41-6a-531. Access to DUI investigative reports.
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Effective 5/1/2024
41-6a-531. Access to DUI investigative reports.
(1)As used in this section:
(a)"Agent" means a person's attorney that has been formally engaged.
(b)"DUI investigative report" means all materials that a peace officer gathers as part of investigating an offense described in Subsection 41-6a-501 including:
(i)the identity of witnesses and, if known, contact information;
(ii)witness statements;
(iii)photographs and videotapes;
(iv)diagrams;
(v)field notes;
(vi)test results; and
(vii)any Targeted Responsibility for Alcohol Connected Emergencies investigation report.
(a)Upon request, a law enforcement agency shall disclose an unredacted DUI investigative report to:
(i)a person who suffers loss or injury related to the person's actions that gave rise to the investigation; or
(ii)an agent, parent, or legal guardian of the person described in Subsection (2)(a)(i).
(b)A law enforcement agency responding to a request under Subsection (2)(a) may:
(i)withhold a portion of the DUI investigative report if disclosure would materially prejudice an ongoing criminal investigation or criminal prosecution;
(ii)redact or withhold any privileged information;
(iii)redact an individual's phone number or address, if disclosure of the individual's phone number or address may endanger an individual's physical safety; or
(iv)provide the DUI investigative report subject to an agreement that limits the recipient's use of the DUI investigative report to use solely for the purpose of pursuing a civil claim related to the incident.
(3)A law enforcement agency may charge a reasonable fee to cover the cost incurred by disclosing a DUI investigative report in accordance with this section.
Enacted by Chapter 94 , 2024 General Session