H.B. 121

1

CRIMINAL JUSTICE BOARDS AND
2 COMMISSIONS AMENDMENTS
3 1997 GENERAL SESSION
4 STATE OF UTAH
5 Sponsor: Afton B. Bradshaw
6 AN ACT RELATING TO STATE AFFAIRS IN GENERAL; INTEGRATING THE
7 ANTI-VIOLENCE SUBCOMMITTEE INTO THE FOUR REMAINING COMMITTEES OF
8 THE UTAH SUBSTANCE ABUSE AND ANTI-VIOLENCE COORDINATING COUNCIL;
9 CLARIFYING THE CRIME VICTIMS' REPARATIONS BOARD PROVISIONS BY
10 EXTENDING THE DEFINITION OF VICTIM TO INCLUDE THOSE INJURED
11 PHYSICALLY AND PSYCHOLOGICALLY IN THE ZONE OF DANGER; LENGTHENING
12 THE PERIOD OF ELIGIBILITY FOR DISCOVERY OF REMAINS OF HOMICIDE
13 VICTIMS; DELETING THE REQUIREMENT THAT APPLICANTS FOR POSITIONS ON
14 THE BOARD OF PARDONS AND PAROLE SUBMIT APPLICATIONS TO THE
15 DEPARTMENT OF HUMAN RESOURCE MANAGEMENT FOR SCREENING; MAKING
16 TECHNICAL CHANGES; AND PROVIDING AN EFFECTIVE DATE.
17 This act affects sections of Utah Code Annotated 1953 as follows:
18 AMENDS:
19 63-25a-201, as renumbered and amended by Chapter 242, Laws of Utah 1996
20 63-25a-202, as renumbered and amended by Chapter 242 and last amended by Chapter 243,
21 Laws of Utah 1996
22 63-25a-203, as renumbered and amended by Chapter 242, Laws of Utah 1996
23 63-25a-204 (Effective 07/01/97), as renumbered and amended by Chapter 240, Laws of Utah
24 1996
25 63-25a-205, as renumbered and amended by Chapter 242 and last amended by Chapter 243,
26 Laws of Utah 1996
27 63-25a-206, as renumbered and amended by Chapter 242, Laws of Utah 1996

1 63-25a-207, as renumbered and amended by Chapter 242, Laws of Utah 1996
2 63-25a-402, as renumbered and amended by Chapter 242, Laws of Utah 1996
3 63-25a-404, as renumbered and amended by Chapter 242 and last amended by Chapter 243,
4 Laws of Utah 1996
5 63-25a-405, as renumbered and amended by Chapter 242, Laws of Utah 1996
6 63-25a-409, as renumbered and amended by Chapter 242, Laws of Utah 1996
7 63-25a-410, as renumbered and amended by Chapter 242, Laws of Utah 1996
8 63-25a-411, as renumbered and amended by Chapter 242, Laws of Utah 1996
9 63-63a-4, as last amended by Chapter 210, Laws of Utah 1996
10 77-27-2, as last amended by Chapter 117, Laws of Utah 1996
11 Be it enacted by the Legislature of the state of Utah:
12 Section 1. Section 63-25a-201 is amended to read:
13 63-25a-201. Creation of council -- Membership -- Terms.
14 (1) There is created within the governor's office the Utah Substance Abuse and
15 Anti-Violence Coordinating Council.
16 (2) The Utah Substance Abuse and Anti-Violence Coordinating Council comprises [21]
17 23 voting members as follows:
18 (a) a member of the House of Representatives annually designated by the speaker;
19 (b) a member of the Senate annually designated by the president;
20 (c) a member of the judiciary annually designated by the chief justice of the Utah Supreme
21 Court;
22 (d) the attorney general;
23 (e) a county commissioner annually designated by the Utah Association of Counties;
24 (f) the commissioner of public safety;
25 (g) the director of the Division of Substance Abuse;
26 (h) the state superintendent of public instruction;
27 (i) a representative from the offices of minority affairs annually designated by the directors
28 of those offices or a designee;
29 (j) the director of the Department of Health;
30 (k) the director of the Division of Mental Health;
31 (l) the executive director of the Commission on Criminal and Juvenile Justice;

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1 (m) the governor or his designee;
2 (n) the chairs of the [Criminal] Justice [Subcommittee], [the] Prevention [Subcommittee],
3 [the] Treatment [Subcommittee], and [the] Judiciary [Subcommittee] Committees, [and the
4 Anti-Violence Subcommittee];
5 (o) the executive director of the Department of Corrections;
6 (p) the director of the Division of Youth Corrections;
7 (q) a representative annually designated by the Utah League of Cities and Towns;
8 (r) the chair of the Domestic Violence Advisory Council or his designee;
9 [(p)] (s) a representative of the Utah National Guard, appointed by the governor to a
10 two-year term; and
11 [(q)] (t) one member of the general public appointed by the governor with the advice and
12 consent of the Senate to a two-year term.
13 Section 2. Section 63-25a-202 is amended to read:
14 63-25a-202. Chair -- Vacancies -- Quorum -- Expenses.
15 (1) The Utah Substance Abuse and Anti-Violence Coordinating Council shall annually
16 select one of its members to serve as chair.
17 [(2) The chair may not serve for more than six consecutive years.]
18 [(3)] (2) When a vacancy occurs in the membership for any reason, the replacement shall
19 be appointed for the unexpired term in the same manner as the position was originally filled.
20 [(4)] (3) A majority of the members of the council constitutes a quorum.
21 [(5)] (4) (a) (i) Members who are not government employees shall receive no
22 compensation or benefits for their services, but may receive per diem and expenses incurred in the
23 performance of the member's official duties at the rates established by the Division of Finance
24 under Sections 63A-3-106 and 63A-3-107.
25 (ii) Members may decline to receive per diem and expenses for their service.
26 (b) (i) State government officer and employee members who do not receive salary, per
27 diem, or expenses from their agency for their service may receive per diem and expenses incurred
28 in the performance of their official duties from the council at the rates established by the Division
29 of Finance under Sections 63A-3-106 and 63A-3-107.
30 (ii) State government officer and employee members may decline to receive per diem and
31 expenses for their service.

