This document includes House Committee Amendments incorporated into the bill on Mon, Feb 5, 2024 at 10:00 AM by housengrossing.
1     
CRIME VICTIM AMENDMENTS

2     
2024 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Tyler Clancy

5     
Senate Sponsor: Michael K. McKell

6     

7     LONG TITLE
8     General Description:
9          This bill amends provisions related to victims of crime.
10     Highlighted Provisions:
11          This bill:
12          ▸     defines terms;
13          ▸     requires the Utah Office for Victims of Crime to provide a law enforcement agency
14     with educational materials regarding sexual assault victims;
15          ▸     provides that the Utah Council on Victims of Crime is within the State Commission
16     on Criminal and Juvenile Justice;
17          ▸     amends the duties and membership of the Utah Council on Victims of Crime;
18          ▸     creates a victim rights committee in each judicial district of the state;
19          ▸     establishes the membership of a victim rights committee;
20          ▸     amends the Utah Council on Victims of Crime;
21          ▸     requires the executive director of the State Commission on Criminal and Juvenile
22     Justice to appoint a council coordinator for the Utah Council on Victims of Crime;
23          ▸     provides the duties of the council coordinator for the Utah Council on Victims of
24     Crime;
25          ▸     creates a process for submitting a complaint alleging a violation of a victim's right;
26          ▸     clarifies the relief that a victim may seek from a court for a violation of a victim's
27     right;
28          ▸     clarifies that a defendant may not seek relief from a court for a violation of victim's
29     rights;
30          ▸     repeals a statute on district victims' rights committees; and
31          ▸     makes technical and conforming changes.
32     Money Appropriated in this Bill:
33          None
34     Other Special Clauses:
35          None
36     Utah Code Sections Affected:
37     AMENDS:
38          63M-7-502, as last amended by Laws of Utah 2022, Chapters 148, 185 and 430
39          63M-7-602, as last amended by Laws of Utah 2021, Chapter 172
40          63M-7-603, as last amended by Laws of Utah 2021, Chapter 172
41          77-38-11, as last amended by Laws of Utah 2010, Chapter 331
42     ENACTS:
43          63M-7-506.5, Utah Code Annotated 1953
44          63M-7-601.1, Utah Code Annotated 1953
45          63M-7-601.7, Utah Code Annotated 1953
46          63M-7-606, Utah Code Annotated 1953
47     REPEALS AND REENACTS:
48          63M-7-605, as last amended by Laws of Utah 2021, Chapter 172
49     RENUMBERS AND AMENDS:
50          63M-7-601.5, (Renumbered from 63M-7-601, as last amended by Laws of Utah 2023,
51     Chapter 150)
52     REPEALS:
53          77-37-5, as last amended by Laws of Utah 2023, Chapter 237
54     

55     Be it enacted by the Legislature of the state of Utah:
56          Section 1. Section 63M-7-502 is amended to read:
57          63M-7-502. Definitions.
58          As used in this part:
59          (1) "Accomplice" means an individual who has engaged in criminal conduct as
60     described in Section 76-2-202.
61          (2) "Advocacy services provider" means the same as that term is defined in Section
62     77-38-403.
63          (3) "Board" means the Crime Victim Reparations and Assistance Board created under
64     Section 63M-7-504.
65          (4) "Bodily injury" means physical pain, illness, or any impairment of physical
66     condition.
67          (5) "Claimant" means any of the following claiming reparations under this part:
68          (a) a victim;
69          (b) a dependent of a deceased victim; or
70          (c) an individual or representative who files a reparations claim on behalf of a victim.
71          (6) "Child" means an unemancipated individual who is under 18 years old.
72          (7) "Collateral source" means any source of benefits or advantages for economic loss
73     otherwise reparable under this part that the victim or claimant has received, or that is readily
74     available to the victim from:
75          (a) the offender;
76          (b) the insurance of the offender or the victim;
77          (c) the United States government or any of its agencies, a state or any of its political
78     subdivisions, or an instrumentality of two or more states, except in the case on nonobligatory
79     state-funded programs;
80          (d) social security, Medicare, and Medicaid;
81          (e) state-required temporary nonoccupational income replacement insurance or
82     disability income insurance;
83          (f) workers' compensation;
84          (g) wage continuation programs of any employer;
85          (h) proceeds of a contract of insurance payable to the victim for the loss the victim
86     sustained because of the criminally injurious conduct;
87          (i) a contract providing prepaid hospital and other health care services or benefits for
88     disability; or
89          (j) veteran's benefits, including veteran's hospitalization benefits.
