63M-7-516.  Waiver of privilege.

(1) 

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Terms Used In Utah Code 63M-7-516

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • 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
  • Director: means the director of 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
  • Reparations officer: includes the director when the director is acting as a reparations officer. 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
    (a)  A victim who is a claimant waives any privilege as to communications or records relevant to an issue of the physical, mental, or emotional conditions of the victim except for the attorney-client privilege.

    (b)  The waiver described in Subsection (1)(a) applies only to reparations officers, the director, the board, and legal counsel.
  • (2)  A claimant may be required to supply any additional medical or psychological reports available relating to the injury or death for which compensation is claimed.

    (3) 

    (a)  The reparations officer hearing a reparations claim or an appeal from a reparations claim shall make available to the claimant a copy of the report.

    (b)  If the victim is deceased, the director or the director’s appointee, on request, shall furnish the claimant a copy of the report unless dissemination of that copy is prohibited by law.

    Amended by Chapter 149, 2020 General Session