reglab/statecodes huggingface dataset:
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 32b - Criminal Accounts Receivable and Costs › Section 105 - Petition for remittance or modification of a criminal accounts receivable before termination of a sentence.

Effective 7/1/2021
77-32b-105.
Petition for remittance or modification of a criminal accounts receivable before termination of a sentence.
(1) At any time before a defendant's sentence terminates, the defendant may petition the sentencing court to:
(a) correct an error in a criminal accounts receivable;
(b) modify the payment schedule for the defendant's criminal accounts receivable in accordance with this section if the defendant is not under the jurisdiction of the board; or
(c) remit, in whole or in part, an unpaid amount of the defendant's criminal accounts receivable that is not the principal amount owed for restitution in accordance with this section.
(2) If a defendant files a petition under Subsection (1), and it appears to the satisfaction of the sentencing court that payment of an unpaid amount of a criminal accounts receivable will impose manifest hardship on the defendant, or the defendant's family, the court may:
(a) if the criminal accounts receivable is not delinquent or in default, remit, in whole or in part, the unpaid amount of the criminal accounts receivable that is not the principal amount owed for restitution; or
(b) regardless of whether the criminal accounts receivable is delinquent or in default:
(i) require the defendant to pay the criminal accounts receivable, or a specified amount of the criminal accounts receivable, by a certain date;
(ii) modify the payment schedule for the criminal accounts receivable in accordance with the factors described in Subsection 77-32b-103(3)(b) if the defendant has demonstrated that the criminal accounts receivable will impose a manifest hardship due to changed circumstances or new evidence that justifies modifying the payment schedule; or
(iii) allow the defendant to satisfy an unpaid amount of the criminal accounts receivable that is not the principal amount owed for restitution with proof of compensatory service completed by the defendant at a rate of credit not less than $10 for each hour of compensatory service.
(3)
(a) If a defendant is under the jurisdiction of the board, the defendant may petition the board, at any time before the defendant's sentence terminates, to modify the payment schedule for the defendant's criminal accounts receivable.
(b) If a defendant files a petition under Subsection (3)(a), the board may modify the payment schedule for the criminal accounts receivable in accordance with the factors described in Subsection 77-32b-103(3)(b) if the defendant has demonstrated that the criminal accounts receivable will impose a manifest hardship to the defendant, or the defendant's family, due to changed circumstances or new evidence that justifies modifying the payment schedule.
Enacted by Chapter 260, 2021 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 32b - Criminal Accounts Receivable and Costs › Section 107 - Verified statement of time and expenses of counsel for indigent defendants.

Effective 7/1/2021
77-32b-107.
Verified statement of time and expenses of counsel for indigent defendants.
The court may require a verified statement of time and expenses from appointed counsel, or the nonprofit legal aid or other association providing counsel, for a convicted indigent defendant in order to establish any cost under Section 77-32b-104 that will be included in the judgment.
Renumbered and Amended by Chapter 260, 2021 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 33 - Uniform Rendition of Prisoners as Witnesses in Criminal Proceedings Act › Section 1 - Definitions.

77-33-1.
Definitions.
As used in this act:
(1) "Witness" means a person who is confined in a penal institution in any state and whose testimony is desired in another state in any criminal proceeding or investigation by a grand jury or in any criminal action before a court.
(2) "Penal institution" includes a jail, prison, penitentiary, house of correction, or other place of penal detention; and
(3) "State" includes any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory of the United States.
Enacted by Chapter 15, 1980 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 33 - Uniform Rendition of Prisoners as Witnesses in Criminal Proceedings Act › Section 2 - Summoning prisoner in this state to testify in another state -- Certificate of out-of-state judge.

77-33-2.
Summoning prisoner in this state to testify in another state -- Certificate of out-of-state judge.
A judge of a state court of record in another state, which by its laws has made provision for commanding persons confined in penal institutions within that state to attend and testify in this state, may certify (1) that there is a criminal proceeding or investigation by a grand jury or a criminal action pending in the court, (2) that a person who is confined in a penal institution in this state may be a material witness in the proceeding, investigation, or action, and (3) that his presence will be required during a specified time. Upon presentation of the certificate to any judge having jurisdiction over the person confined, and upon notice to the attorney general, the judge in this state shall fix a time and place for a hearing and shall make an order directed to the person having custody of the prisoner requiring that the prisoner be produced before him at the hearing.
Enacted by Chapter 15, 1980 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 33 - Uniform Rendition of Prisoners as Witnesses in Criminal Proceedings Act › Section 3 - Summoning prisoner in this state to testify in another state -- Hearing -- Issuance of order to attend.

