Title 77, Title 77: Criminal Procedure

77-36-1.1. Enhancement of offense and penalty for subsequent domestic violence offenses. (1) As used in this section: "Convicted" means a conviction by plea or verdict of a crime or offense. "Convicted" includes: a plea of guilty or guilty with a mental condition; a plea of no co…

77-36-1.2. Acceptance of a plea of guilty or no contest to domestic violence -- Restrictions. (1) Before agreeing to a plea of guilty or no contest, the prosecutor shall examine the criminal history of the perpetrator. (2) An entry of a plea of guilty or no contest to a domestic …

77-36-10. Authority to prosecute class A misdemeanor violations. Alleged class A misdemeanor violations of this chapter may be prosecuted by city attorneys.

77-36-2.1. Duties of law enforcement officers -- Notice to victims -- Lethality assessments. (1) As used in this section: "Criminal justice system victim advocate" means the same as that term is defined in Section. 77-38-403 "Dating relationship" means a social relationship of a …

77-36-2.2. Powers and duties of law enforcement officers to arrest -- Reports of domestic violence cases -- Reports of parties' marital status. (1) The primary duty of law enforcement officers responding to a call regarding a domestic violence offense is to protect the victim and…

77-36-2.3. Law enforcement officer's training. All training of law enforcement officers relating to domestic violence shall stress protection of the victim, enforcement of criminal laws in domestic situations, and the availability of community shelters, services, and resources. L…

77-36-2.4. Violation of a protective order -- Mandatory arrest -- Penalties. (1) A law enforcement officer shall arrest an alleged perpetrator for a violation of any of the provisions of an ex parte protective order or protective order in accordance with Section. 78B-7-119 (2) A …

77-36-2.6. Appearance required -- Considerations by court. (1) An alleged perpetrator who is arrested for a domestic violence offense shall be presented without unnecessary delay before a magistrate for the determination of probable cause in accordance with Utah Rules of Criminal…

77-36-2.7. Dismissal -- Diversion prohibited -- Plea in abeyance -- Pretrial protective order. (1) Because of the serious nature of domestic violence, the court, in domestic violence actions: may not dismiss any charge or delay disposition because of concurrent divorce or other c…

77-36-5. Sentencing -- Restricting contact with victim -- Electronic monitoring -- Counseling -- Cost assessed against perpetrator -- Sentencing protective order -- Continuous protective order. (1) When a perpetrator is found guilty of a crime involving domestic violence and a co…

77-36-5.1. Conditions of probation for domestic violence offense. (1) Before a perpetrator who is convicted or adjudicated of a domestic violence offense may be placed on probation, the court shall consider the safety and protection of the victim and any member of the victim's fa…

77-36-6. Enforcement of orders. (1) Each law enforcement agency in this state shall enforce all orders of the court issued under the requirements and procedures described in this chapter, and shall enforce: all protective orders and ex parte protective orders issued under; Title …

77-36-7. Prosecutor to notify victim of decision as to prosecution. (1) The prosecutor who is responsible for making the decision of whether to prosecute a case shall advise the victim, if the victim has requested notification, of the status of the victim's case and shall notify …

77-36-8. Peace officers' immunity from liability. A peace officer may not be held liable in any civil action brought by a party to an incident of domestic violence for making or failing to make an arrest or for issuing or failing to issue a citation in accordance with this chapte…

77-36-9. Severability clause. If any provision of this chapter or its application to any person or circumstance is held invalid, the remainder of the chapter or the application of the provision to other persons or circumstances is not affected.

77-37-1. Legislative findings. (1) The Legislature recognizes the duty of victims and witnesses of crime to fully and voluntarily cooperate with law enforcement and prosecutorial agencies, the essential nature of citizen cooperation to state and local law enforcement efforts, and…

77-37-2. Definitions for chapter. As used in this chapter: (1) "Alleged sexual offender" means the same as that term is defined in Section. 53-10-801 (2) "Child" means an individual who is younger than 18 years old, unless otherwise specified in statute. The rights to information…

77-37-2. Definitions for chapter. As used in this chapter: (1) "Alleged sexual offender" means the same as that term is defined in Section. 53-10-801 (2) "Child" means an individual who is younger than 18 years old, unless otherwise specified in statute. The rights to information…

77-37-201. Definitions for part. As used in this part: (1) "Polygraph examination" means a procedure involving the use of an instrument or mechanical device that is: designed to detect and record changes in the physiological characteristics of an individual, including the individ…

77-37-202. Prohibition on the use of a polygraph examination on a victim of a sexual offense. (1) A law enforcement officer, a prosecuting attorney, a court, or other government official may not: ask or require a victim of a sexual offense to submit to a polygraph examination dur…

77-37-3. Bill of rights. (1) The bill of rights for victims and witnesses is: 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 d…

77-37-4. Additional rights -- Children. In addition to all rights afforded to victims and witnesses under this chapter, child victims and witnesses shall be afforded these rights: (1) Children have the right to protection from physical and emotional abuse during their involvement…

