Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 82 (2025GS)

Sponsor

Rep. Gwynn, Matthew H.

Final action

Governor Signed 3/25/2025

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• addresses the procedures a prosecution agency is required to follow when the prosecution agency creates a system for tracking past peace officer misconduct that the agency has to disclose to a defendant in certain circumstances; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

6
53-25-601
53-25-602
53-25-603
63I-2-253
53-25-601
53-25-602
53-25-603
63I-2-253
Law Enforcement Modifications
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Matthew H. Gwynn
Senate Sponsor: Michael K. McKell
LONG TITLE
General Description:
This bill addresses due process rights for peace officers in certain circumstances.
Highlighted Provisions:
This bill:
addresses the procedures a prosecution agency is required to follow when the prosecution 
agency creates a system for tracking past peace officer misconduct that the agency has to 
disclose to a defendant in certain circumstances; and
 makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
63I-2-253
, as last amended by Laws of Utah 2024, Third Special Session, Chapters 5, 5
ENACTS:
53-25-601
, Utah Code Annotated 1953
53-25-602
, Utah Code Annotated 1953
53-25-603
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1, Section 
53-25-601
 is enacted to read:
6. Requirements Related to Brady Material
53-25-601. Definitions.
As used in this part:
(1)
"Brady identification system" means any type of system used by a prosecution agency 
to assist in tracking and disclosing Brady material to defendants being prosecuted by the 
prosecution agency.
(2)
"Brady material" means potential impeachment information that a prosecutor has 
disclosed or may disclose to a defendant being prosecuted for a criminal offense relating 
to conduct of a peace officer who was involved in the arrest or investigation of the 
defendant.
(3)
"Law enforcement agency" means a public agency having general police power and 
charged with making arrests in connection with enforcement of the criminal laws, 
statutes, or ordinances of this state or political subdivisions of this state.
(4)
(a)
"Peace officer" means any officer certified in accordance with Chapter 13, Peace 
Officer Classifications.
(b)
"Peace officer" includes any employee of a law enforcement agency whose job 
duties include providing courtroom testimony in support of the enforcement of 
criminal laws, statutes, or ordinances.
(5)
"POST" means the Peace Officer Standards and Training Division created in Section 
53-6-103
.
(6)
"Prosecution agency" means a city attorney, county attorney, district attorney, the 
attorney general, or other prosecution agency.
Section 2, Section 
53-25-602
 is enacted to read:
53-25-602. Prosecution agency's requirements related to Brady material.
(1)
(a)
A prosecution agency may use a Brady identification system to fulfill the 
prosecution agency's discovery obligations regarding Brady material under federal 
law, state law, court order, or court rule.
(b)
A prosecution agency is not required to maintain a Brady identification system and 
may determine that the prosecution agency's discovery obligations regarding Brady 
material can be met through another procedure.
(2)
A prosecution agency that uses a Brady identification system may make disclosures of 
Brady material to a defendant in a prosecution even if the prosecution agency has not 
made a final decision regarding whether the peace officer who is the subject of the 
Brady material will be placed onto the prosecution agency's Brady identification system.
(3)
(a)
Except as provided in Subsection 
(3)(b)
, before a prosecution agency may initially 
place a peace officer on the prosecution agency's Brady identification system, or add 
additional information to the prosecution agency's Brady identification system 
regarding a peace officer already on the prosecution agency's Brady identification 
system for a reason unrelated to the initial placement, the prosecution agency shall:
(i)
provide the peace officer with written notice that the prosecution agency intends 
to:
(A)
place the peace officer onto the prosecution agency's Brady identification 
system; or
(B)
if the peace officer is already on the prosecution agency's Brady identification 
system, add additional information about the peace officer onto the prosecution 
agency's Brady identification system;
(ii)
provide the peace officer with copies of any documents, records, and other 
evidence relied upon by the prosecution agency that is seeking to place the peace 
officer, or add additional information regarding the peace officer, onto the Brady 
identification system; and
(iii)
provide the peace officer with an opportunity to dispute the peace officer's 
placement, or addition of information regarding the peace officer, onto the Brady 
identification system.
(b)
