Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 171 (2025GS)

Sponsor

Rep. Clancy, Tyler

Final action

House/ filed 3/7/2025

Outcome

Failed / filed without passage

Summary

What it does

• This bill:
• defines terms;
• addresses access by a defendant and a defendant's attorney to nonpublic electronic data related to a victim; and
• provides a victim in a criminal proceeding with a right to privacy in any nonpublic electronic data related to the victim that is collected during the course of the criminal investigation or action.

Every vote on this bill

Bill text

4
77-4-202
77-37-3
Victim and Witness Privacy Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Tyler Clancy
Senate Sponsor: Michael K. McKell
LONG TITLE
General Description:
This bill addresses the privacy of a victim and witness in a criminal investigation or action.
Highlighted Provisions:
This bill:
defines terms;
addresses access by a defendant to nonpublic information belonging to a victim or 
witness, including:
providing that a defendant may only obtain nonpublic information belonging to a 
victim or witness that is not in the possession of a law enforcement agency or 
prosecuting attorney through a valid search warrant or a subpoena;
requiring the prosecuting attorney to make available nonpublic information belonging 
to a victim or witness that is in the possession of a law enforcement agency or 
prosecuting attorney;
providing that a defendant may only inspect, view, or examine the nonpublic 
information belonging to a victim or witness that is in the possession of a law 
enforcement agency at a governmental facility; and
providing the requirements for a defendant to copy, photograph, or otherwise 
reproduce nonpublic information belonging to a victim or witness; and
provides a victim or a witness in a criminal proceeding with a right to privacy in any 
nonpublic information belonging to the victim or witness that is collected during the 
course of the criminal investigation or action.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
77-37-3
, as last amended by Laws of Utah 2024, Chapters 96, 164
ENACTS:
77-4-202
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1, Section 
77-4-202
 is enacted to read:
77-4-202. Production of nonpublic information belonging to a victim or witness.
(1)
As used in this section:
(a)
"Governmental facility" means a facility that is owned, leased, or operated by this 
state or a political subdivision of this state.
(b)
"Law enforcement agency" means the same as that term is defined in Section 
53-10-102
.
(c)
"Nonpublic information" means information that is otherwise not available to the 
public.
(d)
"Record" means information that is inscribed on a tangible medium or that is stored 
in an electronic or other medium and is retrievable in perceivable form.
(e)
"Victim" means the same as that term is defined in Section 
77-37-2
.
(f)
(i)
"Victim or witness information" means nonpublic information related to a 
victim or witness.
(ii)
"Victim or witness information" includes nonpublic information obtained by a 
law enforcement or prosecuting agency in the course of a criminal investigation.
(iii)
"Victim or witness information" does not include nonpublic information in a 
verbal or written statement made to a law enforcement agency or a prosecuting 
agency.
(g)
"Witness" means the same as that term is defined in Section 
77-37-2
.
(2)
If a defendant seeks nonpublic information related to a victim or witness that is not in 
the possession of a law enforcement agency or the prosecuting agency, the defendant 
may only obtain the victim or witness information as described in Rule 14(c) of the Utah 
Rules of Criminal Procedure.
(3)
If victim or witness information is in the possession of a law enforcement agency or the 
prosecuting agency:
(a)
the prosecuting attorney shall make the victim or witness information available to the 
defendant in accordance with this section; and
(b)
the defendant may only inspect, view, or examine the victim or witness information 
at a governmental facility.
(4)
Any victim or witness information that is in the possession of a law enforcement agency 
or the prosecuting agency shall remain in the care, custody, and control of:
(a)
the law enforcement agency;
(b)
the prosecuting agency; or
(c)
the court.
(5)
If victim or witness information is made available to a defendant as described in 
Subsection 
(2)
 or (3), the defendant may only copy, photograph, or otherwise reproduce 
the victim or witness information:
(a)
upon written stipulation by the victim or witness; or
(b)
upon an order by the court as described in Subsection 
(6)
.
(6)
(a)
A court may issue an order allowing a defendant to copy, photograph, or 
otherwise reproduce victim or witness information if the court finds that:
(i)
the victim or witness information was directly communicated to the defendant by 
the victim or witness;
(ii)
the victim or witness information is direct evidence of an element of the offense 
for which the defendant is charged;
(iii)