77-38-10. Victim's discretion. (1) The victim may exercise any rights under this chapter at the victim's discretion to be present and to be heard at a court proceeding, including a juvenile delinquency proceeding. The absence of the victim at the court proceeding does not preclud…

77-38-11. Enforcement -- Appellate review -- No right to money damages. (1) If a person acting under color of state law allegedly violates the rights of a victim described in this chapter, Chapter 37, Victims' Rights, or Utah Constitution, Article I, Section 28, the victim, or a …

77-38-12. Construction of this chapter -- No right to set aside conviction, adjudication, admission, or plea -- Severability clause. (1) All of the provisions contained in this chapter shall be construed to assist the victims of crime. (2) This chapter may not be construed as cre…

77-38-13. Declaration of legislative authority. It is the view of the Legislature that the provisions of this chapter, and other provisions enacted simultaneously with it, are substantive provisions within inherent legislative authority. In the event that any of the provisions of…

77-38-14. Notice of expungement petition -- Victim's right to object. (1) The Department of Corrections or the Juvenile Probation Department shall prepare a document explaining the right of a victim or a victim's representative to object to a petition for expungement under Sectio…

77-38-2. Definitions. For the purposes of this chapter and the Utah Constitution: (1) "Abuse" means treating the crime victim in a manner so as to injure, damage, or disparage. (2) "Dignity" means treating the crime victim with worthiness, honor, and esteem. (3) "Fairness" means …

77-38-201. Title. This part is known and cited as the "Confidential Communications for Sexual Assault Act."

77-38-202. Purpose. It is the purpose of this act to enhance and promote the mental, physical and emotional recovery of victims of sexual assault and to protect the information given by victims to sexual assault counselors from being disclosed.

77-38-203. Definitions. As used in this part: (1) "Confidential communication" means information given to a sexual assault counselor by a victim and includes reports or working papers made in the course of the counseling relationship. (2) "Rape crisis and services center" means a…

77-38-204. Disclosure of confidential communications. The confidential communication between a victim and a sexual assault counselor is available to a third person only when: (1) the victim is a minor and the counselor believes it is in the best interest of the victim to disclose…

77-38-3. Notification to victims -- Initial notice, election to receive subsequent notices -- Form of notice -- Protected victim information -- Pretrial criminal no contact order. (1) Within seven days after the day on which felony criminal charges are filed against a defendant, …

77-38-301. Title. This part is known as the "Profits from Notorious Criminal Activity Act."

77-38-302. Definitions. As used in this part: (1) "Convicted person" means an individual who has been convicted of a crime. (2) "Conviction" means an adjudication by a federal or state court resulting from a trial or plea, including a plea of no contest, nolo contendere, a findin…

77-38-303. Profit from sale of memorabilia or notoriety of crimes contract -- Deposit into Crime Victim Compensation Fund -- Penalty. (1) Any convicted person or a representative or assignee of a convicted person who receives a profit from the sale or transfer of memorabilia shal…

77-38-4. Right to be present, to be heard, and to file an amicus brief on appeal -- Control of disruptive acts or irrelevant statements -- Statements from persons in custody. (1) The victim of a crime, the representative of the victim, or both shall have the right: to be present …

77-38-401. Title. This part is known as the "Privileged Communications with Victim Advocates Act."

77-38-402. Purpose. It is the purpose of this part to enhance and promote the mental, physical, and emotional recovery of victims by restricting the circumstances under which a confidential communication with the victim may be disclosed.

77-38-403. Definitions. As used in this part: (1) "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 victimize…

77-38-404. Scope of part. This part governs the disclosure of a confidential communication to a victim advocate, except that: (1) if Title, Confidential Communications for Institutional Advocacy Services, applies, that part governs; and 53H, Chapter 14, Part 4 (2) if, applies, th…

77-38-405. Disclosure of a communication given to a victim advocate. (1) A victim advocate may not disclose a confidential communication with a victim, including a confidential communication in a group therapy session, except: that a criminal justice system victim advocate shall …

77-38-5. Application to felonies and misdemeanors of the declaration of the rights of crime victims. The provisions of this chapter shall apply to: (1) any felony filed in the courts of the state; (2) to any class A and class B misdemeanor filed in the courts of the state; and (3…

77-38-501. Title. This part is known as the "Victims Guidelines for Prosecutors Act."

77-38-502. Definitions. As used in this part: (1) "Certifying entity" means any of the following: a law enforcement agency, as defined in Section; 77-7a-103 a prosecutor, as defined in Section; 77-22-4.5 a court described in Section; 78A-1-101 any other authority that has respons…

77-38-503. Guidelines for prosecutors. (1) Upon the request of the victim or victim's family member, a certifying official from a certifying entity shall certify victim helpfulness on the Form I-918 Supplement B certification, if the certifying entity determines the victim was a …