Victim Rights Amendments

8
63M-7-1001
63M-7-1002.5
63M-7-1003
1
Victim Rights Amendments
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Verona Mauga
Senate Sponsor: Chris H. Wilson

Cosponsor:
Ken Ivory
LONG TITLE
General Description:
This bill amends provisions related to victim rights.
Highlighted Provisions:
This bill:
defines terms;
provides that the executive director of the State Commission on Criminal and Juvenile
Justice designate a coordinator for the victim rights committees;
provides the duties of the coordinator for the victim rights committees;
modifies the complaint process for the victim rights committees;
requires a criminal justice agency to provide a policy for addressing a complaint alleging
a violation of a victim's right to the coordinator for the victim rights committees; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
63M-7-1001
, as enacted by Laws of Utah 2024, Chapter 160
63M-7-1003
, as enacted by Laws of Utah 2024, Chapter 160
ENACTS:
63M-7-1002.5
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section
63M-7-1001
is amended to read:
63M-7-1001
. Definitions for part.
As used in this part:
(1)
"Committee" means a victim rights committee established in each judicial district as
described in Section
63M-7-1002
.
(2)
"Victim Services Commission" means the Utah Victim Services Commission
established in Section
63M-7-902
.
(2)
"Coordinator" means the individual designated by the executive director of the
commission as described in Section
63M-7-1002.5
.
(3)
(a)
"Criminal justice agency" means an agency that is directly involved in the
apprehension, prosecution, incarceration, or supervision of an individual involved in
criminal conduct
an offense
.
(b)
"Criminal justice agency" includes:
(i)
a law enforcement agency as defined in Section
63M-7-502
;
(ii)
a prosecuting agency;
(iii)
the Department of Corrections created in Section
64-13-2
; or
(iv)
the Board of Pardons and Parole created in Section
77-27-2
.
(4)
"Member" means an individual appointed to a committee.
(5)
"Representative of a victim" means the same as that term is defined in Section
77-38-2
.
(6)
(a)
"Victim" means an individual against whom
criminal conduct has allegedly been
committed
an offense has been committed or is alleged to have been committed
.
(b)
"Victim" includes an individual who is younger than 18 years old against whom an
offense has been committed or is alleged to have been committed.
(b)
(c)
"Victim" does not include
an individual who is an accomplice or codefendant to
criminal conduct
an individual who is, or appears, to be accountable or responsible
for the offense that has been committed or is alleged to have been committed
.
(7)
"Victim advocate" means the same as that term is defined in Section
77-37-403
.
(8)
"Victim's rights"
"Victim's right"
means
:

(a)
the rights
a right
afforded to a victim under Title 77, Chapter 37, Victims' Rights,
Title 77, Chapter 38, Crime Victims, and Utah Constitution, Article I, Section 28
.
;
or
(b)
an obligation that a prosecuting agency or prosecuting attorney owes to a victim
under Rule 35 of the Utah Rules of Criminal Procedure.
(9)
"Victim Services Commission" means the Utah Victim Services Commission
established in Section
63M-7-902
.
Section 2. Section
63M-7-1002.5
is enacted to read:
63M-7-1002.5
. Coordinator for victim rights committees.
The executive director of the commission shall designate an individual to:
(1)
provide administrative assistance to each committee; and
(2)
receive and process complaints as described in Section
63M-7-1003
.
Section 3. Section
63M-7-1003
is amended to read:
63M-7-1003
. Complaint of violation of a victim right -- Criminal justice agency
policy about complaints.
(1)
(a)
When a committee receives a complaint, the committee shall review the
complaint to determine whether the complaint alleges a violation of a victim's rights.
(b)
If a complaint alleges a violation of a victim's rights in another judicial district, the
committee shall forward the complaint to the judicial district where the violation
allegedly occurred.
(2)
(a)
If the committee receives a complaint that does not allege a violation of a
victim's rights, the committee shall send a letter to the victim, or the representative of
a victim:
(i)
explaining that the committee may only address a violation of the victim's rights;
and
(ii)
describing any other resources that may be available to the victim or the
representative of the victim.
(b)
The committee shall send the letter described in Subsection (2)(a) within 30 days
after the day on which the committee receives the complaint.
(3)
If the complaint does allege a violation of a victim's rights, the committee shall forward
a copy of the complaint to the person that is the subject of the complaint.
(4)
The committee shall schedule a meeting for the committee to review the complaint as
soon as practicable.
(1)
(a)
A victim may submit a complaint to the Victim Services Commission if the
complaint alleges a violation of the victim's right.
(b)
Notwithstanding Subsection
(1)(a)
, a victim may not submit a complaint if the
complaint alleges substantially the same facts that were raised in a prior complaint.
(2)
The coordinator shall notify the victim of the receipt of the complaint within 30 days
after the day on which the coordinator receives the complaint.
(3)
(a)
The coordinator may dismiss a complaint from a victim if the complaint does not
comply with the requirements for a complaint as described in Subsection
(1)
.
(b)
If the coordinator dismisses a complaint under Subsection
(3)(a)
, the coordinator
shall notify the victim within 30 days after the day on which the coordinator receives
the complaint.
(4)
(a)
If a complaint is not dismissed under Subsection
(3)
, the coordinator shall:
(i)
subject to Subsection
(4)(b)
, send a copy of the complaint to the subject of the
complaint and the subject's employer;
(ii)
notify the victim and the subject of the complaint that:
(A)
the complaint will be considered as soon as practicable by the committee; and
(B)
the victim or the subject of the complaint may attend the committee meeting at
which the complaint will be discussed and submit additional information for
the committee's consideration; and
(iii)
schedule a meeting for the appropriate committee to review the complaint.
(b)
If the subject of a complaint is a judge or court employee, the coordinator shall send
a copy of the complaint to the state court administrator described in Section
78A-2-105
or the state court administrator's designee.
(5)
The committee shall review a complaint as soon as practicable to determine if a
violation of a victim's right has occurred.
(6)
(a)
Upon receiving a complaint, the committee may:
(i)
consider any relevant information;
(ii)
request information from:
(A)
the victim, or a representative of the victim, who submitted the complaint;
(B)
the subject of the complaint;
(C)
a criminal justice agency; or
(D)
any other person that may have information related to the complaint; and
(iii)
make findings as to whether there has been a violation of a victim's right.
(b)
The committee may request records from a governmental entity as described in
Section
63G-2-206
.
(5)
(7)
If a criminal justice agency investigates a complaint regarding a violation of a
victim's rights and the committee receives a complaint about the same violation, the
criminal justice agency shall provide the criminal justice agency's investigative findings
related to the complaint to the committee.
(6)
After reviewing the complaint and any findings submitted by a criminal justice agency
under Subsection (5), the committee may:
(a)
inform the person of a victim's rights and the obligations required by law;
(b)
refer the victim, or the representative of a victim, to other resources in the
community; or
(c)
inform the victim, or the representative of a victim, of the victim's rights and
remedies described in Title 77, Chapter 37, Victims' Rights, Title 77, Chapter 38,
Crime Victims, and Utah Constitution, Article I, Section 28.
(7)
Within 30 days after the day on which the committee meeting is held, the chair of the
committee shall send a letter to the victim, or the representative of a victim, describing
any action taken by the committee.
(8)
(a)
If the committee finds that the subject of a complaint did not violate a victim's
right:
(i)
the committee shall send a letter to the victim, or the representative of the victim,
that:
(A)
states the findings of the committee;
(B)
explains that the committee may only address a violation of a victim's right;
and
(C)
describes any resources that may be available to the victim or the
representative of the victim; and
(ii)
subject to Subsection
(10)
, the committee may send a letter to the subject of the
complaint and the subject's employer that states the findings of the committee.
(b)
The committee may include recommendations in the letter described in Subsection
(8)(a)(ii)
to ensure a better response by the subject and the subject's employer to a
victim exercising the victim's right.
(9)
(a)
If the committee finds that the subject of the complaint violated a victim's right,
the committee shall send a letter to:
(i)
the victim, or the representative of the victim, that:
(A)
states the findings of the committee;
(B)
informs the victim, or the representative of the victim, of the victim's right and
any remedy available to the victim;
(C)
refers the victim, or the representative of the victim, to other resources in the
community; and
(D)
informs the victim, or the representative of the victim, of any other person that
has authority to receive a complaint regarding a violation of a victim's right;
and
(ii)
subject to Subsection
(10)
, the subject of the complaint and the subject's employer
that states the findings of the committee.
(b)
The committee may include recommendations in the letter described in Subsection
(9)(a)(ii)
to ensure a better response by the subject and the subject's employer to a
victim exercising the victim's right.
(10)
If the subject of a complaint is a judge or court employee, the committee shall send a
letter described in Subsection
(8)
or
(9)
to the state court administrator described in
Section
78A-2-105
or the state court administrator's designee.
(11)
The committee shall send a letter described in Subsection
(8)
, (9), or (10) within 30
days after the day on which the committee makes a finding.
(8)
(12)
A criminal justice agency shall
:

(a)
establish a policy for addressing a complaint alleging a violation of a
victim's rights.
victim's right; and
(b)
upon request, provide a copy of the policy to the coordinator.
Section 4.
Effective Date.
This bill takes effect on
May 6, 2026
.
3-6-26 10:10 AM