Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 308 Second Substitute (2024GS)

Sponsor

Rep. Clancy, T.

Final action

Governor Signed 3/13/2024

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• defines terms;
• requires the Utah Office for Victims of Crime to provide a law enforcement agency with educational materials regarding sexual assault victims;
• provides that the Utah Council on Victims of Crime is within the State Commission on Criminal and Juvenile Justice;
• amends the duties and membership of the Utah Council on Victims of Crime;
• creates a victim rights committee in each judicial district of the state;
• establishes the membership of a victim rights committee;
• amends the Utah Council on Victims of Crime;
• requires the executive director of the State Commission on Criminal and Juvenile Justice to appoint a council coordinator for the Utah Council on Victims of Crime;
• provides the duties of the council coordinator for the Utah Council on Victims of Crime;
• creates a process for submitting a complaint alleging a violation of a victim's right;
• clarifies the relief that a victim may seek from a court for a violation of a victim's right;
• clarifies that a defendant may not seek relief from a court for a violation of victim's rights;
• repeals a statute on district victims' rights committees; and

Every vote on this bill

Bill text

This document includes House Committee Amendments incorporated into the bill on Mon, Feb 5, 2024 at 10:00 AM by housengrossing.
CRIME VICTIM AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Tyler Clancy
Senate Sponsor: 
Michael K. McKell
LONG TITLE
General Description:
This bill amends provisions related to victims of crime.
Highlighted Provisions:
This bill:
▸ defines terms;
▸ requires the Utah Office for Victims of Crime to provide a law enforcement agency
with educational materials regarding sexual assault victims;
▸ provides that the Utah Council on Victims of Crime is within the State Commission
on Criminal and Juvenile Justice;
▸ amends the duties and membership of the Utah Council on Victims of Crime;
▸ creates a victim rights committee in each judicial district of the state;
▸ establishes the membership of a victim rights committee;
▸ amends the Utah Council on Victims of Crime;
▸ requires the executive director of the State Commission on Criminal and Juvenile
Justice to appoint a council coordinator for the Utah Council on Victims of Crime;
▸ provides the duties of the council coordinator for the Utah Council on Victims of
Crime;
▸ creates a process for submitting a complaint alleging a violation of a victim's right;
▸ clarifies the relief that a victim may seek from a court for a violation of a victim's
right;
▸ clarifies that a defendant may not seek relief from a court for a violation of victim's
rights;
▸ repeals a statute on district victims' rights committees; 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
63M-7-602
, as last amended by Laws of Utah 2021, Chapter 172
63M-7-603
, as last amended by Laws of Utah 2021, Chapter 172
77-38-11
, as last amended by Laws of Utah 2010, Chapter 331
ENACTS:
63M-7-506.5
, Utah Code Annotated 1953
63M-7-601.1
, Utah Code Annotated 1953
63M-7-601.7
, Utah Code Annotated 1953
63M-7-606
, Utah Code Annotated 1953
REPEALS AND REENACTS:
63M-7-605
, as last amended by Laws of Utah 2021, Chapter 172
RENUMBERS AND AMENDS:
63M-7-601.5
, (Renumbered from 63M-7-601, as last amended by Laws of Utah 2023,
Chapter 150)
REPEALS:
77-37-5
, as last amended by Laws of Utah 2023, Chapter 237
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 agency" means a public or private agency having general police
power and charged with making arrests in connection with enforcement of the criminal statutes
and ordinances of this state or any political subdivision of this state.
[
(20)
] 
(21)
 "Law enforcement officer" means the same as that term is defined in
Section 
53-13-103
.
[
(21)
] 
(22)
 (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)
] 
(23)
 "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)
] 
(24)
 "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)
] 
(25)
 "Noneconomic detriment" means pain, suffering, inconvenience, physical
impairment, and other nonpecuniary damage, except as provided in this part.
[
(25)
] 
(26)
 "Nongovernment organization victim advocate" means the same as that
term is defined in Section 
77-38-403
.
[
(26)
] 
(27)
 "Pecuniary loss" does not include loss attributable to pain and suffering
except as otherwise provided in this part.
[
(27)
] 
(28)
 "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)
] 
(29)
 "Offense" means a violation of Title 76, Utah Criminal Code.
