This document includes House Committee Amendments incorporated into the bill on Fri, Jan 26, 2024 at 10:49 AM by housengrossing.
This document includes House Floor Amendments incorporated into the bill on Fri, Feb 2, 2024 at 3:36 PM by housengrossing.
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7 LONG TITLE
8 General Description:
9 This bill concerns standards of care and eligibility standards for a rape crisis and
10 services center.
11 Highlighted Provisions:
12 This bill:
13 ▸ defines terms;
14 ▸ specifies rulemaking authority to Ĥ→ [
14a
14b Justice, in consultation with the ←Ĥ Utah
14c Justice (commission), in consultation with the Utah ←Ĥ Office for Victims of Crime (office) to
15 create:
16 • standards of care for a rape crisis and services center;
17 • eligibility standards for a rape crisis and services center to be eligible for a
18 grant, other funds, or services;
19 • standards and procedures for Ĥ→ [
19a commission to ←Ĥ monitor or audit
19b the compliance of a
20 rape crisis and services center with eligibility standards; Ĥ→ ▸ requires the state auditor to audit
20a the commission's compliance with monitoring and auditing requirements and the provision of
20b certain grant funds; ←Ĥ and
21 ▸ makes technical and conforming changes.
22 Money Appropriated in this Bill:
23 None
24 Other Special Clauses:☆
25 ☆None
26 Utah Code Sections Affected:
27 AMENDS:
28 63M-7-502, as last amended by Laws of Utah 2022, Chapters 148, 185 and 430
29 ENACTS:
30 63M-7-527, Utah Code Annotated 1953
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32 Be it enacted by the Legislature of the state of Utah:
33 Section 1. Section 63M-7-502 is amended to read:
34 63M-7-502. Definitions.
35 As used in this part:
36 (1) "Accomplice" means an individual who has engaged in criminal conduct as
37 described in Section 76-2-202.
38 (2) "Advocacy services provider" means the same as that term is defined in Section
39 77-38-403.
40 (3) "Board" means the Crime Victim Reparations and Assistance Board created under
41 Section 63M-7-504.
42 (4) "Bodily injury" means physical pain, illness, or any impairment of physical
43 condition.
44 (5) "Claimant" means any of the following claiming reparations under this part:
45 (a) a victim;
46 (b) a dependent of a deceased victim; or
47 (c) an individual or representative who files a reparations claim on behalf of a victim.
48 (6) "Child" means an unemancipated individual who is under 18 years old.
49 (7) "Collateral source" means any source of benefits or advantages for economic loss
50 otherwise reparable under this part that the victim or claimant has received, or that is readily
51 available to the victim from:
52 (a) the offender;
53 (b) the insurance of the offender or the victim;
54 (c) the United States government or any of its agencies, a state or any of its political
55 subdivisions, or an instrumentality of two or more states, except in the case on nonobligatory
56 state-funded programs;
57 (d) social security, Medicare, and Medicaid;
58 (e) state-required temporary nonoccupational income replacement insurance or
59 disability income insurance;
60 (f) workers' compensation;
61 (g) wage continuation programs of any employer;
62 (h) proceeds of a contract of insurance payable to the victim for the loss the victim
63 sustained because of the criminally injurious conduct;
64 (i) a contract providing prepaid hospital and other health care services or benefits for
65 disability; or
66 (j) veteran's benefits, including veteran's hospitalization benefits.
67 (8) "Criminal justice system victim advocate" means the same as that term is defined in
68 Section 77-38-403.
69 (9) (a) "Criminally injurious conduct" other than acts of war declared or not declared
70 means conduct that:
71 (i) is or would be subject to prosecution in this state under Section 76-1-201;
72 (ii) occurs or is attempted;
73 (iii) causes, or poses a substantial threat of causing, bodily injury or death;
74 (iv) is punishable by fine, imprisonment, or death if the individual engaging in the
75 conduct possessed the capacity to commit the conduct; and
76 (v) does not arise out of the ownership, maintenance, or use of a motor vehicle,
77 aircraft, or water craft, unless the conduct is:
78 (A) intended to cause bodily injury or death;
79 (B) punishable under Title 76, Chapter 5, Offenses Against the Individual; or
80 (C) chargeable as an offense for driving under the influence of alcohol or drugs.