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1 (c) Legislators on the committee shall receive compensation and expenses as provided by
2 law and legislative rule.
3 (d) (i) Local government members who do not receive salary, per diem, or expenses from
4 the entity that they represent for their service may receive per diem and expenses incurred in the
5 performance of their official duties at the rates established by the Division of Finance under
6 Sections 63A-3-106 and 63A-3-107.
7 (ii) Local government members may decline to receive per diem and expenses for their
8 service.
9 Section 3. Section 63-25a-203 is amended to read:
10 63-25a-203. Duties of council.
11 (1) The Utah Substance Abuse and Anti-Violence Coordinating Council shall:
12 (a) provide leadership and generate unity for Utah's ongoing efforts to combat substance
13 abuse and community violence;
14 (b) [foster the coordination] recommend and coordinate the creation, dissemination, and
15 implementation of a statewide substance abuse and anti-violence policy;
16 (c) facilitate planning for a balanced continuum of substance abuse and community
17 violence prevention, treatment, and criminal justice services;
18 (d) promote collaboration and mutually beneficial public and private partnerships; [and]
19 (e) coordinate recommendations made by the subcommittees under Section 63-25a-206;
20 and
21 (f) analyze and provide an objective assessment of all proposed legislation concerning
22 alcohol and other drug issues and community violence issues.
23 (2) The council shall meet quarterly or more frequently as determined necessary by the
24 chair.
25 (3) The council shall report its recommendations to the governor and the Legislature
26 annually.
27 Section 4. Section 63-25a-204 (Effective 07/01/97) is amended to read:
28 63-25a-204 (Effective 07/01/97). Creation of committees -- Membership -- Terms.
29 (1) There is created within the governor's office, the [Criminal] Justice [Subcommittee]
30 Committee, the Treatment [Subcommittee] Committee, the Prevention [Subcommittee]
31 Committee, and the Judiciary [Subcommittee, and the Anti-Violence Subcommittee] Committee.

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1 (2) The president of the Senate may annually designate a member of the Senate to serve
2 on each [subcommittee] committee.
3 (3) The speaker of the House may annually designate a member of the House of
4 Representatives to serve on each [subcommittee] committee.
5 (4) (a) The [Criminal] Justice [Subcommittee] Committee comprises a minimum of [14]
6 15 voting members as follows:
7 (i) a representative annually designated by the Utah Chiefs of Police Association;
8 (ii) a representative annually designated by the Utah Sheriff's Association;
9 (iii) a representative annually designated by the Statewide Association of Public
10 Attorneys;
11 [(iv) a representative annually designated by the Judiciary Subcommittee from its
12 membership;]
13 [(v)] (iv) a representative annually designated by the Department of Commerce;
14 [(vi)] (v) an assistant attorney general annually designated by the attorney general;
15 [(vii)] (vi) a representative annually designated by the commissioner of the Department
16 of Public Safety;
17 [(viii)] (vii) the director of the Utah Division of [Investigation] Investigations or his
18 designee;
19 [(ix)] (viii) a representative annually designated by the executive director of the
20 Department of Corrections;
21 [(x)] (ix) a representative annually designated by the director of the Division of Youth
22 Corrections [or his designee];
23 [(xi) a representative annually designated by the Prevention Subcommittee from its
24 membership;]
25 [(xii) a representative annually designated by the Treatment Subcommittee from its
26 membership; and]
27 [(xiii) a representative annually designated by the Anti-Violence Subcommittee from its
28 membership; and]
29 [(xiv)] (x) a representative from a drug task force within the state appointed by the
30 governor to serve for two years;
31 (xi) a gang intelligence officer appointed by the governor to serve for two years;

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1 (xii) a representative of crime victims appointed by the governor to serve for two years;
2 (xiii) a district director of juvenile probation or his designee, annually designated by the
3 presiding officer of the Judicial Council;
4 (xiv) a representative of adult probation and parole annually designated by the executive
5 director of the Department of Corrections; and
6 (xv) a school resource officer annually appointed by the governor to serve for two years.
7 (b) In addition to the members designated under Subsection (4)(a):
8 (i) the Federal Bureau of Investigation may annually designate a representative to be a
9 voting member of the [subcommittee] committee;
10 (ii) the United States Attorney's Office may annually designate a representative to be a
11 voting member of the [subcommittee] committee; and
12 (iii) the Drug Enforcement Administration may annually designate a representative to be
13 a voting member of the [subcommittee] committee.
14 (c) Additional [subcommittee] committee members may be selected by a majority of the
15 [subcommittee] committee to serve as voting members for two-year terms.
16 (5) (a) The Treatment [Subcommittee] Committee comprises a minimum of 16 voting
17 members as follows:
18 (i) an urban representative annually designated by the Utah Association of Substance
19 Abuse Program Providers;
20 (ii) a rural representative annually designated by the Utah Association of Substance Abuse
21 Program Providers;
22 (iii) a representative annually designated by the Division of Substance Abuse;
23 (iv) a representative annually designated by the director of the Division of Youth
24 Corrections;
25 (v) a registered pharmacist annually designated by the Utah Pharmaceutical Association;
26 [(vi) a representative annually designated by the Judiciary Subcommittee from its
27 membership;]
28 [(vii)] (vi) a representative annually designated by the Utah Association of Health Care
29 Providers;
30 [(viii)] (vii) a licensed physician annually designated by the Utah Medical Association;
31 [(ix)] (viii) a licensed psychologist annually designated by the Utah Psychological

