H.B. 298 Victim Advocate Confidentiality Amendments

Bill Sponsor:

Rep. McKell, Michael K.
Floor Sponsor:

Sen. Bramble, Curtis S.
  • Drafting Attorney: Patricia Owen
  • Fiscal Analyst: Gary R. Syphus




  • 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


H.B. 298

1     
VICTIM ADVOCATE CONFIDENTIALITY AMENDMENTS

2     
2018 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Michael K. McKell

5     
Senate 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.
Bill Status / Votes
• Senate Actions • House Actions • Fiscal Actions • Other Actions
DateActionLocationVote
2/1/2018 Bill Numbered but not DistributedLegislative Research and General Counsel
2/1/2018 Numbered Bill Publicly DistributedLegislative Research and General Counsel
2/1/2018 House/ received bill from Legislative ResearchClerk of the House
2/1/2018 House/ 1st reading (Introduced)House Rules Committee
2/6/2018 House/ received fiscal note from Fiscal AnalystHouse Rules Committee
2/7/2018 House/ to standing committeeHouse Judiciary Committee
2/15/2018 House Comm - Not ConsideredHouse Judiciary Committee
2/23/2018 House Comm - Substitute Recommendation from # 0 to # 1House Judiciary Committee10 0 2
2/23/2018 House Comm - Favorable RecommendationHouse Judiciary Committee10 0 2
2/23/2018 (12:15:39 PM)House/ comm rpt/ substitutedHouse Judiciary Committee
2/23/2018 (12:15:40 PM)House/ 2nd readingHouse 3rd Reading Calendar for House bills
2/27/2018 LFA/ fiscal note sent to sponsorHouse 3rd Reading Calendar for House bills
2/27/2018 House/ 3rd Reading Calendar to RulesHouse Rules Committee
2/27/2018 House/ Rules to 3rd Reading CalendarHouse 3rd Reading Calendar for House bills
2/27/2018 LFA/ fiscal note publicly availableHouse 3rd Reading Calendar for House bills
3/2/2018 House/ 3rd Reading Calendar to RulesHouse Rules Committee
3/2/2018 House/ Rules to 3rd Reading CalendarHouse 3rd Reading Calendar for House bills
3/2/2018 House/ 2nd suspendedHouse 3rd Reading Calendar for House bills
3/5/2018 (7:52:59 PM)House/ 3rd readingHouse 3rd Reading Calendar for House bills
3/5/2018 (7:58:19 PM)House/ passed 3rd readingSenate Secretary68 4 3
3/5/2018 (7:58:21 PM)House/ to SenateSenate Secretary
3/6/2018 Senate/ received from HouseWaiting for Introduction in the Senate
3/6/2018 Senate/ 1st reading (Introduced)Senate Rules Committee
3/6/2018 Senate/ Rules to 2nd Reading CalendarSenate 2nd Reading Calendar
3/7/2018 (10:29:19 AM)Senate/ 2nd & 3rd readings/ suspensionSenate 2nd Reading Calendar
3/7/2018 (10:30:01 AM)Senate/ floor amendment # 2Senate 2nd Reading CalendarVoice vote
3/7/2018 (10:33:47 AM)Senate/ passed 2nd & 3rd readings/ suspensionClerk of the House22 1 6
3/7/2018 (10:33:48 AM)Senate/ to House with amendmentsClerk of the House
3/7/2018 (11:32:02 AM)House/ received from SenateClerk of the House
3/7/2018 (11:32:03 AM)House/ placed on Concurrence CalendarHouse Concurrence Calendar
3/7/2018 (3:08:29 PM)House/ concurs with Senate amendmentSenate President60 10 5
3/7/2018 (3:08:30 PM)House/ to SenateSenate President
3/7/2018 Senate/ received from HouseSenate President
3/7/2018 Senate/ signed by President/ returned to HouseHouse Speaker
3/7/2018 Senate/ to HouseHouse Speaker
3/8/2018 House/ received from SenateHouse Speaker
3/8/2018 House/ signed by Speaker/ sent for enrollingLegislative Research and General Counsel / Enrolling
3/12/2018 Bill Received from House for EnrollingLegislative Research and General Counsel / Enrolling
3/12/2018 Draft of Enrolled Bill PreparedLegislative Research and General Counsel / Enrolling
3/15/2018 Enrolled Bill Returned to House or SenateClerk of the House
3/15/2018 House/ enrolled bill to PrintingClerk of the House
3/16/2018 House/ to GovernorExecutive Branch - Governor
3/19/2018 Governor SignedLieutenant Governor's office for filing