Victim Amendments

10
63M-7-502
63M-7-509
63M-7-510
0
Victim Amendments
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Angela Romero
Senate Sponsor: Luz Escamilla
LONG TITLE
General Description:
This bill addresses issues related to victims of crime.
Highlighted Provisions:
This bill:
modifies the term, "criminally injurious conduct," for Title 63M, Chapter 7, Part 5, Utah
Office for Victims of Crime;
modifies the eligibility requirements for a victim reparations award to allow mental health
counseling for sexual assault that occurred in a prison, jail, or correctional facility while
the individual is incarcerated; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
63M-7-502
, as last amended by Laws of Utah 2025, First Special Session, Chapter 9
63M-7-509
, as last amended by Laws of Utah 2025, First Special Session, Chapter 11
63M-7-510
, as last amended by Laws of Utah 2020, Chapter 149
Be it enacted by the Legislature of the state of Utah:
Section 1. Section
63M-7-502
is amended to read:
63M-7-502
. Definitions.
As used in this part:
(1)
"Accomplice" means an individual who has engaged in criminal conduct as described in
Section
76-2-202
.
(2)
"Advocacy services provider" means the same as that term is defined in Section
77-38-403
.
(3)
"Bodily injury" means physical pain, illness, or any impairment of physical condition.
(4)
"Claimant" means any of the following claiming reparations under this part:
(a)
a victim;
(b)
a dependent of a deceased victim; or
(c)
an individual or representative who files a reparations claim on behalf of a victim.
(5)
"Child" means an unemancipated individual who is under 18 years old.
(6)
"Collateral source" means any source of benefits or advantages for economic loss
otherwise reparable under this part that the claimant has received, or that is readily
available to the claimant from:
(a)
the offender;
(b)
the insurance of the offender or the victim;
(c)
the United States government or any of its agencies, a state or any of its political
subdivisions, or an instrumentality of two or more states, except in the case on
nonobligatory state-funded programs;
(d)
social security, Medicare, and Medicaid;
(e)
state-required temporary nonoccupational income replacement insurance or disability
income insurance;
(f)
workers' compensation;
(g)
wage continuation programs of any employer;
(h)
proceeds of a contract of insurance payable to the claimant for the loss the claimant
sustained because of the criminally injurious conduct;
(i)
a contract providing prepaid hospital and other health care services or benefits for
disability; or
(j)
veteran's
veteran
benefits, including
veteran's
veteran
hospitalization benefits.
(7)
(a)
"Confidential record" means a record in the custody of the office that relates to a
claimant's eligibility for a reparations award.
(b)
"Confidential record" includes:
(i)
a reparations claim;
(ii)
any correspondence regarding:
(A)
the approval or denial of a reparations claim; or
(B)
the payment of a reparations award;
(iii)
a document submitted to the office in support of a reparations award;
(iv)
a medical or mental health treatment plan; and
(v)
an investigative report provided to the office by a law enforcement agency.
(8)
"Criminal justice system victim advocate" means the same as that term is defined in
Section
77-38-403
.
(9)
(a)
"Criminally injurious conduct" other than acts of war declared or not declared
means conduct that:
(i)
is or would be subject to prosecution in this state under Section
76-1-201
;
(ii)
occurs or is attempted;
(iii)
causes, or poses a substantial threat of causing, bodily injury or death;
(iv)
is punishable by fine, imprisonment, or death if the individual engaging in the
conduct possessed the capacity to commit the conduct; and
(v)
except as provided in Subsection
(9)(b)(ii)
,
does not arise out of the ownership,
maintenance, or use of a motor vehicle, aircraft, or water craft
, unless the conduct
is:
(A)
intended to cause bodily injury or death;
(B)
punishable under Title
76, Chapter 5
, Offenses Against the Individual; or
(C)
chargeable as an offense for driving under the influence of alcohol or drugs
.
(b)
"Criminally injurious conduct" includes
conduct that:

(i)
is
a felony violation of Section
76-7-101
and other conduct leading to the
psychological injury of an individual resulting from living in a setting that
involves a bigamous relationship
.
; or
(ii)
arises out of the ownership, maintenance, or use of a motor vehicle, aircraft, or
water craft and is:
(A)
intended to cause bodily injury or death;
(B)
punishable under Title 76, Chapter 5, Offenses Against the Individual;
(C)
chargeable as an offense for driving under the influence of alcohol or drugs; or
(D)
chargeable as an offense for failure to stop and remain at a scene of an
accident involving death as described in Section
41-6a-401.5
.
