1     
CRIME VICTIM REPARATIONS AND ASSISTANCE BOARD

2     
AMENDMENTS

3     
2020 GENERAL SESSION

4     
STATE OF UTAH

5     
Chief Sponsor: Brian S. King

6     
Senate Sponsor: Derek L. Kitchen

7     

8     LONG TITLE
9     General Description:
10          This bill modifies provisions relating to the Utah Office for Victims of Crime and the
11     Crime Victim Reparations and Assistance Board.
12     Highlighted Provisions:
13          This bill:
14          ▸     creates and modifies definitions;
15          ▸     modifies the circumstances under which an individual is ineligible to receive a
16     reparations award from the Utah Office for Victims of Crime;
17          ▸     clarifies provisions relating to the total amount the Utah Office for Victims of
18     Crime may provide to a victim as a reparations award;
19          ▸     modifies provisions relating to assignment of claims and reimbursements for
20     criminally injurious conduct made to the Utah Office for Victims of Crime;
21          ▸     prohibits a medical service provider from seeking collection from a victim before a
22     reparations award is determined by the Utah Office for Victims of Crime;
23          ▸     tolls the statute of limitations for an action by a medical service provider while the
24     Utah Office for Victims of Crime determines issuance of a reparations award; and
25          ▸     makes technical and conforming changes.
26     Money Appropriated in this Bill:
27          None
28     Other Special Clauses:
29          None
30     Utah Code Sections Affected:
31     AMENDS:
32          63M-7-502, as last amended by Laws of Utah 2019, Chapter 297
33          63M-7-503, as last amended by Laws of Utah 2015, Chapter 147
34          63M-7-505, as last amended by Laws of Utah 2011, Chapter 131
35          63M-7-506, as last amended by Laws of Utah 2011, Chapter 131
36          63M-7-507, as last amended by Laws of Utah 2011, Chapter 131
37          63M-7-508, as last amended by Laws of Utah 2011, Chapter 131
38          63M-7-509, as last amended by Laws of Utah 2008, Chapter 339 and renumbered and
39     amended by Laws of Utah 2008, Chapter 382
40          63M-7-510, as last amended by Laws of Utah 2013, Chapter 118
41          63M-7-511, as last amended by Laws of Utah 2011, Chapter 342
42          63M-7-511.5, as enacted by Laws of Utah 2008, Chapter 339
43          63M-7-512, as last amended by Laws of Utah 2008, Chapter 339 and renumbered and
44     amended by Laws of Utah 2008, Chapter 382
45          63M-7-513, as renumbered and amended by Laws of Utah 2008, Chapter 382
46          63M-7-514, as last amended by Laws of Utah 2011, Chapters 131 and 342
47          63M-7-515, as last amended by Laws of Utah 2011, Chapter 131
48          63M-7-516, as last amended by Laws of Utah 2011, Chapter 131
49          63M-7-517, as renumbered and amended by Laws of Utah 2008, Chapter 382
50          63M-7-518, as renumbered and amended by Laws of Utah 2008, Chapter 382
51          63M-7-519, as last amended by Laws of Utah 2008, Chapter 339 and renumbered and
52     amended by Laws of Utah 2008, Chapter 382
53          63M-7-521, as last amended by Laws of Utah 2008, Chapter 339 and renumbered and
54     amended by Laws of Utah 2008, Chapter 382
55          63M-7-521.5, as enacted by Laws of Utah 2008, Chapter 339
56          63M-7-522, as renumbered and amended by Laws of Utah 2008, Chapter 382
57          63M-7-523, as renumbered and amended by Laws of Utah 2008, Chapter 382
58          63M-7-524, as renumbered and amended by Laws of Utah 2008, Chapter 382
59          63M-7-525, as last amended by Laws of Utah 2011, Chapter 131
60     

61     Be it enacted by the Legislature of the state of Utah:
62          Section 1. Section 63M-7-502 is amended to read:
63          63M-7-502. Definitions.
64          As used in this [chapter] part:
65          (1) "Accomplice" means [a person] an individual who has engaged in criminal conduct
66     as [defined] described in Section 76-2-202.
67          (2) "Board" means the Crime Victim Reparations and Assistance Board created under
68     Section 63M-7-504.
69          (3) "Bodily injury" means physical pain, illness, or any impairment of physical
70     condition.
71          [(4) "Claim" means:]
72          [(a) the victim's application or request for a reparations award; and]
73          [(b) the formal action taken by a victim to apply for reparations pursuant to this
74     chapter.]
75          [(5)] (4) "Claimant" means any of the following claiming a reparations award under
76     this [chapter] part:
77          (a) a victim;
78          (b) a dependent of a deceased victim; or
79          [(c) a representative other than a collateral source; or (d) the person]
80          (c) an individual or representative who files a reparations claim on behalf of a victim.
81          [(6)] (5) "Child" means an unemancipated [person] individual who is under 18 years of
82     age.
83          [(7)] (6) "Collateral source" means [the definition as provided in Section 63M-7-513.]
84     any source of benefits or advantages for economic loss otherwise reparable under this part
85     which the victim or claimant has received, or which is readily available to the victim from:
86          (a) the offender;
87          (b) the insurance of the offender or the victim;
88          (c) the United States government or any of its agencies, a state or any of its political
89     subdivisions, or an instrumentality of two or more states, except in the case on nonobligatory
90     state-funded programs;
91          (d) social security, Medicare, and Medicaid;
92          (e) state-required temporary nonoccupational income replacement insurance or
93     disability income insurance;
94          (f) workers' compensation;
95          (g) wage continuation programs of any employer;
96          (h) proceeds of a contract of insurance payable to the victim for the loss the victim
97     sustained because of the criminally injurious conduct;
98          (i) a contract providing prepaid hospital and other health care services or benefits for
99     disability; or
100          (j) veteran's benefits, including veteran's hospitalization benefits.
