Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 435 (2020GS)

Sponsor

Rep. King, Brian S.

Final action

Governor Signed 3/24/2020

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• creates and modifies definitions;
• modifies the circumstances under which an individual is ineligible to receive a reparations award from the Utah Office for Victims of Crime;
• clarifies provisions relating to the total amount the Utah Office for Victims of Crime may provide to a victim as a reparations award;
• modifies provisions relating to assignment of claims and reimbursements for criminally injurious conduct made to the Utah Office for Victims of Crime;
• prohibits a medical service provider from seeking collection from a victim before a reparations award is determined by the Utah Office for Victims of Crime;
• tolls the statute of limitations for an action by a medical service provider while the Utah Office for Victims of Crime determines issuance of a reparations award; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

CRIME VICTIM REPARATIONS AND ASSISTANCE BOARD
AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Brian S. King
Senate Sponsor: 
Derek L. Kitchen
LONG TITLE
General Description:
This bill modifies provisions relating to the Utah Office for Victims of Crime and the
Crime Victim Reparations and Assistance Board. 
Highlighted Provisions:
This bill:
▸ creates and modifies definitions;
▸ modifies the circumstances under which an individual is ineligible to receive a
reparations award from the Utah Office for Victims of Crime;
▸ clarifies provisions relating to the total amount the Utah Office for Victims of
Crime may provide to a victim as a reparations award;
▸ modifies provisions relating to assignment of claims and reimbursements for
criminally injurious conduct made to the Utah Office for Victims of Crime;
▸ prohibits a medical service provider from seeking collection from a victim before a
reparations award is determined by the Utah Office for Victims of Crime;
▸ tolls the statute of limitations for an action by a medical service provider while the
Utah Office for Victims of Crime determines issuance of a reparations award; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
63M-7-502
, as last amended by Laws of Utah 2019, Chapter 297
63M-7-503
, as last amended by Laws of Utah 2015, Chapter 147
63M-7-505
, as last amended by Laws of Utah 2011, Chapter 131
63M-7-506
, as last amended by Laws of Utah 2011, Chapter 131
63M-7-507
, as last amended by Laws of Utah 2011, Chapter 131
63M-7-508
, as last amended by Laws of Utah 2011, Chapter 131
63M-7-509
, as last amended by Laws of Utah 2008, Chapter 339 and renumbered and
amended by Laws of Utah 2008, Chapter 382
63M-7-510
, as last amended by Laws of Utah 2013, Chapter 118
63M-7-511
, as last amended by Laws of Utah 2011, Chapter 342
63M-7-511.5
, as enacted by Laws of Utah 2008, Chapter 339
63M-7-512
, as last amended by Laws of Utah 2008, Chapter 339 and renumbered and
amended by Laws of Utah 2008, Chapter 382
63M-7-513
, as renumbered and amended by Laws of Utah 2008, Chapter 382
63M-7-514
, as last amended by Laws of Utah 2011, Chapters 131 and 342
63M-7-515
, as last amended by Laws of Utah 2011, Chapter 131
63M-7-516
, as last amended by Laws of Utah 2011, Chapter 131
63M-7-517
, as renumbered and amended by Laws of Utah 2008, Chapter 382
63M-7-518
, as renumbered and amended by Laws of Utah 2008, Chapter 382
63M-7-519
, as last amended by Laws of Utah 2008, Chapter 339 and renumbered and
amended by Laws of Utah 2008, Chapter 382
63M-7-521
, as last amended by Laws of Utah 2008, Chapter 339 and renumbered and
amended by Laws of Utah 2008, Chapter 382
63M-7-521.5
, as enacted by Laws of Utah 2008, Chapter 339
63M-7-522
, as renumbered and amended by Laws of Utah 2008, Chapter 382
63M-7-523
, as renumbered and amended by Laws of Utah 2008, Chapter 382
63M-7-524
, as renumbered and amended by Laws of Utah 2008, Chapter 382
63M-7-525
, as last amended by Laws of Utah 2011, Chapter 131
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
63M-7-502
 is amended to read:
63M-7-502.
Definitions.
As used in this [
chapter
] 
part
:
(1) "Accomplice" means [
a person
] 
an individual
 who has engaged in criminal conduct
as [
defined
] 
described
 in Section 
76-2-202
.
(2) "Board" means the Crime Victim Reparations and Assistance Board created under
Section 
63M-7-504
.
(3) "Bodily injury" means physical pain, illness, or any impairment of physical
condition.
[
(4) "Claim" means:
]
[
(a) the victim's application or request for a reparations award; and
]
[
(b) the formal action taken by a victim to apply for reparations pursuant to this
chapter.
]
[
(5)
] 
(4)
 "Claimant" means any of the following claiming 
a
 reparations 
award
 under
this [
chapter
] 
part
:
(a) a victim;
(b) a dependent of a deceased victim; 
or
[
(c) a representative other than a collateral source; or (d) the person
]
(c) an individual
 or representative who files a 
reparations
 claim on behalf of a victim.
[
(6)
] 
(5)
 "Child" means an unemancipated [
person
] 
individual
 who is under 18 years of
age.
[
(7)
] 
(6)
 "Collateral source" means [
the definition as provided in Section 
63M-7-513
.
]
any source of benefits or advantages for economic loss otherwise reparable under this part
which the victim or claimant has received, or which 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.
[
(8) "Contested case" means a case which the claimant contests, claiming the award
was either inadequate or denied, or which a county attorney, a district attorney, a law
enforcement officer, or other individual related to the criminal investigation proffers reasonable
evidence of the claimant's lack of cooperation in the prosecution of a case after an award has
already been given.