77-33-3.
Summoning prisoner in this state to testify in another state -- Hearing -- Issuance of order to attend.
If at the hearing the judge determines:
(1) that the witness may be material and necessary;
(2) that his attending and testifying are not adverse to the interest of this state or to the health or legal rights of the witness;
(3) that the laws of the state in which he is requested to testify will give him protection from arrest and the service of civil and criminal process because of any act committed prior to his arrival in the state under the order; and
(4) that as a practical matter the possibility is negligible that the witness may be subject to arrest or to the service of civil or criminal process in any state through which he will be required to pass, the judge shall issue an order, with a copy of the certificate attached:
(a) directing the witness to attend and testify;
(b) directing the person having custody of the witness to produce him, in the court where the criminal action is pending, or where the grand jury investigation is pending, at a time and place specified in the order; and
(c) prescribing such conditions as the judge shall determine.
Enacted by Chapter 15, 1980 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 33 - Uniform Rendition of Prisoners as Witnesses in Criminal Proceedings Act › Section 4 - Summoning prisoner in this state to testify in another state -- Order to provide for return, safeguards on custody, and payment of expenses.

77-33-4.
Summoning prisoner in this state to testify in another state -- Order to provide for return, safeguards on custody, and payment of expenses.
The order to the witness and to the person having custody of the witness shall provide for the return of the witness at the conclusion of his testimony, proper safeguards on his custody, and proper financial reimbursement or prepayment by the requesting jurisdiction for all expenses incurred in the production and return of the witness, and may prescribe such other conditions as the judge thinks proper or necessary. The order shall not become effective until the judge of the state requesting the witness enters an order directing compliance with the conditions prescribed.
Enacted by Chapter 15, 1980 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 33 - Uniform Rendition of Prisoners as Witnesses in Criminal Proceedings Act › Section 5 - Rendition procedure inapplicable to person confined as insane or having a mental illness or under sentence of death.

77-33-5.
Rendition procedure inapplicable to person confined as insane or having a mental illness or under sentence of death.
This act does not apply to any person in this state confined as insane or as having a mental illness or under sentence of death.
Amended by Chapter 366, 2011 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 33 - Uniform Rendition of Prisoners as Witnesses in Criminal Proceedings Act › Section 6 - Prisoner in another state summoned to testify in this state -- Certificate of judge.

77-33-6.
Prisoner in another state summoned to testify in this state -- Certificate of judge.
If a person confined in a penal institution in any state may be a material witness in a criminal action pending in a court of record or in a grand jury investigation in this state, a judge of the court may certify (1) that there is a criminal proceeding or investigation by a grand jury or a criminal action pending in the court, (2) that a person who is confined in a penal institution in another state may be a material witness in the proceeding, investigation, or action, and (3) that his presence will be required during a specified time. The certificate shall be presented to a judge of a court of record in the other state having jurisdiction over the prisoner confined, and a notice shall be given to the attorney general of the state in which the prisoner is confined.
Enacted by Chapter 15, 1980 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 33 - Uniform Rendition of Prisoners as Witnesses in Criminal Proceedings Act › Section 7 - Prisoner in another state summoned to testify in this state -- Order of compliance with terms and conditions prescribed by out-of-state judge.

77-33-7.
Prisoner in another state summoned to testify in this state -- Order of compliance with terms and conditions prescribed by out-of-state judge.
The judge of the court in this state may enter an order directing compliance with the terms and conditions prescribed by the judge of the state in which the witness is confined.
Enacted by Chapter 15, 1980 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 33 - Uniform Rendition of Prisoners as Witnesses in Criminal Proceedings Act › Section 8 - Exemption of prisoner from another state from arrest or service of process.

77-33-8.
Exemption of prisoner from another state from arrest or service of process.
If a witness from another state comes into or passes through this state under an order directing him to attend and testify in this or another state, he shall not while in this state pursuant to the order be subject to arrest or the service of process, civil or criminal, because of any act committed prior to his arrival in this state under the order.
Enacted by Chapter 15, 1980 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 33 - Uniform Rendition of Prisoners as Witnesses in Criminal Proceedings Act › Section 9 - Uniformity of interpretation.

77-33-9.
Uniformity of interpretation.
This act shall be so construed as to effectuate its general purpose to make uniform the law of those states which enact it.
Enacted by Chapter 15, 1980 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 33 - Uniform Rendition of Prisoners as Witnesses in Criminal Proceedings Act › Section 10 - Citation -- Uniform Rendition of Prisoners as Witnesses in Criminal Proceedings Act.

77-33-10.
Citation -- Uniform Rendition of Prisoners as Witnesses in Criminal Proceedings Act.
This act may be cited as the "Uniform Rendition of Prisoners as Witnesses in Criminal Proceedings Act."
Enacted by Chapter 15, 1980 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 34 - Uniform Interstate Furlough Compact › Section 2 - Definitions.

