H.B. 11 Enrolled

JUVENILE COURT HEARINGS AND RECORDS
1998 GENERAL SESSION
STATE OF UTAH
Sponsor: Patrice Arent
Raymond W. Short
John E. Swallow
Lloyd W. Frandsen
Kevin S. Garn
Susan J. Koehn
Sheryl L. Allen
David M. Jones
Ralph Becker
Katherine Bryson
Mary Carlson
Brian R. Allen
Blake D. Chard
Ron Bigelow
A. Lamont Tyler
Wayne A. Harper

AN ACT RELATING TO THE JUDICIAL CODE; CHANGING THE COURT'S DISCRETION
ON WHO TO ADMIT TO JUVENILE HEARINGS; CHANGING THE AGE LIMIT ON
WHAT HEARINGS CAN BE OPEN AND RECORDS TO BE AVAILABLE; 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-115, as last amended by Chapter 103 and renumbered and amended by Chapter 365,
Laws of Utah 1997
78-3a-206, 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-115 is amended to read:
78-3a-115. 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 shall 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 may admit persons requested by the parent or legal guardian to be present. The court shall
exclude all other persons except as provided in Subsection (1)(c).
(c) In delinquency cases in which the minor charged 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 if:
(i) the minor has been charged with an offense which would be a felony if committed by an
adult; or
(ii) the minor is charged with an offense that would be a class A or B misdemeanor if
committed by an adult, and the minor has been previously charged with an offense which would be
a misdemeanor or felony if committed by an adult.
[(b)] (d) 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, Victims' 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)] (e) 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 or a misdemeanor as provided in Section 77-38-5 , 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

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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.
Section 2. 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 unless the records are closed by the court upon findings on the record for good
cause.
(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.

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(c) The court may charge a reasonable fee to cover the costs associated with retrieving a
requested record that has been archived.

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