|
63M-7-502. Definitions.
As used in this chapter:
(1) "Accomplice" means a person who has engaged in criminal conduct as defined in
Section 76-2-202.
(2) "Assistance officer" means the victim services program coordinator, grant analysts,
and other staff employed by the office to perform the duties and functions provided in
63M-7-508.5.
(3) "Board" means the Crime Victim Reparations and Assistance Board created under
Section 63M-7-504.
(4) "Bodily injury" means physical pain, illness, or any impairment of physical condition.
(5) "Claim" means:
(a) the victim's application or request for a reparations award; and
(b) the formal action taken by a victim to apply for reparations pursuant to this chapter.
(6) "Claimant" means any of the following claiming reparations under this chapter:
(a) a victim;
(b) a dependent of a deceased victim;
(c) a representative other than a collateral source; or
(d) the person or representative who files a claim on behalf of a victim.
(7) "Child" means an unemancipated person who is under 18 years of age.
(8) "Collateral source" means the definition as provided in Section 63M-7-513.
(9) "Contested case" means a case which the claimant contests, claiming the award was
either inadequate or denied, or which a county attorney, a district attorney, a law enforcement
officer, or other individual related to the criminal investigation proffers reasonable evidence of
the claimant's lack of cooperation in the prosecution of a case after an award has already been
given.
(10) (a) "Criminally injurious conduct" other than acts of war declared or not declared
means conduct that:
(i) is or would be subject to prosecution in this state under Section 76-1-201;
(ii) occurs or is attempted;
(iii) causes, or poses a substantial threat of causing, bodily injury or death;
(iv) is punishable by fine, imprisonment, or death if the person engaging in the conduct
possessed the capacity to commit the conduct; and
(v) does not arise out of the ownership, maintenance, or use of a motor vehicle, aircraft,
or water craft, unless the conduct is intended to cause bodily injury or death, or is conduct which
is or would be punishable under Title 76, Chapter 5, Offenses Against the Person, or as any
offense chargeable as driving under the influence of alcohol or drugs.
(b) "Criminally injurious conduct" includes an act of terrorism, as defined in 18 U.S.C.
Sec. 2331 committed outside of the United States against a resident of this state. "Terrorism"
does not include an "act of war" as defined in 18 U.S.C. Sec. 2331.
(11) "Dependent" means a natural person to whom the victim is wholly or partially
legally responsible for care or support and includes a child of the victim born after the victim's
death.
(12) "Dependent's economic loss" means loss after the victim's death of contributions of
things of economic value to the victim's dependent, not including services the dependent would
have received from the victim if the victim had not suffered the fatal injury, less expenses of the
dependent avoided by reason of victim's death.
(13) "Dependent's replacement services loss" means loss reasonably and necessarily
incurred by the dependent after the victim's death in obtaining services in lieu of those the
decedent would have performed for the victim's benefit if the victim had not suffered the fatal
injury, less expenses of the dependent avoided by reason of the victim's death and not subtracted
in calculating the dependent's economic loss.
(14) "Director" means the director of the Utah Office for Victims of Crime.
(15) "Disposition" means the sentencing or determination of penalty or punishment to be
imposed upon a person:
(a) convicted of a crime;
(b) found delinquent; or
(c) against whom a finding of sufficient facts for conviction or finding of delinquency is
made.
(16) "Economic loss" means economic detriment consisting only of allowable expense,
work loss, replacement services loss, and if injury causes death, dependent's economic loss and
dependent's replacement service loss. Noneconomic detriment is not loss, but economic
detriment is loss although caused by pain and suffering or physical impairment.
(17) "Elderly victim" means a person 60 years of age or older who is a victim.
(18) "Fraudulent claim" means a filed claim based on material misrepresentation of fact
and intended to deceive the reparations staff for the purpose of obtaining reparation funds for
which the claimant is not eligible as provided in Section 63M-7-510.
(19) "Fund" means the Crime Victim Reparations Fund created in Section 51-9-404.
(20) "Law enforcement officer" means a law enforcement officer as defined in Section
53-13-103.
(21) "Medical examination" means a physical examination necessary to document
criminally injurious conduct but does not include mental health evaluations for the prosecution
and investigation of a crime.
(22) "Mental health counseling" means outpatient and inpatient counseling necessitated
as a result of criminally injurious conduct. The definition of mental health counseling is subject
to rules promulgated by the board pursuant to Title 63G, Chapter 3, Utah Administrative
Rulemaking Act.
(23) "Misconduct" as provided in Subsection 63M-7-512(1)(b) means conduct by the
victim which was attributable to the injury or death of the victim as provided by rules
promulgated by the board pursuant to Title 63G, Chapter 3, Utah Administrative Rulemaking
Act.
(24) "Noneconomic detriment" means pain, suffering, inconvenience, physical
impairment, and other nonpecuniary damage, except as provided in this chapter.
(25) "Pecuniary loss" does not include loss attributable to pain and suffering except as
otherwise provided in this chapter.
(26) "Offender" means a person who has violated the criminal code through criminally
injurious conduct regardless of whether the person is arrested, prosecuted, or convicted.
(27) "Offense" means a violation of the criminal code.
(28) "Perpetrator" means the person who actually participated in the criminally injurious
conduct.
(29) "Reparations officer" means a person employed by the office to investigate claims of
victims and award reparations under this chapter, and includes the director when the director is
acting as a reparations officer.
(30) "Replacement service loss" means expenses reasonably and necessarily incurred in
obtaining ordinary and necessary services in lieu of those the injured person would have
performed, not for income but the benefit of the injured person or the injured person's dependents
if the injured person had not been injured.
(31) "Representative" means the victim, immediate family member, legal guardian,
attorney, conservator, executor, or an heir of a person but does not include service providers.
(32) "Restitution" means money or services an appropriate authority orders an offender
to pay or render to a victim of the offender's conduct.
(33) "Secondary victim" means a person who is traumatically affected by the criminally
injurious conduct subject to rules promulgated by the board pursuant to Title 63G, Chapter 3,
Utah Administrative Rulemaking Act.
(34) "Service provider" means a person or agency who provides a service to crime
victims for a monetary fee except attorneys as provided in Section 63M-7-524.
(35) "Utah Office for Victims of Crime" or "office" means the director, the reparations
and assistance officers, and any other staff employed for the purpose of carrying out the
provisions of this chapter.
(36) (a) "Victim" means a person who suffers bodily or psychological injury or death as a
direct result of criminally injurious conduct or of the production of pornography in violation of
Section 76-5b-201 if the person is a minor.
(b) "Victim" does not include a person who participated in or observed the judicial
proceedings against an offender unless otherwise provided by statute or rule.
(c) "Victim" includes a resident of this state who is injured or killed by an act of
terrorism, as defined in 18 U.S.C. 2331, committed outside of the United States.
(37) "Work loss" means loss of income from work the injured victim would have
performed if the injured victim had not been injured and expenses reasonably incurred by the
injured victim in obtaining services in lieu of those the injured victim would have performed for
income, reduced by any income from substitute work the injured victim was capable of
performing but unreasonably failed to undertake.
Amended by Chapter 131, 2011 General Session
Amended by Chapter 320, 2011 General Session
Download Code Section Zipped WordPerfect 63M07_050200.ZIP 5,751 Bytes
|