reglab/housing_qa huggingface dataset:
UT Code § 77-38-204 (2021)
2021 Utah Code|Title 77 - Utah Code of Criminal Procedure|Chapter 38 - Rights of Crime Victims Act|Part 2 - Confidential Communications for Sexual Assault Act|Section 204 - Disclosure of confidential communications.

 Effective 5/9/2017  77-38-204. Disclosure of confidential communications.  Notwithstanding Title 53B, Chapter 28, Part 2, Confidential Communications for Institutional Advocacy Services Act, the confidential communication between a victim and a sexual assault counselor is available to a third person only when:  (1) the victim is a minor and the counselor believes it is in the best interest of the victim to disclose the confidential communication to the victim's parents;     (2) the victim is a minor and the minor's parents or guardian have consented to disclosure of the confidential communication to a third party based upon representations made by the counselor that it is in the best interest of the minor victim to make such disclosure;     (3) the victim is not a minor, has given consent, and the counselor believes the disclosure is necessary to accomplish the desired result of counseling; or     (4) the counselor has an obligation under Title 62A, Chapter 4a, Child and Family Services, to report information transmitted in the confidential communication.    Amended by Chapter 188, 2017 General Session
UT Code § 77-38-301 (2021)
2021 Utah Code|Title 77 - Utah Code of Criminal Procedure|Chapter 38 - Rights of Crime Victims Act|Part 3 - Profits from Notorious Criminal Activity Act|Section 301 - Title.

77-38-301. Title.  This part is known as the "Profits from Notorious Criminal Activity Act."  Amended by Chapter 260, 2012 General Session
UT Code § 77-38-302 (2021)
2021 Utah Code|Title 77 - Utah Code of Criminal Procedure|Chapter 38 - Rights of Crime Victims Act|Part 3 - Profits from Notorious Criminal Activity Act|Section 302 - Definitions.

 Effective 7/1/2020  77-38-302. Definitions.  As used in this part:  (1) "Convicted person" means a person who has been convicted of a crime.     (2) "Conviction" means an adjudication by a federal or state court resulting from a trial or plea, including a plea of no contest, nolo contendere, a finding of not guilty due to insanity, or not guilty but having a mental illness regardless of whether the sentence was imposed or suspended.     (3) "Fund" means the Crime Victim Reparations Fund created in Section 63M-7-526.     (4) "Memorabilia" means any tangible property of a convicted person or a representative or assignee of a convicted person, the value of which is enhanced by the notoriety gained from the criminal activity for which the person was convicted.     (5) "Notoriety of crimes contract" means a contract or other agreement with a convicted person, or a representative or assignee of a convicted person, with respect to:   (a) the reenactment of a crime in any manner including a movie, book, magazine article, Internet website, recording, phonograph record, radio or television presentation, or live entertainment of any kind;     (b) the expression of the convicted person's thoughts, feelings, opinions, or emotions regarding a crime involving or causing personal injury, death, or property loss as a direct result of the crime; or     (c) the payment or exchange of any money or other consideration or the proceeds or profits that directly or indirectly result from the notoriety of the crime.       (6) "Office" means the Utah Office for Victims of Crime.     (7) "Profit" means any income or benefit:   (a) over and above the fair market value of tangible property that is received upon the sale or transfer of memorabilia; or     (b) any money, negotiable instruments, securities, or other consideration received or contracted for gain which is traceable to a notoriety of crimes contract.      Amended by Chapter 230, 2020 General Session
UT Code § 77-38-303 (2021)
2021 Utah Code|Title 77 - Utah Code of Criminal Procedure|Chapter 38 - Rights of Crime Victims Act|Part 3 - Profits from Notorious Criminal Activity Act|Section 303 - Profit from sale of memorabilia or notoriety of crimes contract -- Deposit in Crime Victim Reparations Fund -- Penalty.

