Senator Todd Weiler proposes the following substitute bill:


1     
VICTIM RIGHTS AMENDMENTS

2     
2019 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Steve Eliason

5     
Senate Sponsor: Todd Weiler

6     Cosponsors:
7     Lee B. Perry
Andrew Stoddard
Mike Winder

8     

9     LONG TITLE
10     General Description:
11          This bill allows investigations to be reviewed at the request of a victim or victim's
12     family.
13     Highlighted Provisions:
14          This bill:
15          ▸     creates a review process for open investigations.
16     Money Appropriated in this Bill:
17          None
18     Other Special Clauses:
19          None
20     Utah Code Sections Affected:
21     ENACTS:
22          11-63-101, Utah Code Annotated 1953
23     

24     Be it enacted by the Legislature of the state of Utah:

25          Section 1. Section 11-63-101 is enacted to read:
26          11-63-101. Review of open investigation.
27          (1) An individual who is a victim of a first degree felony, or who is a family member of
28     a missing person or homicide victim, may request review of a criminal investigation if:
29          (a) the incident was reported for investigation to a law enforcement agency with
30     jurisdiction to investigate the incident;
31          (b) at least one year has passed from the date the incident was first reported for
32     investigation to a law enforcement agency with jurisdiction to investigate the incident; and
33          (c) the law enforcement agency investigating the incident has not submitted the
34     investigation results to be screened for criminal charges by the county or district attorney in the
35     jurisdiction in which the incident occurred.
36          (2) (a) An individual who is a victim of a first degree felony, or who is a family
37     member of a missing person or homicide victim, may request review of the investigation by the
38     chief executive of the law enforcement agency investigating the incident. Within 30 days after
39     receiving a request, the chief executive of the law enforcement agency shall meet with the
40     investigating officers to evaluate the investigation, including existing leads and obstacles and
41     investigative resources that may be available to move the investigation to conclusion, and
42     develop a plan to:
43          (i) close the investigation;
44          (ii) undertake further investigative steps; or
45          (iii) submit the investigation results to be screened for criminal charges by the county
46     or district attorney in the jurisdiction in which the incident occurred.
47          (b) Within 60 days after receiving a request for review under Subsection (2)(a), the
48     chief executive of the law enforcement agency investigating the incident shall send written
49     notification to the individual who made the review request advising the individual whether the
50     agency will:
51          (i) close the investigation;
52          (ii) undertake further investigative steps; or
53          (iii) submit the investigation results to be screened for criminal charges.
54          (3) (a) If the written notification under Subsection (2)(b) indicates further investigative
55     steps will be undertaken or that the investigation results will be submitted to be screened for

56     criminal charges and no charges have been filed within 90 days following the date of the
57     written notification under Subsection (2)(b), or the investigation will be closed, the individual
58     who is a victim of crime, or who is a family member of a victim of crime, may submit a second
59     request to the law enforcement agency investigating the incident that the investigation results
60     and all evidence be transferred to the county attorney with jurisdiction over the area in which
61     the incident occurred.
62          (b) Within 15 days after receiving a transfer request under Subsection (3)(a), the chief
63     executive of the law enforcement agency shall forward the investigation results to the county
64     attorney as requested by the victim or victim's family.
65          (c) Within 30 days of receiving the investigation results from the law enforcement
66     agency investigating the incident, the county attorney shall evaluate the investigation, including
67     existing leads and obstacles, evidence, and investigative resources that may be available to
68     move the investigation to conclusion, and:
69          (i) develop a plan to undertake further investigative steps; or
70          (ii) decline to accept the transferred investigation.
71          (d) Within 60 days after receiving the investigation results from the law enforcement
72     agency investigating the incident, the county attorney shall send written notification to the
73     individual who made the transfer request advising the individual whether the county attorney
74     will undertake further investigative steps.
75          (4) If the county attorney declines to accept the transferred investigation, it shall return
76     all evidence and information to the law enforcement agency within 30 days.
77          (5) Nothing in this section requires a law enforcement agency or prosecuting agency to
78     close an investigation if charges are not filed within the time frames set forth in this section.
79          (6) An individual who is a victim of a first degree felony, or who is a family member of
80     a missing person or homicide victim, may seek review of an investigation by the attorney
81     general, pursuant to its concurrent jurisdiction to investigate and prosecute crimes in any city or
82     county of the state.
83          (a) Subject to Subsection (d), within 30 days of receiving a request from an individual
84     who is a victim of a first degree felony, or who is a family member of a missing person or
85     homicide victim, to accept a transferred investigation, the attorney general shall request from
86     the law enforcement agency all evidence and information regarding the investigation.

87          (b) Within 60 days after receiving the investigation information from the law
88     enforcement agency investigating the incident, the attorney general shall review all evidence
89     and information received and make a determination regarding the investigation.
90          (c) The attorney general shall send written notification to the individual who made the
91     transfer request within 60 days of its decision decline or continue an investigation.