H.B. 281

This document includes House Committee Amendments incorporated into the bill on Tue, Feb 20, 2007 at 9:48 AM by jeyring. --> 1

CRIME VICTIM REPARATIONS AMENDMENTS
2 2007 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Scott L Wyatt
5 Senate Sponsor: Gregory S. Bell
6
7 LONG TITLE
8 General Description:
9 This bill clarifies responsibilities for reparations awards to crime victims and makes
10 technical name changes throughout the code.
11 Highlighted Provisions:
12 This bill:
13 . prohibits a court from reducing restitution based on a reparations award;
14 . allows reparations officers to decide whether a hearing on an award is necessary;
15 . extends eligibility for awards to Utah residents regardless of the location of the
16 criminally injurious conduct in specific situations;
17 . clarifies that persons who are injured while in a correctional facility are ineligible
18 for awards;
19 . delineates amounts and priorities for awards to homicide victims;
20 . allows the board to determine when the benefit to the victim outweighs the state's
21 right to reimbursement and decide not to pursue a reimbursement claim; and
22 . makes technical changes.
23 Monies Appropriated in this Bill:
24 None
25 Other Special Clauses:
26 None
27 Utah Code Sections Affected:

28 AMENDS:
29 26-1-30, as last amended by Chapter 2, Laws of Utah 2005
30 26A-1-114, as last amended by Chapter 171, Laws of Utah 2003
31 53-1-106, as last amended by Chapters 2 and 169, Laws of Utah 2005
32 53-6-213, as last amended by Chapter 256, Laws of Utah 2002
33 63-25a-401, as renumbered and amended by Chapter 242, Laws of Utah 1996
34 63-25a-402, as last amended by Chapter 256, Laws of Utah 2002
35 63-25a-403, as last amended by Chapter 35, Laws of Utah 2002
36 63-25a-404, as last amended by Chapter 176, Laws of Utah 2002
37 63-25a-405, as last amended by Chapter 256, Laws of Utah 2002
38 63-25a-406, as last amended by Chapter 256, Laws of Utah 2002
39 63-25a-407, as last amended by Chapter 256, Laws of Utah 2002
40 63-25a-408, as renumbered and amended by Chapter 242, Laws of Utah 1996
41 63-25a-409, as last amended by Chapter 235, Laws of Utah 2000
42 63-25a-410, as last amended by Chapters 28 and 235, Laws of Utah 2000
43 63-25a-411, as last amended by Chapters 35 and 256, Laws of Utah 2002
44 63-25a-412, as last amended by Chapter 235, Laws of Utah 2000
45 63-25a-414, as last amended by Chapter 256, Laws of Utah 2002
46 63-25a-415, as last amended by Chapter 235, Laws of Utah 2000
47 63-25a-419, as last amended by Chapter 256, Laws of Utah 2002
48 63-25a-421, as renumbered and amended by Chapter 242, Laws of Utah 1996
49 63-25a-428, as last amended by Chapter 256, Laws of Utah 2002
50 63-55-263, as last amended by Chapters 82 and 86, Laws of Utah 2006
51 63-63a-4, as last amended by Chapter 12, Laws of Utah 2002, Fifth Special Session
52 67-4a-405, as last amended by Chapter 256, Laws of Utah 2002
53 77-2-4.2, as last amended by Chapter 315, Laws of Utah 2006
54 77-2a-3, as last amended by Chapter 341, Laws of Utah 2006
55 77-37-3, as last amended by Chapter 13, Laws of Utah 2005
56 77-37-5, as last amended by Chapter 352, Laws of Utah 1995
57 77-38-3, as last amended by Chapter 171, Laws of Utah 2003
58 78-61-101, as enacted by Chapter 368, Laws of Utah 2004

59 REPEALS:
60 63-25a-420, as renumbered and amended by Chapter 242, Laws of Utah 1996
61
62 Be it enacted by the Legislature of the state of Utah:
63 Section 1. Section 26-1-30 is amended to read:
64 26-1-30. Powers and duties of department.
65 (1) The department shall:
66 (a) enter into cooperative agreements with the Department of Environmental Quality to
67 delineate specific responsibilities to assure that assessment and management of risk to human
68 health from the environment are properly administered; and
69 (b) consult with the Department of Environmental Quality and enter into cooperative
70 agreements, as needed, to ensure efficient use of resources and effective response to potential
71 health and safety threats from the environment, and to prevent gaps in protection from potential
72 risks from the environment to specific individuals or population groups.
73 (2) In addition to all other powers and duties of the department, it shall have and
74 exercise the following powers and duties:
75 (a) promote and protect the health and wellness of the people within the state;
76 (b) establish, maintain, and enforce rules necessary or desirable to carry out the
77 provisions and purposes of this title to promote and protect the public health or to prevent
78 disease and illness;
79 (c) investigate and control the causes of epidemic, infectious, communicable, and other
80 diseases affecting the public health;
81 (d) provide for the detection, reporting, prevention, and control of communicable,
82 infectious, acute, chronic, or any other disease or health hazard [that] which the department
83 considers to be dangerous, important, or likely to affect the public health;
84 (e) collect and report information on causes of injury, sickness, death, and disability
85 and the risk factors that contribute to the causes of injury, sickness, death, and disability within
86 the state;
87 (f) collect, prepare, publish, and disseminate information to inform the public
88 concerning the health and wellness of the population, specific hazards, and risks that may affect
89 the health and wellness of the population and specific activities which may promote and protect

90 the health and wellness of the population;
91 (g) establish and operate programs necessary or desirable for the promotion or
92 protection of the public health and the control of disease or which may be necessary to
93 ameliorate the major causes of injury, sickness, death, and disability in the state, except that the
94 programs [shall] may not be established if adequate programs exist in the private sector;
95 (h) establish, maintain, and enforce isolation and quarantine, and for this purpose only,
96 exercise physical control over property and individuals as the department finds necessary for
97 the protection of the public health;
98 (i) close theaters, schools, and other public places and forbid gatherings of people
99 when necessary to protect the public health;
100 (j) abate nuisances when necessary to eliminate sources of filth and infectious and
101 communicable diseases affecting the public health;
102 (k) make necessary sanitary and health investigations and inspections in cooperation
103 with local health departments as to any matters affecting the public health;
104 (l) establish laboratory services necessary to support public health programs and
105 medical services in the state;
106 (m) establish and enforce standards for laboratory services which are provided by any
107 laboratory in the state when the purpose of the services is to protect the public health;
108 (n) cooperate with the Labor Commission to conduct studies of occupational health
109 hazards and occupational diseases arising in and out of employment in industry, and make
110 recommendations for elimination or reduction of the hazards;
111 (o) cooperate with the local health departments, the Department of Corrections, the
112 Administrative Office of the Courts, the Division of Juvenile Justice Services, and the Crime
113 [Victims] Victim Reparations Board to conduct testing for HIV infection of convicted sexual
114 offenders and any victims of a sexual offense;
115 (p) investigate the cause of maternal and infant mortality;
116 (q) establish, maintain, and enforce a procedure requiring the blood of adult pedestrians
117 and drivers of motor vehicles killed in highway accidents be examined for the presence and
118 concentration of alcohol;
119 (r) provide the commissioner of public safety with monthly statistics reflecting the
120 results of the examinations provided for in Subsection (2)(q) and provide safeguards so that

121 information derived from the examinations is not used for a purpose other than the compilation
122 of statistics authorized in this Subsection (2)(r);
123 (s) establish qualifications for individuals permitted to draw blood pursuant to Section
124 41-6a-523 , and to issue permits to individuals it finds qualified, which permits may be
125 terminated or revoked by the department;
126 (t) establish a uniform public health program throughout the state which includes
127 continuous service, employment of qualified employees, and a basic program of disease
128 control, vital and health statistics, sanitation, public health nursing, and other preventive health
129 programs necessary or desirable for the protection of public health;
130 (u) adopt rules and enforce minimum sanitary standards for the operation and
131 maintenance of:
132 (i) orphanages;
133 (ii) boarding homes;
134 (iii) summer camps for children;
135 (iv) lodging houses;
136 (v) hotels;
137 (vi) restaurants and all other places where food is handled for commercial purposes,
138 sold, or served to the public;
139 (vii) tourist and trailer camps;
140 (viii) service stations;
141 (ix) public conveyances and stations;
142 (x) public and private schools;
143 (xi) factories;
144 (xii) private sanatoria;
145 (xiii) barber shops;
146 (xiv) beauty shops;
147 (xv) physicians' offices;
148 (xvi) dentists' offices;
149 (xvii) workshops;
150 (xviii) industrial, labor, or construction camps;
151 (xix) recreational resorts and camps;