81 (b) "Criminally injurious conduct" includes a felony violation of Section 76-7-101 and
82 other conduct leading to the psychological injury of an individual resulting from living in a
83 setting that involves a bigamous relationship.
84 (10) (a) "Dependent" means a natural person to whom the victim is wholly or partially
85 legally responsible for care or support.
86 (b) "Dependent" includes a child of the victim born after the victim's death.
87 (11) "Dependent's economic loss" means loss after the victim's death of contributions
88 of things of economic value to the victim's dependent, not including services the dependent
89 would have received from the victim if the victim had not suffered the fatal injury, less
90 expenses of the dependent avoided by reason of victim's death.
91 (12) "Dependent's replacement services loss" means loss reasonably and necessarily
92 incurred by the dependent after the victim's death in obtaining services in lieu of those the
93 decedent would have performed for the victim's benefit if the victim had not suffered the fatal
94 injury, less expenses of the dependent avoided by reason of the victim's death and not
95 subtracted in calculating the dependent's economic loss.
96 (13) "Director" means the director of the office.
97 (14) "Disposition" means the sentencing or determination of penalty or punishment to
98 be imposed upon an individual:
99 (a) convicted of a crime;
100 (b) found delinquent; or
101 (c) against whom a finding of sufficient facts for conviction or finding of delinquency
102 is made.
103 (15) (a) "Economic loss" means economic detriment consisting only of allowable
104 expense, work loss, replacement services loss, and if injury causes death, dependent's economic
105 loss and dependent's replacement service loss.
106 (b) "Economic loss" includes economic detriment even if caused by pain and suffering
107 or physical impairment.
108 (c) "Economic loss" does not include noneconomic detriment.
109 (16) "Elderly victim" means an individual who is 60 years old or older and who is a
110 victim.
111 (17) "Fraudulent claim" means a filed reparations based on material misrepresentation
112 of fact and intended to deceive the reparations staff for the purpose of obtaining reparation
113 funds for which the claimant is not eligible.
114 (18) "Fund" means the Crime Victim Reparations Fund created in Section 63M-7-526.
115 (19) (a) "Interpersonal violence" means an act involving violence, physical harm, or a
116 threat of violence or physical harm, that is committed by an individual who is or has been in a
117 domestic, dating, sexual, or intimate relationship with the victim.
118 (b) "Interpersonal violence" includes any attempt, conspiracy, or solicitation of an act
119 described in Subsection (19)(a).
120 (20) "Law enforcement officer" means the same as that term is defined in Section
121 53-13-103.
122 (21) (a) "Medical examination" means a physical examination necessary to document
123 criminally injurious conduct.
124 (b) "Medical examination" does not include mental health evaluations for the
125 prosecution and investigation of a crime.
126 (22) "Mental health counseling" means outpatient and inpatient counseling necessitated
127 as a result of criminally injurious conduct, is subject to rules made by the board in accordance
128 with Title 63G, Chapter 3, Utah Administrative
129 Rulemaking Act.
130 (23) "Misconduct" means conduct by the victim that was attributable to the injury or
131 death of the victim as provided by rules made by the board in accordance with Title 63G,
132 Chapter 3, Utah Administrative Rulemaking Act.
133 (24) "Noneconomic detriment" means pain, suffering, inconvenience, physical
134 impairment, and other nonpecuniary damage, except as provided in this part.
135 (25) "Nongovernment organization victim advocate" means the same as that term is
136 defined in Section 77-38-403.
137 (26) "Pecuniary loss" does not include loss attributable to pain and suffering except as
138 otherwise provided in this part.
139 (27) "Offender" means an individual who has violated Title 76, Utah Criminal
140 Code, through criminally injurious conduct regardless of whether the individual is arrested,
141 prosecuted, or convicted.
142 (28) "Offense" means a violation of Title 76, Utah Criminal Code.
143 (29) "Office" means the director, the reparations and assistance officers, and any other
144 staff employed for the purpose of carrying out the provisions of this part.
145 (30) "Perpetrator" means the individual who actually participated in the criminally
146 injurious conduct.
