Utah Code 63M-7-519. Assignment of recovery — Reimbursement

63M-7-519. Assignment of recovery — Reimbursement.

(1)

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Board: means the Crime Victim Reparations and Assistance Board created under Section 63M-7-504. 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
Director: means the director of the office. See Utah Code 63M-7-502
Fund: means the Crime Victim Reparations Fund created in Section 63M-7-526. 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
Reparations claim: means a claimant's request or application made to the office for a reparations award. 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)

By accepting a reparations award, the victim:

(i)	automatically assigns to the office any claim the victim may have relating to criminally injurious conduct in the reparations claim; and

(ii)	is required to reimburse the office if the victim recovers any money relating to the criminally injurious conduct.

(b)

The office’s right of assignment and reimbursement under Subsection (1)(a) is limited to the lesser of:

(i)	the amount paid by the office; or

(ii)	the amount recovered by the victim from the third party.

(c)	The office may be reimbursed under Subsection (1)(a) regardless of whether the office exercises the office’s right of assignment under Subsection (1)(a).

(2)

The board, with the concurrence of the director, may reduce the office’s right of reimbursement if the board determines that:

(a)	the reduction will benefit the fund; or

(b)	the victim has ongoing expenses related to the offense upon which the reparations claim is based and the benefit to the victim of reducing the office’s right of reimbursement exceeds the benefit to the office of receiving full reimbursement.

(3)	The office reserves the right to make a claim for reimbursement on behalf of the victim and the victim may not impair the office’s claim or the office’s right of reimbursement.

Amended by Chapter 149, 2020 General Session