[
(29)
] 
(30)
 "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)
] 
(31)
 "Perpetrator" means the individual who actually participated in the
criminally injurious conduct.
[
(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.
[
(41)
] 
(42)
 "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)
] 
(43)
 "Substantial bodily injury" means the same as that term is defined in
Section 
76-1-101.5
.
[
(43)
] 
(44)
 (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)
] 
(45)
 "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-7-506.5
 is enacted to read:
 63M-7-506.5.
Duties of the office.
The office shall provide educational materials to a law enforcement agency to assist the
law enforcement agency with informing a victim of a sexual assault of the victim's right to
request testing of the victim and of the offender alleged to have committed the sexual assault as
described in Section 
53-10-802
.
Section 3. Section 
63M-7-601.1
 is enacted to read:
 63M-7-601.1.
Definitions.
As used in this part:
(1) "Committee" means a victim rights committee established in each judicial district
as described in Section 
63M-7-601.7
.
(2) "Council" means the Utah Council on Victims of Crime established in Section
63M-7-601.5
.
(3) (a) "Criminal justice agency" means an agency that is directly involved in the
apprehension, prosecution, incarceration, or supervision of an individual involved in criminal
conduct.
(b) "Criminal justice agency" includes:
(i) a law enforcement agency as defined in Section 
63M-7-502
;
(ii) a prosecuting agency;
(iii) the Department of Corrections created in Section 
64-13-2
; or
(iv) the Board of Pardons and Parole created in Section 
77-27-2
.
(4) "Member" means an individual appointed to the council or to a committee.
(5) "Representative of a victim" means the same as that term is defined in Section
77-38-2
.
(6) "Subcommittee" means a subcommittee of the council that is established to assist
the council in accomplishing the council's duties.
(7) (a) "Victim" means an individual against whom criminal conduct has allegedly
been committed.
(b) "Victim" does not include an individual who is an accomplice or codefendant to
criminal conduct.
(8) "Victim advocate" means the same as that term is defined in Section 
77-37-403
.
(9) "Victim's rights" means the rights afforded to a victim under Title 77, Chapter 37,
Victims' Rights, Title 77, Chapter 38, Crime Victims, and Utah Constitution, Article I, Section
28.
Section 4. Section 
63M-7-601.5
, which is renumbered from Section 63M-7-601 is
renumbered and amended to read:
[
63M-7-601
].
 63M-7-601.5.
Creation -- Members -- Chair.
(1) There is created [
within the governor's office
] the Utah Council on Victims of
Crime 
within the commission
.
(2) The council is composed of [
] 
 voting members as follows:
(a) a representative of the [
State Commission on Criminal and Juvenile Justice
]
commission,
 appointed by the executive director 
of the commission
;
(b) a representative of the Department of Corrections
,
 appointed by the executive
director 
of the Department of Corrections
;
(c) a representative of the Board of Pardons and Parole
,
 appointed by the chair 
of the
Board of Pardons and Parole
;
(d) a representative of the Department of Public Safety
,
 appointed by the commissioner
of the Department of Public Safety
;
(e) a representative of the Division of Juvenile Justice Services
,
 appointed by the
director 
of the Division of Juvenile Justice Services
;
(f) a representative of the Utah Office for Victims of Crime
,
 appointed by the director
of the Utah Office for Victims of Crime
;
(g) a representative of the Office of the Attorney General
,
 appointed by the attorney
general;
(h) a representative of the United States [
Attorney for the district
] 
Attorney's Office for
the District
 of Utah
,
 appointed by the United States Attorney;
(i) a representative of Utah's Native American community
,
 appointed by the director of
the Division of Indian Affairs after input from federally recognized tribes in Utah;
[
(j) a professional or volunteer working in the area of violence against women and
families appointed by the governor;
]
[
(k)
] 
(j)
 a representative of the Department of Health and Human Services Violence
and Injury Prevention Program
,
 appointed by the program's manager;
[
(l)
] 
(k)
 the chair of each [
judicial district's victims' rights
] committee;
[
(m)
] 
(l)
 a representative of the Statewide Association of 
Prosecutors and
 Public
Attorneys
,
 appointed by 
the executive director of
 that association;
[
(n)
] 
(m)
 a representative of the Utah Chiefs of Police Association
,
 appointed by the
president of that association;
[
(o)
] 
(n)
 a representative of the Utah Sheriffs' Association
,
 appointed by the president
of that association;
[
(p)
] 
(o)
 a representative of [
a Children's Justice Center
] 
Children's Justice Centers,
appointed by the attorney general;
[
(q)
] 
(p)
 [
the director of
] 
a representative from
 the Division of Child and Family
Services [
or that individual's designee
]
, appointed by the director of the Division of Child and
Family Services
;
[
(r)
] 
(q)
 [
the chair
] 
a representative
 of the Utah Victim Services Commission [
or the
chair's designee
]
, appointed by the chair of the Utah Victim Services Commission
; and
[
(s)
] 
(r)
 the following [
members
] 
individuals,
 appointed by the members 
described
 in
Subsections (2)(a) through [
(2)(r) to serve four-year terms
] 
(2)(q)
:
(i) an individual who engages in community based advocacy;
(ii) a citizen representative; and
(iii) a citizen representative who has been a victim [
of crime
].