101          [(8) "Contested case" means a case which the claimant contests, claiming the award
102     was either inadequate or denied, or which a county attorney, a district attorney, a law
103     enforcement officer, or other individual related to the criminal investigation proffers reasonable
104     evidence of the claimant's lack of cooperation in the prosecution of a case after an award has
105     already been given.]
106          [(9)] (7) (a) "Criminally injurious conduct" other than acts of war declared or not
107     declared means conduct that:
108          (i) is or would be subject to prosecution in this state under Section 76-1-201;
109          (ii) occurs or is attempted;
110          (iii) causes, or poses a substantial threat of causing, bodily injury or death;
111          (iv) is punishable by fine, imprisonment, or death if the [person] individual engaging in
112     the conduct possessed the capacity to commit the conduct; and
113          (v) does not arise out of the ownership, maintenance, or use of a motor vehicle,
114     aircraft, or water craft, unless the conduct is intended to cause bodily injury or death, or is
115     conduct which is or would be punishable under Title 76, Chapter 5, Offenses Against the
116     Person, or as any offense chargeable as driving under the influence of alcohol or drugs.
117          (b) "Criminally injurious conduct" includes an act of terrorism, as defined in 18 U.S.C.
118     Sec. 2331 committed outside of the United States against a resident of this state. "Terrorism"
119     does not include an "act of war" as defined in 18 U.S.C. Sec. 2331.
120          (c) "Criminally injurious conduct" includes a felony violation of Section 76-7-101 and
121     other conduct leading to the psychological injury of [a person] an individual resulting from
122     living in a setting that involves a bigamous relationship.
123          [(10)] (8) "Dependent" means a natural person to whom the victim is wholly or
124     partially legally responsible for care or support and includes a child of the victim born after the
125     victim's death.
126          [(11)] (9) "Dependent's economic loss" means loss after the victim's death of
127     contributions of things of economic value to the victim's dependent, not including services the
128     dependent would have received from the victim if the victim had not suffered the fatal injury,
129     less expenses of the dependent avoided by reason of victim's death.
130          [(12)] (10) "Dependent's replacement services loss" means loss reasonably and
131     necessarily incurred by the dependent after the victim's death in obtaining services in lieu of
132     those the decedent would have performed for the victim's benefit if the victim had not suffered
133     the fatal injury, less expenses of the dependent avoided by reason of the victim's death and not
134     subtracted in calculating the dependent's economic loss.
135          [(13)] (11) "Director" means the director of the [Utah Office for Victims of Crime]
136     office.
137          [(14)] (12) "Disposition" means the sentencing or determination of penalty or
138     punishment to be imposed upon [a person] an individual:
139          (a) convicted of a crime;
140          (b) found delinquent; or
141          (c) against whom a finding of sufficient facts for conviction or finding of delinquency
142     is made.
143          [(15)] (13) (a) "Economic loss" means economic detriment consisting only of
144     allowable expense, work loss, replacement services loss, and if injury causes death, dependent's
145     economic loss and dependent's replacement service loss. [Noneconomic detriment is not loss,
146     but]
147          (b) "Economic loss" includes economic detriment [is loss although] even if caused by
148     pain and suffering or physical impairment.
149          (c) "Economic loss" does not include noneconomic detriment.
150          [(16)] (14) "Elderly victim" means [a person] an individual 60 years of age or older
151     who is a victim.
152          [(17)] (15) "Fraudulent claim" means a [filed] reparations claim based on material
153     misrepresentation of fact and intended to deceive the reparations staff for the purpose of
154     obtaining reparation funds for which the claimant is not eligible [as provided in Section
155     63M-7-510].
156          [(18)] (16) "Fund" means the Crime Victim Reparations Fund created in Section
157     51-9-404.
158          [(19)] (17) "Law enforcement officer" means a law enforcement officer as defined in
159     Section 53-13-103.
160          [(20)] (18) "Medical examination" means a physical examination necessary to
161     document criminally injurious conduct but does not include mental health evaluations for the
162     prosecution and investigation of a crime.
163          [(21)] (19) "Mental health counseling" means outpatient and inpatient counseling
164     necessitated as a result of criminally injurious conduct[. The definition of mental health
165     counseling is], subject to rules [promulgated] made by the board [pursuant to] in accordance
166     with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
167          [(22)] (20) "Misconduct" as provided in Subsection 63M-7-512(1)(b) means conduct
168     by the victim which was attributable to the injury or death of the victim as provided by rules
169     [promulgated] made by the board [pursuant to] in accordance with Title 63G, Chapter 3, Utah
170     Administrative Rulemaking Act.
171          [(23)] (21) "Noneconomic detriment" means pain, suffering, inconvenience, physical
172     impairment, and other nonpecuniary damage, except as provided in this [chapter] part.
173          [(24)] (22) "Pecuniary loss" does not include loss attributable to pain and suffering
174     except as otherwise provided in this [chapter] part.
175          [(25)] (23) "Offender" means [a person] an individual who has violated the [criminal
176     code] Utah Criminal Code through criminally injurious conduct regardless of whether the
177     [person] individual is arrested, prosecuted, or convicted.
178          [(26)] (24) "Offense" means a violation of the [criminal code.] Utah Criminal Code.
179          (25) "Office" means the director, the reparations and assistance officers, and any other
180     staff employed for the purpose of carrying out the provisions of this part.
181          [(27)] (26) "Perpetrator" means the [person] individual who actually participated in the
182     criminally injurious conduct.
183          (27) "Reparations award" means money or other benefits provided to a claimant or to
184     another on behalf of a claimant after the day on which a reparations claim is approved by the
185     office.
186          (28) "Reparations claim" means a claimant's request or application made to the office
187     for a reparations award.
188          [(28)] (29) "Reparations officer" means [a person] an individual employed by the office
189     to investigate claims of victims and award reparations under this [chapter] part, and includes
190     the director when the director is acting as a reparations officer.
191          [(29)] (30) "Replacement service loss" means expenses reasonably and necessarily
192     incurred in obtaining ordinary and necessary services in lieu of those the injured [person]
193     individual would have performed, not for income but the benefit of the injured [person]
194     individual or the injured [person's] individual's dependents if the injured [person] individual
195     had not been injured.
