This document includes Senate 3rd Reading Floor Amendments incorporated into the bill on Fri, Mar 1, 2024 at 10:49 AM by lpoole.
Senator Michael K. McKell proposes the following substitute bill:


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          ▸     amends the duties of the Utah Council on Victims of Crime;
16          ▸     amends the duties of the Utah Victim Services Commission;
17          ▸     creates a victim rights committee in each judicial district of the state;
18          ▸     establishes the membership of a victim rights committee;
19          ▸     creates a process for submitting a complaint alleging a violation of a victim's right;
20          ▸     clarifies the relief that a victim may seek from a court for a violation of a victim's
21     right;
22          ▸     clarifies that a defendant may not seek relief from a court for a violation of victim's
23     rights;
24          ▸     requires a prosecuting attorney to consult with, and receive a request from, a victim
25     before a criminal action involving a domestic violence offense is transferred from
26     the justice court to the district court;
27          ▸     repeals a statute on district victims' rights committees; and
28          ▸     makes technical and conforming changes.
29     Money Appropriated in this Bill:
30          None
31     Other Special Clauses:
32          This bill provides a coordination clause.
33     Utah Code Sections Affected:
34     AMENDS:
35          63M-7-502, as last amended by Laws of Utah 2022, Chapters 148, 185 and 430
36          63M-7-603, as last amended by Laws of Utah 2021, Chapter 172
37          63M-7-904, as enacted by Laws of Utah 2023, Chapter 150
38          77-38-11, as last amended by Laws of Utah 2010, Chapter 331
39          78A-7-106, as last amended by Laws of Utah 2023, Chapter 34
40     ENACTS:
41          63M-7-506.5, Utah Code Annotated 1953
42          63M-7-1001, Utah Code Annotated 1953
43          63M-7-1002, Utah Code Annotated 1953
44          63M-7-1003, Utah Code Annotated 1953
45     REPEALS:
46          77-37-5, as last amended by Laws of Utah 2023, Chapter 237
47     Utah Code Sections Affected By Coordination Clause:
48          63M-7-904, as enacted by Laws of Utah 2023, Chapter 150
49     

50     Be it enacted by the Legislature of the state of Utah:
51          Section 1. Section 63M-7-502 is amended to read:
52          63M-7-502. Definitions.
53          As used in this part:
54          (1) "Accomplice" means an individual who has engaged in criminal conduct as
55     described in Section 76-2-202.
56          (2) "Advocacy services provider" means the same as that term is defined in Section
57     77-38-403.
58          (3) "Board" means the Crime Victim Reparations and Assistance Board created under
59     Section 63M-7-504.
60          (4) "Bodily injury" means physical pain, illness, or any impairment of physical
61     condition.
62          (5) "Claimant" means any of the following claiming reparations under this part:
63          (a) a victim;
64          (b) a dependent of a deceased victim; or
65          (c) an individual or representative who files a reparations claim on behalf of a victim.
66          (6) "Child" means an unemancipated individual who is under 18 years old.
67          (7) "Collateral source" means any source of benefits or advantages for economic loss
68     otherwise reparable under this part that the victim or claimant has received, or that is readily
69     available to the victim from:
70          (a) the offender;
71          (b) the insurance of the offender or the victim;
72          (c) the United States government or any of its agencies, a state or any of its political
73     subdivisions, or an instrumentality of two or more states, except in the case on nonobligatory
74     state-funded programs;
75          (d) social security, Medicare, and Medicaid;
76          (e) state-required temporary nonoccupational income replacement insurance or
77     disability income insurance;
78          (f) workers' compensation;
79          (g) wage continuation programs of any employer;
80          (h) proceeds of a contract of insurance payable to the victim for the loss the victim
81     sustained because of the criminally injurious conduct;
82          (i) a contract providing prepaid hospital and other health care services or benefits for
83     disability; or
84          (j) veteran's benefits, including veteran's hospitalization benefits.