(3) The council shall annually elect:
(a) one member 
of the council
 to serve as chair; 
and
(b) one member 
of the council
 to serve as vice-chair[
; and
]
.
[
(c) one member to serve as treasurer.
]
Section 5. Section 
63M-7-601.7
 is enacted to read:
 63M-7-601.7.
Victim rights committee for each judicial district -- Members.
(1) There is created a victim rights committee in each judicial district of this state.
(2) The council shall appoint a chair to serve on each committee.
(3) The chair shall appoint, with the council's consent, the following individuals to
serve on each committee:
(a) a county or district attorney within the judicial district, or the county or district
attorney's designee;
(b) a municipal attorney within the judicial district, or the municipal attorney's
designee;
(c) a sheriff within the judicial district, or the sheriff's designee;
(d) a chief of police within the judicial district, or the chief of police's designee;
(e) a representative of the Division of Adult Probation and Parole within the
Department of Corrections;
(f) a victim advocate; and
(g) any other representative as appropriate.
Section 6. Section 
63M-7-602
 is amended to read:
63M-7-602.
Reappointment to the council or a committee -- Vacancies.
(1) A member 
of the council or a committee is:
(a)
 appointed to serve a four-year term [
is
]
; and
(b)
 eligible for reappointment.
(2) When a vacancy occurs in the membership for any reason, the replacement shall be
appointed for the remainder of the unexpired term.
Section 7. Section 
63M-7-603
 is amended to read:
63M-7-603.
Duties of the council.
[
(1)
] The council shall:
[
(a)
] 
(1)
 make recommendations to the Legislature, the governor, and the Judicial
Council on the following:
[
(i)
] 
(a)
 enforcing [
existing rights of victims of crime
] 
a victim's rights
;
[
(ii)
] 
(b)
 enhancing [
rights of victims of crime
] 
a victim's rights
;
[
(iii)
] 
(c)
 the role of victims [
of crime
] in the criminal 
and juvenile
 justice system;
[
(iv)
] 
(d)
 victim restitution;
[
(v)
] 
(e)
 educating and training criminal 
and juvenile
 justice professionals on [
the
rights of victims of crime
] 
a victim's rights
; and
[
(vi)
] 
(f)
 enhancing services to victims [
of crimes
];
[
(b)
] 
(2)
 provide training on [
the rights of victims of crime; and
] 
a victim's rights; and
(3) advocate for changes to the law, or for proposed legislation, in the interest of
victims.
[
(c) establish a subcommittee to consider complaints not resolved by the Victims'
Rights Committee established in Section 
77-37-5
.
]
[
(2)
] 
(4)
 The council 
may
:
(a)
Ĥ→ [
advocate for a victim's rights in an appellate court;
] 
 subject to court rules and the
345a 
governor's approval, petition to file an amicus brief in an appellate court in a case affecting a
345b 
victim's rights;
 ←Ĥ
(b) establish a subcommittee;
(c) make rules in accordance with Title 63G, Chapter 3, Utah Administrative
Rulemaking Act, regarding the process by which a victim, or a representative of a victim, may
submit a complaint alleging a violation of the victim's rights; and
(d) review any action taken by a committee under Subsection 
63M-7-606
(6).