A prosecution agency is not required to provide the procedures described in 
Subsection 
(3)(a)
 if the Brady material underlying the peace officer's placement onto 
the Brady identification system relates to a criminal conviction.
(4)
(a)
If a peace officer is employed by a law enforcement agency and is placed onto a 
prosecution agency's Brady identification system in accordance with this section, the 
prosecution agency shall notify the peace officer's employer regarding the placement.
(b)
A peace officer who is placed onto a prosecution agency's Brady identification 
system before May 7, 2025, may request within 180 calendar days after May 7, 2025, 
a review by the prosecution agency regarding the peace officer's placement and, if the 
prosecution agency receives the request, the prosecution agency shall undertake the 
review.
(5)
A prosecution agency that uses a Brady identification system shall adopt a policy, 
accessible to any peace officer in the prosecution agency's jurisdiction, that includes:
(a)
the criteria used by the prosecution agency to place an officer on the prosecution 
agency's Brady identification system including:
(i)
a description of what conduct qualifies as Brady material; and
(ii)
a description of other conduct not defined in this part that the prosecution agency 
determines will get a peace officer placed on the prosecution agency's Brady 
identification system; and
(b)
the rights, procedures, and limitations described in Subsection 
(3)
.
(6)
If a peace officer is placed onto a prosecution agency's Brady identification system and 
then is placed on another prosecution agency's Brady identification system, the other 
prosecution agency:
(a)
does not have to provide the peace officer with the rights and procedures described in 
Subsection (3)(a), if the peace officer's placement is based on the same conduct that 
led to the peace officer being placed on the initial prosecution agency's Brady 
identification system and the peace officer was provided the rights and procedures 
described in Subsection (3)(a) by the initial prosecution agency; and
(b)
shall:
(i)
provide the peace officer with written notice that the prosecution agency has 
added the peace officer to the prosecution agency's Brady identification system;
(ii)
provide the peace officer with an opportunity to respond in writing to the peace 
officer's placement on the prosecution agency's Brady identification system; and
(iii)
review the peace officer's response described in Subsection 
(6)(b)(ii)
.
(7)
A peace officer may not seek judicial review of a prosecution agency's determination to 
place an officer on a Brady identification system in accordance with this section.
(8)
Any information or record maintained by a prosecution agency in a Brady identification 
system is not subject to disclosure under Title 63G, Chapter 2, Government Records 
Access and Management Act.
(9)
This section does not:
(a)
create a private cause of action by a peace officer or by a law enforcement agency 
against a prosecution agency or the prosecution agency's employees for the 
procedures and determination related to the placement of a peace officer onto a Brady 
identification system; or
(b)
restrict or limit a prosecution agency from fulfilling the prosecution agency's 
discovery obligations.
Section 3, Section 
53-25-603
 is enacted to read:
53-25-603. Peace officer and employing law enforcement agency requirements 
related to Brady material.
(1)
(a)
If a peace officer has been placed onto a prosecution agency's Brady identification 
system after being provided the rights and procedures described in Subsection 
53-25-603(3)
 and the peace officer is subpoenaed by a different prosecution agency 
to testify in court, the peace officer shall disclose that placement to the prosecution 
agency that issued the subpoena as soon as practicable after receiving the subpoena.
(b)
If a peace officer fails to disclose the peace officer's placement on a Brady 
identification system as described in Subsection (1)(a), the peace officer's employing 
law enforcement agency may take disciplinary action against the peace officer.
(2)
(a)
A law enforcement agency may not use the placement of a peace officer onto a 
Brady identification system as described in Section 
53-25-603
 as the sole reason for 
taking or denying any of the following employment actions against the peace officer:
(i)
demotion;
(ii)
suspension;
(iii)
termination; or
(iv)
any other disciplinary action.
(b)
Notwithstanding Subsection (2)(a), a law enforcement agency may use the 
underlying facts of the Brady material that were the basis for the peace officer's 
placement onto a Brady identification system for taking a disciplinary action against 
the peace officer in accordance with the law enforcement agency's adopted policies 
and procedures and governing law.
(3)
A chief, sheriff, or administrative officer of a law enforcement agency who knows of an 
