Bill Summary – FastDemocracy

1st Sub. (Buff) H.B. 213                                                   01-22-24 3:52 PM
  capable of performing but unreasonably failed to undertake.
          Section 6. Section 63M-7-527 is enacted to read:
          63M-7-527. Records -- Requirements for release.
          (1) Notwithstanding Title 63G, Chapter 2, Government Records Access and
  Management Act, a confidential record, a public restitution record, and a nonpublic restitution
  record may only be disclosed as provided in this section.
          (2) A confidential record may be provided to:
          (a) the claimant who is the subject of the record if the record requested does not
  contain mental health treatment information; or
          (b) the person who submitted the record to the office.
          (3) A confidential record may be used in:
          (a) a criminal investigation or prosecution when the office suspects that a reparations
  claim may be fraudulent; or
          (b) a subrogation action brought by the office in accordance with Section 63M-7-519.
          (4) (a) The office may disclose a public restitution record for the purpose of carrying
  out this part.
          (b) The office shall disclose a public restitution record to the Board of Pardons and
  Parole for a restitution matter.
          (5) (a) If the office requests restitution in a criminal case, the office º [may] shall, upon
912a request, » provide a
  nonpublic restitution record to the court, the prosecuting attorney, and counsel for the offender.
          (b) A person may not:
          (i) disseminate a nonpublic restitution record obtained under this Subsection (5); or
          (ii) share a nonpublic restitution record with the offender unless the office and claimant
  agree, in writing, to the disclosure.
          (6) Before the office may disclose a restitution record under Subsection (4) or (5), the
  office shall redact:
          (a) the name, not including the initials, of a minor or an individual who has been the
  victim of a sexual assault;
          (b) the contact information of a claimant or a witness, including a physical address,
  phone number, or email address;
          (c) a claimant's date of birth and social security number; and
                                                      - 30 -       House Committee Amendments 2-21-2024 ho/jc1
Statutes affected: 
H.B. 213 2nd Substitute (Not Adopted) Text: 17-22-30, 52-4-205, 63G-2-305, 63G-2-305.5, 63M-7-502, 63M-14-205, 63N-16-201
Amended: 17-22-30, 52-4-205, 63G-2-305, 63G-2-305.5, 63M-7-502, 63M-14-205, 63N-16-201
H.B. 213 1st Substitute (Not Adopted) Text: 17-22-30, 52-4-205, 63G-2-305, 63G-2-305.5, 63M-7-502, 63M-14-205, 63N-16-201
Introduced: 17-22-30, 52-4-205, 63G-2-305, 63G-2-305.5, 63M-7-502, 63M-14-205, 63N-16-201