[
(a) shall advocate the adoption, repeal, or modification of laws or proposed legislation
in the interest of victims of crime;
]
[
(b) subject to court rules and the governor's approval, may advocate in appellate courts
on behalf of a victim of crime as described in Subsection 
77-38-11
(2)(a)(ii);
]
[
(c) may establish additional subcommittees to assist in accomplishing its duties; and
]
[
(d) shall select and appoint individuals in accordance with Section 
77-37-5
 to act as
chairpersons of the judicial district victims' rights committees and provide assistance to the
committees in their operations.
]
Section 8. Section 
63M-7-605
 is repealed and reenacted to read:
 63M-7-605.
Staff for the council -- Council coordinator.
(1) The executive director of the commission shall appoint an individual to serve as the
council coordinator for the council.
(2) The council coordinator shall:
(a) provide administrative assistance to the council, a subcommittee, and each
committee;
(b) schedule meetings for the council, a subcommittee, and each committee; and
(c) receive and process complaints as described in Section 
63M-7-606
.
Section 9. Section 
63M-7-606
 is enacted to read:
 63M-7-606.
Complaint of violation of victim rights -- Criminal justice agency
policy about complaints.
(1) When the council coordinator receives a complaint, the council coordinator shall
review the complaint to determine whether the complaint alleges a violation of a victim's
rights.
(2) (a) If the complaint does not allege a violation of a victim's rights, the council
coordinator shall send a letter to the victim, or the representative of a victim:
(i) explaining that the committee may only address a violation of the victim's right; and
(ii) describing any other resources that may be available to the victim or the
representative of the victim.
(b) The council coordinator shall send the letter described in Subsection (2)(a) within
days after the day on which the council coordinator receives the complaint.
(3) If the complaint does allege a violation of a victim's rights, the council coordinator
shall forward:
(a) the complaint to the committee of the judicial district where the violation allegedly
occurred; and
(b) a copy of the complaint to the person that is the subject of the complaint.
(4) The council coordinator shall schedule a meeting for the committee to review the
complaint as soon as practicable.
(5) If a criminal justice agency investigates a complaint regarding a violation of a
victim's rights and the committee receives a complaint about the same violation, the criminal
justice agency shall provide the criminal justice agency's investigative findings related to the
complaint to the committee.
(6) After reviewing the complaint and any findings submitted by a criminal justice
agency under Subsection (5), the committee may:
(a) make recommendations to the person alleged to have violated a victim's rights
regarding a victim's rights and the obligations of the person;
(b) inform the person of a victim's rights and the obligations required by law;
(c) refer the victim, or the representative of a victim, to other resources in the
community; or
(d) inform the victim, or the representative of a victim, of the victim's rights and
remedies described in Title 77, Chapter 37, Victims' Rights, Title 77, Chapter 38, Crime
Victims, and Utah Constitution, Article I, Section 28.
(7) Within 30 days after the day on which the committee meeting is held, the chair of
the committee shall send a letter to the victim, or the representative of a victim, describing any
action taken by the committee.
(8) A criminal justice agency shall establish a policy for addressing a complaint
alleging a violation of a victim's rights.
Section 10. Section 
77-38-11
 is amended to read:
77-38-11.
Enforcement -- Appellate review -- No right to money damages.
(1) If a person acting under color of state law allegedly violates the rights of a victim
described in this chapter, Chapter 37, Victims' Rights, or Utah Constitution, Article I, Section
28, the victim, or a representative of a victim, may file a complaint with a victim rights
committee as described in Section 
63M-7-606
.
[
(1)
] 
(2)
 If a person acting under color of state law willfully or wantonly fails to
perform duties so that the rights in this chapter are not provided, an action for injunctive relief,
including prospective injunctive relief, may be brought against the individual and the
governmental entity that employs the individual.