allegation against a peace officer employed by the chief's, sheriff's, or administrative 
officer's law enforcement agency involving Brady material shall conduct an 
administrative or internal investigation into the allegation and, if after the law 
enforcement agency's adopted policies and procedures are followed and the allegation is 
substantiated, report the findings of the investigation to:
(a)
if the law enforcement agency is a private law enforcement agency or a city, county, 
or other local law enforcement agency, the county attorney of the jurisdiction where 
the law enforcement agency is located; or
(b)
if the law enforcement agency is a state law enforcement agency, to the attorney 
general.
Section 4, Section 
63I-2-253
 is amended to read:
63I-2-253. Repeal dates: Titles 53 through 53G.
(1)
Subsection 
53-1-104
(1)(b), regarding the Air Ambulance Committee, is repealed July 1, 
2024.
(2)
Section 
53-1-118
, Public Safety Honoring Heroes Restricted Account -- Creation -- 
Funding -- Distribution of funds by the commissioner, is repealed July 1, 2024.
(3)
Section 
53-1-120
, Utah Law Enforcement Memorial Support Restricted Account -- 
Creation -- Funding -- Distribution of funds by the commissioner, is repealed July 1, 
2024.
(4)
Section 
53-2a-303
, Statewide mutual aid committee, is repealed October 1, 2024.
(5)
Title 53, Chapter 2c, COVID-19 Health and Economic Response Act, is repealed July 1, 
2026.
(6)
Section 
53-2d-101.1
, Contracting authority -- Rulemaking authority, is repealed July 1, 
2024.
(7)
Section 
53-2d-107
, Air Ambulance Committee -- Membership -- Duties, is repealed 
July 1, 2024.
(8)
Section 
53-2d-302
, Trauma system advisory committee, is repealed October 1, 2024.
(9)
Section 
53-7-109
, Firefighter Support Restricted Account, is repealed July 1, 2024.
(10)
Section 
53-9-104
, Board -- Creation-- Qualifications -- Appointments -- Terms -- 
Immunity, is repealed October 1, 2024.
(11)
Section 
53-9-105
, Powers and duties of the board, is repealed October 1, 2024.
(12)
Section 
53-9-106
, Meetings -- Hearings, is repealed October 1, 2024.
(13)
Section 
53-22-104.1
, School Security Task Force -- Membership -- Duties -- Per diem 
-- Report -- Expiration, is repealed December 31, 2025.
(14)
Section 
53-22-104.2
, The School Security Task Force -- Education Advisory Board, is 
repealed December 31, 2025.
(15)
Section 
53-25-103
, Airport dangerous weapon possession reporting requirements, is 
repealed December 31, 2031.
(16)
Subsection 
53-25-602(4)(b)
, regarding the rights of a peace officer placed onto a 
prosecution agency's Brady identification system before May 7, 2025, is repealed 
December 1, 2025.
(16)
(17)
Section 
53B-8-114
, Continuation of previously authorized scholarships, is 
repealed July 1, 2024.
(17)
(18)
Section 
53B-10-101
, Terrel H. Bell Teaching Incentive Loans program -- 
Eligible students -- Cancellation of incentive loans -- Repayment by recipient who fails 
to meet requirements -- Duration of incentive loans, is repealed July 1, 2027.
(18)
(19)
Subsection 
53F-2-504
(6), regarding a report on the Salary Supplement for 
Highly Needed Educators, is repealed July 1, 2026.
(19)
(20)
Section 
53F-2-524
, Teacher bonuses for extra assignments, is repealed July 1, 
2024.
(20)
(21)
Section 
53F-5-221
, Management of energy and water use pilot program, is 
repealed July 1, 2028.
(21)
(22)
Section 
53F-5-222
, Mentoring and Supporting Teacher Excellence and 
Refinement Pilot Program, is repealed July 1, 2028.
(22)
(23)
Section 
53F-5-223
, Stipends for Future Educators Grant Program, is repealed 
July 1, 2028.
(23)
(24)
Section 
53F-9-401
, Autism Awareness Restricted Account, is repealed July 1, 
2024.
(24)
(25)
Section 
53F-9-403
, Kiwanis Education Support Fund, is repealed July 1, 2024.
(25)
(26)
Subsection 
53G-11-502
(1), regarding implementation of the educator evaluation 
process, is repealed July 1, 2029.
(26)
(27)
Section 
53G-11-506
, Establishment of educator evaluation program -- Joint 
committee, is repealed July 1, 2029.
(27)
(28)
Section 
53G-11-507
, Components of educator evaluation program, is repealed 
July 1, 2029.
(28)
(29)
Section 
53G-11-508
, Summative evaluation timelines -- Review of summative 
evaluations, is repealed July 1, 2029.
(29)
(30)
Section 
53G-11-509
, Mentor for provisional educator, is repealed July 1, 2029.
(30)
(31)
Section 
53G-11-510
, State board to describe a framework for the evaluation of 
educators, is repealed July 1, 2029.
(31)
(32)
Section 
53G-11-511
, Rulemaking for privacy protection, is repealed July 1, 2029.
(32)
(33)
Subsection
53G-11-520
(1), regarding optional alternative educator evaluation 
processes, is repealed July 1, 2029.
(33)
(34)
Subsection 
53G-11-520
(2), regarding an exception from educator evaluation 
process requirements, is repealed July 1, 2029.
Section 5. 
Effective date.
This bill takes effect on 
May 7, 2025
.
1-27-25 10:57 AM