77-34-2.
Definitions.
As used in this compact:
(1) "State" means a state in the United States, the United States of America, a territory or possession of the United States, the District of Columbia, and the Commonwealth of Puerto Rico;
(2) "Sending state" means a state which is party to this compact in which conviction or commitment was had except if confinement be in another state, pursuant to the Interstate Corrections Compact, in which event the sending state shall be determined by contract between the parties of the Interstate Corrections Compact agreement;
(3) "Receiving state" means a state which is party to this compact to which an inmate is sent for furlough;
(4) "Institution" means a penal or correctional facility, including all those facilities normally used by adult correctional agencies for the care and custody of inmates whether or not such facilities are owned or operated by the agencies;
(5) "Relative" means spouse, child (including stepchild, adopted child, or foster child), parents (including stepparents, adoptive parents, or foster parents), brothers, sisters, and grandparents;
(6) "Interstate furlough" means any out-of-state leave of an inmate for a designated period in accordance with the requirements established by the appropriate officials of the sending state;
(7) "Appropriate official" means a person designated by the sending state to grant furloughs or by the receiving state to accept or reject furloughs pursuant to this compact;
(8) "Authorized person" means a person designated by law or appointment for purposes of escorting, transferring, or retaining a furloughed inmate;
(9) "Medical emergency" means any illness, injury, incapacity, or condition, physical or mental, of such a nature and gravity that timely and immediate treatment of and attention to the illness is required to prevent permanent injury, substantial harm, or death, and which cannot be adequately treated or attended to, in a timely manner, by the sending state;
(10) "Escorted interstate furlough" means the transference of an inmate in emergency situations, who does not meet the furlough requirements of the sending state to a state which is party to the compact under escort or guard of an authorized person of the sending state;
(11) "Escapee" means an inmate who is on interstate furlough, pursuant to this compact, and fails to return at the prescribed time to the sending state or becomes a known absconder during the period of his furlough; and
(12) "Violator" means an inmate who is on interstate furlough in the receiving state, pursuant to this compact, and fails to abide by the conditions of the furlough as established by the sending state.
Enacted by Chapter 15, 1980 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 34 - Uniform Interstate Furlough Compact › Section 4 - Duties of officials in nonemergency and emergency cases.

77-34-4.
Duties of officials in nonemergency and emergency cases.
(1) In nonemergency situations, the appropriate official of the sending state shall notify the appropriate official of the receiving state in writing 30 days prior to the granting of the furlough, requesting the receiving state to investigate the circumstances of the proposed furlough plan. In these circumstances, the receiving state shall respond in writing within 10 days prior to the proposed furlough either accepting the inmate or stating the reasons for the rejection.
(2) In emergency circumstances, as defined in Subsection 77-34-3(3)(a), the appropriate official of the sending state shall, prior to granting such furlough:
(a) verify the legitimacy of the request; and
(b) upon verification, immediately notify and secure the consent of the receiving state.
Enacted by Chapter 15, 1980 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 34 - Uniform Interstate Furlough Compact › Section 5 - Contracts supplemental to compact authorized.

77-34-5.
Contracts supplemental to compact authorized.
The appropriate official of a party state may supplement but in no way abrogate the provisions of this compact through one or more contracts with any other party state for the furlough of inmates. The contracts may provide for:
(1) Duration;
(2) Terms and conditions of the furlough;
(3) Report of violations and escapes by furloughees;
(4) Costs, if any, to be incurred;
(5) Delivery and retaining of furloughees; and
(6) Other matters as may be necessary and appropriate to fix the jurisdictions, obligations, responsibilities, liabilities, and rights of the sending and receiving states.
Enacted by Chapter 15, 1980 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 34 - Uniform Interstate Furlough Compact › Section 7 - Costs and expenses.

77-34-7.
Costs and expenses.
(1) Costs arising out of a grant of a furlough for transportation, lodgings, meals, and other related expenses shall be the sole responsibility of the furloughee; however, in the event that the furloughee is financially unable to pay for these expenses, such costs may be assumed by the sending state.
(2) Extraordinary costs, other than those specified in Subsection (1) arising from the grant of furlough among party states shall be the sole responsibility of the sending state. Such costs will generally be confined to emergency medical and special confinement and transportation needs.
Enacted by Chapter 15, 1980 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 34 - Uniform Interstate Furlough Compact › Section 8 - Effect of execution of compact between states -- Renunciation of compact.