[
(2)
] 
(3)
 (a) The victim of a crime or representative of a victim of a crime[
, including
any Victims' Rights Committee as defined in Section 
77-37-5
] may:
(i) bring an action for declaratory relief or for a writ of mandamus defining or
enforcing the rights of victims and the obligations of government entities under this chapter;
(ii) petition to file an amicus brief in any court in any case affecting crime victims; and
(iii) after giving notice to the prosecution and the defense, seek an appropriate remedy
for a violation of a victim's right from the [
judge
] 
court
 assigned to the case involving the issue
[
as provided in Section 
77-38-11
].
(b) Adverse rulings on these actions or on a motion or request brought by a victim of a
crime or a representative of a victim of a crime may be appealed under the rules governing
appellate actions, provided that an appeal may not constitute grounds for delaying any criminal
or juvenile proceeding.
(c) An appellate court shall review all properly presented issues, including issues that
are capable of repetition but would otherwise evade review.
[
(3)
] 
(4)
 (a) Upon a showing that the victim has not unduly delayed in seeking to
protect the victim's right, and after hearing from the prosecution and the defense, the [
judge
]
court
 shall determine whether a right of the victim has been violated.
(b) If the [
judge
] 
court
 determines that a victim's right has been violated, the [
judge
shall proceed to
] 
the court shall:
(i)
 determine the appropriate remedy for the violation of the victim's right by hearing
from the victim and the parties[
,
] 
and
 considering all factors relevant to the issue[
, and then
awarding
]
; and
(ii) award
 an appropriate remedy to the victim.
(5) (a)
 The court shall
;
(i)
 reconsider any judicial decision or judgment affected by a violation of the victim's
right
;
 and
(ii)
 [
determine whether,
] upon affording the victim the right and further hearing from
the prosecution and the defense, 
determine whether
 the decision or judgment would have been
different.
(b)
 If the court's decision or judgment would have been different, the court shall enter
the new different decision or judgment as the appropriate remedy.
(c)
 If necessary to protect the victim's right, [
the new decision or judgment shall be
entered
] 
the court shall enter the new decision or judgment
 nunc pro tunc to the time the first
decision or judgment was reached.
(d)
 In no event shall the appropriate remedy be a new trial, damages, attorney fees, or
costs.
[
(c)
] 
(6) (a)
 The appropriate remedy 
under Subsection (4) or (5)
 shall include only
actions necessary to provide the victim the right to which the victim was entitled [
and
]
.
(b) The appropriate remedy under Subsection (4) or (5)
 may include reopening
previously held proceedings.
(7) (a)
 Subject to Subsection [
(3)(d)
] 
(7)(c)
, the court may reopen a sentence or a
previously entered guilty or no contest plea only if [
doing so
] 
reopening the sentence or plea:
(i)
 would not preclude continued prosecution or sentencing the defendant
;
 and
(ii)
 would not otherwise permit the defendant to escape justice.
(b)
 [
Any remedy shall be tailored
] 
The court shall tailor a remedy
 to provide the victim
with
 an appropriate remedy without violating any constitutional right of the defendant.
[
(d)
] 
(c)
 If the court sets aside a previously entered plea of guilty or no contest, and
[
thereafter
] 
the
 continued prosecution of the charge is held to be prevented by the defendant's
having been previously put in jeopardy, the order setting aside the plea is void and the plea is
reinstated as of the date of [
its
] 
the plea's
 original entry.
[
(e)
] 
(d)
 The court may not award as a remedy the dismissal of any criminal charge.
[
(f)
] 
(e)
 The court may not award any remedy if the proceeding that the victim is
challenging occurred more than 90 days before the 
day on which the
 victim filed an action
alleging the violation of the right.
[
(4)
] 
(8)
 The failure to provide the rights in this chapter or [
Title 77, Chapter 37,
Victims' Rights
] 
Chapter 37, Victims' Rights
, shall not constitute cause for a judgment against
the state or any government entity, or any individual employed by the state or any government
entity, for monetary damages, attorney fees, or the costs of exercising any rights under this
chapter.
(9) A defendant convicted of an offense may not bring an action or complaint
concerning a violation of this chapter or Chapter 37, Victims' Rights.
Section 11. 
Repealer.
This bill repeals:
Section 
77-37-5
,
Remedies -- District Victims' Rights Committee.
Section 12. 
Effective date.
This bill takes effect on May 1, 2024.