H.B. 312

This document includes House Committee Amendments incorporated into the bill on Mon, Feb 4, 2008 at 11:57 AM by jeyring. --> This document includes House Floor Amendments incorporated into the bill on Tue, Feb 12, 2008 at 5:36 PM by jeyring. --> 1

CRIME VICTIM REPARATIONS REVISIONS
2 2008 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Julie Fisher
5 Senate Sponsor: Gregory S. Bell
6
7 LONG TITLE
8 General Description:
9 This bill clarifies responsibilities for reparations awards to crime victims, allows the
10 release of certain records to a prosecuting attorney, and makes technical name changes
11 throughout the code.
12 Highlighted Provisions:
13 This bill:
14 . prohibits a court from reducing restitution based on a reparations award;
15 . allows reparations officers to decide whether a hearing on an award is necessary;
16 . extends eligibility for awards to Utah residents regardless of the location of the
17 criminally injurious conduct in specific situations;
18 . clarifies that persons who are injured while in a correctional facility are ineligible
19 for awards;
20 . allows the Office of Crime Victim Reparations to release records to a prosecuting
21 attorney for use in seeking a restitution order;
22 H. [ . provides that records so released are to be admissible in a restitution hearing when
23 the records are prepared in accordance with the Utah Rules of Evidence; ] .H
24 . delineates amounts and priorities for awards to homicide victims;
25 . allows the board to determine when the benefit to the victim outweighs the state's
26 right to reimbursement and decide not to pursue a reimbursement claim;
27 . requires a medical service provider that accepts payments from the Reparations

28 Office to consider payments made as payment in full; and
29 . makes technical changes.
30 Monies Appropriated in this Bill:
31 None
32 Other Special Clauses:
33 This bill takes effect on July 1, 2008.
34 Utah Code Sections Affected:
35 AMENDS:
36 26-1-30, as last amended by Laws of Utah 2005, Chapter 2
37 26A-1-114, as last amended by Laws of Utah 2003, Chapter 171
38 53-1-106, as last amended by Laws of Utah 2007, Chapter 60
39 53-6-213, as last amended by Laws of Utah 2002, Chapter 256
40 63-25a-401, as renumbered and amended by Laws of Utah 1996, Chapter 242
41 63-25a-402, as last amended by Laws of Utah 2002, Chapter 256
42 63-25a-403, as last amended by Laws of Utah 2002, Chapter 35
43 63-25a-404, as last amended by Laws of Utah 2002, Chapter 176
44 63-25a-405, as last amended by Laws of Utah 2002, Chapter 256
45 63-25a-407, as last amended by Laws of Utah 2002, Chapter 256
46 63-25a-408, as renumbered and amended by Laws of Utah 1996, Chapter 242
47 63-25a-409, as last amended by Laws of Utah 2000, Chapter 235
48 63-25a-410, as last amended by Laws of Utah 2000, Chapters 28 and 235
49 63-25a-411, as last amended by Laws of Utah 2002, Chapters 35 and 256
50 63-25a-412, as last amended by Laws of Utah 2000, Chapter 235
51 63-25a-414, as last amended by Laws of Utah 2002, Chapter 256
52 63-25a-415, as last amended by Laws of Utah 2000, Chapter 235
53 63-25a-419, as last amended by Laws of Utah 2002, Chapter 256
54 63-25a-421, as renumbered and amended by Laws of Utah 1996, Chapter 242
55 63-25a-428, as last amended by Laws of Utah 2002, Chapter 256
56 63-55-263, as last amended by Laws of Utah 2007, Chapters 216, 306, and 317
57 63-63a-4, as last amended by Laws of Utah 2002, Fifth Special Session, Chapter 12
58 67-4a-405, as last amended by Laws of Utah 2002, Chapter 256

