S.B. 152

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CRIME VICTIMS' RIGHTS AMENDMENTS
2 1997 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Craig A. Peterson
5 AN ACT RELATING TO THE CODE OF CRIMINAL PROCEDURE; AMENDING
6 DEFINITIONS TO CLARIFY A VICTIM OF A CRIME MAY BE A NATURAL PERSON.
7 This act affects sections of Utah Code Annotated 1953 as follows:
8 AMENDS:
9 77-38-2, as last amended by Chapters 79, 216 and 241, Laws of Utah 1996
10 Be it enacted by the Legislature of the state of Utah:
11 Section 1. Section 77-38-2 is amended to read:
12 77-38-2. Definitions.
13 For the purposes of this chapter and the Utah Constitution:
14 (1) "Abuse" means treating the crime victim in a manner so as to injure, damage, or
15 disparage.
16 (2) "Dignity" means treating the crime victim with worthiness, honor, and esteem.
17 (3) "Fairness" means treating the crime victim reasonably, even-handedly, and impartially.
18 (4) "Harassment" means treating the crime victim in a persistently annoying manner.
19 (5) "Important criminal justice hearings" or "important juvenile justice hearings" means
20 the following proceedings in felony criminal cases or cases involving a minor's conduct which
21 would be a felony if committed by an adult:
22 (a) any preliminary hearing to determine probable cause;
23 (b) any court arraignment where practical;
24 (c) any court proceeding involving the disposition of charges against a defendant or minor
25 or the delay of a previously scheduled trial date but not including any unanticipated proceeding
26 to take an admission or a plea of guilty as charged to all charges previously filed or any plea taken
27 at an initial appearance;

1 (d) any court proceeding to determine whether to release a defendant or minor and, if so,
2 under what conditions release may occur, excluding any such release determination made at an
3 initial appearance;
4 (e) any criminal or delinquency trial, excluding any actions at the trial that a court might
5 take in camera, in chambers, or at a sidebar conference;
6 (f) any court proceeding to determine the disposition of a minor or sentence, fine, or
7 restitution of a defendant or to modify any disposition of a minor or sentence, fine, or restitution
8 of a defendant; and
9 (g) any public hearing concerning whether to grant a defendant or minor parole or other
10 form of discretionary release from confinement.
11 (6) "Reliable information" means information worthy of confidence, including any
12 information whose use at sentencing is permitted by the United States Constitution.
13 (7) "Representative of a victim" means a person who is designated by the victim or
14 designated by the court and who represents the victim in the best interests of the victim.
15 (8) "Respect" means treating the crime victim with regard and value.
16 (9) (a) "Victim of a crime" means any natural person against whom the charged crime or
17 conduct is alleged to have been perpetrated or attempted by the defendant or minor personally or
18 as a party to the offense or conduct or, in the discretion of the court, against whom a related crime
19 or act is alleged to have been perpetrated or attempted, unless the natural person is the accused or
20 appears to be accountable or otherwise criminally responsible for or criminally involved in the
21 crime or conduct or a crime or act arising from the same conduct, criminal episode, or plan as the
22 crime is defined under the laws of this state.
23 (b) For purposes of the right to be present, "victim of a crime" does not mean any person
24 who is in custody as a pretrial detainee, as a prisoner following conviction for an offense, or as a
25 juvenile who has committed an act that would be an offense if committed by an adult, or who is
26 in custody for mental or psychological treatment.
27 (c) For purposes of the right to be present and heard at a public hearing as provided in
28 Subsection 77-38-2(5)(g) and the right to notice as provided in Subsection 77-38-3(7)(a), "victim
29 of a crime" includes any victim originally named in the allegation of criminal conduct who is not
30 a victim of the offense to which the defendant entered a negotiated plea of guilty.


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Legislative Review Note
as of 1-27-97 4:58 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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