196          [(30)] (31) "Representative" means the victim, immediate family member, legal
197     guardian, attorney, conservator, executor, or an heir of [a person] an individual but does not
198     include a service [providers] provider or collateral source.
199          [(31)] (32) "Restitution" means money or services an appropriate authority orders an
200     offender to pay or render to a victim of the offender's conduct.
201          [(32)] (33) "Secondary victim" means [a person] an individual who is traumatically
202     affected by the criminally injurious conduct subject to rules [promulgated] made by the board
203     [pursuant to] in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
204          [(33)] (34) "Service provider" means [a person] an individual or agency who provides a
205     service to crime victims for a monetary fee except attorneys as provided in Section 63M-7-524.
206          (35) "Serious bodily injury" means the same as that term is defined in Section
207     76-1-601.
208          (36) "Substantial bodily injury" means the same as that term is defined in Section
209     76-1-601.
210          [(34) "Utah Office for Victims of Crime" or "office" means the director, the reparations
211     and assistance officers, and any other staff employed for the purpose of carrying out the
212     provisions of this chapter.]
213          [(35)] (37) (a) "Victim" means [a person] an individual who suffers bodily or
214     psychological injury or death as a direct result of criminally injurious conduct or of the
215     production of pornography in violation of Section 76-5b-201 if the [person] individual is a
216     minor.
217          (b) "Victim" does not include [a person] an individual who participated in or observed
218     the judicial proceedings against an offender unless otherwise provided by statute or rule made
219     in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
220          (c) "Victim" includes a resident of this state who is injured or killed by an act of
221     terrorism, as defined in 18 U.S.C. Sec. 2331, committed outside of the United States.
222          [(36)] (38) "Work loss" means loss of income from work the injured victim would
223     have performed if the injured victim had not been injured and expenses reasonably incurred by
224     the injured victim in obtaining services in lieu of those the injured victim would have
225     performed for income, reduced by any income from substitute work the injured victim was
226     capable of performing but unreasonably failed to undertake.
227          Section 2. Section 63M-7-503 is amended to read:
228          63M-7-503. Restitution -- Reparations not to supplant restitution -- Assignment
229     of claim for restitution judgment to Reparations Office.
230          (1) A reparations award may not supplant restitution as established under Title 77,
231     Chapter 38a, Crime Victims Restitution Act, or as established by any other provisions.
232          (2) The court may not reduce an order of restitution based on a reparations award.
233          (3) (a) (i) If, due to reparation payments to a victim, the [Utah Office for Victims of
234     Crime] office is assigned under Section 63M-7-519 a claim for the victim's judgment for
235     restitution or a portion of the restitution, the office may file with the sentencing court a notice
236     of restitution listing the amounts or estimated future amounts of payments made or anticipated
237     to be made to or on behalf of the victim.
238          (ii) The [Utah Office for Victims of Crime] office may provide a restitution notice to
239     the victim or victim's representative [prior to] before or at sentencing. [The amount of
240     restitution sought by the office may be updated at any time, subject to the right of the defendant
241     to object. Failure to provide the notice may]
242          (iii) The office's failure to provide notice under Subsection (3)(a) does not invalidate
243     the imposition of the judgment or order of restitution [provided] if the defendant is given the
244     opportunity to object and be heard as provided in this [chapter] part.
245          (b) (i) Any objection by the defendant to the imposition or amount of restitution shall
246     be made at the time of sentencing or in writing within 20 days [of the receipt of notice] after
247     the day on which the defendant receives the notice described in Subsection (3)(a), to be filed
248     with the court and a copy mailed to the [Utah Office for Victims of Crime] office.
249          (ii) Upon the filing of the objection, the court shall allow the defendant a full hearing
250     on the issue [as provided by] in accordance with Subsection 77-38a-302(4).
251          (iii) The amount of restitution sought by the office may be updated at any time, subject
252     to the right of the defendant to object.
253          (4) If no objection is made or filed by the defendant under Subsection (3), then upon
254     conviction and sentencing, the court shall enter a judgment for complete restitution [pursuant to
255     the provisions of] under Subsections 76-3-201(4)(c) and (d) and identify the office as the
256     assignee of the assigned portion of the judgment and order of restitution.
257          (5) If the notice of restitution is filed after sentencing but during the term of probation
258     or parole, the court or Board of Pardons shall modify any existing civil judgment and order of
259     restitution to include expenses paid by the office on behalf of the victim and identify the office
260     as the assignee of the assigned portion of the judgment and order of restitution. If no judgment
261     or order of restitution has been entered, the court shall enter a judgment for complete restitution
262     and court-ordered restitution [pursuant to the provisions of] under Sections 77-38a-302 and
263     77-38a-401.
264          Section 3. Section 63M-7-505 is amended to read:
265          63M-7-505. Board and office within Commission on Criminal and Juvenile
266     Justice.
267          (1) The [Crime Victim Reparations and Assistance Board] board and the [Utah Office
268     for Victims of Crime] office are placed within the Commission on Criminal and Juvenile
269     Justice for the provision by the commission of administrative and support services.
270          (2) The board or the director may request assistance from the Commission on Criminal
271     and Juvenile Justice, the Department of Public Safety, and other state agencies in conducting
272     research or monitoring victims' programs.
273          Section 4. Section 63M-7-506 is amended to read:
274          63M-7-506. Functions of board.
