S.B. 187

1

UTAH COUNCIL ON VICTIMS
2 1998 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Craig A. Peterson
5 AN ACT RELATING TO UTAH CODE OF CRIMINAL PROCEDURE; CREATING THE
6 UTAH COUNCIL ON VICTIMS; PROVIDING FOR MEMBERSHIP, PURPOSE, TERMS,
7 ADMINISTRATIVE SUPPORT, PER DIEM AND EXPENSES, AND REPORTING
8 REQUIREMENTS.
9 This act affects sections of Utah Code Annotated 1953 as follows:
10 ENACTS:
11 77-37-6, Utah Code Annotated 1953
12 Be it enacted by the Legislature of the state of Utah:
13 Section 1. Section 77-37-6 is enacted to read:
14 77-37-6. Utah Council on Victims -- Membership -- Per diem and expenses -- Purpose
15 -- Reporting requirement.
16 (1) There is created the Utah Council on Victims consisting of 21 members to be
17 appointed or designated as follows:
18 (a) the commissioner of the Department of Public Safety or his designee;
19 (b) the chair of the Board of Pardons and Parole or his designee;
20 (c) the director of the Department of Corrections or his designee;
21 (d) the executive director of the Commission on Criminal and Juvenile Justice or the
22 executive director's designee;
23 (e) the director of the Office of Utah Crime Victim Reparations or his designee;
24 (f) a crime victim appointed by the governor;
25 (g) the director of the Division of Youth Corrections or his designee;
26 (h) four of the chairpersons of the eight District Rights Committees appointed by the eight
27 District Rights Committee chairs;

1 (i) a sheriff appointed by the Utah Sheriffs Association;
2 (j) a police chief appointed by the Utah Police Chiefs Association;
3 (k) the Utah attorney general or his designee;
4 S [(l) a juvenile court judge appointed by the Judicial Council;
5 (m) a district court judge appointed by the Judicial Council;
6 (n)] (l) s the United States Attorney or his designee;
7 S [(o)] (m) s a prosecutor appointed by the Statewide Association of Prosecutors;
8 S [(p)] (n) s a representative of the Children's Justice Center program appointed by the state
9 Children's Justice Center Advisory Board;
10 S [(q)] (o) s one other appointee as designated by the council to allow appropriate
10a diversification;
11 and
12 S [(r) one citizen] (p) THREE CITIZENS s appointed by the governor S [to act as chair
12a of the council] s .
12b S (2) THE MEMBERS OF THE COUNCIL SHALL SUBMIT THE NAMES OF THREE OF THEIR
12c MEMBERS TO THE GOVERNOR FROM WHICH THE GOVERNOR SHALL APPOINT ONE MEMBER AS
12d CHAIR OF THE COUNCIL. s
13 S [(2)] (3) s The Utah Office of Crime Victims Reparations shall provide administrative
13a support
14 for the council.
15 S [(3)] (4) s (a) The members of the council, with the exception of the District Rights
15a Committee
16 chairs, shall serve three-year terms; however, the initial appointments for S [1/3] SEVEN OF THE
16a MEMBERS s of the council shall
17 be for a one-year term, S [1/3] EIGHT s for a two-year term, and S [1/3] EIGHT s for a three-year
17a term.
18 (b) When a vacancy occurs in the membership for any reason, the replacement shall be
19 appointed for the unexpired term.
20 S [(4)] (5) s (a) (i) Members who are not government employees shall receive no
20a compensation or
21 benefits for their services, but may receive per diem and expenses incurred in the performance of
22 the member's official duties at the rates established by the Division of Finance under Sections
23 63A-3-106 and 63A-3-107.
Text Box

Amended on 3_February 25, 1998

Amend on 2_goldenrod February 24, 1998 - 2-

24 (ii) Members may decline to receive per diem and expenses for their service.
25 (b) (i) State government officer and employee members who do not receive salary, per
26 diem, or expenses from their agency for their service may receive per diem and expenses incurred
27 in the performance of their official duties from the agency at the rates established by the Division
28 of Finance under Sections 63A-3-106 and 63A-3-107.
29 (ii) State government officer and employee members may decline to receive per diem and
30 expenses for their service.
31 S [(5)] (6) s The purposes of the Utah Council on Victims is to insure that victims in the
31a state are

Text Box

Amend on 2_goldenrod February 24, 1998 - 2a -

1 treated with fairness, respect, and dignity. This effort shall include:
2 (a) providing appropriate training on victim of crime issues for volunteers, professionals,
3 and the general public;
4 (b) to protect the rights granted to victims by the Utah State Constitution;
5 (c) providing help and assistance to individual victims;
6 (d) reviewing complaints of individual victims referred to the council by a District Rights
7 Committee, reviewing decisions made by District Rights Committees;
8 (e) providing and disseminating written findings from complaints or decisions in
9 Subsection S [(5)(d)] (6)(d) s ;
10 (f) working to advance the rights of victims; and
11 (g) working to establish and fund victim advocate programs in all parts of the state.
12 S [(6)] (7) s The council shall:
13 (a) forward minutes of all meetings to the Commission on Criminal and Juvenile Justice
14 for review and other appropriate actions; and
15 (b) report annually, or as often as requested, to the Commission on Criminal and Juvenile
16 Justice.
17 S [(7)] (8) s The Commission on Criminal and Juvenile Justice shall annually report on the
18 activities of the council to the Legislature, the governor, and the Judicial Council.




Legislative Review Note
as of 2-11-98 11:52 AM

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

Office of Legislative Research and General Counsel

Text Box

Amend on 2_goldenrod February 24, 1998 - 3 -