H.B. 312 Enrolled

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 for
19 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 . delineates amounts and priorities for awards to homicide victims;
23 . allows the board to determine when the benefit to the victim outweighs the state's
24 right to reimbursement and decide not to pursue a reimbursement claim;
25 . requires a medical service provider that accepts payments from the Reparations
26 Office to consider payments made as payment in full; and
27 . makes technical changes.
28 Monies Appropriated in this Bill:
29 None

30 Other Special Clauses:
31 This bill takes effect on July 1, 2008.
32 Utah Code Sections Affected:
33 AMENDS:
34 26-1-30, as last amended by Laws of Utah 2005, Chapter 2
35 26A-1-114, as last amended by Laws of Utah 2003, Chapter 171
36 53-1-106, as last amended by Laws of Utah 2007, Chapter 60
37 53-6-213, as last amended by Laws of Utah 2002, Chapter 256
38 63-25a-401, as renumbered and amended by Laws of Utah 1996, Chapter 242
39 63-25a-402, as last amended by Laws of Utah 2002, Chapter 256
40 63-25a-403, as last amended by Laws of Utah 2002, Chapter 35
41 63-25a-404, as last amended by Laws of Utah 2002, Chapter 176
42 63-25a-405, as last amended by Laws of Utah 2002, Chapter 256
43 63-25a-407, as last amended by Laws of Utah 2002, Chapter 256
44 63-25a-408, as renumbered and amended by Laws of Utah 1996, Chapter 242
45 63-25a-409, as last amended by Laws of Utah 2000, Chapter 235
46 63-25a-410, as last amended by Laws of Utah 2000, Chapters 28 and 235
47 63-25a-411, as last amended by Laws of Utah 2002, Chapters 35 and 256
48 63-25a-412, as last amended by Laws of Utah 2000, Chapter 235
49 63-25a-414, as last amended by Laws of Utah 2002, Chapter 256
50 63-25a-415, as last amended by Laws of Utah 2000, Chapter 235
51 63-25a-419, as last amended by Laws of Utah 2002, Chapter 256
52 63-25a-421, as renumbered and amended by Laws of Utah 1996, Chapter 242
53 63-25a-428, as last amended by Laws of Utah 2002, Chapter 256
54 63-55-263, as last amended by Laws of Utah 2007, Chapters 216, 306, and 317
55 63-63a-4, as last amended by Laws of Utah 2002, Fifth Special Session, Chapter 12
56 67-4a-405, as last amended by Laws of Utah 2002, Chapter 256
57 77-2-4.2, as last amended by Laws of Utah 2006, Chapter 315

58 77-2a-3, as last amended by Laws of Utah 2006, Chapter 341
59 77-37-3, as last amended by Laws of Utah 2005, Chapter 13
60 77-38-3, as last amended by Laws of Utah 2003, Chapter 171
61 77-38-302, as renumbered and amended by Laws of Utah 2008, Chapter 3
62 ENACTS:
63 63M-7-511.5, Utah Code Annotated 1953
64 63M-7-521.5, Utah Code Annotated 1953
65 REPEALS:
66 63-25a-420, as renumbered and amended by Laws of Utah 1996, Chapter 242
67
68 Be it enacted by the Legislature of the state of Utah:
69 Section 1. Section 26-1-30 is amended to read:
70 26-1-30. Powers and duties of department.
71 (1) The department shall:
72 (a) enter into cooperative agreements with the Department of Environmental Quality to
73 delineate specific responsibilities to assure that assessment and management of risk to human
74 health from the environment are properly administered; and
75 (b) consult with the Department of Environmental Quality and enter into cooperative
76 agreements, as needed, to ensure efficient use of resources and effective response to potential
77 health and safety threats from the environment, and to prevent gaps in protection from potential
78 risks from the environment to specific individuals or population groups.
79 (2) In addition to all other powers and duties of the department, it shall have and
80 exercise the following powers and duties:
81 (a) promote and protect the health and wellness of the people within the state;
82 (b) establish, maintain, and enforce rules necessary or desirable to carry out the
83 provisions and purposes of this title to promote and protect the public health or to prevent
84 disease and illness;
85 (c) investigate and control the causes of epidemic, infectious, communicable, and other

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

114 (n) cooperate with the Labor Commission to conduct studies of occupational health
115 hazards and occupational diseases arising in and out of employment in industry, and make
116 recommendations for elimination or reduction of the hazards;
117 (o) cooperate with the local health departments, the Department of Corrections, the
118 Administrative Office of the Courts, the Division of Juvenile Justice Services, and the Crime
119 [Victims] Victim Reparations Board to conduct testing for HIV infection of convicted sexual
120 offenders and any victims of a sexual offense;
121 (p) investigate the cause of maternal and infant mortality;
122 (q) establish, maintain, and enforce a procedure requiring the blood of adult pedestrians
123 and drivers of motor vehicles killed in highway accidents be examined for the presence and
124 concentration of alcohol;
125 (r) provide the commissioner of public safety with monthly statistics reflecting the
126 results of the examinations provided for in Subsection (2)(q) and provide safeguards so that
127 information derived from the examinations is not used for a purpose other than the compilation
128 of statistics authorized in this Subsection (2)(r);
129 (s) establish qualifications for individuals permitted to draw blood pursuant to Section
130 41-6a-523 , and to issue permits to individuals it finds qualified, which permits may be
131 terminated or revoked by the department;
132 (t) establish a uniform public health program throughout the state which includes
133 continuous service, employment of qualified employees, and a basic program of disease control,
134 vital and health statistics, sanitation, public health nursing, and other preventive health programs
135 necessary or desirable for the protection of public health;
136 (u) adopt rules and enforce minimum sanitary standards for the operation and
137 maintenance of:
138 (i) orphanages;
139 (ii) boarding homes;
140 (iii) summer camps for children;
141 (iv) lodging houses;

142 (v) hotels;
143 (vi) restaurants and all other places where food is handled for commercial purposes,
144 sold, or served to the public;
145 (vii) tourist and trailer camps;
146 (viii) service stations;
147 (ix) public conveyances and stations;
148 (x) public and private schools;
149 (xi) factories;
150 (xii) private sanatoria;
151 (xiii) barber shops;
152 (xiv) beauty shops;
153 (xv) physicians' offices;
154 (xvi) dentists' offices;
155 (xvii) workshops;
156 (xviii) industrial, labor, or construction camps;
157 (xix) recreational resorts and camps;
158 (xx) swimming pools, public baths, and bathing beaches;
159 (xxi) state, county, or municipal institutions, including hospitals and other buildings,
160 centers, and places used for public gatherings; and
161 (xxii) of any other facilities in public buildings and on public grounds;
162 (v) conduct health planning for the state;
163 (w) monitor the costs of health care in the state and foster price competition in the
164 health care delivery system;
165 (x) adopt rules for the licensure of health facilities within the state pursuant to Title 26,
166 Chapter 21, Health Care Facility Licensing and Inspection Act;
167 (y) license the provision of child care;
168 (z) accept contributions to and administer the funds contained in the Organ Donation
169 Contribution Fund created in Section 26-18b-101 ; and

170 (aa) serve as the collecting agent, on behalf of the state, for the nursing care facility
171 assessment fee imposed under Title 26, Chapter 35a, Nursing Care Facility Assessment Act, and
172 adopt rules for the enforcement and administration of the nursing facility assessment consistent
173 with the provisions of Title 26, Chapter 35a.
174 Section 2. Section 26A-1-114 is amended to read:
175 26A-1-114. Powers and duties of departments.
176 (1) A local health department may:
177 (a) subject to the provisions in Section 26A-1-108 , enforce state laws, local ordinances,
178 department rules, and local health department standards and regulations relating to public health
179 and sanitation, including the plumbing code adopted by the Division of Occupational and
180 Professional Licensing under Section 58-56-4 and under Title 26, Chapter 15a, Food Safety
181 Manager Certification Act, in all incorporated and unincorporated areas served by the local
182 health department;
183 (b) establish, maintain, and enforce isolation and quarantine, and exercise physical
184 control over property and over individuals as the local health department finds necessary for the
185 protection of the public health;
186 (c) establish and maintain medical, environmental, occupational, and other laboratory
187 services considered necessary or proper for the protection of the public health;
188 (d) establish and operate reasonable health programs or measures not in conflict with
189 state law [that] which:
190 (i) are necessary or desirable for the promotion or protection of the public health and
191 the control of disease; or
192 (ii) may be necessary to ameliorate the major risk factors associated with the major
193 causes of injury, sickness, death, and disability in the state;
194 (e) close theaters, schools, and other public places and prohibit gatherings of people
195 when necessary to protect the public health;
196 (f) abate nuisances or eliminate sources of filth and infectious and communicable
197 diseases affecting the public health and bill the owner or other person in charge of the premises

