reglab/statecodes huggingface dataset:
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 38 - Crime Victims › Part 1 - General Provisions › Section 15 - Civil action against human traffickers and human smugglers.

Effective 5/4/2022
77-38-15.
Civil action against human traffickers and human smugglers.
(1) A victim of a person that commits any of the following offenses may bring a civil action against that person:
(a) human trafficking for labor under Section 76-5-308;
(b) human trafficking for sexual exploitation under Section 76-5-308.1;
(c) human smuggling under Section 76-5-308.3;
(d) human trafficking of a child under Section 76-5-308.5;
(e) aggravated human trafficking under Section 76-5-310;
(f) aggravated human smuggling under Section 76-5-310.1; or
(g) benefitting from human trafficking under Section 76-5-309.
(2)
(a) The court may award actual damages, compensatory damages, punitive damages, injunctive relief, or any other appropriate relief.
(b) The court may award treble damages on proof of actual damages if the court finds that the person's acts were willful and malicious.
(3) In an action under this section, the court shall award a prevailing victim reasonable attorney fees and costs.
(4) An action under this section shall be commenced no later than 10 years after the later of:
(a) the day on which the victim was freed from the human trafficking or human smuggling situation;
(b) the day on which the victim attains 18 years old; or
(c) if the victim was unable to bring an action due to a disability, the day on which the victim's disability ends.
(5) The time period described in Subsection (4) is tolled during a period of time when the victim fails to bring an action due to the person:
(a) inducing the victim to delay filing the action;
(b) preventing the victim from filing the action; or
(c) threatening and causing duress upon the victim in order to prevent the victim from filing the action.
(6) The court shall offset damages awarded to the victim under this section by any restitution paid to the victim under Title 77, Chapter 38b, Crime Victims Restitution Act.
(7) A victim may bring an action described in this section in any court of competent jurisdiction where:
(a) a violation described in Subsection (1) occurred;
(b) the victim resides; or
(c) the person that commits the offense resides or has a place of business.
(8) If the victim is deceased or otherwise unable to represent the victim's own interests in court, a legal guardian, family member, representative of the victim, or court appointee may bring an action under this section on behalf of the victim.
(9) This section does not preclude any other remedy available to the victim under the laws of this state or under federal law.
Amended by Chapter 430, 2022 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 38 - Crime Victims › Part 2 - Confidential Communications for Sexual Assault Act › Section 202 - Purpose.

77-38-202.
Purpose.
It is the purpose of this act to enhance and promote the mental, physical and emotional recovery of victims of sexual assault and to protect the information given by victims to sexual assault counselors from being disclosed.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 38 - Crime Victims › Part 2 - Confidential Communications for Sexual Assault Act › Section 203 - Definitions.

Effective 5/3/2023
77-38-203.
Definitions.
As used in this part:
(1) "Confidential communication" means information given to a sexual assault counselor by a victim and includes reports or working papers made in the course of the counseling relationship.
(2)
(a) "Rape crisis and services center" means a nonprofit entity that assists victims of sexual assault and victims' families by offering sexual assault crisis intervention and counseling through a sexual assault counselor.
(b) "Rape crisis and services center" does not include a qualified institutional victim services provider as defined in Section 53B-28-201.
(3) "Sexual assault counselor" means an individual who:
(a) is employed by or volunteers at a rape crisis and services center;
(b) has a minimum of 40 hours of training in counseling and assisting victims of sexual assault; and
(c) is under the supervision of the director or designee of a rape crisis and services center.
(4) "Victim" means an individual who has experienced a sexual assault of whatever nature including incest and rape and requests counseling or assistance regarding the mental, physical, and emotional consequences of the sexual assault.
Amended by Chapter 99, 2023 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 38 - Crime Victims › Part 2 - Confidential Communications for Sexual Assault Act › Section 204 - Disclosure of confidential communications.

Effective 5/3/2023
77-38-204.
Disclosure of confidential communications.
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 80, Chapter 2, Child Welfare Services, or Title 80, Chapter 2a, Removal and Protective Custody of a Child, to report information transmitted in the confidential communication.
Amended by Chapter 99, 2023 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 38 - Crime Victims › Part 3 - Profits from Notorious Criminal Activity Act › Section 302 - Definitions.

Effective 5/3/2023
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 condition 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 184, 2023 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 38 - Crime Victims › 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
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 38 - Crime Victims › 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
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 38 - Crime Victims › 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
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 38 - Crime Victims › 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
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 38 - Crime Victims › 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
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 38 - Crime Victims › Part 5 - Victims Guidelines for Prosecutors Act › Section 502 - Definitions.