90          (8) "Criminal justice system victim advocate" means the same as that term is defined in
91     Section 77-38-403.
92          (9) (a) "Criminally injurious conduct" other than acts of war declared or not declared
93     means conduct that:
94          (i) is or would be subject to prosecution in this state under Section 76-1-201;
95          (ii) occurs or is attempted;
96          (iii) causes, or poses a substantial threat of causing, bodily injury or death;
97          (iv) is punishable by fine, imprisonment, or death if the individual engaging in the
98     conduct possessed the capacity to commit the conduct; and
99          (v) does not arise out of the ownership, maintenance, or use of a motor vehicle,
100     aircraft, or water craft, unless the conduct is:
101          (A) intended to cause bodily injury or death;
102          (B) punishable under Title 76, Chapter 5, Offenses Against the Individual; or
103          (C) chargeable as an offense for driving under the influence of alcohol or drugs.
104          (b) "Criminally injurious conduct" includes a felony violation of Section 76-7-101 and
105     other conduct leading to the psychological injury of an individual resulting from living in a
106     setting that involves a bigamous relationship.
107          (10) (a) "Dependent" means a natural person to whom the victim is wholly or partially
108     legally responsible for care or support.
109          (b) "Dependent" includes a child of the victim born after the victim's death.
110          (11) "Dependent's economic loss" means loss after the victim's death of contributions
111     of things of economic value to the victim's dependent, not including services the dependent
112     would have received from the victim if the victim had not suffered the fatal injury, less
113     expenses of the dependent avoided by reason of victim's death.
114          (12) "Dependent's replacement services loss" means loss reasonably and necessarily
115     incurred by the dependent after the victim's death in obtaining services in lieu of those the
116     decedent would have performed for the victim's benefit if the victim had not suffered the fatal
117     injury, less expenses of the dependent avoided by reason of the victim's death and not
118     subtracted in calculating the dependent's economic loss.
119          (13) "Director" means the director of the office.
120          (14) "Disposition" means the sentencing or determination of penalty or punishment to
121     be imposed upon an individual:
122          (a) convicted of a crime;
123          (b) found delinquent; or
124          (c) against whom a finding of sufficient facts for conviction or finding of delinquency
125     is made.
126          (15) (a) "Economic loss" means economic detriment consisting only of allowable
127     expense, work loss, replacement services loss, and if injury causes death, dependent's economic
128     loss and dependent's replacement service loss.
129          (b) "Economic loss" includes economic detriment even if caused by pain and suffering
130     or physical impairment.
131          (c) "Economic loss" does not include noneconomic detriment.
132          (16) "Elderly victim" means an individual who is 60 years old or older and who is a
133     victim.
134          (17) "Fraudulent claim" means a filed reparations based on material misrepresentation
135     of fact and intended to deceive the reparations staff for the purpose of obtaining reparation
136     funds for which the claimant is not eligible.
137          (18) "Fund" means the Crime Victim Reparations Fund created in Section 63M-7-526.
138          (19) (a) "Interpersonal violence" means an act involving violence, physical harm, or a
139     threat of violence or physical harm, that is committed by an individual who is or has been in a
140     domestic, dating, sexual, or intimate relationship with the victim.
141          (b) "Interpersonal violence" includes any attempt, conspiracy, or solicitation of an act
142     described in Subsection (19)(a).
143          (20) "Law enforcement agency" means a public or private agency having general police
144     power and charged with making arrests in connection with enforcement of the criminal statutes
145     and ordinances of this state or any political subdivision of this state.
146          [(20)] (21) "Law enforcement officer" means the same as that term is defined in
147     Section 53-13-103.
148          [(21)] (22) (a) "Medical examination" means a physical examination necessary to
149     document criminally injurious conduct.
