H.B. 42

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JUVENILE COURT HEARINGS AND RECORDS
2 1997 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Patrice Arent
5 AN ACT RELATING TO THE JUDICIAL CODE; LOWERING THE AGE AT WHICH
6 JUVENILE RECORDS CAN BE ACCESSED; CHANGING THE COURT'S DISCRETION
7 ON WHO TO ADMIT TO JUVENILE HEARINGS; ADDING PROVISIONS TO ALLOW
8 FOR ACCESSING JUVENILE RECORDS OF ADULTS CHARGED WITH FELONIES;
9 AND MAKING TECHNICAL CORRECTIONS.
10 This act affects sections of Utah Code Annotated 1953 as follows:
11 AMENDS:
12 78-3a-206, as enacted by Chapter 1, Laws of Utah 1996
13 78-3a-511, as enacted by Chapter 1, Laws of Utah 1996
14 Be it enacted by the Legislature of the state of Utah:
15 Section 1. Section 78-3a-206 is amended to read:
16 78-3a-206. Court records - Inspection.
17 (1) The court and the probation department shall keep records as required by the board and
18 the presiding judge.
19 (2) Court records shall be open to inspection by:
20 (a) the parents or guardian, other parties in the case, the attorneys, and agencies to which
21 custody of a minor has been transferred; and
22 (b) the Division of Law Enforcement and Technical Services for the purpose of
23 establishing good character for issuance of a concealed firearm permit as provided in Section
24 53-5-704.
25 (3) With the consent of the judge, court records may be inspected by the minor, by persons
26 having a legitimate interest in the proceedings, and by persons conducting pertinent research
27 studies.

1 (4) If a petition is filed charging a minor [16] 14 years of age or older with an offense that
2 would be a felony if committed by an adult, the court shall make available to any person upon
3 request the petition, any adjudication or disposition orders, and the delinquency history summary
4 of the minor charged.
5 (5) Probation officers' records and reports of social and clinical studies are not open to
6 inspection, except by consent of the court, given under rules adopted by the board.
7 (6) (a) Any juvenile adjudication or disposition orders and the delinquency history
8 summary of any person charged as an adult with a felony offense shall be made available to any
9 person upon request.
10 (b) This provision does not apply to records that have been destroyed or expunged in
11 accordance with court rules.
12 (c) Records that have been archived shall be made available, however the court may
13 charge a reasonable fee to cover the costs associated with retrieving archived records.
14 Section 2. Section 78-3a-511 is amended to read:
15 78-3a-511. Hearings -- Public excluded, exceptions -- Victims admitted -- Minor's
16 cases heard separately from adult cases -- Minor or parents or custodian heard separately
17 -- Continuance of hearing -- Consolidation of proceedings involving more than one minor.
18 (1) (a) Hearings in minor's cases shall be held before the court without a jury and may be
19 conducted in an informal manner. The court [may exclude the general public and] shall admit [only
20 those] persons who have a direct interest in the case [or], in the work of the court, or who have
21 been requested by the parent or legal guardian to be present. The court may admit members of the
22 general public.
23 (b) The victim of any act charged in a petition or information involving an offense
24 committed by a minor which if committed by an adult would be a felony shall, upon request, be
25 afforded all rights afforded victims in Title 77, Chapter 36, Cohabitant Abuse Procedures Act,
26 Title 77, Chapter 37, Victim's Rights, and Title 77, Chapter 38, Rights of Crime Victims Act. The
27 notice provisions in Section 77-38-3 do not apply to important juvenile justice hearings as defined
28 in Section 77-38-2.
29 (c) A victim, upon request to appropriate juvenile court personnel, shall have the right to
30 inspect and duplicate juvenile court legal records that have not been expunged concerning:
31 (i) the scheduling of any court hearings on the petition;

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1 (ii) any findings made by the court; and
2 (iii) any sentence or decree imposed by the court.
3 (2) Notwithstanding Subsection (1), if a proceeding is conducted on a written petition
4 charging a minor [16] 14 years of age or older with an offense which if committed by an adult
5 would be a felony, the court shall admit any person to the proceeding unless closed by the judge
6 upon findings on the record of good cause.
7 (3) Minor's cases shall be heard separately from adult cases. The minor or his parents or
8 custodian may be heard separately when considered necessary by the court. The hearing may be
9 continued from time to time to a date specified by court order.
10 (4) When more than one minor is involved in a home situation which may be found to
11 constitute neglect or dependency, or when more than one minor is alleged to be involved in the
12 same law violation, the proceedings may be consolidated, except that separate hearings may be
13 held with respect to disposition.




Legislative Review Note
as of 12-12-96 9:14 AM

A limited legal review of this bill raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel

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