]
[
(9)
] 
(7)
 (a) "Criminally injurious conduct" other than acts of war declared or not
declared means conduct that:
(i) is or would be subject to prosecution in this state under Section 
76-1-201
;
(ii) occurs or is attempted;
(iii) causes, or poses a substantial threat of causing, bodily injury or death;
(iv) is punishable by fine, imprisonment, or death if the [
person
] 
individual
 engaging in
the conduct possessed the capacity to commit the conduct; and
(v) does not arise out of the ownership, maintenance, or use of a motor vehicle,
aircraft, or water craft, unless the conduct is intended to cause bodily injury or death, or is
conduct which is or would be punishable under Title 76, Chapter 5, Offenses Against the
Person, or as any offense chargeable as driving under the influence of alcohol or drugs.
(b) "Criminally injurious conduct" includes an act of terrorism, as defined in 18 U.S.C.
Sec. 2331 committed outside of the United States against a resident of this state. "Terrorism"
does not include an "act of war" as defined in 18 U.S.C. Sec. 2331.
(c) "Criminally injurious conduct" includes a felony violation of Section 
76-7-101
 and
other conduct leading to the psychological injury of [
a person
] 
an individual
 resulting from
living in a setting that involves a bigamous relationship.
[
(10)
] 
(8)
 "Dependent" means a natural person to whom the victim is wholly or
partially legally responsible for care or support and includes a child of the victim born after the
victim's death.
[
(11)
] 
(9)
 "Dependent's economic loss" means loss after the victim's death of
contributions of things of economic value to the victim's dependent, not including services the
dependent would have received from the victim if the victim had not suffered the fatal injury,
less expenses of the dependent avoided by reason of victim's death.
[
(12)
] 
(10)
 "Dependent's replacement services loss" means loss reasonably and
necessarily incurred by the dependent after the victim's death in obtaining services in lieu of
those the decedent would have performed for the victim's benefit if the victim had not suffered
the fatal injury, less expenses of the dependent avoided by reason of the victim's death and not
subtracted in calculating the dependent's economic loss.
[
(13)
] 
(11)
 "Director" means the director of the [
Utah Office for Victims of Crime
]
office
.
[
(14)
] 
(12)
 "Disposition" means the sentencing or determination of penalty or
punishment to be imposed upon [
a person
] 
an individual
:
(a) convicted of a crime;
(b) found delinquent; or
(c) against whom a finding of sufficient facts for conviction or finding of delinquency
is made.
[
(15)
] 
(13) (a)
 "Economic loss" means economic detriment consisting only of
allowable expense, work loss, replacement services loss, and if injury causes death, dependent's
economic loss and dependent's replacement service loss. [
Noneconomic detriment is not loss,
but
]
(b) "Economic loss" includes
 economic detriment [
is loss although
] 
even if
 caused by
pain and suffering or physical impairment.
(c) "Economic loss" does not include noneconomic detriment.
[
(16)
] 
(14)
 "Elderly victim" means [
a person
] 
an individual
years of age or older
who is a victim.
[
(17)
] 
(15)
 "Fraudulent claim" means a [
filed
] 
reparations
 claim based on material
misrepresentation of fact and intended to deceive the reparations staff for the purpose of
obtaining reparation funds for which the claimant is not eligible [
as provided in Section
63M-7-510
].
[
(18)
] 
(16)
 "Fund" means the Crime Victim Reparations Fund created in Section
51-9-404
.
[
(19)
] 
(17)
 "Law enforcement officer" means a law enforcement officer as defined in
Section 
53-13-103
.
[
(20)
] 
(18)
 "Medical examination" means a physical examination necessary to
document criminally injurious conduct but does not include mental health evaluations for the
prosecution and investigation of a crime.
[
(21)
] 
(19)
 "Mental health counseling" means outpatient and inpatient counseling
necessitated as a result of criminally injurious conduct[
. The definition of mental health
counseling is
]
,
 subject to rules [
promulgated
] 
made
 by the board [
pursuant to
] 
in accordance
with
 Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
[
(22)
] 
(20)
 "Misconduct" as provided in Subsection 
63M-7-512
(1)(b) means conduct
by the victim which was attributable to the injury or death of the victim as provided by rules
[
promulgated
] 
made
 by the board [
pursuant to
] 
in accordance with
 Title 63G, Chapter 3, Utah
Administrative Rulemaking Act.
[
(23)
] 
(21)
 "Noneconomic detriment" means pain, suffering, inconvenience, physical
impairment, and other nonpecuniary damage, except as provided in this [
chapter
] 
part
.
[
(24)
] 
(22)
 "Pecuniary loss" does not include loss attributable to pain and suffering
except as otherwise provided in this [
chapter
] 
part
.
[
(25)
] 
(23)
 "Offender" means [
a person
] 
an individual
 who has violated the [
criminal
code
] 
Utah Criminal Code
 through criminally injurious conduct regardless of whether the
[
person
] 
individual
 is arrested, prosecuted, or convicted.
[
(26)
] 
(24)
 "Offense" means a violation of the [
criminal code.
] 
Utah Criminal Code.
(25) "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.
[
(27)
] 
(26)
 "Perpetrator" means the [
person
] 
individual
 who actually participated in the
criminally injurious conduct.
(27) "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.
(28) "Reparations claim" means a claimant's request or application made to the office
for a reparations award.
[
(28)
] 
(29)
 "Reparations officer" means [
a person
] 
an individual
 employed by the office
to investigate claims of victims and award reparations under this [
chapter
] 
part
, and includes
the director when the director is acting as a reparations officer.
[
(29)
] 
(30)
 "Replacement service loss" means expenses reasonably and necessarily
incurred in obtaining ordinary and necessary services in lieu of those the injured [
person
]
individual
 would have performed, not for income but the benefit of the injured [
person
]
individual
 or the injured [
person's
] 
individual's
 dependents if the injured [
person
] 
individual
had not been injured.
[
(30)
] 
(31)
 "Representative" means the victim, immediate family member, legal
guardian, attorney, conservator, executor, or an heir of [
a person
] 
an individual
 but does not
include 
a
 service [
providers
] 
provider or collateral source
.