152 (xx) swimming pools, public baths, and bathing beaches;
153 (xxi) state, county, or municipal institutions, including hospitals and other buildings,
154 centers, and places used for public gatherings; and
155 (xxii) of any other facilities in public buildings and on public grounds;
156 (v) conduct health planning for the state;
157 (w) monitor the costs of health care in the state and foster price competition in the
158 health care delivery system;
159 (x) adopt rules for the licensure of health facilities within the state pursuant to Title 26,
160 Chapter 21, Health Care Facility Licensing and Inspection Act;
161 (y) license the provision of child care;
162 (z) accept contributions to and administer the funds contained in the Organ Donation
163 Contribution Fund created in Section 26-18b-101 ; and
164 (aa) serve as the collecting agent, on behalf of the state, for the nursing care facility
165 assessment fee imposed under Title 26, Chapter 35a, Nursing Care Facility Assessment Act,
166 and adopt rules for the enforcement and administration of the nursing facility assessment
167 consistent with the provisions of Title 26, Chapter 35a.
168 Section 2. Section 26A-1-114 is amended to read:
169 26A-1-114. Powers and duties of departments.
170 (1) A local health department may:
171 (a) subject to the provisions in Section 26A-1-108 , enforce state laws, local ordinances,
172 department rules, and local health department standards and regulations relating to public
173 health and sanitation, including the plumbing code adopted by the Division of Occupational
174 and Professional Licensing under Section 58-56-4 and under Title 26, Chapter 15a, Food
175 Safety Manager Certification Act, in all incorporated and unincorporated areas served by the
176 local health department;
177 (b) establish, maintain, and enforce isolation and quarantine, and exercise physical
178 control over property and over individuals as the local health department finds necessary for
179 the protection of the public health;
180 (c) establish and maintain medical, environmental, occupational, and other laboratory
181 services considered necessary or proper for the protection of the public health;
182 (d) establish and operate reasonable health programs or measures not in conflict with

183 state law [that] which:
184 (i) are necessary or desirable for the promotion or protection of the public health and
185 the control of disease; or
186 (ii) may be necessary to ameliorate the major risk factors associated with the major
187 causes of injury, sickness, death, and disability in the state;
188 (e) close theaters, schools, and other public places and prohibit gatherings of people
189 when necessary to protect the public health;
190 (f) abate nuisances or eliminate sources of filth and infectious and communicable
191 diseases affecting the public health and bill the owner or other person in charge of the premises
192 upon which this nuisance occurs for the cost of abatement;
193 (g) make necessary sanitary and health investigations and inspections on its own
194 initiative or in cooperation with the Department of Health or Environmental Quality, or both,
195 as to any matters affecting the public health;
196 (h) pursuant to county ordinance or interlocal agreement:
197 (i) establish and collect appropriate fees for the performance of services and operation
198 of authorized or required programs and duties;
199 (ii) accept, use, and administer all federal, state, or private donations or grants of funds,
200 property, services, or materials for public health purposes; and
201 (iii) make agreements not in conflict with state law [that] which are conditional to
202 receiving a donation or grant;
203 (i) prepare, publish, and disseminate information necessary to inform and advise the
204 public concerning:
205 (i) the health and wellness of the population, specific hazards, and risk factors that may
206 adversely affect the health and wellness of the population; and
207 (ii) specific activities individuals and institutions can engage in to promote and protect
208 the health and wellness of the population;
209 (j) investigate the causes of morbidity and mortality;
210 (k) issue notices and orders necessary to carry out this part;
211 (l) conduct studies to identify injury problems, establish injury control systems,
212 develop standards for the correction and prevention of future occurrences, and provide public
213 information and instruction to special high risk groups;

214 (m) cooperate with boards created under Section 19-1-106 to enforce laws and rules
215 within the jurisdiction of the boards;
216 (n) cooperate with the state health department, the Department of Corrections, the
217 Administrative Office of the Courts, the Division of Juvenile Justice Services, and the Crime
218 [Victims] Victim Reparations Board to conduct testing for HIV infection of convicted sexual
219 offenders and any victims of a sexual offense;
220 (o) investigate suspected bioterrorism and disease pursuant to Section 26-23b-108 ; and
221 (p) provide public health assistance in response to a national, state, or local emergency,
222 a public health emergency as defined in Section 26-23b-102 , or a declaration by the President
223 of the United States or other federal official requesting public health-related activities.
224 (2) The local health department shall:
225 (a) establish programs or measures to promote and protect the health and general
226 wellness of the people within the boundaries of the local health department;
227 (b) investigate infectious and other diseases of public health importance and implement
228 measures to control the causes of epidemic and communicable diseases and other conditions
229 significantly affecting the public health which may include involuntary testing of convicted
230 sexual offenders for the HIV infection pursuant to Section 76-5-502 and voluntary testing of
231 victims of sexual offenses for HIV infection pursuant to Section 76-5-503 ;
232 (c) cooperate with the department in matters pertaining to the public health and in the
233 administration of state health laws; and
234 (d) coordinate implementation of environmental programs to maximize efficient use of
235 resources by developing with the Department of Environmental Quality a Comprehensive
236 Environmental Service Delivery Plan [that] which:
237 (i) recognizes that the Department of Environmental Quality and local health
238 departments are the foundation for providing environmental health programs in the state;
239 (ii) delineates the responsibilities of the department and each local health department
240 for the efficient delivery of environmental programs using federal, state, and local authorities,
241 responsibilities, and resources;
242 (iii) provides for the delegation of authority and pass through of funding to local health
243 departments for environmental programs, to the extent allowed by applicable law, identified in
244 the plan, and requested by the local health department; and

245 (iv) is reviewed and updated annually.
246 (3) The local health department has the following duties regarding public and private
247 schools within its boundaries:
248 (a) enforce all ordinances, standards, and regulations pertaining to the public health of
249 persons attending public and private schools;
250 (b) exclude from school attendance any person, including teachers, who is suffering
251 from any communicable or infectious disease, whether acute or chronic, if the person is likely
252 to convey the disease to those in attendance; and
253 (c) (i) make regular inspections of the health-related condition of all school buildings
254 and premises;
255 (ii) report the inspections on forms furnished by the department to those responsible for
256 the condition and provide instructions for correction of any conditions that impair or endanger
257 the health or life of those attending the schools; and
258 (iii) provide a copy of the report to the department at the time the report is made.
259 (4) If those responsible for the health-related condition of the school buildings and
260 premises do not carry out any instructions for corrections provided in a report in Subsection
261 (3)(c), the local health board shall cause the conditions to be corrected at the expense of the
262 persons responsible.
263 (5) The local health department may exercise incidental authority as necessary to carry
264 out the provisions and purposes of this part.
265 Section 3. Section 53-1-106 is amended to read:
266 53-1-106. Department duties -- Powers.
267 (1) In addition to the responsibilities contained in this title, the department shall:
268 (a) make rules and perform the functions specified in Title 41, Chapter 6a, Traffic
269 Code, including:
270 (i) setting performance standards for towing companies to be used by the department,
271 as required by Section 41-6a-1406 ; and
272 (ii) advising the Department of Transportation regarding the safe design and operation
273 of school buses, as required by Section 41-6a-1304 ;
274 (b) make rules to establish and clarify standards pertaining to the curriculum and
275 teaching methods of a motor vehicle accident prevention course under Section 31A-19a-211 ;

276 (c) aid in enforcement efforts to combat drug trafficking;
277 (d) meet with the Department of Technology Services to formulate contracts, establish
278 priorities, and develop funding mechanisms for dispatch and telecommunications operations;
279 (e) provide assistance to the Crime [Victims'] Victim Reparations Board and Office of
280 Crime Victim Reparations [Office] in conducting research or monitoring victims' programs, as
281 required by Section 63-25a-405 ;
282 (f) develop sexual assault exam protocol standards in conjunction with the Utah
283 Hospital Association;
284 (g) engage in emergency planning activities, including preparation of policy and
285 procedure and rulemaking necessary for implementation of the federal Emergency Planning
286 and Community Right to Know Act of 1986, as required by Section 63-5-5 ;
287 (h) implement the provisions of Section 53-2-202 , the Emergency Management
288 Assistance Compact; and
289 (i) (i) maintain a database of the information listed below regarding each driver license
290 or state identification card status check made by a law enforcement officer:
291 (A) the agency employing the law enforcement officer;
292 (B) the name of the law enforcement officer or the identifying number the agency has
293 assigned to the law enforcement officer;
294 (C) the race and gender of the law enforcement officer;
295 (D) the purpose of the law enforcement officer's status check, including but not limited
296 to a traffic stop or a pedestrian stop; and
297 (E) the race of the individual regarding whom the status check is made, based on the
298 information provided through the application process under Section 53-3-205 or 53-3-804 ;
299 (ii) provide access to the database created in Subsection (1)(i)(i) to the Commission on
300 Criminal and Juvenile Justice for the purpose of:
301 (A) evaluating the data;
302 (B) evaluating the effectiveness of the data collection process; and
303 (C) reporting and making recommendations to the Legislature; and
304 (iii) classify any personal identifying information of any individual, including law
305 enforcement officers, in the database as protected records under Subsection 63-2-304 (9).
306 (2) (a) The department may establish a schedule of fees as required or allowed in this

307 title for services provided by the department.
308 (b) The fees shall be established in accordance with Section 63-38-3.2 .
309 Section 4. Section 53-6-213 is amended to read:
310 53-6-213. Appropriations from reparation fund.
311 (1) The Legislature shall appropriate from the fund established in Title 63, Chapter
312 25a, Part 4, [the] Crime [Victims'] Victim Reparations Act, to the division, funds for training
313 of law enforcement officers in the state.
314 (2) The department shall make an annual report to the Legislature, which includes the
315 amount received during the previous fiscal year.
316 Section 5. Section 63-25a-401 is amended to read:
317 63-25a-401. Title.
318 This part is known as the "Crime [Victims'] Victim Reparations Act" and may be
319 abbreviated as the "CVRA."
320 Section 6. Section 63-25a-402 is amended to read:
321 63-25a-402. Definitions.
322 As used in this chapter:
323 (1) "Accomplice" means a person who has engaged in criminal conduct as defined in
324 Section 76-2-202 .
325 (2) "Board" means the Crime [Victims'] Victim Reparations Board created under
326 Section 63-25a-404 .
327 (3) "Bodily injury" means physical pain, illness, or any impairment of physical
328 condition.
329 (4) "Claim" means:
330 (a) the victim's application or request for a reparations award; and
331 (b) the formal action taken by a victim to apply for reparations pursuant to Sections
332 63-25a-401 through 63-25a-428 .
333 (5) "Claimant" means any of the following claiming reparations under this chapter:
334 (a) a victim;
335 (b) a dependent of a deceased victim;
336 (c) a representative other than a collateral source; or
337 (d) the person or representative who files a claim on behalf of a victim.

