First Substitute 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 AND APPLYING CHAPTER PROVISIONS TO CERTAIN MISDEMEANOR
8 VIOLATIONS.
9 This act affects sections of Utah Code Annotated 1953 as follows:
10 AMENDS:
11 77-38-2, as last amended by Chapters 79, 216 and 241, Laws of Utah 1996
12 77-38-3, as last amended by Chapters 20 and 352, Laws of Utah 1995
13 77-38-5, as last amended by Chapter 352, Laws of Utah 1995
14 78-3a-511, as enacted by Chapter 1, Laws of Utah 1996
15 Be it enacted by the Legislature of the state of Utah:
16 Section 1. Section 77-38-2 is amended to read:
17 77-38-2. Definitions.
18 For the purposes of this chapter and the Utah Constitution:
19 (1) "Abuse" means treating the crime victim in a manner so as to injure, damage, or
20 disparage.
21 (2) "Dignity" means treating the crime victim with worthiness, honor, and esteem.
22 (3) "Fairness" means treating the crime victim reasonably, even-handedly, and impartially.
23 (4) "Harassment" means treating the crime victim in a persistently annoying manner.
24 (5) "Important criminal justice hearings" or "important juvenile justice hearings" means
25 the following proceedings in felony criminal cases or cases involving a minor's conduct which
26 would be a felony if committed by an adult:
27 (a) any preliminary hearing to determine probable cause;

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

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1 (c) For purposes of the right to be present and heard at a public hearing as provided in
2 Subsection 77-38-2(5)(g) and the right to notice as provided in Subsection 77-38-3(7)(a), "victim
3 of a crime" includes any victim originally named in the allegation of criminal conduct who is not
4 a victim of the offense to which the defendant entered a negotiated plea of guilty.
5 Section 2. Section 77-38-3 is amended to read:
6 77-38-3. Notification to victims -- Initial notice, election to receive subsequent notices
7 -- Form of notice -- Protected victim information.
8 (1) Within seven days of the filing of felony criminal charges against a defendant, the
9 prosecuting agency shall provide an initial notice to reasonably identifiable and locatable victims
10 of the crime contained in the charges, except as otherwise provided in this chapter.
11 (2) The initial notice to the victim of a crime shall provide information about electing to
12 receive notice of subsequent important criminal justice hearings listed in Subsections 77-38-2
13 (5)(a) through (f) and rights under this chapter.
14 (3) The prosecuting agency shall provide notice to a victim of a crime for the important
15 criminal justice hearings, provided in Subsections 77-38-2(5)(a) through (f) which the victim has
16 requested.
17 (4) (a) The responsible prosecuting agency may provide initial and subsequent notices in
18 any reasonable manner, including telephonically, electronically, orally, or by means of a letter or
19 form prepared for this purpose.
20 (b) In the event of an unforeseen important criminal justice hearing, listed in Subsections
21 77-38-2(5)(a) through (f) for which a victim has requested notice, a good faith attempt to contact
22 the victim by telephone shall be considered sufficient notice, provided that the prosecuting agency
23 subsequently notifies the victim of the result of the proceeding.
24 (5) (a) The court shall take reasonable measures to ensure that its scheduling practices for
25 the proceedings provided in Subsections 77-38-2(5)(a) through (f) permit an opportunity for
26 victims of crimes to be notified.
27 (b) The court shall also consider whether any notification system that it might use to
28 provide notice of judicial proceedings to defendants could be used to provide notice of those same
29 proceedings to victims of crimes.
30 (6) A defendant or, if it is the moving party, Adult Probation and Parole, shall give notice
31 to the responsible prosecuting agency of any motion for modification of any determination made

