Utah Code 63M-7-513. Collateral sources

63M-7-513. Collateral sources.

(1)

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Terms Used In Utah Code 63M-7-513

Collateral source: means any source of benefits or advantages for economic loss otherwise reparable under this part that the victim or claimant has received, or that is readily available to the victim from:

(a)	the offender;

(b)	the insurance of the offender or the victim;

(c)	the United States government or any of its agencies, a state or any of its political subdivisions, or an instrumentality of two or more states, except in the case on nonobligatory state-funded programs;

(d)	social security, Medicare, and Medicaid;

(e)	state-required temporary nonoccupational income replacement insurance or disability income insurance;

(f)	workers' compensation;

(g)	wage continuation programs of any employer;

(h)	proceeds of a contract of insurance payable to the victim for the loss the victim sustained because of the criminally injurious conduct;

(i)	a contract providing prepaid hospital and other health care services or benefits for disability; or

(j)

veteran's benefits, including veteran's hospitalization benefits. See Utah Code 63M-7-502

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.

Offender: means an individual who has violated Title 76, Utah Criminal Code, through criminally injurious conduct regardless of whether the individual is arrested, prosecuted, or convicted. 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

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

Restitution: means the same as that term is defined in Section 77-38b-102. See Utah Code 63M-7-502

Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.

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
(a)	An order for restitution may not be considered readily available as a collateral source.

(b)	Receipt of a reparations award under this part is considered an assignment of the victim‘s rights to restitution from the offender.

(2)

(a)	The victim may not discharge a claim against an individual or entity without the office‘s written permission.

(b)	The victim shall fully cooperate with the office in pursuing the office’s right of reimbursement, including providing the office with any evidence in the victim’s possession.

(3)	The office’s right of reimbursement applies regardless of whether the victim is fully compensated for the victim’s losses.

(4)	Notwithstanding Subsection 63M-7-512(1)(a), a victim of a sexual offense who requests testing of the victim’s self may be reimbursed for the costs of the HIV test only as provided in Subsection 53-10-803(4).

Amended by Chapter 430, 2022 General Session

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