198 upon which this nuisance occurs for the cost of abatement;
199 (g) make necessary sanitary and health investigations and inspections on its own
200 initiative or in cooperation with the Department of Health or Environmental Quality, or both, as
201 to any matters affecting the public health;
202 (h) pursuant to county ordinance or interlocal agreement:
203 (i) establish and collect appropriate fees for the performance of services and operation
204 of authorized or required programs and duties;
205 (ii) accept, use, and administer all federal, state, or private donations or grants of funds,
206 property, services, or materials for public health purposes; and
207 (iii) make agreements not in conflict with state law [that] which are conditional to
208 receiving a donation or grant;
209 (i) prepare, publish, and disseminate information necessary to inform and advise the
210 public concerning:
211 (i) the health and wellness of the population, specific hazards, and risk factors that may
212 adversely affect the health and wellness of the population; and
213 (ii) specific activities individuals and institutions can engage in to promote and protect
214 the health and wellness of the population;
215 (j) investigate the causes of morbidity and mortality;
216 (k) issue notices and orders necessary to carry out this part;
217 (l) conduct studies to identify injury problems, establish injury control systems, develop
218 standards for the correction and prevention of future occurrences, and provide public
219 information and instruction to special high risk groups;
220 (m) cooperate with boards created under Section 19-1-106 to enforce laws and rules
221 within the jurisdiction of the boards;
222 (n) cooperate with the state health department, the Department of Corrections, the
223 Administrative Office of the Courts, the Division of Juvenile Justice Services, and the Crime
224 [Victims] Victim Reparations Board to conduct testing for HIV infection of convicted sexual
225 offenders and any victims of a sexual offense;

226 (o) investigate suspected bioterrorism and disease pursuant to Section 26-23b-108 ; and
227 (p) provide public health assistance in response to a national, state, or local emergency,
228 a public health emergency as defined in Section 26-23b-102 , or a declaration by the President of
229 the United States or other federal official requesting public health-related activities.
230 (2) The local health department shall:
231 (a) establish programs or measures to promote and protect the health and general
232 wellness of the people within the boundaries of the local health department;
233 (b) investigate infectious and other diseases of public health importance and implement
234 measures to control the causes of epidemic and communicable diseases and other conditions
235 significantly affecting the public health which may include involuntary testing of convicted
236 sexual offenders for the HIV infection pursuant to Section 76-5-502 and voluntary testing of
237 victims of sexual offenses for HIV infection pursuant to Section 76-5-503 ;
238 (c) cooperate with the department in matters pertaining to the public health and in the
239 administration of state health laws; and
240 (d) coordinate implementation of environmental programs to maximize efficient use of
241 resources by developing with the Department of Environmental Quality a Comprehensive
242 Environmental Service Delivery Plan [that] which:
243 (i) recognizes that the Department of Environmental Quality and local health
244 departments are the foundation for providing environmental health programs in the state;
245 (ii) delineates the responsibilities of the department and each local health department for
246 the efficient delivery of environmental programs using federal, state, and local authorities,
247 responsibilities, and resources;
248 (iii) provides for the delegation of authority and pass through of funding to local health
249 departments for environmental programs, to the extent allowed by applicable law, identified in
250 the plan, and requested by the local health department; and
251 (iv) is reviewed and updated annually.
252 (3) The local health department has the following duties regarding public and private
253 schools within its boundaries:

254 (a) enforce all ordinances, standards, and regulations pertaining to the public health of
255 persons attending public and private schools;
256 (b) exclude from school attendance any person, including teachers, who is suffering
257 from any communicable or infectious disease, whether acute or chronic, if the person is likely to
258 convey the disease to those in attendance; and
259 (c) (i) make regular inspections of the health-related condition of all school buildings
260 and premises;
261 (ii) report the inspections on forms furnished by the department to those responsible for
262 the condition and provide instructions for correction of any conditions that impair or endanger
263 the health or life of those attending the schools; and
264 (iii) provide a copy of the report to the department at the time the report is made.
265 (4) If those responsible for the health-related condition of the school buildings and
266 premises do not carry out any instructions for corrections provided in a report in Subsection
267 (3)(c), the local health board shall cause the conditions to be corrected at the expense of the
268 persons responsible.
269 (5) The local health department may exercise incidental authority as necessary to carry
270 out the provisions and purposes of this part.
271 Section 3. Section 53-1-106 is amended to read:
272 53-1-106. Department duties -- Powers.
273 (1) In addition to the responsibilities contained in this title, the department shall:
274 (a) make rules and perform the functions specified in Title 41, Chapter 6a, Traffic Code,
275 including:
276 (i) setting performance standards for towing companies to be used by the department,
277 as required by Section 41-6a-1406 ; and
278 (ii) advising the Department of Transportation regarding the safe design and operation
279 of school buses, as required by Section 41-6a-1304 ;
280 (b) make rules to establish and clarify standards pertaining to the curriculum and
281 teaching methods of a motor vehicle accident prevention course under Section 31A-19a-211 ;

282 (c) aid in enforcement efforts to combat drug trafficking;
283 (d) meet with the Department of Technology Services to formulate contracts, establish
284 priorities, and develop funding mechanisms for dispatch and telecommunications operations;
285 (e) provide assistance to the Crime [Victims'] Victim Reparations Board and Office of
286 Crime Victim Reparations [Office] in conducting research or monitoring victims' programs, as
287 required by Section 63-25a-405 ;
288 (f) develop sexual assault exam protocol standards in conjunction with the Utah
289 Hospital Association;
290 (g) engage in emergency planning activities, including preparation of policy and
291 procedure and rulemaking necessary for implementation of the federal Emergency Planning and
292 Community Right to Know Act of 1986, as required by Section 63-5-5 ;
293 (h) implement the provisions of Section 53-2-202 , the Emergency Management
294 Assistance Compact; and
295 (i) (i) maintain a database of the information listed below regarding each driver license
296 or state identification card status check made by a law enforcement officer:
297 (A) the agency employing the law enforcement officer;
298 (B) the name of the law enforcement officer or the identifying number the agency has
299 assigned to the law enforcement officer;
300 (C) the race and gender of the law enforcement officer;
301 (D) the purpose of the law enforcement officer's status check, including but not limited
302 to a traffic stop or a pedestrian stop; and
303 (E) the race of the individual regarding whom the status check is made, based on the
304 information provided through the application process under Section 53-3-205 or 53-3-804 ;
305 (ii) provide access to the database created in Subsection (1)(i)(i) to the Commission on
306 Criminal and Juvenile Justice for the purpose of:
307 (A) evaluating the data;
308 (B) evaluating the effectiveness of the data collection process; and
309 (C) reporting and making recommendations to the Legislature; and

310 (iii) classify any personal identifying information of any individual, including law
311 enforcement officers, in the database as protected records under Subsection 63-2-304 (9).
312 (2) (a) The department may establish a schedule of fees as required or allowed in this
313 title for services provided by the department.
314 (b) The fees shall be established in accordance with Section 63-38-3.2 .
315 (3) The department may establish or contract for the establishment of an Organ
316 Procurement Donor Registry in accordance with Section 26-28-120 .
317 Section 4. Section 53-6-213 is amended to read:
318 53-6-213. Appropriations from reparation fund.
319 (1) The Legislature shall appropriate from the fund established in Title 63, Chapter 25a,
320 Part 4, [the] Crime [Victims'] Victim Reparations Act, to the division, funds for training of law
321 enforcement officers in the state.
322 (2) The department shall make an annual report to the Legislature, which includes the
323 amount received during the previous fiscal year.
324 Section 5. Section 63-25a-401 is amended to read:
325 CHAPTER 25a. CRIME VICTIM REPARATIONS ACT
326 63-25a-401. Title.
327 This part is known as the "Crime [Victims'] Victim Reparations Act" and may be
328 abbreviated as the "CVRA."
329 Section 6. Section 63-25a-402 is amended to read:
330 63-25a-402. Definitions.
331 As used in this chapter:
332 (1) "Accomplice" means a person who has engaged in criminal conduct as defined in
333 Section 76-2-202 .
334 (2) "Board" means the Crime [Victims'] Victim Reparations Board created under
335 Section 63-25a-404 .
336 (3) "Bodily injury" means physical pain, illness, or any impairment of physical condition.
337 (4) "Claim" means:

338 (a) the victim's application or request for a reparations award; and
339 (b) the formal action taken by a victim to apply for reparations pursuant to Sections
340 63-25a-401 through 63-25a-428 .
341 (5) "Claimant" means any of the following claiming reparations under this chapter:
342 (a) a victim;
343 (b) a dependent of a deceased victim;
344 (c) a representative other than a collateral source; or
345 (d) the person or representative who files a claim on behalf of a victim.
346 (6) "Child" means an unemancipated person who is under 18 years of age.
347 (7) "Collateral source" means the definition as provided in Section 63-25a-413 .
348 (8) "Contested case" means a case which the claimant contests, claiming the award was
349 either inadequate or denied, or which a county attorney, a district attorney, a law enforcement
350 officer, or other individual related to the criminal investigation proffers reasonable evidence of
351 the claimant's lack of cooperation in the prosecution of a case after an award has already been
352 given.
353 (9) (a) "Criminally injurious conduct" other than acts of war declared or not declared
354 means conduct that:
355 (i) is or would be subject to prosecution in this state under Section 76-1-201 ;
356 (ii) occurs or is attempted;
357 (iii) causes, or poses a substantial threat of causing, bodily injury or death;
358 (iv) is punishable by fine, imprisonment, or death if the person engaging in the conduct
359 possessed the capacity to commit the conduct; and
360 (v) does not arise out of the ownership, maintenance, or use of a motor vehicle, aircraft,
361 or water craft, unless the conduct is intended to cause bodily injury or death, or is conduct
362 which is or would be punishable under Title 76, Chapter 5, Offenses Against the Person, or as
363 any offense chargeable as driving under the influence of alcohol or drugs.
364 (b) "Criminally injurious conduct" includes an act of terrorism, as defined in 18 U.S.C.
365 2331 committed outside of the United States against a resident of this state. "Terrorism" does

366 not include an "act of war" as defined in 18 U.S.C. 2331.
367 (10) "Dependent" means a natural person to whom the victim is wholly or partially
368 legally responsible for care or support and includes a child of the victim born after his death.
369 (11) "Dependent's economic loss" means loss after the victim's death of contributions of
370 things of economic value to his dependent, not including services the dependent would have
371 received from the victim if he had not suffered the fatal injury, less expenses of the dependent
372 avoided by reason of victim's death.
373 (12) "Dependent's replacement services loss" means loss reasonably and necessarily
374 incurred by the dependent after the victim's death in obtaining services in lieu of those the
375 decedent would have performed for his benefit if he had not suffered the fatal injury, less
376 expenses of the dependent avoided by reason of the victim's death and not subtracted in
377 calculating the dependent's economic loss.
378 (13) "Director" means the director of the Office of Crime Victim Reparations [Office].
379 (14) "Disposition" means the sentencing or determination of penalty or punishment to
380 be imposed upon a person:
381 (a) convicted of a crime;
382 (b) found delinquent; or
383 (c) against whom a finding of sufficient facts for conviction or finding of delinquency is
384 made.
385 (15) "Economic loss" means economic detriment consisting only of allowable expense,
386 work loss, replacement services loss, and if injury causes death, dependent's economic loss and
387 dependent's replacement service loss. Noneconomic detriment is not loss, but economic
388 detriment is loss although caused by pain and suffering or physical impairment.
389 (16) "Elderly victim" means a person 60 years of age or older who is a victim.
390 (17) "Fraudulent claim" means a filed claim based on material misrepresentation of fact
391 and intended to deceive the reparations staff for the purpose of obtaining reparation funds for
392 which the claimant is not eligible as provided in Section 63-25a-410 .
393 (18) "Fund" means the Crime Victim [Reparation] Reparations Fund created in Section

394 63-63a-4 .
395 (19) "Law enforcement officer" means a law enforcement officer as defined in Section
396 53-13-103 .
397 (20) "Medical examination" means a physical examination necessary to document
398 criminally injurious conduct but does not include mental health evaluations for the prosecution
399 and investigation of a crime.
400 (21) "Mental health counseling" means outpatient and inpatient counseling necessitated
401 as a result of criminally injurious conduct. The definition of mental health counseling is subject
402 to rules promulgated by the board pursuant to Title 63, Chapter 46a, Utah Administrative
403 Rulemaking Act.
404 (22) "Misconduct" as provided in Subsection 63-25a-412 (1)(b) means conduct by the
405 victim which was attributable to the injury or death of the victim as provided by rules
406 promulgated by the board pursuant to Title 63, Chapter 46a, Utah Administrative Rulemaking
407 Act.
408 (23) "Noneconomic detriment" means pain, suffering, inconvenience, physical
409 impairment, and other nonpecuniary damage, except as provided in this chapter.
410 (24) "Pecuniary loss" does not include loss attributable to pain and suffering except as
411 otherwise provided in this chapter.
412 (25) "Offender" means a person who has violated the criminal code through criminally
413 injurious conduct regardless of whether he is arrested, prosecuted, or convicted.
414 (26) "Offense" means a violation of the criminal code.
415 (27) "Office of Crime Victim Reparations" or "office" means the office of the
416 reparations staff for the purpose of carrying out the provisions of this chapter.
417 [(27)] (28) "Perpetrator" means the person who actually participated in the criminally
418 injurious conduct.
419 [(28)] (29) "Personal property" has the same definition as provided in Section 68-3-12 .
420 [(29) "Reparations Office" means the office of the reparations staff for the purpose of
421 carrying out this chapter.]

422 (30) "Reparations officer" means a person employed by the [Reparations] office to
423 investigate claims of victims and award reparations under this chapter, and includes the director
424 when he is acting as a reparations officer.
425 (31) "Reparations staff" means the director, the reparations officers, and any other staff
426 employed to administer the Crime [Victims'] Victim Reparations Act.
427 (32) "Replacement service loss" means expenses reasonably and necessarily incurred in
428 obtaining ordinary and necessary services in lieu of those the injured person would have
429 performed, not for income but the benefit of himself or his dependents if he had not been
430 injured.
431 (33) "Representative" means the victim, immediate family member, legal guardian,
432 attorney, conservator, executor, or an heir of a person but does not include service providers.
433 (34) "Restitution" means money or services an appropriate authority orders an offender
434 to pay or render to a victim of the offender's conduct.
435 (35) "Secondary victim" means a person who is traumatically affected by the criminally
436 injurious conduct subject to rules promulgated by the board pursuant to Title 63, Chapter 46a,
437 Utah Administrative Rulemaking Act.
438 (36) "Service provider" means a person or agency who provides a service to crime
439 victims for a monetary fee except attorneys as provided in Section 63-25a-424 .
440 (37) (a) "Victim" means a person who suffers bodily or psychological injury or death as
441 a direct result of criminally injurious conduct or of the production of pornography in violation
442 of Sections 76-5a-1 through 76-5a-4 if the person is a minor.
443 (b) "Victim" does not include a person who participated in or observed the judicial
444 proceedings against an offender unless otherwise provided by statute or rule.
445 (c) "Victim" includes a resident of this state who is injured or killed by an act of
446 terrorism, as defined in 18 U.S.C. 2331, committed outside of the United States.
447 (38) "Work loss" means loss of income from work the injured victim would have
448 performed if he had not been injured and expenses reasonably incurred by him in obtaining
449 services in lieu of those he would have performed for income, reduced by any income from

450 substitute work he was capable of performing but unreasonably failed to undertake.
451 Section 7. Section 63-25a-403 is amended to read:
452 63-25a-403. Restitution -- Reparations not to supplant restitution -- Assignment
453 of claim for restitution judgment to reparations office.
454 (1) A reparations award [shall] may not supplant restitution as established under Title
455 77, Chapter 38a, Crime Victims Restitution Act, or as established by any other provisions.
456 (2) The court [shall] may not [consider a reparations award when determining the]
457 reduce an order of restitution [nor when enforcing restitution] based on a reparations award.
458 (3) If, due to reparation payments to a victim, the Office of Crime Victim Reparations
459 [Office] is assigned under Section 63-25a-419 a claim for the victim's judgment for restitution
460 or a portion of the restitution, the [Reparations] office may file with the sentencing court a
461 notice of the assignment. The notice of assignment shall be signed by the victim and a
462 reparations officer and shall state the amount of the claim assigned.
463 (4) Upon conviction and sentencing of the defendant, the court shall enter a civil
464 judgment for complete restitution as provided in Section 77-38a-401 and identify the
465 [Reparations] office as the assignee of the assigned portion of the judgment.
466 (5) If the notice of assignment is filed after sentencing, the court shall modify the civil
467 judgment for restitution to identify the [Reparations] office as the assignee of the assigned
468 portion of the judgment.
469 Section 8. Section 63-25a-404 is amended to read:
470 63-25a-404. Crime Victim Reparations Board -- Members.
471 (1) (a) A Crime [Victims'] Victim Reparations Board is created, consisting of seven
472 members appointed by the governor with the consent of the Senate.
473 (b) The membership of the board shall consist of:
474 (i) a member of the bar of this state;
475 (ii) a victim of criminally injurious conduct;
476 (iii) a licensed physician;
477 (iv) a representative of law enforcement;