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1 at any of the important criminal justice hearings provided in Subsections 77-38-2(5)(a) through
2 (f) in advance of any requested court hearing or action so that the prosecuting agency may comply
3 with its notification obligation.
4 (7) (a) Notice to a victim of a crime shall be provided by the Board of Pardons and Parole
5 for the important criminal justice hearing provided in Subsection 77-38-2(5)(g).
6 (b) The board may provide notice in any reasonable manner, including telephonically,
7 electronically, orally, or by means of a letter or form prepared for this purpose.
8 (8) Prosecuting agencies and the Board of Pardons and Parole are required to give notice
9 to a victim of a crime for the proceedings provided in Subsections 77-38-2(5)(a) through (f) only
10 where the victim has responded to the initial notice, requested notice of subsequent proceedings,
11 and provided a current address and telephone number if applicable.
12 (9) (a) Law enforcement and criminal justice agencies shall refer any requests for notice
13 or information about crime victim rights from victims to the responsible prosecuting agency.
14 (b) In a case in which the Board of Pardons and Parole is involved, the responsible
15 prosecuting agency shall forward any request for notice that it has received from a victim to the
16 Board of Pardons and Parole.
17 (10) In all cases where the number of victims exceeds ten, the responsible prosecuting
18 agency may send any notices required under this chapter in its discretion to a representative sample
19 of the victims.
20 (11) (a) A victim's address, telephone number, and victim impact statement maintained
21 by a peace officer, prosecuting agency, Youth Parole Authority, Division of Youth Corrections,
22 Department of Corrections, and Board of Pardons and Parole, for purposes of providing notice
23 under this section, is classified as protected as provided in Subsection 63-2-304(9).
24 (b) The victim's address, telephone number, and victim impact statement is available only
25 to the following persons or entities in the performance of their duties:
26 (i) a law enforcement agency, including the prosecuting agency;
27 (ii) a victims' right committee as provided in Section 77-37-5;
28 (iii) a governmentally sponsored victim or witness program;
29 (iv) the Department of Corrections;
30 (v) Office of Crime Victims' Reparations;
31 (vi) Commission on Criminal and Juvenile Justice; and

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1 (vii) the Board of Pardons and Parole.
2 (12) The notice provisions as provided in this section do not apply to misdemeanors as
3 provided in Section 77-38-5 and to important juvenile justice hearings as provided in Section
4 77-38-2.
5 Section 3. Section 77-38-5 is amended to read:
6 77-38-5. Application to felonies and misdemeanors of the declaration of the rights
7 of crime victims.
8 The provisions of this chapter shall apply to [all felonies]:
9 (1) any felony filed in the courts of the state [and];
10 (2) to any class A and class B misdemeanor filed in the courts of the state; and
11 (3) to cases in the juvenile court as provided in Section [78-3a-33] 78-3a-511.
12 Section 4. Section 78-3a-511 is amended to read:
13 78-3a-511. Hearings -- Public excluded, exceptions -- Victims admitted -- Minor's
14 cases heard separately from adult cases -- Minor or parents or custodian heard separately
15 -- Continuance of hearing -- Consolidation of proceedings involving more than one minor.
16 (1) (a) Hearings in minor's cases shall be held before the court without a jury and may be
17 conducted in an informal manner. The court may exclude the general public and admit only those
18 persons who have a direct interest in the case or in the work of the court or who have been
19 requested by the parent or legal guardian to be present.
20 (b) The victim of any act charged in a petition or information involving an offense
21 committed by a minor which if committed by an adult would be a felony shall, upon request, be
22 afforded all rights afforded victims in Title 77, Chapter 36, Cohabitant Abuse Procedures Act,
23 Title 77, Chapter 37, Victim's Rights, and Title 77, Chapter 38, Rights of Crime Victims Act. The
24 notice provisions in Section 77-38-3 do not apply to important juvenile justice hearings as defined
25 in Section 77-38-2.
26 (c) A victim, upon request to appropriate juvenile court personnel, shall have the right to
27 inspect and duplicate juvenile court legal records that have not been expunged concerning:
28 (i) the scheduling of any court hearings on the petition;
29 (ii) any findings made by the court; and
30 (iii) any sentence or decree imposed by the court.
31 (2) Notwithstanding Subsection (1), if a proceeding is conducted on a written petition

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1 charging a minor 16 years of age or older with an offense which if committed by an adult would
2 be a felony or a misdemeanor as provided in Section 77-38-5, the court shall admit any person to
3 the proceeding unless closed by the judge upon findings on the record of good cause.
4 (3) Minor's cases shall be heard separately from adult cases. The minor or his parents or
5 custodian may be heard separately when considered necessary by the court. The hearing may be
6 continued from time to time to a date specified by court order.
7 (4) When more than one minor is involved in a home situation which may be found to
8 constitute neglect or dependency, or when more than one minor is alleged to be involved in the
9 same law violation, the proceedings may be consolidated, except that separate hearings may be
10 held with respect to disposition.

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