77-34-8.
Effect of execution of compact between states -- Renunciation of compact.
The contracting states solemnly agree:
(1) That this compact shall become operative immediately upon its execution by any state as between it and any other state or states so executing. When executed it shall have the full force and effect of law within such state, the form of execution to be in accordance with the laws of the executing state; and
(2) That this compact shall continue in force and remain binding upon each executing state until renounced by it. The duties and obligations hereunder of a renouncing state shall continue as to furloughees residing therein at the time of withdrawal until retaken or finally discharged by the sending state. Renunciation of this compact shall be by the same authority which executed it, by sending a six-month notice in writing of its intention to withdraw from the compact to the other states party hereto.
Enacted by Chapter 15, 1980 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 36 - Cohabitant Abuse Procedures Act › Section 1.2 - Acceptance of a plea of guilty or no contest to domestic violence -- Restrictions.

Effective 5/5/2021
77-36-1.2.
Acceptance of a plea of guilty or no contest to domestic violence -- Restrictions.
(1) Before agreeing to a plea of guilty or no contest, the prosecutor shall examine the criminal history of the perpetrator.
(2) An entry of a plea of guilty or no contest to a domestic violence offense is invalid unless the prosecutor agrees to the plea:
(a) in open court;
(b) in writing; or
(c) by another means of communication that the court finds adequate to record the prosecutor's agreement.
Amended by Chapter 159, 2021 General Session
Amended by Chapter 213, 2021 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 36 - Cohabitant Abuse Procedures Act › Section 2.3 - Law enforcement officer's training.

77-36-2.3.
Law enforcement officer's training.
All training of law enforcement officers relating to domestic violence shall stress protection of the victim, enforcement of criminal laws in domestic situations, and the availability of community shelters, services, and resources. Law enforcement agencies and community organizations with expertise in domestic violence shall cooperate in all aspects of that training.
Enacted by Chapter 300, 1995 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 36 - Cohabitant Abuse Procedures Act › Section 2.4 - Violation of a protective order -- Mandatory arrest -- Penalties.

Effective 7/1/2020
77-36-2.4.
Violation of a protective order -- Mandatory arrest -- Penalties.
(1) A law enforcement officer shall arrest an alleged perpetrator for a violation of any of the provisions of an ex parte protective order or protective order in accordance with Section 78B-7-119.
(2) A violation of a protective order is punishable in accordance with Section 76-5-108.
Amended by Chapter 142, 2020 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 36 - Cohabitant Abuse Procedures Act › Section 2.6 - Appearance required -- Considerations by court.

Effective 5/5/2021
77-36-2.6.
Appearance required -- Considerations by court.
(1) An alleged perpetrator who is arrested for an offense involving domestic violence shall appear in person or by video before the court or a magistrate within one judicial day after the day on which the arrest is made.
(2) An alleged perpetrator who is charged by citation, indictment, or information with an offense involving domestic violence but has not been arrested, shall appear before the court in person for arraignment or initial appearance as soon as practicable, but no later than 14 days after the next day on which court is in session following the issuance of the citation or the filing of the indictment or information.
(3) At the time of an appearance under Subsection (1) or (2), the court shall consider imposing a pretrial protective order in accordance with Section 78B-7-803.
(4) Appearances required by this section are mandatory and may not be waived.
Amended by Chapter 159, 2021 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 36 - Cohabitant Abuse Procedures Act › Section 2.7 - Dismissal -- Diversion prohibited -- Plea in abeyance -- Pretrial protective order.

Effective 5/5/2021
77-36-2.7.
Dismissal -- Diversion prohibited -- Plea in abeyance -- Pretrial protective order.
(1) Because of the serious nature of domestic violence, the court, in domestic violence actions:
(a) may not dismiss any charge or delay disposition because of concurrent divorce or other civil proceedings;
(b) may not require proof that either party is seeking a dissolution of marriage before instigation of criminal proceedings;
(c) shall waive any requirement that the victim's location be disclosed other than to the alleged perpetrator's attorney and order the alleged perpetrator's attorney not to disclose the victim's location to the client;
(d) shall identify, on the docket sheets, the criminal actions arising from acts of domestic violence; and
(e) may hold a plea in abeyance, in accordance with the provisions of Chapter 2a, Pleas in Abeyance, making treatment or any other requirement for the alleged perpetrator a condition of that status.
(2) When the court holds a plea in abeyance in accordance with Subsection (1)(e), the case against a perpetrator of domestic violence may be dismissed only if the perpetrator successfully completes all conditions imposed by the court. If the perpetrator fails to complete any condition imposed by the court under Subsection (1)(e), the court may accept the perpetrator's plea.
(3) When an alleged perpetrator is charged with a crime involving a qualifying offense, as defined in Section 78B-7-801, the court may, during any court hearing where the alleged perpetrator is present, issue a pretrial protective order in accordance with Section 78B-7-803.
(4)
(a) When a court dismisses criminal charges or a prosecutor moves to dismiss charges against an alleged perpetrator of a domestic violence offense, the specific reasons for dismissal shall be recorded in the court file and made a part of any related order or agreement on the statewide domestic violence network described in Section 78B-7-113.
(b) The court shall transmit the dismissal to the statewide domestic violence network.
(c) Any pretrial protective orders, including jail release court orders and jail release agreements, related to the dismissed domestic violence criminal charge shall also be dismissed.
(5) The court may not approve diversion for a perpetrator of domestic violence.
Amended by Chapter 159, 2021 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 36 - Cohabitant Abuse Procedures Act › Section 5 - Sentencing -- Restricting contact with victim -- Electronic monitoring -- Counseling -- Cost assessed against perpetrator -- Sentencing protective order -- Continuous protective order.

