H.B. 298 Victim Advocate Confidentiality Amendments
Bill Sponsor: ![]() Rep. McKell, Michael K. | Floor Sponsor: ![]() Sen. Bramble, Curtis S. |
- Substitute Sponsor: Rep. McKell, Michael K.
- Drafting Attorney: Patricia Owen
- Fiscal Analyst: Gary R. Syphus
- Bill Text
- Introduced
- Amended
- Enrolled
(Currently Displayed)
- Introduced
- Other Versions
- Related Documents
- Information
- Last Action: 19 Mar 2018, Governor Signed
- Last Location: Lieutenant Governor's office for filing
- Effective Date: 8 May 2018
- Session Law Chapter: 226
Enrolled
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H.B. 298
1 VICTIM ADVOCATE CONFIDENTIALITY AMENDMENTS
22018 GENERAL SESSION
3STATE OF UTAH
4Chief Sponsor: Michael K. McKell
5Senate Sponsor: Curtis S. Bramble
6
7 LONG TITLE
8 General Description:
9 This bill creates a task force.
10 Highlighted Provisions:
11 This bill:
12 ▸ creates the Victim Advocate Confidentiality Task Force, including:
13 • addressing membership;
14 • providing quorum requirements;
15 • addressing compensation; and
16 • outlining task force duties.
17 Money Appropriated in this Bill:
18 None
19 Other Special Clauses:
20 This bill provides a repeal date.
21 Utah Code Sections Affected:
22 ENACTS:
23 36-29-103, Utah Code Annotated 1953
24
25 Be it enacted by the Legislature of the state of Utah:
26 Section 1. Section 36-29-103 is enacted to read:
27 36-29-103. Victim Advocate Confidentiality Task Force.
28 (1) There is created a task force known as the "Victim Advocate Confidentiality Task
29 Force."
30 (2) The task force shall consist of the following members:
31 (a) two members of the Senate appointed by the president of the Senate, no more than
32 one of whom may be from the same political party;
33 (b) three members of the House of Representatives appointed by the speaker of the
34 House of Representatives, no more than two of whom may be from the same political party;
35 (c) the executive director of the State Commission on Criminal and Juvenile Justice or
36 the executive director's designee;
37 (d) the state court administrator or the state court administrator's designee;
38 (e) the director of the Utah Office for Victims of Crime or the director's designee; and
39 (f) the attorney general or the attorney general's designee.
40 (3) (a) The president of the Senate shall designate a member of the Senate appointed
41 under Subsection (2)(a) as a cochair of the task force.
42 (b) The speaker of the House of Representatives shall designate a member of the House
43 of Representatives appointed under Subsection (2)(b) as a cochair of the task force.
44 (4) (a) A majority of the members of the task force constitutes a quorum.
45 (b) The action of a majority of a quorum constitutes an action of the task force.
46 (5) (a) Salaries and expenses of the members of the task force who are legislators shall
47 be paid in accordance with Section 36-2-2 and Legislative Joint Rules, Title 5, Legislative
48 Compensation and Expenses.
49 (b) A member of the task force who is not a legislator:
50 (i) may not receive compensation for the member's work associated with the task force;
51 and
52 (ii) may receive per diem and reimbursement for travel expenses incurred as a member
53 of the task force at the rates established by the Division of Finance under Sections 63A-3-106
54 and 63A-3-107 and rules made by the Division of Finance pursuant to Sections 63A-3-106 and
55 63A-3-107.
56 (6) The Office of Legislative Research and General Counsel shall provide staff support
57 to the task force.
58 (7) The task force shall study when and how communication or information provided
59 to an individual who advocates for victims should be kept confidential, including:
60 (a) defining relevant terms such as "victim advocate" and what qualifications a victim
61 advocate should have to have any confidentiality protections;
62 (b) what types of communication or information, if any, should be kept confidential;
63 (c) how to address issues such as:
64 (i) a victim advocate knowing that the victim will give or has given perjured testimony;
65 (ii) the communication or information containing exculpatory or inculpatory evidence;
66 and
67 (iii) duties to disclose suspected cases of child abuse or neglect;
68 (d) whether the confidentiality requirements should be enacted by statute or court rules
69 of procedure and evidence; and
70 (e) any other issue related to this Subsection (7).