[
(31)
] 
(32)
 "Restitution" means money or services an appropriate authority orders an
offender to pay or render to a victim of the offender's conduct.
[
(32)
] 
(33)
 "Secondary victim" means [
a person
] 
an individual
 who is traumatically
affected by the criminally injurious conduct subject to rules [
promulgated
] 
made
 by the board
[
pursuant to
] 
in accordance with
 Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
[
(33)
] 
(34)
 "Service provider" means [
a person
] 
an individual
 or agency who provides a
service to crime victims for a monetary fee except attorneys as provided in Section 
63M-7-524
.
(35) "Serious bodily injury" means the same as that term is defined in Section
76-1-601
.
(36) "Substantial bodily injury" means the same as that term is defined in Section
76-1-601
.
[
(34) "Utah Office for Victims of Crime" or "office" means the director, the reparations
and assistance officers, and any other staff employed for the purpose of carrying out the
provisions of this chapter.
]
[
(35)
] 
(37)
 (a) "Victim" means [
a person
] 
an individual
 who suffers bodily or
psychological injury or death as a direct result of criminally injurious conduct or of the
production of pornography in violation of Section 
76-5b-201
 if the [
person
] 
individual
 is a
minor.
(b) "Victim" does not include [
a person
] 
an individual
 who participated in or observed
the judicial proceedings against an offender unless otherwise provided by statute or rule 
made
in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act
.
(c) "Victim" includes a resident of this state who is injured or killed by an act of
terrorism, as defined in 18 U.S.C. Sec. 2331, committed outside of the United States.
[
(36)
] 
(38)
 "Work loss" means loss of income from work the injured victim would
have performed if the injured victim had not been injured and expenses reasonably incurred by
the injured victim in obtaining services in lieu of those the injured victim would have
performed for income, reduced by any income from substitute work the injured victim was
capable of performing but unreasonably failed to undertake.
Section 2. Section 
63M-7-503
 is amended to read:
63M-7-503.
Restitution -- Reparations not to supplant restitution -- Assignment
of claim for restitution judgment to Reparations Office.
(1) A reparations award may not supplant restitution as established under Title 77,
Chapter 38a, Crime Victims Restitution Act, or as established by any other provisions.
(2) The court may not reduce an order of restitution based on a reparations award.
(3) 
(a) (i)
 If, due to reparation payments to a victim, the [
Utah Office for Victims of
Crime
] 
office
 is assigned under Section 
63M-7-519
 a claim for the victim's judgment for
restitution or a portion of the restitution, the office may file with the sentencing court a notice
of restitution listing the amounts or estimated future amounts of payments made or anticipated
to be made to or on behalf of the victim.
(ii)
 The [
Utah Office for Victims of Crime
] 
office
 may provide a restitution notice to
the victim or victim's representative [
prior to
] 
before
 or at sentencing. [
The amount of
restitution sought by the office may be updated at any time, subject to the right of the defendant
to object. Failure to provide the notice may
]
(iii) The office's failure to provide notice under Subsection (3)(a) does
 not invalidate
the imposition of the judgment or order of restitution [
provided
] 
if
 the defendant is given the
opportunity to object and be heard as provided in this [
chapter
] 
part
.
(b) (i)
 Any objection by the defendant to the imposition or amount of restitution shall
be made at the time of sentencing or in writing within 20 days [
of the receipt of notice
] 
after
the day on which the defendant receives the notice described in Subsection (3)(a)
, to be filed
with the court and a copy mailed to the [
Utah Office for Victims of Crime
] 
office
.
(ii)
 Upon the filing of the objection, the court shall allow the defendant a full hearing
on the issue [
as provided by
] 
in accordance with
 Subsection 
77-38a-302
(4).
(iii) The amount of restitution sought by the office may be updated at any time, subject
to the right of the defendant to object.
(4) If no objection is made or filed by the defendant 
under Subsection (3)
, then upon
conviction and sentencing, the court shall enter a judgment for complete restitution [
pursuant to
the provisions of
] 
under
 Subsections 
76-3-201
(4)(c) and (d) and identify the office as the
assignee of the assigned portion of the judgment and order of restitution.
(5) If the notice of restitution is filed after sentencing but during the term of probation
or parole, the court or Board of Pardons shall modify any existing civil judgment and order of
restitution to include expenses paid by the office on behalf of the victim and identify the office
as the assignee of the assigned portion of the judgment and order of restitution. If no judgment
or order of restitution has been entered, the court shall enter a judgment for complete restitution
and court-ordered restitution [
pursuant to the provisions of
] 
under
 Sections 
77-38a-302
 and
77-38a-401
.
Section 3. Section 
63M-7-505
 is amended to read:
63M-7-505.
Board and office within Commission on Criminal and Juvenile
Justice.
(1) The [
Crime Victim Reparations and Assistance Board
] 
board
 and the [
Utah Office
for Victims of Crime
] 
office
 are placed within the Commission on Criminal and Juvenile
Justice for the provision by the commission of administrative and support services.
(2) The board or the director may request assistance from the Commission on Criminal
and Juvenile Justice, the Department of Public Safety, and other state agencies in conducting
research or monitoring victims' programs.
Section 4. Section 
63M-7-506
 is amended to read:
63M-7-506.
Functions of board.