59 77-2-4.2, as last amended by Laws of Utah 2006, Chapter 315
60 77-2a-3, as last amended by Laws of Utah 2006, Chapter 341
61 77-37-3, as last amended by Laws of Utah 2005, Chapter 13
62 77-38-3, as last amended by Laws of Utah 2003, Chapter 171
63 H. [ 78-61-101 ] 77-38-302 .H , as enacted by Laws of Utah H. [ 2004 ] 2008 .H ,
63a Chapter H. [ 368 ] 3 .H
64 ENACTS:
65 H. [ 63-25a-411.5 ] 63M-7-511.5 .H , Utah Code Annotated 1953
66 H. [ 63-25a-421.5 ] 63M-7-521.5 .H , Utah Code Annotated 1953
67 H. [ 63-25a-429, Utah Code Annotated 1953 ] .H
68 REPEALS:
69 63-25a-420, as renumbered and amended by Laws of Utah 1996, Chapter 242
70
71 Be it enacted by the Legislature of the state of Utah:
72 Section 1. Section 26-1-30 is amended to read:
73 26-1-30. Powers and duties of department.
74 (1) The department shall:
75 (a) enter into cooperative agreements with the Department of Environmental Quality to
76 delineate specific responsibilities to assure that assessment and management of risk to human
77 health from the environment are properly administered; and
78 (b) consult with the Department of Environmental Quality and enter into cooperative
79 agreements, as needed, to ensure efficient use of resources and effective response to potential
80 health and safety threats from the environment, and to prevent gaps in protection from potential
81 risks from the environment to specific individuals or population groups.
82 (2) In addition to all other powers and duties of the department, it shall have and
83 exercise the following powers and duties:
84 (a) promote and protect the health and wellness of the people within the state;
85 (b) establish, maintain, and enforce rules necessary or desirable to carry out the
86 provisions and purposes of this title to promote and protect the public health or to prevent
87 disease and illness;
88 (c) investigate and control the causes of epidemic, infectious, communicable, and other
89 diseases affecting the public health;

90 (d) provide for the detection, reporting, prevention, and control of communicable,
91 infectious, acute, chronic, or any other disease or health hazard [that] which the department
92 considers to be dangerous, important, or likely to affect the public health;
93 (e) collect and report information on causes of injury, sickness, death, and disability
94 and the risk factors that contribute to the causes of injury, sickness, death, and disability within
95 the state;
96 (f) collect, prepare, publish, and disseminate information to inform the public
97 concerning the health and wellness of the population, specific hazards, and risks that may affect
98 the health and wellness of the population and specific activities which may promote and protect
99 the health and wellness of the population;
100 (g) establish and operate programs necessary or desirable for the promotion or
101 protection of the public health and the control of disease or which may be necessary to
102 ameliorate the major causes of injury, sickness, death, and disability in the state, except that the
103 programs [shall] may not be established if adequate programs exist in the private sector;
104 (h) establish, maintain, and enforce isolation and quarantine, and for this purpose only,
105 exercise physical control over property and individuals as the department finds necessary for
106 the protection of the public health;
107 (i) close theaters, schools, and other public places and forbid gatherings of people
108 when necessary to protect the public health;
109 (j) abate nuisances when necessary to eliminate sources of filth and infectious and
110 communicable diseases affecting the public health;
111 (k) make necessary sanitary and health investigations and inspections in cooperation
112 with local health departments as to any matters affecting the public health;
113 (l) establish laboratory services necessary to support public health programs and
114 medical services in the state;
115 (m) establish and enforce standards for laboratory services which are provided by any
116 laboratory in the state when the purpose of the services is to protect the public health;
117 (n) cooperate with the Labor Commission to conduct studies of occupational health
118 hazards and occupational diseases arising in and out of employment in industry, and make
119 recommendations for elimination or reduction of the hazards;
120 (o) cooperate with the local health departments, the Department of Corrections, the

121 Administrative Office of the Courts, the Division of Juvenile Justice Services, and the Crime
122 [Victims] Victim Reparations Board to conduct testing for HIV infection of convicted sexual
123 offenders and any victims of a sexual offense;
124 (p) investigate the cause of maternal and infant mortality;
125 (q) establish, maintain, and enforce a procedure requiring the blood of adult pedestrians
126 and drivers of motor vehicles killed in highway accidents be examined for the presence and
127 concentration of alcohol;
128 (r) provide the commissioner of public safety with monthly statistics reflecting the
129 results of the examinations provided for in Subsection (2)(q) and provide safeguards so that
130 information derived from the examinations is not used for a purpose other than the compilation
131 of statistics authorized in this Subsection (2)(r);
132 (s) establish qualifications for individuals permitted to draw blood pursuant to Section
133 41-6a-523 , and to issue permits to individuals it finds qualified, which permits may be
134 terminated or revoked by the department;
135 (t) establish a uniform public health program throughout the state which includes
136 continuous service, employment of qualified employees, and a basic program of disease
137 control, vital and health statistics, sanitation, public health nursing, and other preventive health
138 programs necessary or desirable for the protection of public health;
139 (u) adopt rules and enforce minimum sanitary standards for the operation and
140 maintenance of:
141 (i) orphanages;
142 (ii) boarding homes;
143 (iii) summer camps for children;
144 (iv) lodging houses;
145 (v) hotels;
146 (vi) restaurants and all other places where food is handled for commercial purposes,
147 sold, or served to the public;
148 (vii) tourist and trailer camps;
149 (viii) service stations;
150 (ix) public conveyances and stations;
151 (x) public and private schools;

