1     
VICTIM RESTITUTION RECORDS

2     
2022 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Ken Ivory

5     
Senate Sponsor: ____________

6     

7     LONG TITLE
8     General Description:
9          This bill places restrictions on crime victim records.
10     Highlighted Provisions:
11          This bill:
12          ▸     defines terms;
13          ▸     provides that crime victim records are not public;
14          ▸     allows for the release of crime victim records relating to victim restitution under
15     certain circumstances; and
16          ▸     makes technical changes.
17     Money Appropriated in this Bill:
18          None
19     Other Special Clauses:
20          None
21     Utah Code Sections Affected:
22     AMENDS:
23          63G-2-305, as last amended by Laws of Utah 2021, Chapters 148, 179, 231, 353, 373,
24     and 382
25          63G-2-305.5, as last amended by Laws of Utah 2021, Chapter 231
26          63M-7-502, as last amended by Laws of Utah 2021, Chapter 260
27     ENACTS:

28          63M-7-527, Utah Code Annotated 1953
29     

30     Be it enacted by the Legislature of the state of Utah:
31          Section 1. Section 63G-2-305 is amended to read:
32          63G-2-305. Protected records.
33          The following records are protected if properly classified by a governmental entity:
34          (1) trade secrets as defined in Section 13-24-2 if the person submitting the trade secret
35     has provided the governmental entity with the information specified in Section 63G-2-309;
36          (2) commercial information or nonindividual financial information obtained from a
37     person if:
38          (a) disclosure of the information could reasonably be expected to result in unfair
39     competitive injury to the person submitting the information or would impair the ability of the
40     governmental entity to obtain necessary information in the future;
41          (b) the person submitting the information has a greater interest in prohibiting access
42     than the public in obtaining access; and
43          (c) the person submitting the information has provided the governmental entity with
44     the information specified in Section 63G-2-309;
45          (3) commercial or financial information acquired or prepared by a governmental entity
46     to the extent that disclosure would lead to financial speculations in currencies, securities, or
47     commodities that will interfere with a planned transaction by the governmental entity or cause
48     substantial financial injury to the governmental entity or state economy;
49          (4) records, the disclosure of which could cause commercial injury to, or confer a
50     competitive advantage upon a potential or actual competitor of, a commercial project entity as
51     defined in Subsection 11-13-103(4);
52          (5) test questions and answers to be used in future license, certification, registration,
53     employment, or academic examinations;
54          (6) records, the disclosure of which would impair governmental procurement
55     proceedings or give an unfair advantage to any person proposing to enter into a contract or
56     agreement with a governmental entity, except, subject to Subsections (1) and (2), that this
57     Subsection (6) does not restrict the right of a person to have access to, after the contract or
58     grant has been awarded and signed by all parties:

59          (a) a bid, proposal, application, or other information submitted to or by a governmental
60     entity in response to:
61          (i) an invitation for bids;
62          (ii) a request for proposals;
63          (iii) a request for quotes;
64          (iv) a grant; or
65          (v) other similar document; or
66          (b) an unsolicited proposal, as defined in Section 63G-6a-712;
67          (7) information submitted to or by a governmental entity in response to a request for
68     information, except, subject to Subsections (1) and (2), that this Subsection (7) does not restrict
69     the right of a person to have access to the information, after:
70          (a) a contract directly relating to the subject of the request for information has been
71     awarded and signed by all parties; or
72          (b) (i) a final determination is made not to enter into a contract that relates to the
73     subject of the request for information; and
74          (ii) at least two years have passed after the day on which the request for information is
75     issued;
76          (8) records that would identify real property or the appraisal or estimated value of real
77     or personal property, including intellectual property, under consideration for public acquisition
78     before any rights to the property are acquired unless:
79          (a) public interest in obtaining access to the information is greater than or equal to the
80     governmental entity's need to acquire the property on the best terms possible;
81          (b) the information has already been disclosed to persons not employed by or under a
82     duty of confidentiality to the entity;
83          (c) in the case of records that would identify property, potential sellers of the described
84     property have already learned of the governmental entity's plans to acquire the property;
85          (d) in the case of records that would identify the appraisal or estimated value of
86     property, the potential sellers have already learned of the governmental entity's estimated value
87     of the property; or
88          (e) the property under consideration for public acquisition is a single family residence
89     and the governmental entity seeking to acquire the property has initiated negotiations to acquire