(10)
(a)
"Dependent" means a natural person to whom the victim is wholly or partially
legally responsible for care or support.
(b)
"Dependent" includes a child of the victim born after the victim's death.
(11)
"Dependent's economic loss" means loss after the victim's death of contributions of
things of economic value to the victim's dependent, not including services the dependent
would have received from the victim if the victim had not suffered the fatal injury, less
expenses of the dependent avoided by reason of victim's death.
(12)
"Dependent's replacement services loss" means loss reasonably and necessarily
incurred by the dependent after the victim's death in obtaining services in lieu of those
the decedent would have performed for the victim's benefit if the victim had not suffered
the fatal injury, less expenses of the dependent avoided by reason of the victim's death
and not subtracted in calculating the dependent's economic loss.
(13)
"Director" means the director of the office.
(14)
"Disposition" means the sentencing or determination of penalty or punishment to be
imposed upon an individual:
(a)
convicted of a crime;
(b)
found delinquent; or
(c)
against whom a finding of sufficient facts for conviction or finding of delinquency is
made.
(15)
(a)
"Economic loss" means economic detriment consisting only of allowable
expense, work loss, replacement services loss, and if injury causes death, dependent's
economic loss and dependent's replacement service loss.
(b)
"Economic loss" includes economic detriment even if caused by pain and suffering
or physical impairment.
(c)
"Economic loss" does not include noneconomic detriment.
(16)
"Elderly victim" means an individual who is 60 years old or older and who is a victim.
(17)
"Fraudulent claim" means a filed reparations based on material misrepresentation of
fact and intended to deceive the reparations staff for the purpose of obtaining reparation
funds for which the claimant is not eligible.
(18)
"Fund" means the Crime Victim Reparations Fund created in Section
63M-7-526
.
(19)
(a)
"Interpersonal violence" means an act involving violence, physical harm, or a
threat of violence or physical harm, that is committed by an individual who is or has
been in a domestic, dating, sexual, or intimate relationship with the victim.
(b)
"Interpersonal violence" includes any attempt, conspiracy, or solicitation of an act
described in Subsection
(19)(a)
.
(20)
"Law enforcement agency" means a public or private agency having general police
power and charged with making arrests in connection with enforcement of the criminal
statutes and ordinances of this state or any political subdivision of this state.
(21)
"Law enforcement officer" means the same as that term is defined in Section
53-13-103
.
(22)
(a)
"Medical examination" means a physical examination necessary to document
criminally injurious conduct.
(b)
"Medical examination" does not include mental health evaluations for the
prosecution and investigation of a crime.
(23)
"Mental health counseling" means outpatient and inpatient counseling necessitated as a
result of criminally injurious conduct, is subject to rules made by the office in
accordance with Title
63G, Chapter 3
, Utah Administrative Rulemaking Act.
(24)
"Misconduct" means conduct by the victim that was attributable to the injury or death
of the victim as provided by rules made by the office in accordance with Title
63G,
Chapter 3
, Utah Administrative Rulemaking Act.
(25)
"Noneconomic detriment" means pain, suffering, inconvenience, physical impairment,
and other nonpecuniary damage, except as provided in this part.
(26)
"Nongovernment organization victim advocate" means the same as that term is defined
in Section
77-38-403
.
(27)
"Nonpublic restitution record" means a restitution record that contains a claimant's
medical or mental health information.
(28)
"Pecuniary loss" does not include loss attributable to pain and suffering except as
otherwise provided in this part.
(29)
"Offender" means an individual who has violated Title
76, Utah Criminal Code
,
through criminally injurious conduct regardless of whether the individual is arrested,
prosecuted, or convicted.
(30)
"Offense" means a violation of Title
76, Utah Criminal Code
.
(31)
"Office" means the director, the reparations and assistance officers, and any other staff
employed for the purpose of carrying out the provisions of this part.
(32)
"Perpetrator" means the individual who actually participated in the criminally injurious
conduct.
(33)
"Public restitution record" means a restitution record that does not contain a claimant's
medical or mental health information.
(34)
(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
53H-14-401
.
(35)
"Reparations award" means money or other benefits provided to a claimant or to
another on behalf of a claimant after the day on which a reparations claim is approved
by the office.