85          (8) "Criminal justice system victim advocate" means the same as that term is defined in
86     Section 77-38-403.
87          (9) (a) "Criminally injurious conduct" other than acts of war declared or not declared
88     means conduct that:
89          (i) is or would be subject to prosecution in this state under Section 76-1-201;
90          (ii) occurs or is attempted;
91          (iii) causes, or poses a substantial threat of causing, bodily injury or death;
92          (iv) is punishable by fine, imprisonment, or death if the individual engaging in the
93     conduct possessed the capacity to commit the conduct; and
94          (v) does not arise out of the ownership, maintenance, or use of a motor vehicle,
95     aircraft, or water craft, unless the conduct is:
96          (A) intended to cause bodily injury or death;
97          (B) punishable under Title 76, Chapter 5, Offenses Against the Individual; or
98          (C) chargeable as an offense for driving under the influence of alcohol or drugs.
99          (b) "Criminally injurious conduct" includes a felony violation of Section 76-7-101 and
100     other conduct leading to the psychological injury of an individual resulting from living in a
101     setting that involves a bigamous relationship.
102          (10) (a) "Dependent" means a natural person to whom the victim is wholly or partially
103     legally responsible for care or support.
104          (b) "Dependent" includes a child of the victim born after the victim's death.
105          (11) "Dependent's economic loss" means loss after the victim's death of contributions
106     of things of economic value to the victim's dependent, not including services the dependent
107     would have received from the victim if the victim had not suffered the fatal injury, less
108     expenses of the dependent avoided by reason of victim's death.
109          (12) "Dependent's replacement services loss" means loss reasonably and necessarily
110     incurred by the dependent after the victim's death in obtaining services in lieu of those the
111     decedent would have performed for the victim's benefit if the victim had not suffered the fatal
112     injury, less expenses of the dependent avoided by reason of the victim's death and not
113     subtracted in calculating the dependent's economic loss.
114          (13) "Director" means the director of the office.
115          (14) "Disposition" means the sentencing or determination of penalty or punishment to
116     be imposed upon an individual:
117          (a) convicted of a crime;
118          (b) found delinquent; or
119          (c) against whom a finding of sufficient facts for conviction or finding of delinquency
120     is made.
121          (15) (a) "Economic loss" means economic detriment consisting only of allowable
122     expense, work loss, replacement services loss, and if injury causes death, dependent's economic
123     loss and dependent's replacement service loss.
124          (b) "Economic loss" includes economic detriment even if caused by pain and suffering
125     or physical impairment.
126          (c) "Economic loss" does not include noneconomic detriment.
127          (16) "Elderly victim" means an individual who is 60 years old or older and who is a
128     victim.
129          (17) "Fraudulent claim" means a filed reparations based on material misrepresentation
130     of fact and intended to deceive the reparations staff for the purpose of obtaining reparation
131     funds for which the claimant is not eligible.
132          (18) "Fund" means the Crime Victim Reparations Fund created in Section 63M-7-526.
133          (19) (a) "Interpersonal violence" means an act involving violence, physical harm, or a
134     threat of violence or physical harm, that is committed by an individual who is or has been in a
135     domestic, dating, sexual, or intimate relationship with the victim.
136          (b) "Interpersonal violence" includes any attempt, conspiracy, or solicitation of an act
137     described in Subsection (19)(a).
138          (20) "Law enforcement agency" means a public or private agency having general police
139     power and charged with making arrests in connection with enforcement of the criminal statutes
140     and ordinances of this state or any political subdivision of this state.
141          [(20)] (21) "Law enforcement officer" means the same as that term is defined in
142     Section 53-13-103.
143          [(21)] (22) (a) "Medical examination" means a physical examination necessary to
144     document criminally injurious conduct.
145          (b) "Medical examination" does not include mental health evaluations for the
146     prosecution and investigation of a crime.
147          [(22)] (23) "Mental health counseling" means outpatient and inpatient counseling
148     necessitated as a result of criminally injurious conduct, is subject to rules made by the board in
149     accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
150          [(23)] (24) "Misconduct" means conduct by the victim that was attributable to the
151     injury or death of the victim as provided by rules made by the board in accordance with Title
152     63G, Chapter 3, Utah Administrative Rulemaking Act.
153          [(24)] (25) "Noneconomic detriment" means pain, suffering, inconvenience, physical
154     impairment, and other nonpecuniary damage, except as provided in this part.
155          [(25)] (26) "Nongovernment organization victim advocate" means the same as that
156     term is defined in Section 77-38-403.