Effective 5/12/2020
Superseded 7/1/2024
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
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 38 - Crime Victims › Part 5 - Victims Guidelines for Prosecutors Act › Section 502 - Definitions.

Effective 7/1/2024
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 described 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.
Amended by Chapter 394, 2023 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 38 - Crime Victims › Part 6 - Safe at Home Program › Section 602 - Creation -- Commission responsibilities.

Effective 5/3/2023
77-38-602.
Creation -- Commission responsibilities.
(1) There is created the Safe at Home Program within the commission.
(2) Under the program, the commission shall:
(a) designate, train, and manage program assistants;
(b) develop, distribute, and process application forms and related materials for the program;
(c) designate an assigned address for a program participant to be used by the program participant and a state or local government entity; and
(d) receive mail sent to a program participant's assigned address, forward the mail to the program participant's actual address at the commission's expense, and track and maintain records for all mail received.
Amended by Chapter 237, 2023 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 38 - Crime Victims › Part 6 - Safe at Home Program › Section 603 - Eligibility.

Effective 1/1/2023
77-38-603.
Eligibility.
(1) An applicant is eligible to participate in the program if the applicant attests that the applicant:
(a) is a resident of this state;
(b)
(i) is a victim;
(ii) is a parent or a guardian of an individual who:
(A) is a victim; and
(B) resides at the same address as the parent or guardian;
(iii) resides at the same address where a victim resides; or
(iv) fears for the applicant's physical safety, or for the physical safety of a minor or incapacitated individual residing at the same address as the applicant, from a threat of abuse, domestic violence, human trafficking, stalking, or sexual assault;
(c)
(i) resided at a residential address that was known by an assailant and relocated within the past 90 days to a different residential address that is not known by the assailant;
(ii) resides at a residential address known by the assailant and intends to relocate within 90 days to a different residential address in the state that is not known by the assailant; or
(iii) resides at a residential address that is not known by the assailant;
(d) will not disclose the different residential address to the assailant; and
(e) will benefit from participation in the program.
(2) An applicant may participate in the program regardless of whether:
(a) a criminal charge is filed against an assailant;
(b) the applicant has a restraining order or injunction against an assailant; or
(c) the applicant reported an act or threat by an assailant to a law enforcement agency or officer.
(3) An applicant may participate in the program only upon the recommendation of a program assistant.
(4) To participate in the program:
(a) an applicant shall sign, date, and verify the information on an application; and
(b) the commission shall verify the applicant's current residential address as provided on the application.
(5) A parent or guardian may act on behalf of a minor or an incapacitated individual in determining whether the minor or the incapacitated individual is eligible for the program.
Enacted by Chapter 215, 2022 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 38 - Crime Victims › Part 6 - Safe at Home Program › Section 604 - Designation of program assistants.

Effective 1/1/2023
77-38-604.
Designation of program assistants.
(1) The commission may designate as a program assistant, an individual that:
(a)
(i) is an employee of the commission or a state or local government entity; or
(ii) is a volunteer for an organization that provides counseling, assistance, or support services at no charge to victims; and
(b)
(i) provides counseling, referrals, or other services to victims; and
(ii) completes any training or registration process required by the commission.
(2) A program assistant shall:
(a) assist an applicant in preparing an application for the program; and
(b) sign, date, and verify an application for the program.
(3) A signature of a program assistant is a recommendation by the program assistant that the applicant is eligible to participate in the program under Section 77-38-603.
Enacted by Chapter 215, 2022 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 38 - Crime Victims › Part 6 - Safe at Home Program › Section 606 - Enrollment of a program participant.

Effective 1/1/2023
77-38-606.
Enrollment of a program participant.
(1)
(a) Within five business days after the day on which the commission grants enrollment to a program participant, the commission shall issue the program participant:
(i) an assigned address;
(ii) an authorization card; and
(iii) a notification form.
(b) An authorization card is valid while the program participant is enrolled in the program.
(2) A program participant is enrolled in the program for four years beginning on the day on which the enrollment is granted, unless the enrollment is withdrawn, or is cancelled under Section 77-38-617, before the end of the four-year period.
(3) A program participant may withdraw from the program by filing a request for withdrawal with the commission that is acknowledged before a notary public.
(4)
(a) A program participant may renew enrollment by filing a renewal application with the commission at least 30 days before the day on which enrollment in the program will expire.
(b) The applicant shall date, sign, and verify the renewal application.
(c) The renewal application shall contain:
(i) all statements or information required by Subsection 77-38-605(3) that have changed from the original application or a prior renewal application;
(ii) a statement by the applicant that the applicant, or a minor or an incapacitated individual residing at the same address as the applicant, will continue to benefit from participation in the program; and
(iii) a statement by the applicant, under penalty of perjury, that the information contained in the renewal application is true.
Enacted by Chapter 215, 2022 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 38 - Crime Victims › Part 6 - Safe at Home Program › Section 607 - Use of assigned address -- Release of information.