275          (1) The [Crime Victim Reparations and Assistance Board] board shall:
276          (a) adopt a description of the [organization] office and prescribe the general operation
277     of the board;
278          (b) prescribe policy for the [Utah Office for Victims of Crime] office;
279          (c) adopt rules to implement and administer this [chapter pursuant to] part in
280     accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, which may
281     include setting of ceilings on reparations, defining of terms not specifically stated in this
282     [chapter] part, and establishing of rules governing attorney fees;
283          (d) prescribe forms for applications for reparations;
284          (e) review all reparations awards made by the reparations staff, although the board may
285     not reverse or modify reparations awards authorized by the reparations staff;
286          (f) render an annual report to the governor and the Legislature regarding the staff's and
287     the board's activities;
288          (g) cooperate with the director and the director's staff in formulating standards for the
289     uniform application of Section 63M-7-509, taking into consideration the rates and amounts of
290     reparation payable for injuries and death under other laws of this state and the United States;
291          (h) allocate money available in the [Crime Victim Reparations Fund] fund to victims of
292     criminally injurious conduct for reparations claims;
293          (i) allocate money available to other victim services as provided by administrative rule
294     made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, once a
295     sufficient reserve has been established for reparation claims; and
296          (j) approve the allocation and disbursement of funds made available to the office by the
297     United States, the state, foundations, corporations, or other entities or individuals to
298     subgrantees from private, non-profit, and governmental entities operating qualified statewide
299     assistance programs.
300          (2) All rules, or other statements of policy, along with application forms specified by
301     the board, are binding upon the director, the reparations officers, assistance officers, and other
302     staff.
303          Section 5. Section 63M-7-507 is amended to read:
304          63M-7-507. Director -- Appointment and functions.
305          (1) The executive director of the Commission on Criminal and Juvenile Justice, after
306     consulting with the board, shall appoint a director to carry out the provisions of this [chapter]
307     part.
308          (2) The director shall:
309          (a) be an experienced administrator with a background in at least one of the following
310     fields:
311          (i) social work[,];
312          (ii) psychology[,];
313          (iii) criminal justice[,];
314          (iv) law[, or a related field. The director shall]; or
315          (v) another field related to the fields described in Subsections (2)(a)(i) through (iv);
316          (b) demonstrate an understanding of the needs of crime victims and of services to
317     victims[. The director shall]; and
318          (c) devote the director's time and capacity to the director's duties. [The]
319          (3) In addition to the requirements under Subsection (2), the director shall:
320          [(1)] (a) hire staff, including reparations and assistance officers, as necessary;
321          [(2)] (b) act when necessary as a reparations officer in deciding an initial [claims]
322     reparations claim;
323          [(3)] (c) possess the same investigation and decision-making authority as the
324     reparations officers;
325          [(4)] (d) hear appeals from the decisions of the reparations officers, unless the director
326     acted as a reparations officer on the initial reparations claim;
327          [(5)] (e) serve as a liaison between the [Utah Office for Victims of Crime] office and
328     the board;
329          [(6)] (f) serve as the public relations representative of the office;
330          [(7)] (g) provide for payment of all administrative salaries, fees, and expenses incurred
331     by the staff of the board, to be paid out of appropriations from the fund;
332          [(8)] (h) cooperate with the state treasurer and the state Division of Finance in causing
333     the funds in the [trust] fund to be invested and [its] the fund's investments sold or exchanged
334     and the proceeds and income collected;
335          [(9)] (i) apply for, receive, allocate, disburse, and account for, subject to approval and
336     in conformance with policies adopted by the board, all grant funds made available by the
337     United States, the state, foundations, corporations, and other businesses, agencies, or
338     individuals;
339          [(10)] (j) obtain and utilize the services of other governmental agencies upon request;
340     and
341          [(11)] (k) act in any other capacity or perform any other acts necessary for the office or
342     board to successfully fulfill [its] the office's or board's statutory duties and objectives.
343          Section 6. Section 63M-7-508 is amended to read:
344          63M-7-508. Reparations officers.
345          The reparations officers shall in addition to any assignments made by the director [of
346     the Utah Office for Victims of Crime]:
347          (1) hear and determine all matters relating to [claims for] a reparations claim and
348     reinvestigate or reopen [claims] a reparations claim without regard to statutes of limitation or
349     periods of prescription;
350          (2) obtain from prosecuting attorneys, law enforcement officers, and other criminal
351     justice agencies, investigations and data to enable the reparations officer to determine whether
352     and to what extent a claimant qualifies for reparations;
353          (3) as determined necessary by the reparations officers, hold hearings, administer oaths
354     or affirmations, examine any [person] individual under oath or affirmation, issue subpoenas
355     requiring the attendance and giving of testimony of witnesses, require the production of any
356     books, papers, documents, or other evidence which may contribute to the reparations officer's
357     ability to determine particular reparation awards;
358          (4) determine who is a victim or dependent;
359          (5) award reparations or other benefits determined to be due under this [chapter] part
360     and the rules of the board made in accordance with Title 63G, Chapter 3, Utah Administrative
361     Rulemaking Act;
362          (6) take notice of judicially recognized facts and general, technical, and scientific facts
363     within [their] the reparations officers' specialized knowledge;
364          (7) advise and assist the board in developing policies recognizing the rights, needs, and
365     interests of crime victims;
366          (8) render periodic reports as requested by the board concerning:
367          (a) the reparations officers' activities; and
368          (b) the manner in which the rights, needs, and interests of crime victims are being
369     addressed by the state's criminal justice system;
370          (9) establish priorities for assisting elderly victims of crime or those victims facing
371     extraordinary hardships;
372          (10) cooperate with the State Commission on Criminal and Juvenile Justice to develop
373     information regarding crime victims' problems and programs; and
374          (11) assist the director in publicizing the provisions of the [Utah Office for Victims of
375     Crime] office, including the procedures for obtaining reparation, and in encouraging law
376     enforcement agencies, health providers, and other related officials to take reasonable care to
377     ensure that victims are informed about the provisions of this [chapter] part and the procedure
378     for applying for reparation.
379          Section 7. Section 63M-7-509 is amended to read:
380          63M-7-509. Grounds for eligibility.