338 (6) "Child" means an unemancipated person who is under 18 years of age.
339 (7) "Collateral source" means the definition as provided in Section 63-25a-413 .
340 (8) "Contested case" means a case which the claimant contests, claiming the award was
341 either inadequate or denied, or which a county attorney, a district attorney, a law enforcement
342 officer, or other individual related to the criminal investigation proffers reasonable evidence of
343 the claimant's lack of cooperation in the prosecution of a case after an award has already been
344 given.
345 (9) (a) "Criminally injurious conduct" other than acts of war declared or not declared
346 means conduct that:
347 (i) is or would be subject to prosecution in this state under Section 76-1-201 ;
348 (ii) occurs or is attempted;
349 (iii) causes, or poses a substantial threat of causing, bodily injury or death;
350 (iv) is punishable by fine, imprisonment, or death if the person engaging in the conduct
351 possessed the capacity to commit the conduct; and
352 (v) does not arise out of the ownership, maintenance, or use of a motor vehicle,
353 aircraft, or water craft, unless the conduct is intended to cause bodily injury or death, or is
354 conduct which is or would be punishable under Title 76, Chapter 5, Offenses Against the
355 Person, or as any offense chargeable as driving under the influence of alcohol or drugs.
356 (b) "Criminally injurious conduct" includes an act of terrorism, as defined in 18 U.S.C.
357 2331 committed outside of the United States against a resident of this state. "Terrorism" does
358 not include an "act of war" as defined in 18 U.S.C. 2331.
359 (10) "Dependent" means a natural person to whom the victim is wholly or partially
360 legally responsible for care or support and includes a child of the victim born after his death.
361 (11) "Dependent's economic loss" means loss after the victim's death of contributions
362 of things of economic value to his dependent, not including services the dependent would have
363 received from the victim if he had not suffered the fatal injury, less expenses of the dependent
364 avoided by reason of victim's death.
365 (12) "Dependent's replacement services loss" means loss reasonably and necessarily
366 incurred by the dependent after the victim's death in obtaining services in lieu of those the
367 decedent would have performed for his benefit if he had not suffered the fatal injury, less
368 expenses of the dependent avoided by reason of the victim's death and not subtracted in

369 calculating the dependent's economic loss.
370 (13) "Director" means the director of the Office of Crime Victim Reparations [Office].
371 (14) "Disposition" means the sentencing or determination of penalty or punishment to
372 be imposed upon a person:
373 (a) convicted of a crime;
374 (b) found delinquent; or
375 (c) against whom a finding of sufficient facts for conviction or finding of delinquency
376 is made.
377 (15) "Economic loss" means economic detriment consisting only of allowable expense,
378 work loss, replacement services loss, and if injury causes death, dependent's economic loss and
379 dependent's replacement service loss. Noneconomic detriment is not loss, but economic
380 detriment is loss although caused by pain and suffering or physical impairment.
381 (16) "Elderly victim" means a person 60 years of age or older who is a victim.
382 (17) "Fraudulent claim" means a filed claim based on material misrepresentation of
383 fact and intended to deceive the reparations staff for the purpose of obtaining reparation funds
384 for which the claimant is not eligible as provided in Section 63-25a-410 .
385 (18) "Fund" means the Crime Victim [Reparation] Reparations Fund created in Section
386 63-63a-4 .
387 (19) "Law enforcement officer" means a law enforcement officer as defined in Section
388 53-13-103 .
389 (20) "Medical examination" means a physical examination necessary to document
390 criminally injurious conduct but does not include mental health evaluations for the prosecution
391 and investigation of a crime.
392 (21) "Mental health counseling" means outpatient and inpatient counseling necessitated
393 as a result of criminally injurious conduct. The definition of mental health counseling is
394 subject to rules promulgated by the board pursuant to Title 63, Chapter 46a, Utah
395 Administrative Rulemaking Act.
396 (22) "Misconduct" as provided in Subsection 63-25a-412 (1)(b) means conduct by the
397 victim which was attributable to the injury or death of the victim as provided by rules
398 promulgated by the board pursuant to Title 63, Chapter 46a, Utah Administrative Rulemaking
399 Act.

400 (23) "Noneconomic detriment" means pain, suffering, inconvenience, physical
401 impairment, and other nonpecuniary damage, except as provided in this chapter.
402 (24) "Pecuniary loss" does not include loss attributable to pain and suffering except as
403 otherwise provided in this chapter.
404 (25) "Offender" means a person who has violated the criminal code through criminally
405 injurious conduct regardless of whether he is arrested, prosecuted, or convicted.
406 (26) "Offense" means a violation of the criminal code.
407 (27) "Office of Crime Victim Reparations" or "office" means the office of the
408 reparations staff for the purpose of carrying out the provisions of this chapter.
409 [(27)] (28) "Perpetrator" means the person who actually participated in the criminally
410 injurious conduct.
411 [(28)] (29) "Personal property" has the same definition as provided in Section 68-3-12 .
412 [(29) "Reparations Office" means the office of the reparations staff for the purpose of
413 carrying out this chapter.]
414 (30) "Reparations officer" means a person employed by the [Reparations] office to
415 investigate claims of victims and award reparations under this chapter, and includes the
416 director when he is acting as a reparations officer.
417 (31) "Reparations staff" means the director, the reparations officers, and any other staff
418 employed to administer the Crime [Victims'] Victim Reparations Act.
419 (32) "Replacement service loss" means expenses reasonably and necessarily incurred in
420 obtaining ordinary and necessary services in lieu of those the injured person would have
421 performed, not for income but the benefit of himself or his dependents if he had not been
422 injured.
423 (33) "Representative" means the victim, immediate family member, legal guardian,
424 attorney, conservator, executor, or an heir of a person but does not include service providers.
425 (34) "Restitution" means money or services an appropriate authority orders an offender
426 to pay or render to a victim of the offender's conduct.
427 (35) "Secondary victim" means a person who is traumatically affected by the criminally
428 injurious conduct subject to rules promulgated by the board pursuant to Title 63, Chapter 46a,
429 Utah Administrative Rulemaking Act.
430 (36) "Service provider" means a person or agency who provides a service to crime

431 victims for a monetary fee except attorneys as provided in Section 63-25a-424 .
432 (37) (a) "Victim" means a person who suffers bodily or psychological injury or death as
433 a direct result of criminally injurious conduct or of the production of pornography in violation
434 of Sections 76-5a-1 through 76-5a-4 if the person is a minor.
435 (b) "Victim" does not include a person who participated in or observed the judicial
436 proceedings against an offender unless otherwise provided by statute or rule.
437 (c) "Victim" includes a resident of this state who is injured or killed by an act of
438 terrorism, as defined in 18 U.S.C. 2331, committed outside of the United States.
439 (38) "Work loss" means loss of income from work the injured victim would have
440 performed if he had not been injured and expenses reasonably incurred by him in obtaining
441 services in lieu of those he would have performed for income, reduced by any income from
442 substitute work he was capable of performing but unreasonably failed to undertake.
443 Section 7. Section 63-25a-403 is amended to read:
444 63-25a-403. Restitution -- Reparations not to supplant restitution -- Assignment
445 of claim for restitution judgment to reparations office.
446 (1) A reparations award [shall] may not supplant restitution as established under Title
447 77, Chapter 38a, Crime Victims Restitution Act, or as established by any other provisions.
448 (2) The court [shall] may not [consider a reparations award when determining the]
449 reduce an order of restitution [nor when enforcing restitution] based on a reparations award.
450 (3) If, due to reparation payments to a victim, the Office of Crime Victim Reparations
451 [Office] is assigned under Section 63-25a-419 a claim for the victim's judgment for restitution
452 or a portion of the restitution, the [Reparations] office may file with the sentencing court a
453 notice of the assignment. The notice of assignment shall be signed by the victim and a
454 reparations officer and shall state the amount of the claim assigned.
455 (4) Upon conviction and sentencing of the defendant, the court shall enter a civil
456 judgment for complete restitution as provided in Section 77-38a-401 and identify the
457 [Reparations] office as the assignee of the assigned portion of the judgment.
458 (5) If the notice of assignment is filed after sentencing, the court shall modify the civil
459 judgment for restitution to identify the [Reparations] office as the assignee of the assigned
460 portion of the judgment.
461 Section 8. Section 63-25a-404 is amended to read:

462 63-25a-404. Crime Victim Reparations Board -- Members.
463 (1) (a) A Crime [Victims'] Victim Reparations Board is created, consisting of seven
464 members appointed by the governor with the consent of the Senate.
465 (b) The membership of the board shall consist of:
466 (i) a member of the bar of this state;
467 (ii) a victim of criminally injurious conduct;
468 (iii) a licensed physician;
469 (iv) a representative of law enforcement;
470 (v) a mental health care provider; and
471 (vi) two other private citizens.
472 (c) The governor may appoint a chair of the board who shall serve for a period of time
473 prescribed by the governor, not to exceed the length of the chair's term. The board may elect a
474 vice chair to serve in the absence of the chair.
475 (d) The board may hear appeals from administrative decisions as provided in rules
476 adopted pursuant to Section 63-25a-415 .
477 (2) (a) Except as required by Subsection (2)(b), as terms of current board members
478 expire, the governor shall appoint each new member or reappointed member to a four-year
479 term.
480 (b) Notwithstanding the requirements of Subsection (2)(a), the governor shall, at the
481 time of appointment or reappointment, adjust the length of terms to ensure that the terms of
482 board members are staggered so that approximately half of the board is appointed every two
483 years.
484 (c) A member may be reappointed to one successive term.
485 (3) (a) When a vacancy occurs in the membership for any reason, the replacement shall
486 be appointed for the unexpired term.
487 (b) A member resigning from the board shall serve until his successor is appointed and
488 qualified.
489 (4) (a) (i) Members who are not government employees shall receive no compensation
490 or benefits for their services, but may receive per diem and expenses incurred in the
491 performance of the member's official duties at the rates established by the Division of Finance
492 under Sections 63A-3-106 and 63A-3-107 .

493 (ii) Members may decline to receive per diem and expenses for their service.
494 (b) (i) State government officer and employee members who do not receive salary, per
495 diem, or expenses from their agency for their service may receive per diem and expenses
496 incurred in the performance of their official duties from the board at the rates established by the
497 Division of Finance under Sections 63A-3-106 and 63A-3-107 .
498 (ii) State government officer and employee members may decline to receive per diem
499 and expenses for their service.
500 (5) The board shall meet at least once quarterly but may meet more frequently as
501 necessary.
502 Section 9. Section 63-25a-405 is amended to read:
503 63-25a-405. Board and office within Commission on Criminal and Juvenile
504 Justice.
505 (1) The Crime [Victims'] Victim Reparations Board and Office of Crime Victim
506 Reparations [Office] are placed within the Commission on Criminal and Juvenile Justice for
507 the provision by the commission of administrative and support services [to the Reparations
508 Office].
509 (2) The board or the director may request assistance from the Commission on Criminal
510 and Juvenile Justice, the Department of Public Safety, and other state agencies in conducting
511 research or monitoring victims' programs.
512 [(3) The fund shall appear as a separate line item in the Commission on Criminal and
513 Juvenile Justice budget.]
514 Section 10. Section 63-25a-406 is amended to read:
515 63-25a-406. Functions of board.
516 (1) The board shall:
517 (a) adopt a description of the organization and prescribe the general operation of the
518 board;
519 (b) prescribe policy for the Office of Crime Victim Reparations [Office];
520 (c) adopt rules to implement and administer Sections 63-25a-401 through 63-25a-428
521 pursuant to Title 63, Chapter 46a, Utah Administrative Rulemaking Act, which may include
522 setting of ceilings on reparations, defining of terms not specifically stated in this chapter, and
523 establishing of rules governing attorney fees;

524 (d) prescribe forms for applications for reparations;
525 (e) [review all] receive regular reports from the director regarding awards made by the
526 reparations staff, although the board may not reverse or modify awards authorized by the
527 reparations staff;
528 (f) render an annual report to the governor and the Legislature regarding the staff's and
529 the board's activities;
530 (g) cooperate with the director and his staff in formulating standards for the uniform
531 application of Section 63-25a-409 , taking into consideration the rates and amounts of
532 reparation payable for injuries and death under other laws of this state and the United States;
533 (h) advocate the adoption, repeal, or modification of laws or proposed legislation in the
534 interest of victims of crime;
535 (i) allocate monies available in the Crime Victim [Reparation] Reparations Fund to
536 victims of criminally injurious conduct for reparations claims; and
537 (j) allocate monies available to other victim services as provided by administrative rule
538 once a sufficient reserve has been established for reparation claims.
539 (2) All rules, or other statements of policy, along with application forms specified by
540 the board, are binding upon the director, the reparations officers, and other staff.
541 Section 11. Section 63-25a-407 is amended to read:
542 63-25a-407. Director -- Appointment and functions.
543 The executive director of the Commission on Criminal and Juvenile Justice, after
544 consulting with the board, shall appoint a director to carry out the provisions of this chapter.
545 The director shall be an experienced administrator with a background in at least one of the
546 following fields: social work, psychology, criminal justice, law, or a related field. The director
547 shall demonstrate an understanding of the needs of crime victims and of services to victims.
548 The director shall devote his time and capacity to his duties. The director shall:
549 (1) hire staff, including reparations officers, as necessary;
550 (2) act when necessary as a reparations officer in deciding initial claims;
551 (3) possess the same investigation and decision-making authority as the reparations
552 officers;
553 (4) hear appeals from the decisions of the reparations officers, unless he acted as a
554 reparations officer on the initial claim;

555 (5) serve as a liaison between [the reparations staff and] the Office of Crime Victim
556 Reparations [Office] and the board;
557 (6) serve as the public relations representative of the [Reparations] office;
558 (7) provide for payment of all administrative salaries, fees, and expenses incurred by
559 the staff of the board, to be paid out of appropriations from the fund;
560 (8) cooperate with the state treasurer and the state Division of Finance in causing the
561 funds in the trust fund to be invested and its investments sold or exchanged and the proceeds
562 and income collected;
563 (9) apply for, receive, allocate, disburse, and account for grants of funds made
564 available by the United States, the state, foundations, corporations, and other businesses,
565 agencies, or individuals;
566 (10) obtain and utilize the services of other governmental agencies upon request; and
567 (11) act in any other capacity or perform any other acts necessary for the [Reparations]
568 office or board to successfully fulfill its statutory objectives.
569 Section 12. Section 63-25a-408 is amended to read:
570 63-25a-408. Reparations officers.
571 The reparations officers shall in addition to any assignments made by the director of the
572 Office of Crime Victim Reparations [Office]:
573 (1) hear and determine all matters relating to claims for reparations and reinvestigate or
574 reopen claims without regard to statutes of limitation or periods of prescription;
575 (2) obtain from prosecuting attorneys, law enforcement officers, and other criminal
576 justice agencies, investigations and data to enable the reparations officer to determine whether
577 and to what extent a claimant qualifies for reparations;
578 (3) as determined necessary by the reparations officers, hold hearings, administer oaths
579 or affirmations, examine any person under oath or affirmation, issue subpoenas requiring the
580 attendance and giving of testimony of witnesses, require the production of any books, papers,
581 documents, or other evidence which may contribute to the reparations officer's ability to
582 determine particular reparation awards;
583 (4) determine who is a victim or dependent;
584 (5) award reparations or other benefits determined to be due under this chapter and the
585 rules of the board;

586 (6) take notice of judicially recognized facts and general, technical, and scientific facts
587 within their specialized knowledge;
588 (7) advise and assist the board in developing policies recognizing the rights, needs, and
589 interests of crime victims;
590 (8) render periodic reports as requested by the board concerning:
591 (a) the officers' activities; and
592 (b) the manner in which the rights, needs, and interests of crime victims are being
593 addressed by the state's criminal justice system;
594 (9) establish priorities for assisting elderly victims of crime or those victims facing
595 extraordinary hardships;
596 (10) cooperate with the Commission on Criminal and Juvenile Justice to develop
597 information regarding crime victims' problems and programs; and
598 (11) assist the director in publicizing the provisions of the Crime [Victims'] Victim
599 Reparations Act, including the procedures for obtaining reparation, and in encouraging law
600 enforcement agencies, health providers, and other related officials to take reasonable care to
601 ensure that victims are informed about the provisions of this chapter and the procedure for
602 applying for reparation.
603 Section 13. Section 63-25a-409 is amended to read:
604 63-25a-409. Grounds for eligibility.
605 In order to be eligible for a reparations award under this chapter:
606 (1) The claimant shall be:
607 (a) a victim of criminally injurious conduct;
608 (b) a dependent of a deceased victim of criminally injurious conduct; or
609 (c) a representative acting on behalf of one of the above.
610 (2) (a) The [victim shall be either a resident of Utah or the] criminally injurious
611 conduct shall have occurred in Utah, except as provided in Subsection (2)(b).
612 (b) If a Utah resident suffers injury or death as a result of criminally injurious conduct
613 inflicted in a state, territory, or country which does not provide a crime victims' compensation
614 program, that person shall receive the same consideration under this chapter as if the criminally
615 injurious conduct occurred in this state.
616 (3) The application shall be made in writing in a form that conforms substantially to

