Utah Code 63M-7-529. Determination of eligibility for victim reparations — Law enforcement agency to provide investigative reports — Restrictions on usage — Criminal penalty
Current as of: 2024 | Check for updates
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Other versions
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For details, see Utah Code § 76-3-204
Attorney's Note
Under the Utah Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| class B misdemeanor | up to 6 months | up to $1,000 |
Terms Used In Utah Code 63M-7-529
- Board: means the Crime Victim Reparations and Assistance Board created under Section
63M-7-504 . See Utah Code 63M-7-502 - Claimant: means any of the following claiming reparations under this part:(5)(a) a victim;(5)(b) a dependent of a deceased victim; or(5)(c) an individual or representative who files a reparations claim on behalf of a victim. See Utah Code 63M-7-502
- 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. See Utah Code 63M-7-502
- 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. See Utah Code 63M-7-502
- Person: means :
(24)(a) an individual;(24)(b) an association;(24)(c) an institution;(24)(d) a corporation;(24)(e) a company;(24)(f) a trust;(24)(g) a limited liability company;(24)(h) a partnership;(24)(i) a political subdivision;(24)(j) a government office, department, division, bureau, or other body of government; and(24)(k) any other organization or entity. See Utah Code 68-3-12.5- Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
- 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. See Utah Code 63M-7-502
- Victim: means an individual who suffers bodily or psychological injury or death as a direct result of:
(50)(a)(i) criminally injurious conduct; or(50)(a)(ii) the production of pornography in violation of Section76-5b-201 orUtah Code 63M-7-502 (1)(a) Notwithstanding Section63G-2-206 , and subject to Subsection (1)(c), a law enforcement agency shall provide a copy of an investigative report that describes the facts and circumstances of a criminal episode within 10 business days of the date the law enforcement agency receives a request for that information from the office.(1)(b) Before releasing an investigative report, the law enforcement agency may redact the following information:(1)(b)(i) the name of:(1)(b)(i)(A) an undercover officer; or(1)(b)(i)(B) a confidential informant; and(1)(b)(ii) any information that would:(1)(b)(ii)(A) jeopardize the investigation; or(1)(b)(ii)(B) disclose law enforcement techniques not generally known to the public.(1)(c) If a criminal episode remains under investigation when the office requests an investigative report and the law enforcement agency determines that release of an investigative report at that time would jeopardize the investigation, a law enforcement agency may provide a detailed description of the following information, instead of providing an investigative report, within 10 business days of the date the law enforcement agency received the original request from the office:(1)(c)(i) the law enforcement agency’s case number;(1)(c)(ii) the location where the criminal episode occurred;(1)(c)(iii) the criminal conduct under investigation;(1)(c)(iv) a summary of the criminal episode;(1)(c)(v) verification that the claimant is a victim of the criminal conduct;(1)(c)(vi) any information regarding whether the claimant’s conduct may have contributed to the criminal conduct; and(1)(c)(vii) whether the claimant was and continues to be cooperative with law enforcement.(1)(d) An investigative report provided under Subsection (1)(a), or information provided under Subsection (1)(c), shall contain sufficient information for the office to determine whether a claimant is eligible for a reparations award under Sections63M-7-509 and63M-7-510 .(1)(e) If an investigative report or information provided to the office by a law enforcement agency is not sufficient for the office to determine whether a claimant is eligible for a reparations award, the office may contact the law enforcement agency for additional information.(1)(f)(1)(f)(i) A law enforcement agency may give written notice that a request may take up to an additional 10 business days to process if exigent circumstances exist, which include:(1)(f)(i)(A) a circumstance where another agency is using relevant documents;(1)(f)(i)(B) the request requires review of a voluminous amount of documents;(1)(f)(i)(C) the request requires legal review;(1)(f)(i)(D) the request requires extensive redaction;(1)(f)(i)(E) the law enforcement agency is currently processing multiple requests; or(1)(f)(i)(F) other exigent circumstances.(1)(f)(ii) Notice of an extended response time shall include the type of exigent circumstances involved and the new due date for the response.(2)(2)(a) An investigative report provided under this section may only be used for the purpose of carrying out the provisions of this part.(2)(b) An investigative report received under this section:(2)(b)(i) may only be viewed by the office, the board, and legal counsel for the office; and(2)(b)(ii) may not be further disclosed or disseminated for any reason.(3) The office shall dispose of or retain an investigative report received under this section in a secure manner.(4) An investigative report provided to the office under this section is not subject to the provisions of Title 63G, Chapter 2, Government Records Access and Management Act.(5) A public employee or other person who knowingly or intentionally uses or distributes an investigative report, or information received from an investigative report, in violation of the requirements of Subsection (2) is guilty of a class B misdemeanor.