150          (b) "Medical examination" does not include mental health evaluations for the
151     prosecution and investigation of a crime.
152          [(22)] (23) "Mental health counseling" means outpatient and inpatient counseling
153     necessitated as a result of criminally injurious conduct, is subject to rules made by the board in
154     accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
155          [(23)] (24) "Misconduct" means conduct by the victim that was attributable to the
156     injury or death of the victim as provided by rules made by the board in accordance with Title
157     63G, Chapter 3, Utah Administrative Rulemaking Act.
158          [(24)] (25) "Noneconomic detriment" means pain, suffering, inconvenience, physical
159     impairment, and other nonpecuniary damage, except as provided in this part.
160          [(25)] (26) "Nongovernment organization victim advocate" means the same as that
161     term is defined in Section 77-38-403.
162          [(26)] (27) "Pecuniary loss" does not include loss attributable to pain and suffering
163     except as otherwise provided in this part.
164          [(27)] (28) "Offender" means an individual who has violated Title 76, Utah Criminal
165     Code, through criminally injurious conduct regardless of whether the individual is arrested,
166     prosecuted, or convicted.
167          [(28)] (29) "Offense" means a violation of Title 76, Utah Criminal Code.
168          [(29)] (30) "Office" means the director, the reparations and assistance officers, and any
169     other staff employed for the purpose of carrying out the provisions of this part.
170          [(30)] (31) "Perpetrator" means the individual who actually participated in the
171     criminally injurious conduct.
172          [(31)] (32) "Reparations award" means money or other benefits provided to a claimant
173     or to another on behalf of a claimant after the day on which a reparations claim is approved by
174     the office.
175          [(32)] (33) "Reparations claim" means a claimant's request or application made to the
176     office for a reparations award.
177          [(33)] (34) (a) "Reparations officer" means an individual employed by the office to
178     investigate claims of victims and award reparations under this part.
179          (b) "Reparations officer" includes the director when the director is acting as a
180     reparations officer.
181          [(34)] (35) "Replacement service loss" means expenses reasonably and necessarily
182     incurred in obtaining ordinary and necessary services in lieu of those the injured individual
183     would have performed, not for income but the benefit of the injured individual or the injured
184     individual's dependents if the injured individual had not been injured.
185          [(35)] (36) (a) "Representative" means the victim, immediate family member, legal
186     guardian, attorney, conservator, executor, or an heir of an individual.
187          (b) "Representative" does not include a service provider or collateral source.
188          [(36)] (37) "Restitution" means the same as that term is defined in Section 77-38b-102.
189          [(37)] (38) "Secondary victim" means an individual who is traumatically affected by
190     the criminally injurious conduct subject to rules made by the board in accordance with Title
191     63G, Chapter 3, Utah Administrative Rulemaking Act.
192          [(38)] (39) "Service provider" means an individual or agency who provides a service to
193     a victim for a monetary fee, except attorneys as provided in Section 63M-7-524.
194          [(39)] (40) "Serious bodily injury" means the same as that term is defined in Section
195     76-1-101.5.
196          [(40)] (41) "Sexual assault" means any criminal conduct described in Title 76, Chapter
197     5, Part 4, Sexual Offenses.
198          [(41)] (42) "Strangulation" means any act involving the use of unlawful force or
199     violence that:
200          (a) impedes breathing or the circulation of blood; and
201          (b) is likely to produce a loss of consciousness by:
202          (i) applying pressure to the neck or throat of an individual; or
203          (ii) obstructing the nose, mouth, or airway of an individual.
204          [(42)] (43) "Substantial bodily injury" means the same as that term is defined in
205     Section 76-1-101.5.
206          [(43)] (44) (a) "Victim" means an individual who suffers bodily or psychological injury
207     or death as a direct result of:
208          (i) criminally injurious conduct; or
209          (ii) the production of pornography in violation of Section 76-5b-201 or 76-5b-201.1 if
210     the individual is a minor.