617 that prescribed by the board.
618 (4) The criminally injurious conduct shall be reported to a law enforcement officer, in
619 his capacity as a law enforcement officer, or other federal or state investigative agencies.
620 (5) (a) The claimant or victim shall cooperate with the appropriate law enforcement
621 agencies and prosecuting attorneys in their efforts to apprehend or convict the perpetrator of the
622 alleged offense.
623 (b) An award to a victim may be made whether any person is arrested, prosecuted, or
624 convicted of the criminally injurious conduct giving rise to the claim.
625 (6) The criminally injurious conduct shall have occurred after December 31, 1986.
626 Section 14. Section 63-25a-410 is amended to read:
627 63-25a-410. Ineligible persons -- Fraudulent claims -- Penalties.
628 (1) The following individuals [shall] are not [be] eligible to receive an award of
629 reparations:
630 (a) persons who do not meet all of the provisions set forth in Section 63-25a-409 ;
631 (b) the offender;
632 (c) an accomplice of the offender;
633 (d) any person whose receipt of an award would unjustly benefit the offender,
634 accomplice, or other person reasonably suspected of participating in the offense;
635 (e) the victim of a motor vehicle injury who was the owner or operator of the motor
636 vehicle and was not at the time of the injury in compliance with the state motor vehicle
637 insurance laws;
638 (f) any convicted offender serving a sentence of imprisonment [for that conviction or
639 residing in any other institution which provides for the maintenance of convicted persons] in
640 any prison or jail or residing in any other correctional facility; [and]
641 (g) [residents of halfway houses or any other correctional facilities and] all persons
642 who are on probation or parole if the circumstances surrounding the offense of which they are
643 victims constitute a violation of their parole or probation[.]; and
644 (h) any person whose injuries are the result of criminally injurious conduct which
645 occurred in a prison, jail, or any other correctional facility H. while the person was serving a
645a sentence of imprisonment .H .
646 (2) A person who knowingly submits a fraudulent claim for reparations or who
647 knowingly misrepresents material facts in making a claim, and who receives an award based on

648 that claim, is guilty of an offense, based on the following award amounts:
649 (a) for value under $300, a class B misdemeanor;
650 (b) for value equal to or greater than $300, but less than $1,000, a class A
651 misdemeanor;
652 (c) for value equal to or greater than $1,000, but less than $5,000, a third degree felony;
653 and
654 (d) for value equal to or greater than $5,000, a second degree felony.
655 (3) A person who submits a claim described in Subsection (2) but receives no award
656 based on that claim is guilty of a class B misdemeanor.
657 (4) The state attorney general may prosecute violations under this section or may make
658 arrangements with county attorneys for the prosecution of violations under this section when
659 the attorney general cannot conveniently prosecute.
660 (5) The state may also bring a civil action against a claimant who receives reparation
661 payments that are later found to be unjustified and who does not return to the [board] Crime
662 Victim Reparations Fund the unjustified amount.
663 Section 15. Section 63-25a-411 is amended to read:
664 63-25a-411. Compensable losses and amounts.
665 A reparations award under this chapter may be made if:
666 (1) the reparations officer finds the claim satisfies the requirements for the award under
667 the provisions of this chapter and the rules of the board;
668 (2) monies are available in the fund;
669 (3) the person for whom the award of reparations is to be paid is otherwise eligible
670 under this act;
671 (4) the claim is for an allowable expense incurred by the victim, as follows:
672 (a) reasonable and necessary charges incurred for products, services, and
673 accommodations;
674 (b) inpatient and outpatient medical treatment and physical therapy, subject to rules
675 promulgated by the board pursuant to Title 63, Chapter 46a, Utah Administrative Rulemaking
676 Act;
677 (c) mental health counseling which:
678 (i) is set forth in a mental health treatment plan which has been approved prior to any

679 payment by a reparations officer; and
680 (ii) qualifies within any further rules promulgated by the board pursuant to Title 63,
681 Chapter 46a, Utah Administrative Rulemaking Act;
682 (d) actual loss of past earnings and anticipated loss of future earnings because of a
683 death or disability resulting from the personal injury at a rate not to exceed 66-2/3% of the
684 person's weekly gross salary or wages or the maximum amount allowed under the state
685 workers' compensation statute;
686 (e) care of minor children enabling a victim or spouse of a victim, but not both of them,
687 to continue gainful employment at a rate per child per week as determined under rules
688 established by the board;
689 (f) funeral and burial expenses for death caused by the criminally injurious conduct,
690 subject to rules promulgated by the board pursuant to Title 63, Chapter 46a, Utah
691 Administrative Rulemaking Act;
692 (g) loss of support to the dependent or dependents not otherwise compensated for a
693 pecuniary loss for personal injury, for as long as the dependence would have existed had the
694 victim survived, at a rate not to exceed 66-2/3% of the person's weekly salary or wages or the
695 maximum amount allowed under the state workers' compensation statute, whichever is less;
696 (h) personal property necessary and essential to the health or safety of the victim as
697 defined by rules promulgated by the board pursuant to Title 63, Chapter 46a, Utah
698 Administrative Rulemaking Act; and
699 (i) medical examinations as defined in Section 63-25a-402 , subject to rules
700 promulgated by the board pursuant to Title 63, Chapter 46a, Utah Administrative Rulemaking
701 Act, which may allow for exemptions from Sections 63-25a-409 , 63-25a-412 , and 63-25a-413 .
702 [(5) If a Utah resident suffers injury or death as a result of criminally injurious conduct
703 inflicted in a state, territory, or country that does not provide a reciprocal crime victims'
704 compensation program, the Utah resident has the same rights under this chapter as if the
705 injurious conduct occurred in this state.]
706 [(6) An] (5) (a) Except as provided in Subsection (5)(b), an award of reparations
707 [shall] may not exceed $25,000 in the aggregate [unless the victim is entitled to proceeds in
708 excess of that amount as provided in Subsection 77-38a-403 (2). However, reparations for
709 actual medical expenses incurred as a result of].

710 (b) (i) In claims involving homicide, attempted homicide, aggravated assault, or DUI
711 offenses, [may be awarded up to] an award of reparations may not exceed $50,000 in the
712 aggregate.
713 (ii) Reparations for nonmedical expenses incurred as a result of the homicide,
714 attempted homicide, aggravated assault, or DUI may not exceed $25,000.
715 (6) (a) Awards of reparations to secondary victims shall be paid from the victims'
716 maximum award amount provided in Subsection (5).
717 (b) When it appears that allowable expenses for the victim and secondary victims will
718 exceed the maximum award amount provided in Subsection (5), the expenses of the victim
719 shall be paid first unless otherwise requested by the claimant.
720 (c) Priority of payment among multiple secondary victims on a single claim shall be
721 determined by the reparations officer.
722 Section 16. Section 63-25a-412 is amended to read:
723 63-25a-412. Reparations reduction.
724 (1) Reparations otherwise payable to a claimant may be reduced or denied as follows:
725 (a) the economic loss upon which the claim is based has been or could be recouped
726 from other persons, including collateral sources[, and the victim was not entitled to nor
727 receiving monies prior to the criminally injurious conduct giving rise to the claim under this
728 chapter];
729 (b) the reparations officer considers the claim unreasonable because of the misconduct
730 of the claimant or of a victim through whom he claims; or
731 (c) the victim [had] did not [used] use a facility or health care provider [that] which
732 would be covered by a collateral source.
733 (2) When two or more dependents are entitled to an award as a result of a victim's
734 death, the award shall be apportioned by the reparations officer among the dependents.
735 Section 17. Section 63-25a-414 is amended to read:
736 63-25a-414. Notification of claimant -- Suspension of proceedings.
737 (1) The Office of Crime Victim Reparations [Office] shall immediately notify the
738 claimant in writing of any [decision] award and shall forward to the Division of Finance a
739 certified copy of the [decision] award and a warrant request for the amount of the [claim]
740 award. The Division of Finance shall pay the claimant the amount submitted to the division,

