State Codes and Statutes
Statutes > Utah > Title-77 > Chapter-38 > 77-38-977-38-9. Representative of victim -- Court designation -- Representation in casesinvolving minors -- Photographs in homicide cases.
(1) (a) A victim of a crime may designate, with the approval of the court, a representativewho may exercise the same rights that the victim is entitled to exercise under this chapter.
(b) Except as otherwise provided in this section, the victim may revoke the designation atany time.
(c) In cases where the designation is in question, the court may require that thedesignation of the representative be made in writing by the victim.
(2) In cases in which the victim is deceased or incapacitated, upon request from thevictim's spouse, parent, child, or close friend, the court shall designate a representative orrepresentatives of the victim to exercise the rights of a victim under this chapter on behalf of thevictim. The responsible prosecuting agency may request a designation to the court.
(3) (a) If the victim is a minor, the court in its discretion may allow the minor to exercisethe rights of a victim under this chapter or may allow the victim's parent or other immediatefamily 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 theimmediate 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 criminallyresponsible for or criminally involved in the crime or conduct, a related crime or conduct, or acrime or act arising from the same conduct, criminal episode, or plan as the crime or conduct isdefined 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 tothe victim or the victim's lawful representative.
(6) On behalf of the victim, the prosecutor may assert any right to which the victim isentitled 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 thevictim taken before the homicide to establish that the victim was a human being, the identity ofthe victim, and for other relevant purposes.
Amended by Chapter 352, 1995 General Session