71 (8) On or before the November 2018 Interim the task force shall report to the Judiciary
72 Interim Committee, including presenting proposed legislation, if any.
73 Section 2. Repeal date.
74 Section 36-29-103 is repealed on November 30, 2018.
2
3
4
5
6
7 LONG TITLE
8 General Description:
9 This bill creates a task force.
10 Highlighted Provisions:
11 This bill:
12 ▸ creates the Victim Advocate Confidentiality Task Force, including:
13 • addressing membership;
14 • providing quorum requirements;
15 • addressing compensation; and
16 • outlining task force duties.
17 Money Appropriated in this Bill:
18 None
19 Other Special Clauses:
20 This bill provides a repeal date.
21 Utah Code Sections Affected:
22 ENACTS:
23 36-29-103, Utah Code Annotated 1953
24
25 Be it enacted by the Legislature of the state of Utah:
26 Section 1. Section 36-29-103 is enacted to read:
27 36-29-103. Victim Advocate Confidentiality Task Force.
28 (1) There is created a task force known as the "Victim Advocate Confidentiality Task
29 Force."
30 (2) The task force shall consist of the following members:
31 (a) two members of the Senate appointed by the president of the Senate, no more than
32 one of whom may be from the same political party;
33 (b) three members of the House of Representatives appointed by the speaker of the
34 House of Representatives, no more than two of whom may be from the same political party;
35 (c) the executive director of the State Commission on Criminal and Juvenile Justice or
36 the executive director's designee;
37 (d) the state court administrator or the state court administrator's designee;
38 (e) the director of the Utah Office for Victims of Crime or the director's designee; and
39 (f) the attorney general or the attorney general's designee.
40 (3) (a) The president of the Senate shall designate a member of the Senate appointed
41 under Subsection (2)(a) as a cochair of the task force.
42 (b) The speaker of the House of Representatives shall designate a member of the House
43 of Representatives appointed under Subsection (2)(b) as a cochair of the task force.
44 (4) (a) A majority of the members of the task force constitutes a quorum.
45 (b) The action of a majority of a quorum constitutes an action of the task force.
46 (5) (a) Salaries and expenses of the members of the task force who are legislators shall
47 be paid in accordance with Section 36-2-2 and Legislative Joint Rules, Title 5, Legislative
48 Compensation and Expenses.
49 (b) A member of the task force who is not a legislator:
50 (i) may not receive compensation for the member's work associated with the task force;
51 and
52 (ii) may receive per diem and reimbursement for travel expenses incurred as a member
53 of the task force at the rates established by the Division of Finance under Sections 63A-3-106
54 and 63A-3-107 and rules made by the Division of Finance pursuant to Sections 63A-3-106 and
55 63A-3-107.
56 (6) The Office of Legislative Research and General Counsel shall provide staff support
57 to the task force.
58 (7) The task force shall study when and how communication or information provided
59 to an individual who advocates for victims should be kept confidential, including:
60 (a) defining relevant terms such as "victim advocate" and what qualifications a victim
61 advocate should have to have any confidentiality protections;
62 (b) what types of communication or information, if any, should be kept confidential;
63 (c) how to address issues such as:
64 (i) a victim advocate knowing that the victim will give or has given perjured testimony;
65 (ii) the communication or information containing exculpatory or inculpatory evidence;
66 and
67 (iii) duties to disclose suspected cases of child abuse or neglect;
68 (d) whether the confidentiality requirements should be enacted by statute or court rules
69 of procedure and evidence; and
70 (e) any other issue related to this Subsection (7).
