This document includes House Committee Amendments incorporated into the bill on Wed, Feb 22, 2017 at 2:08 PM by jeyring.
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7 LONG TITLE
8 General Description:
9 This bill provides alleged victims with reasonable notice of a suspect's pending release
10 from custody.
11 Highlighted Provisions:
12 This bill:
13 ▸ provides notice of a suspect's pending release from custody to alleged victims who
14 have properly registered with the appropriate notification system;
15 ▸ lists the forms of communication that may be used to provide notice to an alleged
16 victim;
17 ▸ requires the arresting agency to inform an alleged victim of the right to register with
18 the notification system and provide guidance on how to register;
19 ▸ addresses application of other statutes; and
20 ▸ makes technical changes.
21 Money Appropriated in this Bill:
22 None
23 Other Special Clauses:
24 None
25 Utah Code Sections Affected:
26 AMENDS:
27 77-38-2, as last amended by Laws of Utah 1997, Chapter 103
28 77-38-3, as last amended by Laws of Utah 2016, Chapter 223
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30 Be it enacted by the Legislature of the state of Utah:
31 Section 1. Section 77-38-2 is amended to read:
32 77-38-2. Definitions.
33 For the purposes of this chapter and the Utah Constitution:
34 (1) "Abuse" means treating the crime victim in a manner so as to injure, damage, or
35 disparage.
36 (2) "Dignity" means treating the crime victim with worthiness, honor, and esteem.
37 (3) "Fairness" means treating the crime victim reasonably, even-handedly, and
38 impartially.
39 (4) "Harassment" means treating the crime victim in a persistently annoying manner.
40 (5) "Important criminal justice hearings" or "important juvenile justice hearings" means
41 the following proceedings in felony criminal cases or cases involving a minor's conduct which
42 would be a felony if committed by an adult:
43 (a) any preliminary hearing to determine probable cause;
44 (b) any court arraignment where practical;
45 (c) any court proceeding involving the disposition of charges against a defendant or
46 minor or the delay of a previously scheduled trial date but not including any unanticipated
47 proceeding to take an admission or a plea of guilty as charged to all charges previously filed or
48 any plea taken at an initial appearance;
49 (d) any court proceeding to determine whether to release a defendant or minor and, if
50 so, under what conditions release may occur, excluding any such release determination made at
51 an initial appearance;
52 (e) any criminal or delinquency trial, excluding any actions at the trial that a court
53 might take in camera, in chambers, or at a sidebar conference;
54 (f) any court proceeding to determine the disposition of a minor or sentence, fine, or
55 restitution of a defendant or to modify any disposition of a minor or sentence, fine, or
56 restitution of a defendant; and
57 (g) any public hearing concerning whether to grant a defendant or minor parole or other
58 form of discretionary release from confinement.
59 (6) "Reliable information" means information worthy of confidence, including any
60 information whose use at sentencing is permitted by the United States Constitution.
61 (7) "Representative of a victim" means a person who is designated by the victim or
62 designated by the court and who represents the victim in the best interests of the victim.
63 (8) "Respect" means treating the crime victim with regard and value.
64 (9) (a) "Victim of a crime" means any natural person against whom the charged crime
65 or conduct is alleged to have been perpetrated or attempted by the defendant or minor
66 personally or as a party to the offense or conduct or, in the discretion of the court, against
67 whom a related crime or act is alleged to have been perpetrated or attempted, unless the natural
68 person is the accused or appears to be accountable or otherwise criminally responsible for or
69 criminally involved in the crime or conduct or a crime or act arising from the same conduct,
70 criminal episode, or plan as the crime is defined under the laws of this state.
71 (b) For purposes of the right to be present, "victim of a crime" does not mean any
72 person who is in custody as a pretrial detainee, as a prisoner following conviction for an
73 offense, or as a juvenile who has committed an act that would be an offense if committed by an
74 adult, or who is in custody for mental or psychological treatment.
75 (c) For purposes of the right to be present and heard at a public hearing as provided in
76 Subsection [
77 77-38-3[
78 of criminal conduct who is not a victim of the offense to which the defendant entered a
79 negotiated plea of guilty.
80 Section 2. Section 77-38-3 is amended to read:
81 77-38-3. Notification to victims -- Initial notice, election to receive subsequent
82 notices -- Form of notice -- Protected victim information -- Pretrial criminal no contact
83 order.
84 (1) (a) Before the release from custody of a suspect from a county jail or other adult
85 correctional facility in the state, an alleged victim Ĥ→ who is a natural person and ←Ĥ who has
85a properly registered with the
86 appropriate notification system shall be provided reasonable notice of the suspect's pending
87 release.
88 (b) Notification may be provided in person, via telephone, text, email, or other
89 electronic message communication.
90 (c) The arresting agency, at the time of arrest, or as soon as reasonably possible, shall
91 inform the alleged victim of the alleged victim's right to register for notification of the suspect's
92 pending release from custody and provide the alleged victim with reasonable guidance on how
93 to register to receive notification.