157          [(26)] (27) "Pecuniary loss" does not include loss attributable to pain and suffering
158     except as otherwise provided in this part.
159          [(27)] (28) "Offender" means an individual who has violated Title 76, Utah Criminal
160     Code, through criminally injurious conduct regardless of whether the individual is arrested,
161     prosecuted, or convicted.
162          [(28)] (29) "Offense" means a violation of Title 76, Utah Criminal Code.
163          [(29)] (30) "Office" means the director, the reparations and assistance officers, and any
164     other staff employed for the purpose of carrying out the provisions of this part.
165          [(30)] (31) "Perpetrator" means the individual who actually participated in the
166     criminally injurious conduct.
167          [(31)] (32) "Reparations award" means money or other benefits provided to a claimant
168     or to another on behalf of a claimant after the day on which a reparations claim is approved by
169     the office.
170          [(32)] (33) "Reparations claim" means a claimant's request or application made to the
171     office for a reparations award.
172          [(33)] (34) (a) "Reparations officer" means an individual employed by the office to
173     investigate claims of victims and award reparations under this part.
174          (b) "Reparations officer" includes the director when the director is acting as a
175     reparations officer.
176          [(34)] (35) "Replacement service loss" means expenses reasonably and necessarily
177     incurred in obtaining ordinary and necessary services in lieu of those the injured individual
178     would have performed, not for income but the benefit of the injured individual or the injured
179     individual's dependents if the injured individual had not been injured.
180          [(35)] (36) (a) "Representative" means the victim, immediate family member, legal
181     guardian, attorney, conservator, executor, or an heir of an individual.
182          (b) "Representative" does not include a service provider or collateral source.
183          [(36)] (37) "Restitution" means the same as that term is defined in Section 77-38b-102.
184          [(37)] (38) "Secondary victim" means an individual who is traumatically affected by
185     the criminally injurious conduct subject to rules made by the board in accordance with Title
186     63G, Chapter 3, Utah Administrative Rulemaking Act.
187          [(38)] (39) "Service provider" means an individual or agency who provides a service to
188     a victim for a monetary fee, except attorneys as provided in Section 63M-7-524.
189          [(39)] (40) "Serious bodily injury" means the same as that term is defined in Section
190     76-1-101.5.
191          [(40)] (41) "Sexual assault" means any criminal conduct described in Title 76, Chapter
192     5, Part 4, Sexual Offenses.
193          [(41)] (42) "Strangulation" means any act involving the use of unlawful force or
194     violence that:
195          (a) impedes breathing or the circulation of blood; and
196          (b) is likely to produce a loss of consciousness by:
197          (i) applying pressure to the neck or throat of an individual; or
198          (ii) obstructing the nose, mouth, or airway of an individual.
199          [(42)] (43) "Substantial bodily injury" means the same as that term is defined in
200     Section 76-1-101.5.
201          [(43)] (44) (a) "Victim" means an individual who suffers bodily or psychological injury
202     or death as a direct result of:
203          (i) criminally injurious conduct; or
204          (ii) the production of pornography in violation of Section 76-5b-201 or 76-5b-201.1 if
205     the individual is a minor.
206          (b) "Victim" does not include an individual who participated in or observed the judicial
207     proceedings against an offender unless otherwise provided by statute or rule made in
208     accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
209          [(44)] (45) "Work loss" means loss of income from work the injured victim would
210     have performed if the injured victim had not been injured and expenses reasonably incurred by
211     the injured victim in obtaining services in lieu of those the injured victim would have
212     performed for income, reduced by any income from substitute work the injured victim was
213     capable of performing but unreasonably failed to undertake.
214          Section 2. Section 63M-7-506.5 is enacted to read:
215          63M-7-506.5. Duties of the office.
216          The office shall provide educational materials to a law enforcement agency to assist the
217     law enforcement agency with informing a victim of a sexual assault of the victim's right to
218     request testing of the victim and of the offender alleged to have committed the sexual assault as
219     described in Section 53-10-802.
220          Section 3. Section 63M-7-603 is amended to read:
221          63M-7-603. Duties of the council.