211          (b) "Victim" does not include an individual who participated in or observed the judicial
212     proceedings against an offender unless otherwise provided by statute or rule made in
213     accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
214          [(44)] (45) "Work loss" means loss of income from work the injured victim would
215     have performed if the injured victim had not been injured and expenses reasonably incurred by
216     the injured victim in obtaining services in lieu of those the injured victim would have
217     performed for income, reduced by any income from substitute work the injured victim was
218     capable of performing but unreasonably failed to undertake.
219          Section 2. Section 63M-7-506.5 is enacted to read:
220          63M-7-506.5. Duties of the office.
221          The office shall provide educational materials to a law enforcement agency to assist the
222     law enforcement agency with informing a victim of a sexual assault of the victim's right to
223     request testing of the victim and of the offender alleged to have committed the sexual assault as
224     described in Section 53-10-802.
225          Section 3. Section 63M-7-601.1 is enacted to read:
226          63M-7-601.1. Definitions.
227          As used in this part:
228          (1) "Committee" means a victim rights committee established in each judicial district
229     as described in Section 63M-7-601.7.
230          (2) "Council" means the Utah Council on Victims of Crime established in Section
231     63M-7-601.5.
232          (3) (a) "Criminal justice agency" means an agency that is directly involved in the
233     apprehension, prosecution, incarceration, or supervision of an individual involved in criminal
234     conduct.
235          (b) "Criminal justice agency" includes:
236          (i) a law enforcement agency as defined in Section 63M-7-502;
237          (ii) a prosecuting agency;
238          (iii) the Department of Corrections created in Section 64-13-2; or
239          (iv) the Board of Pardons and Parole created in Section 77-27-2.
240          (4) "Member" means an individual appointed to the council or to a committee.
241          (5) "Representative of a victim" means the same as that term is defined in Section
242     77-38-2.
243          (6) "Subcommittee" means a subcommittee of the council that is established to assist
244     the council in accomplishing the council's duties.
245          (7) (a) "Victim" means an individual against whom criminal conduct has allegedly
246     been committed.
247          (b) "Victim" does not include an individual who is an accomplice or codefendant to
248     criminal conduct.
249          (8) "Victim advocate" means the same as that term is defined in Section 77-37-403.
250          (9) "Victim's rights" means the rights afforded to a victim under Title 77, Chapter 37,
251     Victims' Rights, Title 77, Chapter 38, Crime Victims, and Utah Constitution, Article I, Section
252     28.
253          Section 4. Section 63M-7-601.5, which is renumbered from Section 63M-7-601 is
254     renumbered and amended to read:
255          [63M-7-601].      63M-7-601.5. Creation -- Members -- Chair.
256          (1) There is created [within the governor's office] the Utah Council on Victims of
257     Crime within the commission.
258          (2) The council is composed of [28] 27 voting members as follows:
259          (a) a representative of the [State Commission on Criminal and Juvenile Justice]
260     commission, appointed by the executive director of the commission;
261          (b) a representative of the Department of Corrections, appointed by the executive
262     director of the Department of Corrections;
263          (c) a representative of the Board of Pardons and Parole, appointed by the chair of the
264     Board of Pardons and Parole;
265          (d) a representative of the Department of Public Safety, appointed by the commissioner
266     of the Department of Public Safety;
267          (e) a representative of the Division of Juvenile Justice Services, appointed by the
268     director of the Division of Juvenile Justice Services;
269          (f) a representative of the Utah Office for Victims of Crime, appointed by the director
270     of the Utah Office for Victims of Crime;
271          (g) a representative of the Office of the Attorney General, appointed by the attorney
272     general;
273          (h) a representative of the United States [Attorney for the district] Attorney's Office for
274     the District of Utah, appointed by the United States Attorney;
275          (i) a representative of Utah's Native American community, appointed by the director of
276     the Division of Indian Affairs after input from federally recognized tribes in Utah;
277          [(j) a professional or volunteer working in the area of violence against women and
278     families appointed by the governor;]
279          [(k)] (j) a representative of the Department of Health and Human Services Violence
280     and Injury Prevention Program, appointed by the program's manager;
281          [(l)] (k) the chair of each [judicial district's victims' rights] committee;
282          [(m)] (l) a representative of the Statewide Association of Prosecutors and Public
283     Attorneys, appointed by the executive director of that association;
284          [(n)] (m) a representative of the Utah Chiefs of Police Association, appointed by the
285     president of that association;
286          [(o)] (n) a representative of the Utah Sheriffs' Association, appointed by the president
287     of that association;
288          [(p)] (o) a representative of [a Children's Justice Center] Children's Justice Centers,
289     appointed by the attorney general;
290          [(q)] (p) [the director of] a representative from the Division of Child and Family
291     Services [or that individual's designee], appointed by the director of the Division of Child and
292     Family Services;
293          [(r)] (q) [the chair] a representative of the Utah Victim Services Commission [or the
294     chair's designee], appointed by the chair of the Utah Victim Services Commission; and
295          [(s)] (r) the following [members] individuals, appointed by the members described in
296     Subsections (2)(a) through [(2)(r) to serve four-year terms] (2)(q):
297          (i) an individual who engages in community based advocacy;
298          (ii) a citizen representative; and
299          (iii) a citizen representative who has been a victim [of crime].