741 out of the fund. If monies in the fund are temporarily depleted, claimants [entitled] approved
742 to receive awards shall be placed on a waiting list and shall receive their awards as funds are
743 available in the order in which their [claims] awards were [awarded] approved.
744 (2) The reparations officer may suspend the proceedings pending disposition of a
745 criminal prosecution that has been commenced or is imminent.
746 Section 18. Section 63-25a-415 is amended to read:
747 63-25a-415. Rules for contested claims -- Exemption from Administrative
748 Procedures Act.
749 (1) Rules for procedures for contested determinations by a reparations officer shall be
750 adopted pursuant to Title 63, Chapter 46a, Utah Administrative Rulemaking Act.
751 (2) The Office of Crime [Victims'] Victim Reparations is exempt from Title 63,
752 Chapter 46b, Administrative Procedures Act.
753 Section 19. Section 63-25a-419 is amended to read:
754 63-25a-419. Assignment of recovery -- Reimbursement.
755 (1) By accepting an award of reparations, the victim automatically assigns to the state,
756 subject to the provisions of Subsection (2), all claims against any third party to the lesser of:
757 (a) the amount paid by the state; or
758 (b) the amount recovered from the third party.
759 (2) The board, with the concurrence of the director, may reduce the state's right of
760 reimbursement if it is determined that:
761 (a) the reduction will benefit the fund[.]; or
762 (b) the victim has ongoing expenses related to the offense upon which the claim is
763 based and the benefit to the victim of reducing the state's right of reimbursement exceeds the
764 benefit to the state of receiving full reimbursement.
765 (3) The state reserves the right to make a claim for reimbursement on behalf of the
766 victim and the victim [shall] may not impair the state's claim or the state's right of
767 reimbursement.
768 Section 20. Section 63-25a-421 is amended to read:
769 63-25a-421. Award -- Payment methods -- Claims against the award.
770 (1) The reparations officer may provide for the payment of an award in a lump sum or
771 in installments. The part of an award equal to the amount of economic loss accrued to the date

772 of the award shall be paid in a lump sum. An award of allowable expense that would accrue
773 after an initial award is made may not be paid in a lump sum. Except as provided in
774 Subsection (2), the part of an award that may not be paid in a lump sum shall be paid in
775 installments.
776 (2) At the request of the claimant, the reparations officer may convert future economic
777 loss installment payments, other than allowable expense, to a lump sum payment, discounted to
778 present value, but only upon a finding by the officer that the award in a lump sum will promote
779 the interests of the claimant.
780 (3) An award for future economic loss payable in installments may be made only for a
781 period for which the reparations officer can reasonably determine future economic loss. The
782 reparations officer may reconsider and modify an award for future economic loss payable in
783 installments, upon his finding that a material and substantial change of circumstances has
784 occurred.
785 (4) An award is not subject to execution, attachment, or garnishment, except that an
786 award for allowable expense is not exempt from a claim of a creditor to the extent that he
787 provided products, services, or accommodations, the costs of which are included in the award.
788 (5) An assignment or agreement to assign [a right to] an award of reparations for loss
789 accruing in the future is unenforceable, except:
790 (a) an assignment of [a right to] an award of reparations for work loss to secure
791 payment of alimony, maintenance, or child support;
792 (b) an assignment of [a right to] an award of reparations for allowable expense to the
793 extent that the benefits are for the cost of products, services, or accommodations necessitated
794 by the injury or death on which the claim is based and are provided or to be provided by the
795 assignee; or
796 (c) an assignment to repay a loan obtained to pay for the obligations or expenses
797 described in Subsection (5) (a) or (b).
798 Section 21. Section 63-25a-428 is amended to read:
799 63-25a-428. Purpose -- Not entitlement program.
800 (1) The purpose of the Office of Crime [Victims'] Victim Reparations is [a program
801 with the purpose] to assist victims of criminally injurious conduct who may be eligible for
802 assistance from the Crime Victim Reparations Fund. Reparation to a victim is limited to the

803 monies available in the fund.
804 (2) This program is not an entitlement program. Awards may be limited or denied as
805 determined appropriate by the board. Failure to grant an award does not create a cause of
806 action against the Office of Crime [Victims'] Victim Reparations, the state, or any of its
807 subdivisions. There is no right to judicial review over the decision whether or not to grant an
808 award.
809 (3) A cause of action based on a failure to give or receive the notice required by this
810 chapter does not accrue to any person against the state, any of its agencies or local
811 subdivisions, any of their law enforcement officers or other agents or employees, or any health
812 care or medical provider or its agents or employees. The failure does not affect or alter any
813 requirement for filing or payment of a claim.
814 Section 22. Section 63-55-263 is amended to read:
815 63-55-263. Repeal dates, Titles 63 to 63E.
816 (1) Title 63, Chapter 25a, Part 3, Sentencing Commission, is repealed January 1, 2012.
817 (2) The Crime [Victims'] Victim Reparations Board, created in Section 63-25a-404 , is
818 repealed July 1, 2007.
819 (3) The Resource Development Coordinating Committee, created in Section
820 63-38d-501 , is repealed July 1, 2015.
821 (4) Title 63, Chapter 38f, Part 4, Enterprise Zone Act, is repealed July 1, 2008.
822 (5) (a) Title 63, Chapter 38f, Part 11, Recycling Market Development Zone Act, is
823 repealed July 1, 2010.
824 (b) Sections 59-7-610 and 59-10-1007 regarding tax credits for certain persons in
825 recycling market development zones, are repealed for taxable years beginning on or after
826 January 1, 2011.
827 (c) Notwithstanding Subsection (5)(b), a person may not claim a tax credit under
828 Section 59-7-610 or 59-10-1007 :
829 (i) for the purchase price of machinery or equipment described in Section 59-7-610 or
830 59-10-1007 , if the machinery or equipment is purchased on or after July 1, 2010; or
831 (ii) for an expenditure described in Subsection 59-7-610 (1)(b) or 59-10-1007 (1)(b), if
832 the expenditure is made on or after July 1, 2010.
833 (d) Notwithstanding Subsections (5)(b) and (c), a person may carry forward a tax credit

834 in accordance with Section 59-7-610 or 59-10-1007 if:
835 (i) the person is entitled to a tax credit under Section 59-7-610 or 59-10-1007 ; and
836 (ii) (A) for the purchase price of machinery or equipment described in Section
837 59-7-610 or 59-10-1007 , the machinery or equipment is purchased on or before June 30, 2010;
838 or
839 (B) for an expenditure described in Subsection 59-7-610 (1)(b) or 59-10-1007 (1)(b), the
840 expenditure is made on or before June 30, 2010.
841 (6) Title 63, Chapter 47, Utah Commission for Women and Families, is repealed July
842 1, 2011.
843 (7) Title 63, Chapter 75, Families, Agencies, and Communities Together for Children
844 and Youth At Risk Act, is repealed July 1, 2016.
845 (8) Title 63, Chapter 88, Navajo Trust Fund, is repealed July 1, 2008.
846 (9) Title 63, Chapter 99, Utah Commission on Aging, is repealed July 1, 2007.
847 (10) [(a)] Section 63A-4-204 , authorizing the Risk Management Fund to provide
848 coverage to any public school district [that] which chooses to participate, is repealed July 1,
849 2016.
850 [(b) Section 63A-4-205 , authorizing the Risk Management Fund to provide coverage to
851 any local health department that chooses to participate, is repealed July 1, 2006.]
852 (11) Section 63C-8-106 , Rural residency training program, is repealed July 1, 2015.
853 Section 23. Section 63-63a-4 is amended to read:
854 63-63a-4. Distribution of surcharge amounts.
855 (1) In this section:
856 (a) "Reparation fund" means the Crime Victim [Reparation] Reparations Fund.
857 (b) "Safety account" means the Public Safety Support Account.
858 (2) (a) There is created a restricted special revenue fund known as the "Crime Victim
859 [Reparation] Reparations Fund" to be administered and distributed as provided in this chapter
860 by the Office of Crime Victim Reparations [Office] under Title 63, Chapter 25a, Part 4, Crime
861 [Victims'] Victim Reparations Act, in cooperation with the Division of Finance.
862 (b) Monies deposited in this fund are for victim reparations, criminal justice and
863 substance abuse, other victim services, and, as appropriated, for administrative costs of the
864 Commission on Criminal and Juvenile Justice under Title 63, Chapter 25a.

865 (3) (a) There is created a restricted account in the General Fund known as the "Public
866 Safety Support Account" to be administered and distributed by the Department of Public Safety
867 in cooperation with the Division of Finance as provided in this chapter.
868 (b) Monies deposited in this account shall be appropriated to:
869 (i) the Division of Peace Officer Standards and Training (POST) as described in Title
870 53, Chapter 6, Peace Officer Standards and Training Act; and
871 (ii) the Office of the Attorney General for the support of the Utah Prosecution Council
872 established in Title 67, Chapter 5a, and the fulfillment of the council's duties.
873 (4) The Division of Finance shall allocate from the collected surcharge established in
874 Section 63-63a-1 :
875 (a) 35% to the [reparation fund] Crime Victim Reparations Fund;
876 (b) 18.5% to the safety account for POST, but not to exceed the amount appropriated
877 by the Legislature; and
878 (c) 3% to the safety account for support of the Utah Prosecution Council, but not to
879 exceed the amount appropriated by the Legislature.
880 (5) (a) In addition to the funding provided by other sections of this chapter, a
881 percentage of the income earned by inmates working for correctional industries in a federally
882 certified private sector/prison industries enhancement program shall be deposited in the
883 [reparation fund] Crime Victim Reparations Fund.
884 (b) The percentage of income deducted from inmate pay under Subsection (5)(a) shall
885 be determined by the executive director of the Department of Corrections in accordance with
886 the requirements of the private sector/prison industries enhancement program.
887 (6) (a) In addition to other monies collected from the surcharge, judges are encouraged
888 to, and may in their discretion, impose additional reparations to be paid into the [reparation
889 fund] Crime Victim Reparations Fund by convicted criminals.
890 (b) The additional discretionary reparations may not exceed the statutory maximum
891 fine permitted by Title 76, Utah Criminal Code, for that offense.
892 Section 24. Section 67-4a-405 is amended to read:
893 67-4a-405. Deposit of funds.
894 (1) (a) There is created a private-purpose trust fund entitled the "Unclaimed Property
895 Trust Fund."

