Utah Code 77-37-3. Bill of rights

(1) The bill of rights for victims and witnesses is:

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Terms Used In Utah Code 77-37-3

Alleged sexual offender: means the same as that term is defined in Section 53-10-801. See Utah Code 77-37-2
Child: means a person who is younger than 18 years old, unless otherwise specified in statute. See Utah Code 77-37-2
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.
HIV infection: means the same as that term is defined in Section 53-10-801. See Utah Code 77-37-2
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
Property: includes both real and personal property. See Utah Code 68-3-12.5
Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
Sexual assault kit: means the same as that term is defined in Section 53-10-902. See Utah Code 77-37-2
Sexual offense: means any conduct described in:
     (6)(a) Title 76, Chapter 5, Part 4, Sexual Offenses;
     (6)(b) Title 76, Chapter 5b, Sexual Exploitation Act;
     (6)(c) Section 76-7-102, incest;
     (6)(d) Section 76-9-702, lewdness; or
     (6)(e) Section Utah Code 77-37-2
State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
Victim: means an individual, including a minor, against whom an offense has been allegedly committed. See Utah Code 77-37-2
Witness: means any person who has been subpoenaed or is expected to be summoned to testify for the prosecution or who by reason of having relevant information is subject to call or likely to be called as a witness for the prosecution, whether any action or proceeding has commenced. See Utah Code 77-37-2
Writing: includes :
     (48)(a) printing;
     (48)(b) handwriting; and
     (48)(c) information stored in an electronic or other medium if the information is retrievable in a perceivable format. See Utah Code 68-3-12.5

(1)(a) Victims and witnesses have a right to be informed as to the level of protection from intimidation and harm available to them, and from what sources, as they participate in criminal justice proceedings as designated by Section 76-8-508, regarding tampering with a witness, and Section 76-8-509, regarding extortion or bribery to dismiss a criminal proceeding. Law enforcement, prosecution, and corrections personnel have the duty to timely provide this information in a form which is useful to the victim.

(1)(b) Victims and witnesses, including children and their guardians, have a right to be informed and assisted as to their role in the criminal justice process. All criminal justice agencies have the duty to provide this information and assistance.

(1)(c) Victims and witnesses have a right to clear explanations regarding relevant legal proceedings; these explanations shall be appropriate to the age of child victims and witnesses. All criminal justice agencies have the duty to provide these explanations.

(1)(d) Victims and witnesses should have a secure waiting area that does not require them to be in close proximity to defendants or the family and friends of defendants. Agencies controlling facilities shall, whenever possible, provide this area.

(1)(e) Victims may seek restitution or reparations, including medical costs, as provided in Title 63M, Chapter 7, Criminal Justice and Substance Abuse, Title 77, Chapter 38b, Crime Victims Restitution Act, and Section 80-6-710. State and local government agencies that serve victims have the duty to have a functional knowledge of the procedures established by the Crime Victim Reparations Board and to inform victims of these procedures.

(1)(f) Victims and witnesses have a right to have any personal property returned as provided in Chapter 11a, Seizure of Property and Contraband, and Chapter 11d, Lost or Mislaid Property. Criminal justice agencies shall expeditiously return the property when it is no longer needed for court law enforcement or prosecution purposes.

(1)(g) Victims and witnesses have the right to reasonable employer intercession services, including pursuing employer cooperation in minimizing employees’ loss of pay and other benefits resulting from their participation in the criminal justice process. Officers of the court shall provide these services and shall consider victims’ and witnesses’ schedules so that activities which conflict can be avoided. Where conflicts cannot be avoided, the victim may request that the responsible agency intercede with employers or other parties.

(1)(h) Victims and witnesses, particularly children, should have a speedy disposition of the entire criminal justice process. All involved public agencies shall establish policies and procedures to encourage speedy disposition of criminal cases.

(1)(i) Victims and witnesses have the right to timely notice of judicial proceedings they are to attend and timely notice of cancellation of any proceedings. Criminal justice agencies have the duty to provide these notifications. Defense counsel and others have the duty to provide timely notice to prosecution of any continuances or other changes that may be required.

(2) In addition to the rights of a victim described in Subsection (1), a victim of a sexual offense has the right to:

(2)(a) request voluntary testing for themselves for HIV infection as described in Section 53-10-803;

(2)(b) request mandatory testing of the alleged sexual offender for HIV infection as described in Section 53-10-802;

(2)(c) not to be prevented from, or charged for, a medical forensic examination;

(2)(d) have the evidence from a sexual assault kit, or the contents of the sexual assault kit, preserved for the time periods described in Title 77, Chapter 11c, Retention of Evidence, without any charge to the victim;

(2)(e) be informed whether a DNA profile was obtained from the testing of the evidence in a sexual assault kit or from other crime scene evidence;

(2)(f) be informed whether a DNA profile developed from the evidence in a sexual assault kit, or from other crime scene evidence, has been entered into the Utah Combined DNA Index System;

(2)(g) be informed of any result from a sexual assault kit or from other crime scene evidence if that disclosure would not impede or compromise an ongoing investigation, including:

(2)(g)(i) whether there is a match between a DNA profile developed from the evidence in a sexual assault kit, or from other crime scene evidence, and a DNA profile contained in the Utah Combined DNA Index System; and

(2)(g)(ii) a toxicology result or other information that is collected from a sexual assault kit as part of a medical forensic examination of the victim;

(2)(h) be informed in writing of policies governing the collection and preservation of a sexual assault kit;

(2)(i) be informed of the status and location of a sexual assault kit;

(2)(j) upon written request by the victim, receive a notice of intent from an agency, as defined in Section 53-10-905, if the agency intends to destroy or dispose of evidence from a sexual assault kit;

(2)(k) be granted further preservation of the sexual assault kit if the agency, as defined in Section 53-10-905, intends to destroy or dispose of evidence from a sexual assault kit and the victim submits a written request as described in Section 53-10-905;

(2)(l) designate a person of the victim’s choosing to act as a recipient of the information provided under this Subsection (2) or Subsections (3) and (4); and

(2)(m) be informed of all the enumerated rights in this Subsection (2).

(3) Subsections (2)(e) through (g) do not require that the law enforcement agency communicate with the victim or the victim’s designee regarding the status of DNA testing, absent a specific request received from the victim or the victim’s designee.

(4) A law enforcement agency investigating a sexual offense may:

(4)(a) release the information indicated in Subsections (2)(e) through (g) upon the request of the victim of the sexual offense, or the victim’s designee and is the designated agency to provide that information to the victim or the victim’s designee;

(4)(b) require that the victim’s request be in writing; and

(4)(c) respond to the victim’s request with verbal communication, written communication, or by email if an email address is available.

(5) A law enforcement agency investigating a sexual offense shall:

(5)(a) notify the victim of the sexual offense, or the victim’s designee, if the law enforcement agency determines that DNA evidence will not be analyzed in a case where the identity of the perpetrator has not be confirmed;

(5)(b) provide the information described in this section in a timely manner; and

(5)(c) upon request of the victim or the victim’s designee, advise the victim or the victim’s designee of any significant changes in the information of which the law enforcement agency is aware.

(6) The law enforcement agency investigating the sexual offense is responsible for informing the victim of the sexual offense, or the victim’s designee, of the rights established under this section.

(7) Informational rights of the victim under this chapter are based upon the victim providing the current name, address, telephone number, and email address, if an email address is available, of the person to whom the information should be provided to the criminal justice agencies involved in the case.

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