90     the property as required under Section 78B-6-505;
91          (9) records prepared in contemplation of sale, exchange, lease, rental, or other
92     compensated transaction of real or personal property including intellectual property, which, if
93     disclosed prior to completion of the transaction, would reveal the appraisal or estimated value
94     of the subject property, unless:
95          (a) the public interest in access is greater than or equal to the interests in restricting
96     access, including the governmental entity's interest in maximizing the financial benefit of the
97     transaction; or
98          (b) when prepared by or on behalf of a governmental entity, appraisals or estimates of
99     the value of the subject property have already been disclosed to persons not employed by or
100     under a duty of confidentiality to the entity;
101          (10) records created or maintained for civil, criminal, or administrative enforcement
102     purposes or audit purposes, or for discipline, licensing, certification, or registration purposes, if
103     release of the records:
104          (a) reasonably could be expected to interfere with investigations undertaken for
105     enforcement, discipline, licensing, certification, or registration purposes;
106          (b) reasonably could be expected to interfere with audits, disciplinary, or enforcement
107     proceedings;
108          (c) would create a danger of depriving a person of a right to a fair trial or impartial
109     hearing;
110          (d) reasonably could be expected to disclose the identity of a source who is not
111     generally known outside of government and, in the case of a record compiled in the course of
112     an investigation, disclose information furnished by a source not generally known outside of
113     government if disclosure would compromise the source; or
114          (e) reasonably could be expected to disclose investigative or audit techniques,
115     procedures, policies, or orders not generally known outside of government if disclosure would
116     interfere with enforcement or audit efforts;
117          (11) records the disclosure of which would jeopardize the life or safety of an
118     individual;
119          (12) records the disclosure of which would jeopardize the security of governmental
120     property, governmental programs, or governmental recordkeeping systems from damage, theft,

121     or other appropriation or use contrary to law or public policy;
122          (13) records that, if disclosed, would jeopardize the security or safety of a correctional
123     facility, or records relating to incarceration, treatment, probation, or parole, that would interfere
124     with the control and supervision of an offender's incarceration, treatment, probation, or parole;
125          (14) records that, if disclosed, would reveal recommendations made to the Board of
126     Pardons and Parole by an employee of or contractor for the Department of Corrections, the
127     Board of Pardons and Parole, or the Department of Human Services that are based on the
128     employee's or contractor's supervision, diagnosis, or treatment of any person within the board's
129     jurisdiction;
130          (15) records and audit workpapers that identify audit, collection, and operational
131     procedures and methods used by the State Tax Commission, if disclosure would interfere with
132     audits or collections;
133          (16) records of a governmental audit agency relating to an ongoing or planned audit
134     until the final audit is released;
135          (17) records that are subject to the attorney client privilege;
136          (18) records prepared for or by an attorney, consultant, surety, indemnitor, insurer,
137     employee, or agent of a governmental entity for, or in anticipation of, litigation or a judicial,
138     quasi-judicial, or administrative proceeding;
139          (19) (a) (i) personal files of a state legislator, including personal correspondence to or
140     from a member of the Legislature; and
141          (ii) notwithstanding Subsection (19)(a)(i), correspondence that gives notice of
142     legislative action or policy may not be classified as protected under this section; and
143          (b) (i) an internal communication that is part of the deliberative process in connection
144     with the preparation of legislation between:
145          (A) members of a legislative body;
146          (B) a member of a legislative body and a member of the legislative body's staff; or
147          (C) members of a legislative body's staff; and
148          (ii) notwithstanding Subsection (19)(b)(i), a communication that gives notice of
149     legislative action or policy may not be classified as protected under this section;
150          (20) (a) records in the custody or control of the Office of Legislative Research and
151     General Counsel, that, if disclosed, would reveal a particular legislator's contemplated

152     legislation or contemplated course of action before the legislator has elected to support the
153     legislation or course of action, or made the legislation or course of action public; and
154          (b) notwithstanding Subsection (20)(a), the form to request legislation submitted to the
155     Office of Legislative Research and General Counsel is a public document unless a legislator
156     asks that the records requesting the legislation be maintained as protected records until such
157     time as the legislator elects to make the legislation or course of action public;
158          (21) research requests from legislators to the Office of Legislative Research and
159     General Counsel or the Office of the Legislative Fiscal Analyst and research findings prepared
160     in response to these requests;
161          (22) drafts, unless otherwise classified as public;
162          (23) records concerning a governmental entity's strategy about:
163          (a) collective bargaining; or
164          (b) imminent or pending litigation;
165          (24) records of investigations of loss occurrences and analyses of loss occurrences that
166     may be covered by the Risk Management Fund, the Employers' Reinsurance Fund, the
167     Uninsured Employers' Fund, or similar divisions in other governmental entities;
168          (25) records, other than personnel evaluations, that contain a personal recommendation
169     concerning an individual if disclosure would constitute a clearly unwarranted invasion of
170     personal privacy, or disclosure is not in the public interest;
171          (26) records that reveal the location of historic, prehistoric, paleontological, or
172     biological resources that if known would jeopardize the security of those resources or of
173     valuable historic, scientific, educational, or cultural information;
174          (27) records of independent state agencies if the disclosure of the records would
175     conflict with the fiduciary obligations of the agency;
176          (28) records of an institution within the state system of higher education defined in
177     Section 53B-1-102 regarding tenure evaluations, appointments, applications for admissions,
178     retention decisions, and promotions, which could be properly discussed in a meeting closed in
179     accordance with Title 52, Chapter 4, Open and Public Meetings Act, provided that records of
180     the final decisions about tenure, appointments, retention, promotions, or those students
181     admitted, may not be classified as protected under this section;
182          (29) records of the governor's office, including budget recommendations, legislative