222          (1) The council shall:
223          (a) make recommendations to the Legislature, the governor, and the Judicial Council
224     on the following:
225          (i) enforcing existing rights of victims of crime;
226          (ii) enhancing rights of victims of crime;
227          (iii) the role of victims of crime in the criminal justice system;
228          (iv) victim restitution;
229          (v) educating and training criminal justice professionals on the rights of victims of
230     crime; and
231          (vi) enhancing services to victims of crimes; and
232          (b) provide training on the rights of victims of crime[; and].
233          [(c) establish a subcommittee to consider complaints not resolved by the Victims'
234     Rights Committee established in Section 77-37-5.]
235          (2) The council:
236          (a) shall advocate the adoption, repeal, or modification of laws or proposed legislation
237     in the interest of victims of crime;
238          (b) subject to court rules and the governor's approval, may advocate in appellate courts
239     on behalf of a victim of crime as described in Subsection 77-38-11(2)(a)(ii); and
240          (c) may establish additional subcommittees to assist in accomplishing its duties[; and].
241          [(d) shall select and appoint individuals in accordance with Section 77-37-5 to act as
242     chairpersons of the judicial district victims' rights committees and provide assistance to the
243     committees in their operations.]
244     The following section is affected by a coordination clause at the end of this bill.
245          Section 4. Section 63M-7-904 is amended to read:
246          63M-7-904. Duties of the commission -- Report.
247          (1) The commission shall, in partnership with state agencies and organizations,
248     including the Children's Justice Center Program, the Utah Office for Victims of Crime, the
249     Utah Council on Victims of Crime, and the Division of Child and Family Services:
250          (a) review and assess the duties and practices of the State Commission on Criminal and
251     Juvenile Justice regarding services and criminal justice policies pertaining to victims;
252          (b) encourage and facilitate the development and coordination of trauma-informed
253     services for crime victims throughout the state;
254          (c) encourage and foster public and private partnerships for the purpose of:
255          (i) assessing needs for crime victim services throughout the state;
256          (ii) developing crime victim services and resources throughout the state; and
257          (iii) coordinating crime victim services and resources throughout the state;
258          (d) generate unity for ongoing efforts to reduce and eliminate the impact of crime on
259     victims through a comprehensive and evidence-based prevention, treatment, and justice
260     strategy;
261          (e) recommend and support the creation, dissemination, and implementation of
262     statewide policies and plans to address crimes, including domestic violence, sexual violence,
263     child abuse, and driving under the influence of drugs and alcohol;
264          (f) develop a systematic process and clearinghouse for the collection and dissemination
265     of data on domestic violence and sexual violence;
266          (g) collect information on statewide funding for crime victim services and prevention
267     efforts, including the sources, disbursement, and outcomes of statewide funding for crime
268     victim services and prevention efforts;
269          (h) consider recommendations from any subcommittee of the commission; and
270          (i) make recommendations regarding:
271          (i) the duties and practices of the State Commission on Criminal and Juvenile Justice
272     to ensure that:
273          (A) crime victims are a vital part of the criminal justice system of the state;
274          (B) all crime victims and witnesses are treated with dignity, respect, courtesy, and
275     sensitivity; and
276          (C) the rights of crime victims and witnesses are honored and protected by law in a
277     manner no less vigorous than protections afforded to criminal defendants; and
278          (ii) statewide funding for crime victim services and prevention efforts.
279          (2) The commission may:
280          (a) recommend to the Legislature the services to be funded by the Victim Services
281     Restricted Account[.];
282          (b) make rules in accordance with Title 63G, Chapter 3, Utah Administrative
283     Rulemaking Act, regarding the process by which a victim, or a representative of a victim, may
284     submit a complaint alleging a violation of the victim's rights; and
285          (c) review any action taken by a victim rights committee created in accordance with
286     Section 63M-7-1002.
287          (3) The commission shall report the commission's recommendations annually to the
288     State Commission on Criminal and Juvenile Justice, the governor, the Judicial Council, the
289     Executive Offices and Criminal Justice Appropriations Subcommittee, the Health and Human
290     Services Interim Committee, the Judiciary Interim Committee, and the Law Enforcement and
291     Criminal Justice Interim Committee.
292          (4) When taking an action or making a recommendation, the commission shall respect
293     that a state agency is bound to follow state law and may have duties or responsibilities imposed
294     by state law.
295          Section 5. Section 63M-7-1001 is enacted to read:
296     
Part 10. Victim Rights Committees

297          63M-7-1001. Definitions.
