H.B. 280

This document includes House Committee Amendments incorporated into the bill on Fri, Feb 14, 2003 at 11:32 AM by kholt. --> This document includes House Floor Amendments incorporated into the bill on Mon, Feb 24, 2003 at 10:28 AM by kholt. --> 1

MOTOR VEHICLE ACCIDENTS - ACCESS TO
2 POLICE REPORTS
3 2003 GENERAL SESSION
4 STATE OF UTAH
5 Sponsor: LaVar Christensen
6 This act modifies the Motor Vehicles Code by amending accident report disclosure
7 provisions. This act requires the responsible law enforcement agency employing the
8 investigating officer to disclose the accident report and upon written request any
9 accompanying data within ten days of the receipt of a written request, unless the
10 disclosure interferes with an ongoing criminal investigation or criminal prosecution.
10a h THIS ACT h [REQUIRES] ALLOWS h THE DEPARTMENT OF PUBLIC SAFETY AND THE
10a1 RESPONSIBLE LAW
10b ENFORCEMENT AGENCY EMPLOYING THE INVESTIGATING PEACE OFFICER TO CHARGE A
10b1 h REASONABLE h FEE
10c FOR THE COST INCURRED h [FOR] IN h DISCLOSING AN ACCIDENT REPORT OR ANY OF ITS
10d ACCOMPANYING DATA. h
11 This act affects sections of Utah Code Annotated 1953 as follows:
12 AMENDS:
13 41-6-40, as last amended by Chapter 85, Laws of Utah 2001
14 Be it enacted by the Legislature of the state of Utah:
15 Section 1. Section 41-6-40 is amended to read:
16 41-6-40. Accident reports -- When confidential -- Insurance policy information --
17 Use as evidence -- Penalty for false information.
18 (1) As used in this section[,]:
19 (a) "Agent" means a person's:
20 [(a)] (i) attorney;
21 [(b)] (ii) insurer; or
22 [(c)] (iii) any other individual or entity with signed permission from the person to
23 receive the person's accident report.
24 (b) "Accompanying data" means all materials gathered by the investigating peace
25 officer in an accident investigation including:

26 (i) the identity of witnesses and, if known, contact information;
27 (ii) witness statements;

28 (iii) photographs and videotapes;
29 (iv) diagrams; and
30 (v) field notes.
31 (2) Except as provided in Subsection (3), all accident reports required in this article to
32 be filed with the department:
33 (a) are without prejudice to the reporting individual;
34 (b) are protected and for the confidential use of the department or other state, local, or
35 federal agencies having use for the records for official governmental statistical, investigative,
36 and accident prevention purposes; and
37 (c) may be disclosed only in a statistical form that protects the privacy of any person
38 involved in the accident.
39 (3) (a) [The] Subject to the provisions of this section, the department or the responsible
40 law enforcement agency employing the peace officer that investigated the accident shall
41 disclose an accident report [and its accompanying data] to:
42 (i) a person involved in the accident, excluding a witness to the accident;
43 (ii) a person suffering loss or injury in the accident;
44 (iii) an agent, parent, or legal guardian of a person described in Subsections (3)(a)(i)
45 and (ii);
46 (iv) subject to Subsection (3)(d), a member of the press or broadcast news media;
47 (v) a state, local, or federal agency that uses the records for official governmental,
48 investigative, or accident prevention purposes;
49 (vi) law enforcement personnel when acting in their official governmental capacity;
50 and
51 (vii) a licensed private investigator.
52 (b) The responsible law enforcement agency employing the peace officer that
53 investigated the accident:
54 (i) shall in compliance with Subsection (3)(a):
55 (A) disclose an accident report; or
56 (B) upon written request disclose an accident report and its accompanying data within
57 ten business days from receipt of a written request for disclosure; or
58 (ii) may withhold an accident report, and any of its accompanying data if disclosure

59 would jeopardize an ongoing criminal investigation or criminal prosecution.
60 [(b)] (c) In accordance with Subsection (3)(a), the department or the responsible law
61 enforcement agency employing the investigating peace officer shall disclose whether any
62 person or vehicle involved in an accident reported under this section was covered by a vehicle
63 insurance policy, and the name of the insurer.
64 [(c)] (d) Information provided to a member of the press or broadcast news media under
65 Subsection (3)(a)(iv) may only include:
66 (i) the name, age, sex, and city of residence of each person involved in the accident;
67 (ii) the make and model year of each vehicle involved in the accident;
68 (iii) whether or not each person involved in the accident was covered by a vehicle
69 insurance policy;
70 (iv) the location of the accident; and
71 (v) a description of the accident that excludes personal identifying information not
72 listed in Subsection (3)[(c)](d)(i).
73 (4) (a) Except as provided in Subsection (4)(b), accident reports filed under this section
74 may not be used as evidence in any civil or criminal trial arising out of an accident.
75 (b) (i) Upon demand of any party to the trial or upon demand of any court, the
76 department shall furnish a certificate showing that a specified accident report has or has not
77 been made to the department in compliance with law.
78 (ii) If the report has been made, the certificate furnished by the department shall show
79 the date, time, and location of the accident, the names and addresses of the drivers, the owners
80 of the vehicles involved, and the investigating officers.
81 (iii) The reports may be used as evidence when necessary to prosecute charges filed in
82 connection with a violation of Subsection (5).
83 (5) A person who gives information in reports as required in this chapter knowing or
84 having reason to believe that the information is false is guilty of a class A misdemeanor.
84a h 6) THE DEPARTMENT AND THE RESPONSIBLE LAW ENFORCEMENT AGENCY EMPLOYING
84b THE INVESTIGATING PEACE OFFICER h [SHALL] MAY h CHARGE A h REASONABLE h FEE
84c DETERMINED BY THE DEPARTMENT
84c UNDER SECTION 63-38-3.2 FOR THE COST INCURRED h [FOR ] IN h DISCLOSING AN ACCIDENT
84d REPORT OR
84d AN ACCIDENT REPORT AND ANY OF ITS ACCOMPANYING DATA UNDER h [THIS SECTION ]
84e SUBSECTIONS (3)(a) AND (b) h . h

Legislative Review Note
as of 2-7-03 4:29 PM

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

Office of Legislative Research and General Counsel