(1) The [
Crime Victim Reparations and Assistance Board
] 
board
 shall:
(a) adopt a description of the [
organization
] 
office
 and prescribe the general operation
of the board;
(b) prescribe policy for the [
Utah Office for Victims of Crime
] 
office
;
(c) adopt rules to implement and administer this [
chapter pursuant to
] 
part in
accordance with
 Title 63G, Chapter 3, Utah Administrative Rulemaking Act, which may
include setting of ceilings on reparations, defining of terms not specifically stated in this
[
chapter
] 
part
, and establishing of rules governing attorney fees;
(d) prescribe forms for applications for reparations;
(e) review all 
reparations
 awards made by the reparations staff, although the board may
not reverse or modify 
reparations
 awards authorized by the reparations staff;
(f) render an annual report to the governor and the Legislature regarding the staff's and
the board's activities;
(g) cooperate with the director and the director's staff in formulating standards for the
uniform application of Section 
63M-7-509
, taking into consideration the rates and amounts of
reparation payable for injuries and death under other laws of this state and the United States;
(h) allocate money available in the [
Crime Victim Reparations Fund
] 
fund
 to victims of
criminally injurious conduct for reparations claims;
(i) allocate money available to other victim services as provided by administrative rule
made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
 once a
sufficient reserve has been established for reparation claims; and
(j) approve the allocation and disbursement of funds made available to the office by the
United States, the state, foundations, corporations, or other entities or individuals to
subgrantees from private, non-profit, and governmental entities operating qualified statewide
assistance programs.
(2) All rules, or other statements of policy, along with application forms specified by
the board, are binding upon the director, the reparations officers, assistance officers, and other
staff.
Section 5. Section 
63M-7-507
 is amended to read:
63M-7-507.
Director -- Appointment and functions.
(1)
 The executive director of the Commission on Criminal and Juvenile Justice, after
consulting with the board, shall appoint a director to carry out the provisions of this [
chapter
]
part
.
(2)
 The director shall
:
(a)
 be an experienced administrator with a background in at least one of the following
fields:
(i)
 social work[
,
]
;
(ii)
 psychology[
,
]
;
(iii)
 criminal justice[
,
]
;
 (iv) 
 law[
, or a related field.
 The director shall
]
; or
(v) another field related to the fields described in Subsections (2)(a)(i) through (iv);
(b)
 demonstrate an understanding of the needs of crime victims and of services to
victims[
. The director shall
]
; and
(c)
 devote the director's time and capacity to the director's duties. [
The
]
(3) In addition to the requirements under Subsection (2), the
 director shall:
[
(1)
] 
(a)
 hire staff, including reparations and assistance officers, as necessary;
[
(2)
] 
(b)
 act when necessary as a reparations officer in deciding 
an
 initial [
claims
]
reparations claim
;
[
(3)
] 
(c)
 possess the same investigation and decision-making authority as the
reparations officers;
[
(4)
] 
(d)
 hear appeals from the decisions of the reparations officers, unless the director
acted as a reparations officer on the initial 
reparations
 claim;
[
(5)
] 
(e)
 serve as a liaison between the [
Utah Office for Victims of Crime
] 
office
 and
the board;
[
(6)
] 
(f)
 serve as the public relations representative of the office;
[
(7)
] 
(g)
 provide for payment of all administrative salaries, fees, and expenses incurred
by the staff of the board, to be paid out of appropriations from the fund;
[
(8)
] 
(h)
 cooperate with the state treasurer and the state Division of Finance in causing
the funds in the [
trust
] fund to be invested and [
its
] 
the fund's
 investments sold or exchanged
and the proceeds and income collected;
[
(9)
] 
(i)
 apply for, receive, allocate, disburse, and account for, subject to approval and
in conformance with policies adopted by the board, all grant funds made available by the
United States, the state, foundations, corporations, and other businesses, agencies, or
individuals;
[
(10)
] 
(j)
 obtain and utilize the services of other governmental agencies upon request;
and
[
(11)
] 
(k)
 act in any other capacity or perform any other acts necessary for the office or
board to successfully fulfill [
its
] 
the office's or board's
 statutory duties and objectives.
Section 6. Section 
63M-7-508
 is amended to read:
63M-7-508.
Reparations officers.
The reparations officers shall in addition to any assignments made by the director [
of
the Utah Office for Victims of Crime
]:
(1) hear and determine all matters relating to [
claims for
] 
a
 reparations 
claim
 and
reinvestigate or reopen [
claims
] 
a reparations claim
 without regard to statutes of limitation or
periods of prescription;
(2) obtain from prosecuting attorneys, law enforcement officers, and other criminal
justice agencies, investigations and data to enable the reparations officer to determine whether
and to what extent a claimant qualifies for reparations;
(3) as determined necessary by the reparations officers, hold hearings, administer oaths
or affirmations, examine any [
person
] 
individual
 under oath or affirmation, issue subpoenas
requiring the attendance and giving of testimony of witnesses, require the production of any
books, papers, documents, or other evidence which may contribute to the reparations officer's
ability to determine particular reparation awards;
(4) determine who is a victim or dependent;
(5) award reparations or other benefits determined to be due under this [
chapter
] 
part
and the rules of the board 
made in accordance with Title 63G, Chapter 3, Utah Administrative
Rulemaking Act
;
(6) take notice of judicially recognized facts and general, technical, and scientific facts
within [
their
] 
the reparations officers'
 specialized knowledge;
(7) advise and assist the board in developing policies recognizing the rights, needs, and
interests of crime victims;
(8) render periodic reports as requested by the board concerning:
(a) the 
reparations
 officers' activities; and
(b) the manner in which the rights, needs, and interests of crime victims are being
addressed by the state's criminal justice system;
(9) establish priorities for assisting elderly victims of crime or those victims facing
extraordinary hardships;
(10) cooperate with the 
State
 Commission on Criminal and Juvenile Justice to develop
information regarding crime victims' problems and programs; and
(11) assist the director in publicizing the provisions of the [
Utah Office for Victims of
Crime
] 
office
, including the procedures for obtaining reparation, and in encouraging law
enforcement agencies, health providers, and other related officials to take reasonable care to
ensure that victims are informed about the provisions of this [
chapter
] 
part
 and the procedure
for applying for reparation.
Section 7. Section 
63M-7-509
 is amended to read:
63M-7-509.
