Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 114 (2024GS)

Sponsor

Rep. Romero, A.

Final action

Governor Signed 3/19/2024

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• defines terms;
• specifies rulemaking authority to Ĥ→ [ the Ĥ→ State Commission on Criminal and 14a Juvenile 14b Justice, in consultation with the ←Ĥ Utah ] the State Commission on Criminal and Juvenile 14c Justice (commission), in consultation with the Utah ←Ĥ Office for Victims of Crime (office) to create:
• standards of care for a rape crisis and services center;
• eligibility standards for a rape crisis and services center to be eligible for a grant, other funds, or services;
• standards and procedures for Ĥ→ [ the Ĥ→ [office] state auditor ←Ĥ to ] the 19a commission to ←Ĥ monitor or audit 19b the compliance of a rape crisis and services center with eligibility standards; Ĥ→
• requires the state auditor to audit 20a the commission's compliance with monitoring and auditing requirements and the provision of 20b certain grant funds; ←Ĥ and
• makes technical and conforming changes.

Every vote on this bill

Bill text

This document includes House Committee Amendments incorporated into the bill on Fri, Jan 26, 2024 at 10:49 AM by housengrossing.
This document includes House Floor Amendments incorporated into the bill on Fri, Feb 2, 2024 at 3:36 PM by housengrossing.
RAPE CRISIS AND SERVICES CENTER AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Angela Romero
Senate Sponsor: 
 Todd D. Weiler
LONG TITLE
General Description:
This bill concerns standards of care and eligibility standards for a rape crisis and
services center.
Highlighted Provisions:
This bill:
▸ defines terms;
▸ specifies rulemaking authority to 
Ĥ→ [
the Ĥ→ 
State Commission on Criminal and
14a 
Juvenile
14b 
Justice, in consultation with the
 ←Ĥ Utah
] 
the State Commission on Criminal and Juvenile
14c 
Justice (commission), in consultation with the Utah
 ←Ĥ
 Office for Victims of Crime (office) to
create:
• standards of care for a rape crisis and services center;
• eligibility standards for a rape crisis and services center to be eligible for a
grant, other funds, or services;
• standards and procedures for 
Ĥ→ [
the Ĥ→ [office] 
 state auditor
 ←Ĥ to
] 
the
19a 
commission to
 ←Ĥ
 monitor or audit
19b the compliance of a
rape crisis and services center with eligibility standards; 
Ĥ→ 
▸ requires the state auditor to audit
20a 
the commission's compliance with monitoring and auditing requirements and the provision of
20b 
certain grant funds;
 ←Ĥ
 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 2022, Chapters 148, 185 and 430
ENACTS:
63M-7-527
, Utah Code Annotated 1953
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
.
(3) "Board" means the Crime Victim Reparations and Assistance Board created under
Section 
63M-7-504
.
(4) "Bodily injury" means physical pain, illness, or any impairment of physical
condition.
(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.
(6) "Child" means an unemancipated individual who is under 18 years old.
(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
.
(9) (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 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;
(B) punishable under Title 76, Chapter 5, Offenses Against the Individual; or
(C) chargeable as an offense for driving under the influence of alcohol or drugs.
(b) "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.
(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.
(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.
(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.
(13) "Director" means the director of the office.
(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.
(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.
(16) "Elderly victim" means an individual who is 60 years old or older and who is a
victim.
(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.
(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).
(20) "Law enforcement officer" means the same as that term is defined in Section
53-13-103
.
(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.
(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.
(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.
(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
.
(26) "Pecuniary loss" does not include loss attributable to pain and suffering except as
otherwise provided in this part.
(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.
(28) "Offense" means a violation of Title 76, Utah Criminal Code.
(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.
(30) "Perpetrator" means the individual who actually participated in the criminally
injurious conduct.
(31)
Ĥ→ 
(a)
 ←Ĥ
"Rape crisis and services center" means a nonprofit entity that assists
147a 
victims of
sexual assault and victims' families by offering sexual assault crisis intervention and counseling
through a sexual assault counselor.
149a 
Ĥ→ 
(b) "Rape crisis and services center" does not include a qualified institutional
 ☆
149b 
☆ victim services provider as defined in Section 53B-28-201.
 ←Ĥ
[
(31)
] 
(32)
 "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.
[
(32)
] 
(33)
 "Reparations claim" means a claimant's request or application made to the
office for a reparations award.
[
(33)
] 
(34)
 (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.
[
(34)
] 
(35)
 "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.
[
(35)
] 
(36)
 (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.
[
(36)
] 
(37)
 "Restitution" means the same as that term is defined in Section 
77-38b-102
.
[
(37)
] 
(38)
 "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.
[
(38)
] 
(39)
 "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
.
[
(39)
] 
(40)
 "Serious bodily injury" means the same as that term is defined in Section
76-1-101.5
.
[
(40)
] 
(41)
 "Sexual assault" means any criminal conduct described in Title 76,
Chapter 5, Part 4, Sexual Offenses.
(42) "Sexual assault counselor" means an individual who:
(a) is employed by or volunteers at a rape crisis and services center;
(b) has a minimum of 40 hours of training in counseling and assisting victims of sexual
assault; and
(c) is under the supervision of the director of a rape crisis and services center or the
director's designee.
[
(41)
] 
(43)
 "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.
[
(42)
] 
(44)
 "Substantial bodily injury" means the same as that term is defined in
Section 
76-1-101.5
.
[
(43)
] 
(45)
 (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
 or 
76-5b-201.1
 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.
[
(44)
] 
(46)
 "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-7-527
 is enacted to read:
 63M-7-527.
Rape crisis and services center standards, eligibility, and monitoring
-- Administrative rulemaking authority.
(1) With regard to eligibility for a grant, other funds, or services provided under this
part for a rape crisis and services center, the
Ĥ→ 
commission, in consultation with the
 ←Ĥ
office
208a 
Ĥ→ 
,
 ←Ĥ
shall create rules to:
(a) create standards of care for a rape crisis and services center to provide safe,
effective, and appropriate services for a victim of sexual assault:
(i) that are based on best practices; and
(ii) with input from the Utah Victim Services Commission's subcommitee on rape and
sexual assault established under Subsection 
63M-7-903
(5)(b);
(b) create and enforce eligibility standards for a rape crisis and services center that:
(i) incorporate the standards of care described in Subsection (1)(a); and
(ii) may be used to determine whether a rape crisis and services center is eligible for a
grant, other funds, or services under this part; and
(c) create standards and procedures for
Ĥ→ [
the
 Ĥ→ [
office or the office's designee
] 
 state
218a 
auditor
 218a ←Ĥ 
to monitor or
audit
] 
the commission to monitor and audit
 ←Ĥ
a rape crisis and services center for compliance
219a 
with the eligibility standards described in
Subsection (1)(b).
(2) Rules made by the
Ĥ→ [
office
] 
 commission
 ←Ĥ
under this section shall be made in
221a 
accordance with Title
63G, Chapter 3, Utah Administrative Rulemaking Act.
Ĥ→ 
(3) The state auditor shall audit the
222a 
commission's compliance with the commisson's monitoring and auditing requirements
222b 
described in Subsection (1)(c) and the provision of grant funds under this section.
 ←Ĥ
Section 3. 
Effective date.
This bill takes effect on May 1, 2024.