77-38-2 - Definitions.
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, ordisparage.
(2) "Dignity" means treating the crime victim with worthiness, honor, and esteem.
(3) "Fairness" means treating the crime victim reasonably, even-handedly, andimpartially.
(4) "Harassment" means treating the crime victim in a persistently annoying manner.
(5) "Important criminal justice hearings" or "important juvenile justice hearings" meansthe following proceedings in felony criminal cases or cases involving a minor's conduct whichwould be a felony if committed by an adult:
(a) any preliminary hearing to determine probable cause;
(b) any court arraignment where practical;
(c) any court proceeding involving the disposition of charges against a defendant or minoror the delay of a previously scheduled trial date but not including any unanticipated proceeding totake an admission or a plea of guilty as charged to all charges previously filed or any plea takenat an initial appearance;
(d) any court proceeding to determine whether to release a defendant or minor and, if so,under what conditions release may occur, excluding any such release determination made at aninitial appearance;
(e) any criminal or delinquency trial, excluding any actions at the trial that a court mighttake in camera, in chambers, or at a sidebar conference;
(f) any court proceeding to determine the disposition of a minor or sentence, fine, orrestitution of a defendant or to modify any disposition of a minor or sentence, fine, or restitutionof a defendant; and
(g) any public hearing concerning whether to grant a defendant or minor parole or otherform of discretionary release from confinement.
(6) "Reliable information" means information worthy of confidence, including anyinformation whose use at sentencing is permitted by the United States Constitution.
(7) "Representative of a victim" means a person who is designated by the victim ordesignated by the court and who represents the victim in the best interests of the victim.
(8) "Respect" means treating the crime victim with regard and value.
(9) (a) "Victim of a crime" means any natural person against whom the charged crime orconduct is alleged to have been perpetrated or attempted by the defendant or minor personally oras a party to the offense or conduct or, in the discretion of the court, against whom a related crimeor act is alleged to have been perpetrated or attempted, unless the natural person is the accused orappears to be accountable or otherwise criminally responsible for or criminally involved in thecrime or conduct or a crime or act arising from the same conduct, criminal episode, or plan as thecrime is defined under the laws of this state.
(b) For purposes of the right to be present, "victim of a crime" does not mean any personwho is in custody as a pretrial detainee, as a prisoner following conviction for an offense, or as ajuvenile who has committed an act that would be an offense if committed by an adult, or who isin custody for mental or psychological treatment.
(c) For purposes of the right to be present and heard at a public hearing as provided inSubsection 77-38-2(5)(g) and the right to notice as provided in Subsection 77-38-3(7)(a), "victim
of a crime" includes any victim originally named in the allegation of criminal conduct who is nota victim of the offense to which the defendant entered a negotiated plea of guilty.
Amended by Chapter 103, 1997 General Session