36-29-107.5.  Murdered and Missing Indigenous Relatives Task Force — Creation — Membership — Quorum — Compensation — Staff — Vacancies — Duties — Interim report.

(1)  As used in this section, “task force” means the Murdered and Missing Indigenous Relatives Task Force created in Subsection (2).

Terms Used In Utah Code 36-29-107.5

  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Quorum: The number of legislators that must be present to do business.
  • 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
  • Victim advocate: work with prosecutors and assist the victims of a crime.
(2)  There is created the Murdered and Missing Indigenous Relatives Task Force consisting of the following nine members:

(a)  one member of the Senate appointed by the president of the Senate;

(b)  one member of the House of Representatives appointed by the speaker of the House of Representatives;

(c)  the following three members, appointed jointly by the president of the Senate and the speaker of the House of Representatives:

(i)  a member of a nonprofit organization primarily serving Utah’s Native American community;

(ii)  a representative of a Utah Native American tribe; and

(iii)  a representative of a victim advocate organization serving Utah’s Native American population;

(d)  the director of the Division of Indian Affairs, or the director’s designee;

(e)  the executive director of the Department of Human Services, or the executive director’s designee;

(f)  the attorney general, or the attorney general’s designee; and

(g)  the commissioner of public safety for the Department of Public Safety, or the commissioner’s designee.

(3)  A vacancy in a position appointed under Subsection (2)(a), (b), or (c) shall be filled by appointing a replacement member in the same manner as the member creating the vacancy was appointed under Subsection (2)(a), (b), or (c).

(4) 

(a)  The member of the Senate appointed under Subsection (2)(a) is a cochair of the task force.

(b)  The member of the House of Representatives appointed under Subsection (2)(b) is a cochair of the task force.

(5) 

(a)  A quorum consists of five members.

(b)  The action of a majority of a quorum constitutes an action of the task force.

(6) 

(a)  Salaries and expenses of the members of the task force who are legislators shall be paid in accordance with Section 36-2-2 and Legislative Joint Rules, Title 5, Chapter 3, Legislator Compensation.

(b)  A member of the task force who is not a legislator:

(i)  may not receive compensation or benefits for the member’s service associated with the task force; and

(ii)  may receive per diem and travel expenses incurred as a member of the task force at the rates the Division of Finance establishes in accordance with:

(A)  Sections 63A-3-106 and 63A-3-107; and

(B)  rules the Division of Finance makes in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to carry out the provisions of Sections 63A-3-106 and 63A-3-107.

(7)  The Office of Legislative Research and General Counsel shall provide staff support to the task force.

(8)  The task force shall:

(a)  conduct appropriate consultations with tribal governments on the scope and nature of the issues regarding murdered and missing indigenous women and girls;

(b)  develop model protocols and procedures to apply to new and unsolved cases of murdered or missing indigenous women and girls, including the best practices for:

(i)  improving the way law enforcement investigators and prosecutors respond to the high volume of the cases, and to the investigative challenges that might be presented in cases involving female victims;

(ii)  collecting and sharing data among various jurisdictions and law enforcement agencies; and

(iii)  better use of existing criminal databases;

(c)  seek input from multi-disciplinary and multi-jurisdictional persons, including representatives from tribal law enforcement and federal agencies, about how to review cold cases involving murdered and missing indigenous women and girls; and

(d)  address the need for greater clarity concerning roles, authorities, and jurisdiction throughout the lifecycle of cases involving murdered and missing indigenous women and girls, by discussing:

(i)  best practices in cases involving murdered and missing indigenous women and girls, including best practices related to communication with affected families from initiation of an investigation through case resolution or closure; and

(ii)  education and outreach campaigns for communities that are most affected by crime resulting in murdered and missing indigenous women and girls, to identify and reduce the crime.

(9) 

(a)  On or before November 30, 2024, the task force shall provide a report to the Law Enforcement and Criminal Justice Interim Committee.

(b)  The report described in Subsection (9)(a) shall include a summary of the task force’s findings under Subsection (8) and recommendations for improvements in the criminal justice and social service systems for preventing and addressing crimes involving murdered and missing indigenous women and girls in the state.

Amended by Chapter 101, 2023 General Session