Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 228 Second Substitute (2022GS)

Sponsor

Rep. Ivory, K.

Final action

Governor Signed 3/22/2022

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• amends and enacts definitions;
• amends the requirements for a victim to be eligible for reparations; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

CRIME VICTIM REPARATIONS AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Ken Ivory
Senate Sponsor: 
 Jani Iwamoto
LONG TITLE
General Description:
This bill amends provisions related to reparations for crime victims.
Highlighted Provisions:
This bill:
▸ amends and enacts definitions;
▸ amends the requirements for a victim to be eligible for reparations; 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 2021, Chapter 260
63M-7-509
, as last amended by Laws of Utah 2020, Chapter 149
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 part:
(1) "Accomplice" means an individual who has engaged in criminal conduct as
described in Section 
76-2-202
.
(2) "Advocacy services provider" means the same as that term is defined in Section
77-38-403
.
[
(2)
] 
(3)
 "Board" means the Crime Victim Reparations and Assistance Board created
under Section 
63M-7-504
.
[
(3)
] 
(4)
 "Bodily injury" means physical pain, illness, or any impairment of physical
condition.
[
(4)
] 
(5)
 "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.
[
(5)
] 
(6)
 "Child" means an unemancipated individual who is under 18 years old.
[
(6)
] 
(7)
 "Collateral source" means any source of benefits or advantages for economic
loss otherwise reparable under this part that the victim or claimant has received, or that 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) "Criminal justice system victim advocate" means the same as that term is defined in
Section 
77-38-403
.
[
(7) (a) "Criminally injurious conduct" other than acts of war declared or not declared
]
(9) (a) Except as provided in Subsection (9)(c), "criminally injurious conduct"
 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 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
:
(A)
 intended to cause bodily injury or death[
, or is conduct which is or would be
]
;
(B)
 punishable under 
Title
 76, Chapter 5, Offenses Against the Person[
, or as any
offense
]
; or
(C)
 chargeable as 
an offense for
 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
]
(i) an act of domestic terrorism or international terrorism, as those terms are defined in
U.S.C. Sec. 2331; or
(ii)
 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.
(c) "Criminally injurious conduct" does not include an act of war, whether or not
declared.
[
(8)
] 
(10)
 (a) "Dependent" means a natural person to whom the victim is wholly or
partially legally responsible for care or support.
(b) "Dependent" includes a child of the victim born after the victim's death.
[
(9)
] 
(11)
 "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.
[
(10)
] 
(12)
 "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.
[
(11)
] 
(13)
 "Director" means the director of the office.
[
(12)
] 
(14)
 "Disposition" means the sentencing or determination of penalty or
punishment to be imposed upon 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.
[
(13)
] 
(15)
 (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.
(b) "Economic loss" includes economic detriment even if caused by pain and suffering
or physical impairment.
(c) "Economic loss" does not include noneconomic detriment.
[
(14)
] 
(16)
 "Elderly victim" means an individual 
who is
years old or older 
and
 who
is a victim.
[
(15)
] 
(17)
 "Fraudulent claim" means a filed reparations 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.
[
(16)
] 
(18)
 "Fund" means the Crime Victim Reparations Fund created in Section
63M-7-526
.
(19) (a) "Interpersonal violence" means an act involving violence, physical harm, or a
threat of violence or physical harm, that is committed by an individual who is or has been in a
domestic, dating, sexual, or intimate relationship with the victim.
(b) "Interpersonal violence" includes any attempt, conspiracy, or solicitation of an act
described in Subsection (19)(a).
[
(17)
] 
(20)
 "Law enforcement officer" means the same as that term is defined in
Section 
53-13-103
.
[
(18)
] 
(21)
 (a) "Medical examination" means a physical examination necessary to
document criminally injurious conduct.
(b) "Medical examination" does not include mental health evaluations for the
prosecution and investigation of a crime.
[
(19)
] 
(22)
 "Mental health counseling" means outpatient and inpatient counseling
necessitated as a result of criminally injurious conduct, is subject to rules made by the board in
accordance with 
Title
 63G, Chapter 3, Utah Administrative Rulemaking Act.
[
(20)
] 
(23)
 "Misconduct" means conduct by the victim that was attributable to the
injury or death of the victim as provided by rules made by the board in accordance with 
Title
63G,
 Chapter 3, Utah Administrative Rulemaking Act.
[
(21)
] 
(24)
 "Noneconomic detriment" means pain, suffering, inconvenience, physical
impairment, and other nonpecuniary damage, except as provided in this part.
(25) "Nongovernment organization victim advocate" means the same as that term is
defined in Section 
77-38-403
.
[
(22)
] 
(26)
 "Pecuniary loss" does not include loss attributable to pain and suffering
except as otherwise provided in this part.
[
(23)