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1 Association;
2 [(x)] (ix) a licensed social worker annually designated by the National Association of
3 Social Workers (Utah Chapter);
4 [(xi)] (x) a registered nurse annually designated by the Utah Nurses Association;
5 [(xii)] (xi) a substance abuse counselor annually designated by the Utah Association of
6 Alcohol and Drug Abuse Counselors;
7 [(xiii)] (xii) a representative annually designated by the Utah Association of Local Health
8 Officers;
9 [(xiv) a representative annually designated by the Prevention Subcommittee from its
10 membership;]
11 [(xv) a representative annually designated by the Criminal Justice Subcommittee from its
12 membership; and]
13 [(xvi) a representative annually designated by the Anti-Violence Subcommittee from its
14 membership.]
15 (xiii) a domestic violence treatment professional annually appointed by the Domestic
16 Violence Advisory Council;
17 (xiv) a school counselor annually designated by the Utah School Counselors Association;
18 (xv) an elementary school principal from a high risk school annually designated by the
19 Utah Association of Elementary School Principals; and
20 (xvi) a secondary school principal from a high risk school annually designated by the Utah
21 Association of Secondary School Principals.
22 (b) Additional [subcommittee] committee members may be selected by a majority of the
23 [subcommittee] committee to serve as voting members for two-year terms.
24 (6) (a) The Prevention [Subcommittee] Committee comprises a minimum of [19] 17
25 voting members as follows:
26 (i) a representative annually designated by the director of the Division of Substance Abuse;
27 (ii) the executive director of the Utah Council for Crime Prevention or his designee;
28 [(iii) a representative annually designated by the Judiciary Subcommittee from its
29 membership;]
30 [(iv)] (iii) a representative annually designated by the state superintendent of public
31 instruction, State Office of Education;

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1 [(v)] (iv) the commissioner of higher education, from the State Board of Regents, or his
2 designee;
3 [(vi)] (v) the executive director of the Department of Health or his designee;
4 [(vii)] (vi) the president of the Utah Federation for [Drug-Free] Youth or his designee;
5 [(viii) the president of the Governor's Youth Council or his designee;]
6 [(ix) a representative annually designated by the Treatment Subcommittee from its
7 membership;]
8 [(x) a representative annually designated by the Criminal Justice Subcommittee from its
9 membership;]
10 [(xi)] (vii) a superintendent from an urban school district or his Safe and Drug-Free
11 Schools program director, annually designated by the Utah School Superintendents Association;
12 [(xii)] (viii) a superintendent from a rural school district or his Safe and Drug-Free Schools
13 program director, annually designated by the Utah School Superintendents Association;
14 [(xiii)] (ix) the president of the state Parent Teacher Association or his designee;
15 [(xiv)] (x) an urban substance abuse prevention specialist annually designated by the Utah
16 Association of Substance Abuse Program Providers;
17 [(xv)] (xi) a representative annually designated by the executive director of the Department
18 of Workforce Services;
19 [(xvi)] (xii) a rural substance abuse prevention specialist annually designated by the Utah
20 Association of Substance Abuse Program Providers;
21 [(xvii)] (xiii) a representative annually designated by the Utah Association of Local Health
22 Officers;
23 [(xviii) a representative annually designated by the Anti-Violence Subcommittee from its
24 membership; and]
25 [(xix)] (xiv) a representative of the academic and research community who is
26 knowledgeable in the field of substance abuse or violence prevention, appointed by the governor
27 to serve for two years[.];
28 (xv) the director of the Utah Association of Youth Councils or his designee;
29 (xvi) a representative of a community-based organization that provides services to children
30 appointed by the governor to serve for two years; and
31 (xvii) one or more members of the religious community appointed by the governor to serve

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1 for two years.
2 (b) Additional [subcommittee] committee members may be selected by a majority of the
3 [subcommittee] committee to serve as voting members for two-year terms.
4 (7) (a) The Judiciary [Subcommittee] Committee comprises a minimum of [19] 17 voting
5 members as follows:
6 (i) a juvenile court judge annually designated by the presiding officer of the Judicial
7 Council;
8 (ii) a district court judge annually designated by the presiding officer of the Judicial
9 Council;
10 (iii) an appellate court judge annually designated by the presiding officer of the Judicial
11 Council;
12 (iv) a justice court judge annually designated by the presiding officer of the Judicial
13 Council;
14 (v) two court executives annually designated by the presiding officer of the Judicial
15 Council;
16 (vi) two court administrative officers annually designated by the presiding officer of the
17 Judicial Council;
18 (vii) a representative of court treatment or prevention programs annually designated by
19 the presiding officer of the Judicial Council;
20 [(viii) a licensed physician from a public health agency annually designated by the
21 executive director of the Department of Health;]
22 [(ix)] (viii) a representative annually designated by the director of the Division of
23 Substance Abuse;
24 [(x)] (ix) a defense attorney annually designated by the Utah State Bar;
25 [(xi)] (x) a prosecuting attorney annually designated by the Utah Prosecution Council;
26 [(xii) a dean of a Utah law school or his designee, annually designated by the Utah State
27 Bar Commission;]
28 [(xiii)] (xi) an assistant attorney general annually designated by the attorney general;
29 [(xiv) a representative annually designated by the Criminal Justice Subcommittee from
30 its membership;]
31 [(xv) a representative annually designated by the Prevention Subcommittee from its

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1 membership;]
2 [(xvi) a representative annually designated by the Treatment Subcommittee from its
3 membership; and]
4 [(xvii) a representative annually designated by the Anti-Violence Subcommittee from its
5 membership.]
6 (xii) a director of pupil services from a local school district annually designated by the
7 state superintendent of public instruction;
8 (xiii) a law-related education specialist annually designated by the state superintendent of
9 public instruction;
10 (xiv) a guardian ad litem annually designated by the presiding officer of the Judicial
11 Council; and
12 (xv) a commander of a gang task force, or his designee, appointed by the governor to serve
13 for two years.
14 (b) In addition to the members designated under Subsection (7)(a), the presiding federal
15 judge may annually designate a federal trial judge to be a voting member of the [subcommittee]
16 committee.
17 (c) Additional [subcommittee] committee members may be selected by a majority of the
18 [subcommittee] committee to serve as voting members for two-year terms.
19 [(8) (a) The Anti-Violence Subcommittee comprises a minimum of 19 voting members
20 as follows:]
21 [(i) a representative designated by the Utah League of Cities and Towns;]
22 [(ii) a representative designated by the Utah Association of Counties;]
23 [(iii) a district director of juvenile probation or his designee;]
24 [(iv) the director of the Division of Youth Corrections or his designee;]
25 [(v) the state superintendent of public instruction or his designee;]
26 [(vi) a representative annually designated by the Criminal Justice Subcommittee from its
27 membership;]
28 [(vii) a representative annually designated by the Treatment Subcommittee from its
29 membership;]
30 [(viii) a representative annually designated by the Prevention Subcommittee from its
31 membership;]