Effective 9/1/2022
77-36-5.
Sentencing -- Restricting contact with victim -- Electronic monitoring -- Counseling -- Cost assessed against perpetrator -- Sentencing protective order -- Continuous protective order.
(1) When a perpetrator is found guilty of a crime involving domestic violence and a condition of the sentence restricts the perpetrator's contact with the victim, a sentencing protective order may be issued under Section 78B-7-804 for the length of the perpetrator's probation or a continuous protective order may be issued under Section 78B-7-804.
(2) In determining the court's sentence, the court, in addition to penalties otherwise provided by law, may require the perpetrator to participate in an electronic or other type of monitoring program.
(3) The court may also require the perpetrator to pay all or part of the costs of counseling incurred by the victim and any children affected by or exposed to the domestic violence offense, as well as the costs for the perpetrator's own counseling.
(4) The court shall:
(a) assess against the perpetrator, as restitution, any costs for services or treatment provided to the victim and affected child of the victim or the perpetrator by the Division of Child and Family Services under Section 80-2-301; and
(b) order those costs to be paid directly to the division or its contracted provider.
(5) The court may order the perpetrator to obtain and satisfactorily complete treatment or therapy in a domestic violence treatment program, as defined in Section 26B-2-101, that is licensed by the Department of Human Services.
Amended by Chapter 335, 2022 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 36 - Cohabitant Abuse Procedures Act › Section 5.1 - Conditions of probation for domestic violence offense.

Effective 5/5/2021
77-36-5.1.
Conditions of probation for domestic violence offense.
(1) Before a perpetrator who is convicted or adjudicated of a domestic violence offense may be placed on probation, the court shall consider the safety and protection of the victim and any member of the victim's family or household.
(2) The court may condition probation or a plea in abeyance on the perpetrator's compliance with one or more orders of the court, which may include:
(a) a sentencing protective order issued under Section 78B-7-804;
(b) prohibiting the perpetrator from possessing or consuming alcohol or controlled substances;
(c) prohibiting the perpetrator from purchasing, using, or possessing a firearm or other specified weapon;
(d) directing the perpetrator to surrender any weapons the perpetrator owns or possesses;
(e) directing the perpetrator to participate in and complete, to the satisfaction of the court, a program of intervention for perpetrators, treatment for alcohol or substance abuse, or psychiatric or psychological treatment;
(f) directing the perpetrator to pay restitution to the victim, enforcement of which shall be in accordance with Chapter 38b, Crime Victims Restitution Act; and
(g) imposing any other condition necessary to protect the victim and any other designated family or household member or to rehabilitate the perpetrator.
(3) The perpetrator is responsible for the costs of any condition of probation, according to the perpetrator's ability to pay.
(4)
(a) Adult Probation and Parole, or other provider, shall immediately report to the court and notify the victim of any offense involving domestic violence committed by the perpetrator, the perpetrator's failure to comply with any condition imposed by the court, and any violation of a sentencing protective order issued by the court under Section 78B-7-804.
(b) Notification of the victim under Subsection (4)(a) shall consist of a good faith reasonable effort to provide prompt notification, including mailing a copy of the notification to the last-known address of the victim.
(5) In addition to a protective order issued under this section, the court may issue a separate order relating to the transfer of a wireless telephone number in accordance with Section 78B-7-117.
Amended by Chapter 159, 2021 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 36 - Cohabitant Abuse Procedures Act › Section 6 - Enforcement of orders.

Effective 7/1/2020
77-36-6.
Enforcement of orders.
(1) Each law enforcement agency in this state shall enforce all orders of the court issued under the requirements and procedures described in this chapter, and shall enforce:
(a) all protective orders and ex parte protective orders issued under Title 78B, Chapter 7, Part 6, Cohabitant Abuse Protective Orders;
(b) pretrial protective orders issued under Section 78B-7-803 and sentencing protective orders and continuous protective orders issued under Section 78B-7-804; and
(c) all foreign protection orders enforceable under Title 78B, Chapter 7, Part 3, Uniform Interstate Enforcement of Domestic Violence Protection Orders Act.
(2) The requirements of this section apply statewide, regardless of the jurisdiction in which the order was issued or the location of the victim or the perpetrator.
Amended by Chapter 142, 2020 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 36 - Cohabitant Abuse Procedures Act › Section 7 - Prosecutor to notify victim of decision as to prosecution.