77-38-303. Profit from sale of memorabilia or notoriety of crimes contract -- Deposit in Crime Victim Reparations Fund -- Penalty.    (1) Any convicted person or a representative or assignee of a convicted person who receives a profit from the sale or transfer of memorabilia shall remit to the fund:   (a) a complete, itemized accounting of the transaction, including:   (i) a description of each item sold;     (ii) the amount received for each item;     (iii) the estimated fair market value of each item; and     (iv) the name and address of the purchaser of each item; and       (b) a check or money order for the amount of the profit, which shall be the difference between the amount received for the item and the estimated fair market value of the item.       (2) Any person who willfully violates Subsection (1) may be assessed a civil penalty of up to $1,000 per item sold or transferred or three times the amount of the unremitted profit, whichever is greater.     (3)   (a) Any person or entity who enters into a notoriety of crime contract with a convicted person or with a representative or assignee of a convicted person shall pay to the fund any profit which by the terms of the contract would otherwise be owing to the convicted person or representative or assignee of the convicted person.     (b) A convicted person or a representative or assignee of a convicted person who has received any profit from a notoriety of crime contract shall remit the profit to the fund. Any future profit which, by the terms of the contract, would otherwise be owing to the convicted person or a representative or assignee of a convicted person shall be paid to the fund as required under Subsection (3)(a).       (4) Upon receipt of money under Subsection (3), the office shall distribute the amounts to the victim of the crime from which the profits are derived if any restitution remains outstanding. If no restitution is outstanding, the money shall be deposited into the fund.     (5)   (a) Any person or entity who willfully violates Subsection (3) may be assessed a civil penalty of up to $1,000,000.00, or up to three times the total value of the original notoriety of crime contract, whichever is greater.     (b) Any civil penalty ordered under this Subsection shall be paid to the fund.       (6) The prosecuting agency or the attorney general may bring an action to enforce the provisions of this chapter in the court of conviction.     (7) A court shall enter an order to remit funds as provided in this chapter if it finds by a preponderance of the evidence any violation of Subsection (1) or (3).    Amended by Chapter 278, 2013 General Session
UT Code § 77-38-401 (2021)
2021 Utah Code|Title 77 - Utah Code of Criminal Procedure|Chapter 38 - Rights of Crime Victims Act|Part 4 - Privileged Communications with Victim Advocates Act|Section 401 - Title.

 Effective 5/14/2019  77-38-401. Title.  This part is known as the "Privileged Communications with Victim Advocates Act." Enacted by Chapter 361, 2019 General Session
UT Code § 77-38-402 (2021)
2021 Utah Code|Title 77 - Utah Code of Criminal Procedure|Chapter 38 - Rights of Crime Victims Act|Part 4 - Privileged Communications with Victim Advocates Act|Section 402 - Purpose.

 Effective 5/14/2019  77-38-402. Purpose.  It is the purpose of this part to enhance and promote the mental, physical, and emotional recovery of victims by restricting the circumstances under which a confidential communication with the victim may be disclosed. Enacted by Chapter 361, 2019 General Session
UT Code § 77-38-404 (2021)
2021 Utah Code|Title 77 - Utah Code of Criminal Procedure|Chapter 38 - Rights of Crime Victims Act|Part 4 - Privileged Communications with Victim Advocates Act|Section 404 - Scope of part.

 Effective 5/14/2019  77-38-404. Scope of part.  This part governs the disclosure of a confidential communication to a victim advocate, except that:  (1) if Title 53B, Chapter 28, Part 2, Confidential Communications for Institutional Advocacy Services Act, applies, that part governs; and     (2) if Part 2, Confidential Communications for Sexual Assault Act, applies, that part governs.    Enacted by Chapter 361, 2019 General Session
UT Code § 77-38-405 (2021)
2021 Utah Code|Title 77 - Utah Code of Criminal Procedure|Chapter 38 - Rights of Crime Victims Act|Part 4 - Privileged Communications with Victim Advocates Act|Section 405 - Disclosure of a communication given to a victim advocate.