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1 [(ix) a representative annually designated by the Judiciary Subcommittee from its
2 membership; and]
3 [(x) the chair of the Domestic Violence Advisory Council or his designee.]
4 [(b) (i) The remaining nine or more members shall be appointed by the governor:]
5 [(A) one or more members of the general public;]
6 [(B) one or more members of the general public active in community mobilization;]
7 [(C) one or more individuals who exhibit sensitivity to the ethnic composition of the state's
8 population;]
9 [(D) a representative of a community-based organization that provides services to
10 children;]
11 [(E) one or more gang intelligence officers;]
12 [(F) one or more members of the religious community;]
13 [(G) an elementary school teacher or principal from a high-risk school;]
14 [(H) a secondary school teacher or principal from a high-risk school; and]
15 [(I) an attorney involved in juvenile justice.]
16 [(ii) One-half of the members appointed shall serve for one year. The remaining members
17 appointed shall serve for two years. Each appointment thereafter shall be for two years.]
18 [(c) Additional subcommittee members may be selected by a majority of the subcommittee
19 to serve as voting members for two-year terms.]
20 Section 5. Section 63-25a-205 is amended to read:
21 63-25a-205. Chair -- Vacancies -- Quorum -- Expenses.
22 (1) The members of the [Criminal] Justice, Treatment, Prevention, and Judiciary[, and
23 Anti-Violence Subcommittees] Committees shall each annually select one of their members as
24 chairs.
25 [(2) The chairs of the subcommittees may not serve for more than six consecutive years.]
26 [(3)] (2) When a vacancy occurs in the membership for any reason, the replacement shall
27 be appointed for the unexpired term in the same manner as the position was originally filled.
28 [(4)] (3) A majority of the members of a [subcommittee] committee constitutes a quorum
29 for the transaction of business by the [subcommittee] committee.
30 [(5)] (4) (a) (i) Members who are not government employees shall receive no
31 compensation or benefits for their services, but may receive per diem and expenses incurred in the

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1 performance of the member's official duties at the rates established by the Division of Finance
2 under Sections 63A-3-106 and 63A-3-107.
3 (ii) Members may decline to receive per diem and expenses for their service.
4 (b) (i) State government officer and employee members who do not receive salary, per
5 diem, or expenses from their agency for their service may receive per diem and expenses incurred
6 in the performance of their official duties from the [subcommittee] committee at the rates
7 established by the Division of Finance under Sections 63A-3-106 and 63A-3-107.
8 (ii) State government officer and employee members may decline to receive per diem and
9 expenses for their service.
10 (c) Legislators on the committee shall receive compensation and expenses as provided by
11 law and legislative rule.
12 (d) Members from higher education may not receive per diem or expenses for their service.
13 (e) (i) Local government members who do not receive salary, per diem, or expenses from
14 the entity that they represent for their service may receive per diem and expenses incurred in the
15 performance of their official duties at the rates established by the Division of Finance under
16 Sections 63A-3-106 and 63A-3-107.
17 (ii) Local government members may decline to receive per diem and expenses for their
18 service.
19 Section 6. Section 63-25a-206 is amended to read:
20 63-25a-206. Duties of committees.
21 (1) The [Criminal] duties of the Justice, Prevention, and Treatment[, Judiciary, and
22 Anti-Violence Subcommittees] Committees shall be to recommend to the council:
23 (a) [recommend] a statewide substance abuse and anti-violence policy;
24 (b) [develop] priorities for programs to combat substance abuse and community violence;
25 and
26 (c) [recommend] executive, legislative, and judicial action based upon policy needs and
27 identified gaps in the continuum of services.
28 (2) The duties of the Judiciary Committee shall be to:
29 (a) provide a forum for education, coordination, and communication on violence and
30 drug-related issues that affect the total judicial system; and
31 (b) enhance multidisciplinary cooperation while preserving judicial independence.

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1 [(2)] (3) The [subcommittees] committees shall meet quarterly or more frequently as
2 determined necessary by the chairs.
3 [(3)] (4) Each [subcommittee] committee shall report its recommendations to the Utah
4 Substance Abuse and Anti-Violence Coordinating Council at the quarterly meetings.
5 Section 7. Section 63-25a-207 is amended to read:
6 63-25a-207. Staffing.
7 The Commission on Criminal and Juvenile Justice shall provide staff to the council and
8 the [subcommittees] committees.
9 Section 8. Section 63-25a-402 is amended to read:
10 63-25a-402. Definitions.
11 As used in this chapter:
12 (1) "Accomplice" means a person who has engaged in criminal conduct as defined in
13 Section 76-2-202.
14 (2) "Board" means the Crime Victims' Reparations Board created under Section
15 63-25a-404.
16 (3) "Bodily injury" means physical pain, illness, or any impairment of physical condition.
17 [(3)] (4) "Claim" means:
18 (a) the right of a victim to recover reparations; and
19 (b) the formal action taken by a victim to apply for reparations pursuant to Sections
20 63-25a-401 through 63-25a-428.
21 [(4)] (5) "Claimant" means any of the following claiming reparations under this chapter:
22 (a) a victim;
23 (b) a dependent of a deceased victim;
24 (c) a representative other than a collateral source; or
25 (d) the person or representative who files a claim on behalf of a victim.
26 [(5)] (6) "Child" means an unemancipated person who is under 18 years of age.
27 [(6)] (7) "Collateral source" means the definition as provided in Section 63-25a-413.
28 [(7)] (8) "Contested case" means a case which the claimant contests, claiming the award
29 was either inadequate or denied, or which a county attorney, a district attorney, a law enforcement
30 officer, or other individual related to the criminal investigation proffers reasonable evidence of the
31 claimant's lack of cooperation in the prosecution of a case after an award has already been given.