152 (xi) factories;
153 (xii) private sanatoria;
154 (xiii) barber shops;
155 (xiv) beauty shops;
156 (xv) physicians' offices;
157 (xvi) dentists' offices;
158 (xvii) workshops;
159 (xviii) industrial, labor, or construction camps;
160 (xix) recreational resorts and camps;
161 (xx) swimming pools, public baths, and bathing beaches;
162 (xxi) state, county, or municipal institutions, including hospitals and other buildings,
163 centers, and places used for public gatherings; and
164 (xxii) of any other facilities in public buildings and on public grounds;
165 (v) conduct health planning for the state;
166 (w) monitor the costs of health care in the state and foster price competition in the
167 health care delivery system;
168 (x) adopt rules for the licensure of health facilities within the state pursuant to Title 26,
169 Chapter 21, Health Care Facility Licensing and Inspection Act;
170 (y) license the provision of child care;
171 (z) accept contributions to and administer the funds contained in the Organ Donation
172 Contribution Fund created in Section 26-18b-101 ; and
173 (aa) serve as the collecting agent, on behalf of the state, for the nursing care facility
174 assessment fee imposed under Title 26, Chapter 35a, Nursing Care Facility Assessment Act,
175 and adopt rules for the enforcement and administration of the nursing facility assessment
176 consistent with the provisions of Title 26, Chapter 35a.
177 Section 2. Section 26A-1-114 is amended to read:
178 26A-1-114. Powers and duties of departments.
179 (1) A local health department may:
180 (a) subject to the provisions in Section 26A-1-108 , enforce state laws, local ordinances,
181 department rules, and local health department standards and regulations relating to public
182 health and sanitation, including the plumbing code adopted by the Division of Occupational

183 and Professional Licensing under Section 58-56-4 and under Title 26, Chapter 15a, Food
184 Safety Manager Certification Act, in all incorporated and unincorporated areas served by the
185 local health department;
186 (b) establish, maintain, and enforce isolation and quarantine, and exercise physical
187 control over property and over individuals as the local health department finds necessary for
188 the protection of the public health;
189 (c) establish and maintain medical, environmental, occupational, and other laboratory
190 services considered necessary or proper for the protection of the public health;
191 (d) establish and operate reasonable health programs or measures not in conflict with
192 state law [that] which:
193 (i) are necessary or desirable for the promotion or protection of the public health and
194 the control of disease; or
195 (ii) may be necessary to ameliorate the major risk factors associated with the major
196 causes of injury, sickness, death, and disability in the state;
197 (e) close theaters, schools, and other public places and prohibit gatherings of people
198 when necessary to protect the public health;
199 (f) abate nuisances or eliminate sources of filth and infectious and communicable
200 diseases affecting the public health and bill the owner or other person in charge of the premises
201 upon which this nuisance occurs for the cost of abatement;
202 (g) make necessary sanitary and health investigations and inspections on its own
203 initiative or in cooperation with the Department of Health or Environmental Quality, or both,
204 as to any matters affecting the public health;
205 (h) pursuant to county ordinance or interlocal agreement:
206 (i) establish and collect appropriate fees for the performance of services and operation
207 of authorized or required programs and duties;
208 (ii) accept, use, and administer all federal, state, or private donations or grants of funds,
209 property, services, or materials for public health purposes; and
210 (iii) make agreements not in conflict with state law [that] which are conditional to
211 receiving a donation or grant;
212 (i) prepare, publish, and disseminate information necessary to inform and advise the
213 public concerning:

214 (i) the health and wellness of the population, specific hazards, and risk factors that may
215 adversely affect the health and wellness of the population; and
216 (ii) specific activities individuals and institutions can engage in to promote and protect
217 the health and wellness of the population;
218 (j) investigate the causes of morbidity and mortality;
219 (k) issue notices and orders necessary to carry out this part;
220 (l) conduct studies to identify injury problems, establish injury control systems,
221 develop standards for the correction and prevention of future occurrences, and provide public
222 information and instruction to special high risk groups;
223 (m) cooperate with boards created under Section 19-1-106 to enforce laws and rules
224 within the jurisdiction of the boards;
225 (n) cooperate with the state health department, the Department of Corrections, the
226 Administrative Office of the Courts, the Division of Juvenile Justice Services, and the Crime
227 [Victims] Victim Reparations Board to conduct testing for HIV infection of convicted sexual
228 offenders and any victims of a sexual offense;
229 (o) investigate suspected bioterrorism and disease pursuant to Section 26-23b-108 ; and
230 (p) provide public health assistance in response to a national, state, or local emergency,
231 a public health emergency as defined in Section 26-23b-102 , or a declaration by the President
232 of the United States or other federal official requesting public health-related activities.
233 (2) The local health department shall:
234 (a) establish programs or measures to promote and protect the health and general
235 wellness of the people within the boundaries of the local health department;
236 (b) investigate infectious and other diseases of public health importance and implement
237 measures to control the causes of epidemic and communicable diseases and other conditions
238 significantly affecting the public health which may include involuntary testing of convicted
239 sexual offenders for the HIV infection pursuant to Section 76-5-502 and voluntary testing of
240 victims of sexual offenses for HIV infection pursuant to Section 76-5-503 ;
241 (c) cooperate with the department in matters pertaining to the public health and in the
242 administration of state health laws; and
243 (d) coordinate implementation of environmental programs to maximize efficient use of
244 resources by developing with the Department of Environmental Quality a Comprehensive

245 Environmental Service Delivery Plan [that] which:
246 (i) recognizes that the Department of Environmental Quality and local health
247 departments are the foundation for providing environmental health programs in the state;
248 (ii) delineates the responsibilities of the department and each local health department
249 for the efficient delivery of environmental programs using federal, state, and local authorities,
250 responsibilities, and resources;
251 (iii) provides for the delegation of authority and pass through of funding to local health
252 departments for environmental programs, to the extent allowed by applicable law, identified in
253 the plan, and requested by the local health department; and
254 (iv) is reviewed and updated annually.
255 (3) The local health department has the following duties regarding public and private
256 schools within its boundaries:
257 (a) enforce all ordinances, standards, and regulations pertaining to the public health of
258 persons attending public and private schools;
259 (b) exclude from school attendance any person, including teachers, who is suffering
260 from any communicable or infectious disease, whether acute or chronic, if the person is likely
261 to convey the disease to those in attendance; and
262 (c) (i) make regular inspections of the health-related condition of all school buildings
263 and premises;
264 (ii) report the inspections on forms furnished by the department to those responsible for
265 the condition and provide instructions for correction of any conditions that impair or endanger
266 the health or life of those attending the schools; and
267 (iii) provide a copy of the report to the department at the time the report is made.
268 (4) If those responsible for the health-related condition of the school buildings and
269 premises do not carry out any instructions for corrections provided in a report in Subsection
270 (3)(c), the local health board shall cause the conditions to be corrected at the expense of the
271 persons responsible.
272 (5) The local health department may exercise incidental authority as necessary to carry
273 out the provisions and purposes of this part.
274 Section 3. Section 53-1-106 is amended to read:
275 53-1-106. Department duties -- Powers.

276 (1) In addition to the responsibilities contained in this title, the department shall:
277 (a) make rules and perform the functions specified in Title 41, Chapter 6a, Traffic
278 Code, including:
279 (i) setting performance standards for towing companies to be used by the department,
280 as required by Section 41-6a-1406 ; and
281 (ii) advising the Department of Transportation regarding the safe design and operation
282 of school buses, as required by Section 41-6a-1304 ;
283 (b) make rules to establish and clarify standards pertaining to the curriculum and
284 teaching methods of a motor vehicle accident prevention course under Section 31A-19a-211 ;
285 (c) aid in enforcement efforts to combat drug trafficking;
286 (d) meet with the Department of Technology Services to formulate contracts, establish
287 priorities, and develop funding mechanisms for dispatch and telecommunications operations;
288 (e) provide assistance to the Crime [Victims'] Victim Reparations Board and Office of
289 Crime Victim Reparations [Office] in conducting research or monitoring victims' programs, as
290 required by Section 63-25a-405 ;
291 (f) develop sexual assault exam protocol standards in conjunction with the Utah
292 Hospital Association;
293 (g) engage in emergency planning activities, including preparation of policy and
294 procedure and rulemaking necessary for implementation of the federal Emergency Planning
295 and Community Right to Know Act of 1986, as required by Section 63-5-5 ;
296 (h) implement the provisions of Section 53-2-202 , the Emergency Management
297 Assistance Compact; and
298 (i) (i) maintain a database of the information listed below regarding each driver license
299 or state identification card status check made by a law enforcement officer:
300 (A) the agency employing the law enforcement officer;
301 (B) the name of the law enforcement officer or the identifying number the agency has
302 assigned to the law enforcement officer;
303 (C) the race and gender of the law enforcement officer;
304 (D) the purpose of the law enforcement officer's status check, including but not limited
305 to a traffic stop or a pedestrian stop; and
306 (E) the race of the individual regarding whom the status check is made, based on the

