HB 34

Enrolled Copy  H.B. 34
1Victim Rights Amendments
  2026 GENERAL SESSION
  STATE OF UTAH
  Chief Sponsor: Verona Mauga
  Senate Sponsor: Chris H. Wilson
  Cosponsor:
  Ken Ivory
2
3  LONG TITLE
4  General Description:
5      This bill amends provisions related to victim rights.
6  Highlighted Provisions:
7      This bill:
8      ▸ defines terms;
9      ▸ provides that the executive director of the State Commission on Criminal and Juvenile
10  Justice designate a coordinator for the victim rights committees;
11      ▸ provides the duties of the coordinator for the victim rights committees;
12      ▸ modifies the complaint process for the victim rights committees;
13      ▸ requires a criminal justice agency to provide a policy for addressing a complaint alleging
14  a violation of a victim's right to the coordinator for the victim rights committees; and
15      ▸ makes technical and conforming changes.
16  Money Appropriated in this Bill:
17      None
18  Other Special Clauses:
19      None
20  Utah Code Sections Affected:
21  AMENDS:
22      63M-7-1001, as enacted by Laws of Utah 2024, Chapter 160
23      63M-7-1003, as enacted by Laws of Utah 2024, Chapter 160
24  ENACTS:
25      63M-7-1002.5, Utah Code Annotated 1953
H.B. 34  Enrolled Copy
26
27   Be it enacted by the Legislature of the state of Utah:
28Section 1. Section 63M-7-1001 is amended to read:
2963M-7-1001 . Definitions for part.
30      As used in this part:
31   (1) "Committee" means a victim rights committee established in each judicial district as
32described in Section 63M-7-1002.
33   [(2) "Victim Services Commission" means the Utah Victim Services Commission
34established in Section 63M-7-902.]
35   (2) "Coordinator" means the individual designated by the executive director of the
36commission as described in Section 63M-7-1002.5.
37   (3)(a) "Criminal justice agency" means an agency that is directly involved in the
38apprehension, prosecution, incarceration, or supervision of an individual involved in [
39criminal conduct] an offense.
40(b) "Criminal justice agency" includes:
41(i) a law enforcement agency as defined in Section 63M-7-502;
42(ii) a prosecuting agency;
43(iii) the Department of Corrections created in Section 64-13-2; or
44(iv) the Board of Pardons and Parole created in Section 77-27-2.
45   (4) "Member" means an individual appointed to a committee.
46   (5) "Representative of a victim" means the same as that term is defined in Section 77-38-2.
47   (6)(a) "Victim" means an individual against whom [criminal conduct has allegedly been
48committed] an offense has been committed or is alleged to have been committed.
49(b) "Victim" includes an individual who is younger than 18 years old against whom an
50offense has been committed or is alleged to have been committed.
51[(b)] (c) "Victim" does not include [an individual who is an accomplice or codefendant to
52criminal conduct] an individual who is, or appears, to be accountable or responsible
53for the offense that has been committed or is alleged to have been committed.
54   (7) "Victim advocate" means the same as that term is defined in Section 77-37-403.
55   (8) ["Victim's rights"] "Victim's right" means:
56(a) [the rights] a right afforded to a victim under Title 77, Chapter 37, Victims' Rights,
57Title 77, Chapter 38, Crime Victims, and Utah Constitution, Article I, Section 28[.] ;
58or
59(b) an obligation that a prosecuting agency or prosecuting attorney owes to a victim
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60under Rule 35 of the Utah Rules of Criminal Procedure.
61  (9) "Victim Services Commission" means the Utah Victim Services Commission
62      established in Section 63M-7-902.
63Section 2. Section 63M-7-1002.5 is enacted to read:
6463M-7-1002.5 . Coordinator for victim rights committees.
65     The executive director of the commission shall designate an individual to:
66  (1) provide administrative assistance to each committee; and
67  (2) receive and process complaints as described in Section 63M-7-1003.
68Section 3. Section 63M-7-1003 is amended to read:
6963M-7-1003 . Complaint of violation of a victim right -- Criminal justice agency
70  policy about complaints.
71  [(1)(a) When a committee receives a complaint, the committee shall review the
72      complaint to determine whether the complaint alleges a violation of a victim's rights.]
73      [(b) If a complaint alleges a violation of a victim's rights in another judicial district, the
74committee shall forward the complaint to the judicial district where the violation
75allegedly occurred.]
76  [(2)(a) If the committee receives a complaint that does not allege a violation of a
77      victim's rights, the committee shall send a letter to the victim, or the representative of
78      a victim:]
79[(i) explaining that the committee may only address a violation of the victim's rights;
80and]
81[(ii) describing any other resources that may be available to the victim or the
82representative of the victim.]
83      [(b) The committee shall send the letter described in Subsection (2)(a) within 30 days
84after the day on which the committee receives the complaint.]
85  [(3) If the complaint does allege a violation of a victim's rights, the committee shall forward
86      a copy of the complaint to the person that is the subject of the complaint.]
87  [(4) The committee shall schedule a meeting for the committee to review the complaint as
88      soon as practicable.]
