HB 171: Victim Privacy Changes - Utah

Substitute #3 → Substitute #4 · 6 edits

MODERATE

This bill narrows the scope from protecting both victims and witnesses to protecting only victims, removes provisions allowing witnesses to access their own nonpublic data, and significantly restricts defendants' ability to obtain nonpublic electronic data by eliminating the requirement for prosecutors to make such data available in many cases. The changes shift the balance toward greater privacy protection for victims while reducing defendants' access to potentially exculpatory evidence.

Scope change

The bill's scope was narrowed from covering both victims and witnesses to covering only victims, and the definition of protected data was changed from 'nonpublic victim or witness data' to 'nonpublic victim data'.

DEFINITION

Changed the protected data definition from 'nonpublic victim or witness data' to 'nonpublic victim data', removing witness data protection.

Removed the definition of 'witness' and references to witness rights in the privacy section.

REQUIREMENT

Removed provisions requiring prosecutors to make nonpublic data available to defendants when it is direct evidence of an offense, exculpatory evidence, or intended for trial exhibits.

Added a rebuttable presumption against defendants copying or reproducing intimate images, with specific limitations on how such images may be handled.

ELIGIBILITY

Changed the process so defendants can only view nonpublic data at law enforcement or prosecutorial facilities, and self-represented defendants cannot inspect the data themselves.

SCOPE

Narrowed the bill's general description from addressing victim and witness privacy to addressing only victim privacy.

Substitute #2 → Substitute #3 · 5 edits

MODERATE

This bill revision simplifies the definition of 'prosecuting attorney' to focus on individual roles rather than offices, removes the requirement for a 21-day objection period for discovery requests, and consolidates the list of circumstances under which nonpublic victim or witness data can be shared without a court order by removing the oral statement and direct communication categories.

Scope change

The scope of who qualifies as a prosecuting attorney was narrowed from including various office titles and law firms to specific individual attorney roles, while the procedural requirements for accessing nonpublic data were streamlined.

DEFINITION

The definition of 'prosecuting attorney' was changed from listing offices (Office of Attorney General, county attorney office, etc.) to listing individual roles (attorney general, assistant attorney general, district attorney, deputy district attorney, county attorney, assistant county attorney, and attorneys authorized to commence actions on behalf of the state).

REQUIREMENT

The requirement for a 21-day objection period by the prosecuting attorney and victim/witness to discovery requests was removed.

Two categories for sharing nonpublic data without a court order were removed: oral/written statements given to law enforcement and data directly communicated to the defendant by the victim or witness.

The list of circumstances allowing automatic sharing of nonpublic data was renumbered and condensed from seven items to six items.

TECHNICAL

The citation for Rule 14 of the Utah Rules of Criminal Procedure was changed from Rule 14(c) to Rule 14(b)(5).

Substitute #1 → Substitute #2 · 5 edits

MODERATE

This bill was revised to narrow its focus from general 'nonpublic information' to specifically 'nonpublic electronic data' related to victims and witnesses. The changes clarify that defendants' attorneys (not just defendants) are the ones who can access this data, and they must do so at a governmental facility. The bill also adds a requirement for prosecutors to disclose in discovery whether they possess any such data and its source. Additionally, a new provision allows defendants to obtain this data voluntarily from victims or witnesses without needing a warrant or subpoena.

Scope change

The bill's scope narrowed from covering all nonpublic information to specifically covering nonpublic electronic data, and the right to access was limited to defendants' attorneys rather than defendants directly.

DEFINITION

Changed the term 'nonpublic information' to 'nonpublic victim or witness data' and specified it refers to electronic data rather than all forms of information.

ELIGIBILITY

Changed access rights from defendants to defendants' attorneys, who must inspect or view the data at a governmental facility.

REQUIREMENT

Added a requirement for prosecutors to describe in discovery whether they possess any nonpublic victim or witness data and to identify the source of that data.

Added a provision allowing defendants to obtain nonpublic data voluntarily from victims or witnesses without needing a warrant or subpoena.

Modified the conditions under which prosecutors can provide data to defendants, now specifically requiring the data to be in the possession of law enforcement or prosecutors.

Introduced → Substitute #1 · 6 edits

MODERATE

This bill substitutes a new version of HB 171 that significantly expands definitions and procedures for protecting victim and witness privacy while granting defendants more access to nonpublic information. The substitute bill clarifies what constitutes 'nonpublic information' by adding a reasonable expectation of privacy standard, redefines 'law enforcement agency' to include private agencies with general police power, and creates a new definition for 'prosecuting agency.' It also modifies when defendants can access information without a court order and strengthens privacy protections for victims of sexual offenses.

Scope change

The bill's scope remains focused on victim and witness privacy in criminal investigations, but the definitions and procedures for accessing nonpublic information have been substantially modified to provide clearer standards for both privacy protection and defendant access.

DEFINITION

Added a new definition for 'nonpublic information' that requires both that the information is not available to the public AND that a reasonable person would believe there is a reasonable expectation of privacy.

Changed 'law enforcement agency' definition from referencing another statute to a new definition that includes both public and private agencies with general police power.

Added a new definition for 'prosecuting agency' that specifically lists the Attorney General's office, county/district attorneys, city/municipal attorneys, and contracted law firms, plus their staff attorneys.

REQUIREMENT

Modified when defendants can access victim or witness information without a court order - the substitute bill allows access for oral or written statements given to law enforcement or prosecutors, which was not explicitly included in the original version.

Changed the standard for when courts can order defendants to copy or photograph victim information - the substitute bill removed the requirement that the defendant show their privacy interests outweigh the victim's privacy rights.

SCOPE

Reorganized the structure of the bill with clearer formatting and added specific bullet points in the highlighted provisions section to better explain what the bill does.

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