78A-5-309. Victim of domestic violence.
| (1) |
If a victim or alleged victim of a domestic violence offense that serves as the basis for the defendant‘s participation in a veterans treatment court can be reasonably located, the victim or alleged victim must be offered:
Terms Used In Utah Code 78A-5-309- Allegation: something that someone says happened.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Defendant: means a veteran charged with a criminal offense. See Utah Code 78A-5-302
- Domestic violence: means the same as that term is defined in Section 77-36-1. See Utah Code 78A-5-302
- Participant agreement: includes a modification under Section 78A-5-310. See Utah Code 78A-5-302
- State: includes a federally recognized Indian tribe. See Utah Code 78A-5-302
- Veterans treatment court: means a veterans treatment court program administered under this part by a court of this state. See Utah Code 78A-5-302
| (a) |
referrals to domestic violence service providers; and |
| (b) |
information on how to report an allegation of:
| (i) |
an offense committed by the defendant; or |
| (ii) |
a violation by the defendant of the participant agreement. |
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| (2) |
Except as expressly provided for in this part, the participation of the defendant in a veterans treatment court does not alter the rights of a victim or alleged victim of domestic violence under the law of this state. |
Enacted by Chapter 62, 2020 General Session
