Senator Chris H. Wilson proposes the following substitute bill:


1     
VICTIM SERVICES AMENDMENTS

2     
2021 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Karianne Lisonbee

5     
Senate Sponsor: Chris H. Wilson

6     

7     LONG TITLE
8     General Description:
9          This bill modifies the Utah Council for Victims of Crime (council).
10     Highlighted Provisions:
11          This bill:
12          ▸     modifies the membership of the council;
13          ▸     allows the council to advocate for a victim of crime in appellate courts;
14          ▸     clarifies the duties of the staff assigned to the council; and
15          ▸     makes technical changes.
16     Money Appropriated in this Bill:
17          None
18     Other Special Clauses:
19          None
20     Utah Code Sections Affected:
21     AMENDS:
22          63M-7-601, as last amended by Laws of Utah 2019, Chapter 246
23          63M-7-602, as renumbered and amended by Laws of Utah 2008, Chapter 382
24          63M-7-603, as last amended by Laws of Utah 2010, Chapter 82
25          63M-7-605, as renumbered and amended by Laws of Utah 2008, Chapter 382
26     

27     Be it enacted by the Legislature of the state of Utah:
28          Section 1. Section 63M-7-601 is amended to read:
29          63M-7-601. Creation -- Members -- Chair.
30          (1) There is created within the governor's office the Utah Council on Victims of Crime.
31          (2) The [Utah Council on Victims of Crime] council shall be composed of [25] 27
32     voting members as follows:
33          (a) a representative of the Commission on Criminal and Juvenile Justice appointed by
34     the executive director;
35          (b) a representative of the Department of Corrections appointed by the executive
36     director;
37          (c) a representative of the Board of Pardons and Parole appointed by the chair;
38          (d) a representative of the Department of Public Safety appointed by the commissioner;
39          (e) a representative of the Division of Juvenile Justice Services appointed by the
40     director;
41          (f) a representative of the Utah Office for Victims of Crime appointed by the director;
42          (g) a representative of the Office of the Attorney General appointed by the attorney
43     general;
44          (h) a representative of the United States Attorney for the district of Utah appointed by
45     the United States Attorney;
46          (i) a representative of Utah's Native American community appointed by the director of
47     the Division of Indian Affairs after input from federally recognized tribes in Utah;
48          (j) a professional or volunteer working in the area of violence against women and
49     families appointed by the governor;
50          (k) a representative of the Department of Health's Violence and Injury Prevention
51     Program appointed by the program's manager;
52          [(k)] (l) the chair of each judicial district's victims' rights committee;
53          [(l) the following members appointed to serve four-year terms:]
54          [(i)] (m) a representative of the Statewide Association of Public Attorneys appointed
55     by that association;
56          [(ii)] (n) a representative of the Utah Chiefs of Police Association appointed by the
57     president of that association;
58          [(iii)] (o) a representative of the Utah Sheriffs' Association appointed by the president
59     of that association;
60          [(iv)] (p) a representative of a Children's Justice Center appointed by the attorney
61     general; [and]
62          (q) the director of the Division of Child and Family Services or that individual's
63     designee; and
64          [(v) a citizen representative appointed by the governor; and]
65          [(m)] (r) the following members appointed by the members in Subsections (2)(a)
66     through (2)[(k)](q) to serve four-year terms:
67          (i) an individual who [works professionally with victims of crime; and] engages in
68     community based advocacy;
69          [(ii) a victim of crime.]
70          [(3) The council shall annually elect one member to serve as chair.]
71          (ii) a citizen representative; and
72          (iii) a citizen representative who has been a victim of crime.
73          (3) The council shall annually elect:
74          (a) one member to serve as chair;
75          (b) one member to serve as vice-chair; and
76          (c) one member to serve as treasurer.
77          Section 2. Section 63M-7-602 is amended to read:
78          63M-7-602. Reappointment -- Vacancies.
79          (1) [Members] A member appointed to serve a four-year [terms shall be] term is
80     eligible for reappointment [one time].
81          (2) When a vacancy occurs in the membership for any reason, the replacement shall be
82     appointed for the remainder of the unexpired term.
83          Section 3. Section 63M-7-603 is amended to read:
84          63M-7-603. Duties of the council.
85          (1) The council shall:
86          (a) make recommendations to the Legislature, the governor, and the Judicial Council
87     on the following:
88          (i) enforcing existing rights of victims of crime;
89          (ii) enhancing rights of victims of crime;
90          (iii) the role of victims of crime in the criminal justice system;
91          (iv) victim restitution;
92          (v) educating and training criminal justice professionals on the rights of victims of
93     crime; and
94          (vi) enhancing services to victims of crimes;
95          (b) provide training on the rights of victims of crime; and
96          (c) establish a subcommittee to consider complaints not resolved by the Victims'
97     Rights Committee established in Section 77-37-5.
98          (2) The council:
99          (a) shall advocate the adoption, repeal, or modification of laws or proposed legislation
100     in the interest of victims of crime;
101          (b) subject to court rules and the governor's approval, may advocate in appellate courts
102     on behalf of a victim of crime as described in Subsection 77-38-11(2)(a)(ii);
103          [(b)] (c) may establish additional subcommittees to assist in accomplishing its duties;
104     and
105          [(c)] (d) shall select and appoint [persons pursuant to the provisions of] individuals in
106     accordance with Section 77-37-5 to act as chairpersons of the judicial district victims' rights
107     committees and provide assistance to the committees in their operations.
108          Section 4. Section 63M-7-605 is amended to read:
109          63M-7-605. Staffing.
110          (1) The Commission on Criminal and Juvenile Justice shall provide staff to the council
111     and any subcommittees established by the council.
112          (2) Staff assigned to the council shall:
113          (a) provide administrative assistance to the council and any subcommittees; and
114          (b) receive complaints regarding victim's rights violations from victims and other
115     interested persons and forward the complaints to the appropriate subcommittee within the
116     council.