298          As used in this part:
299          (1) "Committee" means a victim rights committee established in each judicial district
300     as described in Section 63M-7-1002.
301          (2) "Victim Services Commission" means the Utah Victim Services Commission
302     established in Section 63M-7-902.
303          (3) (a) "Criminal justice agency" means an agency that is directly involved in the
304     apprehension, prosecution, incarceration, or supervision of an individual involved in criminal
305     conduct.
306          (b) "Criminal justice agency" includes:
307          (i) a law enforcement agency as defined in Section 63M-7-502;
308          (ii) a prosecuting agency;
309          (iii) the Department of Corrections created in Section 64-13-2; or
310          (iv) the Board of Pardons and Parole created in Section 77-27-2.
311          (4) "Member" means an individual appointed to a committee.
312          (5) "Representative of a victim" means the same as that term is defined in Section
313     77-38-2.
314          (6) (a) "Victim" means an individual against whom criminal conduct has allegedly
315     been committed.
316          (b) "Victim" does not include an individual who is an accomplice or codefendant to
317     criminal conduct.
318          (7) "Victim advocate" means the same as that term is defined in Section 77-37-403.
319          (8) "Victim's rights" means the rights afforded to a victim under Title 77, Chapter 37,
320     Victims' Rights, Title 77, Chapter 38, Crime Victims, and Utah Constitution, Article I, Section
321     28.
322          Section 6. Section 63M-7-1002 is enacted to read:
323          63M-7-1002. Victim rights committee for each judicial district -- Members --
324     Terms.
325          (1) There is created a victim rights committee in each judicial district of this state.
326          (2) The Victim Services Commission shall appoint a chair to serve on each committee.
327          (3) The chair shall appoint, with the Victim Services Commission's consent, the
328     following individuals to serve on each committee:
329          (a) a county or district attorney within the judicial district, or the county or district
330     attorney's designee;
331          (b) a municipal attorney within the judicial district, or the municipal attorney's
332     designee;
333          (c) a sheriff within the judicial district, or the sheriff's designee;
334          (d) a chief of police within the judicial district, or the chief of police's designee;
335          (e) a representative of the Division of Adult Probation and Parole within the
336     Department of Corrections;
337          (f) a victim advocate; and
338          (g) any other representative as appropriate.
339          (4) A member is:
340          (a) appointed to serve a four-year term; and
341          (b) eligible for reappointment.
342          (5) When a vacancy occurs in the membership of a committee for any reason, the
343     replacement shall be appointed for the remainder of the unexpired term.
344          (6) A member may not receive compensation or benefits for the member's service, but
345     a member may receive per diem and travel expenses in accordance with:
346          (a) Section 63A-3-106;
347          (b) Section 63A-3-107; and
348          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
349     63A-3-107.
350          Section 7. Section 63M-7-1003 is enacted to read:
351          63M-7-1003. Complaint of violation of victim rights -- Criminal justice agency
352     policy about complaints.
353          (1) (a) When a committee receives a complaint, the committee shall review the
354     complaint to determine whether the complaint alleges a violation of a victim's rights.
355          (b) If a complaint alleges a violation of a victim's rights in another judicial district, the
356     committee shall forward the complaint to the judicial district where the violation allegedly
357     occurred.
358          (2) (a) If the committee receives a complaint that does not allege a violation of a
359     victim's rights, the committee shall send a letter to the victim, or the representative of a victim:
360          (i) explaining that the committee may only address a violation of the victim's rights;
361     and
362          (ii) describing any other resources that may be available to the victim or the
363     representative of the victim.
364          (b) The committee shall send the letter described in Subsection (2)(a) within 30 days
365     after the day on which the committee receives the complaint.
366          (3) If the complaint does allege a violation of a victim's rights, the committee
367     Ŝ→ [coordinator] ←Ŝ shall forward copy of the complaint to the person that is the subject of the
368     complaint.
369          (4) The committee shall schedule a meeting for the committee to review the complaint
370     as soon as practicable.
371          (5) If a criminal justice agency investigates a complaint regarding a violation of a
372     victim's rights and the committee receives a complaint about the same violation, the criminal
373     justice agency shall provide the criminal justice agency's investigative findings related to the
374     complaint to the committee.