896 (b) The fund consists of all funds received under this chapter, including the proceeds
897 from the sale of abandoned property.
898 (c) The fund shall earn interest.
899 (2) The administrator shall:
900 (a) pay any legitimate claims or deductions authorized by this chapter from the fund;
901 (b) before the end of the fiscal year, estimate the amount of money from the fund [that]
902 which will ultimately be needed to be paid to claimants; and
903 (c) at the end of the fiscal year, transfer any amount in excess of that amount to the
904 Uniform School Fund, except that unclaimed restitution for crime victims shall be transferred
905 to the Crime Victim [Reparation] Reparations Fund.
906 (3) Before making any transfer to the Uniform School Fund, the administrator may
907 deduct from the fund:
908 (a) amounts appropriated by the Legislature for administration of this chapter;
909 (b) any costs incurred in connection with the sale of abandoned property;
910 (c) costs of mailing and publication in connection with any abandoned property;
911 (d) reasonable service charges; and
912 (e) costs incurred in examining records of holders of property and in collecting the
913 property from those holders.
914 Section 25. Section 77-2-4.2 is amended to read:
915 77-2-4.2. Compromise of traffic charges -- Limitations.
916 (1) As used in this section:
917 (a) "Compromise" means referral of a person charged with a traffic violation to traffic
918 school or other school, class, or remedial or rehabilitative program.
919 (b) "Traffic violation" means any charge for which bail may be forfeited in lieu of
920 appearance, by citation or information, of a violation of:
921 (i) Title 41, Chapter 6a, Traffic Code, amounting to:
922 (A) a class B misdemeanor;
923 (B) a class C misdemeanor; or
924 (C) an infraction; or
925 (ii) any local traffic ordinance.
926 (2) Any compromise of a traffic violation shall be done pursuant to a plea in abeyance

927 agreement as provided in Title 77, Chapter 2a, Pleas in Abeyance, except:
928 (a) when the criminal prosecution is dismissed pursuant to Section 77-2-4 ; or
929 (b) when there is a plea by the defendant to and entry of a judgment by a court for the
930 offense originally charged or for an amended charge.
931 (3) In all cases which are compromised pursuant to the provisions of Subsection (2):
932 (a) the court, taking into consideration the offense charged, shall collect a plea in
933 abeyance fee which shall:
934 (i) be subject to the same surcharge as if imposed on a criminal fine;
935 (ii) be allocated subject to the surcharge as if paid as a criminal fine under Section
936 78-3-14.5 and a surcharge under Title 63, Chapter 63a, Crime Victim [Reparation Trust]
937 Reparations Fund, Public Safety Support Funds, Substance Abuse Prevention Account, and
938 Services for Victims of Domestic Violence Account; and
939 (iii) be not more than $25 greater than the bail designated in the Uniform Bail
940 Schedule; or
941 (b) if no plea in abeyance fee is collected, a surcharge on the fee charged for the traffic
942 school or other school, class, or rehabilitative program shall be collected, which surcharge
943 shall:
944 (i) be computed, assessed, collected, and remitted in the same manner as if the traffic
945 school fee and surcharge had been imposed as a criminal fine and surcharge; and
946 (ii) be subject to the financial requirements contained in Title 63, Chapter 63a, Crime
947 Victim [Reparation Trust] Reparations Fund, Public Safety Support Funds, Substance Abuse
948 Prevention Account, and Services for Victims of Domestic Violence Account.
949 (4) If a written plea in abeyance agreement is provided, or the defendant requests a
950 written accounting, an itemized statement of all amounts assessed by the court shall be
951 provided, including:
952 (a) the Uniform Bail Schedule amount;
953 (b) the amount of any surcharges being assessed; and
954 (c) the amount of the plea in abeyance fee.
955 Section 26. Section 77-2a-3 is amended to read:
956 77-2a-3. Manner of entry of plea -- Powers of court.
957 (1) (a) Acceptance of any plea in anticipation of a plea in abeyance agreement shall be

958 done in full compliance with the provisions of Rule 11, Utah Rules of Criminal Procedure.
959 (b) In cases charging offenses for which bail may be forfeited, a plea in abeyance
960 agreement may be entered into without a personal appearance before a magistrate.
961 (2) A plea in abeyance agreement may provide that the court may, upon finding that the
962 defendant has successfully completed the terms of the agreement:
963 (a) reduce the degree of the offense and enter judgment of conviction and impose
964 sentence for a lower degree of offense; or
965 (b) allow withdrawal of defendant's plea and order the dismissal of the case.
966 (3) Upon finding that a defendant has successfully completed the terms of a plea in
967 abeyance agreement, the court may reduce the degree of the offense or dismiss the case only as
968 provided in the plea in abeyance agreement or as agreed to by all parties. Upon sentencing a
969 defendant for any lesser offense pursuant to a plea in abeyance agreement, the court may not
970 invoke Section 76-3-402 to further reduce the degree of the offense.
971 (4) The court may require the Department of Corrections to assist in the administration
972 of the plea in abeyance agreement as if the defendant were on probation to the court under
973 Section 77-18-1 .
974 (5) The terms of a plea in abeyance agreement may include:
975 (a) an order that the defendant pay a nonrefundable plea in abeyance fee, with a
976 surcharge based on the amount of the plea in abeyance fee, both of which shall be allocated in
977 the same manner as if paid as a fine for a criminal conviction under Section 78-3-14.5 and a
978 surcharge under Title 63, Chapter 63a, Crime Victim [Reparation Trust] Reparations Fund,
979 Public Safety Support Funds, Substance Abuse Prevention Account, and Services for Victims
980 of Domestic Violence Account, and which may not exceed in amount the maximum fine and
981 surcharge which could have been imposed upon conviction and sentencing for the same
982 offense;
983 (b) an order that the defendant pay restitution to the victims of his actions as provided
984 in Title 77, Chapter 38a, Crime Victims Restitution Act;
985 (c) an order that the defendant pay the costs of any remedial or rehabilitative program
986 required by the terms of the agreement; and
987 (d) an order that the defendant comply with any other conditions which could have
988 been imposed as conditions of probation upon conviction and sentencing for the same offense.

989 (6) A court may not hold a plea in abeyance without the consent of both the
990 prosecuting attorney and the defendant. A decision by a prosecuting attorney not to agree to a
991 plea in abeyance is final.
992 (7) No plea may be held in abeyance in any case involving a sexual offense against a
993 victim who is under the age of 14.
994 (8) Beginning on July 1, 2008, no plea may be held in abeyance in any case involving a
995 driving under the influence violation under Section 41-6a-502 .
996 Section 27. Section 77-37-3 is amended to read:
997 77-37-3. Bill of Rights.
998 (1) The bill of rights for victims and witnesses is:
999 (a) Victims and witnesses have a right to be informed as to the level of protection from
1000 intimidation and harm available to them, and from what sources, as they participate in criminal
1001 justice proceedings as designated by Section 76-8-508 , regarding witness tampering, and
1002 Section 76-8-509 , regarding threats against a victim. Law enforcement, prosecution, and
1003 corrections personnel have the duty to timely provide this information in a form [that] which is
1004 useful to the victim.
1005 (b) Victims and witnesses, including children and their guardians, have a right to be
1006 informed and assisted as to their role in the criminal justice process. All criminal justice
1007 agencies have the duty to provide this information and assistance.
1008 (c) Victims and witnesses have a right to clear explanations regarding relevant legal
1009 proceedings; these explanations shall be appropriate to the age of child victims and witnesses.
1010 All criminal justice agencies have the duty to provide these explanations.
1011 (d) Victims and witnesses should have a secure waiting area that does not require them
1012 to be in close proximity to defendants or the family and friends of defendants. Agencies
1013 controlling facilities shall, whenever possible, provide this area.
1014 (e) Victims are entitled to restitution or reparations, including medical costs, as
1015 provided in Title 63, Chapter 25a, Criminal Justice and Substance Abuse, and Sections
1016 [ 62A-7-109 ] 62A-7-109.5 , 77-38a-302 , and 77-27-6 . State and local government agencies that
1017 serve victims have the duty to have a functional knowledge of the procedures established by the
1018 [Utah] Crime [Victims'] Victim Reparations Board and to inform victims of these procedures.
1019 (f) Victims and witnesses have a right to have any personal property returned as