300          (3) The council shall annually elect:
301          (a) one member of the council to serve as chair; and
302          (b) one member of the council to serve as vice-chair[; and].
303          [(c) one member to serve as treasurer.]
304          Section 5. Section 63M-7-601.7 is enacted to read:
305          63M-7-601.7. Victim rights committee for each judicial district -- Members.
306          (1) There is created a victim rights committee in each judicial district of this state.
307          (2) The council shall appoint a chair to serve on each committee.
308          (3) The chair shall appoint, with the council's consent, the following individuals to
309     serve on each committee:
310          (a) a county or district attorney within the judicial district, or the county or district
311     attorney's designee;
312          (b) a municipal attorney within the judicial district, or the municipal attorney's
313     designee;
314          (c) a sheriff within the judicial district, or the sheriff's designee;
315          (d) a chief of police within the judicial district, or the chief of police's designee;
316          (e) a representative of the Division of Adult Probation and Parole within the
317     Department of Corrections;
318          (f) a victim advocate; and
319          (g) any other representative as appropriate.
320          Section 6. Section 63M-7-602 is amended to read:
321          63M-7-602. Reappointment to the council or a committee -- Vacancies.
322          (1) A member of the council or a committee is:
323          (a) appointed to serve a four-year term [is]; and
324          (b) eligible for reappointment.
325          (2) When a vacancy occurs in the membership for any reason, the replacement shall be
326     appointed for the remainder of the unexpired term.
327          Section 7. Section 63M-7-603 is amended to read:
328          63M-7-603. Duties of the council.
329          [(1)] The council shall:
330          [(a)] (1) make recommendations to the Legislature, the governor, and the Judicial
331     Council on the following:
332          [(i)] (a) enforcing [existing rights of victims of crime] a victim's rights;
333          [(ii)] (b) enhancing [rights of victims of crime] a victim's rights;
334          [(iii)] (c) the role of victims [of crime] in the criminal and juvenile justice system;
335          [(iv)] (d) victim restitution;
336          [(v)] (e) educating and training criminal and juvenile justice professionals on [the
337     rights of victims of crime] a victim's rights; and
338          [(vi)] (f) enhancing services to victims [of crimes];
339          [(b)] (2) provide training on [the rights of victims of crime; and] a victim's rights; and
340          (3) advocate for changes to the law, or for proposed legislation, in the interest of
341     victims.
342          [(c) establish a subcommittee to consider complaints not resolved by the Victims'
343     Rights Committee established in Section 77-37-5.]
344          [(2)] (4) The council may:
345          (a) Ĥ→ [advocate for a victim's rights in an appellate court;] subject to court rules and the
345a     governor's approval, petition to file an amicus brief in an appellate court in a case affecting a
345b     victim's rights; ←Ĥ
346          (b) establish a subcommittee;
347          (c) make rules in accordance with Title 63G, Chapter 3, Utah Administrative
348     Rulemaking Act, regarding the process by which a victim, or a representative of a victim, may
349     submit a complaint alleging a violation of the victim's rights; and
350          (d) review any action taken by a committee under Subsection 63M-7-606(6).