Grounds for eligibility.
[
In order to be
] 
(1) A victim is
 eligible for a reparations award under this [
chapter
] 
part
if
:
[
(1) The claimant shall be:
]
(a) the claimant is:
[
(a)
] 
(i)
 a victim of criminally injurious conduct;
[
(b)
] 
(ii)
 a dependent of a deceased victim of criminally injurious conduct; or
[
(c)
] 
(iii)
 a representative acting on behalf of one of the above[
.
]
;
[
(2) (a) The
] 
(b) (i) the
 criminally injurious conduct [
shall have
] occurred in Utah[
,
except as provided in Subsection (2)(b). (b) If
]
; or
(ii) the victim is
 a Utah resident 
who
 suffers injury or death as a result of criminally
injurious conduct inflicted in a state, territory, or country [
which
] 
that
 does not provide a crime
victims' compensation program[
, that person shall receive the same consideration under this
chapter as if the criminally injurious conduct occurred in this state.(3) The application shall
be
]
;
(c) the application is
 made in writing in a form that conforms substantially to that
prescribed by the board[
. (4) The
]
;
(d) the
 criminally injurious conduct [
shall be
] 
is
 reported to a law enforcement officer,
in the law enforcement officer's capacity as a law enforcement officer, or [
other
] 
another
federal or state investigative [
agencies. (5) (a) The claimant or victim shall cooperate
] 
agency;
(e) the claimant or victim cooperates
 with the appropriate law enforcement agencies
and prosecuting attorneys in [
their
] efforts to apprehend or convict the perpetrator of the
alleged offense[
.
]
; and
[
(b) An award to a victim may be made whether any person is arrested, prosecuted, or
convicted of the criminally injurious conduct giving rise to the claim. (6) The
]
(f) the
 criminally injurious conduct [
shall have
] occurred after December 31, 1986.
(2) A reparations award may be made to a victim regardless of whether any individual
is arrested, prosecuted, or convicted of the criminally injurious conduct giving rise to a
reparations claim.
Section 8. Section 
63M-7-510
 is amended to read:
63M-7-510.
Ineligible individuals -- Fraudulent reparations claims -- Penalties.
(1) The following individuals are not eligible to receive [
an award of
] 
a
 reparations
award
:
(a) [
persons who do
] 
an individual who does
 not meet all of the provisions set forth in
Section 
63M-7-509
;
(b) the offender;
(c) an accomplice of the offender;
(d) [
any person
] 
an individual
 whose receipt of [
an
] 
a reparations
 award would unjustly
benefit the offender, accomplice, or [
other person
] 
another individual
 reasonably suspected of
participating in the offense;
(e) the victim of a motor vehicle injury who was the owner or operator of the motor
vehicle and was not at the time of the injury in compliance with the state motor vehicle
insurance laws;
(f) [
any
] 
a
 convicted offender serving a sentence of imprisonment in any prison or jail
or residing in any other correctional facility;
(g) [
all persons who are
] 
an individual who is
 on probation or parole if the
circumstances surrounding the offense of which [
they are victims constitute
] 
the individual is a
victim is
 a violation of [
their parole or probation
] 
the individual's probation or parole
; [
and
]
(h) [
any person
] 
an individual
 whose injuries are the result of criminally injurious
conduct that occurred in a prison, jail, or [
any other
] 
another
 correctional facility while the
[
person
] 
individual
 was incarcerated[
.
]
; and
(i) an individual who:
(i) submits a fraudulent claim; or
(ii) misrepresents a material fact in requesting a reparations award.
[
(2) A person who knowingly submits a fraudulent claim for reparations or who
knowingly misrepresents material facts in making a claim, and who receives an award based on
that claim, is guilty of an offense, based on the following award amounts:
]
[
(a) for value under $500, a class B misdemeanor;
]
[
(b) for value equal to or greater than $500, but less than $1,500, a class A
misdemeanor;
]
[
(c) for value equal to or greater than $1,500, but less than $5,000, a third degree
felony; and
]
[
(d) for value equal to or greater than $5,000, a second degree felony.
]
[
(3) A person who submits a claim described in Subsection (2) but receives no award
based on that claim is guilty of a class B misdemeanor.
]
(2) (a) An individual may not knowingly:
(i) submit a fraudulent claim; or
(ii) misrepresent a material fact in requesting a reparations award.
(b) A violation of Subsection (2)(a) is:
(i) a class B misdemeanor if:
(A) the individual who violates Subsection (2)(a) does not receive a reparations award;
or
(B) the value of the reparations award received is less than $500;
(ii) a class A misdemeanor if the value of the reparations award received is or exceeds
$500 but is less than $1,500;
(iii) a third degree felony if the value of the reparations award received is or exceeds
$1,500 but is less than $5,000; and
(iv) a second degree felony if the value of the reparations award received is or exceeds
$5,000.
[
(4)
] 
(3)
 The state attorney general may prosecute violations under this section or may
make arrangements with county [
attorneys
] 
or city attorneys
 for the prosecution of violations
under this section when the attorney general cannot conveniently prosecute.
[
(5) The state may also bring a civil action against a claimant who receives reparation
payments that are later found to be unjustified and who does not return to the Crime Victim
Reparations Fund the unjustified amount.
]
(4) (a) A claimant who is not eligible to receive a reparations award under Subsection
(1) but receives a reparations award shall reimburse the fund for the amount of the reparations
award.
(b) The office may bring a civil action against a victim who does not reimburse the
fund for the amount of the reparations award in accordance with Subsection (4)(a).
Section 9. Section 
63M-7-511
 is amended to read:
63M-7-511.
Compensable losses and amounts.
