64-13-27. Records -- Access.

456 words·~2 min read·/ut/title-64/chapter-13/64-13-27

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 2/16/2024

(a)The Criminal Investigations and Technical Services Division of the Department of Public Safety, established in Section 53-10-103 , county attorneys' offices, and state and local law enforcement agencies shall furnish to the department upon request a copy of records of any person arrested in this state.

(b)The department shall maintain centralized files on all offenders under the jurisdiction of the department and make the files available for review by other criminal justice agencies upon request in cases where offenders are the subject of active investigations.

(2)All records maintained by programs under contract to the department providing services to public offenders are the property of the department.

(3)The following information is not a record under Title 63A, Chapter 12, Part 1, Division of Archives and Records Service and Management of Government Records, or Title 63G, Chapter 2, Government Records Access and Management Act, and may not be disclosed by the department:

(a)identifying information of a person who participates in or administers the execution of a death sentence, including the on-site medical administrator, correctional facility staff, contractors, consultants, executioners, or other staff or volunteers; or

(b)identifying information of a person that manufactures, supplies, compounds, or prescribes drugs, medical supplies, medical equipment, or any other equipment used in the execution of a death sentence.

(4)Notwithstanding any provision of Title 63G, Chapter 2, Government Records Access and Management Act, or any other provision of the Utah Code governing the release of information, the identifying information described in Subsection (3):

(a)is not subject to release through discovery or other judicial processes or orders; and

(b)may not be introduced as evidence in a civil proceeding, a criminal proceeding, an agency proceeding, or any other administrative or judicial proceeding.

(5)Within 90 days after the day on which an execution of a death sentence is performed, the department shall:

(a)create a copy of the department's records related to an execution of a death sentence that redacts the personal identifying information listed in Subsection (3); and

(b)destroy the original records containing the personal identifying information.

(6)A copy of a record created in Subsection (5)(a) shall be classified as protected under Title 63G, Chapter 2, Government Records Access and Management Act.

(7)A violation of this section may be punished in accordance with Section 63G-2-801 .

(a)If any provision of this section or the application of any provision to any person or circumstance is held invalid by a final decision of a court, the remainder of this section shall be given effect without the invalid provision or application.

(b)The provisions of this section are severable.

Amended by Chapter 16 , 2024 General Session