02-24 13:15 1st Sub. (Green) S.B. 194
Stephanie Pitcher proposes the following substitute bill:
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Defendant Access to Evidence Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Stephanie Pitcher
House Sponsor: Tyler Clancy
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LONG TITLE
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General Description:
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This bill addresses a criminal defendant's access to evidence in a county jail.
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Highlighted Provisions:
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This bill:
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▸ requires the county sheriff to ensure that a jail inmate awaiting trial, sentencing, or
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disposition of criminal charges has:
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● a space to review discovery and other evidence or documents in the jail inmate's
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criminal case with the jail inmate's counsel; and
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● the means to access and review discovery and other evidence or documents in the jail
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inmate's criminal case;
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▸ addresses how the jail inmate may access or review discovery, evidence, or other
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documents in jail;
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▸ provides that a jail inmate's counsel has to ensure that certain discovery, evidence, or
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other documents are not left with the jail inmate at the jail; and
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▸ makes technical and conforming changes.
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Money Appropriated in this Bill:
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None
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Other Special Clauses:
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None
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Utah Code Sections Affected:
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AMENDS:
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17-22-2, as last amended by Laws of Utah 2024, Chapter 21
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Be it enacted by the Legislature of the state of Utah:
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Section 1. Section 17-22-2 is amended to read:
1st Sub. S.B. 194 1st Sub. (Green) S.B. 194 02-24 13:15
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17-22-2 . Sheriff -- General duties.
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(1) The sheriff shall:
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(a) preserve the peace;
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(b) make all lawful arrests;
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(c) attend in person or by deputy the Supreme Court and the Court of Appeals when
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required or when the court is held within [his] the sheriff's county, all courts of record,
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and court commissioner and referee sessions held within [his] the sheriff's county,
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obey their lawful orders and directions, and comply with the court security rule, Rule
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3-414, of the Utah Code of Judicial Administration;
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(d) upon request of the juvenile court, aid the court in maintaining order during hearings
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and transport a minor to and from youth corrections facilities, other institutions, or
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other designated places;
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(e) attend county justice courts if the judge finds that the matter before the court requires
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the sheriff's attendance for security, transportation, and escort of jail [prisoners in his]
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inmates in the sheriff's custody, or for the custody of jurors;
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(f) command the aid of as many inhabitants of the sheriff's county as the sheriff
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considers necessary in the execution of these duties;
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(g) take charge of and keep the county jail and the jail [prisoners] inmates;
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(h) receive and safely keep all persons committed to the sheriff's custody, file and
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preserve the commitments of those persons in custody, and record the name, age,
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place of birth, and description of each person committed;
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(i) release on the record all attachments of real property when the attachment the sheriff
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receives has been released or discharged;
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(j) endorse on all process and notices the year, month, day, hour, and minute of
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reception, and, upon payment of fees, issue a certificate to the person delivering
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process or notice showing the names of the parties, title of paper, and the time of
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receipt;
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(k) serve all process and notices as prescribed by law;
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(l) if the sheriff makes service of process or notice, certify on the process or notices the
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manner, time, and place of service, or, if the sheriff fails to make service, certify the
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reason upon the process or notice, and return them without delay;
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(m) extinguish fires occurring in the undergrowth, trees, or wooded areas on the public
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land within [his] the sheriff's county;
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(n) perform as required by any contracts between the county and private contractors for
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management, maintenance, operation, and construction of county jails entered into
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under the authority of Section 17-53-311;
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(o) for the sheriff of a county of the second through sixth class that enters into an
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interlocal agreement for law enforcement service under Title 11, Chapter 13,
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Interlocal Cooperation Act, provide law enforcement service as provided in the
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interlocal agreement;
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(p) manage and direct search and rescue services in [his] the sheriff's county, including
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emergency medical responders and other related incident response activities;
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(q) obtain saliva DNA specimens as required under Section 53-10-404;
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(r) on or before January 1, 2003, adopt a written policy that prohibits the stopping,
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detention, or search of any person when the action is solely motivated by
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considerations of race, color, ethnicity, age, or gender;
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(s) as applicable, select a representative of law enforcement to serve as a member of a
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child protection team, as defined in Section 80-1-102;
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(t) appoint a county security chief in accordance with Section 53-22-103 and ensure the
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county security chief fulfills the county security chief's duties; [and]
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(u) ensure that a jail inmate who is awaiting trial, sentencing, or disposition of criminal
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charges has:
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(i) a private and confidential space to review discovery and other evidence or
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documents related to the jail inmate's criminal case with the jail inmate's counsel;
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and
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(ii) the means to access and review discovery and other evidence or documents
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related to the jail inmate's criminal case, with or without the jail inmate's counsel,
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including the means to access and review digital, audio, video, or other
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technological evidence or documents; and
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[(u)] (v) perform any other duties that are required by law.
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(2)(a) Violation of Subsection (1)(j) is a class C misdemeanor.
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(b) Violation of any other subsection under Subsection (1) is a class A misdemeanor.
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(3)(a) As used in this Subsection (3):
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(i) "Police interlocal entity" means the same as that term is defined in Sections
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17-30-3 and 17-30a-102.
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(ii) "Police special district" means the same as that term is defined in Section 17-30-3.
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(b) Except as provided in Subsections (3)(c) and 11-13-202(4), a sheriff in a county
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which includes within its boundary a police special district or police interlocal entity,
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or both:
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(i) serves as the chief executive officer of each police special district and police
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interlocal entity within the county with respect to the provision of law
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enforcement service within the boundary of the police special district or police
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interlocal entity, respectively; and
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(ii) is subject to the direction of the police special district board of trustees or police
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interlocal entity governing body, as the case may be, as and to the extent provided
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by agreement between the police special district or police interlocal entity,
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respectively, and the sheriff.
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(c) Notwithstanding Subsection (3)(b), and except as provided in Subsection 11-13-202
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(4), if a police interlocal entity or police special district enters an interlocal agreement
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with a public agency, as defined in Section 11-13-103, for the provision of law
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enforcement service, the sheriff:
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(i) does not serve as the chief executive officer of any interlocal entity created under
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that interlocal agreement, unless the agreement provides for the sheriff to serve as
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the chief executive officer; and
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(ii) shall provide law enforcement service under that interlocal agreement as provided
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in the agreement.
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(4)(a) A jail inmate may access or review discovery, evidence, or other documents under
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Subsection (1)(u) with:
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(i) technology provided by the jail; or
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(ii) technology, including a computer, that is approved by the jail and is provided by
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the jail inmate's counsel.
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(b) If a jail inmate's counsel leaves discovery, evidence, or other documents with the jail
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inmate at the jail, the jail inmate's counsel shall ensure that the discovery, evidence,
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or other documents does not include:
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(i) any visual depiction of an individual who is younger than 18 years old;
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(ii) any personal identifying information of an individual other than the jail inmate;
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(iii) any financial information of a person other than the jail inmate;
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(iv) any child sexual abuse material as defined in Section 76-5b-103;
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(v) any intimate image as defined in Section 76-5b-203; or
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(vi) any visual depiction or information for which possession is prohibited, by policy,
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at the jail.
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Section 2. Effective Date.
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This bill takes effect on May 7, 2025.
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