478 (v) a mental health care provider; and
479 (vi) two other private citizens.
480 (c) The governor may appoint a chair of the board who shall serve for a period of time
481 prescribed by the governor, not to exceed the length of the chair's term. The board may elect a
482 vice chair to serve in the absence of the chair.
483 (d) The board may hear appeals from administrative decisions as provided in rules
484 adopted pursuant to Section 63-25a-415 .
485 (2) (a) Except as required by Subsection (2)(b), as terms of current board members
486 expire, the governor shall appoint each new member or reappointed member to a four-year
487 term.
488 (b) Notwithstanding the requirements of Subsection (2)(a), the governor shall, at the
489 time of appointment or reappointment, adjust the length of terms to ensure that the terms of
490 board members are staggered so that approximately half of the board is appointed every two
491 years.
492 (c) A member may be reappointed to one successive term.
493 (3) (a) When a vacancy occurs in the membership for any reason, the replacement shall
494 be appointed for the unexpired term.
495 (b) A member resigning from the board shall serve until his successor is appointed and
496 qualified.
497 (4) (a) (i) Members who are not government employees shall receive no compensation
498 or benefits for their services, but may receive per diem and expenses incurred in the
499 performance of the member's official duties at the rates established by the Division of Finance
500 under Sections 63A-3-106 and 63A-3-107 .
501 (ii) Members may decline to receive per diem and expenses for their service.
502 (b) (i) State government officer and employee members who do not receive salary, per
503 diem, or expenses from their agency for their service may receive per diem and expenses
504 incurred in the performance of their official duties from the board at the rates established by the
505 Division of Finance under Sections 63A-3-106 and 63A-3-107 .

506 (ii) State government officer and employee members may decline to receive per diem
507 and expenses for their service.
508 (5) The board shall meet at least once quarterly but may meet more frequently as
509 necessary.
510 Section 9. Section 63-25a-405 is amended to read:
511 63-25a-405. Board and office within Commission on Criminal and Juvenile
512 Justice.
513 (1) The Crime [Victims'] Victim Reparations Board and Office of Crime Victim
514 Reparations [Office] are placed within the Commission on Criminal and Juvenile Justice for the
515 provision by the commission of administrative and support services [to the Reparations Office].
516 (2) The board or the director may request assistance from the Commission on Criminal
517 and Juvenile Justice, the Department of Public Safety, and other state agencies in conducting
518 research or monitoring victims' programs.
519 [(3) The fund shall appear as a separate line item in the Commission on Criminal and
520 Juvenile Justice budget.]
521 Section 10. Section 63-25a-407 is amended to read:
522 63-25a-407. Director -- Appointment and functions.
523 The executive director of the Commission on Criminal and Juvenile Justice, after
524 consulting with the board, shall appoint a director to carry out the provisions of this chapter.
525 The director shall be an experienced administrator with a background in at least one of the
526 following fields: social work, psychology, criminal justice, law, or a related field. The director
527 shall demonstrate an understanding of the needs of crime victims and of services to victims.
528 The director shall devote his time and capacity to his duties. The director shall:
529 (1) hire staff, including reparations officers, as necessary;
530 (2) act when necessary as a reparations officer in deciding initial claims;
531 (3) possess the same investigation and decision-making authority as the reparations
532 officers;
533 (4) hear appeals from the decisions of the reparations officers, unless he acted as a

534 reparations officer on the initial claim;
535 (5) serve as a liaison between [the reparations staff and] the Office of Crime Victim
536 Reparations [Office] and the board;
537 (6) serve as the public relations representative of the [Reparations] office;
538 (7) provide for payment of all administrative salaries, fees, and expenses incurred by the
539 staff of the board, to be paid out of appropriations from the fund;
540 (8) cooperate with the state treasurer and the state Division of Finance in causing the
541 funds in the trust fund to be invested and its investments sold or exchanged and the proceeds
542 and income collected;
543 (9) apply for, receive, allocate, disburse, and account for grants of funds made available
544 by the United States, the state, foundations, corporations, and other businesses, agencies, or
545 individuals;
546 (10) obtain and utilize the services of other governmental agencies upon request; and
547 (11) act in any other capacity or perform any other acts necessary for the [Reparations]
548 office or board to successfully fulfill its statutory objectives.
549 Section 11. Section 63-25a-408 is amended to read:
550 63-25a-408. Reparations officers.
551 The reparations officers shall in addition to any assignments made by the director of the
552 Office of Crime Victim Reparations [Office]:
553 (1) hear and determine all matters relating to claims for reparations and reinvestigate or
554 reopen claims without regard to statutes of limitation or periods of prescription;
555 (2) obtain from prosecuting attorneys, law enforcement officers, and other criminal
556 justice agencies, investigations and data to enable the reparations officer to determine whether
557 and to what extent a claimant qualifies for reparations;
558 (3) as determined necessary by the reparations officers, hold hearings, administer oaths
559 or affirmations, examine any person under oath or affirmation, issue subpoenas requiring the
560 attendance and giving of testimony of witnesses, require the production of any books, papers,
561 documents, or other evidence which may contribute to the reparations officer's ability to

562 determine particular reparation awards;
563 (4) determine who is a victim or dependent;
564 (5) award reparations or other benefits determined to be due under this chapter and the
565 rules of the board;
566 (6) take notice of judicially recognized facts and general, technical, and scientific facts
567 within their specialized knowledge;
568 (7) advise and assist the board in developing policies recognizing the rights, needs, and
569 interests of crime victims;
570 (8) render periodic reports as requested by the board concerning:
571 (a) the officers' activities; and
572 (b) the manner in which the rights, needs, and interests of crime victims are being
573 addressed by the state's criminal justice system;
574 (9) establish priorities for assisting elderly victims of crime or those victims facing
575 extraordinary hardships;
576 (10) cooperate with the Commission on Criminal and Juvenile Justice to develop
577 information regarding crime victims' problems and programs; and
578 (11) assist the director in publicizing the provisions of the Crime [Victims'] Victim
579 Reparations Act, including the procedures for obtaining reparation, and in encouraging law
580 enforcement agencies, health providers, and other related officials to take reasonable care to
581 ensure that victims are informed about the provisions of this chapter and the procedure for
582 applying for reparation.
583 Section 12. Section 63-25a-409 is amended to read:
584 63-25a-409. Grounds for eligibility.
585 In order to be eligible for a reparations award under this chapter:
586 (1) The claimant shall be:
587 (a) a victim of criminally injurious conduct;
588 (b) a dependent of a deceased victim of criminally injurious conduct; or
589 (c) a representative acting on behalf of one of the above.

