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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 [
359
360 [
361 [
362 [
363
364
365 [
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 [
380 higher education described in Section 53B-2-102, except for application materials for a
381 publicly announced finalist;
382 [
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 [
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 [
399 [
400 agency under Section 61-1-206;
401 [
402 31A-37-201;
403 [
404 [
405 Licensing as a result of Subsection 58-37f-304(5) or 58-37f-702(2)(a)(ii);
406 [
407 injury involving an amusement ride;
408 [
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 [
417 individual in a voter registration record;
418 [
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 [
422 38, Part 5, Victims Guidelines for Prosecutors Act;
423 [
424 31A-48-103(1)(b);
425 [
426 disclosure is prohibited under Section 63G-26-103;
427 [
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 [
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 [
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 [
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 [
464 (2) The records custodian of a signature described in Subsection [
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 [
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 [
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 [
534 partially legally responsible for care or support.
535 (b) "Dependent" includes a child of the victim born after the victim's death.
536 [
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 [
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 [
546 [
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 [
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 [
559 [
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 [
563 63M-7-526.
564 [
565 Section 53-13-103.
566 [
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 [
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 [
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 [
577 impairment, and other nonpecuniary damage, except as provided in this part.
578 [
579 except as otherwise provided in this part.
580 [
581 Code, through criminally injurious conduct regardless of whether the individual is arrested,
582 prosecuted, or convicted.
583 [
584 [
585 other staff employed for the purpose of carrying out the provisions of this part.
586 [
587 criminally injurious conduct.
588 [
589 or to another on behalf of a claimant after the day on which a reparations claim is approved by
590 the office.
591 [
592 office for a reparations award.
593 [
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 [
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 [
602 guardian, attorney, conservator, executor, or an heir of an individual.
603 (b) "Representative" does not include a service provider or collateral source.
604 [
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 [
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 [
618 a victim for a monetary fee, except attorneys as provided in Section 63M-7-524.
619 [
620 76-1-601.
621 [
622 Section 76-1-601.
623 [
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 [
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.