§ 77-38-503 — Guidelines for prosecutors.

Utah § 77-38-503

• Jurisdiction: Utah
• Title 77: Utah Code of Criminal Procedure
• Ch. 77-38: Crime Victims
• Part 77-38-5: Victims Guidelines for Prosecutors Act

Text

(1) Upon the request of the victim or victim's family member, a certifying official from a certifying entity shall certify victim helpfulness on the Form I-918 Supplement B certification, if the certifying entity determines the victim was a victim of a qualifying criminal activity and has been helpful, is being helpful, or is likely to be helpful to the detection, investigation, or prosecution of that qualifying criminal activity.
(2) A certifying entity shall determine helpfulness as described in Subsection (1) in a manner consistent with federal guidelines.
(3) A certifying entity shall process a Form I-918 Supplement B certification within 90 days of request, unless the noncitizen is in removal proceedings, in which case the certification shall be processed within 14 days of request.
(4) A current investigation, the filing of charges, a prosecution, or a conviction are not required for the victim to request the Form I-918 Supplement B certification from a certifying official.
(5) A certifying official may withdraw a Form I-918 Supplement B certification if:

(5)(a) the victim refuses to provide information and assistance when reasonably requested; or
(5)(b) the certifying entity determines that the individual is not a victim of a qualifying criminal activity.
(6) A certifying entity is prohibited from disclosing the immigration status of a victim or person requesting the Form I-918 Supplement B certification, except to comply with federal law, or if authorized by the victim or person requesting the Form I-918 Supplement B certification.
(7) (7)(a) Each certifying entity shall maintain records of the following information related to each request for a Form I-918 Supplement B certification:
(7)(a)(i) the number of victims that requested Form I-918 Supplement B certifications from the entity;
(7)(a)(ii) the number of those Form I-918 Supplement B certifications that were signed; and
(7)(a)(iii) the number of Form I-918 Supplement B certifications that were denied.
(7)(b) Each certifying entity shall report the information described in Subsection (7)(a) to the commission before June 30, 2021, and each year thereafter.
(7)(c) The commission shall report the information received pursuant to Subsection (7)(b) to the Judiciary Interim Committee of the Legislature on or before November 30 of each year.
(8) (8)(a) A certifying entity may not disclose personal identifying information, or information regarding the citizenship or immigration status of any victim of criminal activity or trafficking who is requesting a certification unless:
(8)(a)(i) required to do so by applicable state or federal law or court order; or
(8)(a)(ii) the certifying agency has written authorization from:

(8)(a)(ii)(A) the victim; or
(8)(a)(ii)(B) if the victim is a minor or is otherwise not legally competent, from the victim's parent or guardian.
(8)(b) Subsection (8)(a) does not modify legal obligations of a prosecutor or law enforcement to disclose information and evidence to a defendant.

Legislative History

Enacted by Chapter 112, 2020 General Session