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H.B. 42 Enrolled

    

JUVENILE COURT HEARINGS AND RECORDS

    
1997 GENERAL SESSION

    
STATE OF UTAH

    
Sponsor: Patrice Arent

    Neal B. Hendrickson
    John L. Valentine
    Robert H. M. Killpack
    David L. Gladwell
Jack A. Seitz
Raymond W. Short
Gary F. Cox
Perry Buckner
Brian R. Allen
Susan J. Koehn
Blake D. Chard

    AN ACT RELATING TO THE JUDICIAL CODE; LOWERING THE AGE AT WHICH
    JUVENILE RECORDS CAN BE ACCESSED; CHANGING THE COURT'S
    DISCRETION ON WHO TO ADMIT TO JUVENILE HEARINGS; ADDING
    PROVISIONS TO ALLOW FOR ACCESSING JUVENILE RECORDS OF ADULTS
    CHARGED WITH FELONIES; AND MAKING TECHNICAL CORRECTIONS.
    This act affects sections of Utah Code Annotated 1953 as follows:
    AMENDS:
         78-3a-206, as enacted by Chapter 1, Laws of Utah 1996
         78-3a-511, as enacted by Chapter 1, Laws of Utah 1996
    Be it enacted by the Legislature of the state of Utah:
        Section 1. Section 78-3a-206 is amended to read:
         78-3a-206. Court records -- Inspection.
        (1) The court and the probation department shall keep records as required by the board and
    the presiding judge.
        (2) Court records shall be open to inspection by:
        (a) the parents or guardian, other parties in the case, the attorneys, and agencies to which
    custody of a minor has been transferred; and
        (b) the Division of Law Enforcement and Technical Services for the purpose of
    establishing good character for issuance of a concealed firearm permit as provided in Section
    53-5-704.
        (3) With the consent of the judge, court records may be inspected by the minor, by persons
    having a legitimate interest in the proceedings, and by persons conducting pertinent research

    studies.
        (4) If a petition is filed charging a minor [16] 14 years of age or older with an offense that
    would be a felony if committed by an adult, the court shall make available to any person upon
    request the petition, any adjudication or disposition orders, and the delinquency history summary
    of the minor charged.
        (5) Probation officers' records and reports of social and clinical studies are not open to
    inspection, except by consent of the court, given under rules adopted by the board.
        (6) (a) Any juvenile delinquency adjudication or disposition orders and the delinquency
    history summary of any person charged as an adult with a felony offense shall be made available to
    any person upon request.
        (b) This provision does not apply to records that have been destroyed or expunged in
    accordance with court rules.
        (c) Records that have been archived shall be made available, however the court may charge
    a reasonable fee to cover the costs associated with retrieving archived records.
        Section 2. Section 78-3a-511 is amended to read:
         78-3a-511. Hearings -- Public excluded, exceptions -- Victims admitted -- Minor's cases
     heard separately from adult cases -- Minor or parents or custodian heard separately --
     Continuance of hearing -- Consolidation of proceedings involving more than one minor.
        (1) [(a)] Hearings in minor's cases shall be held before the court without a jury and may be
    conducted in an informal manner. [The court may exclude the general public and admit only those
    persons who have a direct interest in the case or in the work of the court or who have been requested
    by the parent or legal guardian to be present.]
        (a) In abuse, neglect, and dependency cases, the court shall exclude all persons who do not
    have a direct interest in the proceedings.
        (b) In delinquency cases, the court shall admit all persons who have a direct interest in the
    case, and:
        (i) if the minor is 14 years of age or older, the court shall admit any person unless the hearing
    is closed by the court upon findings on the record for good cause;

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        (ii) if the minor is 13 years of age or younger, the court may admit persons requested by the
    parent or legal guardian to be present.
        [(b)] (c) The victim of any act charged in a petition or information involving an offense
    committed by a minor which if committed by an adult would be a felony shall, upon request, be
    afforded all rights afforded victims in Title 77, Chapter 36, Cohabitant Abuse Procedures Act, Title
    77, Chapter 37, Victim's Rights, and Title 77, Chapter 38, Rights of Crime Victims Act. The notice
    provisions in Section 77-38-3 do not apply to important juvenile justice hearings as defined in
    Section 77-38-2.
        [(c)] (d) A victim, upon request to appropriate juvenile court personnel, shall have the right
    to inspect and duplicate juvenile court legal records that have not been expunged concerning:
        (i) the scheduling of any court hearings on the petition;
        (ii) any findings made by the court; and
        (iii) any sentence or decree imposed by the court.
        [(2) Notwithstanding Subsection (1), if a proceeding is conducted on a written petition
    charging a minor 16 years of age or older with an offense which if committed by an adult would be
    a felony, the court shall admit any person to the proceeding unless closed by the judge upon findings
    on the record of good cause.]
        [(3)] (2) Minor's cases shall be heard separately from adult cases. The minor or his parents
    or custodian may be heard separately when considered necessary by the court. The hearing may be
    continued from time to time to a date specified by court order.
        [(4)] (3) When more than one minor is involved in a home situation which may be found to
    constitute neglect or dependency, or when more than one minor is alleged to be involved in the same
    law violation, the proceedings may be consolidated, except that separate hearings may be held with
    respect to disposition.

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