381          [In order to be] (1) A victim is eligible for a reparations award under this [chapter] part
382     if:
383          [(1) The claimant shall be:]
384          (a) the claimant is:
385          [(a)] (i) a victim of criminally injurious conduct;
386          [(b)] (ii) a dependent of a deceased victim of criminally injurious conduct; or
387          [(c)] (iii) a representative acting on behalf of one of the above[.];
388          [(2) (a) The] (b) (i) the criminally injurious conduct [shall have] occurred in Utah[,
389     except as provided in Subsection (2)(b). (b) If]; or
390          (ii) the victim is a Utah resident who suffers injury or death as a result of criminally
391     injurious conduct inflicted in a state, territory, or country [which] that does not provide a crime
392     victims' compensation program[, that person shall receive the same consideration under this
393     chapter as if the criminally injurious conduct occurred in this state.(3) The application shall
394     be];
395          (c) the application is made in writing in a form that conforms substantially to that
396     prescribed by the board[. (4) The];
397          (d) the criminally injurious conduct [shall be] is reported to a law enforcement officer,
398     in the law enforcement officer's capacity as a law enforcement officer, or [other] another
399     federal or state investigative [agencies. (5) (a) The claimant or victim shall cooperate] agency;
400          (e) the claimant or victim cooperates with the appropriate law enforcement agencies
401     and prosecuting attorneys in [their] efforts to apprehend or convict the perpetrator of the
402     alleged offense[.]; and
403          [(b) An award to a victim may be made whether any person is arrested, prosecuted, or
404     convicted of the criminally injurious conduct giving rise to the claim. (6) The]
405          (f) the criminally injurious conduct [shall have] occurred after December 31, 1986.
406          (2) A reparations award may be made to a victim regardless of whether any individual
407     is arrested, prosecuted, or convicted of the criminally injurious conduct giving rise to a
408     reparations claim.
409          Section 8. Section 63M-7-510 is amended to read:
410          63M-7-510. Ineligible individuals -- Fraudulent reparations claims -- Penalties.
411          (1) The following individuals are not eligible to receive [an award of] a reparations
412     award:
413          (a) [persons who do] an individual who does not meet all of the provisions set forth in
414     Section 63M-7-509;
415          (b) the offender;
416          (c) an accomplice of the offender;
417          (d) [any person] an individual whose receipt of [an] a reparations award would unjustly
418     benefit the offender, accomplice, or [other person] another individual reasonably suspected of
419     participating in the offense;
420          (e) the victim of a motor vehicle injury who was the owner or operator of the motor
421     vehicle and was not at the time of the injury in compliance with the state motor vehicle
422     insurance laws;
423          (f) [any] a convicted offender serving a sentence of imprisonment in any prison or jail
424     or residing in any other correctional facility;
425          (g) [all persons who are] an individual who is on probation or parole if the
426     circumstances surrounding the offense of which [they are victims constitute] the individual is a
427     victim is a violation of [their parole or probation] the individual's probation or parole; [and]
428          (h) [any person] an individual whose injuries are the result of criminally injurious
429     conduct that occurred in a prison, jail, or [any other] another correctional facility while the
430     [person] individual was incarcerated[.]; and
431          (i) an individual who:
432          (i) submits a fraudulent claim; or
433          (ii) misrepresents a material fact in requesting a reparations award.
434          [(2) A person who knowingly submits a fraudulent claim for reparations or who
435     knowingly misrepresents material facts in making a claim, and who receives an award based on
436     that claim, is guilty of an offense, based on the following award amounts:]
437          [(a) for value under $500, a class B misdemeanor;]
438          [(b) for value equal to or greater than $500, but less than $1,500, a class A
439     misdemeanor;]
440          [(c) for value equal to or greater than $1,500, but less than $5,000, a third degree
441     felony; and]
442          [(d) for value equal to or greater than $5,000, a second degree felony.]
443          [(3) A person who submits a claim described in Subsection (2) but receives no award
444     based on that claim is guilty of a class B misdemeanor.]
445          (2) (a) An individual may not knowingly:
446          (i) submit a fraudulent claim; or
447          (ii) misrepresent a material fact in requesting a reparations award.
448          (b) A violation of Subsection (2)(a) is:
449          (i) a class B misdemeanor if:
450          (A) the individual who violates Subsection (2)(a) does not receive a reparations award;
451     or
452          (B) the value of the reparations award received is less than $500;
453          (ii) a class A misdemeanor if the value of the reparations award received is or exceeds
454     $500 but is less than $1,500;
455          (iii) a third degree felony if the value of the reparations award received is or exceeds
456     $1,500 but is less than $5,000; and
457          (iv) a second degree felony if the value of the reparations award received is or exceeds
458     $5,000.
459          [(4)] (3) The state attorney general may prosecute violations under this section or may
460     make arrangements with county [attorneys] or city attorneys for the prosecution of violations
461     under this section when the attorney general cannot conveniently prosecute.
462          [(5) The state may also bring a civil action against a claimant who receives reparation
463     payments that are later found to be unjustified and who does not return to the Crime Victim
464     Reparations Fund the unjustified amount.]
465          (4) (a) A claimant who is not eligible to receive a reparations award under Subsection
466     (1) but receives a reparations award shall reimburse the fund for the amount of the reparations
467     award.
468          (b) The office may bring a civil action against a victim who does not reimburse the
469     fund for the amount of the reparations award in accordance with Subsection (4)(a).
470          Section 9. Section 63M-7-511 is amended to read:
471          63M-7-511. Compensable losses and amounts.