590 (2) (a) The [victim shall be either a resident of Utah or the] criminally injurious conduct
591 shall have occurred in Utah, except as provided in Subsection (2)(b).
592 (b) If a Utah resident suffers injury or death as a result of criminally injurious conduct
593 inflicted in a state, territory, or country which does not provide a crime victims' compensation
594 program, that person shall receive the same consideration under this chapter as if the criminally
595 injurious conduct occurred in this state.
596 (3) The application shall be made in writing in a form that conforms substantially to that
597 prescribed by the board.
598 (4) The criminally injurious conduct shall be reported to a law enforcement officer, in
599 his capacity as a law enforcement officer, or other federal or state investigative agencies.
600 (5) (a) The claimant or victim shall cooperate with the appropriate law enforcement
601 agencies and prosecuting attorneys in their efforts to apprehend or convict the perpetrator of
602 the alleged offense.
603 (b) An award to a victim may be made whether any person is arrested, prosecuted, or
604 convicted of the criminally injurious conduct giving rise to the claim.
605 (6) The criminally injurious conduct shall have occurred after December 31, 1986.
606 Section 13. Section 63-25a-410 is amended to read:
607 63-25a-410. Ineligible persons -- Fraudulent claims -- Penalties.
608 (1) The following individuals [shall] are not [be] eligible to receive an award of
609 reparations:
610 (a) persons who do not meet all of the provisions set forth in Section 63-25a-409 ;
611 (b) the offender;
612 (c) an accomplice of the offender;
613 (d) any person whose receipt of an award would unjustly benefit the offender,
614 accomplice, or other person reasonably suspected of participating in the offense;
615 (e) the victim of a motor vehicle injury who was the owner or operator of the motor
616 vehicle and was not at the time of the injury in compliance with the state motor vehicle
617 insurance laws;

618 (f) any convicted offender serving a sentence of imprisonment [for that conviction or
619 residing in any other institution which provides for the maintenance of convicted persons] in any
620 prison or jail or residing in any other correctional facility; [and]
621 (g) [residents of halfway houses or any other correctional facilities and] all persons who
622 are on probation or parole if the circumstances surrounding the offense of which they are
623 victims constitute a violation of their parole or probation[.]; and
624 (h) any person whose injuries are the result of criminally injurious conduct which
625 occurred in a prison, jail, or any other correctional facility while the person was serving a
626 sentence of imprisonment.
627 (2) A person who knowingly submits a fraudulent claim for reparations or who
628 knowingly misrepresents material facts in making a claim, and who receives an award based on
629 that claim, is guilty of an offense, based on the following award amounts:
630 (a) for value under $300, a class B misdemeanor;
631 (b) for value equal to or greater than $300, but less than $1,000, a class A
632 misdemeanor;
633 (c) for value equal to or greater than $1,000, but less than $5,000, a third degree felony;
634 and
635 (d) for value equal to or greater than $5,000, a second degree felony.
636 (3) A person who submits a claim described in Subsection (2) but receives no award
637 based on that claim is guilty of a class B misdemeanor.
638 (4) The state attorney general may prosecute violations under this section or may make
639 arrangements with county attorneys for the prosecution of violations under this section when
640 the attorney general cannot conveniently prosecute.
641 (5) The state may also bring a civil action against a claimant who receives reparation
642 payments that are later found to be unjustified and who does not return to the [board] Crime
643 Victim Reparations Fund the unjustified amount.
644 Section 14. Section 63-25a-411 is amended to read:
645 63-25a-411. Compensable losses and amounts.

646 A reparations award under this chapter may be made if:
647 (1) the reparations officer finds the claim satisfies the requirements for the award under
648 the provisions of this chapter and the rules of the board;
649 (2) monies are available in the fund;
650 (3) the person for whom the award of reparations is to be paid is otherwise eligible
651 under this [act;] part; and
652 (4) the claim is for an allowable expense incurred by the victim, as follows:
653 (a) reasonable and necessary charges incurred for products, services, and
654 accommodations;
655 (b) inpatient and outpatient medical treatment and physical therapy, subject to rules
656 promulgated by the board pursuant to Title 63, Chapter 46a, Utah Administrative Rulemaking
657 Act;
658 (c) mental health counseling which:
659 (i) is set forth in a mental health treatment plan which has been approved prior to any
660 payment by a reparations officer; and
661 (ii) qualifies within any further rules promulgated by the board pursuant to Title 63,
662 Chapter 46a, Utah Administrative Rulemaking Act;
663 (d) actual loss of past earnings and anticipated loss of future earnings because of a
664 death or disability resulting from the personal injury at a rate not to exceed 66-2/3% of the
665 person's weekly gross salary or wages or the maximum amount allowed under the state workers'
666 compensation statute;
667 (e) care of minor children enabling a victim or spouse of a victim, but not both of them,
668 to continue gainful employment at a rate per child per week as determined under rules
669 established by the board;
670 (f) funeral and burial expenses for death caused by the criminally injurious conduct,
671 subject to rules promulgated by the board pursuant to Title 63, Chapter 46a, Utah
672 Administrative Rulemaking Act;
673 (g) loss of support to the dependent or dependents not otherwise compensated for a

674 pecuniary loss for personal injury, for as long as the dependence would have existed had the
675 victim survived, at a rate not to exceed 66-2/3% of the person's weekly salary or wages or the
676 maximum amount allowed under the state workers' compensation statute, whichever is less;
677 (h) personal property necessary and essential to the health or safety of the victim as
678 defined by rules promulgated by the board pursuant to Title 63, Chapter 46a, Utah
679 Administrative Rulemaking Act; and
680 (i) medical examinations as defined in Section 63-25a-402 , subject to rules promulgated
681 by the board pursuant to Title 63, Chapter 46a, Utah Administrative Rulemaking Act, which
682 may allow for exemptions from Sections 63-25a-409 , 63-25a-412 , and 63-25a-413 .
683 [(5) If a Utah resident suffers injury or death as a result of criminally injurious conduct
684 inflicted in a state, territory, or country that does not provide a reciprocal crime victims'
685 compensation program, the Utah resident has the same rights under this chapter as if the
686 injurious conduct occurred in this state.]
687 [(6) An award of reparations shall not exceed $25,000 in the aggregate unless the
688 victim is entitled to proceeds in excess of that amount as provided in Subsection 77-38a-403 (2).
689 However, reparations for actual medical expenses incurred as a result of homicide, attempted
690 homicide, aggravated assault, or DUI offenses, may be awarded up to $50,000 in the
691 aggregate.]
692 Section 15. Section 63M-7-511.5 is enacted to read:
693 63M-7-511.5. Limitation of awards.
694 (1) (a) Except as provided in Subsection (1)(b), an award of reparations may not
695 exceed $25,000 in the aggregate.
696 (b) (i) In claims involving homicide, attempted homicide, aggravated assault, or DUI
697 offenses, an award of reparations may not exceed $50,000 in the aggregate.
698 (ii) Reparations for nonmedical expenses incurred as a result of the homicide, attempted
699 homicide, aggravated assault, or DUI may not exceed $25,000.
700 (2) (a) Awards of reparations to secondary victims shall be paid from the victims'
701 maximum award amount provided in Subsection (1).

702 (b) When it appears that allowable expenses for the victim and secondary victims will
703 exceed the maximum award amount provided in Subsection (1), the expenses of the victim shall
704 be paid first unless otherwise requested by the claimant.
705 (c) Priority of payment among multiple secondary victims on a single claim shall be
706 determined by the reparations officer.
707 Section 16. Section 63-25a-412 is amended to read:
708 63-25a-412. Reparations reduction.
709 (1) Reparations otherwise payable to a claimant may be reduced or denied as follows:
710 (a) the economic loss upon which the claim is based has been or could be recouped
711 from other persons, including collateral sources[, and the victim was not entitled to nor
712 receiving monies prior to the criminally injurious conduct giving rise to the claim under this
713 chapter];
714 (b) the reparations officer considers the claim unreasonable because of the misconduct
715 of the claimant or of a victim through whom he claims; or
716 (c) the victim [had] did not [used] use a facility or health care provider [that] which
717 would be covered by a collateral source.
718 (2) When two or more dependents are entitled to an award as a result of a victim's
719 death, the award shall be apportioned by the reparations officer among the dependents.
720 Section 17. Section 63-25a-414 is amended to read:
721 63-25a-414. Notification of claimant -- Suspension of proceedings.
722 (1) The Office of Crime Victim Reparations [Office] shall immediately notify the
723 claimant in writing of any [decision] award and shall forward to the Division of Finance a
724 certified copy of the [decision] award and a warrant request for the amount of the [claim]
725 award. The Division of Finance shall pay the claimant the amount submitted to the division, out
726 of the fund. If monies in the fund are temporarily depleted, claimants [entitled] approved to
727 receive awards shall be placed on a waiting list and shall receive their awards as funds are
728 available in the order in which their [claims] awards were [awarded] approved.
729 (2) The reparations officer may suspend the proceedings pending disposition of a

