77-38-9. Representative of victim -- Court designation -- Representation in cases involving minors -- Photographs in homicide cases.

432 words·~2 min read·/ut/title-77/chapter-38/77-38-9

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/13/2014

(a)A victim of a crime may designate, with the approval of the court, a representative who may exercise the same rights that the victim is entitled to exercise under this chapter, including pursuing restitution.

(b)Except as otherwise provided in this section, the victim may revoke the designation at any time.

(c)In cases where the designation is in question, the court may require that the designation of the representative be made in writing by the victim.

(2)In cases in which the victim is deceased or incapacitated, upon request from the victim's spouse, parent, child, or close friend, the court shall designate a representative or representatives of the victim to exercise the rights of a victim under this chapter on behalf of the victim. The responsible prosecuting agency may request a designation to the court.

(a)If the victim is a minor, the court in its discretion may allow the minor to exercise the rights of a victim under this chapter or may allow the victim's parent or other immediate family member to act as a representative of the victim.

(b)The court may also, in its discretion, designate a person who is not a member of the immediate family to represent the interests of the minor.

(4)The representative of a victim of a crime shall not be:

(a)the accused or a person who appears to be accountable or otherwise criminally responsible for or criminally involved in the crime or conduct, a related crime or conduct, or a crime or act arising from the same conduct, criminal episode, or plan as the crime or conduct is defined under the laws of this state;

(b)a person in the custody of or under detention of federal, state, or local authorities; or

(c)a person whom the court in its discretion considers to be otherwise inappropriate.

(5)Any notices that are to be provided to a victim pursuant to this chapter shall be sent to the victim or the victim's lawful representative.

(6)On behalf of the victim, the prosecutor may assert any right to which the victim is entitled under this chapter, unless the victim requests otherwise or exercises his own rights.

(7)In any homicide prosecution, the prosecution may introduce a photograph of the victim taken before the homicide to establish that the victim was a human being, the identity of the victim, and for other relevant purposes.

Amended by Chapter 244 , 2014 General Session