351          [(a) shall advocate the adoption, repeal, or modification of laws or proposed legislation
352     in the interest of victims of crime;]
353          [(b) subject to court rules and the governor's approval, may advocate in appellate courts
354     on behalf of a victim of crime as described in Subsection 77-38-11(2)(a)(ii);]
355          [(c) may establish additional subcommittees to assist in accomplishing its duties; and]
356          [(d) shall select and appoint individuals in accordance with Section 77-37-5 to act as
357     chairpersons of the judicial district victims' rights committees and provide assistance to the
358     committees in their operations.]
359          Section 8. Section 63M-7-605 is repealed and reenacted to read:
360          63M-7-605. Staff for the council -- Council coordinator.
361          (1) The executive director of the commission shall appoint an individual to serve as the
362     council coordinator for the council.
363          (2) The council coordinator shall:
364          (a) provide administrative assistance to the council, a subcommittee, and each
365     committee;
366          (b) schedule meetings for the council, a subcommittee, and each committee; and
367          (c) receive and process complaints as described in Section 63M-7-606.
368          Section 9. Section 63M-7-606 is enacted to read:
369          63M-7-606. Complaint of violation of victim rights -- Criminal justice agency
370     policy about complaints.
371          (1) When the council coordinator receives a complaint, the council coordinator shall
372     review the complaint to determine whether the complaint alleges a violation of a victim's
373     rights.
374          (2) (a) If the complaint does not allege a violation of a victim's rights, the council
375     coordinator shall send a letter to the victim, or the representative of a victim:
376          (i) explaining that the committee may only address a violation of the victim's right; and
377          (ii) describing any other resources that may be available to the victim or the
378     representative of the victim.
379          (b) The council coordinator shall send the letter described in Subsection (2)(a) within
380     30 days after the day on which the council coordinator receives the complaint.
381          (3) If the complaint does allege a violation of a victim's rights, the council coordinator
382     shall forward:
383          (a) the complaint to the committee of the judicial district where the violation allegedly
384     occurred; and
385          (b) a copy of the complaint to the person that is the subject of the complaint.
386          (4) The council coordinator shall schedule a meeting for the committee to review the
387     complaint as soon as practicable.
388          (5) If a criminal justice agency investigates a complaint regarding a violation of a
389     victim's rights and the committee receives a complaint about the same violation, the criminal
390     justice agency shall provide the criminal justice agency's investigative findings related to the
391     complaint to the committee.
392          (6) After reviewing the complaint and any findings submitted by a criminal justice
393     agency under Subsection (5), the committee may:
394          (a) make recommendations to the person alleged to have violated a victim's rights
395     regarding a victim's rights and the obligations of the person;
396          (b) inform the person of a victim's rights and the obligations required by law;
397          (c) refer the victim, or the representative of a victim, to other resources in the
398     community; or
399          (d) inform the victim, or the representative of a victim, of the victim's rights and
400     remedies described in Title 77, Chapter 37, Victims' Rights, Title 77, Chapter 38, Crime
401     Victims, and Utah Constitution, Article I, Section 28.
402          (7) Within 30 days after the day on which the committee meeting is held, the chair of
403     the committee shall send a letter to the victim, or the representative of a victim, describing any
404     action taken by the committee.
405          (8) A criminal justice agency shall establish a policy for addressing a complaint
406     alleging a violation of a victim's rights.
407          Section 10. Section 77-38-11 is amended to read:
408          77-38-11. Enforcement -- Appellate review -- No right to money damages.
409          (1) If a person acting under color of state law allegedly violates the rights of a victim
410     described in this chapter, Chapter 37, Victims' Rights, or Utah Constitution, Article I, Section
411     28, the victim, or a representative of a victim, may file a complaint with a victim rights
412     committee as described in Section 63M-7-606.
413          [(1)] (2) If a person acting under color of state law willfully or wantonly fails to
414     perform duties so that the rights in this chapter are not provided, an action for injunctive relief,
415     including prospective injunctive relief, may be brought against the individual and the
416     governmental entity that employs the individual.