183     proposals, and policy statements, that if disclosed would reveal the governor's contemplated
184     policies or contemplated courses of action before the governor has implemented or rejected
185     those policies or courses of action or made them public;
186          (30) records of the Office of the Legislative Fiscal Analyst relating to budget analysis,
187     revenue estimates, and fiscal notes of proposed legislation before issuance of the final
188     recommendations in these areas;
189          (31) records provided by the United States or by a government entity outside the state
190     that are given to the governmental entity with a requirement that they be managed as protected
191     records if the providing entity certifies that the record would not be subject to public disclosure
192     if retained by it;
193          (32) transcripts, minutes, recordings, or reports of the closed portion of a meeting of a
194     public body except as provided in Section 52-4-206;
195          (33) records that would reveal the contents of settlement negotiations but not including
196     final settlements or empirical data to the extent that they are not otherwise exempt from
197     disclosure;
198          (34) memoranda prepared by staff and used in the decision-making process by an
199     administrative law judge, a member of the Board of Pardons and Parole, or a member of any
200     other body charged by law with performing a quasi-judicial function;
201          (35) records that would reveal negotiations regarding assistance or incentives offered
202     by or requested from a governmental entity for the purpose of encouraging a person to expand
203     or locate a business in Utah, but only if disclosure would result in actual economic harm to the
204     person or place the governmental entity at a competitive disadvantage, but this section may not
205     be used to restrict access to a record evidencing a final contract;
206          (36) materials to which access must be limited for purposes of securing or maintaining
207     the governmental entity's proprietary protection of intellectual property rights including patents,
208     copyrights, and trade secrets;
209          (37) the name of a donor or a prospective donor to a governmental entity, including an
210     institution within the state system of higher education defined in Section 53B-1-102, and other
211     information concerning the donation that could reasonably be expected to reveal the identity of
212     the donor, provided that:
213          (a) the donor requests anonymity in writing;

214          (b) any terms, conditions, restrictions, or privileges relating to the donation may not be
215     classified protected by the governmental entity under this Subsection (37); and
216          (c) except for an institution within the state system of higher education defined in
217     Section 53B-1-102, the governmental unit to which the donation is made is primarily engaged
218     in educational, charitable, or artistic endeavors, and has no regulatory or legislative authority
219     over the donor, a member of the donor's immediate family, or any entity owned or controlled
220     by the donor or the donor's immediate family;
221          (38) accident reports, except as provided in Sections 41-6a-404, 41-12a-202, and
222     73-18-13;
223          (39) a notification of workers' compensation insurance coverage described in Section
224     34A-2-205;
225          (40) (a) the following records of an institution within the state system of higher
226     education defined in Section 53B-1-102, which have been developed, discovered, disclosed to,
227     or received by or on behalf of faculty, staff, employees, or students of the institution:
228          (i) unpublished lecture notes;
229          (ii) unpublished notes, data, and information:
230          (A) relating to research; and
231          (B) of:
232          (I) the institution within the state system of higher education defined in Section
233     53B-1-102; or
234          (II) a sponsor of sponsored research;
235          (iii) unpublished manuscripts;
236          (iv) creative works in process;
237          (v) scholarly correspondence; and
238          (vi) confidential information contained in research proposals;
239          (b) Subsection (40)(a) may not be construed to prohibit disclosure of public
240     information required pursuant to Subsection 53B-16-302(2)(a) or (b); and
241          (c) Subsection (40)(a) may not be construed to affect the ownership of a record;
242          (41) (a) records in the custody or control of the Office of the Legislative Auditor
243     General that would reveal the name of a particular legislator who requests a legislative audit
244     prior to the date that audit is completed and made public; and