375          (6) After reviewing the complaint and any findings submitted by a criminal justice
376     agency under Subsection (5), the committee may:
377          (a) inform the person of a victim's rights and the obligations required by law;
378          (b) refer the victim, or the representative of a victim, to other resources in the
379     community; or
380          (c) inform the victim, or the representative of a victim, of the victim's rights and
381     remedies described in Title 77, Chapter 37, Victims' Rights, Title 77, Chapter 38, Crime
382     Victims, and Utah Constitution, Article I, Section 28.
383          (7) Within 30 days after the day on which the committee meeting is held, the chair of
384     the committee shall send a letter to the victim, or the representative of a victim, describing any
385     action taken by the committee.
386          (8) A criminal justice agency shall establish a policy for addressing a complaint
387     alleging a violation of a victim's rights.
388          Section 8. Section 77-38-11 is amended to read:
389          77-38-11. Enforcement -- Appellate review -- No right to money damages.
390          (1) If a person acting under color of state law allegedly violates the rights of a victim
391     described in this chapter, Chapter 37, Victims' Rights, or Utah Constitution, Article I, Section
392     28, the victim, or a representative of a victim, may file a complaint with a victim rights
393     committee as described in Section 63M-7-1003.
394          [(1)] (2) If a person acting under color of state law willfully or wantonly fails to
395     perform duties so that the rights in this chapter are not provided, an action for injunctive relief,
396     including prospective injunctive relief, may be brought against the individual and the
397     governmental entity that employs the individual.
398          [(2)] (3) (a) The victim of a crime or representative of a victim of a crime[, including
399     any Victims' Rights Committee as defined in Section 77-37-5] may:
400          (i) bring an action for declaratory relief or for a writ of mandamus defining or
401     enforcing the rights of victims and the obligations of government entities under this chapter;
402          (ii) petition to file an amicus brief in any court in any case affecting crime victims; and
403          (iii) after giving notice to the prosecution and the defense, seek an appropriate remedy
404     for a violation of a victim's right from the [judge] court assigned to the case involving the issue
405     [as provided in Section 77-38-11].
406          (b) Adverse rulings on these actions or on a motion or request brought by a victim of a
407     crime or a representative of a victim of a crime may be appealed under the rules governing
408     appellate actions, provided that an appeal may not constitute grounds for delaying any criminal
409     or juvenile proceeding.
410          (c) An appellate court shall review all properly presented issues, including issues that
411     are capable of repetition but would otherwise evade review.
412          [(3)] (4) (a) Upon a showing that the victim has not unduly delayed in seeking to
413     protect the victim's right, and after hearing from the prosecution and the defense, the [judge]
414     court shall determine whether a right of the victim has been violated.
415          (b) If the [judge] court determines that a victim's right has been violated, the [judge
416     shall proceed to] the court shall:
417          (i) determine the appropriate remedy for the violation of the victim's right by hearing
418     from the victim and the parties[,] and considering all factors relevant to the issue[, and then
419     awarding]; and
420          (ii) award an appropriate remedy to the victim.
421          (5) (a) The court shall:
422          (i) reconsider any judicial decision or judgment affected by a violation of the victim's
423     right; and
424          (ii) [determine whether,] upon affording the victim the right and further hearing from
425     the prosecution and the defense, determine whether the decision or judgment would have been
426     different.
427          (b) If the court's decision or judgment would have been different, the court shall enter
428     the new different decision or judgment as the appropriate remedy.
429          (c) If necessary to protect the victim's right, [the new decision or judgment shall be
430     entered] the court shall enter the new decision or judgment nunc pro tunc to the time the first
431     decision or judgment was reached.
432          (d) In no event shall the appropriate remedy be a new trial, damages, attorney fees, or
433     costs.
434          [(c)] (6) (a) The appropriate remedy under Subsection (4) or (5) shall include only
435     actions necessary to provide the victim the right to which the victim was entitled [and].
436          (b) The appropriate remedy under Subsection (4) or (5) may include reopening
437     previously held proceedings.
438          (7) (a) Subject to Subsection [(3)(d)] (7)(c), the court may reopen a sentence or a
439     previously entered guilty or no contest plea only if [doing so] reopening the sentence or plea:
440          (i) would not preclude continued prosecution or sentencing the defendant; and
441          (ii) would not otherwise permit the defendant to escape justice.