(36)
"Reparations claim" means a claimant's request or application made to the office for a
reparations award.
(37)
(a)
"Reparations officer" means an individual employed by the office to investigate
a claimant's request for reparations and award reparations under this part.
(b)
"Reparations officer" includes the director when the director is acting as a
reparations officer.
(38)
"Replacement service loss" means expenses reasonably and necessarily incurred in
obtaining ordinary and necessary services in lieu of those the injured individual would
have performed, not for income but the benefit of the injured individual or the injured
individual's dependents if the injured individual had not been injured.
(39)
(a)
"Representative" means the victim, immediate family member, legal guardian,
attorney, conservator, executor, or an heir of an individual.
(b)
"Representative" does not include a service provider or collateral source.
(40)
"Restitution" means the same as that term is defined in Section
77-38b-102
.
(41)
(a)
"Restitution record" means a record documenting payments made to, or on
behalf of, a claimant by the office that the office relies on to support a restitution
request made in accordance with Section
77-38b-205
.
(b)
"Restitution record" includes:
(i)
a notice of restitution;
(ii)
an itemized list of payments;
(iii)
an invoice, receipt, or bill submitted to the office for reimbursement; and
(iv)
any documentation that the office relies on to establish a nexus between an
offender's criminally injurious conduct and a reparations award made by the office.
(42)
"Secondary victim" means an individual who is traumatically affected by the
criminally injurious conduct subject to rules made by the office in accordance with Title
63G, Chapter 3
, Utah Administrative Rulemaking Act.
(43)
"Service provider" means an individual or agency who provides a service to a claimant
for a monetary fee, except attorneys as provided in Section
63M-7-524
.
(44)
"Serious bodily injury" means the same as that term is defined in Section
76-1-101.5
.
(45)
(a)
"Sexual assault" means any criminal conduct described in Title
76, Chapter 5,
Part 4
, Sexual Offenses.
(b)
"Sexual assault" does not include criminal conduct described in:
(i)
Section
76-5-417
, enticing a minor;
(ii)
Section
76-5-418
, sexual battery;
(iii)
Section
76-5-419
, lewdness; or
(iv)
Section
76-5-420
, lewdness involving a child.
(46)
"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 of a rape crisis and services center or the
director's designee.
(47)
"Strangulation" means any act involving the use of unlawful force or violence that:
(a)
impedes breathing or the circulation of blood; and
(b)
is likely to produce a loss of consciousness by:
(i)
applying pressure to the neck or throat of an individual; or
(ii)
obstructing the nose, mouth, or airway of an individual.
(48)
"Substantial bodily injury" means the same as that term is defined in Section
76-1-101.5
.
(49)
(a)
"Victim" means an individual who suffers bodily or psychological injury or
death as a direct result of:
(i)
criminally injurious conduct; or
(ii)
the production of pornography in violation of Section
76-5b-201
or
76-5b-201.1

if the individual is a minor.
(b)
"Victim" does not include an individual who participated in or observed the judicial
proceedings against an offender unless otherwise provided by statute or rule made in
accordance with Title
63G, Chapter 3
, Utah Administrative Rulemaking Act.
(50)
"Work loss" means loss of income from work the injured victim would have performed
if the injured victim had not been injured and expenses reasonably incurred by the
injured victim in obtaining services in lieu of those the injured victim would have
performed for income, reduced by any income from substitute work the injured victim
was capable of performing but unreasonably failed to undertake.
Section 2. Section
63M-7-509
is amended to read:
63M-7-509
. Grounds for eligibility.
(1)
A victim is eligible for a reparations award under this part if:
(a)
the claimant is:
(i)
a victim of criminally injurious conduct;
(ii)
a dependent of a deceased victim of criminally injurious conduct; or
(iii)
a representative acting on behalf of one of the above;
(b)
(i)
the criminally injurious conduct occurred in Utah; or
(ii)
the victim is a Utah resident who suffers injury or death as a result of criminally
injurious conduct inflicted in a state, territory, or country that does not provide a
crime victims' compensation program;
(c)
the application is made in writing in a form that conforms substantially to that
prescribed by the office;
(d)
the criminally injurious conduct is reported to a law enforcement officer, in the law
enforcement officer's capacity as a law enforcement officer, or another federal or
state investigative agency;
(e)
the claimant or victim cooperates with the appropriate law enforcement agencies and
prosecuting attorneys in efforts to apprehend or convict the perpetrator of the alleged
offense; and
(f)
the criminally injurious conduct occurred after December 31, 1986.
