Utah Code 63M-7-509. Grounds for eligibility

63M-7-509. Grounds for eligibility.

(1)

A victim is eligible for a reparations award under this part if:

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Terms Used In Utah Code 63M-7-509

Advocacy services provider: means the same as that term is defined in Section 77-38-403. See Utah Code 63M-7-502
Board: means the Crime Victim Reparations and Assistance Board created under Section 63M-7-504. See Utah Code 63M-7-502
Claimant: means any of the following claiming reparations under this part:

(a)

a victim;

(b)	a dependent of a deceased victim; or

(c)

an individual or representative who files a reparations claim on behalf of a victim. See Utah Code 63M-7-502

Criminal justice system victim advocate: means the same as that term is defined in Section 77-38-403. See Utah Code 63M-7-502

Criminally injurious conduct: includes a felony violation of Section 76-7-101 and other conduct leading to the psychological injury of an individual resulting from living in a setting that involves a bigamous relationship. See Utah Code 63M-7-502

Interpersonal violence: includes any attempt, conspiracy, or solicitation of an act described in Subsection (19)(a). See Utah Code 63M-7-502

Law enforcement officer: means the same as that term is defined in Section 53-13-103. See Utah Code 63M-7-502

Nongovernment organization victim advocate: means the same as that term is defined in Section 77-38-403. See Utah Code 63M-7-502

Offense: means a violation of Title 76, Utah Criminal Code. See Utah Code 63M-7-502

Office: means the director, the reparations and assistance officers, and any other staff employed for the purpose of carrying out the provisions of this part. See Utah Code 63M-7-502

Perpetrator: means the individual who actually participated in the criminally injurious conduct. See Utah Code 63M-7-502

Reparations award: means money or other benefits provided to a claimant or to another on behalf of a claimant after the day on which a reparations claim is approved by the office. See Utah Code 63M-7-502

Reparations claim: means a claimant's request or application made to the office for a reparations award. See Utah Code 63M-7-502

Representative: means the victim, immediate family member, legal guardian, attorney, conservator, executor, or an heir of an individual. See Utah Code 63M-7-502

Sexual assault: means any criminal conduct described in 4. See Utah Code 63M-7-502

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

Strangulation: means any act involving the use of unlawful force or violence that:

(a)	impedes breathing or the circulation of blood; and

(b)

is likely to produce a loss of consciousness by:

(i)	applying pressure to the neck or throat of an individual; or

(ii)

obstructing the nose, mouth, or airway of an individual. See Utah Code 63M-7-502

Victim: means an individual who suffers bodily or psychological injury or death as a direct result of:

(i)	criminally injurious conduct; or

(ii)

the production of pornography in violation of Section 76-5b-201 or 76-5b-201. See Utah Code 63M-7-502

Victim advocate: work with prosecutors and assist the victims of a crime.

Writing: includes :Utah Code 68-3-12.5

(a)

the claimant is:

(i)	a victim of criminally injurious conduct;

(ii)	a dependent of a deceased victim of criminally injurious conduct; or

(iii)

a representative acting on behalf of one of the above;

(b)

(i)	the criminally injurious conduct occurred in Utah; or

(ii)	the victim is a Utah resident who suffers injury or death as a result of criminally injurious conduct inflicted in a state, territory, or country that does not provide a crime victims’ compensation program;

(c)	the application is made in writing in a form that conforms substantially to that prescribed by the board;

(d)	the criminally injurious conduct is reported to a law enforcement officer, in the law enforcement officer’s capacity as a law enforcement officer, or another federal or state investigative agency;

(e)	the claimant or victim cooperates with the appropriate law enforcement agencies and prosecuting attorneys in efforts to apprehend or convict the perpetrator of the alleged offense; and

(f)	the criminally injurious conduct occurred after December 31, 1986.

(2)	A reparations award may be made to a victim regardless of whether any individual is arrested, prosecuted, or convicted of the criminally injurious conduct giving rise to a reparations claim.

(3)

(a)

Notwithstanding the requirements of Subsections (1)(d) and (e), a victim of sexual assault is not required to report the sexual assault to a law enforcement officer or another federal or state investigative agency or cooperate with the appropriate law enforcement agencies and prosecuting attorneys to be eligible for a reparations award under this section if:

(i)	the victim seeks assistance from an advocacy services provider, a criminal justice system victim advocate, or a nongovernment organization victim advocate; and

(ii)	the advocacy services provider, the criminal justice system victim advocate, or the nongovernment organization victim advocate completes a questionnaire, provided by the office, regarding the sexual assault.

(b)

Notwithstanding the requirement of Subsection (1)(e), a victim who has suffered strangulation in the course of interpersonal violence is not required to cooperate with the appropriate law enforcement agencies and prosecuting attorneys to be eligible for a reparations award under this section if the victim:

(i)	reports the strangulation to a law enforcement officer or another federal or state investigative agency after the strangulation occurs; or

(ii)	seeks medical care for the strangulation immediately after the strangulation occurs.

Amended by Chapter 148, 2022 General Session

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