245          (b) notwithstanding Subsection (41)(a), a request for a legislative audit submitted to the
246     Office of the Legislative Auditor General is a public document unless the legislator asks that
247     the records in the custody or control of the Office of the Legislative Auditor General that would
248     reveal the name of a particular legislator who requests a legislative audit be maintained as
249     protected records until the audit is completed and made public;
250          (42) records that provide detail as to the location of an explosive, including a map or
251     other document that indicates the location of:
252          (a) a production facility; or
253          (b) a magazine;
254          (43) information:
255          (a) contained in the statewide database of the Division of Aging and Adult Services
256     created by Section 62A-3-311.1; or
257          (b) received or maintained in relation to the Identity Theft Reporting Information
258     System (IRIS) established under Section 67-5-22;
259          (44) information contained in the Licensing Information System described in Title
260     62A, Chapter 4a, Child and Family Services;
261          (45) information regarding National Guard operations or activities in support of the
262     National Guard's federal mission;
263          (46) records provided by any pawn or secondhand business to a law enforcement
264     agency or to the central database in compliance with Title 13, Chapter 32a, Pawnshop and
265     Secondhand Merchandise Transaction Information Act;
266          (47) information regarding food security, risk, and vulnerability assessments performed
267     by the Department of Agriculture and Food;
268          (48) except to the extent that the record is exempt from this chapter pursuant to Section
269     63G-2-106, records related to an emergency plan or program, a copy of which is provided to or
270     prepared or maintained by the Division of Emergency Management, and the disclosure of
271     which would jeopardize:
272          (a) the safety of the general public; or
273          (b) the security of:
274          (i) governmental property;
275          (ii) governmental programs; or

276          (iii) the property of a private person who provides the Division of Emergency
277     Management information;
278          (49) records of the Department of Agriculture and Food that provides for the
279     identification, tracing, or control of livestock diseases, including any program established under
280     Title 4, Chapter 24, Utah Livestock Brand and Anti-Theft Act, or Title 4, Chapter 31, Control
281     of Animal Disease;
282          (50) as provided in Section 26-39-501:
283          (a) information or records held by the Department of Health related to a complaint
284     regarding a child care program or residential child care which the department is unable to
285     substantiate; and
286          (b) information or records related to a complaint received by the Department of Health
287     from an anonymous complainant regarding a child care program or residential child care;
288          (51) unless otherwise classified as public under Section 63G-2-301 and except as
289     provided under Section 41-1a-116, an individual's home address, home telephone number, or
290     personal mobile phone number, if:
291          (a) the individual is required to provide the information in order to comply with a law,
292     ordinance, rule, or order of a government entity; and
293          (b) the subject of the record has a reasonable expectation that this information will be
294     kept confidential due to:
295          (i) the nature of the law, ordinance, rule, or order; and
296          (ii) the individual complying with the law, ordinance, rule, or order;
297          (52) the portion of the following documents that contains a candidate's residential or
298     mailing address, if the candidate provides to the filing officer another address or phone number
299     where the candidate may be contacted:
300          (a) a declaration of candidacy, a nomination petition, or a certificate of nomination,
301     described in Section 20A-9-201, 20A-9-202, 20A-9-203, 20A-9-404, 20A-9-405, 20A-9-408,
302     20A-9-408.5, 20A-9-502, or 20A-9-601;
303          (b) an affidavit of impecuniosity, described in Section 20A-9-201; or
304          (c) a notice of intent to gather signatures for candidacy, described in Section
305     20A-9-408;
306          (53) the name, home address, work addresses, and telephone numbers of an individual

307     that is engaged in, or that provides goods or services for, medical or scientific research that is:
308          (a) conducted within the state system of higher education, as defined in Section
309     53B-1-102; and
310          (b) conducted using animals;
311          (54) in accordance with Section 78A-12-203, any record of the Judicial Performance
312     Evaluation Commission concerning an individual commissioner's vote on whether or not to
313     recommend that the voters retain a judge including information disclosed under Subsection
314     78A-12-203(5)(e);
315          (55) information collected and a report prepared by the Judicial Performance
316     Evaluation Commission concerning a judge, unless Section 20A-7-702 or Title 78A, Chapter
317     12, Judicial Performance Evaluation Commission Act, requires disclosure of, or makes public,
318     the information or report;
319          (56) records provided or received by the Public Lands Policy Coordinating Office in
320     furtherance of any contract or other agreement made in accordance with Section 63L-11-202;
321          (57) information requested by and provided to the 911 Division under Section
322     63H-7a-302;
323          (58) in accordance with Section 73-10-33:
324          (a) a management plan for a water conveyance facility in the possession of the Division
325     of Water Resources or the Board of Water Resources; or
326          (b) an outline of an emergency response plan in possession of the state or a county or
327     municipality;
328          (59) the following records in the custody or control of the Office of Inspector General
329     of Medicaid Services, created in Section 63A-13-201:
330          (a) records that would disclose information relating to allegations of personal
331     misconduct, gross mismanagement, or illegal activity of a person if the information or
332     allegation cannot be corroborated by the Office of Inspector General of Medicaid Services
333     through other documents or evidence, and the records relating to the allegation are not relied
334     upon by the Office of Inspector General of Medicaid Services in preparing a final investigation
335     report or final audit report;
336          (b) records and audit workpapers to the extent they would disclose the identity of a
337     person who, during the course of an investigation or audit, communicated the existence of any

