77-38-12 - Construction of this chapter -- No right to set aside conviction, adjudication, admission, or plea -- Severability clause.
77-38-12. Construction of this chapter -- No right to set aside conviction,adjudication, admission, or plea -- Severability clause.
(1) All of the provisions contained in this chapter shall be construed to assist the victimsof crime.
(2) This chapter may not be construed as creating a basis for dismissing any criminalcharge or delinquency petition, vacating any adjudication or conviction, admission or plea ofguilty or no contest, or for a defendant to obtain appellate, habeas corpus, or other relief from ajudgment in any criminal or delinquency case.
(3) This chapter may not be construed as creating any right of a victim to appointedcounsel at state expense.
(4) All of the rights contained in this chapter shall be construed to conform to theConstitution of the United States.
(5) (a) In the event that any portion of this chapter is found to violate the Constitution ofthe United States, the remaining provisions of this chapter shall continue to operate in full forceand effect.
(b) In the event that a particular application of any portion of this chapter is found toviolate the Constitution of the United States, all other applications shall continue to operate infull force and effect.
(6) The enumeration of certain rights for crime victims in this chapter shall not beconstrued to deny or disparage other rights granted by the Utah Constitution or the Legislature orretained by victims of crimes.
Amended by Chapter 120, 2009 General Session