Senate refines victim reparations law, caps awards and limits attorney fees

The Utah Senate on Feb. 5 passed Senate Bill 83, a package of changes to the state victim reparation system that caps awards, narrows attorney-fee recovery and clarifies subrogation rights.

Senator Lyle Hilliard, sponsor of the bill, told colleagues the measure “caps the award $25,000,” and would allow attorney fees in only two limited areas while clarifying how subrogation by other payers operates. He said the fund currently holds “about $3,000,000” and that last year roughly $3,200,000 was paid to victims, an average of about $1,900 per claim.

The bill adds a 15% maximum on attorney fees taken from an award in the specific circumstances described by the measure — for example, when an attorney is engaged to appeal a Board determination and the award is later reversed. Hilliard told senators court filing costs could be paid in addition to that cap but that routine attorney research and other charges would not be paid out of the fund. “If you have a claim case in front of the victim reparation board… then you go to get an attorney…and you pay the attorney out of that award, but no more than 15% of the award,” he said.

Senators questioned how much of the fund is spent on administration. Hilliard cited a figure in committee materials showing about $450,000 in administrative costs last year—approximately 15%—but noted that when non‑monetary victim services are counted, the effective administrative rate is likely below 10%.

Opponents raised concerns that a low cap on attorney fees could deter representation for victims who need counsel; supporters replied that the cap aims to preserve as much of each award as possible for claimants while still allowing legal representation in limited circumstances.

The Senate recorded 28 ayes, no nays and one absence on the final question; the bill will proceed to the House.