338     Medicaid fraud, waste, or abuse, or a violation or suspected violation of a law, rule, or
339     regulation adopted under the laws of this state, a political subdivision of the state, or any
340     recognized entity of the United States, if the information was disclosed on the condition that
341     the identity of the person be protected;
342          (c) before the time that an investigation or audit is completed and the final
343     investigation or final audit report is released, records or drafts circulated to a person who is not
344     an employee or head of a governmental entity for the person's response or information;
345          (d) records that would disclose an outline or part of any investigation, audit survey
346     plan, or audit program; or
347          (e) requests for an investigation or audit, if disclosure would risk circumvention of an
348     investigation or audit;
349          (60) records that reveal methods used by the Office of Inspector General of Medicaid
350     Services, the fraud unit, or the Department of Health, to discover Medicaid fraud, waste, or
351     abuse;
352          (61) information provided to the Department of Health or the Division of Occupational
353     and Professional Licensing under Subsections 58-67-304(3) and (4) and Subsections
354     58-68-304(3) and (4);
355          (62) a record described in Section 63G-12-210;
356          (63) captured plate data that is obtained through an automatic license plate reader
357     system used by a governmental entity as authorized in Section 41-6a-2003;
358          [(64) any record in the custody of the Utah Office for Victims of Crime relating to a
359     victim, including:]
360          [(a) a victim's application or request for benefits;]
361          [(b) a victim's receipt or denial of benefits; and]
362          [(c) any administrative notes or records made or created for the purpose of, or used to,
363     evaluate or communicate a victim's eligibility for or denial of benefits from the Crime Victim
364     Reparations Fund;]
365          [(65)] (64) an audio or video recording created by a body-worn camera, as that term is
366     defined in Section 77-7a-103, that records sound or images inside a hospital or health care
367     facility as those terms are defined in Section 78B-3-403, inside a clinic of a health care
368     provider, as that term is defined in Section 78B-3-403, or inside a human service program as

369     that term is defined in Section 62A-2-101, except for recordings that:
370          (a) depict the commission of an alleged crime;
371          (b) record any encounter between a law enforcement officer and a person that results in
372     death or bodily injury, or includes an instance when an officer fires a weapon;
373          (c) record any encounter that is the subject of a complaint or a legal proceeding against
374     a law enforcement officer or law enforcement agency;
375          (d) contain an officer involved critical incident as defined in Subsection
376     76-2-408(1)(f); or
377          (e) have been requested for reclassification as a public record by a subject or
378     authorized agent of a subject featured in the recording;
379          [(66)] (65) a record pertaining to the search process for a president of an institution of
380     higher education described in Section 53B-2-102, except for application materials for a
381     publicly announced finalist;
382          [(67)] (66) an audio recording that is:
383          (a) produced by an audio recording device that is used in conjunction with a device or
384     piece of equipment designed or intended for resuscitating an individual or for treating an
385     individual with a life-threatening condition;
386          (b) produced during an emergency event when an individual employed to provide law
387     enforcement, fire protection, paramedic, emergency medical, or other first responder service:
388          (i) is responding to an individual needing resuscitation or with a life-threatening
389     condition; and
390          (ii) uses a device or piece of equipment designed or intended for resuscitating an
391     individual or for treating an individual with a life-threatening condition; and
392          (c) intended and used for purposes of training emergency responders how to improve
393     their response to an emergency situation;
394          [(68)] (67) records submitted by or prepared in relation to an applicant seeking a
395     recommendation by the Research and General Counsel Subcommittee, the Budget
396     Subcommittee, or the Audit Subcommittee, established under Section 36-12-8, for an
397     employment position with the Legislature;
398          [(69)] (68) work papers as defined in Section 31A-2-204;
399          [(70)] (69) a record made available to Adult Protective Services or a law enforcement

400     agency under Section 61-1-206;
401          [(71)] (70) a record submitted to the Insurance Department in accordance with Section
402     31A-37-201;
403          [(72)] (71) a record described in Section 31A-37-503;
404          [(73)] (72) any record created by the Division of Occupational and Professional
405     Licensing as a result of Subsection 58-37f-304(5) or 58-37f-702(2)(a)(ii);
406          [(74)] (73) a record described in Section 72-16-306 that relates to the reporting of an
407     injury involving an amusement ride;
408          [(75)] (74) except as provided in Subsection 63G-2-305.5(1), the signature of an
409     individual on a political petition, or on a request to withdraw a signature from a political
410     petition, including a petition or request described in the following titles:
411          (a) Title 10, Utah Municipal Code;
412          (b) Title 17, Counties;
413          (c) Title 17B, Limited Purpose Local Government Entities - Local Districts;
414          (d) Title 17D, Limited Purpose Local Government Entities - Other Entities; and
415          (e) Title 20A, Election Code;
416          [(76)] (75) except as provided in Subsection 63G-2-305.5(2), the signature of an
417     individual in a voter registration record;
418          [(77)] (76) except as provided in Subsection 63G-2-305.5(3), any signature, other than
419     a signature described in Subsection (75) or (76), in the custody of the lieutenant governor or a
420     local political subdivision collected or held under, or in relation to, Title 20A, Election Code;
421          [(78)] (77) a Form I-918 Supplement B certification as described in Title 77, Chapter
422     38, Part 5, Victims Guidelines for Prosecutors Act;
423          [(79)] (78) a record submitted to the Insurance Department under Subsection
424     31A-48-103(1)(b);
425          [(80)] (79) personal information, as defined in Section 63G-26-102, to the extent
426     disclosure is prohibited under Section 63G-26-103;
427          [(81)] (80) (a) an image taken of an individual during the process of booking the
428     individual into jail, unless:
429          (i) the individual is convicted of a criminal offense based upon the conduct for which
430     the individual was incarcerated at the time the image was taken;

