H.B. 132

1

PUBLIC ACCESS TO WITNESS' TESTIMONY
2 2000 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Lawanna Shurtliff
5 AN ACT RELATING TO THE JUDICIAL CODE; PROVIDING FOR THE EXCLUSION OF
6 SPECTATORS BY THE COURT UNDER CERTAIN CIRCUMSTANCES; AND MAKING
7 TECHNICAL CORRECTIONS.
8 This act affects sections of Utah Code Annotated 1953 as follows:
9 AMENDS:
10 78-24-11, Utah Code Annotated 1953
11 Be it enacted by the Legislature of the state of Utah:
12 Section 1. Section 78-24-11 is amended to read:
13 78-24-11. Rights of witnesses.
14 (1) It is the right of a witness:
15 (a) to be protected from irrelevant, improper, or insulting questions[, and];
16 (b) to be protected from harsh or insulting demeanor[,];
17 (c) to be detained only so long as the interests of justice require it[,]; and
18 (d) to be examined only as to matters legal and pertinent to the issue.
19 (2) The court may exclude any or all spectators during the testimony of a witness whenever
20 reasonably necessary to prevent embarrassment or emotional disturbance of the witness. Factors
21 which may be considered in making the court's determination are:
22 (a) the age of the witness;
23 (b) the nature of the witness' testimony;
24 (c) the potential for embarrassment to the witness;
25 (d) the potential for emotional disturbance of the witness;
26 (e) the witness' feelings regarding exclusion; and
27 (f) other factors considered significant by the court.

Legislative Review Note
as of 2-1-00 12:56 PM

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

Office of Legislative Research and General Counsel