77-36-7.
Prosecutor to notify victim of decision as to prosecution.
(1) The prosecutor who is responsible for making the decision of whether to prosecute a case shall advise the victim, if the victim has requested notification, of the status of the victim's case and shall notify the victim of a decision within five days after the decision has been made.
(2) Notification to the victim that charges will not be filed against an alleged perpetrator shall include a description of the procedures available to the victim in that jurisdiction for initiation of criminal and other protective proceedings.
Amended by Chapter 244, 1996 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 36 - Cohabitant Abuse Procedures Act › Section 8 - Peace officers' immunity from liability.

77-36-8.
Peace officers' immunity from liability.
A peace officer may not be held liable in any civil action brought by a party to an incident of domestic violence for making or failing to make an arrest or for issuing or failing to issue a citation in accordance with this chapter, for enforcing in good faith an order of the court, or for acting or omitting to act in any other way in good faith under this chapter, in situations arising from an alleged incident of domestic violence.
Amended by Chapter 300, 1995 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 36 - Cohabitant Abuse Procedures Act › Section 9 - Severability clause.

77-36-9.
Severability clause.
If any provision of this chapter or its application to any person or circumstance is held invalid, the remainder of the chapter or the application of the provision to other persons or circumstances is not affected.
Enacted by Chapter 114, 1983 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 36 - Cohabitant Abuse Procedures Act › Section 10 - Authority to prosecute class A misdemeanor violations.

77-36-10.
Authority to prosecute class A misdemeanor violations.
Alleged class A misdemeanor violations of this chapter may be prosecuted by city attorneys.
Enacted by Chapter 244, 1996 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 37 - Victims' Rights › Section 1 - Legislative intent.

77-37-1.
Legislative intent.
(1) The Legislature recognizes the duty of victims and witnesses of crime to fully and voluntarily cooperate with law enforcement and prosecutorial agencies, the essential nature of citizen cooperation to state and local law enforcement efforts, and the general effectiveness and well-being of the criminal justice system of this state. In this chapter, the Legislature declares its intent to ensure that all victims and witnesses of crime are treated with dignity, respect, courtesy, and sensitivity, and that the rights extended in this chapter to victims and witnesses of crime are honored and protected by law in a manner no less vigorous than protections afforded criminal defendants.
(2) The Legislature finds it is necessary to provide child victims and child witnesses with additional consideration and different treatment than that usually afforded to adults. The treatment should ensure that children's participation in the criminal justice process be conducted in the most effective and least traumatic, intrusive, or intimidating manner.
Enacted by Chapter 194, 1987 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 37 - Victims' Rights › Section 2 - Definitions.

77-37-2.
Definitions.
In this chapter:
(1) "Child" means a person who is younger than 18 years of age, unless otherwise specified in statute. The rights to information as extended in this chapter also apply to the parents, custodian, or legal guardians of children.
(2) "Family member" means spouse, child, sibling, parent, grandparent, or legal guardian.
(3) "Victim" means a person against whom a crime has allegedly been committed, or against whom an act has allegedly been committed by a juvenile or incompetent adult, which would have been a crime if committed by a competent adult.
(4) "Witness" means any person who has been subpoenaed or is expected to be summoned to testify for the prosecution or who by reason of having relevant information is subject to call or likely to be called as a witness for the prosecution, whether any action or proceeding has commenced.
Enacted by Chapter 194, 1987 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 37 - Victims' Rights › Section 5 - Remedies -- District Victims' Rights Committee.

