Subsection 63-25a-412(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 63, Chapter 46a, Utah Administrative Rulemaking Act.
     (23) "Noneconomic detriment" means pain, suffering, inconvenience, physical impairment, and other nonpecuniary damage, except as provided in this chapter.
     (24) "Pecuniary loss" does not include loss attributable to pain and suffering except as otherwise provided in this chapter.
     (25) "Offender" means a person who has violated the criminal code through criminally injurious conduct regardless of whether he is arrested, prosecuted, or convicted.
     (26) "Offense" means a violation of the criminal code.
     (27) "Perpetrator" means the person who actually participated in the criminally injurious conduct.
     (28) "Personal property" has the same definition as provided in Section 68-3-12.
     (29) "Reparations Office" means the office of the reparations staff for the purpose of carrying out this chapter.
     (30) "Reparations officer" means a person employed by the Reparations Office to investigate claims of victims and award reparations under this chapter, and includes the director when he is acting as a reparations officer.
     (31) "Reparations staff" means the director, the reparations officers, and any other staff employed to administer the Crime Victims' Reparations Act.
     (32) "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 himself or his dependents if he had not been injured.
     (33) "Representative" means the victim, immediate family member, legal guardian, attorney, conservator, executor, or an heir of a person but does not include service providers.
     (34) "Restitution" means money or services an appropriate authority orders an offender to pay or render to a victim of the offender's conduct.
     (35) "Secondary victim" means a person who is traumatically affected by the criminally injurious conduct subject to rules promulgated by the board pursuant to Title 63, Chapter 46a, Utah Administrative Rulemaking Act.
     (36) "Service provider" means a person or agency who provides a service to crime victims for a monetary fee except attorneys as provided in Section 63-25a-424.
     (37) (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 Sections 76-5a-1 through 76-5a-4 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.
     (38) "Work loss" means loss of income from work the injured victim would have performed if he had not been injured and expenses reasonably incurred by him in obtaining services in lieu of those he would have performed for income, reduced by any income from substitute work he was capable of performing but unreasonably failed to undertake.

 

 

     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 Utah or the criminally injurious conduct shall have occurred in Utah.
     (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 December 31, 1986.

 

 

     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-411.   Compensable losses and amounts.
     A reparations award under this chapter may be made if:
     (1) the reparations officer finds the claim satisfies the requirements for the award under the provisions of this chapter and the rules of the board;
     (2) monies are available in the fund;
     (3) the person for whom the award of reparations is to be paid is otherwise eligible under this act;
     (4) the claim is for an allowable expense incurred by the victim, as follows:
          (a) reasonable and necessary charges incurred for products, services, and accommodations;
          (b) inpatient and outpatient medical treatment and physical therapy, subject to rules promulgated by the board pursuant to Title 63, Chapter 46a, Utah Administrative Rulemaking Act;
          (c) mental health counseling which:
              (i) is set forth in a mental health treatment plan which has been approved prior to any payment by a reparations officer; and
              (ii) qualifies within any further rules promulgated by the board pursuant to Title 63, Chapter 46a, Utah Administrative Rulemaking Act;
          (d) actual loss of past earnings and anticipated loss of future earnings because of a death or disability resulting from the personal injury at a rate not to exceed 66-2/3% of the person's weekly gross salary or wages or the maximum amount allowed under the state workers' compensation statute;
          (e) care of minor children enabling a victim or spouse of a victim, but not both of them, to continue gainful employment at a rate per child per week as determined under rules established by the board;
          (f) funeral and burial expenses for death caused by the criminally injurious conduct, subject to rules promulgated by the board pursuant to Title 63, Chapter 46a, Utah Administrative Rulemaking Act;
          (g) loss of support to the dependent or dependents not otherwise compensated for a pecuniary loss for personal injury, for as long as the dependence would have existed had the victim survived, at a rate not to exceed 66-2/3% of the person's weekly salary or wages or the maximum amount allowed under the state workers' compensation statute, whichever is less;
          (h) personal property necessary and essential to the health or safety of the victim as defined by rules promulgated by the board pursuant to Title 63, Chapter 46a, Utah Administrative Rulemaking Act; and
          (i) medical examinations as defined in Section 63-25a-402, subject to rules promulgated by the board pursuant to Title 63, Chapter 46a, Utah Administrative Rulemaking Act, which may allow for exemptions from Sections 63-25a-409, 63-25a-412, and 63-25a-413.
     (5) If a Utah resident suffers injury or death as a result of criminally injurious conduct inflicted in a state, territory, or country that does not provide a reciprocal crime victims' compensation program, the Utah resident has the same rights under this chapter as if the injurious conduct occurred in this state.
     (6) An award of reparations shall not exceed $25,000 in the aggregate unless the victim is entitled to proceeds in excess of that amount as provided in Subsection 77-38a-403(2). However, reparations for actual medical expenses incurred as a result of homicide, attempted homicide, aggravated assault, or DUI offenses, may be awarded up to $50,000 in the aggregate.

 

 

     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.

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