§ 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 victimized.
(2) "Advocacy services provider" means an entity that has the primary focus of providing advocacy services in general or with specialization to a specific crime type or specific type of victimization.
(3) "Confidential communication" means a communication that is intended to be confidential between a victim and a victim advocate for the purpose of obtaining advocacy services.
(4) "Criminal justice system victim advocate" means an individual who:

(4)(a) is employed or authorized to volunteer by a government agency that possesses a role or responsibility within the criminal justice system;
(4)(b) has as a primary responsibility addressing the mental, physical, or emotional recovery of victims;
(4)(c) completes a minimum 40 hours of trauma-informed training:
(4)(c)(i) in crisis response, the effects of crime and trauma on victims, victim advocacy services and ethics, informed consent, and this part regarding privileged confidential communication; and
(4)(c)(ii) that have been approved or provided by the Utah Office for Victims of Crime; and
(4)(d) is under the supervision of the director or director's designee of the government agency.
(5) "Health care provider" means the same as that term is defined in Section 78B-3-403.
(6) "Mental health therapist" means the same as that term is defined in Section 58-60-102.
(7) "Nongovernment organization victim advocate" means an individual who:

(7)(a) is employed or authorized to volunteer by an nongovernment organization advocacy services provider;
(7)(b) has as a primary responsibility addressing the mental, physical, or emotional recovery of victims;
(7)(c) has a minimum 40 hours of trauma-informed training:
(7)(c)(i) in assisting victims specific to the specialization or focus of the nongovernment organization advocacy services provider and includes this part regarding privileged confidential communication; and
(7)(c)(ii) (7)(c)(ii)(A) that have been approved or provided by the Utah Office for Victims of Crime; or
(7)(c)(ii)(B) that meets other minimally equivalent standards set forth by the nongovernment organization advocacy services provider; and
(7)(d) is under the supervision of the director or the director's designee of the nongovernment organization advocacy services provider.
(8) "Record" means a book, letter, document, paper, map, plan, photograph, file, card, tape, recording, electronic data, or other documentary material regardless of physical form or characteristics.
(9) "Victim" means:

(9)(a) a victim of a crime as defined in Section 77-38-2;
(9)(b) an individual who is a victim of domestic violence as defined in Section 77-36-1; or
(9)(c) an individual who is a victim of dating violence as defined in Section 78B-7-102.
(10) (10)(a) "Victim advocate" means:
(10)(a)(i) a criminal justice system victim advocate;
(10)(a)(ii) a nongovernment organization victim advocate; or
(10)(a)(iii) an individual who is employed or authorized to volunteer by a public or private entity and is designated by the Utah Office for Victims of Crime as having the specific purpose of providing advocacy services to or for the clients of the public or private entity.
(10)(b) "Victim advocate" does not include an employee of the Utah Office for Victims of Crime.

Legislative History

Amended by Chapter 142, 2020 General Session