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H.B. 164
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COMPENSATION FOR WRONGFUL
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CONVICTION AND INCARCERATION
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2006 GENERAL SESSION
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STATE OF UTAH
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Chief Sponsor: David Litvack
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Senate Sponsor:
____________
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LONG TITLE
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General Description:
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This bill amends the Judicial Code by establishing a right and procedure for a civil
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action claiming damages for wrongful conviction and incarceration.
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Highlighted Provisions:
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This bill:
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. establishes conditions to be met in order to bring an action for wrongful conviction
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and incarceration, including proof of actual innocence by a pardon or reversal of the
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judgment of conviction;
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. provides for a financial award for each year or portion of a year that the claimant
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was incarcerated and compensation for related costs, including those resulting from
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lost wages, health care, and attorney fees;
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. requires that on and after May 1, 2006, the effective date of this bill, courts and the
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Board of Pardons and Parole provide copies of the statutory provisions created by
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this bill to persons whose pardon or reversal of conviction appear to meet the
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requirements for recovery under this act; and
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. provides time limits for when a claim must be commenced.
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Monies Appropriated in this Bill:
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None
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Other Special Clauses:
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None
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Utah Code Sections Affected:
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ENACTS:
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78-17a-101, Utah Code Annotated 1953
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78-17a-102, Utah Code Annotated 1953
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78-17a-103, Utah Code Annotated 1953
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78-17a-104, Utah Code Annotated 1953
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78-17a-105, Utah Code Annotated 1953
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78-17a-106, Utah Code Annotated 1953
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78-17a-107, Utah Code Annotated 1953
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78-17a-108, Utah Code Annotated 1953
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78-17a-109, Utah Code Annotated 1953
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78-17a-110, Utah Code Annotated 1953
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Be it enacted by the Legislature of the state of Utah:
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Section 1.
Section
78-17a-101
is enacted to read:
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CHAPTER 17a. COMPENSATION FOR WRONGFUL
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CONVICTION AND INCARCERATION
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78-17a-101. Title.
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This chapter is known as "Compensation for Wrongful Conviction and Incarceration."
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Section 2.
Section
78-17a-102
is enacted to read:
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78-17a-102. Eligibility.
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Any person convicted in Utah and subsequently imprisoned for one or more crimes
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which he did not commit may bring a civil action for damages for wrongful conviction and
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imprisonment against the state as provided in this chapter.
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Section 3.
Section
78-17a-103
is enacted to read:
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78-17a-103. Proof of claim for damages.
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To present an actionable claim for wrongful conviction and imprisonment, the claimant
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must establish by documentary evidence that:
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(1) he has been convicted in Utah of one or more crimes, was subsequently sentenced
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to a term of incarceration for any of these crimes, and has served all or any part of the sentence;
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(2) establishes his actual innocence regarding the crime or crimes for which he was
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convicted, by documented evidence of:
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(a) a pardon for the crime or crimes for which he was sentenced and which are the
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grounds for the claim; or
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(b) the reversal or vacation of his judgment of conviction, and dismissal of the
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charging document, or if a new trial was ordered, documentation of a finding of not guilty at
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the new trial, or if the claimant was not retried, documentation of dismissal of the charging
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document, provided that the grounds for action under this Subsection (1)(b) were not
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inconsistent with actual innocence or were not because the statute, or its application, on which
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the charging document was based violated the Constitution of the United States or the
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Constitution of Utah; and
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(3) his claim is not prohibited by the time limitations of Section
78-17a-108
.
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Section 4.
Section
78-17a-104
is enacted to read:
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78-17a-104. Contents of claim of action.
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(1) The claim under this chapter shall state facts in sufficient detail to permit the court
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to find that the claimant is likely to succeed at trial in proving that:
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(a) the claimant did not commit any of the acts alleged in the charging document, or his
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acts or omissions charged in the charging document did not constitute a crime; and
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(b) the claimant did not commit or induce another to commit perjury or fabricate
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evidence to cause or bring about his conviction.
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(2) (a) A guilty plea to a crime the claimant did not commit does not constitute perjury
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under this section.
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(b) Statements by the claimant implicating himself do not, without corroborating
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information, constitute a conclusion that the claimant is not likely to succeed at trial.
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(3) The claim shall be verified by the claimant.
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(4) If the court finds that the claimant is not likely to succeed at trial, it shall dismiss
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the claim, either on its own motion or on the motion of the state.
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Section 5.
Section
78-17a-105
is enacted to read:
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78-17a-105. Jurisdiction.
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Claims of wrongful conviction and imprisonment shall be filed in the district court in
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the county where the claimant alleges under this chapter that he was wrongfully convicted or in
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the state district court in Salt Lake City, Utah.
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Section 6.
Section
78-17a-106
is enacted to read:
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78-17a-106. Judgment and award.
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(1) To obtain a civil judgment for an award under this chapter, the claimant shall
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provide evidence proving all the claims submitted as required under Section
78-17a-103
.