307 information provided through the application process under Section 53-3-205 or 53-3-804 ;
308 (ii) provide access to the database created in Subsection (1)(i)(i) to the Commission on
309 Criminal and Juvenile Justice for the purpose of:
310 (A) evaluating the data;
311 (B) evaluating the effectiveness of the data collection process; and
312 (C) reporting and making recommendations to the Legislature; and
313 (iii) classify any personal identifying information of any individual, including law
314 enforcement officers, in the database as protected records under Subsection 63-2-304 (9).
315 (2) (a) The department may establish a schedule of fees as required or allowed in this
316 title for services provided by the department.
317 (b) The fees shall be established in accordance with Section 63-38-3.2 .
318 (3) The department may establish or contract for the establishment of an Organ
319 Procurement Donor Registry in accordance with Section 26-28-120 .
320 Section 4. Section 53-6-213 is amended to read:
321 53-6-213. Appropriations from reparation fund.
322 (1) The Legislature shall appropriate from the fund established in Title 63, Chapter
323 25a, Part 4, [the] Crime [Victims'] Victim Reparations Act, to the division, funds for training
324 of law enforcement officers in the state.
325 (2) The department shall make an annual report to the Legislature, which includes the
326 amount received during the previous fiscal year.
327 Section 5. Section 63-25a-401 is amended to read:
328 CHAPTER 25a. CRIME VICTIM REPARATIONS ACT
329 63-25a-401. Title.
330 This part is known as the "Crime [Victims'] Victim Reparations Act" and may be
331 abbreviated as the "CVRA."
332 Section 6. Section 63-25a-402 is amended to read:
333 63-25a-402. Definitions.
334 As used in this chapter:
335 (1) "Accomplice" means a person who has engaged in criminal conduct as defined in
336 Section 76-2-202 .
337 (2) "Board" means the Crime [Victims'] Victim Reparations Board created under

338 Section 63-25a-404 .
339 (3) "Bodily injury" means physical pain, illness, or any impairment of physical
340 condition.
341 (4) "Claim" means:
342 (a) the victim's application or request for a reparations award; and
343 (b) the formal action taken by a victim to apply for reparations pursuant to Sections
344 63-25a-401 through 63-25a-428 .
345 (5) "Claimant" means any of the following claiming reparations under this chapter:
346 (a) a victim;
347 (b) a dependent of a deceased victim;
348 (c) a representative other than a collateral source; or
349 (d) the person or representative who files a claim on behalf of a victim.
350 (6) "Child" means an unemancipated person who is under 18 years of age.
351 (7) "Collateral source" means the definition as provided in Section 63-25a-413 .
352 (8) "Contested case" means a case which the claimant contests, claiming the award was
353 either inadequate or denied, or which a county attorney, a district attorney, a law enforcement
354 officer, or other individual related to the criminal investigation proffers reasonable evidence of
355 the claimant's lack of cooperation in the prosecution of a case after an award has already been
356 given.
357 (9) (a) "Criminally injurious conduct" other than acts of war declared or not declared
358 means conduct that:
359 (i) is or would be subject to prosecution in this state under Section 76-1-201 ;
360 (ii) occurs or is attempted;
361 (iii) causes, or poses a substantial threat of causing, bodily injury or death;
362 (iv) is punishable by fine, imprisonment, or death if the person engaging in the conduct
363 possessed the capacity to commit the conduct; and
364 (v) does not arise out of the ownership, maintenance, or use of a motor vehicle,
365 aircraft, or water craft, unless the conduct is intended to cause bodily injury or death, or is
366 conduct which is or would be punishable under Title 76, Chapter 5, Offenses Against the
367 Person, or as any offense chargeable as driving under the influence of alcohol or drugs.
368 (b) "Criminally injurious conduct" includes an act of terrorism, as defined in 18 U.S.C.

369 2331 committed outside of the United States against a resident of this state. "Terrorism" does
370 not include an "act of war" as defined in 18 U.S.C. 2331.
371 (10) "Dependent" means a natural person to whom the victim is wholly or partially
372 legally responsible for care or support and includes a child of the victim born after his death.
373 (11) "Dependent's economic loss" means loss after the victim's death of contributions
374 of things of economic value to his dependent, not including services the dependent would have
375