89  (1)(a) A victim may submit a complaint to the Victim Services Commission if the
90      complaint alleges a violation of the victim's right.
91      (b) Notwithstanding Subsection (1)(a), a victim may not submit a complaint if the
92complaint alleges substantially the same facts that were raised in a prior complaint.
93  (2) The coordinator shall notify the victim of the receipt of the complaint within 30 days
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94after the day on which the coordinator receives the complaint.
95   (3)(a) The coordinator may dismiss a complaint from a victim if the complaint does not
96comply with the requirements for a complaint as described in Subsection (1).
97(b) If the coordinator dismisses a complaint under Subsection (3)(a), the coordinator
98shall notify the victim within 30 days after the day on which the coordinator receives
99the complaint.
100   (4)(a) If a complaint is not dismissed under Subsection (3), the coordinator shall:
101(i) subject to Subsection (4)(b), send a copy of the complaint to the subject of the
102complaint and the subject's employer;
103(ii) notify the victim and the subject of the complaint that:
104(A) the complaint will be considered as soon as practicable by the committee; and
105(B) the victim or the subject of the complaint may attend the committee meeting at
106which the complaint will be discussed and submit additional information for
107the committee's consideration; and
108(iii) schedule a meeting for the appropriate committee to review the complaint.
109(b) If the subject of a complaint is a judge or court employee, the coordinator shall send
110a copy of the complaint to the state court administrator described in Section
11178A-2-105 or the state court administrator's designee.
112   (5) The committee shall review a complaint as soon as practicable to determine if a
113violation of a victim's right has occurred.
114   (6)(a) Upon receiving a complaint, the committee may:
115(i) consider any relevant information;
116(ii) request information from:
117(A) the victim, or a representative of the victim, who submitted the complaint;
118(B) the subject of the complaint;
119(C) a criminal justice agency; or
120(D) any other person that may have information related to the complaint; and
121(iii) make findings as to whether there has been a violation of a victim's right.
122(b) The committee may request records from a governmental entity as described in
123Section 63G-2-206.
124   [(5)] (7) If a criminal justice agency investigates a complaint regarding a violation of a
125victim's rights and the committee receives a complaint about the same violation, the
126criminal justice agency shall provide the criminal justice agency's investigative findings
127related to the complaint to the committee.
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128  [(6) After reviewing the complaint and any findings submitted by a criminal justice agency
129      under Subsection (5), the committee may:]
130      [(a) inform the person of a victim's rights and the obligations required by law;]
131      [(b) refer the victim, or the representative of a victim, to other resources in the
132community; or]
133      [(c) inform the victim, or the representative of a victim, of the victim's rights and
134remedies described in Title 77, Chapter 37, Victims' Rights, Title 77, Chapter 38,
135Crime Victims, and Utah Constitution, Article I, Section 28.]
136  [(7) Within 30 days after the day on which the committee meeting is held, the chair of the
137      committee shall send a letter to the victim, or the representative of a victim, describing
138      any action taken by the committee.]
139  (8)(a) If the committee finds that the subject of a complaint did not violate a victim's
140      right:
141(i) the committee shall send a letter to the victim, or the representative of the victim,
142that:
143(A) states the findings of the committee;
144(B) explains that the committee may only address a violation of a victim's right;
145and
146(C) describes any resources that may be available to the victim or the
147representative of the victim; and
148(ii) subject to Subsection (10), the committee may send a letter to the subject of the
149complaint and the subject's employer that states the findings of the committee.
150      (b) The committee may include recommendations in the letter described in Subsection
151(8)(a)(ii) to ensure a better response by the subject and the subject's employer to a
152victim exercising the victim's right.
153  (9)(a) If the committee finds that the subject of the complaint violated a victim's right,
154      the committee shall send a letter to:
155(i) the victim, or the representative of the victim, that:
156(A) states the findings of the committee;
157(B) informs the victim, or the representative of the victim, of the victim's right and
158any remedy available to the victim;
159(C) refers the victim, or the representative of the victim, to other resources in the
160community; and
161(D) informs the victim, or the representative of the victim, of any other person that
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162has authority to receive a complaint regarding a violation of a victim's right;
163and
164(ii) subject to Subsection (10), the subject of the complaint and the subject's employer
165that states the findings of the committee.
166(b) The committee may include recommendations in the letter described in Subsection
167(9)(a)(ii) to ensure a better response by the subject and the subject's employer to a
168victim exercising the victim's right.
169   (10) If the subject of a complaint is a judge or court employee, the committee shall send a
170letter described in Subsection (8) or (9) to the state court administrator described in
171Section 78A-2-105 or the state court administrator's designee.
172   (11) The committee shall send a letter described in Subsection (8), (9), or (10) within 30
173days after the day on which the committee makes a finding.
174   [(8)] (12) A criminal justice agency shall:
175(a) establish a policy for addressing a complaint alleging a violation of a [victim's rights.]
176victim's right; and
177(b) upon request, provide a copy of the policy to the coordinator.
178Section 4. Effective Date.
179   This bill takes effect on May 6, 2026.
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