472          A reparations award under this [chapter] part may be made if:
473          (1) the reparations officer finds the reparations claim satisfies the requirements for the
474     reparations award under the provisions of this [chapter] part and the rules of the board;
475          (2) money is available in the fund;
476          (3) the [person] individual for whom the [award of] reparations award is to be paid is
477     otherwise eligible under this part; and
478          (4) the reparations claim is for an allowable expense incurred by the victim, as follows:
479          (a) reasonable and necessary charges incurred for products, services, and
480     accommodations;
481          (b) inpatient and outpatient medical treatment and physical therapy, subject to rules
482     [promulgated] made by the board [pursuant to] in accordance with Title 63G, Chapter 3, Utah
483     Administrative Rulemaking Act;
484          (c) mental health counseling [which] that:
485          (i) is set forth in a mental health treatment plan [which has been approved prior to] that
486     is approved before any payment is made by a reparations officer; and
487          (ii) qualifies within any further rules [promulgated] made by the board [pursuant to] in
488     accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;
489          (d) actual loss of past earnings and anticipated loss of future earnings because of a
490     death or disability resulting from the personal injury at a rate not to exceed 66-2/3% of the
491     [person's] individual's weekly gross salary or wages or the maximum amount allowed under the
492     state workers' compensation statute;
493          (e) care of minor children enabling a victim or spouse of a victim, but not both [of
494     them], to continue gainful employment at a rate per child per week as determined under rules
495     established by the board in accordance with Title 63G, Chapter 3, Utah Administrative
496     Rulemaking Act;
497          (f) funeral and burial expenses for death caused by the criminally injurious conduct,
498     subject to rules [promulgated] made by the board [pursuant to] in accordance with Title 63G,
499     Chapter 3, Utah Administrative Rulemaking Act;
500          (g) loss of support to [the] a dependent [or dependents] not otherwise compensated for
501     a pecuniary loss for personal injury, for as long as the dependence would have existed had the
502     victim survived, at a rate not to exceed 66-2/3% of the [person's] individual's weekly salary or
503     wages or the maximum amount allowed under the state workers' compensation statute,
504     whichever is less;
505          (h) personal property necessary and essential to the health or safety of the victim as
506     defined by rules [promulgated] made by the board [pursuant to] in accordance with Title 63G,
507     Chapter 3, Utah Administrative Rulemaking Act; and
508          (i) medical examinations [as defined in Section 63M-7-502], subject to rules
509     [promulgated] made by the board [pursuant to] in accordance with Title 63G, Chapter 3, Utah
510     Administrative Rulemaking Act, which may allow for exemptions from Sections 63M-7-509,
511     63M-7-512, and 63M-7-513.
512          Section 10. Section 63M-7-511.5 is amended to read:
513          63M-7-511.5. Limitation of reparations awards.
514          (1) (a) Except as provided in Subsection (1)(b), [an award of] a reparations award may
515     not exceed $25,000 [in the aggregate].
516          [(b) (i) In claims involving homicide, attempted homicide, aggravated assault, or DUI
517     offenses, an award of reparations may not exceed $50,000 in the aggregate.]
518          [(ii) Reparations for nonmedical expenses incurred as a result of the homicide,
519     attempted homicide, aggravated assault, or DUI may not exceed $25,000.]
520          [(2) (a) Awards of reparations to secondary victims shall be paid from the victims'
521     maximum award amount provided in Subsection (1).]
522          [(b) When it appears that allowable expenses for the victim and secondary victims will
523     exceed the maximum award amount provided in Subsection (1), the expenses of the victim
524     shall be paid first unless otherwise requested by the claimant.]
525          (b) Notwithstanding Subsection (1)(a), a reparations award for medical expenses
526     resulting from serious bodily injury or substantial bodily injury may not exceed $50,000.
527          (2) (a) A reparations award under Subsection (1) includes any reparations award for a
528     secondary victim.
529          (b) Unless otherwise requested by the claimant, the office shall pay a reparations award
530     for the victim before a reparation award for a secondary victim.
531          (c) [Priority] The reparations officer shall determine the priority of payment among
532     multiple secondary victims on a single reparations claim [shall be determined by the
533     reparations officer].
534          Section 11. Section 63M-7-512 is amended to read:
535          63M-7-512. Reparations reduction.
536          (1) Reparations otherwise payable to a claimant may be reduced or denied as follows:
537          (a) the economic loss upon which the claim is based has been or could be recouped
538     from other persons, including collateral sources;
539          (b) the reparations officer considers the reparations claim unreasonable because of the
540     misconduct of the claimant [or of a victim through whom the claimant claims]; or
541          (c) the victim did not use a facility or health care provider which would be covered by
542     a collateral source.
543          (2) When two or more dependents are entitled to [an] a reparations award as a result of
544     a victim's death, the [award shall be apportioned by the] reparations officer shall apportion the
545     reparations award among the dependents.
546          Section 12. Section 63M-7-513 is amended to read:
547          63M-7-513. Collateral sources.
548          [(1) Collateral source shall include any source of benefits or advantages for economic
549     loss otherwise reparable under this chapter which the victim or claimant has received, or which
550     is readily available to the victim from:]
551          [(a) the offender;]
552          [(b) the insurance of the offender;]
553          [(c) the United States government or any of its agencies, a state or any of its political
554     subdivisions, or an instrumentality of two or more states, except in the case on nonobligatory
555     state-funded programs;]
556          [(d) social security, Medicare, and Medicaid;]
557          [(e) state-required temporary nonoccupational income replacement insurance or
558     disability income insurance;]
559          [(f) workers' compensation;]
560          [(g) wage continuation programs of any employer;]
561          [(h) proceeds of a contract of insurance payable to the victim for the loss the victim
562     sustained because of the criminally injurious conduct;]
563          [(i) a contract providing prepaid hospital and other health care services or benefits for
564     disability; or]
565          [(j) veteran's benefits, including veteran's hospitalization benefits. (2)]
566          (1) (a) An order of restitution [shall] may not be considered readily available as a
567     collateral source.
568          (b) Receipt of [an award of] a reparations award under this [chapter shall be] part is
569     considered an assignment of the victim's rights to restitution from the offender.
570          [(3)] (2) The victim [shall] may not discharge a claim against [a person] an individual
571     or entity without the [state's] office's written permission and shall fully cooperate with the
572     [state] office in pursuing [its] the office's right of reimbursement, including providing the
573     [state] office with any evidence in the victim's possession.
574          [(4)] (3) The [state's] office's right of reimbursement applies regardless of whether the
575     victim [has been] is fully compensated for the victim's losses.
576          [(5)] (4) Notwithstanding [the collateral source provisions in Subsection (1) and]
577     Subsection 63M-7-512(1)(a), a victim of a sexual offense who requests testing of [himself] the
578     victim's self may be reimbursed for the costs of the HIV test only as provided in Subsection
579     76-5-503(4).
