UT
Utah Senate Bill SB0194

Utah 2025 Regular Session

Utah Senate Bill SB0194 Compare Versions

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1-Enrolled Copy S.B. 194
1+02-24 13:15 1st Sub. (Green) S.B. 194
2+Stephanie Pitcher proposes the following substitute bill:
23 1
34 Defendant Access to Evidence Amendments
45 2025 GENERAL SESSION
56 STATE OF UTAH
67 Chief Sponsor: Stephanie Pitcher
78 House Sponsor: Tyler Clancy
89 2
910
1011 3
1112 LONG TITLE
1213 4
1314 General Description:
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1516 This bill addresses a criminal defendant's access to evidence in a county jail.
1617 6
1718 Highlighted Provisions:
1819 7
1920 This bill:
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2122 ▸ requires the county sheriff to ensure that a jail inmate awaiting trial, sentencing, or
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2324 disposition of criminal charges has:
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2526 ● a space to review discovery and other evidence or documents in the jail inmate's
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2728 criminal case with the jail inmate's counsel; and
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2930 ● the means to access and review discovery and other evidence or documents in the jail
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3132 inmate's criminal case;
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3334 ▸ addresses how the jail inmate may access or review discovery, evidence, or other
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3536 documents in jail;
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3738 ▸ provides that a jail inmate's counsel has to ensure that certain discovery, evidence, or
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3940 other documents are not left with the jail inmate at the jail; and
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4142 ▸ makes technical and conforming changes.
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4344 Money Appropriated in this Bill:
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4546 None
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4748 Other Special Clauses:
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4950 None
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5152 Utah Code Sections Affected:
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5354 AMENDS:
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5556 17-22-2, as last amended by Laws of Utah 2024, Chapter 21
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5758
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59-Be it enacted by the Legislature of the state of Utah: S.B. 194 Enrolled Copy
60+Be it enacted by the Legislature of the state of Utah:
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6162 Section 1. Section 17-22-2 is amended to read:
63+1st Sub. S.B. 194 1st Sub. (Green) S.B. 194 02-24 13:15
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63-17-22-2 . Sheriff -- General duties -- Access to evidence, discovery, or other
65+17-22-2 . Sheriff -- General duties.
6466 30
65-documents by jail inmate.
67+(1) The sheriff shall:
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67-(1) The sheriff shall:
69+(a) preserve the peace;
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69-(a) preserve the peace;
71+(b) make all lawful arrests;
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71-(b) make all lawful arrests;
73+(c) attend in person or by deputy the Supreme Court and the Court of Appeals when
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73-(c) attend in person or by deputy the Supreme Court and the Court of Appeals when
75+required or when the court is held within [his] the sheriff's county, all courts of record,
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75-required or when the court is held within [his] the sheriff's county, all courts of record,
77+and court commissioner and referee sessions held within [his] the sheriff's county,
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77-and court commissioner and referee sessions held within [his] the sheriff's county,
79+obey their lawful orders and directions, and comply with the court security rule, Rule
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79-obey their lawful orders and directions, and comply with the court security rule, Rule
81+3-414, of the Utah Code of Judicial Administration;
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81-3-414, of the Utah Code of Judicial Administration;
83+(d) upon request of the juvenile court, aid the court in maintaining order during hearings
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83-(d) upon request of the juvenile court, aid the court in maintaining order during hearings
85+and transport a minor to and from youth corrections facilities, other institutions, or
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85-and transport a minor to and from youth corrections facilities, other institutions, or
87+other designated places;
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87-other designated places;
89+(e) attend county justice courts if the judge finds that the matter before the court requires
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89-(e) attend county justice courts if the judge finds that the matter before the court requires
91+the sheriff's attendance for security, transportation, and escort of jail [prisoners in his]
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91-the sheriff's attendance for security, transportation, and escort of jail [prisoners in his]
93+inmates in the sheriff's custody, or for the custody of jurors;
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93-inmates in the sheriff's custody, or for the custody of jurors;
95+(f) command the aid of as many inhabitants of the sheriff's county as the sheriff
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95-(f) command the aid of as many inhabitants of the sheriff's county as the sheriff
97+considers necessary in the execution of these duties;
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97-considers necessary in the execution of these duties;
99+(g) take charge of and keep the county jail and the jail [prisoners] inmates;
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99-(g) take charge of and keep the county jail and the jail [prisoners] inmates;
101+(h) receive and safely keep all persons committed to the sheriff's custody, file and
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101-(h) receive and safely keep all persons committed to the sheriff's custody, file and
103+preserve the commitments of those persons in custody, and record the name, age,
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103-preserve the commitments of those persons in custody, and record the name, age,
105+place of birth, and description of each person committed;
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105-place of birth, and description of each person committed;
107+(i) release on the record all attachments of real property when the attachment the sheriff
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107-(i) release on the record all attachments of real property when the attachment the sheriff
109+receives has been released or discharged;
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109-receives has been released or discharged;
111+(j) endorse on all process and notices the year, month, day, hour, and minute of
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111-(j) endorse on all process and notices the year, month, day, hour, and minute of