the victim or witness information has been submitted by the prosecuting agency 
as an exhibit at a hearing;
(iv)
the prosecuting attorney intends to submit the victim or witness information as an 
exhibit at trial; or
(v)
(A)
the victim or witness information is relevant and material evidence;
(B)
a review of the victim or witness information at a governmental facility is 
inadequate for the defendant to prepare a defense for trial; and
(C)
the defendant has a legitimate interest in copying, photographing, or otherwise 
reproducing the victim or witness information that outweighs the victim's or 
witness's right to privacy and right to be free from harassment as described in 
Section 
77-37-3
.
(7)
The court may only issue an order described in Subsection 
(6)
 after:
(a)
the prosecuting agency and the victim or witness have been given notice of the 
hearing and an opportunity to be heard at the hearing; and
(b)
the court has considered and limited, where appropriate, the use and further 
disclosure of the victim and witness information in order to protect the privacy 
interests of the victim or witness.
(8)
At the request of a victim, witness, or a representative of a victim or witness, the court 
may:
(a)
conduct an ex parte in camera review of victim or witness information that the victim 
or witness does not believe should be made available to the defendant; and
(b)
enter an order prohibiting the inspection, review, or examination of the victim or 
witness information if the victim or witness information is:
(i)
not relevant or material evidence in the criminal case; or
(ii)
evidence of sexual behavior by the victim or witness that is inadmissible under 
Rule 412 of the Utah Rules of Evidence.
(9)
A law enforcement agency and a prosecuting agency shall establish a policy that 
ensures victim and witness information is:
(a)
used solely for legitimate law enforcement and prosecutorial purposes; and
(b)
maintained in a manner that protects the privacy of a victim or witness.
(10)
This section does not:
(a)
limit the rights of a defendant under the Constitution of the United States or the Utah 
Constitution; or
(b)
create a right for a defendant that is beyond the rights created by the requirements of 
Rule 16 of the Utah Rules of Criminal Procedure, the Utah Constitution, and the 
United States Constitution.
Section 2, Section 
77-37-3
 is amended to read:
77-37-3. Bill of rights.
(1)
The bill of rights for victims and witnesses is:
(a)
Victims and witnesses have a right to be informed as to the level of protection from 
intimidation and harm available to them, and from what sources, as they participate 
in criminal justice proceedings as designated by Section 
76-8-508
, regarding 
tampering with a witness, and Section 
76-8-509
, regarding extortion or bribery to 
dismiss a criminal proceeding. Law enforcement, prosecution, and corrections 
personnel have the duty to timely provide this information in a form which is useful 
to the victim.
(b)
Victims and witnesses, including children and their guardians, have a right to be 
informed and assisted as to their role in the criminal justice process. All criminal 
justice agencies have the duty to provide this information and assistance.
(c)
Victims and witnesses have a right to clear explanations regarding relevant legal 
proceedings; these explanations shall be appropriate to the age of child victims and 
witnesses. All criminal justice agencies have the duty to provide these explanations.
(d)
Victims and witnesses should have a secure waiting area that does not require them 
to be in close proximity to defendants or the family and friends of defendants. 
Agencies controlling facilities shall, whenever possible, provide this area.
(e)
Victims may seek restitution or reparations, including medical costs, as provided in 
Title 63M, Chapter 7, Criminal Justice and Substance Abuse, Title 77, Chapter 38b, 
Crime Victims Restitution Act, and Section 
80-6-710
. State and local government 
agencies that serve victims have the duty to have a functional knowledge of the 
procedures established by the Crime Victim Reparations Board and to inform victims 
of these procedures.
(f)
Victims and witnesses have a right to have any personal property returned as 
provided in Chapter 11a, Seizure of Property and Contraband, and Chapter 11d, Lost 
or Mislaid Property. Criminal justice agencies shall expeditiously return the property 
when it is no longer needed for court law enforcement or prosecution purposes.
(g)
Victims and witnesses have the right to reasonable employer intercession services, 
including pursuing employer cooperation in minimizing employees' loss of pay and 
other benefits resulting from their participation in the criminal justice process. 
Officers of the court shall provide these services and shall consider victims' and 
witnesses' schedules so that activities which conflict can be avoided. Where conflicts 
cannot be avoided, the victim may request that the responsible agency intercede with 
employers or other parties.
(h)