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1 [(8)] (9) "Criminally injurious conduct" other than acts of war declared or not declared
2 means conduct that:
3 (a) is or would be subject to prosecution in this state under Section 76-1-201 [and is or
4 would be punishable under the Criminal Code]; [or]
5 [(b) under Subsection 63-25a-411(5) occurs to a resident of the state while he is outside
6 the state, and is conduct that is or would be subject to criminal prosecution under the laws of the
7 location where the conduct occurred.]
8 [(9) (a) "Criminally injurious conduct" includes the following crimes:]
9 [(i) arson or aggravated arson;]
10 [(ii) assault or aggravated assault;]
11 [(iii) mayhem;]
12 [(iv) threats to do bodily harm;]
13 [(v) lewd acts;]
14 [(vi) a sexual offense against a child;]
15 [(vii) kidnapping or aggravated kidnapping;]
16 [(viii) aggravated murder or murder;]
17 [(ix) manslaughter;]
18 [(x) rape;]
19 [(xi) aggravated sexual abuse;]
20 [(xii) robbery or aggravated robbery;]
21 [(xiii) aggravated burglary; or]
22 [(xiv) any other crime involving violence against a person.]
23 [(b) "Criminally injurious conduct" does not include conduct arising out of the ownership,
24 maintenance, or use of a motor vehicle except when the conduct:]
25 [(i) causes personal injury or death with criminal intent; or]
26 [(ii) constitutes the offense of driving while under the influence of alcohol or any drug.]
27 (b) occurs or is attempted;
28 (c) causes, or poses a substantial threat of causing, bodily injury or death;
29 (d) is punishable by fine, imprisonment, or death if the person engaging in the conduct
30 possessed the capacity to commit the conduct;
31 (e) does not arise out of the ownership, maintenance, or use of a motor vehicle, aircraft,

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1 or water craft, unless the conduct is intended to cause bodily injury or death, or is conduct which
2 is or would be punishable under Title 76, Chapter 5, Offenses Against the Person, or as any offense
3 chargeable as driving under the influence of alcohol or drugs; or
4 (f) is an act of terrorism, as defined in 18 U.S.C. 2331 committed outside of the United
5 States against a resident of this state. "Terrorism" does not include an "act of war" as defined in
6 18 U.S.C. 2331.
7 (10) "Dependent" means a natural person to whom the victim is wholly or partially legally
8 responsible for care or support and includes a child of the victim born after his death.
9 (11) "Dependent's economic loss" means loss after the victim's death of contributions of
10 things of economic value to his dependent, not including services the dependent would have
11 received from the victim if he had not suffered the fatal injury, less expenses of the dependent
12 avoided by reason of victim's death.
13 (12) "Dependent's replacement services loss" means loss reasonably and necessarily
14 incurred by the dependent after the victim's death in obtaining services in lieu of those the
15 decedent would have performed for his benefit if he had not suffered the fatal injury, less expenses
16 of the dependent avoided by reason of the victim's death and not subtracted in calculating the
17 dependent's economic loss.
18 (13) "Director" means the director of the Reparations Office.
19 (14) "Disposition" means the sentencing or determination of penalty or punishment to be
20 imposed upon a person:
21 (a) convicted of a crime;
22 (b) found delinquent; or
23 (c) against whom a finding of sufficient facts for conviction or finding of delinquency is
24 made.
25 (15) "Economic loss" means economic detriment consisting only of allowable expense,
26 work loss, replacement services loss, and if injury causes death, dependent's economic loss and
27 dependent's replacement service loss. Noneconomic detriment is not loss, but economic detriment
28 is loss although caused by pain and suffering or physical impairment.
29 (16) "Elderly victim" means a person 60 years of age or older who is a victim.
30 (17) "Fraudulent claim" means a filed claim based on material misrepresentation of fact
31 and intended to deceive the reparations staff for the purpose of obtaining reparation funds for

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1 which the claimant is not eligible as provided in Section 63-25a-410.
2 (18) "Law enforcement officer" means a peace officer as defined in Section 77-1a-1.
3 (19) "Medical examination" means a physical examination necessary to document
4 criminally injurious conduct but does not include mental health evaluations for the prosecution and
5 investigation of a crime.
6 (20) "Mental health counseling" means outpatient and inpatient counseling necessitated
7 as a result of criminally injurious conduct. The definition of mental health counseling is subject
8 to rules promulgated by the board pursuant to Title 63, Chapter 46a, Utah Administrative
9 Rulemaking Act.
10 (21) "Misconduct" as provided in Subsection 63-25a-412(1)(b) means conduct by the
11 victim which was attributable to the injury or death of the victim as provided by rules promulgated
12 by the board pursuant to Title 63, Chapter 46a, Utah Administrative Rulemaking Act.
13 (22) "Noneconomic detriment" means pain, suffering, inconvenience, physical
14 impairment, and other nonpecuniary damage, except as provided in this chapter.
15 (23) "Pecuniary loss" does not include loss attributable to pain and suffering except as
16 otherwise provided in this chapter.
17 (24) "Offender" means a person who has violated the criminal code through criminally
18 injurious conduct regardless of whether he is arrested, prosecuted, or convicted.
19 (25) "Offense" means a violation of the criminal code.
20 (26) "Perpetrator" means the person who actually participated in the criminally injurious
21 conduct.
22 (27) "Personal property" [means] has the same definition as provided in Section 68-3-12.
23 (28) "Reparations Office" means the office of the reparations staff for the purpose of
24 carrying out this chapter.
25 (29) "Reparations officer" means a person employed by the Reparations Office to
26 investigate claims of victims and award reparations under this chapter, and includes the director
27 when he is acting as a reparations officer.
28 (30) "Reparations staff" means the director, the reparations officers, and any other staff
29 employed to administer the Crime Victims' Reparations Act.
30 (31) "Replacement service loss" means expenses reasonably and necessarily incurred in
31 obtaining ordinary and necessary services in lieu of those the injured person would have

