S.B. 206

1

ACCESS TO CRIME VICTIM'S MEDICAL RECORDS
2 2010 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Jon J. Greiner
5 House Sponsor: Curtis Oda
6
7 LONG TITLE
8 General Description:
9 This bill inserts a definition for law enforcement official into the statute on
10 photographing injuries to a child for an investigation.
11 Highlighted Provisions:
12 This bill:
13 . inserts a definition for law enforcement official into the statute allowing for
14 photographs of trauma and injuries to a child for medical and investigational
15 purposes; and
16 . makes technical corrections.
17 Monies Appropriated in this Bill:
18 None
19 Other Special Clauses:
20 None
21 Utah Code Sections Affected:
22 AMENDS:
23 62A-4a-406, as last amended by Laws of Utah 2008, Chapter 299
24
25 Be it enacted by the Legislature of the state of Utah:
26 Section 1. Section 62A-4a-406 is amended to read:
27 62A-4a-406. Photographs.

28 (1) As used in this section, "law enforcement official" includes:
29 (a) a district attorney, deputy district attorney, county attorney, or deputy county
30 attorney;
31 (b) the attorney general or an assistant attorney general designated as a criminal
32 prosecutor; or
33 (c) a city attorney or a deputy city attorney designated as a criminal prosecutor.
34 [(1)] (2) Any physician, surgeon, medical examiner, peace officer, law enforcement
35 official, or public health officer or official may take photographs of the areas of trauma visible
36 on a child and, if medically indicated, perform radiological examinations.
37 [(2)] (3) Photographs may be taken of the premises or of objects relevant to a reported
38 circumstance of abuse or neglect.
39 [(3)] (4) Photographs or X-rays, and all other medical records pertinent to an
40 investigation for abuse or neglect shall be made available to the division, law enforcement
41 officials, and the court.




Legislative Review Note
as of 2-15-10 12:27 PM

Office of Legislative Research and General Counsel