431          (ii) a law enforcement agency releases or disseminates the image after determining
432     that:
433          (A) the individual is a fugitive or an imminent threat to an individual or to public
434     safety; and
435          (B) releasing or disseminating the image will assist in apprehending the individual or
436     reducing or eliminating the threat; or
437          (iii) a judge orders the release or dissemination of the image based on a finding that the
438     release or dissemination is in furtherance of a legitimate law enforcement interest.
439          [(82)] (81) a record:
440          (a) concerning an interstate claim to the use of waters in the Colorado River system;
441          (b) relating to a judicial proceeding, administrative proceeding, or negotiation with a
442     representative from another state or the federal government as provided in Section
443     63M-14-205; and
444          (c) the disclosure of which would:
445          (i) reveal a legal strategy relating to the state's claim to the use of the water in the
446     Colorado River system;
447          (ii) harm the ability of the Colorado River Authority of Utah or river commissioner to
448     negotiate the best terms and conditions regarding the use of water in the Colorado River
449     system; or
450          (iii) give an advantage to another state or to the federal government in negotiations
451     regarding the use of water in the Colorado River system; and
452          [(83)] (82) any part of an application described in Section 63N-16-201 that the
453     Governor's Office of Economic Opportunity determines is nonpublic, confidential information
454     that if disclosed would result in actual economic harm to the applicant, but this Subsection (83)
455     may not be used to restrict access to a record evidencing a final contract or approval decision.
456          Section 2. Section 63G-2-305.5 is amended to read:
457          63G-2-305.5. Viewing or obtaining lists of signatures.
458          (1) The records custodian of a signature described in Subsection [63G-2-305(75)]
459     63G-2-305(74) shall, upon request, except for a name or signature classified as private under
460     Title 20A, Chapter 2, Voter Registration:
461          (a) provide a list of the names of the individuals who signed the petition or request; and

462          (b) permit an individual to view, but not take a copy or other image of, the signatures
463     on a political petition described in Subsection [63G-2-305(75)] 63G-2-305(74).
464          (2) The records custodian of a signature described in Subsection [63G-2-305(76)]
465     63G-2-305(75) shall, upon request, except for a name or signature classified as private under
466     Title 20A, Chapter 2, Voter Registration:
467          (a) provide a list of the names of registered voters, excluding the names that are
468     classified as private under Title 20A, Chapter 2, Voter Registration; and
469          (b) except for a signature classified as private under Title 20A, Chapter 2, Voter
470     Registration, permit an individual to view, but not take a copy or other image of, the signature
471     on a voter registration record.
472          (3) Except for a signature classified as private under Title 20A, Chapter 2, Voter
473     Registration, the records custodian of a signature described in Subsection [63G-2-305(77)]
474     63G-2-305(76) shall, upon request, permit an individual to view, but not take a copy or other
475     image of, a signature.
476          Section 3. Section 63M-7-502 is amended to read:
477          63M-7-502. Definitions.
478          As used in this part:
479          (1) "Accomplice" means an individual who has engaged in criminal conduct as
480     described in Section 76-2-202.
481          (2) "Board" means the Crime Victim Reparations and Assistance Board created under
482     Section 63M-7-504.
483          (3) "Bodily injury" means physical pain, illness, or any impairment of physical
484     condition.
485          (4) "Claimant" means any of the following claiming reparations under this part:
486          (a) a victim;
487          (b) a dependent of a deceased victim; or
488          (c) an individual or representative who files a reparations claim on behalf of a victim.
489          (5) "Child" means an unemancipated individual who is under 18 years old.
490          (6) "Collateral source" means any source of benefits or advantages for economic loss
491     otherwise reparable under this part that the victim or claimant has received, or that is readily
492     available to the victim from:

493          (a) the offender;
494          (b) the insurance of the offender or the victim;
495          (c) the United States government or any of its agencies, a state or any of its political
496     subdivisions, or an instrumentality of two or more states, except in the case on nonobligatory
497     state-funded programs;
498          (d) social security, Medicare, and Medicaid;
499          (e) state-required temporary nonoccupational income replacement insurance or
500     disability income insurance;
501          (f) workers' compensation;
502          (g) wage continuation programs of any employer;
503          (h) proceeds of a contract of insurance payable to the victim for the loss the victim
504     sustained because of the criminally injurious conduct;
505          (i) a contract providing prepaid hospital and other health care services or benefits for
506     disability; or
507          (j) veteran's benefits, including veteran's hospitalization benefits.
508          (7) (a) "Confidential victim record" means a record in the custody of the office which
509     relates to a victim's eligibility for benefits.
510          (b) A confidential victim record includes:
511          (i) a victim's application or request for benefits;
512          (ii) correspondence regarding the approval or denial of benefits;
513          (iii) documents created for the purpose of determining a victim's eligibility for benefits;
514          (iv) administrative notes related to the approval and payment of benefits; and
515          (v) any record that is not a restitution record as defined in this section.
516          [(7)] (8) (a) "Criminally injurious conduct" other than acts of war declared or not
517     declared means conduct that:
518          (i) is or would be subject to prosecution in this state under Section 76-1-201;
519          (ii) occurs or is attempted;
520          (iii) causes, or poses a substantial threat of causing, bodily injury or death;
521          (iv) is punishable by fine, imprisonment, or death if the individual engaging in the
522     conduct possessed the capacity to commit the conduct; and
523          (v) does not arise out of the ownership, maintenance, or use of a motor vehicle,

524     aircraft, or water craft, unless the conduct is intended to cause bodily injury or death, or is
525     conduct which is or would be punishable under Title 76, Chapter 5, Offenses Against the
526     Person, or as any offense chargeable as driving under the influence of alcohol or drugs.
527          (b) "Criminally injurious conduct" includes an act of terrorism, as defined in 18 U.S.C.
528     Sec. 2331 committed outside of the United States against a resident of this state. "Terrorism"
529     does not include an "act of war" as defined in 18 U.S.C. Sec. 2331.
530          (c) "Criminally injurious conduct" includes a felony violation of Section 76-7-101 and
531     other conduct leading to the psychological injury of an individual resulting from living in a
532     setting that involves a bigamous relationship.
533          [(8)] (9) (a) "Dependent" means a natural person to whom the victim is wholly or
534     partially legally responsible for care or support.
535          (b) "Dependent" includes a child of the victim born after the victim's death.
536          [(9)] (10) "Dependent's economic loss" means loss after the victim's death of
537     contributions of things of economic value to the victim's dependent, not including services the
538     dependent would have received from the victim if the victim had not suffered the fatal injury,
539     less expenses of the dependent avoided by reason of victim's death.
540          [(10)] (11) "Dependent's replacement services loss" means loss reasonably and
541     necessarily incurred by the dependent after the victim's death in obtaining services in lieu of
542     those the decedent would have performed for the victim's benefit if the victim had not suffered
543     the fatal injury, less expenses of the dependent avoided by reason of the victim's death and not
544     subtracted in calculating the dependent's economic loss.
545          [(11)] (12) "Director" means the director of the office.
546          [(12)] (13) "Disposition" means the sentencing or determination of penalty or
547     punishment to be imposed upon an individual:
548          (a) convicted of a crime;
549          (b) found delinquent; or
550          (c) against whom a finding of sufficient facts for conviction or finding of delinquency
551     is made.
552          [(13)] (14) (a) "Economic loss" means economic detriment consisting only of
553     allowable expense, work loss, replacement services loss, and if injury causes death, dependent's
554     economic loss and dependent's replacement service loss.

555          (b) "Economic loss" includes economic detriment even if caused by pain and suffering
556     or physical impairment.
557          (c) "Economic loss" does not include noneconomic detriment.
558          [(14)] (15) "Elderly victim" means an individual 60 years old or older who is a victim.
559          [(15)] (16) "Fraudulent claim" means a filed reparations based on material
560     misrepresentation of fact and intended to deceive the reparations staff for the purpose of
561     obtaining reparation funds for which the claimant is not eligible.
562          [(16)] (17) "Fund" means the Crime Victim Reparations Fund created in Section
563     63M-7-526.
564          [(17)] (18) "Law enforcement officer" means the same as that term is defined in
565     Section 53-13-103.
566          [(18)] (19) (a) "Medical examination" means a physical examination necessary to
567     document criminally injurious conduct.
568          (b) "Medical examination" does not include mental health evaluations for the
569     prosecution and investigation of a crime.
570          [(19)] (20) "Mental health counseling" means outpatient and inpatient counseling
571     necessitated as a result of criminally injurious conduct, is subject to rules made by the board in
572     accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
573          [(20)] (21) "Misconduct" means conduct by the victim that was attributable to the
574     injury or death of the victim as provided by rules made by the board in accordance with Title
575     63G, Chapter 3, Utah Administrative Rulemaking Act.
576          [(21)] (22) "Noneconomic detriment" means pain, suffering, inconvenience, physical
577     impairment, and other nonpecuniary damage, except as provided in this part.
578          [(22)] (23) "Pecuniary loss" does not include loss attributable to pain and suffering
579     except as otherwise provided in this part.
580          [(23)] (24) "Offender" means an individual who has violated Title 76, Utah Criminal
581     Code, through criminally injurious conduct regardless of whether the individual is arrested,
582     prosecuted, or convicted.
583          [(24)] (25) "Offense" means a violation of Title 76, Utah Criminal Code.
584          [(25)] (26) "Office" means the director, the reparations and assistance officers, and any
585     other staff employed for the purpose of carrying out the provisions of this part.