 Effective 5/14/2019  77-38-405. Disclosure of a communication given to a victim advocate.    (1)   (a) A victim advocate may not disclose a confidential communication with a victim, including a confidential communication in a group therapy session, except:   (i) that a criminal justice system victim advocate shall provide the confidential communication to a prosecutor who is responsible for determining whether the confidential communication is exculpatory or goes to the credibility of a witness;     (ii) that a criminal justice system victim advocate may provide the confidential communication to a parent or guardian of a victim if the victim is a minor and the parent or guardian is not the accused, or a law enforcement officer, health care provider, mental health therapist, domestic violence shelter employee, an employee of the Utah Office for Victims of Crime, or member of a multidisciplinary team assembled by a Children's Justice Center or a law enforcement agency for the purpose of providing advocacy services; or     (iii) to the extent allowed by the Utah Rules of Evidence.       (b) If a prosecutor determines that the confidential communication is exculpatory or goes to the credibility of a witness, after the court notifies the victim and the defense attorney of the opportunity to be heard at an in camera review, the prosecutor will present the confidential communication to the victim, defense attorney, and the court for in camera review in accordance with the Utah Rules of Evidence.       (2) A record that contains information from a confidential communication between a victim advocate and a victim may not be disclosed under Title 63G, Chapter 2, Government Records Access and Management Act, to the extent that it includes the information about the confidential communication.     (3) A criminal justice system victim advocate, as soon as reasonably possible, shall notify a victim, or a parent or guardian of the victim if the victim is a minor and the parent or guardian is not the accused:   (a) whether a confidential communication with the criminal justice system victim advocate will be disclosed to a prosecutor and whether a statement relating to the incident that forms the basis for criminal charges or goes to the credibility of a witness will also be disclosed to the defense attorney; and     (b) of the name, location, and contact information of one or more nongovernment organization advocacy services providers specializing in the victim's service needs, when a nongovernment organization advocacy services provider exists and is known to the criminal justice system victim advocate.      Enacted by Chapter 361, 2019 General Session
UT Code § 77-38-501 (2021)
2021 Utah Code|Title 77 - Utah Code of Criminal Procedure|Chapter 38 - Rights of Crime Victims Act|Part 5 - Victims Guidelines for Prosecutors Act|Section 501 - Title.

 Effective 5/12/2020  77-38-501. Title.  This part is known as the "Victims Guidelines for Prosecutors Act." Enacted by Chapter 112, 2020 General Session
UT Code § 77-38-502 (2021)
2021 Utah Code|Title 77 - Utah Code of Criminal Procedure|Chapter 38 - Rights of Crime Victims Act|Part 5 - Victims Guidelines for Prosecutors Act|Section 502 - Definitions.

 Effective 5/12/2020  77-38-502. Definitions.  As used in this part:  (1) "Certifying entity" means any of the following:   (a) a law enforcement agency, as defined in Section 77-7a-103;     (b) a prosecutor, as defined in Section 77-22-4.5;     (c) a court, as defined in Section 78A-1-101;     (d) any other authority that has responsibility for the detection, investigation, or prosecution of a qualifying crime or criminal activity; and     (e) an agency that has criminal detection or investigative jurisdiction in the agency's respective areas of expertise, including:   (i) the Division of Child and Family Services; and     (ii) the Labor Commission.         (2) "Certifying official" means:   (a) the head of the certifying entity;     (b) a person in a supervisory role who has been specifically designated by the head of the certifying entity to issue Form I-918 Supplement B certifications on behalf of that agency;     (c) a judge; or     (d) any other certifying official defined under 8 C.F.R. Sec. 214.14.       (3) "Commission" means the State Commission on Criminal and Juvenile Justice created in Section 63M-7-201.     (4)   (a) "Qualifying criminal activity" means the same as that term is defined in 8 C.F.R. Sec. 214.14.     (b) "Qualifying criminal activity" includes criminal offenses for which the nature and elements of the offenses are substantially similar to the criminal activity described in Subsection (4)(a), and the attempt, conspiracy, or solicitation to commit any of those offenses.      Enacted by Chapter 112, 2020 General Session
UT Code § 77-38b-101 (2021)
2021 Utah Code|Title 77 - Utah Code of Criminal Procedure|Chapter 38b - Crime Victims Restitution Act|Part 1 - General Provisions|Section 101 - Title.