] 
(27)
 "Offender" means an individual who has violated 
Title
 76, Utah Criminal
Code, through criminally injurious conduct regardless of whether the individual is arrested,
prosecuted, or convicted.
[
(24)
] 
(28)
 "Offense" means a violation of 
Title
 76, Utah Criminal Code.
[
(25)
] 
(29)
 "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.
[
(26)
] 
(30)
 "Perpetrator" means the individual who actually participated in the
criminally injurious conduct.
[
(27)
] 
(31)
 "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)
] 
(32)
 "Reparations claim" means a claimant's request or application made to the
office for a reparations award.
[
(29)
] 
(33)
 (a) "Reparations officer" means an individual employed by the office to
investigate claims of victims and award reparations under this part.
(b) "Reparations officer" includes the director when the director is acting as a
reparations officer.
[
(30)
] 
(34)
 "Replacement service loss" means expenses reasonably and necessarily
incurred in obtaining ordinary and necessary services in lieu of those the injured individual
would have performed, not for income but the benefit of the injured individual or the injured
individual's dependents if the injured individual had not been injured.
[
(31)
] 
(35)
 (a) "Representative" means the victim, immediate family member, legal
guardian, attorney, conservator, executor, or an heir of an individual.
(b) "Representative" does not include a service provider or collateral source.
[
(32)
] 
(36)
 "Restitution" means the same as that term is defined in Section 
77-38b-102
.
[
(33)
] 
(37)
 "Secondary victim" means an individual who is traumatically affected by
the criminally injurious conduct subject to rules made by the board in accordance with 
Title
63G,
 Chapter 3, Utah Administrative Rulemaking Act.
[
(34)
] 
(38)
 "Service provider" means an individual or agency who provides a service to
a victim for a monetary fee, except attorneys as provided in Section 
63M-7-524
.
[
(35)
] 
(39)
 "Serious bodily injury" means the same as that term is defined in Section
76-1-601
.
(40) "Sexual assault" means any criminal conduct described in Title 76, Chapter 5, Part
4, Sexual Offenses.
(41) "Strangulation" means any act involving the use of unlawful force or violence
that:
(a) impedes breathing or the circulation of blood; and
(b) is likely to produce a loss of consciousness by:
(i) applying pressure to the neck or throat of an individual; or
(ii) obstructing the nose, mouth, or airway of an individual.
[
(36)
] 
(42)
 "Substantial bodily injury" means the same as that term is defined in
Section 
76-1-601
.
[
(37)
] 
(43)
 (a) "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
 if the individual is
a minor.
(b) "Victim" does not include 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
] 
domestic terrorism or international terrorism, as those terms are
 defined in 18
U.S.C. Sec. 2331, committed outside of the United States.
[
(38)
] 
(44)
 "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-7-509
 is amended to read:
63M-7-509.
Grounds for eligibility.
(1) A victim is eligible for a reparations award under this part if:
(a) the claimant is:
(i) a victim of criminally injurious conduct;
(ii) a dependent of a deceased victim of criminally injurious conduct; or
(iii) a representative acting on behalf of one of the above;
(b) (i) the criminally injurious conduct occurred in Utah; 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 that does not provide a crime victims'
compensation program;
(c) the application is made in writing in a form that conforms substantially to that
prescribed by the board;
(d) the criminally injurious conduct is reported to a law enforcement officer, in the law
enforcement officer's capacity as a law enforcement officer, or another federal or state
investigative agency;
(e) the claimant or victim cooperates with the appropriate law enforcement agencies
and prosecuting attorneys in efforts to apprehend or convict the perpetrator of the alleged
offense; and
(f) the criminally injurious conduct 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.
(3) (a) Notwithstanding the requirements of Subsections (1)(d) and (e), a victim of
sexual assault is not required to report the sexual assault to a law enforcement officer or
another federal or state investigative agency or cooperate with the appropriate law enforcement
agencies and prosecuting attorneys to be eligible for a reparations award under this section if:
(i) the victim seeks assistance from an advocacy services provider, a criminal justice 
system victim advocate, or a nongovernment organization victim advocate; and
(ii) the advocacy services provider, the criminal justice system victim advocate, or the
nongovernment organization victim advocate completes a questionnaire, provided by the
office, regarding the sexual assault.
(b) Notwithstanding the requirement of Subsection (1)(e), a victim who has suffered
strangulation in the course of interpersonal violence is not required to cooperate with the
appropriate law enforcement agencies and prosecuting attorneys to be eligible for a reparations
award under this section if the victim:
(i) reports the strangulation to a law enforcement officer or another federal or state
investigative agency after the strangulation occurs; and
(ii) seeks medical care for the strangulation immediately after the strangulation occurs.