580          Section 13. Section 63M-7-514 is amended to read:
581          63M-7-514. Notification of claimant -- Suspension of proceedings.
582          (1) (a) The [Utah Office for Victims of Crime] office shall immediately notify the
583     claimant in writing of [any] a reparations award and shall forward to the Division of Finance a
584     certified copy of the reparations award and a warrant request for the amount of the reparations
585     award.
586          (b) The Division of Finance shall pay the claimant the amount submitted to the
587     division, out of the fund.
588          (c) If money in the fund is temporarily depleted, the office shall place claimants
589     approved to receive [awards shall be placed] a reparations award on a waiting list and [shall
590     receive their awards] provide the reparations awards as funds are available in the order in
591     which [their awards were] the reparations awards are approved.
592          (2) The reparations officer may suspend the proceedings pending disposition of a
593     criminal prosecution that [has been] is commenced or is imminent.
594          Section 14. Section 63M-7-515 is amended to read:
595          63M-7-515. Rules for contested reparations claims -- Exemption from
596     Administrative Procedures Act.
597          (1) Rules for procedures for contested determinations by a reparations officer shall be
598     adopted [pursuant to] in accordance with Title 63G, Chapter 3, Utah Administrative
599     Rulemaking Act.
600          (2) The [Utah Office for Victims of Crime] office is exempt from Title 63G, Chapter 4,
601     Administrative Procedures Act.
602          Section 15. Section 63M-7-516 is amended to read:
603          63M-7-516. Waiver of privilege.
604          (1) (a) A victim [filing a claim under the provisions of this chapter shall be considered
605     to have waived] who is a claimant waives any privilege as to communications or records
606     relevant to an issue of the physical, mental, or emotional conditions of the victim except for the
607     attorney-client privilege.
608          (b) The waiver [shall apply] described in Subsection (1)(a) applies only to reparations
609     officers, the director, the board, and legal counsel.
610          (2) [The] A claimant may be required to supply any additional medical or
611     psychological reports available relating to the injury or death for which compensation is
612     claimed.
613          (3) (a) The reparations officer hearing a reparations claim or an appeal from a
614     reparations claim shall make available to the claimant a copy of the report.
615          (b) If the victim is deceased, the director or the director's appointee, on request, shall
616     furnish the claimant a copy of the report unless dissemination of that copy is prohibited by law.
617          Section 16. Section 63M-7-517 is amended to read:
618          63M-7-517. Additional testing.
619          (1) If the mental, physical, or emotional condition of a victim is material to a
620     reparations claim, the reparations officer, director, or chair of the board who hears the
621     reparations claim or the appeal may order the claimant to submit to a mental or physical
622     examination by a physician or psychologist and may recommend to the court to order an
623     autopsy of a deceased victim.
624          (2) [Any order for] The court may order an additional examination [shall be] for good
625     cause shown and shall provide notice to the [person] individual to be examined and the
626     [person's] individual's representative.
627          (3) All reports from additional examinations shall set out findings, including results of
628     all tests made, diagnoses, prognoses, other conclusions, and reports of earlier examinations of
629     the same conditions.
630          (4) A copy of the report shall be made available to the victim or the representative of
631     the victim unless dissemination of that copy is prohibited by law.
632          Section 17. Section 63M-7-518 is amended to read:
633          63M-7-518. Failure to comply.
634          If [a person] an individual refuses to comply with an order under this [chapter] part or
635     asserts a privilege, except privileges arising from the attorney-client relationship, to withhold
636     or suppress evidence relevant to a reparations claim, the director or reparations officer may
637     make any appropriate determination including denial of the reparations claim.
638          Section 18. Section 63M-7-519 is amended to read:
639          63M-7-519. Assignment of recovery -- Reimbursement.
640          (1) (a) By accepting [an] a reparations award [of reparations], the victim:
641          (i) automatically assigns to the [state, subject to the provisions of Subsection (2), all
642     claims against any third party to the lesser of:] office any claim the victim may have relating to
643     criminally injurious conduct in the reparations claim; and
644          (ii) is required to reimburse the office if the victim recovers any money relating to the
645     criminally injurious conduct.
646          (b) The office's right of assignment and reimbursement under Subsection (1)(a) is
647     limited to the lesser of:
648          [(a)] (i) the amount paid by the [state] office; or
649          [(b)] (ii) the amount recovered by the victim from the third party.
650          (c) The office may be reimbursed under Subsection (1)(a) regardless of whether the
651     office exercises the office's right of assignment under Subsection (1)(a).
652          (2) The board, with the concurrence of the director, may reduce the [state's] office's
653     right of reimbursement if [it is determined] the board determines that:
654          (a) the reduction will benefit the fund; or
655          (b) the victim has ongoing expenses related to the offense upon which the reparations
656     claim is based and the benefit to the victim of reducing the [state's] office's right of
657     reimbursement exceeds the benefit to the [state] office of receiving full reimbursement.
658          (3) The [state] office reserves the right to make a claim for reimbursement on behalf of
659     the victim and the victim may not impair the [state's] office's claim or the [state's] office's right
660     of reimbursement.
661          Section 19. Section 63M-7-521 is amended to read:
662          63M-7-521. Reparations award -- Payment methods -- Claims against the award.
663          [(1) The] (1) (a) Except as provided in Subsection (1)(b), a reparations officer may
664     provide for the payment of [an] a reparations award in a lump sum or in installments. [The]
665          (b) (i) The reparations officer shall pay the part of [an] a reparations award equal to the
666     amount of economic loss accrued to the date of the reparations award [shall be paid] in a lump
667     sum. [An award of]
668          (ii) A reparations officer may not pay allowable expense that would accrue after an
669     initial reparations award is made [may not be paid] in a lump sum.
670          (iii) Except as provided in Subsection (2), a reparations officer shall award the part of
671     [an] a reparations award that may not be paid in a lump sum [shall be paid] under this
672     Subsection (1)(b) in installments.
673          (2) At the request of the claimant, the reparations officer may convert future economic
674     loss installment payments, other than allowable expense, to a lump sum payment, discounted to
675     present value, but only upon a finding by the reparations officer that the reparations award in a
676     lump sum will promote the interests of the claimant.
