H.B. 139

1

EVIDENCE AMENDMENTS
2 2004 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Joseph G. Murray
5
6 LONG TITLE
7 General Description:
8 This bill amends provisions regarding the use of photographs of evidence in theft cases.
9 Highlighted Provisions:
10 This bill:
11 . expands the provision for using photographs in library theft and shoplifting cases to
12 all thefts.
13 Monies Appropriated in this Bill:
14 None
15 Other Special Clauses:
16 None
17 Utah Code Sections Affected:
18 AMENDS:
19 76-6-605, as last amended by Chapter 22, Laws of Utah 1989
20
21 Be it enacted by the Legislature of the state of Utah:
22 Section 1. Section 76-6-605 is amended to read:
23 76-6-605. Photographs of items allegedly taken or converted -- Admissibility --
24 Procedure.
25 [(1) As used in this section "items" means:]
26 [(a) goods or merchandise as defined in Section 76-6-601 ; and]
27 [(b) library materials, as defined in Title 76, Chapter 6, Part 8.]

28 [(2)] (1) In any prosecution for a violation of [Section 76-6-602 or] Title 76, Chapter 6,
29 [Part 8, Library Theft,] Offenses Against Property, photographs of the [items] property alleged
30 to have been taken or converted are competent evidence of the [items] property and are
31 admissible in any proceeding, hearing, or trial as if the items themselves were introduced as
32 evidence.
33 [(3)] (2) The photographs shall bear a written description of the [items] property
34 alleged to have been taken or converted, the name of the owner, [or] the [store, establishment,
35 or library, as appropriate,] place where the alleged offense occurred, the name of the accused,
36 the name of the arresting or investigating peace officer, the date of the photograph, and the
37 name and address of the photographer.
38 [(4)] (3) The writing shall be made under oath by the arresting or investigating peace
39 officer, and the photographs identified by the [signature] name of the photographer. Upon the
40 filing of the photograph and writing with the authority or court holding the [items] property as
41 evidence, [they shall] the property may be returned to [their owner, or returned to the proprietor
42 or manager of the store or establishment, or to an employee of the library, as is appropriate] its
43 owner.




Legislative Review Note
as of 2-9-04 1:17 PM

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

Office of Legislative Research and General Counsel