Effective 5/3/2023
77-37-5.
Remedies -- District Victims' Rights Committee.
(1) In each judicial district, the Utah Council on Victims of Crime, established in Section 63M-7-601, shall appoint a person who shall chair a judicial district victims' rights committee consisting of:
(a) a county attorney or district attorney;
(b) a sheriff;
(c) a corrections field services administrator;
(d) an appointed victim advocate;
(e) a municipal attorney;
(f) a municipal chief of police; and
(g) other representatives as appropriate.
(2) The committee shall meet at least semiannually to review progress and problems related to this chapter, Title 77, Chapter 38, Crime Victims, Title 77, Chapter 38b, Crime Victims Restitution Act, and Utah Constitution Article I, Section 28. Victims and other interested parties may submit matters of concern to the victims' rights committee. The committee may hold a hearing open to the public on any appropriate matter of concern and may publish its findings. These matters shall also be considered at the meetings of the victims' rights committee. The committee shall forward minutes of all meetings to the Utah Council on Victims of Crime for review and other appropriate action.
(3) If a victims' rights committee is unable to resolve a complaint, it may refer the complaint to the Utah Council on Victims of Crime.
(4) The Utah Office for Victims of Crime shall provide materials to local law enforcement to inform every victim of a sexual offense of the right to request testing of the convicted sexual offender and of the victim as provided in Section 53-10-802.
(5)
(a) 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 may be brought against the individual and the government entity that employs the individual.
(b) For all other violations, if the committee finds a violation of a victim's right, it shall refer the matter to the appropriate court for further proceedings consistent with Subsection 77-38-11(2).
(c) The failure to provide the rights in this chapter or Title 77, Chapter 38, Crime Victims, does 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.
(6) The person accused of and subject to prosecution for the crime or the act which would be a crime if committed by a competent adult, has no standing to make a claim concerning any violation of the provisions of this chapter.
Amended by Chapter 237, 2023 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 38 - Crime Victims › Part 1 - General Provisions › Section 5 - Application to felonies and misdemeanors of the declaration of the rights of crime victims.

Effective 9/1/2021
77-38-5.
Application to felonies and misdemeanors of the declaration of the rights of crime victims.
The provisions of this chapter shall apply to:
(1) any felony filed in the courts of the state;
(2) to any class A and class B misdemeanor filed in the courts of the state; and
(3) to cases in the juvenile court as provided in Section 80-6-604.
Amended by Chapter 262, 2021 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 38 - Crime Victims › Part 1 - General Provisions › Section 6 - Victim's right to privacy.

77-38-6.
Victim's right to privacy.
(1) The victim of a crime has the right, at any court proceeding, including any juvenile court proceeding, not to testify regarding the victim's address, telephone number, place of employment, or other locating information unless the victim specifically consents or the court orders disclosure on finding that a compelling need exists to disclose the information. A court proceeding on whether to order disclosure shall be in camera.
(2) A defendant may not compel any witness to a crime, at any court proceeding, including any juvenile court proceeding, to testify regarding the witness's address, telephone number, place of employment, or other locating information unless the witness specifically consents or the court orders disclosure on finding that a compelling need for the information exists. A court proceeding on whether to order disclosure shall be in camera.
Amended by Chapter 16, 2023 General Session
Amended by Chapter 237, 2023 General Session
Amended by Chapter 352, 1995 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 38 - Crime Victims › Part 1 - General Provisions › Section 7 - Victim's right to a speedy trial.

77-38-7.
Victim's right to a speedy trial.
(1) In determining a date for any criminal trial or other important criminal or juvenile justice hearing, the court shall consider the interests of the victim of a crime to a speedy resolution of the charges under the same standards that govern a defendant's or minor's right to a speedy trial.
(2) The victim of a crime has the right to a speedy disposition of the charges free from unwarranted delay caused by or at the behest of the defendant or minor and to prompt and final conclusion of the case after the disposition or conviction and sentence, including prompt and final conclusion of all collateral attacks on dispositions or criminal judgments.
(3)
(a) In ruling on any motion by a defendant or minor to continue a previously established trial or other important criminal or juvenile justice hearing, the court shall inquire into the circumstances requiring the delay and consider the interests of the victim of a crime to a speedy disposition of the case.
(b) If a continuance is granted, the court shall enter in the record the specific reason for the continuance and the procedures that have been taken to avoid further delays.
Amended by Chapter 352, 1995 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 38 - Crime Victims › Part 1 - General Provisions › Section 8 - Age-appropriate language at judicial proceedings -- Advisor.

77-38-8.
Age-appropriate language at judicial proceedings -- Advisor.
(1) In any criminal proceeding or juvenile court proceeding regarding or involving a child, examination and cross-examination of a victim or witness 13 years of age or younger shall be conducted in age-appropriate language.
(2)
(a) The court may appoint an advisor to assist a witness 13 years of age or younger in understanding questions asked by counsel.
(b) The advisor is not required to be an attorney.
Amended by Chapter 352, 1995 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 38 - Crime Victims › Part 1 - General Provisions › Section 9 - Representative of victim -- Court designation -- Representation in cases involving minors -- Photographs in homicide cases.