677          [(3) An] (3) (a) A reparations award for future economic loss payable in installments
678     may be made only for a period for which the reparations officer can reasonably determine
679     future economic loss.
680          (b) The reparations officer may reconsider and modify [an] a reparations award for
681     future economic loss payable in installments, upon the reparations officer's finding that a
682     material and substantial change of circumstances has occurred.
683          (4) [An] A reparations award is not subject to execution, attachment, or garnishment,
684     except that [an] a reparations award for allowable expense is not exempt from a claim of a
685     creditor to the extent that the creditor provided products, services, or accommodations, the
686     costs of which are included in the reparations award.
687          (5) An assignment or agreement to assign [an] a reparations award [of reparations] for
688     loss accruing in the future is unenforceable, except:
689          (a) an assignment of [an] a reparations award of reparations for work loss to secure
690     payment of alimony, maintenance, or child support;
691          (b) an assignment of [an] a reparations award [of reparations] for allowable expense to
692     the extent that the benefits are for the cost of products, services, or accommodations
693     necessitated by the injury or death on which the reparations claim is based and are provided or
694     to be provided by the assignee; or
695          (c) an assignment to repay a loan obtained to pay for the obligations or expenses
696     described in Subsection (5)(a) or (b).
697          Section 20. Section 63M-7-521.5 is amended to read:
698          63M-7-521.5. Payments to medical service providers.
699          (1) (a) Except as provided in Subsection (2), a medical service provider who accepts
700     payment from the office shall agree to accept payments as payment in full on behalf of the
701     victim or claimant[. The medical service provider] and may not attempt to collect further
702     payment from the victim or the claimant for services for which the office has made payment.
703          [(2)] (b) In the event the office is unable to make full payment in accordance with [its]
704     the office's rules, the medical service provider may collect from the victim or claimant, but not
705     more than the amount the provider would have received from the office.
706          (2) (a) When a medical service provider receives notice that a reparations claim has
707     been filed, the medical service provider may not, before the office determines whether to issue
708     a reparations award, engage in debt collection for the claim, including:
709          (i) repeatedly calling or writing to a victim and threatening to refer unpaid health care
710     costs to a debt collection agency, attorney, or other person for collection; or
711          (ii) filing for or pursuing a legal remedy for payment of unpaid health care costs.
712          (b) The statute of limitations for collecting a debt is tolled during the time in which a
713     request for a reparations award is being reviewed by the office.
714          (3) The office may:
715          (a) use the fee schedule utilized by the Utah Public Employees Health Plan or any other
716     fee schedule adopted by the board; and
717          (b) make rules in accordance with Title 63G, Chapter 3, Utah Administrative
718     Rulemaking Act, necessary to implement the fee schedule adopted in accordance with this
719     section.
720          Section 21. Section 63M-7-522 is amended to read:
721          63M-7-522. Emergency reparations award.
722          (1) If the reparations officer determines that the claimant will suffer financial hardship
723     unless an emergency reparations award is made, and it appears likely that a final reparations
724     award will be made, an amount may be paid to the claimant, to be deducted from the final
725     reparations award or repaid by and recoverable from the claimant to the extent that it exceeds
726     the final reparations award.
727          (2) The board may limit emergency reparations awards under Subsection (1) to any
728     amount [it] the board considers necessary.
729          Section 22. Section 63M-7-523 is amended to read:
730          63M-7-523. Review of reparations award decision.
731          (1) The reparations officer shall review at least annually every reparations award being
732     paid in installments.
733          (2) An order on review of [an] a reparations award does not require refund of amounts
734     previously paid unless the reparations award was obtained by fraud or a material mistake of
735     fact.
736          Section 23. Section 63M-7-524 is amended to read:
737          63M-7-524. Attorney fees.
738          (1) The claims procedures shall be sufficiently simple that the assistance of an attorney
739     is unnecessary, and no attorney fees [shall] may be paid for the assistance of an attorney or any
740     other representative in filing the reparations claim or providing information to the reparations
741     officer.
742          (2) Attorney fees may be granted in the following circumstances and shall be paid out
743     of the reparations award not to exceed 15% of the amount of the reparations award:
744          (a) when [an] a reparations award [has been] is denied and, after a hearing, the decision
745     to deny is overturned; or
746          (b) when minor dependents of a deceased victim require assistance in establishing a
747     trust or determining a guardian.
748          (3) (a) An attorney or any other person providing assistance in a reparations claim, who
749     contracts for or receives sums not allowed under this [chapter] part, is guilty of a class B
750     misdemeanor. [This provision shall not extend]
751          (b) This Subsection (3) does not apply to attorneys who assist the victim in filing a
752     civil action against the perpetrator.
753          Section 24. Section 63M-7-525 is amended to read:
754          63M-7-525. Purpose -- Not entitlement program.
755          (1) (a) The purpose of the [Utah Office for Victims of Crime] office is to assist victims
756     of criminally injurious conduct who may be eligible for assistance from the [Crime Victim
757     Reparations Fund] fund.
758          (b) Reparation to a victim under this part is limited to the money available in the fund.
759          [(2) This program] (2) (a) The assistance program described in Subsection (1) is not an
760     entitlement program. [Awards]
761          (b) A reparations award may be limited or denied as determined appropriate by the
762     board.
763          (c) Failure to grant [an] a reparations award does not create a cause of action against
764     the [Utah Office for Victims of Crime] office, the state, or any of its subdivisions[. There] and
765     there is no right to judicial review over the decision whether or not to grant [an] a reparations
766     award.
767          (3) A cause of action based on a failure to give or receive the notice required by this
768     [chapter] part does not accrue to any person against the state, any of its agencies or local
769     subdivisions, any of their law enforcement officers or other agents or employees, or any health
770     care or medical provider or its agents or employees[. The failure does not] nor does it affect or
771     alter any requirement for filing or payment of a reparations claim.