730 criminal prosecution that has been commenced or is imminent.
731 Section 18. Section 63-25a-415 is amended to read:
732 63-25a-415. Rules for contested claims -- Exemption from Administrative
733 Procedures Act.
734 (1) Rules for procedures for contested determinations by a reparations officer shall be
735 adopted pursuant to Title 63, Chapter 46a, Utah Administrative Rulemaking Act.
736 (2) The Office of Crime [Victims'] Victim Reparations is exempt from Title 63, Chapter
737 46b, Administrative Procedures Act.
738 Section 19. Section 63-25a-419 is amended to read:
739 63-25a-419. Assignment of recovery -- Reimbursement.
740 (1) By accepting an award of reparations, the victim automatically assigns to the state,
741 subject to the provisions of Subsection (2), all claims against any third party to the lesser of:
742 (a) the amount paid by the state; or
743 (b) the amount recovered from the third party.
744 (2) The board, with the concurrence of the director, may reduce the state's right of
745 reimbursement if it is determined that:
746 (a) the reduction will benefit the fund[.]; or
747 (b) the victim has ongoing expenses related to the offense upon which the claim is based
748 and the benefit to the victim of reducing the state's right of reimbursement exceeds the benefit to
749 the state of receiving full reimbursement.
750 (3) The state reserves the right to make a claim for reimbursement on behalf of the
751 victim and the victim [shall] may not impair the state's claim or the state's right of
752 reimbursement.
753 Section 20. Section 63-25a-421 is amended to read:
754 63-25a-421. Award -- Payment methods -- Claims against the award.
755 (1) The reparations officer may provide for the payment of an award in a lump sum or
756 in installments. The part of an award equal to the amount of economic loss accrued to the date
757 of the award shall be paid in a lump sum. An award of allowable expense that would accrue

758 after an initial award is made may not be paid in a lump sum. Except as provided in Subsection
759 (2), the part of an award that may not be paid in a lump sum shall be paid in installments.
760 (2) At the request of the claimant, the reparations officer may convert future economic
761 loss installment payments, other than allowable expense, to a lump sum payment, discounted to
762 present value, but only upon a finding by the officer that the award in a lump sum will promote
763 the interests of the claimant.
764 (3) An award for future economic loss payable in installments may be made only for a
765 period for which the reparations officer can reasonably determine future economic loss. The
766 reparations officer may reconsider and modify an award for future economic loss payable in
767 installments, upon his finding that a material and substantial change of circumstances has
768 occurred.
769 (4) An award is not subject to execution, attachment, or garnishment, except that an
770 award for allowable expense is not exempt from a claim of a creditor to the extent that he
771 provided products, services, or accommodations, the costs of which are included in the award.
772 (5) An assignment or agreement to assign [a right to] an award of reparations for loss
773 accruing in the future is unenforceable, except:
774 (a) an assignment of [a right to] an award of reparations for work loss to secure
775 payment of alimony, maintenance, or child support;
776 (b) an assignment of [a right to] an award of reparations for allowable expense to the
777 extent that the benefits are for the cost of products, services, or accommodations necessitated
778 by the injury or death on which the claim is based and are provided or to be provided by the
779 assignee; or
780 (c) an assignment to repay a loan obtained to pay for the obligations or expenses
781 described in Subsection (5) (a) or (b).
782 Section 21. Section 63M-7-521.5 is enacted to read:
783 63M-7-521.5. Payments to medical providers.
784 (1) Except as provided in Subsection (2), a medical service provider who accepts
785 payment from the office shall agree to accept payments as payment in full on behalf of the

786 victim or claimant. The medical service provider may not attempt to collect further payment
787 from the victim or the claimant for services for which the office has made payment.
788 (2) In the event the office is unable to make full payment in accordance with its rules,
789 the medical service provider may collect from the victim or claimant, but not more than the
790 amount the provider would have received from the office.
791 (3) The office may:
792 (a) use the fee schedule utilized by the Utah Public Employees Health Plan or any other
793 fee schedule adopted by the board; and
794 (b) make rules necessary to implement the fee schedule adopted in accordance with this
795 section.
796 Section 22. Section 63-25a-428 is amended to read:
797 63-25a-428. Purpose -- Not entitlement program.
798 (1) The purpose of the Office of Crime [Victims'] Victim Reparations is [a program
799 with the purpose] to assist victims of criminally injurious conduct who may be eligible for
800 assistance from the Crime Victim Reparations Fund. Reparation to a victim is limited to the
801 monies available in the fund.
802 (2) This program is not an entitlement program. Awards may be limited or denied as
803 determined appropriate by the board. Failure to grant an award does not create a cause of
804 action against the Office of Crime [Victims'] Victim Reparations, the state, or any of its
805 subdivisions. There is no right to judicial review over the decision whether or not to grant an
806 award.
807 (3) A cause of action based on a failure to give or receive the notice required by this
808 chapter does not accrue to any person against the state, any of its agencies or local subdivisions,
809 any of their law enforcement officers or other agents or employees, or any health care or
810 medical provider or its agents or employees. The failure does not affect or alter any
811 requirement for filing or payment of a claim.
812 Section 23. Section 63-55-263 is amended to read:
813 63-55-263. Repeal dates, Titles 63 to 63E.

814 (1) Title 63, Chapter 25a, Part 3, Sentencing Commission, is repealed January 1, 2012.
815 (2) The Crime [Victims'] Victim Reparations Board, created in Section 63-25a-404 , is
816 repealed July 1, 2017.
817 (3) The Resource Development Coordinating Committee, created in Section
818 63-38d-501 , is repealed July 1, 2015.
819 (4) Title 63, Chapter 38f, Part 4, Enterprise Zone Act, is repealed July 1, 2008.
820 (5) (a) Title 63, Chapter 38f, Part 11, Recycling Market Development Zone Act, is
821 repealed July 1, 2010.
822 (b) Sections 59-7-610 and 59-10-1007 regarding tax credits for certain persons in
823 recycling market development zones, are repealed for taxable years beginning on or after
824 January 1, 2011.
825 (c) Notwithstanding Subsection (5)(b), a person may not claim a tax credit under
826 Section 59-7-610 or 59-10-1007 :
827 (i) for the purchase price of machinery or equipment described in Section 59-7-610 or
828 59-10-1007 , if the machinery or equipment is purchased on or after July 1, 2010; or
829 (ii) for an expenditure described in Subsection 59-7-610 (1)(b) or 59-10-1007 (1)(b), if
830 the expenditure is made on or after July 1, 2010.
831 (d) Notwithstanding Subsections (5)(b) and (c), a person may carry forward a tax credit
832 in accordance with Section 59-7-610 or 59-10-1007 if:
833 (i) the person is entitled to a tax credit under Section 59-7-610 or 59-10-1007 ; and
834 (ii) (A) for the purchase price of machinery or equipment described in Section 59-7-610
835 or 59-10-1007 , the machinery or equipment is purchased on or before June 30, 2010; or
836 (B) for an expenditure described in Subsection 59-7-610 (1)(b) or 59-10-1007 (1)(b), the
837 expenditure is made on or before June 30, 2010.
838 (6) Title 63, Chapter 47, Utah Commission for Women and Families, is repealed July 1,
839 2011.
840 (7) Title 63, Chapter 75, Families, Agencies, and Communities Together for Children
841 and Youth At Risk Act, is repealed July 1, 2016.

842 (8) Title 63, Chapter 88, Navajo Trust Fund, is repealed July 1, 2008.
843 (9) Title 63, Chapter 99, Utah Commission on Aging, is repealed July 1, 2009.
844 (10) Section 63A-4-204 , authorizing the Risk Management Fund to provide coverage
845 to any public school district [that] which chooses to participate, is repealed July 1, 2016.
846 (11) Section 63C-8-106 , Rural residency training program, is repealed July 1, 2015.
847 Section 24. Section 63-63a-4 is amended to read:
848 63-63a-4. Distribution of surcharge amounts.
849 (1) In this section:
850 (a) "Reparation fund" means the Crime Victim [Reparation] Reparations Fund.
851 (b) "Safety account" means the Public Safety Support Account.
852 (2) (a) There is created a restricted special revenue fund known as the "Crime Victim
853 [Reparation] Reparations Fund" to be administered and distributed as provided in this chapter
854 by the Office of Crime Victim Reparations [Office] under Title 63, Chapter 25a, Part 4, Crime
855 [Victims'] Victim Reparations Act, in cooperation with the Division of Finance.
856 (b) Monies deposited in this fund are for victim reparations, criminal justice and
857 substance abuse, other victim services, and, as appropriated, for administrative costs of the
858 Commission on Criminal and Juvenile Justice under Title 63, Chapter 25a.
859 (3) (a) There is created a restricted account in the General Fund known as the "Public
860 Safety Support Account" to be administered and distributed by the Department of Public Safety
861 in cooperation with the Division of Finance as provided in this chapter.
862 (b) Monies deposited in this account shall be appropriated to:
863 (i) the Division of Peace Officer Standards and Training (POST) as described in Title
864 53, Chapter 6, Peace Officer Standards and Training Act; and
865 (ii) the Office of the Attorney General for the support of the Utah Prosecution Council
866 established in Title 67, Chapter 5a, and the fulfillment of the council's duties.
867 (4) The Division of Finance shall allocate from the collected surcharge established in
868 Section 63-63a-1 :
869 (a) 35% to the [reparation fund] Crime Victim Reparations Fund;

