SB 290 — Victim and Witness Privacy Amendments

or}(A) }subject (i)to requestSubsection that(7)(b), provide the lawdefendant's enforcementattorney agencywith a copy or prosecutingduplicate attorney:of the nonpublic victim or witness data;

(f){(A)}- subject3 to- SubsectionS.B. (7)(b), provide the {prosecuting } defendant's attorney {intends to submit } with a copy or duplicate of the nonpublic victim or witness data {as an exhibit at trial.} ;

{(6)290 }Enrolled -Copy 5(B) - SB0290 compared with SB0290S03 {(a) {Before a prosecuting attorney provides the nonpublic victim or witness data as described in Subsection (5), the prosecuting attorney may request an order from the court that:} } (i){(B)} {requires } allow the defendant's attorney to {inspect, view, or examine } search or view the nonpublic victim or witness data {at } in a {governmental facility} virtual room;

{and} or (C) allow the defendant's attorney to search or view the nonpublic victim or witness data at the facility where the nonpublic victim or witness data is held with reasonable accommodations for searching or viewing the nonpublic victim or witness data;

or (ii) {provides restrictions regarding the copying, photographing, distribution, reproduction, dissemination, viewing} bring a motion under Utah Rules of Criminal Procedure, Rule 16(a)(4), that demonstrates good cause for allowing the defendant's attorney to view, or {retention of } obtain a copy or duplicate of, the nonpublic victim or witness data.

{(b)(b) {TheIf courta mayprosecuting grantattorney provides a requestdefendant's describedattorney inwith Subsectiona (6)(a)copy uponor aduplicate showingof bysome or all portions of nonpublic victim or witness data under Subsection (7)(a)(i)(A), the prosecuting attorney thatshall provide the requestcopy wouldor notduplicate unreasonablywith interferea with:}stipulated }protective {(i)order {thethat privacygoverns the use, dissemination, and return or disposal of the victimcopy or witness;duplicate.

and}(c) }A {(ii)defendant's {accessattorney tomay thenot copy, photograph, or otherwise reproduce nonpublic victim or witness data byduring the defendant'sviewing attorney.} } {(7) } (b) If a prosecuting attorney provides a defendant's attorney with a copy or duplicatesearch of some or all portions of nonpublic victim or witness data under Subsection (7)(a)(i)(A),(7)(a)(i)(B) the prosecuting attorney shall provide the copy or duplicate(C). with a stipulated protective order that governs the use, dissemination, and return or disposal of the copy or duplicate.

(a){(c)} {Subject to Subsections (8) and (9), a } A defendant's attorney may {submit a request to the court for an order allowing the defendant's attorney to } not copy, photograph, or otherwise reproduce nonpublic victim or witness data {that is not provided to } during the {defendant's attorney } viewing or search of nonpublic victim or witness data under Subsection {(5) } (7)(a)(i) (B) or {(6) if the court finds that:} (C).

(8)(8)(a) - 6 - SB0290 compared with SB0290S03 (a) The court may grant a motion under Subsection (7)(a)(ii) and enter an order for a defendant's attorney to be:

or (i){(ii)}(ii) {the } subject to Subsection (8)(c), given a copy or duplicate of some or all portions of nonpublic victim or witness data {is relevant and material evidence;} if the defendant shows good cause under Utah Rules of Criminal Procedure, Rule 16(a)(4).

(ii){(i)}(i) whether there is a {review of } reasonable likelihood the nonpublic victim or witness data {at- a4 governmental- facilityEnrolled }Copy containsS.B. electronic evidence that is {inadequate for the defendant } necessary to adequately prepare a defense or for trial;

{and}290 (ii)contains whetherelectronic requiringevidence athat search of the nonpublic victim or witness data at a facility where the nonpublic victim or witness data is heldnecessary orto inadequately aprepare virtual room is an undue burden for adequate preparation of a defense or preparation for trial;

(iii)(ii) whether therequiring defendant's {attorney has a legitimatesearch }of duethe processnonpublic rightsvictim and interest in {copying, photographing, or otherwisewitness reproducingdata }at receiving a copyfacility orwhere duplicate of the nonpublic victim or witness data {thatis }held outweighs the {victim's or witness'sin righta tovirtual }room privacyis {andan }undue rightsburden andfor interestsadequate preparation of thea victimdefense or witness,preparation includingfor atrial; victim's right to be free from harassment {as described in } under Utah Constitution, Article I, Section {77-37-3.} 28;

and(iii) {(b)whether {Ifthe a defendant's attorneydue submitsprocess arights requestand underinterest Subsectionin (7)(a),receiving the victim or witness has a rightcopy to receive notice and be heard on the request if the nonpublic victim or witnessduplicate data is related to the victim or witness.} } {(8) } {(a) {In issuing an order described in Subsection (7)(a), the court shall consider and limit, where appropriate, the use and further disclosure of the nonpublic victim or witness data inoutweighs order to protect the privacy rights and interests of the victim or witness.}witness, }including (b){(iv)} {There is a rebuttablevictim's presumptionright against } any other factor that demonstrates good cause for allowing {a } the defendant's attorney to obtainbe afree copy{,from photograph,harassment }under orUtah {otherwiseConstitution, reproduceArticle }I, - 7 - SB0290 compared with SB0290S03 duplicate of the nonpublic victim or witness data {that is an intimate image, as that term is defined in Section 76-5b-203}28; .