 Effective 7/1/2021  77-38b-101. Title.  This chapter is known as the "Crime Victims Restitution Act." Renumbered and Amended by Chapter 260, 2021 General Session
UT Code § 77-38b-201 (2021)
2021 Utah Code|Title 77 - Utah Code of Criminal Procedure|Chapter 38b - Crime Victims Restitution Act|Part 2 - Determination of Restitution|Section 201 - Law enforcement responsibility for collecting restitution information.

 Effective 7/1/2021  77-38b-201. Law enforcement responsibility for collecting restitution information.  A law enforcement agency investigating criminal conduct that would constitute a felony or a misdemeanor shall include all information about restitution for any potential victim in the investigative report, including information about:  (1) whether a claim for restitution exists;     (2) the basis for the claim; and     (3) the estimated or actual amount of the claim.    Enacted by Chapter 260, 2021 General Session
UT Code § 77-38b-202 (2021)
2021 Utah Code|Title 77 - Utah Code of Criminal Procedure|Chapter 38b - Crime Victims Restitution Act|Part 2 - Determination of Restitution|Section 202 - Prosecuting attorney responsibility for collecting restitution information -- Depositing restitution on behalf of victim.

 Effective 7/1/2021  77-38b-202. Prosecuting attorney responsibility for collecting restitution information -- Depositing restitution on behalf of victim.    (1) If a prosecuting attorney files a criminal charge against a defendant, the prosecuting attorney shall:   (a) contact any known victim of the offense for which the criminal charge is filed, or person asserting a claim for restitution on behalf of the victim; and     (b) gather the following information from the victim or person:   (i) the name of the victim or person; and     (ii) the actual or estimated amount of restitution.         (2)   (a) When a conviction, a diversion agreement, or a plea in abeyance is entered by the court, the prosecuting attorney shall provide the court with the information gathered by the prosecuting attorney under Subsection (1)(b).     (b) If, at the time of the plea disposition or conviction, the prosecuting attorney does not have all the information under Subsection (1)(b), the prosecuting attorney shall provide the defendant with:   (i) at the time of plea disposition or conviction, all information under Subsection (1)(b) that is reasonably available to the prosecuting attorney; and     (ii) any information under Subsection (1)(b) as the information becomes available to the prosecuting attorney.       (c) Nothing in this section shall be construed to prevent a prosecuting attorney, a victim, or a person asserting a claim for restitution on behalf of a victim from:   (i) submitting information on, or a request for, restitution to the court within the time periods described in Subsection 77-38b-205(5); or     (ii) submitting information on, or a request for, restitution for additional or substituted victims within the time periods described in Subsection 77-38b-205(5).         (3)   (a) The prosecuting attorney may be authorized by the appropriate public treasurer to deposit restitution collected on behalf of a victim into an interest-bearing account in accordance with Title 51, Chapter 7, State Money Management Act, pending the distribution of the funds to the victim.     (b) If restitution is deposited into an interest-bearing account under Subsection (3)(a), the prosecuting attorney shall:   (i) distribute any interest that accrues in the account to each victim on a pro rata basis; and     (ii) if all victims have been made whole and funds remain in the account, distribute any remaining funds to the Division of Finance, created in Section 63A-3-101, to deposit to the Utah Office for Victims of Crime.       (c) Nothing in this section prevents an independent judicial authority from collecting, holding, and distributing restitution.      Enacted by Chapter 260, 2021 General Session
UT Code § 77-38b-204 (2021)
2021 Utah Code|Title 77 - Utah Code of Criminal Procedure|Chapter 38b - Crime Victims Restitution Act|Part 2 - Determination of Restitution|Section 204 - Financial declaration by defendant.