94 (d) Notice under this Subsection (1) is in addition to and does not replace other
95 notification requirements under other statutes.
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97 the prosecuting agency shall provide an initial notice to reasonably identifiable and locatable
98 victims of the crime contained in the charges, except as otherwise provided in this chapter.
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100 electing to receive notice of subsequent important criminal justice hearings listed in
101 Subsections 77-38-2(5)(a) through (f) and rights under this chapter.
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103 (a) for the important criminal justice hearings, provided in Subsections 77-38-2(5)(a)
104 through (f), which the victim has requested; and
105 (b) for restitution requests to be submitted as provided in Subsection 77-38a-302(5)(d).
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107 notices in any reasonable manner, including telephonically, electronically, orally, or by means
108 of a letter or form prepared for this purpose.
109 (b) In the event of an unforeseen important criminal justice hearing, listed in
110 Subsections 77-38-2(5)(a) through (f) for which a victim has requested notice, a good faith
111 attempt to contact the victim by telephone shall be considered sufficient notice, provided that
112 the prosecuting agency subsequently notifies the victim of the result of the proceeding.
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114 practices for the proceedings provided in Subsections 77-38-2(5)(a) through (f) permit an
115 opportunity for victims of crimes to be notified.
116 (b) The court shall also consider whether any notification system it might use to
117 provide notice of judicial proceedings to defendants could be used to provide notice of those
118 same proceedings to victims of crimes.
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120 give notice to the responsible prosecuting agency of any motion for modification of any
121 determination made at any of the important criminal justice hearings provided in Subsections
122 77-38-2(5)(a) through (f) in advance of any requested court hearing or action so that the
123 prosecuting agency may comply with its notification obligation.
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125 and Parole for the important criminal justice hearing provided in Subsection 77-38-2(5)(g).
126 (b) The board may provide notice in any reasonable manner, including telephonically,
127 electronically, orally, or by means of a letter or form prepared for this purpose.
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129 notice to a victim of a crime for the proceedings provided in Subsections 77-38-2(5)(a) through
130 (f) only where the victim has responded to the initial notice, requested notice of subsequent
131 proceedings, and provided a current address and telephone number if applicable.
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133 for notice or information about crime victim rights from victims to the responsible prosecuting
134 agency.
135 (b) In a case in which the Board of Pardons and Parole is involved, the responsible
136 prosecuting agency shall forward any request for notice it has received from a victim to the
137 Board of Pardons and Parole.
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139 prosecuting agency may send any notices required under this chapter in its discretion to a
140 representative sample of the victims.
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142 maintained by a peace officer, prosecuting agency, Youth Parole Authority, Division of
143 Juvenile Justice Services, Department of Corrections, and Board of Pardons and Parole, for
144 purposes of providing notice under this section, is classified as protected as provided in
145 Subsection 63G-2-305(10).
146 (b) The victim's address, telephone number, and victim impact statement is available
147 only to the following persons or entities in the performance of their duties:
148 (i) a law enforcement agency, including the prosecuting agency;
149 (ii) a victims' right committee as provided in Section 77-37-5;
150 (iii) a governmentally sponsored victim or witness program;
151 (iv) the Department of Corrections;
152 (v) the Utah Office for Victims of Crime;
153 (vi) the Commission on Criminal and Juvenile Justice; and
154 (vii) the Board of Pardons and Parole.
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156 misdemeanors as provided in Section 77-38-5 and to important juvenile justice hearings as
157 provided in Section 77-38-2.
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159 76-5-301 through 76-5-310 regarding kidnapping, human trafficking, and human smuggling;
160 Sections 76-5-401 through 76-5-413 regarding sexual offenses; or Section 76-10-1306
161 regarding aggravated exploitation of prostitution, the court may, during any court hearing
162 where the defendant is present, issue a pretrial criminal no contact order:
163 (i) prohibiting the defendant from harassing, telephoning, contacting, or otherwise
164 communicating with the victim directly or through a third party;
165 (ii) ordering the defendant to stay away from the residence, school, place of
166 employment of the victim, and the premises of any of these, or any specified place frequented
167 by the victim or any designated family member of the victim directly or through a third party;
168 and
169 (iii) ordering any other relief that the court considers necessary to protect and provide
170 for the safety of the victim and any designated family or household member of the victim.
171 (b) Violation of a pretrial criminal no contact order issued pursuant to this section is a
172 third degree felony.
173 (c) (i) The court shall provide to the victim a certified copy of any pretrial criminal no
174 contact order that has been issued if the victim can be located with reasonable effort.
175 (ii) The court shall also transmit the pretrial criminal no contact order to the statewide
176 domestic violence network in accordance with Section 78B-7-113.
Legislative Review Note
Office of Legislative Research and General Counsel