(2)
A reparations award may be made to a victim regardless of whether any individual is
arrested, prosecuted, or convicted of the criminally injurious conduct giving rise to a
reparations claim.
(3)
(a)
Notwithstanding the requirements of Subsections
(1)(d)
and
(e)
, a victim of sexual
assault is not required to report the sexual assault to a law enforcement officer or
another federal or state investigative agency or cooperate with the appropriate law
enforcement agencies and prosecuting attorneys to be eligible for a reparations award
under this section if:
(i)
the victim seeks assistance from an advocacy services provider, a criminal justice
system victim advocate, or a nongovernment organization victim advocate; and
(ii)
the advocacy services provider, the criminal justice system victim advocate, or
the nongovernment organization victim advocate completes a questionnaire,
provided by the office, regarding the sexual assault.
(b)
Notwithstanding the requirement of Subsection
(1)(e)
, a victim who has suffered
strangulation in the course of interpersonal violence is not required to cooperate with
the appropriate law enforcement agencies and prosecuting attorneys to be eligible for
a reparations award under this section if the victim:
(i)
reports the strangulation to a law enforcement officer or another federal or state
investigative agency after the strangulation occurs; or
(ii)
seeks medical care for the strangulation immediately after the strangulation
occurs.
(4)
An individual is eligible to receive a reparations award for mental health counseling
resulting from a sexual assault that occurred in a prison, a jail, or a correctional facility
while the individual is incarcerated if:
(a)
the individual is no longer incarcerated; and
(b)
the individual meets the eligibility requirements described in Subsection
(1)
.
Section 3. Section
63M-7-510
is amended to read:
63M-7-510
. Ineligible individuals -- Fraudulent reparations claims -- Penalties.
(1)
The following individuals are not eligible to receive a reparations award:
(a)
an individual who does not meet all of the provisions set forth in Section
63M-7-509
;
(b)
the offender;
(c)
an accomplice of the offender;
(d)
an individual whose receipt of a reparations award would unjustly benefit the
offender, accomplice, or another individual reasonably suspected of participating in
the offense;
(e)
the victim of a motor vehicle injury who was the owner or operator of the motor
vehicle and was not at the time of the injury in compliance with the state motor
vehicle insurance laws;
(f)
a convicted offender serving a sentence of imprisonment in any prison or jail or
residing in any other correctional facility;
(g)
an individual who is on probation or parole if the circumstances surrounding the
offense of which the individual is a victim is a violation of the individual's probation
or parole;
(h)
except as provided in Subsection
63M-7-509(4)
,
an individual whose injuries are the
result of criminally injurious conduct that occurred in a prison, jail, or another
correctional facility while the individual was incarcerated; and
(i)
an individual who:
(i)
submits a fraudulent claim; or
(ii)
misrepresents a material fact in requesting a reparations award.
(2)
(a)
An individual may not knowingly:
(i)
submit a fraudulent claim; or
(ii)
misrepresent a material fact in requesting a reparations award.
(b)
A violation of Subsection
(2)(a)
is:
(i)
a class B misdemeanor if:
(A)
the individual who violates Subsection
(2)(a)
does not receive a reparations
award; or
(B)
the value of the reparations award received is less than $500;
(ii)
a class A misdemeanor if the value of the reparations award received is or
exceeds $500 but is less than $1,500;
(iii)
a third degree felony if the value of the reparations award received is or exceeds
$1,500 but is less than $5,000; and
(iv)
a second degree felony if the value of the reparations award received is or
exceeds $5,000.
(3)
The state attorney general may prosecute violations under this section or may make
arrangements with county or city attorneys for the prosecution of violations under this
section when the attorney general cannot conveniently prosecute.
(4)
(a)
A claimant who is not eligible to receive a reparations award under Subsection
(1)

but receives a reparations award shall reimburse the fund for the amount of the
reparations award.
(b)
The office may bring a civil action against a victim who does not reimburse the fund
for the amount of the reparations award in accordance with Subsection
(4)(a)
.
Section 4.
Effective Date.
This bill takes effect on
May 6, 2026
.
2-3-26 3:08 PM