417          [(2)] (3) (a) The victim of a crime or representative of a victim of a crime[, including
418     any Victims' Rights Committee as defined in Section 77-37-5] may:
419          (i) bring an action for declaratory relief or for a writ of mandamus defining or
420     enforcing the rights of victims and the obligations of government entities under this chapter;
421          (ii) petition to file an amicus brief in any court in any case affecting crime victims; and
422          (iii) after giving notice to the prosecution and the defense, seek an appropriate remedy
423     for a violation of a victim's right from the [judge] court assigned to the case involving the issue
424     [as provided in Section 77-38-11].
425          (b) Adverse rulings on these actions or on a motion or request brought by a victim of a
426     crime or a representative of a victim of a crime may be appealed under the rules governing
427     appellate actions, provided that an appeal may not constitute grounds for delaying any criminal
428     or juvenile proceeding.
429          (c) An appellate court shall review all properly presented issues, including issues that
430     are capable of repetition but would otherwise evade review.
431          [(3)] (4) (a) Upon a showing that the victim has not unduly delayed in seeking to
432     protect the victim's right, and after hearing from the prosecution and the defense, the [judge]
433     court shall determine whether a right of the victim has been violated.
434          (b) If the [judge] court determines that a victim's right has been violated, the [judge
435     shall proceed to] the court shall:
436          (i) determine the appropriate remedy for the violation of the victim's right by hearing
437     from the victim and the parties[,] and considering all factors relevant to the issue[, and then
438     awarding]; and
439          (ii) award an appropriate remedy to the victim.
440          (5) (a) The court shall;
441          (i) reconsider any judicial decision or judgment affected by a violation of the victim's
442     right; and
443          (ii) [determine whether,] upon affording the victim the right and further hearing from
444     the prosecution and the defense, determine whether the decision or judgment would have been
445     different.
446          (b) If the court's decision or judgment would have been different, the court shall enter
447     the new different decision or judgment as the appropriate remedy.
448          (c) If necessary to protect the victim's right, [the new decision or judgment shall be
449     entered] the court shall enter the new decision or judgment nunc pro tunc to the time the first
450     decision or judgment was reached.
451          (d) In no event shall the appropriate remedy be a new trial, damages, attorney fees, or
452     costs.
453          [(c)] (6) (a) The appropriate remedy under Subsection (4) or (5) shall include only
454     actions necessary to provide the victim the right to which the victim was entitled [and].
455          (b) The appropriate remedy under Subsection (4) or (5) may include reopening
456     previously held proceedings.
457          (7) (a) Subject to Subsection [(3)(d)] (7)(c), the court may reopen a sentence or a
458     previously entered guilty or no contest plea only if [doing so] reopening the sentence or plea:
459          (i) would not preclude continued prosecution or sentencing the defendant; and
460          (ii) would not otherwise permit the defendant to escape justice.
461          (b) [Any remedy shall be tailored] The court shall tailor a remedy to provide the victim
462     with an appropriate remedy without violating any constitutional right of the defendant.
463          [(d)] (c) If the court sets aside a previously entered plea of guilty or no contest, and
464     [thereafter] the continued prosecution of the charge is held to be prevented by the defendant's
465     having been previously put in jeopardy, the order setting aside the plea is void and the plea is
466     reinstated as of the date of [its] the plea's original entry.
467          [(e)] (d) The court may not award as a remedy the dismissal of any criminal charge.
468          [(f)] (e) The court may not award any remedy if the proceeding that the victim is
469     challenging occurred more than 90 days before the day on which the victim filed an action
470     alleging the violation of the right.
471          [(4)] (8) The failure to provide the rights in this chapter or [Title 77, Chapter 37,
472     Victims' Rights] Chapter 37, Victims' Rights, shall not constitute cause for a judgment against
473     the state or any government entity, or any individual employed by the state or any government
474     entity, for monetary damages, attorney fees, or the costs of exercising any rights under this
475     chapter.
476          (9) A defendant convicted of an offense may not bring an action or complaint
477     concerning a violation of this chapter or Chapter 37, Victims' Rights.
478          Section 11. Repealer.
479          This bill repeals:
480          Section 77-37-5, Remedies -- District Victims' Rights Committee.
481          Section 12. Effective date.
482          This bill takes effect on May 1, 2024.