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H.B. 28
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PENALTIES FOR CRIME VICTIMS'
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REPARATIONS FRAUDULENT CLAIMS
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2000 GENERAL SESSION
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STATE OF UTAH
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Sponsor: Neal B. Hendrickson
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AN ACT RELATING TO STATE AFFAIRS IN GENERAL; CHANGING THE AMOUNTS
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FOR THE PENALTIES FOR FRAUDULENTLY OBTAINING CRIME VICTIMS'
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REPARATIONS FUNDS.
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This act affects sections of Utah Code Annotated 1953 as follows:
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AMENDS:
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9-4-612, as renumbered and amended by Chapter 241, Laws of Utah 1992
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63-25a-410, as last amended by Chapter 308, Laws of Utah 1997
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Be it enacted by the Legislature of the state of Utah:
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Section 1.
Section
9-4-612
is amended to read:
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9-4-612. Penalties for fraudulently obtaining or continuing to receive housing
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assistance benefits.
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(1) No person may knowingly, by misrepresentation, impersonation, or any other
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fraudulent means, make any false statement to housing authority personnel or, after being accepted
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as a recipient of housing authority benefits, fail to disclose to housing authority personnel any:
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(a) change in household composition;
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(b) employment change;
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(c) change in marital status;
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(d) receipt of any other monetary assistance;
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(e) receipt of in-kind gifts; or
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(f) any other material fact or change in circumstances which would affect the
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determination of that person's eligibility to receive housing assistance benefits, or would affect the
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amount of benefits for which he is eligible.
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(2) No person may fail to disclose any of the information described in Subsection (1) for
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the purpose of obtaining or continuing to receive funds or other housing assistance benefits to
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which he is not entitled, or in an amount larger than that to which he is entitled.
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(3) No person who has duties relating to the administration of any housing authority
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program may fraudulently misappropriate any funds or other assistance with which he has been
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entrusted, or of which he has gained possession by virtue of his position.
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(4) No person may knowingly:
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(a) file or falsify any claim, report, or document required by state or federal law, rule, or
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provider agreement, to obtain or attempt to obtain unauthorized housing assistance benefits under
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this chapter; or
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(b) attempt to commit, or aid or abet the commission of, any act prohibited by this section.
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(5) The punishment for violation of any provision of this section by a housing assistance
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recipient is determined by the cumulative value of the funds or other benefits he received from all
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the frauds he committed, and not by each separate instance of fraud.
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(6) The punishment for the offenses of this section are:
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(a) a felony of the second degree if the value of the funds or other benefits received,
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misappropriated, claimed, or applied for, is equal to or exceeds [$1,000] $5,000;
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(b) a felony of the third degree if the value of the funds or other benefits received,
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misappropriated, claimed, or applied for, is [more] equal to or greater than [$250] $1,000 but [not
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more] less than [$1,000] $5,000;
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(c) a class A misdemeanor if the value of the funds or other benefits received,
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misappropriated, claimed, or applied for, is [more] equal to or greater than [$100] $300 but not
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[more] less than [$250] $1,000; or
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(d) a class B misdemeanor if the value of the funds or other benefits received,
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misappropriated, claimed, or applied for, is [$100 or] less than $300.
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Section 2.
Section
63-25a-410
is amended to read:
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63-25a-410. Ineligible persons -- Fraudulent claims -- Penalties.
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(1) The following individuals shall not be eligible to receive an award of reparations:
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(a) persons who do not meet all of the provisions set forth in Section
63-25a-409
;
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(b) the offender;
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(c) an accomplice of the offender;
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(d) any person whose receipt of an award would unjustly benefit the offender, accomplice,
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or other person reasonably suspected of participating in the offense;
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(e) the victim of a motor vehicle injury who was the owner or operator of the motor
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vehicle and was not at the time of the injury in compliance with the state motor vehicle insurance
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laws;
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(f) any convicted offender serving a sentence of imprisonment for that conviction or
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residing in any other institution which provides for the maintenance of convicted persons; and
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(g) residents of halfway houses or any other correctional facilities and all persons who are
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on probation or parole if the circumstances surrounding the offense of which they are victims
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constitute a violation of their parole or probation.
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(2) A person who knowingly submits a fraudulent claim for reparations or who knowingly
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misrepresents material facts in making a claim, and who receives an award based on that claim,
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is guilty of an offense, based on the following award amounts:
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(a) for value under [$200] $300, a class B misdemeanor;
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(b) for value equal to or greater than [$200] $300, but less than [$500] $1,000, a class A
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misdemeanor;
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(c) for value equal to or greater than [$500] $1,000, but less than [$1000] $5,000, a third
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degree felony; and
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(d) for value equal to or greater than [$1000] $5,000, a second degree felony.
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(3) A person who submits a claim described in Subsection (2) but receives no award based
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on that claim is guilty of a class B misdemeanor.
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(4) The state attorney general may prosecute violations under this section or may make
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arrangements with county attorneys for the prosecution of violations under this section when the
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attorney general cannot conveniently prosecute.
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(5) The state may also bring a civil action against a claimant who receives reparation
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payments that are later found to be unjustified and who does not return to the board the unjustified
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amount.
Legislative Review Note
as of 12-21-99 3:27 PM
A limited legal review of this legislation raises no obvious constitutional or statutory concerns.