71 (8) On or before the November 2018 Interim the task force shall report to the Judiciary
72 Interim Committee, including presenting proposed legislation, if any.
73 Section 2. Repeal date.
74 Section 36-29-103 is repealed on November 30, 2018.
Bill Status / Votes
• Senate Actions • House Actions • Fiscal Actions • Other Actions
Date | Action | Location | Vote |
2/1/2018 | Bill Numbered but not Distributed | Legislative Research and General Counsel | |
2/1/2018 | Numbered Bill Publicly Distributed | Legislative Research and General Counsel | |
2/1/2018 | House/ received bill from Legislative Research | Clerk of the House | |
2/1/2018 | House/ 1st reading (Introduced) | House Rules Committee | |
2/6/2018 | House/ received fiscal note from Fiscal Analyst | House Rules Committee | |
2/7/2018 | House/ to standing committee | House Judiciary Committee | |
2/15/2018 | House Comm - Not Considered | House Judiciary Committee | |
2/23/2018 | House Comm - Substitute Recommendation from # 0 to # 1 | House Judiciary Committee | 10 0 2 |
2/23/2018 | House Comm - Favorable Recommendation | House Judiciary Committee | 10 0 2 |
2/23/2018 (12:15:39 PM) | House/ comm rpt/ substituted | House Judiciary Committee | |
2/23/2018 (12:15:40 PM) | House/ 2nd reading | House 3rd Reading Calendar for House bills | |
2/27/2018 | LFA/ fiscal note sent to sponsor | House 3rd Reading Calendar for House bills | |
2/27/2018 | House/ 3rd Reading Calendar to Rules | House Rules Committee | |
2/27/2018 | House/ Rules to 3rd Reading Calendar | House 3rd Reading Calendar for House bills | |
2/27/2018 | LFA/ fiscal note publicly available | House 3rd Reading Calendar for House bills | |
3/2/2018 | House/ 3rd Reading Calendar to Rules | House Rules Committee | |
3/2/2018 | House/ Rules to 3rd Reading Calendar | House 3rd Reading Calendar for House bills | |
3/2/2018 | House/ 2nd suspended | House 3rd Reading Calendar for House bills | |
3/5/2018 (7:52:59 PM) | House/ 3rd reading | House 3rd Reading Calendar for House bills | |
3/5/2018 (7:58:19 PM) | House/ passed 3rd reading | Senate Secretary | 68 4 3 |
3/5/2018 (7:58:21 PM) | House/ to Senate | Senate Secretary | |
3/6/2018 | Senate/ received from House | Waiting for Introduction in the Senate | |
3/6/2018 | Senate/ 1st reading (Introduced) | Senate Rules Committee | |
3/6/2018 | Senate/ Rules to 2nd Reading Calendar | Senate 2nd Reading Calendar | |
3/7/2018 (10:29:19 AM) | Senate/ 2nd & 3rd readings/ suspension | Senate 2nd Reading Calendar | |
3/7/2018 (10:30:01 AM) | Senate/ floor amendment # 2 | Senate 2nd Reading Calendar | Voice vote |
3/7/2018 (10:33:47 AM) | Senate/ passed 2nd & 3rd readings/ suspension | Clerk of the House | 22 1 6 |
3/7/2018 (10:33:48 AM) | Senate/ to House with amendments | Clerk of the House | |
3/7/2018 (11:32:02 AM) | House/ received from Senate | Clerk of the House | |
3/7/2018 (11:32:03 AM) | House/ placed on Concurrence Calendar | House Concurrence Calendar | |
3/7/2018 (3:08:29 PM) | House/ concurs with Senate amendment | Senate President | 60 10 5 |
3/7/2018 (3:08:30 PM) | House/ to Senate | Senate President | |
3/7/2018 | Senate/ received from House | Senate President | |
3/7/2018 | Senate/ signed by President/ returned to House | House Speaker | |
3/7/2018 | Senate/ to House | House Speaker | |
3/8/2018 | House/ received from Senate | House Speaker | |
3/8/2018 | House/ signed by Speaker/ sent for enrolling | Legislative Research and General Counsel / Enrolling | |
3/12/2018 | Bill Received from House for Enrolling | Legislative Research and General Counsel / Enrolling | |
3/12/2018 | Draft of Enrolled Bill Prepared | Legislative Research and General Counsel / Enrolling | |
3/15/2018 | Enrolled Bill Returned to House or Senate | Clerk of the House | |
3/15/2018 | House/ enrolled bill to Printing | Clerk of the House | |
3/16/2018 | House/ to Governor | Executive Branch - Governor | |
3/19/2018 | Governor Signed | Lieutenant Governor's office for filing |
Committee Hearings/Floor Debate
- Committee Hearings