113+reception, and, upon payment of fees, issue a certificate to the person delivering
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113-reception, and, upon payment of fees, issue a certificate to the person delivering
115+process or notice showing the names of the parties, title of paper, and the time of
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115-process or notice showing the names of the parties, title of paper, and the time of
117+receipt;
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117-receipt;
119+(k) serve all process and notices as prescribed by law;
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119-(k) serve all process and notices as prescribed by law;
121+(l) if the sheriff makes service of process or notice, certify on the process or notices the
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121-(l) if the sheriff makes service of process or notice, certify on the process or notices the
123+manner, time, and place of service, or, if the sheriff fails to make service, certify the
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123-manner, time, and place of service, or, if the sheriff fails to make service, certify the
125+reason upon the process or notice, and return them without delay;
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125-reason upon the process or notice, and return them without delay;
127+(m) extinguish fires occurring in the undergrowth, trees, or wooded areas on the public
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127-(m) extinguish fires occurring in the undergrowth, trees, or wooded areas on the public
128-- 2 - Enrolled Copy S.B. 194
129+land within [his] the sheriff's county;
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130-land within [his] the sheriff's county;
131+(n) perform as required by any contracts between the county and private contractors for
132+- 2 - 02-24 13:15 1st Sub. (Green) S.B. 194
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132-(n) perform as required by any contracts between the county and private contractors for
134+management, maintenance, operation, and construction of county jails entered into
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134-management, maintenance, operation, and construction of county jails entered into
136+under the authority of Section 17-53-311;
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136-under the authority of Section 17-53-311;
138+(o) for the sheriff of a county of the second through sixth class that enters into an
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138-(o) for the sheriff of a county of the second through sixth class that enters into an
140+interlocal agreement for law enforcement service under Title 11, Chapter 13,
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140-interlocal agreement for law enforcement service under Title 11, Chapter 13,
142+Interlocal Cooperation Act, provide law enforcement service as provided in the
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142-Interlocal Cooperation Act, provide law enforcement service as provided in the
144+interlocal agreement;
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144-interlocal agreement;
146+(p) manage and direct search and rescue services in [his] the sheriff's county, including
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146-(p) manage and direct search and rescue services in [his] the sheriff's county, including
148+emergency medical responders and other related incident response activities;
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148-emergency medical responders and other related incident response activities;
150+(q) obtain saliva DNA specimens as required under Section 53-10-404;
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150-(q) obtain saliva DNA specimens as required under Section 53-10-404;
152+(r) on or before January 1, 2003, adopt a written policy that prohibits the stopping,
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152-(r) on or before January 1, 2003, adopt a written policy that prohibits the stopping,
154+detention, or search of any person when the action is solely motivated by
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154-detention, or search of any person when the action is solely motivated by
156+considerations of race, color, ethnicity, age, or gender;
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156-considerations of race, color, ethnicity, age, or gender;
158+(s) as applicable, select a representative of law enforcement to serve as a member of a
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158-(s) as applicable, select a representative of law enforcement to serve as a member of a
160+child protection team, as defined in Section 80-1-102;
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160-child protection team, as defined in Section 80-1-102;
162+(t) appoint a county security chief in accordance with Section 53-22-103 and ensure the
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162-(t) appoint a county security chief in accordance with Section 53-22-103 and ensure the
164+county security chief fulfills the county security chief's duties; [and]
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164-county security chief fulfills the county security chief's duties;[ and]
166+(u) ensure that a jail inmate who is awaiting trial, sentencing, or disposition of criminal
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166-(u) ensure that a jail inmate who is awaiting trial, sentencing, or disposition of criminal
168+charges has:
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168-charges has:
170+(i) a private and confidential space to review discovery and other evidence or
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170-(i) a private and confidential space to review discovery and other evidence or
172+documents related to the jail inmate's criminal case with the jail inmate's counsel;
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172-documents related to the jail inmate's criminal case with the jail inmate's counsel;
174+and
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174-and
176+(ii) the means to access and review discovery and other evidence or documents
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176-(ii) the means to access and review discovery and other evidence or documents
178+related to the jail inmate's criminal case, with or without the jail inmate's counsel,
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178-related to the jail inmate's criminal case, with or without the jail inmate's counsel,
180+including the means to access and review digital, audio, video, or other
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180-including the means to access and review digital, audio, video, or other
182+technological evidence or documents; and
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182-technological evidence or documents; and
184+[(u)] (v) perform any other duties that are required by law.
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184-[(u)] (v) perform any other duties that are required by law.
186+(2)(a) Violation of Subsection (1)(j) is a class C misdemeanor.
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186-(2)(a) Violation of Subsection (1)(j) is a class C misdemeanor.
188+(b) Violation of any other subsection under Subsection (1) is a class A misdemeanor.
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188-(b) Violation of any other subsection under Subsection (1) is a class A misdemeanor.