A reparations award under this [
chapter
] 
part
 may be made if:
(1) the reparations officer finds the 
reparations
 claim satisfies the requirements for the
reparations
 award under the provisions of this [
chapter
] 
part
 and the rules of the board;
(2) money is available in the fund;
(3) the [
person
] 
individual
 for whom the [
award of
] reparations 
award
 is to be paid is
otherwise eligible under this part; and
(4) the 
reparations
 claim is for an allowable expense incurred by the victim, as follows:
(a) reasonable and necessary charges incurred for products, services, and
accommodations;
(b) inpatient and outpatient medical treatment and physical therapy, subject to rules
[
promulgated
] 
made
 by the board [
pursuant to
] 
in accordance with
 Title 63G, Chapter 3, Utah
Administrative Rulemaking Act;
(c) mental health counseling [
which
] 
that
:
(i) is set forth in a mental health treatment plan [
which has been approved prior to
] 
that
is approved before
 any payment 
is made
 by a reparations officer; and
(ii) qualifies within any further rules [
promulgated
] 
made
 by the board [
pursuant to
] 
in
accordance with
 Title 63G, Chapter 3, Utah Administrative Rulemaking Act;
(d) actual loss of past earnings and anticipated loss of future earnings because of a
death or disability resulting from the personal injury at a rate not to exceed 66-2/3% of the
[
person's
] 
individual's
 weekly gross salary or wages or the maximum amount allowed under the
state workers' compensation statute;
(e) care of minor children enabling a victim or spouse of a victim, but not both [
of
them
], to continue gainful employment at a rate per child per week as determined under rules
established by the board 
in accordance with Title 63G, Chapter 3, Utah Administrative
Rulemaking Act
;
(f) funeral and burial expenses for death caused by the criminally injurious conduct,
subject to rules [
promulgated
] 
made
 by the board [
pursuant to
] 
in accordance with
 Title 63G,
Chapter 3, Utah Administrative Rulemaking Act;
(g) loss of support to [
the
] 
a
 dependent [
or dependents
] not otherwise compensated for
a pecuniary loss for personal injury, for as long as the dependence would have existed had the
victim survived, at a rate not to exceed 66-2/3% of the [
person's
] 
individual's
 weekly salary or
wages or the maximum amount allowed under the state workers' compensation statute,
whichever is less;
(h) personal property necessary and essential to the health or safety of the victim as
defined by rules [
promulgated
] 
made
 by the board [
pursuant to
] 
in accordance with
 Title 63G,
Chapter 3, Utah Administrative Rulemaking Act; and
(i) medical examinations [
as defined in Section 
63M-7-502
], subject to rules
[
promulgated
] 
made
 by the board [
pursuant to
] 
in accordance with
 Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, which may allow for exemptions from Sections 
63M-7-509
,
63M-7-512
, and 
63M-7-513
.
Section 10. Section 
63M-7-511.5
 is amended to read:
63M-7-511.5.
Limitation of reparations awards.
(1) (a) Except as provided in Subsection (1)(b), [
an award of
] 
a
 reparations 
award
 may
not exceed $25,000 [
in the aggregate
].
[
(b) (i) In claims involving homicide, attempted homicide, aggravated assault, or DUI
offenses, an award of reparations may not exceed $50,000 in the aggregate.
]
[
(ii) Reparations for nonmedical expenses incurred as a result of the homicide,
attempted homicide, aggravated assault, or DUI may not exceed $25,000.
]
[
(2) (a) Awards of reparations to secondary victims shall be paid from the victims'
maximum award amount provided in Subsection (1).
]
[
(b) When it appears that allowable expenses for the victim and secondary victims will
exceed the maximum award amount provided in Subsection (1), the expenses of the victim
shall be paid first unless otherwise requested by the claimant.
]
(b) Notwithstanding Subsection (1)(a), a reparations award for medical expenses
resulting from serious bodily injury or substantial bodily injury may not exceed $50,000.
(2) (a) A reparations award under Subsection (1) includes any reparations award for a
secondary victim.
(b) Unless otherwise requested by the claimant, the office shall pay a reparations award
for the victim before a reparations award for a secondary victim.
(c) [
Priority
] 
The reparations officer shall determine the priority
 of payment among
multiple secondary victims on a single 
reparations
 claim [
shall be determined by the
reparations officer
].
Section 11. Section 
63M-7-512
 is amended to read:
63M-7-512.
Reparations reduction.
(1) Reparations otherwise payable to a claimant may be reduced or denied as follows:
(a) the economic loss upon which the claim is based has been or could be recouped
from other persons, including collateral sources;
(b) the reparations officer considers the 
reparations
 claim unreasonable because of the
misconduct of the claimant [
or of a victim through whom the claimant claims
]; or
(c) the victim did not use a facility or health care provider which would be covered by
a collateral source.
(2) When two or more dependents are entitled to [
an
] 
a reparations
 award as a result of
a victim's death, the [
award shall be apportioned by the
] reparations officer 
shall apportion the
reparations award
 among the dependents.
Section 12. Section 
63M-7-513
 is amended to read:
63M-7-513.
Collateral sources.
[
(1) Collateral source shall include any source of benefits or advantages for economic
loss otherwise reparable under this chapter which the victim or claimant has received, or which
is readily available to the victim from:
]
[
(a) the offender;
]
[
(b) the insurance of the offender;
]
[
(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. (2)
]
(1)
 (a) An order of restitution [
shall
] 
may
 not be considered readily available as a
collateral source.
(b) Receipt of [
an award of
] 
a
 reparations 
award
 under this [
chapter shall be
] 
part is
considered an assignment of the victim's rights to restitution from the offender.
[
(3)
] 
(2)
 The victim [
shall
] 
may
 not discharge a claim against [
a person
] 
an individual
or entity without the [
state's
] 
office's
 written permission and shall fully cooperate with the
[
state
] 
office
 in pursuing [
its
] 
the office's
 right of reimbursement, including providing the
[
state
] 
office
 with any evidence in the victim's possession.