(c)and If(iv) theany courtother {issuesfactor anthat orderdemonstrates good cause for allowing the defendant's attorney }to grantsobtain a motioncopy to copy{, photograph, or otherwiseduplicate reproduceof anthe intimate image} or duplicate nonpublic victim or witness datadata. under Subsection (8)(a)(ii), the {court } order shall include {in the order } limitations on:

(i)(c) If the numbercourt ofgrants copies,a photographs,motion orto {reproductionscopy }or duplicatesduplicate of the nonpublic victim or witness data thatunder theSubsection defendant's(8)(a)(ii), attorneythe isorder permittedshall toinclude make;limitations on:

(ii)(i) whothe maynumber viewof thecopies, {intimatephotographs, image}or duplicates of the nonpublic victim or witness data;data that the defendant's attorney is permitted to make;

(iii)(ii) howwho the {image may beview }the nonpublic victim or witness datadata; is stored;

and(iii) (iv)how the {disposition } procedures for disposing of the {intimate image } nonpublic victim or witness data uponis thestored; completion of the criminal prosecution against the defendant.

(9)and (9){(a)}(iv) {At the requestprocedures offor adisposing victim}of Athe prononpublic sevictim defendantor maywitness notdata access,upon {witness}the view,completion search, or {a representative of athe }criminal copyprosecution nonpublicagainst victim or witness{, the courtdefendant. may:} data.

(a){(b)}(9)(a) {conductA an ex parte in camera review } Upon a motion by the pro se defendant ormay thenot court,access, theview, courtsearch, shall appoint an attorney for a pro se defendant for the limited purpose of searching some or all portions of nonpublic victim or witness data {that the } for electronic evidence in accordance with Subsection (7), or obtaining a copy or duplicate of some or all portions of nonpublic victim or witness {doesdata. not believe should be made available to the defendant or the defendant's attorney;

}(b) Upon a motion by the pro se defendant or the court, the court shall appoint an attorney for a pro se defendant for the limited purpose of searching some or all portions of nonpublic victim or witness data for electronic evidence in accordance with Subsection (7), or obtaining a copy or duplicate of some or all portions of nonpublic victim or witness data that is electronic evidence in accordance with Subsections (7) and(8),and (8), if:

(b){(i)}(i) {enter an order prohibiting } the {inspection} pro se defendant seeks to access, {review} view, search, or {examination of the nonpublic victim } obtain a copy or {witness data if the } duplicate nonpublic victim or witness datadata; {is:} ;

and {(i)(ii) {notthe relevantcourt determines that a search of the nonpublic victim or materialwitness data for electronic evidence inis thenecessary criminalto case;ensure a fair proceeding.

or}(c) }An (ii)attorney {evidenceappointed }under thethis courtSubsection determines(9) thatshall abe searchcompensated offor {sexualany behaviorrepresentation byunder }this thesection nonpublicin victimaccordance orwith witnessTitle {that78B, }Chapter data22, forIndigent electronicDefense evidenceAct, isregardless {inadmissibleof underwhether Rulethe 412defendant ofqualifies for the Utahappointment Rules of Evidence}- necessary5 to- ensureS.B. a fair proceeding.

(c)290 AnEnrolled attorneyCopy appointed under this Subsection (9) shall be compensated for any representation under this section in accordance with Title 78B, Chapter 22, Indigent Defense Act, regardless of whether the defendant qualifies for the appointment of counsel under Title 78B, Chapter 22, Indigent Defense Act.

- 8 - SB0290 compared with SB0290S03 (d) The appointment of an attorney under this Subsection (9) does not:

{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.

- 9 - SB0290 compared with SB0290S03 (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 Utah Office for Victims of Crime 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 of the victim's or witness's nonpublic victim or witness data, as defined in Section 77-4-202, that is collected during the course of the criminal investigation or action.

- 10 - SB0290 compared with SB0290S03 (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 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).

- 11 - SB0290 compared with SB0290S03 (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] been 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.

Effective date.

3-2-26 6:09 PM - 126 -