190+(3)(a) As used in this Subsection (3):
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190-(3)(a) As used in this Subsection (3):
192+(i) "Police interlocal entity" means the same as that term is defined in Sections
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192-(i) "Police interlocal entity" means the same as that term is defined in Sections
194+17-30-3 and 17-30a-102.
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194-17-30-3 and 17-30a-102.
196+(ii) "Police special district" means the same as that term is defined in Section 17-30-3.
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196-(ii) "Police special district" means the same as that term is defined in Section 17-30-3.
197-- 3 - S.B. 194 Enrolled Copy
198+(b) Except as provided in Subsections (3)(c) and 11-13-202(4), a sheriff in a county
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199-(b) Except as provided in Subsections (3)(c) and 11-13-202(4), a sheriff in a county
200+which includes within its boundary a police special district or police interlocal entity,
201+- 3 - 1st Sub. (Green) S.B. 194 02-24 13:15
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201-which includes within its boundary a police special district or police interlocal entity,
203+or both:
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203-or both:
205+(i) serves as the chief executive officer of each police special district and police
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205-(i) serves as the chief executive officer of each police special district and police
207+interlocal entity within the county with respect to the provision of law
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207-interlocal entity within the county with respect to the provision of law
209+enforcement service within the boundary of the police special district or police
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209-enforcement service within the boundary of the police special district or police
211+interlocal entity, respectively; and
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211-interlocal entity, respectively; and
213+(ii) is subject to the direction of the police special district board of trustees or police
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213-(ii) is subject to the direction of the police special district board of trustees or police
215+interlocal entity governing body, as the case may be, as and to the extent provided
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215-interlocal entity governing body, as the case may be, as and to the extent provided
217+by agreement between the police special district or police interlocal entity,
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217-by agreement between the police special district or police interlocal entity,
219+respectively, and the sheriff.
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219-respectively, and the sheriff.
221+(c) Notwithstanding Subsection (3)(b), and except as provided in Subsection 11-13-202
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221-(c) Notwithstanding Subsection (3)(b), and except as provided in Subsection 11-13-202
223+(4), if a police interlocal entity or police special district enters an interlocal agreement
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223-(4), if a police interlocal entity or police special district enters an interlocal agreement
225+with a public agency, as defined in Section 11-13-103, for the provision of law
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225-with a public agency, as defined in Section 11-13-103, for the provision of law
227+enforcement service, the sheriff:
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227-enforcement service, the sheriff:
229+(i) does not serve as the chief executive officer of any interlocal entity created under
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229-(i) does not serve as the chief executive officer of any interlocal entity created under
231+that interlocal agreement, unless the agreement provides for the sheriff to serve as
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231-that interlocal agreement, unless the agreement provides for the sheriff to serve as
233+the chief executive officer; and
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233-the chief executive officer; and
235+(ii) shall provide law enforcement service under that interlocal agreement as provided
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235-(ii) shall provide law enforcement service under that interlocal agreement as provided
237+in the agreement.
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237-in the agreement.
239+(4)(a) A jail inmate may access or review discovery, evidence, or other documents under
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239-(4)(a) A jail inmate may access or review discovery, evidence, or other documents under
241+Subsection (1)(u) with:
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241-Subsection (1)(u) with:
243+(i) technology provided by the jail; or
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243-(i) technology provided by the jail; or
245+(ii) technology, including a computer, that is approved by the jail and is provided by
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245-(ii) technology, including a computer, that is approved by the jail and is provided by
247+the jail inmate's counsel.
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247-the jail inmate's counsel.
249+(b) If a jail inmate's counsel leaves discovery, evidence, or other documents with the jail
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249-(b) If a jail inmate's counsel leaves discovery, evidence, or other documents with the jail
251+inmate at the jail, the jail inmate's counsel shall ensure that the discovery, evidence,
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251-inmate at the jail, the jail inmate's counsel shall ensure that the discovery, evidence,
253+or other documents does not include:
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253-or other documents does not include:
255+(i) any visual depiction of an individual who is younger than 18 years old;
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255-(i) any visual depiction of an individual who is younger than 18 years old;
257+(ii) any personal identifying information of an individual other than the jail inmate;
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257-(ii) any personal identifying information of an individual other than the jail inmate;
259+(iii) any financial information of a person other than the jail inmate;
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259-(iii) any financial information of a person other than the jail inmate;
261+(iv) any child sexual abuse material as defined in Section 76-5b-103;
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261-(iv) any child sexual abuse material as defined in Section 76-5b-103;
263+(v) any intimate image as defined in Section 76-5b-203; or
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263-(v) any intimate image as defined in Section 76-5b-203; or
265+(vi) any visual depiction or information for which possession is prohibited, by policy,
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265-(vi) any visual depiction or information for which possession is prohibited, by policy,
266-- 4 - Enrolled Copy S.B. 194
267+at the jail.
267268 130
268-at the jail.
269+Section 2. Effective Date.
270+- 4 - 02-24 13:15 1st Sub. (Green) S.B. 194
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270-Section 2. Effective Date.
271-132
272272 This bill takes effect on May 7, 2025.
273273 - 5 -