 Effective 7/1/2021  77-38b-204. Financial declaration by defendant.    (1)   (a) The Judicial Council shall design and publish a financial declaration form to be completed by a defendant before the sentencing court establishes a payment schedule under Section 77-38b-205.     (b) The financial declaration form shall:   (i) require a defendant to disclose all assets, income, and financial liabilities of the defendant, including:   (A) real property;     (B) vehicles;     (C) precious metals or gems;     (D) jewelry with a value of $1,000 or more;     (E) other personal property with a value of $1,000 or more;     (F) the balance of any bank account and the name of the financial institution for the bank account;     (G) cash;     (H) salary, wages, commission, tips, and business income, including the name of any employer or entity from which the defendant receives a salary, wage, commission, tip, or business income;     (I) pensions and annuities;     (J) intellectual property;     (K) accounts receivable;     (L) accounts payable;     (M) mortgages, loans, and other debts; and     (N) restitution that has been ordered, and not fully paid, in other cases; and       (ii) state that a false statement made in the financial declaration form is punishable as a class B misdemeanor under Section 76-8-504.         (2) After a plea disposition or conviction has been entered but before sentencing, a defendant shall complete the financial declaration form described in Subsection (1).     (3) When a civil judgment of restitution or a civil accounts receivable is entered for a defendant on the civil judgment docket under Section 77-18-114, the court shall provide the Office of State Debt Collection with the defendant's financial declaration form.    Renumbered and Amended by Chapter 260, 2021 General Session
UT Code § 77-38b-301 (2021)
2021 Utah Code|Title 77 - Utah Code of Criminal Procedure|Chapter 38b - Crime Victims Restitution Act|Part 3 - Civil Accounts Receivables and Civil Judgments for Restitution|Section 301 - Entry of judgment -- Interest -- Civil actions -- Lien -- Delinquency.

 Effective 7/1/2021  77-38b-301. Entry of judgment -- Interest -- Civil actions -- Lien -- Delinquency.    (1) As used in this section, "judgment" means an order for:   (a) a civil judgment of restitution; or     (b) a civil accounts receivable.       (2)   (a) If the court has entered a judgment on the civil judgment docket under Section 77-18-114, the judgment is enforceable under the Utah Rules of Civil Procedure.     (b)   (i) Notwithstanding Subsection (2)(a):   (A) a judgment is an obligation that arises out of the defendant's criminal case;     (B) civil enforcement of a judgment shall be construed as a continuation of the criminal action for which the judgment arises; and     (C) a judgment is criminal in nature.       (ii) Civil enforcement of a judgment does not divest a defendant of an obligation imposed in a criminal action as part of the defendant's punishment for an offense.         (3)   (a) Notwithstanding Sections 77-18-114, 78B-2-311, and 78B-5-202, a judgment shall expire only upon payment in full, including applicable interest, collection fees, attorney fees, and liens that directly result from the judgment.     (b) Interest on a judgment may only accrue from the day on which the judgment is entered on the civil judgment docket by the court.     (c) This Subsection (3) applies to all judgments that are not paid in full on or before May 12, 2009.       (4) A judgment is considered entered on the civil judgment docket when the judgment appears on the civil judgment docket with:   (a) an amount owed by the defendant;     (b) the name of the defendant as the judgment debtor; and     (c) the name of the judgment creditors described in Subsections 77-18-114(1)(b)(iii) and (2)(b).       (5) If a civil judgment of restitution becomes delinquent, or is in default, and upon a motion from a judgment creditor, the court may order the defendant to appear and show cause why the defendant should not be held in contempt under Section 78B-6-317 for the delinquency or the default.    Enacted by Chapter 260, 2021 General Session
UT Code § 77-38b-302 (2021)
2021 Utah Code|Title 77 - Utah Code of Criminal Procedure|Chapter 38b - Crime Victims Restitution Act|Part 3 - Civil Accounts Receivables and Civil Judgments for Restitution|Section 302 - Nondischargability in bankruptcy.

 Effective 7/1/2021  77-38b-302. Nondischargability in bankruptcy.  A civil judgment of restitution and a civil accounts receivable are considered a debt from a criminal case that may not be discharged in bankruptcy. Enacted by Chapter 260, 2021 General Session