H.J.R. 2 Enrolled

RESOLUTION ON VICTIM'S RIGHTS
2000 GENERAL SESSION
STATE OF UTAH
Sponsor: Gary F. Cox
A JOINT RESOLUTION OF THE LEGISLATURE PROPOSING TO AMEND RULE 615 OF
THE UTAH RULES OF EVIDENCE REGARDING THE EXCLUSION OF WITNESSES
FROM THE COURTROOM; AND PROVIDING AN EFFECTIVE DATE.
This resolution proposes to amend the Utah Rules of Evidence as follows:
AMENDS:
Rule 615, Utah Rules of Evidence
Be it resolved by the Legislature of the state of Utah, two-thirds of all members elected to each
of the two houses voting in favor thereof:
As provided in Utah Constitution Article VIII, Section 4, the Legislature may amend rules
of procedure and evidence adopted by the Utah Supreme Court upon a two-thirds vote of all
members of both houses of the Legislature:
Section 1. Rule 615 , Utah Rules of Evidence is amended to read:
Rule 615. Exclusion of witnesses.
(1) At the request of a party the court shall order witnesses excluded so that they cannot
hear the testimony of other witnesses, and it may make the order on its own motion. This rule does
not authorize exclusion of:
(a) a party who is a natural person;
(b) an officer or employee of a party which is not a natural person designated as its
representative by its attorney;
(c) a person whose presence is shown by a party to be essential to the presentation of the
party's cause; [or]
(d) a victim in a criminal or juvenile delinquency proceeding where the prosecutor agrees
with the victim's presence[.]; or
(e) a victim counselor while the victim is present unless the defendant establishes that the
counselor is a material witness in that criminal proceeding.

(2) The court may exclude or excuse a victim from the courtroom if the victim becomes
disruptive.
(3) A victim in a criminal or juvenile delinquency proceeding who elects to be present in the
courtroom may not be prevented from testifying, even after being present and having heard other
testimony.
(4) As used in this rule, "victim counselor":
(a) means a person who is present in the courtroom to assist the victim and is employed by
or volunteers at any office, institution, or center assisting victims of crimes and their families which
offers crisis intervention or support, medical or legal services, or counseling; and
(b) includes a "sexual assault counselor" as defined in Section 78-3c-3 , Utah Code
Annotated.
Section 2. Effective date.
As provided in Utah Constitution Article VIII, Section 4, this act takes effect upon approval
by a constitutional two-thirds vote of all members elected to each house.

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