[
(4)
] 
(3)
 The [
state's
] 
office's
 right of reimbursement applies regardless of whether the
victim [
has been
] 
is
 fully compensated for the victim's losses.
[
(5)
] 
(4)
 Notwithstanding [
the collateral source provisions in Subsection (1) and
]
Subsection 
63M-7-512
(1)(a), a victim of a sexual offense who requests testing of [
himself
] 
the
victim's self
 may be reimbursed for the costs of the HIV test only as provided in Subsection
76-5-503
(4).
Section 13. Section 
63M-7-514
 is amended to read:
63M-7-514.
Notification of claimant -- Suspension of proceedings.
(1) 
(a)
 The [
Utah Office for Victims of Crime
] 
office
 shall immediately notify the
claimant in writing of [
any
] 
a reparations
 award and shall forward to the Division of Finance a
certified copy of the 
reparations
 award and a warrant request for the amount of the 
reparations
award.
(b)
 The Division of Finance shall pay the claimant the amount submitted to the
division, out of the fund.
(c)
 If money in the fund is temporarily depleted, 
the office shall place
 claimants
approved to receive [
awards shall be placed
] 
a reparations award
 on a waiting list and [
shall
receive their awards
] 
provide the reparations awards
 as funds are available in the order in
which [
their awards were
] 
the reparations awards are
 approved.
(2) The reparations officer may suspend the proceedings pending disposition of a
criminal prosecution that [
has been
] 
is
 commenced or is imminent.
Section 14. Section 
63M-7-515
 is amended to read:
63M-7-515.
Rules for contested reparations claims -- Exemption from
Administrative Procedures Act.
(1) Rules for procedures for contested determinations by a reparations officer shall be
adopted [
pursuant to
] 
in accordance with
 Title 63G, Chapter 3, Utah Administrative
Rulemaking Act.
(2) The [
Utah Office for Victims of Crime
] 
office
 is exempt from Title 63G, Chapter 4,
Administrative Procedures Act.
Section 15. Section 
63M-7-516
 is amended to read:
63M-7-516.
Waiver of privilege.
(1) 
(a)
 A victim [
filing a claim under the provisions of this chapter shall be considered
to have waived
] 
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 [
shall apply
] 
described in Subsection (1)(a) applies
 only to reparations
officers, the director, the board, and legal counsel.
(2) [
The
] 
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.
Section 16. Section 
63M-7-517
 is amended to read:
63M-7-517.
Additional testing.
(1) If the mental, physical, or emotional condition of a victim is material to a
reparations
 claim, the reparations officer, director, or chair of the board who hears the
reparations
 claim or the appeal may order the claimant to submit to a mental or physical
examination by a physician or psychologist and may recommend to the court to order an
autopsy of a deceased victim.
(2) [
Any order for
] 
The court may order an
 additional examination [
shall be
] for good
cause shown and shall provide notice to the [
person
] 
individual
 to be examined and the
[
person's
] 
individual's
 representative.
(3) All reports from additional examinations shall set out findings, including results of
all tests made, diagnoses, prognoses, other conclusions, and reports of earlier examinations of
the same conditions.
(4) A copy of the report shall be made available to the victim or the representative of
the victim unless dissemination of that copy is prohibited by law.
Section 17. Section 
63M-7-518
 is amended to read:
63M-7-518.
Failure to comply.
If [
a person
] 
an individual
 refuses to comply with an order under this [
chapter
] 
part
 or
asserts a privilege, except privileges arising from the attorney-client relationship, to withhold
or suppress evidence relevant to a 
reparations
 claim, the director or reparations officer may
make any appropriate determination including denial of the 
reparations
 claim.
Section 18. Section 
63M-7-519
 is amended to read:
63M-7-519.
Assignment of recovery -- Reimbursement.
(1) 
(a)
 By accepting [
an
] 
a reparations
 award [
of reparations
], the victim
:
(i)
 automatically assigns to the [
state, subject to the provisions of Subsection (2), all
claims against any third party to the lesser of:
] 
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:
[
(a)
] 
(i)
 the amount paid by the [
state
] 
office
; or
[
(b)
] 
(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 [
state's
] 
office's
right of reimbursement if [
it is determined
] 
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 [
state's
] 
office's
 right of
reimbursement exceeds the benefit to the [
state
] 
office
 of receiving full reimbursement.
(3) The [
state
] 
office
 reserves the right to make a claim for reimbursement on behalf of
the victim and the victim may not impair the [
state's
] 
office's
 claim or the [
state's
] 
office's
 right
of reimbursement.
Section 19. Section 
63M-7-521
 is amended to read:
63M-7-521.
Reparations award -- Payment methods -- Claims against the award.
[
(1) The
] 
(1) (a) Except as provided in Subsection (1)(b), a
 reparations officer may
provide for the payment of [
an
] 
a reparations
 award in a lump sum or in installments. [
The
]
(b) (i) The reparations officer shall pay the
 part of [
an
] 
a reparations
 award equal to the
amount of economic loss accrued to the date of the 
reparations
 award [
shall be paid
] in a lump
sum. [
An award of
]
(ii) A reparations officer may not pay
 allowable expense that would accrue after an
initial 
reparations
 award is made [
may not be paid
] in a lump sum.
(iii)
 Except as provided in Subsection (2), 
a reparations officer shall award
 the part of
[
an
] 
a reparations
 award that may not be paid in a lump sum [
shall be paid
] 
under this
Subsection (1)(b)
 in installments.
(2) At the request of the claimant, the reparations officer may convert future economic
loss installment payments, other than allowable expense, to a lump sum payment, discounted to
present value, but only upon a finding by the 
reparations
 officer that the 
reparations
 award in a
lump sum will promote the interests of the claimant.
[
(3) An
] 
(3) (a) A reparations
 award for future economic loss payable in installments
may be made only for a period for which the reparations officer can reasonably determine
future economic loss.
