Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 194 (2025GS)

Sponsor

Sen. Pitcher, Stephanie

Final action

Governor Signed 3/25/2025

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• requires the county sheriff to ensure that a jail inmate awaiting trial, sentencing, or disposition of criminal charges has:
• a space to review discovery and other evidence or documents in the jail inmate's criminal case with the jail inmate's counsel; and
• the means to access and review discovery and other evidence or documents in the jail inmate's criminal case;
• addresses how the jail inmate may access or review discovery, evidence, or other documents in jail;
• provides that a jail inmate's counsel has to ensure that certain discovery, evidence, or other documents are not left with the jail inmate at the jail; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

3
17-22-2
0
Defendant Access to Evidence Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Stephanie Pitcher
House Sponsor: Tyler Clancy
LONG TITLE
General Description:
This bill addresses a criminal defendant's access to evidence in a county jail.
Highlighted Provisions:
This bill:
requires the county sheriff to ensure that a jail inmate awaiting trial, sentencing, or 
disposition of criminal charges has:
a space to review discovery and other evidence or documents in the jail inmate's 
criminal case with the jail inmate's counsel; and
the means to access and review discovery and other evidence or documents in the jail 
inmate's criminal case;
addresses how the jail inmate may access or review discovery, evidence, or other 
documents in jail;
provides that a jail inmate's counsel has to ensure that certain discovery, evidence, or 
other documents are not left with the jail inmate at the jail; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
17-22-2
, as last amended by Laws of Utah 2024, Chapter 21
Be it enacted by the Legislature of the state of Utah:
Section 1, Section 
17-22-2
 is amended to read:
17-22-2
. Sheriff -- General duties -- Access to evidence, discovery, or other 
documents by jail inmate.
(1)
The sheriff shall:
(a)
preserve the peace;
(b)
make all lawful arrests;
(c)
attend in person or by deputy the Supreme Court and the Court of Appeals when 
required or when the court is held within 
his
the sheriff's
 county, all courts of record, 
and court commissioner and referee sessions held within 
his
the sheriff's
 county, 
obey their lawful orders and directions, and comply with the court security rule, Rule 
3-414, of the Utah Code of Judicial Administration;
(d)
upon request of the juvenile court, aid the court in maintaining order during hearings 
and transport a minor to and from youth corrections facilities, other institutions, or 
other designated places;
(e)
attend county justice courts if the judge finds that the matter before the court requires 
the sheriff's attendance for security, transportation, and escort of jail 
prisoners in his
inmates in the sheriff's
 custody, or for the custody of jurors;
(f)
command the aid of as many inhabitants of the sheriff's county as the sheriff 
considers necessary in the execution of these duties;
(g)
take charge of and keep the county jail and the jail 
prisoners
inmates
;
(h)
receive and safely keep all persons committed to the sheriff's custody, file and 
preserve the commitments of those persons in custody, and record the name, age, 
place of birth, and description of each person committed;
(i)
release on the record all attachments of real property when the attachment the sheriff 
receives has been released or discharged;
(j)
endorse on all process and notices the year, month, day, hour, and minute of 
reception, and, upon payment of fees, issue a certificate to the person delivering 
process or notice showing the names of the parties, title of paper, and the time of 
receipt;
(k)
serve all process and notices as prescribed by law;
(l)
if the sheriff makes service of process or notice, certify on the process or notices the 
manner, time, and place of service, or, if the sheriff fails to make service, certify the 
reason upon the process or notice, and return them without delay;
(m)
extinguish fires occurring in the undergrowth, trees, or wooded areas on the public 
land within 
his
the sheriff's
 county;
(n)
perform as required by any contracts between the county and private contractors for 
management, maintenance, operation, and construction of county jails entered into 
under the authority of Section 
17-53-311
;
(o)
for the sheriff of a county of the second through sixth class that enters into an 
interlocal agreement for law enforcement service under Title 11, Chapter 13, 
Interlocal Cooperation Act, provide law enforcement service as provided in the 
interlocal agreement;
(p)
manage and direct search and rescue services in 
his
the sheriff's
 county, including 
emergency medical responders and other related incident response activities;
(q)
obtain saliva DNA specimens as required under Section 
53-10-404
;
(r)
on or before January 1, 2003, adopt a written policy that prohibits the stopping, 
detention, or search of any person when the action is solely motivated by 
considerations of race, color, ethnicity, age, or gender;
(s)
as applicable, select a representative of law enforcement to serve as a member of a 
child protection team, as defined in Section 
80-1-102
; 
(t)
appoint a county security chief in accordance with Section 
53-22-103
 and ensure the 
county security chief fulfills the county security chief's duties;
 and
(u)
ensure that a jail inmate who is awaiting trial, sentencing, or disposition of criminal 
charges has:
(i)
a private and confidential space to review discovery and other evidence or 
documents related to the jail inmate's criminal case with the jail inmate's counsel; 
and
(ii)
the means to access and review discovery and other evidence or documents 
related to the jail inmate's criminal case, with or without the jail inmate's counsel, 
including the means to access and review digital, audio, video, or other 
technological evidence or documents; and
(u)
(v)
perform any other duties that are required by law.
(2)
(a)
Violation of Subsection (1)(j) is a class C misdemeanor. 
(b)
 Violation of any other subsection under Subsection (1) is a class A misdemeanor.
(3)
(a)
As used in this Subsection (3):
(i)
"Police interlocal entity" means the same as that term is defined in Sections 
17-30-3
 and 
17-30a-102
.
(ii)
"Police special district" means the same as that term is defined in Section 
17-30-3
.
(b)
Except as provided in Subsections (3)(c) and 
11-13-202
(4), a sheriff in a county 
which includes within its boundary a police special district or police interlocal entity, 
or both:
(i)
serves as the chief executive officer of each police special district and police 
interlocal entity within the county with respect to the provision of law 
enforcement service within the boundary of the police special district or police 
interlocal entity, respectively; and
(ii)
is subject to the direction of the police special district board of trustees or police 
interlocal entity governing body, as the case may be, as and to the extent provided 
by agreement between the police special district or police interlocal entity, 
respectively, and the sheriff.
(c)
Notwithstanding Subsection (3)(b), and except as provided in Subsection 
11-13-202
(4), if a police interlocal entity or police special district enters an interlocal agreement 
with a public agency, as defined in Section 
11-13-103
, for the provision of law 
enforcement service, the sheriff:
(i)
does not serve as the chief executive officer of any interlocal entity created under 
that interlocal agreement, unless the agreement provides for the sheriff to serve as 
the chief executive officer; and
(ii)
shall provide law enforcement service under that interlocal agreement as provided 
in the agreement.
(4)
(a)
A jail inmate may access or review discovery, evidence, or other documents under 
Subsection 
(1)(u)
 with:
(i)
technology provided by the jail; or
(ii)
technology, including a computer, that is approved by the jail and is provided by 
the jail inmate's counsel.
(b)
If a jail inmate's counsel leaves discovery, evidence, or other documents with the jail 
inmate at the jail, the jail inmate's counsel shall ensure that the discovery, evidence, 
or other documents does not include:
(i)
any visual depiction of an individual who is younger than 18 years old;
(ii)
any personal identifying information of an individual other than the jail inmate;
(iii)
any financial information of a person other than the jail inmate;
(iv)
any child sexual abuse material as defined in Section 
76-5b-103
;
(v)
any intimate image as defined in Section 
76-5b-203
; or
(vi)
any visual depiction or information for which possession is prohibited, by policy, 
at the jail.
Section 2. 
Effective Date.
This bill takes effect on 
May 7, 2025
.
3-12-25 2:57 PM