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1 performed, not for income but the benefit of himself or his dependents if he had not been injured.
2 (32) "Representative" means the victim, immediate family member, legal guardian,
3 attorney, conservator, executor, or an heir of a person but does not include service providers.
4 (33) "Restitution" means money or services an appropriate authority orders an offender
5 to pay or render to a victim of the offender's conduct.
6 (34) "Secondary victim" means a person who witnesses or is traumatically affected by the
7 criminally injurious conduct subject to rules promulgated by the board pursuant to Title 63,
8 Chapter 46a, Utah Administrative Rulemaking Act.
9 (35) "Service provider" means a person or agency who provides a service to crime victims
10 for a monetary fee except attorneys as provided in Section 63-25a-424.
11 (36) "Trust fund" means the Crime Victim Reparation Trust Fund under Title 63, Chapter
12 63a.
13 (37) (a) "Victim" means a person who suffers [personal physical] bodily or psychological
14 injury or death as a direct result of criminally injurious conduct or of the production of
15 pornography in violation of Sections 76-5a-1 through 76-5a-4 if the person is a minor.
16 (b) "Victim" does not include a person who participated in or observed the judicial
17 proceedings against an offender unless otherwise provided by statute or rule.
18 (c) "Victim" includes:
19 (i) a person who suffers bodily injury or psychological injury as a direct result of being
20 within the zone of danger of the criminally injurious conduct; and
21 (ii) a resident of this state who is injured or killed by an act of terrorism, as defined in 18
22 U.S.C. 2331, committed outside of the United States.
23 (38) "Work loss" means loss of income from work the injured victim would have
24 performed if he had not been injured and expenses reasonably incurred by him in obtaining
25 services in lieu of those he would have performed for income, reduced by any income from
26 substitute work he was capable of performing but unreasonably failed to undertake.
27 (39) "Zone of danger" means:
28 (a) the person was located near the scene of the criminally injurious conduct;
29 (b) the bodily injury, emotional trauma, or psychological injury to the person was caused
30 by actually witnessing the criminally injurious conduct, or its results immediately after; and
31 (c) the person was closely related to a victim of the criminally injurious conduct suffering

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1 bodily injury in their presence.
2 Section 9. Section 63-25a-404 is amended to read:
3 63-25a-404. Crime Victims' Reparations Board -- Members.
4 (1) (a) A Crime Victims' Reparations Board is created, consisting of seven members
5 appointed by the governor with the advice and consent of the Senate.
6 (b) The membership of the board shall consist of:
7 (i) a member of the bar of this state;
8 (ii) a victim of criminally injurious conduct;
9 (iii) a licensed physician;
10 (iv) a representative of law enforcement;
11 (v) a mental health care provider; and
12 (vi) two other private citizens.
13 (c) The governor may appoint a chair of the board who shall serve for a period of time
14 prescribed by the governor, not to exceed the length of the chair's term. The board may elect a
15 vice-chair to serve in the absence of the chair.
16 (d) The [chair of the] board may hear appeals from administrative decisions as provided
17 in Section 63-25a-415.
18 (2) (a) Except as required by Subsection (2)(b), as terms of current board members expire,
19 the governor shall appoint each new member or reappointed member to a four-year term.
20 (b) Notwithstanding the requirements of Subsection (2)(a), the governor shall, at the time
21 of appointment or reappointment, adjust the length of terms to ensure that the terms of board
22 members are staggered so that approximately half of the board is appointed every two years.
23 (c) A member may be reappointed to one successive term.
24 (3) (a) When a vacancy occurs in the membership for any reason, the replacement shall
25 be appointed for the unexpired term.
26 (b) A member resigning from the board shall serve until his successor is appointed and
27 qualified.
28 (4) (a) (i) Members who are not government employees shall receive no compensation or
29 benefits for their services, but may receive per diem and expenses incurred in the performance of
30 the member's official duties at the rates established by the Division of Finance under Sections
31 63A-3-106 and 63A-3-107.

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1 (ii) Members may decline to receive per diem and expenses for their service.
2 (b) (i) State government officer and employee members who do not receive salary, per
3 diem, or expenses from their agency for their service may receive per diem and expenses incurred
4 in the performance of their official duties from the board at the rates established by the Division
5 of Finance under Sections 63A-3-106 and 63A-3-107.
6 (ii) State government officer and employee members may decline to receive per diem and
7 expenses for their service.
8 (5) The board shall meet at least once quarterly but may meet more frequently as
9 necessary.
10 Section 10. Section 63-25a-405 is amended to read:
11 63-25a-405. Board and office within Commission on Criminal and Juvenile Justice.
12 (1) The Crime Victims' Reparations Board and Reparations Office are placed within the
13 Commission on Criminal and Juvenile Justice for the provision by the commission of
14 administrative and support services to the Reparations Office. [For all other purposes, the
15 Reparations Office is an independent and separate state agency.]
16 (2) The board or the director may request assistance from the Commission on Criminal
17 and Juvenile Justice, the Department of Public Safety, and other state agencies in conducting
18 research or monitoring victims' programs.
19 (3) The trust fund shall appear as a separate line item in the Commission on Criminal and
20 Juvenile Justice budget.
21 Section 11. Section 63-25a-409 is amended to read:
22 63-25a-409. Grounds for eligibility.
23 In order to be eligible for a reparations award under this chapter:
24 (1) The claimant shall be:
25 (a) a victim of criminally injurious conduct;
26 (b) a dependent of a deceased victim of criminally injurious conduct; or
27 (c) a representative acting on behalf of one of the above.
28 (2) The victim shall be either a resident of Utah or the criminally injurious conduct shall
29 have occurred in Utah.
30 (3) The application shall be made in writing in a form that conforms substantially to that
31 prescribed by the board.

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1 (4) The claim shall be filed with the reparations staff within one year after the injury or
2 death upon which the claim is based. An extension of time to file up to one year after the victim's
3 18th birthday may be given to child victims [and victims of incest not to exceed four years].
4 Homicide claims may be filed up to one year after the date the body or remains of the homicide
5 victim is discovered, or the death has been officially declared a homicide, whichever is later.
6 (5) The criminally injurious conduct shall be reported to a law enforcement officer, in his
7 capacity as a law enforcement officer, within seven days after the occurrence. A reasonable
8 extension of time may be given in circumstances in which the victim, because of injury or age, was
9 unable to report the criminally injurious conduct within that time period.
10 (6) (a) The claimant or victim shall cooperate with the appropriate law enforcement
11 agencies in their efforts to apprehend or convict the perpetrator of the alleged offense.
12 (b) An award to a victim may be made whether any person is arrested, prosecuted, or
13 convicted of the criminally injurious conduct giving rise to the claim.
14 (7) The criminally injurious conduct shall have occurred after December 31, 1986.
15 Section 12. Section 63-25a-410 is amended to read:
16 63-25a-410. Ineligible persons -- Fraudulent claims -- Penalties.
17 (1) The following individuals shall not be eligible to receive an award of reparations:
18 (a) persons who do not meet all of the provisions set forth in Section 63-25a-409;
19 (b) the offender;
20 (c) an accomplice of the offender;
21 (d) any person whose receipt of an award would unjustly benefit the offender, accomplice,
22 or other person reasonably suspected of participating in the offense;
23 (e) the victim of a motor vehicle injury who was the owner or operator of [a] the motor
24 vehicle and was not at the time of the injury in compliance with the state motor vehicle insurance
25 laws;
26 (f) any convicted offender serving a sentence of imprisonment for that conviction or
27 residing in any other institution which provides for the maintenance of convicted persons; and
28 (g) residents of halfway houses or any other correctional facilities and all persons who are
29 on probation or parole if the circumstances surrounding the offense of which they are victims
30 constitute a violation of their parole or probation.
31 (2) A person who knowingly submits a fraudulent claim for reparations or who knowingly