Effective 5/3/2023
77-38-607.
Use of assigned address -- Release of information.
(1) The commission shall forward all mail that the office receives at the assigned address for a program participant to the program participant's actual address.
(2) The commission shall provide, at the request of a program participant or a state or local government entity, confirmation of an individual's status as a program participant.
(3) Except as provided in Sections 77-38-611, 77-38-612, and 77-38-613, the commission may not disclose a program participant's actual address to any person.
Amended by Chapter 237, 2023 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 38 - Crime Victims › Part 6 - Safe at Home Program › Section 608 - Use of assigned address -- Confidentiality.

Effective 5/3/2023
77-38-608.
Use of assigned address -- Confidentiality.
(1) A program participant may use the assigned address provided to the program participant to receive mail as provided in Subsection 77-38-602(2).
(2)
(a) A state or local government entity may not refuse to use a program participant's assigned address for any official business, unless:
(i) the state or local government entity is statutorily required to use the program participant's actual address; or
(ii) the state or local government entity is permitted or required to use the program participant's actual address under this part.
(b) A state or local government entity may confirm an individual's status as a program participant with the commission.
(3) A state or local government entity, after receiving a copy of the notification form from a program participant or a notification of the program participant's enrollment from the commission, may not:
(a) except as provided in Subsection (2)(a), refuse to use the assigned address for the program participant, or a minor or an incapacitated individual residing with the program participant;
(b) except as provided in Subsection (4), require a program participant to disclose the program participant's actual address; or
(c) except as provided in Section 77-38-611, intentionally disclose to another person or state or local government entity the program participant's actual address.
(4) Notwithstanding Subsections (2) and (3), a county clerk may require a program participant to disclose the program participant's actual address:
(a) for voter registration; and
(b) to enroll a program participant in a program designed to protect the confidentiality of a voter's address.
(5) If a program participant is enrolled in a program designed to protect the confidentiality of a voter's address, a county clerk:
(a) shall classify the program participant's actual address as concealed; and
(b) may not disclose the program participant's actual address.
Amended by Chapter 237, 2023 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 38 - Crime Victims › Part 6 - Safe at Home Program › Section 609 - Disclosure of actual address prohibited.

Effective 5/3/2023
77-38-609.
Disclosure of actual address prohibited.
(1)
(a) The commission may not disclose a program participant's actual address, unless:
(i) required by a court order; or
(ii) the commission grants a request from a state or local government entity under Section 77-38-612.
(b) The commission shall provide a program participant immediate notification of a disclosure of the program participant's actual address if the disclosure is made under Subsection (1)(a)(i) or (ii).
(2) If, at the time of application, an applicant, or a parent or guardian of an applicant, is subject to a court order relating to a divorce proceeding, a child support order or judgment, or an allocation of custody or parent-time, the commission shall provide notice of whether the applicant is enrolled under the program and the assigned address of the applicant to the court that issued the order or has jurisdiction over the action.
(3) A person may not knowingly or intentionally obtain a program participant's actual address from the commission or any state or local government entity if the person is not authorized to obtain the program participant's actual address.
(4) Unless the disclosure is permitted under this part or is otherwise permitted by law, an employee of the commission or a state or local government entity may not knowingly or intentionally disclose a program participant's actual address if:
(a) the employee obtains a program participant's actual address during the course of the employee's official duties; and
(b) at the time of disclosure, the employee has specific knowledge that the address is the actual address of the program participant.
(5) A person who intentionally or knowingly obtains or discloses information in violation of this part is guilty of a class B misdemeanor.
Amended by Chapter 237, 2023 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 38 - Crime Victims › Part 6 - Safe at Home Program › Section 610 - Change of name, address, or telephone number.

