77-38-3.
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/ut/title-77/chapter-38/77-38-3A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Effective 7/1/2026
77-38-3. Notification to victims -- Initial notice, election to receive subsequent notices -- Form of notice -- Protected victim information -- Pretrial criminal no contact order.
(1)Within seven days after the day on which felony criminal charges are filed against a defendant, the prosecuting agency shall provide an initial notice to reasonably identifiable and locatable victims of the crime contained in the charges, except as otherwise provided in this chapter.
(2)The initial notice to the victim of a crime shall provide information about electing to receive notice of subsequent important criminal justice hearings described in Subsections 77-38-2(5)(a) through
(g)and rights under this chapter.
(3)The prosecuting agency shall provide notice to a victim of a crime:
(a)for the important criminal justice hearings described in Subsections 77-38-2(5)(a) through
(g), which the victim has requested; and
(b)for a restitution request to be submitted in accordance with Section 77-38b-202 .
(a)The responsible prosecuting agency may provide initial and subsequent notices in any reasonable manner, including telephonically, electronically, orally, or by means of a letter or form prepared for this purpose.
(b)In the event of an unforeseen important criminal justice hearing, described in Subsections 77-38-2(5)(a) through
(g)for which a victim has requested notice, a good faith attempt to contact the victim by telephone shall be considered sufficient notice if the prosecuting agency subsequently notifies the victim of the result of the proceeding.
(a)The court shall take reasonable measures to ensure that the court's scheduling practices for the proceedings described in Subsections 77-38-2(5)(a) through
(g)permit an opportunity for victims of crime to be notified.
(b)The court shall consider whether any notification system that the court might use to provide notice of judicial proceedings to defendants could be used to provide notice of judicial proceedings to victims of crime.
(6)A defendant or, if it is the moving party, the Division of Adult Probation and Parole created in Section 64-14-202 , shall give notice to the responsible prosecuting agency of any motion for modification of any determination made at any of the important criminal justice hearings described in Subsections 77-38-2(5)(a) through
(g)in advance of any requested court hearing or action so that the prosecuting agency may comply with the prosecuting agency's notification obligation.
(a)Notice to a victim of a crime shall be provided by the Board of Pardons and Parole for the important criminal justice hearing under Subsection 77-38-2(5)(h) .
(b)The board may provide notice in any reasonable manner, including telephonically, electronically, orally, or by means of a letter or form prepared for this purpose.
(8)Prosecuting agencies and the Board of Pardons and Parole are required to give notice to a victim of a crime for the proceedings provided in Subsections 77-38-2(5)(a) through
(g)only where the victim has responded to the initial notice, requested notice of subsequent proceedings, and provided a current address and telephone number if applicable.
(9)To facilitate the payment of restitution and the notice of hearings regarding restitution, a victim who seeks restitution and notice of restitution hearings shall provide the court with the victim's current address and telephone number.
(a)Law enforcement and criminal justice agencies shall refer any requests for notice or information about crime victim rights from victims to the responsible prosecuting agency.
(b)In a case in which the Board of Pardons and Parole is involved, the responsible prosecuting agency shall forward any request for notice the prosecuting agency has received from a victim to the Board of Pardons and Parole.
(11)In all cases where the number of victims exceeds 10, the responsible prosecuting agency may send any notices required under this chapter in the prosecuting agency's discretion to a representative sample of the victims.
(a)A victim's address, telephone number, and victim impact statement maintained by a peace officer, prosecuting agency, Youth Parole Authority, Division of Juvenile Justice and Youth Services, Department of Corrections, Utah State Courts, and Board of Pardons and Parole, for purposes of providing notice under this section, are classified as protected under Subsection 63G-2-305(10) .
(b)The victim's address, telephone number, and victim impact statement is available only to the following persons or entities in the performance of their duties:
(i)a law enforcement agency, including the prosecuting agency;
(ii)a governmentally sponsored victim or witness program;
(iii)the Department of Corrections;
(iv)the Office for Victims of Crime;
(v)the Department of Criminal Justice;
(vi)the Utah State Courts; and
(vii)the Board of Pardons and Parole.
(13)The notice provisions described in this section do not apply to misdemeanors described in Section 77-38-5 or to important juvenile justice hearings described in Section 77-38-2 .
(a)The court may, during any court hearing in which the defendant is present, issue a pretrial criminal no contact order when a defendant is charged with a felony crime under:
(i)Sections 76-5-301 through 76-5-317 regarding kidnapping, human trafficking, and human smuggling;
(ii)Sections 76-5-401 through 76-5-413.2 regarding sexual offenses; or
(iii)Section 76-5d-208 regarding aggravated exploitation of prostitution.
(b)The pretrial criminal no contact order described in Subsection (14)(a) may:
(i)prohibit the defendant from harassing, telephoning, contacting, or otherwise communicating with the victim directly or through a third party;
(ii)order the defendant to stay away from the residence, school, place of employment of the victim, and the premises of any of these, or any specified place frequented by the victim or any designated family member of the victim directly or through a third party; and
(iii)order any other relief that the court considers necessary to protect and provide for the safety of the victim and any designated family or household member of the victim.
(c)Violation of a pretrial criminal no contact order issued in accordance with this section is a third degree felony.
(i)The court shall provide to the victim a certified copy of any pretrial criminal no contact order that has been issued if the victim can be located with reasonable effort.
(ii)The court shall also transmit the pretrial criminal no contact order to the statewide domestic violence network in accordance with Section 78B-7-113 .
(a)When a case involving a victim may resolve before trial with a plea deal, the prosecutor shall notify the victim of that possibility as soon as practicable.
(b)Upon the request of a victim described in Subsection (15)(a) , the prosecutor shall explain the available details of an anticipated plea deal.
Amended by Chapter 291 , 2026 General Session