1020 provided in Sections 77-24-1 through 77-24-5 . Criminal justice agencies shall expeditiously
1021 return the property when it is no longer needed for court law enforcement or prosecution
1022 purposes.
1023 (g) Victims and witnesses have the right to reasonable employer intercession services,
1024 including pursuing employer cooperation in minimizing employees' loss of pay and other
1025 benefits resulting from their participation in the criminal justice process. Officers of the court
1026 shall provide these services and shall consider victims' and witnesses' schedules so that
1027 activities which conflict can be avoided. Where conflicts cannot be avoided, the victim may
1028 request that the responsible agency intercede with employers or other parties.
1029 (h) Victims and witnesses, particularly children, should have a speedy disposition of
1030 the entire criminal justice process. All involved public agencies shall establish policies and
1031 procedures to encourage speedy disposition of criminal cases.
1032 (i) Victims and witnesses have the right to timely notice of judicial proceedings they
1033 are to attend and timely notice of cancellation of any proceedings. Criminal justice agencies
1034 have the duty to provide these notifications. Defense counsel and others have the duty to
1035 provide timely notice to prosecution of any continuances or other changes that may be required.
1036 (j) Victims of sexual offenses have a right to be informed of their right to request
1037 voluntary testing for themselves for HIV infection as provided in Section 76-5-503 and to
1038 request mandatory testing of the convicted sexual offender for HIV infection as provided in
1039 Section 76-5-502 . The law enforcement office where the sexual offense is reported shall have
1040 the responsibility to inform victims of this right.
1041 (2) Informational rights of the victim under this chapter are based upon the victim
1042 providing his current address and telephone number to the criminal justice agencies involved in
1043 the case.
1044 Section 28. Section 77-37-5 is amended to read:
1045 77-37-5. Remedies -- Victims' Rights Committee.
1046 Remedies available are:
1047 (1) In each judicial district, the presiding district court judge shall appoint a person
1048 who shall establish and chair a victims' rights committee consisting of:
1049 (a) a county attorney or district attorney;
1050 (b) a sheriff;

1051 (c) a corrections field services administrator;
1052 (d) an appointed victim advocate;
1053 (e) a municipal attorney;
1054 (f) a municipal chief of police; and
1055 (g) other representatives as appropriate.
1056 (2) The committee shall meet at least semiannually to review progress and problems
1057 related to this chapter, Title 77, Chapter 38, Rights of Crime Victims Act and Utah
1058 Constitution Article I, Section 28. Victims and other interested parties may submit matters of
1059 concern to the victims' rights committee. The committee may hold a hearing open to the public
1060 on any appropriate matter of concern and may publish its findings. These matters shall also be
1061 considered at the meetings of the victims' rights committee. The committee shall forward
1062 minutes of all meetings to the Commission on Criminal and Juvenile Justice and the Office of
1063 Crime [Victims'] Victim Reparations for review and other appropriate action.
1064 (3) The Office of Crime [Victims'] Victim Reparations shall provide materials to local
1065 law enforcement to inform every victim of a sexual offense of the right to request testing of the
1066 convicted sexual offender and of the victim as provided in Section 76-5-502 .
1067 (4) If a person acting under color of state law willfully or wantonly fails to perform
1068 duties so that the rights in this chapter are not provided, an action for injunctive relief may be
1069 brought against the individual and the government entity that employs the individual. The
1070 failure to provide the rights in this chapter or Title 77, Chapter 38, Rights of Crime Victims
1071 Act, does not constitute cause for a judgment against the state or any government entity, or any
1072 individual employed by the state or any government entity, for monetary damages, [attorney's]
1073 attorney fees, or the costs of exercising any rights under this chapter.
1074 (5) The person accused of and subject to prosecution for the crime or the act which
1075 would be a crime if committed by a competent adult, has no standing to make a claim
1076 concerning any violation of the provisions of this chapter.
1077 Section 29. Section 77-38-3 is amended to read:
1078 77-38-3. Notification to victims -- Initial notice, election to receive subsequent
1079 notices -- Form of notice -- Protected victim information.
1080 (1) Within seven days of the filing of felony criminal charges against a defendant, the
1081 prosecuting agency shall provide an initial notice to reasonably identifiable and locatable

1082 victims of the crime contained in the charges, except as otherwise provided in this chapter.
1083 (2) The initial notice to the victim of a crime shall provide information about electing
1084 to receive notice of subsequent important criminal justice hearings listed in Subsections
1085 77-38-2 (5)(a) through (f) and rights under this chapter.
1086 (3) The prosecuting agency shall provide notice to a victim of a crime for the important
1087 criminal justice hearings, provided in Subsections 77-38-2 (5)(a) through (f) which the victim
1088 has requested.
1089 (4) (a) The responsible prosecuting agency may provide initial and subsequent notices
1090 in any reasonable manner, including telephonically, electronically, orally, or by means of a
1091 letter or form prepared for this purpose.
1092 (b) In the event of an unforeseen important criminal justice hearing, listed in
1093 Subsections 77-38-2 (5)(a) through (f) for which a victim has requested notice, a good faith
1094 attempt to contact the victim by telephone shall be considered sufficient notice, provided that
1095 the prosecuting agency subsequently notifies the victim of the result of the proceeding.
1096 (5) (a) The court shall take reasonable measures to ensure that its scheduling practices
1097 for the proceedings provided in Subsections 77-38-2 (5)(a) through (f) permit an opportunity for
1098 victims of crimes to be notified.
1099 (b) The court shall also consider whether any notification system [that] it might use to
1100 provide notice of judicial proceedings to defendants could be used to provide notice of those
1101 same proceedings to victims of crimes.
1102 (6) A defendant or, if it is the moving party, Adult Probation and Parole, shall give
1103 notice to the responsible prosecuting agency of any motion for modification of any
1104 determination made at any of the important criminal justice hearings provided in Subsections
1105 77-38-2 (5)(a) through (f) in advance of any requested court hearing or action so that the
1106 prosecuting agency may comply with its notification obligation.
1107 (7) (a) Notice to a victim of a crime shall be provided by the Board of Pardons and
1108 Parole for the important criminal justice hearing provided in Subsection 77-38-2 (5)(g).
1109 (b) The board may provide notice in any reasonable manner, including telephonically,
1110 electronically, orally, or by means of a letter or form prepared for this purpose.
1111 (8) Prosecuting agencies and the Board of Pardons and Parole are required to give
1112 notice to a victim of a crime for the proceedings provided in Subsections 77-38-2 (5)(a) through

1113 (f) only where the victim has responded to the initial notice, requested notice of subsequent
1114 proceedings, and provided a current address and telephone number if applicable.
1115 (9) (a) Law enforcement and criminal justice agencies shall refer any requests for
1116 notice or information about crime victim rights from victims to the responsible prosecuting
1117 agency.
1118 (b) In a case in which the Board of Pardons and Parole is involved, the responsible
1119 prosecuting agency shall forward any request for notice [that] it has received from a victim to
1120 the Board of Pardons and Parole.
1121 (10) In all cases where the number of victims exceeds ten, the responsible prosecuting
1122 agency may send any notices required under this chapter in its discretion to a representative
1123 sample of the victims.
1124 (11) (a) A victim's address, telephone number, and victim impact statement maintained
1125 by a peace officer, prosecuting agency, Youth Parole Authority, Division of Juvenile Justice
1126 Services, Department of Corrections, and Board of Pardons and Parole, for purposes of
1127 providing notice under this section, is classified as protected as provided in Subsection
1128 63-2-304 (10).
1129 (b) The victim's address, telephone number, and victim impact statement is available
1130 only to the following persons or entities in the performance of their duties:
1131 (i) a law enforcement agency, including the prosecuting agency;
1132 (ii) a victims' right committee as provided in Section 77-37-5 ;
1133 (iii) a governmentally sponsored victim or witness program;
1134 (iv) the Department of Corrections;
1135 (v) Office of Crime [Victims'] Victim Reparations;
1136 (vi) Commission on Criminal and Juvenile Justice; and
1137 (vii) the Board of Pardons and Parole.
1138 (12) The notice provisions as provided in this section do not apply to misdemeanors as
1139 provided in Section 77-38-5 and to important juvenile justice hearings as provided in Section
1140 77-38-2 .
1141 Section 30. Section 78-61-101 is amended to read:
1142 78-61-101. Definitions.
1143 As used in this chapter:

1144 (1) "Conviction" means an adjudication by a federal or state court resulting from a trial
1145 or plea, including a plea of no contest, nolo contendere, a finding of not guilty due to insanity,
1146 or not guilty but mentally ill regardless of whether the sentence was imposed or suspended.
1147 (2) "Fund" means the Crime Victim [Reparation] Reparations Fund created in Section
1148 63-63a-4 .
1149 (3) "Memorabilia" means any tangible property of a person convicted of a first degree
1150 or capital felony, the value of which is enhanced by the notoriety gained from the conviction.
1151 (4) "Profit" means any income or benefit over and above the fair market value of the
1152 property that is received upon the sale or transfer of memorabilia.
1153 Section 31. Repealer.
1154 This bill repeals:
1155 Section 63-25a-420, Special verdict -- Allocation of damages.




Legislative Review Note
as of 1-15-07 2:10 PM

Office of Legislative Research and General Counsel