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1 misrepresents material facts in making a claim, and who receives an award based on that claim,
2 is guilty of an offense, based on the following award amounts:
3 (a) for value under $200, a class B misdemeanor;
4 (b) for value greater than $200, but less than $500, a class A misdemeanor;
5 (c) for value greater than $500, but less than $1000, a third degree felony; and
6 (d) for value greater than $1000, a second degree felony.
7 (3) A person who submits a claim described in Subsection (2) but receives no award based
8 on that claim is guilty of a class B misdemeanor.
9 (4) The state attorney general may prosecute violations under this section or may make
10 arrangements with county attorneys for the prosecution of violations under this section when the
11 attorney general cannot conveniently prosecute.
12 (5) The state may also bring a civil action against a claimant who receives reparation
13 payments that are later found to be unjustified and who does not return to the board the unjustified
14 amount.
15 Section 13. Section 63-25a-411 is amended to read:
16 63-25a-411. Compensable losses and amounts.
17 A reparations award under this chapter shall be made if:
18 (1) the reparations officer finds the claim satisfies the requirements for the award under
19 the provisions of this chapter and the rules of the board;
20 (2) funds are available in the trust fund;
21 (3) the person for whom the award of reparations is to be paid is otherwise eligible under
22 this act;
23 (4) the claim is for an allowable expense incurred by the victim, as follows:
24 (a) reasonable and necessary charges incurred for products, services, and accommodations;
25 (b) inpatient and outpatient medical treatment and physical therapy, subject to rules
26 promulgated by the board pursuant to Title 63, Chapter 46a, Utah Administrative Rulemaking Act;
27 (c) mental health counseling which:
28 (i) is set forth in a mental health treatment plan which has been approved prior to any
29 payment by a reparations officer; and
30 (ii) qualifies within any further rules promulgated by the board pursuant to Title 63,
31 Chapter 46a, Utah Administrative Rulemaking Act;

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1 (d) actual loss of past earnings and anticipated loss of future earnings because of a death
2 or disability resulting from the personal injury at a rate not to exceed 66-2/3% of the person's
3 weekly gross salary or wages or the maximum amount allowed under the state workers'
4 compensation statute;
5 (e) care of minor children enabling a victim or spouse of a victim, but not both of them,
6 to continue gainful employment at a rate per child per week as determined under rules established
7 by the board;
8 (f) funeral and burial expenses for death caused by the criminally injurious conduct,
9 subject to rules promulgated by the board pursuant to Title 63, Chapter 46a, Utah Administrative
10 Rulemaking Act;
11 (g) loss of support to the dependent or dependents not otherwise compensated for a
12 pecuniary loss for personal injury, for as long as the dependence would have existed had the victim
13 survived, at a rate not to exceed 66-2/3% of the person's weekly salary or wages or the maximum
14 amount allowed under the state workers' compensation statute, whichever is less;
15 (h) personal property necessary and essential to the health or safety of the victim as
16 defined by rules promulgated by the board pursuant to Title 63, Chapter 46a, Utah Administrative
17 Rulemaking Act; and
18 (i) medical examinations as defined in Subsection 63-25a-402(19), subject to rules
19 promulgated by the board pursuant to Title 63, Chapter 46a, Utah Administrative Rulemaking Act,
20 which may allow for exemptions from Sections 63-25a-409, 63-25a-412, and 63-25a-413.
21 (5) If a Utah resident suffers injury or death as a result of criminally injurious conduct
22 inflicted in a state, territory, or country that does not provide a reciprocal crime victims'
23 compensation program, the Utah resident has the same rights under this chapter as if the injurious
24 conduct occurred in this state.
25 (6) An award of reparations shall not exceed $25,000 in the aggregate unless the victim
26 is entitled to proceeds in excess of that amount as provided in Subsection 76-3-201.2(2).
27 However, reparations for actual medical expenses incurred as a result of homicide, attempted
28 homicide, aggravated assault, or DUI offenses, may be awarded up to $50,000 in the aggregate.
29 Section 14. Section 63-63a-4 is amended to read:
30 63-63a-4. Reparation fund -- Victim reparation and specific appropriations.
31 (1) In this section:

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1 (a) "Reparation fund" means the Crime Victim Reparation Trust Fund.
2 (b) "Safety fund" means the Public Safety Support Fund.
3 (2) (a) There is created an expendable trust fund known as the Crime Victim Reparation
4 Trust Fund to be administered and distributed as provided in this chapter by the Reparations Office
5 under Title 63, Chapter [63] 25a, Part 4, Crime Victims' Reparations Act, in cooperation with the
6 Division of Finance.
7 (b) Monies deposited in this fund are for victim reparations and, as appropriated, for
8 administrative costs of the Reparations Office under Title 63, Chapter [63] 25a, Part 4, Crime
9 Victims' Reparations Act.
10 (3) (a) There is created a restricted revenue fund in the General Fund known as the Public
11 Safety Support Fund to be administered and distributed by the Department of Public Safety in
12 cooperation with the Division of Finance as provided in this chapter.
13 (b) Monies deposited in this fund shall be appropriated to:
14 (i) the Division of Peace Officer Standards and Training (POST) as described in Title 53,
15 Chapter 6, Peace Officer Standards and Training Act; and
16 (ii) the Office of the Attorney General for the support of the Utah Prosecution Council
17 established in Title 67, Chapter 5a, and the fulfillment of the council's duties.
18 (4) The Division of Finance shall allocate from the collected surcharge established in
19 Section 63-63a-1:
20 (a) 35% to the reparation fund, but not to exceed $2,500,000 for fiscal year 1993-94;
21 (b) 18.5% to the safety fund for POST, but not to exceed the amount appropriated by the
22 Legislature; and
23 (c) 3% to the safety fund for support of the Utah Prosecution Council, but not to exceed
24 the amount appropriated by the Legislature.
25 (5) (a) In addition to the funding provided by other sections of this chapter, a percentage
26 of the income earned by inmates working for correctional industries in a federally certified private
27 sector/prison industries enhancement program shall be deposited in the reparation fund.
28 (b) The percentage of income deducted from inmate pay under Subsection (a) shall be
29 determined by the executive director of the Department of Corrections in accordance with the
30 requirements of the private sector/prison industries enhancement program.
31 (6) (a) In addition to the money collected from the surcharge, judges are encouraged to,