(b)
 The reparations officer may reconsider and modify [
an
] 
a reparations
 award for
future economic loss payable in installments, upon the reparations officer's finding that a
material and substantial change of circumstances has occurred.
(4) [
An
] 
A reparations
 award is not subject to execution, attachment, or garnishment,
except that [
an
] 
a reparations
 award for allowable expense is not exempt from a claim of a
creditor to the extent that the creditor provided products, services, or accommodations, the
costs of which are included in the 
reparations
 award.
(5) An assignment or agreement to assign [
an
] 
a reparations
 award [
of reparations
] for
loss accruing in the future is unenforceable, except:
(a) an assignment of [
an
] 
a reparations
 award of reparations for work loss to secure
payment of alimony, maintenance, or child support;
(b) an assignment of [
an
] 
a reparations
 award [
of reparations
] for allowable expense to
the extent that the benefits are for the cost of products, services, or accommodations
necessitated by the injury or death on which the 
reparations
 claim is based and are provided or
to be provided by the assignee; or
(c) an assignment to repay a loan obtained to pay for the obligations or expenses
described in Subsection (5)(a) or (b).
Section 20. Section 
63M-7-521.5
 is amended to read:
63M-7-521.5.
Payments to medical service providers.
(1) 
(a)
 Except as provided in Subsection (2), a medical service provider who accepts
payment from the office shall agree to accept payments as payment in full on behalf of the
victim or claimant[
. The medical service provider
] 
and
 may not attempt to collect further
payment from the victim or the claimant for services for which the office has made payment.
[
(2)
] 
(b)
 In the event the office is unable to make full payment in accordance with [
its
]
the office's
 rules, the medical service provider may collect from the victim or claimant, but not
more than the amount the provider would have received from the office.
(2) (a) When a medical service provider receives notice that a reparations claim has
been filed, the medical service provider may not, before the office determines whether to issue
a reparations award, engage in debt collection for the claim, including:
(i) repeatedly calling or writing to a victim and threatening to refer unpaid health care
costs to a debt collection agency, attorney, or other person for collection; or
(ii) filing for or pursuing a legal remedy for payment of unpaid health care costs.
(b) The statute of limitations for collecting a debt is tolled during the time in which a
request for a reparations award is being reviewed by the office.
(3) The office may:
(a) use the fee schedule utilized by the Utah Public Employees Health Plan or any other
fee schedule adopted by the board; and
(b) make rules 
in accordance with Title 63G, Chapter 3, Utah Administrative
Rulemaking Act,
 necessary to implement the fee schedule adopted in accordance with this
section.
Section 21. Section 
63M-7-522
 is amended to read:
63M-7-522.
Emergency reparations award.
(1)
 If the reparations officer determines that the claimant will suffer financial hardship
unless an emergency 
reparations
 award is made, and it appears likely that a final 
reparations
award will be made, an amount may be paid to the claimant, to be deducted from the final
reparations
 award or repaid by and recoverable from the claimant to the extent that it exceeds
the final 
reparations
 award.
(2)
 The board may limit emergency 
reparations
 awards 
under Subsection (1)
 to any
amount [
it
] 
the board
 considers necessary.
Section 22. Section 
63M-7-523
 is amended to read:
63M-7-523.
Review of reparations award decision.
(1)
 The reparations officer shall review at least annually every 
reparations
 award being
paid in installments.
(2)
 An order on review of [
an
] 
a reparations
 award does not require refund of amounts
previously paid unless the 
reparations
 award was obtained by fraud or a material mistake of
fact.
Section 23. Section 
63M-7-524
 is amended to read:
63M-7-524.
Attorney fees.
(1) The claims procedures shall be sufficiently simple that the assistance of an attorney
is unnecessary, and no attorney fees [
shall
] 
may
 be paid for the assistance of an attorney or any
other representative in filing the 
reparations
 claim or providing information to the reparations
officer.
(2) Attorney fees may be granted in the following circumstances and shall be paid out
of the reparations award not to exceed 15% of the amount of the reparations award:
(a) when [
an
] 
a reparations
 award [
has been
] 
is
 denied and, after a hearing, the decision
to deny is overturned; or
(b) when minor dependents of a deceased victim require assistance in establishing a
trust or determining a guardian.
(3) 
(a)
 An attorney or any other person providing assistance in a reparations claim, who
contracts for or receives sums not allowed under this [
chapter
] 
part
, is guilty of a class B
misdemeanor. [
This provision shall not extend
]
(b) This Subsection (3) does not apply
 to attorneys who assist the victim in filing a
civil action against the perpetrator.
Section 24. Section 
63M-7-525
 is amended to read:
63M-7-525.
Purpose -- Not entitlement program.
(1) 
(a)
 The purpose of the [
Utah Office for Victims of Crime
] 
office
 is to assist victims
of criminally injurious conduct who may be eligible for assistance from the [
Crime Victim
Reparations Fund
] 
fund
.
(b)
 Reparation to a victim 
under this part
 is limited to the money available in the fund.
[
(2) This program
] 
(2) (a) The assistance program described in Subsection (1)
 is not an
entitlement program. [
Awards
]
(b) A reparations award
 may be limited or denied as determined appropriate by the
board.
(c)
 Failure to grant [
an
] 
a reparations
 award does not create a cause of action against
the [
Utah Office for Victims of Crime
] 
office
, the state, or any of its subdivisions[
. There
] 
and
there
 is no right to judicial review over the decision whether or not to grant [
an
] 
a reparations
award.
(3) A cause of action based on a failure to give or receive the notice required by this
[
chapter
] 
part
 does not accrue to any person against the state, any of its agencies or local
subdivisions, any of their law enforcement officers or other agents or employees, or any health
care or medical provider or its agents or employees[
. The failure does not
] 
nor does it
 affect or
alter any requirement for filing or payment of a 
reparations
 claim.