SB 259 — Evidence Declaration Amendments

03-04SB0259S01 19:00compared 1stwith Sub.SB0259 {Omitted text} shows text that was in SB0259 but was omitted in SB0259S01 inserted text shows text that was not in SB0259 but was inserted into SB0259S01 DISCLAIMER:

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This bill requires a signed statement regarding evidence collected in a criminal casecasefor for a felony offense.

▸ requires {a government official who obtains or provides evidence in a criminal case } certain individuals to sign a statement that {the } evidence of a felony offense was obtained or provided in compliance with state and federal law;

▸ requires a prosecuting attorney to sign a statement regarding evidentiary disclosures in a criminal case {with regard to disclosures} for a felony offense;

and ▸ makes it a crime {for a government official or a prosecuting attorney } to fail to comply with the requirements of a signed statement.

S B Money Appropriated in this Bill:

2 None 5 SB0259 compared with SB0259S01 Other Special Clauses:

None t Utah Code Sections Affected:

S ENACTS:

u77-4-202 b, 77-4-202, Utah Code Annotated 1953 .Be it enacted by the Legislature of the state of Utah:

S B Be it enacted by the Legislature of the state of Utah:

Section 77-4-2021 is enacted to read:

277-4-202. 77-4-202 .

9 (1) As used in this section:

{(a) {"Government official" means:} } {(i) {a law enforcement officer as defined in Section 53-13-103;} } (a) "Auditor" means an employee or officer of the Office of the State Auditor.

(b)(ii){(b)} "Investigator" means an employee of a prosecuting agencyagency{;} that conducts 1stinvestigations Sub.on behalf of the prosecuting agency.

(Green){(iii) S.B.{a prosecuting attorney;

259or} 03-04} 19:00{(iv) investigations{an individual who collects evidence on behalf of thea law enforcement agency or prosecuting agency.agency.} } (b){(c)} "Unsworn declaration" means the same as that term is defined in Section 78B-18a-102.

(c)(2) "UnswornIf declaration"{a meansgovernment official } an auditor or investigator provides or obtains evidence in a criminal case that will be used to prosecute an individual for {an } a felony offense, the same{government asofficial } auditor or investigator shall sign a statement attesting that termthe isevidence definedwas obtained or provided in Sectioncompliance 78B-18a-102.with state and federal law.

(2)(3) IfWhen ana auditorprosecuting orattorney investigatordiscloses providesevidence orto obtainsa evidencedefendant in a criminal casecasefor thata willfelony beoffense, usedthe toprosecuting prosecuteattorney anshall individualsign for a felonystatement offense,attesting that the auditorprosecuting orattorney investigatorhas shallcomplied signwith astate statementand attestingfederal thatlaws on the disclosure of exculpatory evidence wasto obtaineda ordefendant, providedincluding inRule compliance16 withof statethe andUtah federalRules law.of Criminal Procedure.

(3) When a prosecuting attorney discloses evidence to a defendant in a criminal case for a felony offense, the prosecuting attorney shall sign a statement attesting that the prosecuting attorney has complied with state and federal laws on the disclosure of exculpatory evidence to a defendant, including Rule 16 of the Utah Rules of Criminal Procedure.

(5) {A government official or prosecuting attorney } An individual who fails to comply with Subsection (2) or (3) is guilty of a class Ŝ→A [A] 43a C ←Ŝ misdemeanor.

Effective Date.date.

- 2 - SB0259 compared with SB0259S01 Effective Date.

2-17-26 7:25 AM - 23 -