Effective 1/1/2023
77-38-610.
Change of name, address, or telephone number.
(1) A program participant shall notify the commission no later than 30 days after the day on which the program participant obtains a legal name change, by providing the commission with a certified copy of a judgment or order establishing the name change, or any other documentation that is sufficient evidence of the name change.
(2) A program participant shall notify the commission no later than 10 business days after the day on which the program participant's actual address or telephone number changes from the actual address or telephone number listed for the program participant.
(3) If a program participant remains enrolled in the program after a change of address, the program participant may not change the program participant's assigned address with the Driver License Division created under Section 53-3-103.
Enacted by Chapter 215, 2022 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 38 - Crime Victims › Part 6 - Safe at Home Program › Section 613 - Request for disclosure by law enforcement.

Effective 1/1/2023
77-38-613.
Request for disclosure by law enforcement.
(1) The commission shall establish a process to expedite a request submitted by a law enforcement officer or agency for the disclosure of information regarding a program participant who is involved in a criminal proceeding or investigation within 24 hours of the law enforcement officer or agency submitting the request.
(2) If a law enforcement officer or agency seeks the disclosure of a program participant's actual address from the commission under Subsection (1), the law enforcement officer or agency shall certify to the commission, or the commission's designee, that the official or agency has a system in place to protect the program participant's actual address from disclosure to:
(a) the public; and
(b) law enforcement personnel who are not involved in the criminal proceeding or investigation for which the disclosure is requested.
(3) Upon expiration of the use for the program participant's actual address in a criminal proceeding or investigation, a law enforcement officer or agency shall remove the program participant's actual address from any record system maintained by the law enforcement officer or agency.
Enacted by Chapter 215, 2022 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 38 - Crime Victims › Part 6 - Safe at Home Program › Section 614 - Service of process at the assigned address.

Effective 1/1/2023
77-38-614.
Service of process at the assigned address.
(1) In accordance with the Utah Rules of Civil Procedure, Rule 4, the commission is the agent authorized to receive process for a program participant.
(2) In accordance with the Utah Rules of Civil Procedure, Rule 5, the last known address for a program participant is the program participant's assigned address, not the program participant's actual address.
Enacted by Chapter 215, 2022 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 38 - Crime Victims › Part 6 - Safe at Home Program › Section 615 - Participation in the program -- Orders in relation to allocation of custody or parent-time.

Effective 5/3/2023
77-38-615.
Participation in the program -- Orders in relation to allocation of custody or parent-time.
(1) A court may not consider a parent's participation in the program for the purpose of making an order allocating custody under Section 30-3-10 or parent-time under Section 30-3-32.
(2) A court shall take practical measures to keep a program participant's actual address confidential when making an order allocating custody or parent-time.
(3) Nothing in this part affects an order relating to the allocation of custody or parent-time in effect prior to or during a program participant's participation in the program.
Amended by Chapter 237, 2023 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 38 - Crime Victims › Part 6 - Safe at Home Program › Section 616 - Disclosure of address or identifiable information in a judicial or administrative proceeding.

Effective 1/1/2023
77-38-616.
Disclosure of address or identifiable information in a judicial or administrative proceeding.
(1) A program participant may submit the program participant's actual address to the court as a safeguarded record in accordance with the Utah Code of Judicial Administration, Rule 4-202.02.
(2) A person may not compel disclosure of a program participant's actual address or identifying information related to the program participant's residence during a proceeding in a court or administrative proceeding, unless:
(a) the court orders the disclosure of the program participant's address; or
(b) an administrative tribunal finds, based on a preponderance of the evidence, that:
(i) the disclosure is required in the interest of justice;
(ii) public interest in the disclosure substantially outweighs the potential harm to the program participant; or
(iii) no other alternative would satisfy the necessity of the disclosure.
(3) If disclosure of a program participant's actual address is required in a proceeding before a court or administrative tribunal, the court or administrative tribunal may safeguard the portion of a record that contains the program participant's actual address.
(4) Nothing in this section prevents a state or local government entity from using a program participant's actual address in filing a document or record with a court or administrative tribunal if, at the time of the filing, the document or record is filed under safeguard or not a public record.
Enacted by Chapter 215, 2022 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 38 - Crime Victims › Part 6 - Safe at Home Program › Section 617 - Cancellation of enrollment -- Records.