442          (b) [Any remedy shall be tailored] The court shall tailor a remedy to provide the victim
443     with an appropriate remedy without violating any constitutional right of the defendant.
444          [(d)] (c) If the court sets aside a previously entered plea of guilty or no contest, and
445     [thereafter] the continued prosecution of the charge is held to be prevented by the defendant's
446     having been previously put in jeopardy, the order setting aside the plea is void and the plea is
447     reinstated as of the date of [its] the plea's original entry.
448          [(e)] (d) The court may not award as a remedy the dismissal of any criminal charge.
449          [(f)] (e) The court may not award any remedy if the proceeding that the victim is
450     challenging occurred more than 90 days before the day on which the victim filed an action
451     alleging the violation of the right.
452          [(4)] (8) The failure to provide the rights in this chapter or [Title 77, Chapter 37,
453     Victims' Rights] Chapter 37, Victims' Rights, shall not constitute cause for a judgment against
454     the state or any government entity, or any individual employed by the state or any government
455     entity, for monetary damages, attorney fees, or the costs of exercising any rights under this
456     chapter.
457          (9) A defendant convicted of an offense may not bring an action or complaint
458     concerning a violation of this chapter or Chapter 37, Victims' Rights.
459          Section 9. Section 78A-7-106 is amended to read:
460          78A-7-106. Jurisdiction.
461          (1) (a) Except for an offense for which the district court has original jurisdiction under
462     Subsection 78A-5-102(8) or an offense for which the juvenile court has original jurisdiction
463     under Subsection 78A-6-103(1)(c), a justice court has original jurisdiction over class B and C
464     misdemeanors, violation of ordinances, and infractions committed within the justice court's
465     territorial jurisdiction by an individual who is 18 years old or older.
466          (b) A justice court has original jurisdiction over the following offenses committed
467     within the justice court's territorial jurisdiction by an individual who is 18 years old or older:
468          (i) class C misdemeanor and infraction violations of Title 53, Chapter 3, Part 2, Driver
469     Licensing Act; and
470          (ii) class B and C misdemeanor and infraction violations of:
471          (A) Title 23A, Wildlife Resources Act;
472          (B) Title 41, Chapter 1a, Motor Vehicle Act;
473          (C) Title 41, Chapter 6a, Traffic Code, except Title 41, Chapter 6a, Part 5, Driving
474     Under the Influence and Reckless Driving;
475          (D) Title 41, Chapter 12a, Financial Responsibility of Motor Vehicle Owners and
476     Operators Act;
477          (E) Title 41, Chapter 22, Off-highway Vehicles;
478          (F) Title 73, Chapter 18, State Boating Act, except Section 73-18-12;
479          (G) Title 73, Chapter 18a, Boating - Litter and Pollution Control;
480          (H) Title 73, Chapter 18b, Water Safety; and
481          (I) Title 73, Chapter 18c, Financial Responsibility of Motorboat Owners and Operators
482     Act.
483          (2) Except for an offense for which the district court has exclusive jurisdiction under
484     Section 78A-5-102.5 or an offense for which the juvenile court has exclusive jurisdiction under
485     Section 78A-6-103.5, a justice court has original jurisdiction over the following offenses
486     committed within the justice court's territorial jurisdiction by an individual who is 16 or 17
487     years old:
488          (a) class C misdemeanor and infraction violations of Title 53, Chapter 3, Part 2, Driver
489     Licensing Act; and
490          (b) class B and C misdemeanor and infraction violations of:
491          (i) Title 23A, Wildlife Resources Act;
492          (ii) Title 41, Chapter 1a, Motor Vehicle Act;
493          (iii) Title 41, Chapter 6a, Traffic Code, except Title 41, Chapter 6a, Part 5, Driving
494     Under the Influence and Reckless Driving;
495          (iv) Title 41, Chapter 12a, Financial Responsibility of Motor Vehicle Owners and
496     Operators Act;
497          (v) Title 41, Chapter 22, Off-highway Vehicles;
498          (vi) Title 73, Chapter 18, State Boating Act, except for an offense under Section
499     73-18-12;
500          (vii) Title 73, Chapter 18a, Boating - Litter and Pollution Control;
501          (viii) Title 73, Chapter 18b, Water Safety; and
502          (ix) Title 73, Chapter 18c, Financial Responsibility of Motorboat Owners and
503     Operators Act.
504          (3) (a) As used in this Subsection (3), "body of water" includes any stream, river, lake,
505     or reservoir, whether natural or man-made.