Victims and witnesses, particularly children, should have a speedy disposition of the 
entire criminal justice process. All involved public agencies shall establish policies 
and procedures to encourage speedy disposition of criminal cases.
(i)
Victims and witnesses have the right to timely notice of judicial proceedings they are 
to attend and timely notice of cancellation of any proceedings. Criminal justice 
agencies have the duty to provide these notifications. Defense counsel and others 
have the duty to provide timely notice to prosecution of any continuances or other 
changes that may be required.
(j)
A victim or a witness in a criminal proceeding has a right to privacy in any victim or 
witness information, as defined in Section 
77-4-202
, that is collected during the 
course of the criminal investigation or action.
(2)
In addition to the rights of a victim described in Subsection (1), a victim of a sexual 
offense has the right to:
(a)
request voluntary testing for themselves for HIV infection as described in Section 
53-10-803
;
(b)
request mandatory testing of the alleged sexual offender for HIV infection as 
described in Section 
53-10-802
;
(c)
not to be prevented from, or charged for, a medical forensic examination;
(d)
have the evidence from a sexual assault kit, or the contents of the sexual assault kit, 
preserved for the time periods described in Title 77, Chapter 11c, Retention of 
Evidence, without any charge to the victim;
(e)
be informed whether a DNA profile was obtained from the testing of the evidence in 
a sexual assault kit or from other crime scene evidence;
(f)
be informed whether a DNA profile developed from the evidence in a sexual assault 
kit, or from other crime scene evidence, has been entered into the Utah Combined 
DNA Index System;
(g)
be informed of any result from a sexual assault kit or from other crime scene 
evidence if that disclosure would not impede or compromise an ongoing 
investigation, including:
(i)
whether there is a match between a DNA profile developed from the evidence in a 
sexual assault kit, or from other crime scene evidence, and a DNA profile 
contained in the Utah Combined DNA Index System; and
(ii)
a toxicology result or other information that is collected from a sexual assault kit 
as part of a medical forensic examination of the victim;
(h)
be informed in writing of policies governing the collection and preservation of a 
sexual assault kit;
(i)
be informed of the status and location of a sexual assault kit;
(j)
upon written request by the victim, receive a notice of intent from an agency, as 
defined in Section 
53-10-905
, if the agency intends to destroy or dispose of evidence 
from a sexual assault kit;
(k)
be granted further preservation of the sexual assault kit if the agency, as defined in 
Section 
53-10-905
, intends to destroy or dispose of evidence from a sexual assault kit 
and the victim submits a written request as described in Section 
53-10-905
;
(l)
designate a person of the victim's choosing to act as a recipient of the information 
provided under this Subsection (2) or Subsections (3) and (4); and
(m)
be informed of all the enumerated rights in this Subsection (2).
(3)
Subsections (2)(e) through (g) do not require that the law enforcement agency 
communicate with the victim or the victim's designee regarding the status of DNA 
testing, absent a specific request received from the victim or the victim's designee.
(4)
A law enforcement agency investigating a sexual offense may:
(a)
release the information indicated in Subsections (2)(e) through (g) upon the request 
of the victim of the sexual offense, or the victim's designee and is the designated 
agency to provide that information to the victim or the victim's designee;
(b)
require that the victim's request be in writing; and
(c)
respond to the victim's request with verbal communication, written communication, 
or by email if an email address is available.
(5)
A law enforcement agency investigating a sexual offense shall:
(a)
notify the victim of the sexual offense, or the victim's designee, if the law 
enforcement agency determines that DNA evidence will not be analyzed in a case 
where the identity of the perpetrator has not be confirmed;
(b)
provide the information described in this section in a timely manner; and
(c)
upon request of the victim or the victim's designee, advise the victim or the victim's 
designee of any significant changes in the information of which the law enforcement 
agency is aware.
(6)
The law enforcement agency investigating the sexual offense is responsible for 
informing the victim of the sexual offense, or the victim's designee, of the rights 
established under this section.
(7)
Informational rights of the victim under this chapter are based upon the victim 
providing the current name, address, telephone number, and email address, if an email 
address is available, of the person to whom the information should be provided to the 
criminal justice agencies involved in the case.
Section 3. 
Effective date.
This bill takes effect on 
May 7, 2025
.
1-10-25 2:10 PM