Utah Code > Title 77 > Chapter 38 > Part 4 – Privileged Communications with Victim Advocates Act
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§ 77-38-401 | Title |
§ 77-38-402 | Purpose |
§ 77-38-403 | Definitions |
§ 77-38-404 | Scope of part |
§ 77-38-405 | Disclosure of a communication given to a victim advocate |
Terms Used In Utah Code > Title 77 > Chapter 38 > Part 4 - Privileged Communications with Victim Advocates Act
- Advocacy services: means assistance provided that supports, supplements, intervenes, or links a victim or a victim's family with appropriate resources and services to address the wide range of potential impacts of being victimized. See Utah Code 77-38-403
- Advocacy services provider: means an entity that has the primary focus of providing advocacy services in general or with specialization to a specific crime type or specific type of victimization. See Utah Code 77-38-403
- Confidential communication: means a communication that is intended to be confidential between a victim and a victim advocate for the purpose of obtaining advocacy services. See Utah Code 77-38-403
- Criminal justice system victim advocate: means an individual who:(4)(a) is employed or authorized to volunteer by a government agency that possesses a role or responsibility within the criminal justice system;(4)(b) has as a primary responsibility addressing the mental, physical, or emotional recovery of victims;(4)(c) completes a minimum 40 hours of trauma-informed training:(4)(c)(i) in crisis response, the effects of crime and trauma on victims, victim advocacy services and ethics, informed consent, and this part regarding privileged confidential communication; and(4)(c)(ii) that have been approved or provided by the Utah Office for Victims of Crime; and(4)(d) is under the supervision of the director or director's designee of the government agency. See Utah Code 77-38-403
- Defense attorney: Represent defendants in criminal matters.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Guardian: includes a person who:
(14)(a) qualifies as a guardian of a minor or incapacitated person pursuant to testamentary or court appointment; or(14)(b) is appointed by a court to manage the estate of a minor or incapacitated person. See Utah Code 68-3-12.5- Health care provider: means the same as that term is defined in Section 78B-3-403. See Utah Code 77-38-403
- Mental health therapist: means the same as that term is defined in Section 58-60-102. See Utah Code 77-38-403
- Nongovernment organization victim advocate: means an individual who:
(7)(a) is employed or authorized to volunteer by an nongovernment organization advocacy services provider;(7)(b) has as a primary responsibility addressing the mental, physical, or emotional recovery of victims;(7)(c) has a minimum 40 hours of trauma-informed training:(7)(c)(i) in assisting victims specific to the specialization or focus of the nongovernment organization advocacy services provider and includes this part regarding privileged confidential communication; and(7)(c)(ii)(7)(c)(ii)(A) that have been approved or provided by the Utah Office for Victims of Crime; or(7)(c)(ii)(B) that meets other minimally equivalent standards set forth by the nongovernment organization advocacy services provider; and(7)(d) is under the supervision of the director or the director's designee of the nongovernment organization advocacy services provider. See Utah Code 77-38-403- Record: means a book, letter, document, paper, map, plan, photograph, file, card, tape, recording, electronic data, or other documentary material regardless of physical form or characteristics. See Utah Code 77-38-403
- Victim: means :
(9)(a) a victim of a crime as defined in Section 77-38-2;(9)(b) an individual who is a victim of domestic violence as defined in Section 77-36-1; or(9)(c) an individual who is a victim of dating violence as defined in Section 78B-7-102. See Utah Code 77-38-403- Victim advocate: work with prosecutors and assist the victims of a crime.
- Victim advocate: means :
(10)(a)(i) a criminal justice system victim advocate;(10)(a)(ii) a nongovernment organization victim advocate; or(10)(a)(iii) an individual who is employed or authorized to volunteer by a public or private entity and is designated by the Utah Office for Victims of Crime as having the specific purpose of providing advocacy services to or for the clients of the public or private entity. See Utah Code 77-38-403