77-38-9. Representative of victim — Court designation — Representation in cases involving minors — Photographs in homicide cases.
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Terms Used In Utah Code 77-38-9- Person: means :Utah Code 68-3-12.5
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
- Writing: includes :Utah Code 68-3-12.5
| (a) |
A victim of a crime may designate, with the approval of the court, a representative who may exercise the same rights that the victim is entitled to exercise under this chapter, including pursuing restitution. |
| (b) |
Except as otherwise provided in this section, the victim may revoke the designation at any time. |
| (c) |
In cases where the designation is in question, the court may require that the designation of the representative be made in writing by the victim. |
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| (2) |
In cases in which the victim is deceased or incapacitated, upon request from the victim’s spouse, parent, child, or close friend, the court shall designate a representative or representatives of the victim to exercise the rights of a victim under this chapter on behalf of the victim. The responsible prosecuting agency may request a designation to the court. |
| (3) |
| (a) |
If the victim is a minor, the court in its discretion may allow the minor to exercise the rights of a victim under this chapter or may allow the victim’s parent or other immediate family member to act as a representative of the victim. |
| (b) |
The court may also, in its discretion, designate a person who is not a member of the immediate family to represent the interests of the minor. |
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| (4) |
The representative of a victim of a crime shall not be:
| (a) |
the accused or a person who appears to be accountable or otherwise criminally responsible for or criminally involved in the crime or conduct, a related crime or conduct, or a crime or act arising from the same conduct, criminal episode, or plan as the crime or conduct is defined under the laws of this state; |
| (b) |
a person in the custody of or under detention of federal, state, or local authorities; or |
| (c) |
a person whom the court in its discretion considers to be otherwise inappropriate. |
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| (5) |
Any notices that are to be provided to a victim pursuant to this chapter shall be sent to the victim or the victim’s lawful representative. |
| (6) |
On behalf of the victim, the prosecutor may assert any right to which the victim is entitled under this chapter, unless the victim requests otherwise or exercises his own rights. |
| (7) |
In any homicide prosecution, the prosecution may introduce a photograph of the victim taken before the homicide to establish that the victim was a human being, the identity of the victim, and for other relevant purposes. |
Amended by Chapter 244, 2014 General Session