147 (31) Ĥ→ (a) ←Ĥ "Rape crisis and services center" means a nonprofit entity that assists
147a victims of
148 sexual assault and victims' families by offering sexual assault crisis intervention and counseling
149 through a sexual assault counselor.
149a Ĥ→ (b) "Rape crisis and services center" does not include a qualified institutional ☆
149b ☆ victim services provider as defined in Section 53B-28-201. ←Ĥ
150 [
151 or to another on behalf of a claimant after the day on which a reparations claim is approved by
152 the office.
153 [
154 office for a reparations award.
155 [
156 investigate claims of victims and award reparations under this part.
157 (b) "Reparations officer" includes the director when the director is acting as a
158 reparations officer.
159 [
160 incurred in obtaining ordinary and necessary services in lieu of those the injured individual
161 would have performed, not for income but the benefit of the injured individual or the injured
162 individual's dependents if the injured individual had not been injured.
163 [
164 guardian, attorney, conservator, executor, or an heir of an individual.
165 (b) "Representative" does not include a service provider or collateral source.
166 [
167 [
168 the criminally injurious conduct subject to rules made by the board in accordance with Title
169 63G, Chapter 3, Utah Administrative Rulemaking Act.
170 [
171 a victim for a monetary fee, except attorneys as provided in Section 63M-7-524.
172 [
173 76-1-101.5.
174 [
175 Chapter 5, Part 4, Sexual Offenses.
176 (42) "Sexual assault counselor" means an individual who:
177 (a) is employed by or volunteers at a rape crisis and services center;
178 (b) has a minimum of 40 hours of training in counseling and assisting victims of sexual
179 assault; and
180 (c) is under the supervision of the director of a rape crisis and services center or the
181 director's designee.
182 [
183 violence that:
184 (a) impedes breathing or the circulation of blood; and
185 (b) is likely to produce a loss of consciousness by:
186 (i) applying pressure to the neck or throat of an individual; or
187 (ii) obstructing the nose, mouth, or airway of an individual.
188 [
189 Section 76-1-101.5.
190 [
191 or death as a direct result of:
192 (i) criminally injurious conduct; or
193 (ii) the production of pornography in violation of Section 76-5b-201 or 76-5b-201.1 if
194 the individual is a minor.
195 (b) "Victim" does not include an individual who participated in or observed the judicial
196 proceedings against an offender unless otherwise provided by statute or rule made in
197 accordance with Title 63G, Chapter 3, Utah
198 Administrative Rulemaking Act.
199 [
200 have performed if the injured victim had not been injured and expenses reasonably incurred by
201 the injured victim in obtaining services in lieu of those the injured victim would have
202 performed for income, reduced by any income from substitute work the injured victim was
203 capable of performing but unreasonably failed to undertake.
204 Section 2. Section 63M-7-527 is enacted to read:
205 63M-7-527. Rape crisis and services center standards, eligibility, and monitoring
206 -- Administrative rulemaking authority.
207 (1) With regard to eligibility for a grant, other funds, or services provided under this
208 part for a rape crisis and services center, the Ĥ→ commission, in consultation with the ←Ĥ office
208a Ĥ→ , ←Ĥ shall create rules to:
209 (a) create standards of care for a rape crisis and services center to provide safe,
210 effective, and appropriate services for a victim of sexual assault:
211 (i) that are based on best practices; and
212 (ii) with input from the Utah Victim Services Commission's subcommitee on rape and
213 sexual assault established under Subsection 63M-7-903(5)(b);
214 (b) create and enforce eligibility standards for a rape crisis and services center that:
215 (i) incorporate the standards of care described in Subsection (1)(a); and
216 (ii) may be used to determine whether a rape crisis and services center is eligible for a
217 grant, other funds, or services under this part; and
218 (c) create standards and procedures for Ĥ→ [
218a
219 audit
219a with the eligibility standards described in
220 Subsection (1)(b).
221 (2) Rules made by the Ĥ→ [
221a accordance with Title
222 63G, Chapter 3, Utah Administrative Rulemaking Act. Ĥ→ (3) The state auditor shall audit the
222a commission's compliance with the commisson's monitoring and auditing requirements
222b described in Subsection (1)(c) and the provision of grant funds under this section. ←Ĥ
223 Section 3. Effective date.
224 This bill takes effect on May 1, 2024.