Utah Code Title 63M. Governor's Programs § 63M-7-509. Grounds for eligibility

Current as of January 01, 2025 | Updated by Findlaw Staff

(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;

(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.

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Cite this article: FindLaw.com - Utah Code Title 63M. Governor's Programs § 63M-7-509. Grounds for eligibility - last updated January 01, 2025 | https://codes.findlaw.com/ut/title-63m-governors-programs/ut-code-sect-63m-7-509/

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