586          [(26)] (27) "Perpetrator" means the individual who actually participated in the
587     criminally injurious conduct.
588          [(27)] (28) "Reparations award" means money or other benefits provided to a claimant
589     or to another on behalf of a claimant after the day on which a reparations claim is approved by
590     the office.
591          [(28)] (29) "Reparations claim" means a claimant's request or application made to the
592     office for a reparations award.
593          [(29)] (30) (a) "Reparations officer" means an individual employed by the office to
594     investigate claims of victims and award reparations under this part.
595          (b) "Reparations officer" includes the director when the director is acting as a
596     reparations officer.
597          [(30)] (31) "Replacement service loss" means expenses reasonably and necessarily
598     incurred in obtaining ordinary and necessary services in lieu of those the injured individual
599     would have performed, not for income but the benefit of the injured individual or the injured
600     individual's dependents if the injured individual had not been injured.
601          [(31)] (32) (a) "Representative" means the victim, immediate family member, legal
602     guardian, attorney, conservator, executor, or an heir of an individual.
603          (b) "Representative" does not include a service provider or collateral source.
604          [(32)] (33) "Restitution" means the same as that term is defined in Section 77-38b-102.
605          (34) (a) "Restitution record" means records of payments made to or on behalf of a
606     victim.
607          (b) A restitution record includes:
608          (i) a notice of restitution;
609          (ii) a list of payments made by the office to or on behalf of a victim;
610          (iii) invoices from medical and mental health providers;
611          (iv) receipts submitted for reimbursement; and
612          (v) documentation which the office relies on to establish a nexus between the
613     defendant's criminal conduct and the amount paid by the office.
614          [(33)] (35) "Secondary victim" means an individual who is traumatically affected by
615     the criminally injurious conduct subject to rules made by the board in accordance with Title
616     63G, Chapter 3, Utah Administrative Rulemaking Act.

617          [(34)] (36) "Service provider" means an individual or agency who provides a service to
618     a victim for a monetary fee, except attorneys as provided in Section 63M-7-524.
619          [(35)] (37) "Serious bodily injury" means the same as that term is defined in Section
620     76-1-601.
621          [(36)] (38) "Substantial bodily injury" means the same as that term is defined in
622     Section 76-1-601.
623          [(37)] (39) (a) "Victim" means an individual who suffers bodily or psychological injury
624     or death as a direct result of:
625          (i) criminally injurious conduct; or
626          (ii) the production of pornography in violation of Section 76-5b-201 if the individual is
627     a minor.
628          (b) "Victim" does not include an individual who participated in or observed the judicial
629     proceedings against an offender unless otherwise provided by statute or rule made in
630     accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
631          (c) "Victim" includes a resident of this state who is injured or killed by an act of
632     terrorism, as defined in 18 U.S.C. Sec. 2331, committed outside of the United States.
633          [(38)] (40) "Work loss" means loss of income from work the injured victim would
634     have performed if the injured victim had not been injured and expenses reasonably incurred by
635     the injured victim in obtaining services in lieu of those the injured victim would have
636     performed for income, reduced by any income from substitute work the injured victim was
637     capable of performing but unreasonably failed to undertake.
638          Section 4. Section 63M-7-527 is enacted to read:
639          63M-7-527. Records.
640          (1) Confidential victim records and restitution records are not public records and may
641     only be disclosed as provided in this section.
642          (2) A confidential victim record may be provided to:
643          (a) the victim who is the subject of the record, if the record requested does not contain
644     mental health information;
645          (b) the person who submitted the record to the office; and
646          (c) law enforcement when the office suspects that a claim may be fraudulent.
647          (3) (a) If the office requests restitution in a criminal case, the office may provide a

648     restitution record to the assigned judge, prosecutor, and counsel for the defendant.
649          (b) Prior to release of restitution records, the following information shall be redacted:
650          (i) contact information of a victim or witness, including physical address, phone
651     number, and email address;
652          (ii) date of birth and social security number of a victim; and
653          (iii) information which would jeopardize the health or safety of an individual.
654          (c) Restitution records provided pursuant to this subsection may not be further
655     disseminated, including to the defendant, unless the office and victim agree in writing to
656     additional dissemination.