77-38-3. Notification to victims — Initial notice, election to receive subsequent notices — Form of notice — Protected victim information — Pretrial criminal no contact order.
| (1) |
Within seven days after the day on which felony criminal charges are filed against a defendant, the prosecuting agency shall provide an initial notice to reasonably identifiable and locatable victims of the crime contained in the charges, except as otherwise provided in this chapter. |
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Terms Used In Utah Code 77-38-3
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
- 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
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
- Victim Impact Statement: A written or spoken statement by the victim or his or her representative about the physical, emotional, and financial impact of a crime on the victim. The statement is given to the court before sentencing.
| (2) |
The initial notice to the victim of a crime shall provide information about electing to receive notice of subsequent important criminal justice hearings listed in Subsections 77-38-2(5)(a) through (g) and rights under this chapter. |
| (3) |
The prosecuting agency shall provide notice to a victim of a crime:
| (a) |
for the important criminal justice hearings, provided in Subsections 77-38-2(5)(a) through (g), which the victim has requested; and |
| (b) |
for a restitution request to be submitted in accordance with Section 77-38b-202. |
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| (4) |
| (a) |
The responsible prosecuting agency may provide initial and subsequent notices in any reasonable manner, including telephonically, electronically, orally, or by means of a letter or form prepared for this purpose. |
| (b) |
In the event of an unforeseen important criminal justice hearing, described in Subsections 77-38-2(5)(a) through (g) for which a victim has requested notice, a good faith attempt to contact the victim by telephone shall be considered sufficient notice, provided that the prosecuting agency subsequently notifies the victim of the result of the proceeding. |
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| (5) |
| (a) |
The court shall take reasonable measures to ensure that its scheduling practices for the proceedings provided in Subsections 77-38-2(5)(a) through (g) permit an opportunity for victims of crimes to be notified. |
| (b) |
The court shall consider whether any notification system that the court might use to provide notice of judicial proceedings to defendants could be used to provide notice of judicial proceedings to victims of crimes. |
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| (6) |
A defendant or, if it is the moving party, the Division of Adult Probation and Parole, shall give notice to the responsible prosecuting agency of any motion for modification of any determination made at any of the important criminal justice hearings provided in Subsections 77-38-2(5)(a) through (g) in advance of any requested court hearing or action so that the prosecuting agency may comply with the prosecuting agency’s notification obligation. |
| (7) |
| (a) |
Notice to a victim of a crime shall be provided by the Board of Pardons and Parole for the important criminal justice hearing under Subsection 77-38-2(5)(h). |
| (b) |
The board may provide notice in any reasonable manner, including telephonically, electronically, orally, or by means of a letter or form prepared for this purpose. |
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| (8) |
Prosecuting agencies and the Board of Pardons and Parole are required to give notice to a victim of a crime for the proceedings provided in Subsections 77-38-2(5)(a) through (g) only where the victim has responded to the initial notice, requested notice of subsequent proceedings, and provided a current address and telephone number if applicable. |
| (9) |
To facilitate the payment of restitution and the notice of hearings regarding restitution, a victim who seeks restitution and notice of restitution hearings shall provide the court with the victim’s current address and telephone number. |
| (10) |
| (a) |
Law enforcement and criminal justice agencies shall refer any requests for notice or information about crime victim rights from victims to the responsible prosecuting agency. |
| (b) |
In a case in which the Board of Pardons and Parole is involved, the responsible prosecuting agency shall forward any request for notice the prosecuting agency has received from a victim to the Board of Pardons and Parole. |
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| (11) |
In all cases where the number of victims exceeds 10, the responsible prosecuting agency may send any notices required under this chapter in the prosecuting agency’s discretion to a representative sample of the victims. |
| (12) |
| (a) |
A victim’s address, telephone number, and victim impact statement maintained by a peace officer, prosecuting agency, Youth Parole Authority, Division of Juvenile Justice Services, Department of Corrections, Utah State Courts, and Board of Pardons and Parole, for purposes of providing notice under this section, are classified as protected under Subsection 63G-2-305(10). |
| (b) |
The victim’s address, telephone number, and victim impact statement is available only to the following persons or entities in the performance of their duties:
| (i) |
a law enforcement agency, including the prosecuting agency; |
| (ii) |
a victims’ right committee as provided in Section 77-37-5; |
| (iii) |
a governmentally sponsored victim or witness program; |
| (iv) |
the Department of Corrections; |
| (v) |
the Utah Office for Victims of Crime; |
| (vi) |
the Commission on Criminal and Juvenile Justice; |
| (vii) |
the Utah State Courts; and |
| (viii) |
the Board of Pardons and Parole. |
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| (13) |
The notice provisions as provided in this section do not apply to misdemeanors as provided in Section 77-38-5 and to important juvenile justice hearings as provided in Section 77-38-2. |
| (14) |
| (a) |
When a defendant is charged with a felony crime under Sections 76-5-301 through 76-5-310.1 regarding kidnapping, human trafficking, and human smuggling; Sections 76-5-401 through 76-5-413.2 regarding sexual offenses; or Section 76-10-1306 regarding aggravated exploitation of prostitution, the court may, during any court hearing where the defendant is present, issue a pretrial criminal no contact order:
| (i) |
prohibiting the defendant from harassing, telephoning, contacting, or otherwise communicating with the victim directly or through a third party; |
| (ii) |
ordering the defendant to stay away from the residence, school, place of employment of the victim, and the premises of any of these, or any specified place frequented by the victim or any designated family member of the victim directly or through a third party; and |
| (iii) |
ordering any other relief that the court considers necessary to protect and provide for the safety of the victim and any designated family or household member of the victim. |
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| (b) |
Violation of a pretrial criminal no contact order issued pursuant to this section is a third degree felony. |
| (c) |
| (i) |
The court shall provide to the victim a certified copy of any pretrial criminal no contact order that has been issued if the victim can be located with reasonable effort. |
| (ii) |
The court shall also transmit the pretrial criminal no contact order to the statewide domestic violence network in accordance with Section 78B-7-113. |
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| (15) |
| (a) |
When a case involving a victim may resolve before trial with a plea deal, the prosecutor shall notify the victim of that possibility as soon as practicable. |
| (b) |
Upon the request of a victim described in Subsection (15)(a), the prosecutor shall explain the available details of an anticipated plea deal. |
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Amended by Chapter 426, 2023 General Session