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(2) If the court finds that the claimant was wrongfully convicted and imprisoned under
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this chapter the court shall conduct an evidentiary hearing to determine the amount of damages
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to be awarded, which shall include:
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(a) not less than $40,000 for each year of incarceration, and an additional $30,000 for
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each year served on death row, as adjusted by the Division of Finance for:
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(i) inflation as measured from May 1, 2006, the effective date of this section; and
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(ii) any partial years of incarceration served, as pro-rated on a daily basis;
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(b) economic damages, including lost wages, costs associated with his criminal
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defense, and efforts to prove his innocence;
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(c) medical expenses required after release that are reasonably related to the claimant's
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period of incarceration;
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(d) not more than ten years of physical and mental health care, as the court finds to be
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appropriate, and to be offset by any amount provided through the claimant's employers during
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this period;
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(e) compensation for any reasonable social reintegration services and mental and
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physical health care costs incurred by the claimant during the time period between the
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claimant's release from mistaken incarceration and the date of the award under this chapter;
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(f) reasonable attorney fees calculated at 10% of the award under this chapter, but not
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to exceed $75,000, plus expenses, as adjusted by the Division of Finance to account for
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inflation as measured from May 1, 2006.
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(3) (a) Attorney fees awarded under Subsection (2)(f) may not be deducted from the
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compensation due to the claimant.
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(b) The claimant's counsel is not entitled to receive from the client any fees in addition
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to those awarded under this chapter.
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(4) If the court authorizes an award under this chapter, the court shall also:
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(a) issue an order of expungement of the claimant's criminal record for all acts in the
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charging document upon which the award is based; and
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(b) provide a letter from the court indicating the conviction and imprisonment was
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wrongful, and an apology on behalf of the state.
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(5) The damage award is not subject to:
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(a) any recoveries by private parties in civil lawsuits that are subject to caps; or
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(b) any taxes, except for those portions of the judgment awarded as attorney fees for
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bringing a claim under this chapter.
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(6) The claimant's acceptance of an award under this chapter shall be in writing and is,
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except if procured by fraud:
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(a) the final and conclusive resolution of the claim; and
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(b) a complete release of any claim against the state and a complete bar to any action
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by the claimant against the state by reason for the same subject matter.
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(7) The damage award may not be offset by:
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(a) any expenses incurred by the state or any political subdivision of the state,
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including expenses incurred to secure the claimant's custody, or to feed, clothe, or provide
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medical services for the claimant; or
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(b) the value of any services or the value of any reduction in fees for services to be
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provided to the claimant as a part of the award.
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Section 7.
Section
78-17a-107
is enacted to read:
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78-17a-107. Notice to persons receiving pardons or reversal of conviction.
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(1) (a) A court granting a person judicial relief consistent with the conditions required
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in Section
78-17a-103
on and after May 1, 2006 shall provide a printed copy of this chapter to
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the person at the time the court determines the conditions are satisfied.
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(b) The Board of Pardons and Parole, upon issuing a full pardon under Title 77,
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Chapter 27, Pardons and Paroles, on and after May 1, 2006, shall provide a printed copy of this
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chapter to the person to whom the pardon is granted.
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(2) (a) The person may decline or accept the copy of this chapter, and shall
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acknowledge receipt or refusal of a copy in writing on a form established by the Office of the
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Court Administrator.
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(b) The court shall enter the acknowledgment on the record.
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(c) The acknowledgment is admissible in any proceeding filed by a claimant under this
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chapter.
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(3) If a claimant granted judicial relief or a full pardon on or after May 1, 2006
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demonstrates that he did not receive a copy of this chapter as required under Subsection (1), the
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time limit for submitting a claim under this chapter is extended by one year.
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(4) The Administrative Office of the Courts shall make reasonable attempts to notify
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all persons pardoned or granted judicial relief consistent with the conditions set forth in Section
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78-17a-103
of their rights under this chapter.
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Section 8.
Section
78-17a-108
is enacted to read:
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78-17a-108. Time limitations for bringing an action for a claim.
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(1) An action for an award under this chapter commenced by a person convicted,
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incarcerated, and released from custody on or after May 1, 2006 shall be commenced within
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three years after either the granting of a pardon or granting of judicial relief and the satisfaction
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of the conditions as required under Section
78-17a-103
, except that any action by the state
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challenging or appealing the grant of judicial relief tolls this period of three years.
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(2) An action for an award under this chapter commenced by a person convicted,
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incarcerated, and released from custody prior to May 1, 2006 shall be commenced under this
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chapter on or before June 30, 2016.
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Section 9.
Section
78-17a-109
is enacted to read:
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78-17a-109. Appeal.
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Any party to an action under this chapter is entitled to the rights of appeal afforded to
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parties in a civil action as provided in the Utah Rules of Appellate Procedure.
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Section 10.
Section
78-17a-110
is enacted to read:
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78-17a-110. Rights of victims.
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An action under this chapter is not an "important criminal justice hearing" or "important
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juvenile justice hearing" as defined in Section
77-38-2
of Title 77, Chapter 38, Rights of Crime
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Victims Act.
Legislative Review Note
as of 1-19-06 4:25 PM
Based on a limited legal review, this legislation has not been determined to have a high
probability of being held unconstitutional.