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1 and may in their discretion, impose additional reparations to be paid into the reparation fund by
2 convicted criminals.
3 (b) The additional discretionary reparations may not exceed the statutory maximum fine
4 permitted by Title 76, Utah Criminal Code, for that offense.
5 Section 15. Section 77-27-2 is amended to read:
6 77-27-2. Board of Pardons and Parole -- Creation -- Compensation -- Functions.
7 (1) There is created the Board of Pardons and Parole. The board shall consist of five
8 full-time members and five pro tempore members to be appointed by the governor with the advice
9 and consent of the Senate as provided in this section. The members of the board shall be resident
10 citizens of the state. The governor shall establish salaries for the members of the board within the
11 salary range fixed by the Legislature in Title 67, Chapter 22, State Officer Compensation.
12 (2) (a) (i) The full-time board members shall serve terms of five years. The terms of the
13 full-time members shall be staggered so one board member is appointed for a term of five years
14 on March 1 of each year.
15 (ii) The pro tempore members shall serve terms of five years. The two pro tempore
16 members added by Subsection (1) shall be appointed to terms that both commence on May 1,
17 1996, and respectively end on February 28, 1999, and February 29, 2000. These terms are reduced
18 by two and one years respectively so that the appointment of one pro tempore member expires
19 every year beginning in 1996. Terms previously set to expire will now expire the last day of
20 February of their respective years.
21 (b) All vacancies occurring on the board for any cause shall be filled by the governor with
22 the advice and consent of the Senate pursuant to this section for the unexpired term of the vacating
23 member.
24 (c) The governor may at any time remove any member of the board for inefficiency,
25 neglect of duty, malfeasance or malfeasance in office, or for cause upon a hearing.
26 (d) A member of the board may not hold any other office in the government of the United
27 States, this state or any other state, or of any county government or municipal corporation within
28 a state. A member may not engage in any occupation or business inconsistent with his duties.
29 (e) A majority of the board constitutes a quorum for the transaction of business, including
30 the holding of hearings at any time or any place within or without the state, or for the purpose of
31 exercising any duty or authority of the board. Action taken by a majority of the board regarding

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1 whether parole, pardon, commutation, termination of sentence, or remission of fines or forfeitures
2 may be granted or restitution ordered in individual cases is deemed the action of the board. A
3 majority vote of the five full-time members of the board is required for adoption of rules or
4 policies of general applicability as provided by statute. However, a vacancy on the board does not
5 impair the right of the remaining board members to exercise any duty or authority of the board as
6 long as a majority of the board remains.
7 (f) Any investigation, inquiry, or hearing that the board has authority to undertake or hold
8 may be conducted by any board member or an examiner appointed by the board. When any of
9 these actions are approved and confirmed by the board and filed in its office, they are considered
10 to be the action of the board and have the same effect as if originally made by the board.
11 (g) When a full-time board member is absent or in other extraordinary circumstances the
12 chair may, as dictated by public interest and efficient administration of the board, assign a pro
13 tempore member to act in the place of a full-time member. Pro tempore members shall receive a
14 per diem rate of compensation as established by the Division of Finance and all actual and
15 necessary expenses incurred in attending to official business.
16 (h) The chair may request staff and administrative support as necessary from the
17 Department of Corrections.
18 (3) (a) Except as provided in Subsection (3)(c), the Commission on Criminal and Juvenile
19 Justice shall:
20 [(i) provide public notice of each available position on the board, with instructions to
21 submit applications to the Department of Human Resource Management;]
22 [(ii)] (i) recommend five applicants to the governor for appointment to the Board of
23 Pardons and Parole; and
24 [(iii)] (ii) consider applicants' knowledge of the criminal justice system, state and federal
25 criminal law, judicial procedure, corrections policies and procedures, and behavioral sciences.
26 [(b) The Department of Human Resource Management shall forward all applications that
27 it receives under this section to the Commission on Criminal and Juvenile Justice.]
28 [(c)] (b) The procedures and requirements of [Subsections] Subsection (3)(a) [and (b)] do
29 not apply if the governor appoints a sitting board member to a new term of office.
30 (4) (a) The board shall appoint an individual to serve as its mental health adviser and may
31 appoint other staff necessary to aid it in fulfilling its responsibilities under Title 77, Chapter 16a,

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1 Commitment and Treatment of Mentally Ill Persons. The adviser shall prepare reports and
2 recommendations to the board on all persons adjudicated as guilty and mentally ill, in accordance
3 with Title 77, Chapter 16a.
4 (b) The mental health adviser shall possess the qualifications necessary to carry out the
5 duties imposed by the board and may not be employed by the Department of Corrections, the
6 Department of Human Services, or a local mental health authority.
7 (c) The mental health adviser shall:
8 (i) act as liaison for the board with the Department of Human Services and local mental
9 health authorities;
10 (ii) educate the members of the board regarding the needs and special circumstances of
11 mentally ill persons in the criminal justice system;
12 (iii) in cooperation with the Department of Corrections, monitor the status of persons in
13 the prison who have been found guilty and mentally ill;
14 (iv) monitor the progress of other persons under the board's jurisdiction who are mentally
15 ill;
16 (v) conduct hearings as necessary in the preparation of reports and recommendations; and
17 (vi) perform other duties as assigned by the board.
18 Section 16. Effective date.
19 This act takes effect on July 1, 1997.




Legislative Review Note
as of 2-5-97 4:06 PM

A limited legal review of this bill raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel

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