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