Effective 1/1/2023
77-38-617.
Cancellation of enrollment -- Records.
(1) The commission shall cancel a program participant's enrollment in the program if:
(a) the program participant submits to the commission a written request to withdraw from enrollment in accordance with Section 77-38-606;
(b) the program participant fails to notify the commission of a change in the program participant's name, actual address, or telephone number that is listed on the application;
(c) the program participant, or a parent or guardian of the program participant, knowingly submits false information in the program application; or
(d) mail forwarded to the program participant by the commission is returned as undeliverable.
(2)
(a) If the commission determines that there are grounds for cancelling a program participant's enrollment in accordance with Subsection (1), the commission shall send notice of the cancellation with the reason for cancellation to the program participant at the program participant's actual address and email address.
(b) A program participant has 30 days to appeal the cancellation decision in accordance with procedures developed by the commission.
(3) A program participant who receives a notice of cancellation is responsible for notifying a person who uses the program participant's assigned address to communicate with the program participant that the assigned address is no longer valid.
(4) If the commission cancels a program participant's enrollment in the program, the program participant is not eligible to participate in the program for six months after the day on which the commission cancels the program participant's enrollment in the program.
Enacted by Chapter 215, 2022 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 38 - Crime Victims › Part 6 - Safe at Home Program › Section 618 - Retention and destruction of records.

Effective 5/3/2023
77-38-618.
Retention and destruction of records.
The commission shall establish policies and procedures regarding the maintenance and destruction of applications, records, and other documents received or generated under this part.
Amended by Chapter 237, 2023 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 38 - Crime Victims › Part 6 - Safe at Home Program › Section 619 - Immunity from suit.

Effective 5/3/2023
77-38-619.
Immunity from suit.
(1) A program assistant, or a program assistant's employer, is immune from liability in a civil action or proceeding involving the performance or nonperformance of a duty under this part, unless:
(a) the performance or nonperformance of a program assistant was manifestly outside the scope of the program assistant's duties in the program; or
(b) the program assistant acted with malicious purpose, bad faith, or in a wanton or reckless manner.
(2) In addition to the governmental immunity granted in Title 63G, Chapter 7, Governmental Immunity Act of Utah, or any other governmental immunity provided by law, the commission, the state, and the political subdivisions of the state are immune from liability in a civil action or proceeding involving the performance or nonperformance of a duty under the program.
Amended by Chapter 237, 2023 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 38 - Crime Victims › Part 6 - Safe at Home Program › Section 620 - Safe at Home Program Restricted Account -- Report.

Effective 5/3/2023
77-38-620.
Safe at Home Program Restricted Account -- Report.
(1) There is created a restricted account in the General Fund known as the "Safe at Home Program Restricted Account."
(2) The account shall be funded by:
(a) private contributions;
(b) gifts, donations, or grants from public or private entities; and
(c) interest and earnings on account money.
(3) Upon appropriation by the Legislature, the commission may expend funds from the account to:
(a) designate, train, and manage program assistants;
(b) develop, distribute, and process application forms and related materials for the program;
(c) assist applicants and program participants in enrolling in the program; or
(d) ensure program participants receive mail forwarded from the program to the program participant's actual address.
(4) No later than December 31 of each year, the commission shall provide to the Executive Offices and Criminal Justice Appropriations Subcommittee a written report of the program's activities, including:
(a) the contributions received under Subsection (2);
(b) an accounting of the money expended or committed to be expended by the commission under Subsection (3); and
(c) the balance of the account.
Amended by Chapter 237, 2023 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 38 - Crime Victims › Part 6 - Safe at Home Program › Section 621 - Rulemaking.

Effective 1/1/2023
77-38-621.
Rulemaking.
In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the commission may make rules to:
(1) establish a process to expedite requests from law enforcement officers and agencies in accordance with Section 77-38-613;
(2) establish procedures for an appeal process regarding cancellation of enrollment under Section 77-38-617; and
(3) establish the procedures for the retention and destruction of records and other documents in accordance with Section 77-38-618.
Enacted by Chapter 215, 2022 General Session
2023 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
2023 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 5/3/2023
77-38b-201.
Law enforcement responsibility for collecting restitution information.
(1) A law enforcement agency investigating criminal conduct that would constitute a felony or a misdemeanor shall include information about restitution for any potential victim in the investigative report or the citation, including information about whether a claim for restitution may exist.
(2) A law enforcement agency shall also include in the investigative report:
(a) the basis for the claim for restitution; and
(b) the estimated or actual amount of the claim for restitution.
Amended by Chapter 113, 2023 General Session
2023 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
2023 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 5/4/2022
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 third degree felony 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.
Amended by Chapter 328, 2022 General Session