Utah Code § 53B-28-201

Current through the 2024 Fourth Special Session
Section 53B-28-201 - Definitions

As used in this part:

(1) "Certified advocate" means an individual who:
(a) is employed by or volunteers at a qualified institutional victim services provider;
(b) has completed at least 40 hours of training in counseling and assisting victims of sexual harassment, sexual assault, rape, dating violence, domestic violence, or stalking; and
(c) acts under the supervision of the director or director's designee of a qualified institutional victim services provider.
(2)
(a) "Confidential communication" means information that is communicated by a victim, in the course of the victim seeking an institutional advocacy service, to:
(i) a certified advocate;
(ii) a qualified institutional victim services provider;
(iii) a person reasonably necessary for the transmission of the information;
(iv) an individual who is present at the time the information is transmitted for the purpose of furthering the victim's interests; or
(v) another individual, in the context of group counseling at a qualified institutional victim services provider.
(b) "Confidential communication" includes a record that is created or maintained as a result of the communication described in Subsection (2)(a).
(3) "Institutional advocacy service" means a safety planning, counseling, psychological, support, advocacy, medical, or legal service that:
(a) addresses issues involving:
(i) sexual harassment;
(ii) sexual assault;
(iii) rape;
(iv) domestic violence;
(v) dating violence; or
(vi) stalking; and
(b) is provided by a qualified institutional victim services provider.
(4)
(a) "Qualified institutional victim services provider" means an organization that:
(i) is affiliated with an institution;
(ii) employs or provides volunteer opportunities for certified advocates;
(iii) provides an institutional advocacy service to victims or families of victims; and
(iv) is designated by the affiliated institution as a qualified institutional victim services provider.
(b) "Qualified institutional victim services provider" may include an institution's:
(i) sexual assault center;
(ii) victim advocacy center;
(iii) women's center;
(iv) health center; or
(v) counseling service center.
(5) "Record" means a book, letter, document, paper, map, plan, photograph, film, card, tape, recording, electronic data, or other documentary material regardless of physical form or characteristics.
(6) "Victim" means an individual who seeks an institutional advocacy service.

Utah Code § 53B-28-201

Added by Chapter 188, 2017 General Session ,§ 3, eff. 5/9/2017.

Technically renumbered to avoid duplication of section number also enacted in HB54, Chapter 440.