506          (b) An offense is committed within the territorial jurisdiction of a justice court if:
507          (i) conduct constituting an element of the offense or a result constituting an element of
508     the offense occurs within the court's jurisdiction, regardless of whether the conduct or result is
509     itself unlawful;
510          (ii) either an individual committing an offense or a victim of an offense is located
511     within the court's jurisdiction at the time the offense is committed;
512          (iii) either a cause of injury occurs within the court's jurisdiction or the injury occurs
513     within the court's jurisdiction;
514          (iv) an individual commits any act constituting an element of an inchoate offense
515     within the court's jurisdiction, including an agreement in a conspiracy;
516          (v) an individual solicits, aids, or abets, or attempts to solicit, aid, or abet another
517     individual in the planning or commission of an offense within the court's jurisdiction;
518          (vi) the investigation of the offense does not readily indicate in which court's
519     jurisdiction the offense occurred, and:
520          (A) the offense is committed upon or in any railroad car, vehicle, watercraft, or aircraft
521     passing within the court's jurisdiction;
522          (B) the offense is committed on or in any body of water bordering on or within this
523     state if the territorial limits of the justice court are adjacent to the body of water;
524          (C) an individual who commits theft exercises control over the affected property within
525     the court's jurisdiction; or
526          (D) the offense is committed on or near the boundary of the court's jurisdiction;
527          (vii) the offense consists of an unlawful communication that was initiated or received
528     within the court's jurisdiction; or
529          (viii) jurisdiction is otherwise specifically provided by law.
530          (4) If in a criminal case the defendant is 16 or 17 years old, a justice court judge may
531     transfer the case to the juvenile court for further proceedings if the justice court judge
532     determines and the juvenile court concurs that the best interests of the defendant would be
533     served by the continuing jurisdiction of the juvenile court.
534          (5) Justice courts have jurisdiction of small claims cases under Title 78A, Chapter 8,
535     Small Claims Courts, if a defendant resides in or the debt arose within the territorial
536     jurisdiction of the justice court.
537          (6) (a) As used in this Subsection (6), "domestic violence offense" means the same as
538     that term is defined in Section 77-36-1.
539          (b) If a justice court has jurisdiction over a criminal action involving a domestic
540     violence offense and the criminal action is set for trial, the prosecuting attorney or the
541     defendant may file a notice of transfer in the justice court to transfer the criminal action from
542     the justice court to the district court.
543          (c) If a notice of transfer is filed by the prosecuting attorney, the prosecuting attorney
544     shall certify in the notice of transfer that:
545          (i) the prosecuting attorney, or a representative from the prosecuting attorney's office,
546     has consulted with all alleged victims about transferring the criminal action to the district court;
547     and
548          (ii) an alleged victim requested the transfer of the criminal action to the district court.
549          (d) The justice court shall transfer a criminal action to the district court if the justice
550     court receives a notice of transfer from:
551          (i) the defendant as described in Subsection (6)(b); or
552          (ii) the prosecuting attorney as described in Subsection (6)(b) and the prosecuting
553     attorney's notice of intent complies with Subsection (6)(c).
554          [(c) If a justice court receives a notice of transfer from the prosecuting attorney or the
555     defendant as described in Subsection (6)(b), the justice court shall transfer the criminal action
556     to the district court.]
557          Section 10. Repealer.
558          This bill repeals:
559          Section 77-37-5, Remedies -- District Victims' Rights Committee.
560          Section 11. Effective date.
561          This bill takes effect on May 1, 2024.
562          Section 12. Coordinating H.B. 308 with H.B. 532.
563          If H.B. 308, Crime Victim Amendments, and H.B. 532, State Boards and Commissions
564     Modifications, both pass and become law, the Legislature intends that, on December 31, 2024,
565     the following language replace Subsection 63M-7-904(3)(d) enacted in H.B. 532: "(d) review
566     any action taken by a victim rights committee created in accordance with Section
567     63M-7-1002.".