Section 63M-7-509 - Grounds for eligibility(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;(c) the application is made in writing in a form that conforms substantially to that prescribed by the board;(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.Amended by Chapter 148, 2022 General Session ,§ 2, eff. 5/4/2022.Amended by Chapter 149, 2020 General Session ,§ 7, eff. 5/12/2020.Amended by Chapter 339, 2008 General Session
Renumbered and Amended by Chapter 382, 2008 General Session.