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Terms Used In Utah Code 77-38-405- Advocacy services: means assistance provided that supports, supplements, intervenes, or links a victim or a victim's family with appropriate resources and services to address the wide range of potential impacts of being victimized. See Utah Code 77-38-403
- Advocacy services provider: means an entity that has the primary focus of providing advocacy services in general or with specialization to a specific crime type or specific type of victimization. See Utah Code 77-38-403
- Confidential communication: means a communication that is intended to be confidential between a victim and a victim advocate for the purpose of obtaining advocacy services. See Utah Code 77-38-403
- Criminal justice system victim advocate: means an individual who:
| (a) | is employed or authorized to volunteer by a government agency that possesses a role or responsibility within the criminal justice system; |
| (b) | has as a primary responsibility addressing the mental, physical, or emotional recovery of victims; |
| (c) | completes a minimum 40 hours of trauma-informed training:| (i) | in crisis response, the effects of crime and trauma on victims, victim advocacy services and ethics, informed consent, and this part regarding privileged confidential communication; and |
| (ii) | that have been approved or provided by the Utah Office for Victims of Crime; and |
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| (d) | is under the supervision of the director or director's designee of the government agency. See Utah Code 77-38-403- Defense attorney: Represent defendants in criminal matters.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Guardian: includes a person who:Utah Code 68-3-12.5
- Health care provider: means the same as that term is defined in Section 78B-3-403. See Utah Code 77-38-403
- Mental health therapist: means the same as that term is defined in Section 58-60-102. See Utah Code 77-38-403
- Record: means a book, letter, document, paper, map, plan, photograph, file, card, tape, recording, electronic data, or other documentary material regardless of physical form or characteristics. See Utah Code 77-38-403
- Victim: means :
| (a) | a victim of a crime as defined in Section 77-38-2; |
| (b) | an individual who is a victim of domestic violence as defined in Section 77-36-1; or |
| (c) | an individual who is a victim of dating violence as defined in Section 78B-7-102. See Utah Code 77-38-403- Victim advocate: means :
| (i) | a criminal justice system victim advocate; |
| (ii) | a nongovernment organization victim advocate; or |
| (iii) | an individual who is employed or authorized to volunteer by a public or private entity and is designated by the Utah Office for Victims of Crime as having the specific purpose of providing advocacy services to or for the clients of the public or private entity. See Utah Code 77-38-403- Victim advocate: work with prosecutors and assist the victims of a crime.
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| (a) |
A victim advocate may not disclose a confidential communication with a victim, including a confidential communication in a group therapy session, except:
| (i) |
that a criminal justice system victim advocate shall provide the confidential communication to a prosecutor who is responsible for determining whether the confidential communication is exculpatory or goes to the credibility of a witness; |
| (ii) |
that a criminal justice system victim advocate may provide the confidential communication to a parent or guardian of a victim if the victim is a minor and the parent or guardian is not the accused, or a law enforcement officer, health care provider, mental health therapist, domestic violence shelter employee, an employee of the Utah Office for Victims of Crime, or member of a multidisciplinary team assembled by a Children’s Justice Center or a law enforcement agency for the purpose of providing advocacy services; or |
| (iii) |
to the extent allowed by the Utah Rules of Evidence. |
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| (b) |
If a prosecutor determines that the confidential communication is exculpatory or goes to the credibility of a witness, after the court notifies the victim and the defense attorney of the opportunity to be heard at an in camera review, the prosecutor will present the confidential communication to the victim, defense attorney, and the court for in camera review in accordance with the Utah Rules of Evidence. |
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| (3) |
A criminal justice system victim advocate, as soon as reasonably possible, shall notify a victim, or a parent or guardian of the victim if the victim is a minor and the parent or guardian is not the accused:
| (a) |
whether a confidential communication with the criminal justice system victim advocate will be disclosed to a prosecutor and whether a statement relating to the incident that forms the basis for criminal charges or goes to the credibility of a witness will also be disclosed to the defense attorney; and |
| (b) |
of the name, location, and contact information of one or more nongovernment organization advocacy services providers specializing in the victim’s service needs, when a nongovernment organization advocacy services provider exists and is known to the criminal justice system victim advocate. |
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Enacted by Chapter 361, 2019 General Session
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