870 (b) 18.5% to the safety account for POST, but not to exceed the amount appropriated
871 by the Legislature; and
872 (c) 3% to the safety account for support of the Utah Prosecution Council, but not to
873 exceed the amount appropriated by the Legislature.
874 (5) (a) In addition to the funding provided by other sections of this chapter, a
875 percentage of the income earned by inmates working for correctional industries in a federally
876 certified private sector/prison industries enhancement program shall be deposited in the
877 [reparation fund] Crime Victim Reparations Fund.
878 (b) The percentage of income deducted from inmate pay under Subsection (5)(a) shall
879 be determined by the executive director of the Department of Corrections in accordance with
880 the requirements of the private sector/prison industries enhancement program.
881 (6) (a) In addition to other monies collected from the surcharge, judges are encouraged
882 to, and may in their discretion, impose additional reparations to be paid into the [reparation
883 fund] Crime Victim Reparations Fund by convicted criminals.
884 (b) The additional discretionary reparations may not exceed the statutory maximum fine
885 permitted by Title 76, Utah Criminal Code, for that offense.
886 Section 25. Section 67-4a-405 is amended to read:
887 67-4a-405. Deposit of funds.
888 (1) (a) There is created a private-purpose trust fund entitled the "Unclaimed Property
889 Trust Fund."
890 (b) The fund consists of all funds received under this chapter, including the proceeds
891 from the sale of abandoned property.
892 (c) The fund shall earn interest.
893 (2) The administrator shall:
894 (a) pay any legitimate claims or deductions authorized by this chapter from the fund;
895 (b) before the end of the fiscal year, estimate the amount of money from the fund [that]
896 which will ultimately be needed to be paid to claimants; and
897 (c) at the end of the fiscal year, transfer any amount in excess of that amount to the

898 Uniform School Fund, except that unclaimed restitution for crime victims shall be transferred to
899 the Crime Victim [Reparation] Reparations Fund.
900 (3) Before making any transfer to the Uniform School Fund, the administrator may
901 deduct from the fund:
902 (a) amounts appropriated by the Legislature for administration of this chapter;
903 (b) any costs incurred in connection with the sale of abandoned property;
904 (c) costs of mailing and publication in connection with any abandoned property;
905 (d) reasonable service charges; and
906 (e) costs incurred in examining records of holders of property and in collecting the
907 property from those holders.
908 Section 26. Section 77-2-4.2 is amended to read:
909 77-2-4.2. Compromise of traffic charges -- Limitations.
910 (1) As used in this section:
911 (a) "Compromise" means referral of a person charged with a traffic violation to traffic
912 school or other school, class, or remedial or rehabilitative program.
913 (b) "Traffic violation" means any charge for which bail may be forfeited in lieu of
914 appearance, by citation or information, of a violation of:
915 (i) Title 41, Chapter 6a, Traffic Code, amounting to:
916 (A) a class B misdemeanor;
917 (B) a class C misdemeanor; or
918 (C) an infraction; or
919 (ii) any local traffic ordinance.
920 (2) Any compromise of a traffic violation shall be done pursuant to a plea in abeyance
921 agreement as provided in Title 77, Chapter 2a, Pleas in Abeyance, except:
922 (a) when the criminal prosecution is dismissed pursuant to Section 77-2-4 ; or
923 (b) when there is a plea by the defendant to and entry of a judgment by a court for the
924 offense originally charged or for an amended charge.
925 (3) In all cases which are compromised pursuant to the provisions of Subsection (2):

926 (a) the court, taking into consideration the offense charged, shall collect a plea in
927 abeyance fee which shall:
928 (i) be subject to the same surcharge as if imposed on a criminal fine;
929 (ii) be allocated subject to the surcharge as if paid as a criminal fine under Section
930 78-3-14.5 and a surcharge under Title 63, Chapter 63a, Crime Victim [Reparation Trust]
931 Reparations Fund, Public Safety Support Funds, Substance Abuse Prevention Account, and
932 Services for Victims of Domestic Violence Account; and
933 (iii) be not more than $25 greater than the bail designated in the Uniform Bail Schedule;
934 or
935 (b) if no plea in abeyance fee is collected, a surcharge on the fee charged for the traffic
936 school or other school, class, or rehabilitative program shall be collected, which surcharge shall:
937 (i) be computed, assessed, collected, and remitted in the same manner as if the traffic
938 school fee and surcharge had been imposed as a criminal fine and surcharge; and
939 (ii) be subject to the financial requirements contained in Title 63, Chapter 63a, Crime
940 Victim [Reparation Trust] Reparations Fund, Public Safety Support Funds, Substance Abuse
941 Prevention Account, and Services for Victims of Domestic Violence Account.
942 (4) If a written plea in abeyance agreement is provided, or the defendant requests a
943 written accounting, an itemized statement of all amounts assessed by the court shall be
944 provided, including:
945 (a) the Uniform Bail Schedule amount;
946 (b) the amount of any surcharges being assessed; and
947 (c) the amount of the plea in abeyance fee.
948 Section 27. Section 77-2a-3 is amended to read:
949 77-2a-3. Manner of entry of plea -- Powers of court.
950 (1) (a) Acceptance of any plea in anticipation of a plea in abeyance agreement shall be
951 done in full compliance with the provisions of Rule 11, Utah Rules of Criminal Procedure.
952 (b) In cases charging offenses for which bail may be forfeited, a plea in abeyance
953 agreement may be entered into without a personal appearance before a magistrate.

954 (2) A plea in abeyance agreement may provide that the court may, upon finding that the
955 defendant has successfully completed the terms of the agreement:
956 (a) reduce the degree of the offense and enter judgment of conviction and impose
957 sentence for a lower degree of offense; or
958 (b) allow withdrawal of defendant's plea and order the dismissal of the case.
959 (3) Upon finding that a defendant has successfully completed the terms of a plea in
960 abeyance agreement, the court may reduce the degree of the offense or dismiss the case only as
961 provided in the plea in abeyance agreement or as agreed to by all parties. Upon sentencing a
962 defendant for any lesser offense pursuant to a plea in abeyance agreement, the court may not
963 invoke Section 76-3-402 to further reduce the degree of the offense.
964 (4) The court may require the Department of Corrections to assist in the administration
965 of the plea in abeyance agreement as if the defendant were on probation to the court under
966 Section 77-18-1 .
967 (5) The terms of a plea in abeyance agreement may include:
968 (a) an order that the defendant pay a nonrefundable plea in abeyance fee, with a
969 surcharge based on the amount of the plea in abeyance fee, both of which shall be allocated in
970 the same manner as if paid as a fine for a criminal conviction under Section 78-3-14.5 and a
971 surcharge under Title 63, Chapter 63a, Crime Victim [Reparation Trust] Reparations Fund,
972 Public Safety Support Funds, Substance Abuse Prevention Account, and Services for Victims of
973 Domestic Violence Account, and which may not exceed in amount the maximum fine and
974 surcharge which could have been imposed upon conviction and sentencing for the same offense;
975 (b) an order that the defendant pay restitution to the victims of his actions as provided
976 in Title 77, Chapter 38a, Crime Victims Restitution Act;
977 (c) an order that the defendant pay the costs of any remedial or rehabilitative program
978 required by the terms of the agreement; and
979 (d) an order that the defendant comply with any other conditions which could have been
980 imposed as conditions of probation upon conviction and sentencing for the same offense.
981 (6) A court may not hold a plea in abeyance without the consent of both the