Effective 5/13/2014
77-38-9.
Representative of victim -- Court designation -- Representation in cases involving minors -- Photographs in homicide cases.
(1)
(a) A victim of a crime may designate, with the approval of the court, a representative who may exercise the same rights that the victim is entitled to exercise under this chapter, including pursuing restitution.
(b) Except as otherwise provided in this section, the victim may revoke the designation at any time.
(c) In cases where the designation is in question, the court may require that the designation of the representative be made in writing by the victim.
(2) In cases in which the victim is deceased or incapacitated, upon request from the victim's spouse, parent, child, or close friend, the court shall designate a representative or representatives of the victim to exercise the rights of a victim under this chapter on behalf of the victim. The responsible prosecuting agency may request a designation to the court.
(3)
(a) If the victim is a minor, the court in its discretion may allow the minor to exercise the rights of a victim under this chapter or may allow the victim's parent or other immediate family member to act as a representative of the victim.
(b) The court may also, in its discretion, designate a person who is not a member of the immediate family to represent the interests of the minor.
(4) The representative of a victim of a crime shall not be:
(a) the accused or a person who appears to be accountable or otherwise criminally responsible for or criminally involved in the crime or conduct, a related crime or conduct, or a crime or act arising from the same conduct, criminal episode, or plan as the crime or conduct is defined under the laws of this state;
(b) a person in the custody of or under detention of federal, state, or local authorities; or
(c) a person whom the court in its discretion considers to be otherwise inappropriate.
(5) Any notices that are to be provided to a victim pursuant to this chapter shall be sent to the victim or the victim's lawful representative.
(6) On behalf of the victim, the prosecutor may assert any right to which the victim is entitled under this chapter, unless the victim requests otherwise or exercises his own rights.
(7) In any homicide prosecution, the prosecution may introduce a photograph of the victim taken before the homicide to establish that the victim was a human being, the identity of the victim, and for other relevant purposes.
Amended by Chapter 244, 2014 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 38 - Crime Victims › Part 1 - General Provisions › Section 10 - Victim's discretion.

77-38-10.
Victim's discretion.
(1)
(a) The victim may exercise any rights under this chapter at his discretion to be present and to be heard at a court proceeding, including a juvenile delinquency proceeding.
(b) The absence of the victim at the court proceeding does not preclude the court from conducting the proceeding.
(2) A victim shall not refuse to comply with an otherwise lawful subpoena under this chapter.
(3) A victim shall not prevent the prosecution from complying with requests for information within a prosecutor's possession and control under this chapter.
Amended by Chapter 352, 1995 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 38 - Crime Victims › Part 1 - General Provisions › Section 12 - Construction of this chapter -- No right to set aside conviction, adjudication, admission, or plea -- Severability clause.

77-38-12.
Construction of this chapter -- No right to set aside conviction, adjudication, admission, or plea -- Severability clause.
(1) All of the provisions contained in this chapter shall be construed to assist the victims of crime.
(2) This chapter may not be construed as creating a basis for dismissing any criminal charge or delinquency petition, vacating any adjudication or conviction, admission or plea of guilty or no contest, or for a defendant to obtain appellate, habeas corpus, or other relief from a judgment in any criminal or delinquency case.
(3) This chapter may not be construed as creating any right of a victim to appointed counsel at state expense.
(4) All of the rights contained in this chapter shall be construed to conform to the Constitution of the United States.
(5)
(a) In the event that any portion of this chapter is found to violate the Constitution of the United States, the remaining provisions of this chapter shall continue to operate in full force and effect.
(b) In the event that a particular application of any portion of this chapter is found to violate the Constitution of the United States, all other applications shall continue to operate in full force and effect.
(6) The enumeration of certain rights for crime victims in this chapter shall not be construed to deny or disparage other rights granted by the Utah Constitution or the Legislature or retained by victims of crimes.
Amended by Chapter 120, 2009 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 38 - Crime Victims › Part 1 - General Provisions › Section 13 - Declaration of legislative authority.

77-38-13.
Declaration of legislative authority.
It is the view of the Legislature that the provisions of this chapter, and other provisions enacted simultaneously with it, are substantive provisions within inherent legislative authority. In the event that any of the provisions of this chapter, and other provisions enacted simultaneously with it, are interpreted to be procedural in nature, the Legislature also intends to invoke its powers to modify procedural rules under the Utah Constitution.
Enacted by Chapter 198, 1994 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 38 - Crime Victims › Part 1 - General Provisions › Section 14 - Notice of expungement petition -- Victim's right to object.

Effective 10/1/2023
77-38-14.
Notice of expungement petition -- Victim's right to object.
(1)
(a) The Department of Corrections or the Juvenile Probation Department shall prepare a document explaining the right of a victim or a victim's representative to object to a petition for expungement under Section 77-40a-305 or 80-6-1004.1 and the procedures for obtaining notice of the petition.
(b) The department or division shall provide each trial court a copy of the document that has jurisdiction over delinquencies or criminal offenses subject to expungement.
(2) The prosecuting attorney in any case leading to a conviction, a charge dismissed in accordance with a plea in abeyance agreement, or an adjudication subject to expungement, shall provide a copy of the document to each person who would be entitled to notice of a petition for expungement under Sections 77-40a-305 and 80-6-1004.1.
Amended by Chapter 115, 2023 General Session