982 prosecuting attorney and the defendant. A decision by a prosecuting attorney not to agree to a
983 plea in abeyance is final.
984 (7) No plea may be held in abeyance in any case involving a sexual offense against a
985 victim who is under the age of 14.
986 (8) Beginning on July 1, 2008, no plea may be held in abeyance in any case involving a
987 driving under the influence violation under Section 41-6a-502 .
988 Section 28. Section 77-37-3 is amended to read:
989 77-37-3. Bill of Rights.
990 (1) The bill of rights for victims and witnesses is:
991 (a) Victims and witnesses have a right to be informed as to the level of protection from
992 intimidation and harm available to them, and from what sources, as they participate in criminal
993 justice proceedings as designated by Section 76-8-508 , regarding witness tampering, and
994 Section 76-8-509 , regarding threats against a victim. Law enforcement, prosecution, and
995 corrections personnel have the duty to timely provide this information in a form [that] which is
996 useful to the victim.
997 (b) Victims and witnesses, including children and their guardians, have a right to be
998 informed and assisted as to their role in the criminal justice process. All criminal justice
999 agencies have the duty to provide this information and assistance.
1000 (c) Victims and witnesses have a right to clear explanations regarding relevant legal
1001 proceedings; these explanations shall be appropriate to the age of child victims and witnesses.
1002 All criminal justice agencies have the duty to provide these explanations.
1003 (d) Victims and witnesses should have a secure waiting area that does not require them
1004 to be in close proximity to defendants or the family and friends of defendants. Agencies
1005 controlling facilities shall, whenever possible, provide this area.
1006 (e) Victims [are entitled to] may seek restitution or reparations, including medical costs,
1007 as provided in Title 63, Chapter 25a, Criminal Justice and Substance Abuse, and Sections
1008 [ 62A-7-109 ] 62A-7-109.5 , 77-38a-302 , and 77-27-6 . State and local government agencies that
1009 serve victims have the duty to have a functional knowledge of the procedures established by the

1010 [Utah] Crime [Victims'] Victim Reparations Board and to inform victims of these procedures.
1011 (f) Victims and witnesses have a right to have any personal property returned as
1012 provided in Sections 77-24-1 through 77-24-5 . Criminal justice agencies shall expeditiously
1013 return the property when it is no longer needed for court law enforcement or prosecution
1014 purposes.
1015 (g) Victims and witnesses have the right to reasonable employer intercession services,
1016 including pursuing employer cooperation in minimizing employees' loss of pay and other
1017 benefits resulting from their participation in the criminal justice process. Officers of the court
1018 shall provide these services and shall consider victims' and witnesses' schedules so that activities
1019 which conflict can be avoided. Where conflicts cannot be avoided, the victim may request that
1020 the responsible agency intercede with employers or other parties.
1021 (h) Victims and witnesses, particularly children, should have a speedy disposition of the
1022 entire criminal justice process. All involved public agencies shall establish policies and
1023 procedures to encourage speedy disposition of criminal cases.
1024 (i) Victims and witnesses have the right to timely notice of judicial proceedings they are
1025 to attend and timely notice of cancellation of any proceedings. Criminal justice agencies have
1026 the duty to provide these notifications. Defense counsel and others have the duty to provide
1027 timely notice to prosecution of any continuances or other changes that may be required.
1028 (j) Victims of sexual offenses have a right to be informed of their right to request
1029 voluntary testing for themselves for HIV infection as provided in Section 76-5-503 and to
1030 request mandatory testing of the convicted sexual offender for HIV infection as provided in
1031 Section 76-5-502 . The law enforcement office where the sexual offense is reported shall have
1032 the responsibility to inform victims of this right.
1033 (2) Informational rights of the victim under this chapter are based upon the victim
1034 providing his current address and telephone number to the criminal justice agencies involved in
1035 the case.
1036 Section 29. Section 77-38-3 is amended to read:
1037 77-38-3. Notification to victims -- Initial notice, election to receive subsequent

1038 notices -- Form of notice -- Protected victim information.
1039 (1) Within seven days of the filing of felony criminal charges against a defendant, the
1040 prosecuting agency shall provide an initial notice to reasonably identifiable and locatable victims
1041 of the crime contained in the charges, except as otherwise provided in this chapter.
1042 (2) The initial notice to the victim of a crime shall provide information about electing to
1043 receive notice of subsequent important criminal justice hearings listed in Subsections
1044 77-38-2 (5)(a) through (f) and rights under this chapter.
1045 (3) The prosecuting agency shall provide notice to a victim of a crime for the important
1046 criminal justice hearings, provided in Subsections 77-38-2 (5)(a) through (f) which the victim
1047 has requested.
1048 (4) (a) The responsible prosecuting agency may provide initial and subsequent notices
1049 in any reasonable manner, including telephonically, electronically, orally, or by means of a letter
1050 or form prepared for this purpose.
1051 (b) In the event of an unforeseen important criminal justice hearing, listed in
1052 Subsections 77-38-2 (5)(a) through (f) for which a victim has requested notice, a good faith
1053 attempt to contact the victim by telephone shall be considered sufficient notice, provided that
1054 the prosecuting agency subsequently notifies the victim of the result of the proceeding.
1055 (5) (a) The court shall take reasonable measures to ensure that its scheduling practices
1056 for the proceedings provided in Subsections 77-38-2 (5)(a) through (f) permit an opportunity for
1057 victims of crimes to be notified.
1058 (b) The court shall also consider whether any notification system [that] it might use to
1059 provide notice of judicial proceedings to defendants could be used to provide notice of those
1060 same proceedings to victims of crimes.
1061 (6) A defendant or, if it is the moving party, Adult Probation and Parole, shall give
1062 notice to the responsible prosecuting agency of any motion for modification of any
1063 determination made at any of the important criminal justice hearings provided in Subsections
1064 77-38-2 (5)(a) through (f) in advance of any requested court hearing or action so that the
1065 prosecuting agency may comply with its notification obligation.

1066 (7) (a) Notice to a victim of a crime shall be provided by the Board of Pardons and
1067 Parole for the important criminal justice hearing provided in Subsection 77-38-2 (5)(g).
1068 (b) The board may provide notice in any reasonable manner, including telephonically,
1069 electronically, orally, or by means of a letter or form prepared for this purpose.
1070 (8) Prosecuting agencies and the Board of Pardons and Parole are required to give
1071 notice to a victim of a crime for the proceedings provided in Subsections 77-38-2 (5)(a) through
1072 (f) only where the victim has responded to the initial notice, requested notice of subsequent
1073 proceedings, and provided a current address and telephone number if applicable.
1074 (9) (a) Law enforcement and criminal justice agencies shall refer any requests for notice
1075 or information about crime victim rights from victims to the responsible prosecuting agency.
1076 (b) In a case in which the Board of Pardons and Parole is involved, the responsible
1077 prosecuting agency shall forward any request for notice [that] it has received from a victim to
1078 the Board of Pardons and Parole.
1079 (10) In all cases where the number of victims exceeds ten, the responsible prosecuting
1080 agency may send any notices required under this chapter in its discretion to a representative
1081 sample of the victims.
1082 (11) (a) A victim's address, telephone number, and victim impact statement maintained
1083 by a peace officer, prosecuting agency, Youth Parole Authority, Division of Juvenile Justice
1084 Services, Department of Corrections, and Board of Pardons and Parole, for purposes of
1085 providing notice under this section, is classified as protected as provided in Subsection
1086 63-2-304 (10).
1087 (b) The victim's address, telephone number, and victim impact statement is available
1088 only to the following persons or entities in the performance of their duties:
1089 (i) a law enforcement agency, including the prosecuting agency;
1090 (ii) a victims' right committee as provided in Section 77-37-5 ;
1091 (iii) a governmentally sponsored victim or witness program;
1092 (iv) the Department of Corrections;
1093 (v) Office of Crime [Victims'] Victim Reparations;

1094 (vi) Commission on Criminal and Juvenile Justice; and
1095 (vii) the Board of Pardons and Parole.
1096 (12) The notice provisions as provided in this section do not apply to misdemeanors as
1097 provided in Section 77-38-5 and to important juvenile justice hearings as provided in Section
1098 77-38-2 .
1099 Section 30. Section 77-38-302 is amended to read:
1100 77-38-302. Definitions.
1101 As used in this part:
1102 (1) "Conviction" means an adjudication by a federal or state court resulting from a trial
1103 or plea, including a plea of no contest, nolo contendere, a finding of not guilty due to insanity,
1104 or not guilty but mentally ill regardless of whether the sentence was imposed or suspended.
1105 (2) "Fund" means the Crime Victim [Reparation] Reparations Fund created in Section
1106 63-63a-4 .
1107 (3) "Memorabilia" means any tangible property of a person convicted of a first degree
1108 or capital felony, the value of which is enhanced by the notoriety gained from the conviction.
1109 (4) "Profit" means any income or benefit over and above the fair market value of the
1110 property that is received upon the sale or transfer of memorabilia.
1111 Section 31. Repealer.
1112 This bill repeals:
1113 Section 63-25a-420, Special verdict -- Allocation of damages.
1114 Section 32. Effective date.
1115 This bill takes effect on July 1, 2008.