1     
VICTIM GUIDELINES FOR PROSECUTORS

2     
2020 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Andrew Stoddard

5     
Senate Sponsor: Todd Weiler

6     Cosponsor:
7     Karen Kwan


8     

9     LONG TITLE
10     General Description:
11          This bill enacts guidelines for prosecutors and other relevant entities interactions and
12     protocols related to a victim cooperating with an investigation or prosecution.
13     Highlighted Provisions:
14          This bill:
15          ▸     enacts the "Victims Guidelines for Prosecutors Act";
16          ▸     defines terms;
17          ▸     designates a Form I-918 Supplement B pertaining to a crime victim as a protected
18     record under the Government Records Access and Management Act;
19          ▸     provides uniform guidelines for prosecutors and other entities regarding proper
20     protocol related to immigration status forms of a crime victim when receiving the
21     assistance of the crime victim;
22          ▸     provides a timeline for completion of certain forms; and
23          ▸     requires reports to the Judiciary Interim Committee.
24     Money Appropriated in this Bill:
25          None
26     Other Special Clauses:
27          None
28     Utah Code Sections Affected:

29     AMENDS:
30          63G-2-305, as last amended by Laws of Utah 2019, Chapters 128, 193, 244, and 277
31     ENACTS:
32          77-38-501, Utah Code Annotated 1953
33          77-38-502, Utah Code Annotated 1953
34          77-38-503, Utah Code Annotated 1953
35     

36     Be it enacted by the Legislature of the state of Utah:
37          Section 1. Section 63G-2-305 is amended to read:
38          63G-2-305. Protected records.
39          The following records are protected if properly classified by a governmental entity:
40          (1) trade secrets as defined in Section 13-24-2 if the person submitting the trade secret
41     has provided the governmental entity with the information specified in Section 63G-2-309;
42          (2) commercial information or nonindividual financial information obtained from a
43     person if:
44          (a) disclosure of the information could reasonably be expected to result in unfair
45     competitive injury to the person submitting the information or would impair the ability of the
46     governmental entity to obtain necessary information in the future;
47          (b) the person submitting the information has a greater interest in prohibiting access
48     than the public in obtaining access; and
49          (c) the person submitting the information has provided the governmental entity with
50     the information specified in Section 63G-2-309;
51          (3) commercial or financial information acquired or prepared by a governmental entity
52     to the extent that disclosure would lead to financial speculations in currencies, securities, or
53     commodities that will interfere with a planned transaction by the governmental entity or cause
54     substantial financial injury to the governmental entity or state economy;
55          (4) records, the disclosure of which could cause commercial injury to, or confer a
56     competitive advantage upon a potential or actual competitor of, a commercial project entity as

57     defined in Subsection 11-13-103(4);
58          (5) test questions and answers to be used in future license, certification, registration,
59     employment, or academic examinations;
60          (6) records, the disclosure of which would impair governmental procurement
61     proceedings or give an unfair advantage to any person proposing to enter into a contract or
62     agreement with a governmental entity, except, subject to Subsections (1) and (2), that this
63     Subsection (6) does not restrict the right of a person to have access to, after the contract or
64     grant has been awarded and signed by all parties:
65          (a) a bid, proposal, application, or other information submitted to or by a governmental
66     entity in response to:
67          (i) an invitation for bids;
68          (ii) a request for proposals;
69          (iii) a request for quotes;
70          (iv) a grant; or
71          (v) other similar document; or
72          (b) an unsolicited proposal, as defined in Section 63G-6a-712;
73          (7) information submitted to or by a governmental entity in response to a request for
74     information, except, subject to Subsections (1) and (2), that this Subsection (7) does not restrict
75     the right of a person to have access to the information, after:
76          (a) a contract directly relating to the subject of the request for information has been
77     awarded and signed by all parties; or
78          (b) (i) a final determination is made not to enter into a contract that relates to the
79     subject of the request for information; and
80          (ii) at least two years have passed after the day on which the request for information is
81     issued;
82          (8) records that would identify real property or the appraisal or estimated value of real
83     or personal property, including intellectual property, under consideration for public acquisition
84     before any rights to the property are acquired unless:

85          (a) public interest in obtaining access to the information is greater than or equal to the
86     governmental entity's need to acquire the property on the best terms possible;
87          (b) the information has already been disclosed to persons not employed by or under a
88     duty of confidentiality to the entity;
89          (c) in the case of records that would identify property, potential sellers of the described
90     property have already learned of the governmental entity's plans to acquire the property;
91          (d) in the case of records that would identify the appraisal or estimated value of
92     property, the potential sellers have already learned of the governmental entity's estimated value
93     of the property; or
94          (e) the property under consideration for public acquisition is a single family residence
95     and the governmental entity seeking to acquire the property has initiated negotiations to acquire
96     the property as required under Section 78B-6-505;
97          (9) records prepared in contemplation of sale, exchange, lease, rental, or other
98     compensated transaction of real or personal property including intellectual property, which, if
99     disclosed prior to completion of the transaction, would reveal the appraisal or estimated value
100     of the subject property, unless:
101          (a) the public interest in access is greater than or equal to the interests in restricting
102     access, including the governmental entity's interest in maximizing the financial benefit of the
103     transaction; or
104          (b) when prepared by or on behalf of a governmental entity, appraisals or estimates of
105     the value of the subject property have already been disclosed to persons not employed by or
106     under a duty of confidentiality to the entity;
107          (10) records created or maintained for civil, criminal, or administrative enforcement
108     purposes or audit purposes, or for discipline, licensing, certification, or registration purposes, if
109     release of the records:
110          (a) reasonably could be expected to interfere with investigations undertaken for
111     enforcement, discipline, licensing, certification, or registration purposes;
112          (b) reasonably could be expected to interfere with audits, disciplinary, or enforcement

113     proceedings;
114          (c) would create a danger of depriving a person of a right to a fair trial or impartial
115     hearing;
116          (d) reasonably could be expected to disclose the identity of a source who is not
117     generally known outside of government and, in the case of a record compiled in the course of
118     an investigation, disclose information furnished by a source not generally known outside of
119     government if disclosure would compromise the source; or
120          (e) reasonably could be expected to disclose investigative or audit techniques,
121     procedures, policies, or orders not generally known outside of government if disclosure would
122     interfere with enforcement or audit efforts;
123          (11) records the disclosure of which would jeopardize the life or safety of an
124     individual;
125          (12) records the disclosure of which would jeopardize the security of governmental
126     property, governmental programs, or governmental recordkeeping systems from damage, theft,
127     or other appropriation or use contrary to law or public policy;
128          (13) records that, if disclosed, would jeopardize the security or safety of a correctional
129     facility, or records relating to incarceration, treatment, probation, or parole, that would interfere
130     with the control and supervision of an offender's incarceration, treatment, probation, or parole;
131          (14) records that, if disclosed, would reveal recommendations made to the Board of
132     Pardons and Parole by an employee of or contractor for the Department of Corrections, the
133     Board of Pardons and Parole, or the Department of Human Services that are based on the
134     employee's or contractor's supervision, diagnosis, or treatment of any person within the board's
135     jurisdiction;
136          (15) records and audit workpapers that identify audit, collection, and operational
137     procedures and methods used by the State Tax Commission, if disclosure would interfere with
138     audits or collections;
139          (16) records of a governmental audit agency relating to an ongoing or planned audit
140     until the final audit is released;

141          (17) records that are subject to the attorney client privilege;
142          (18) records prepared for or by an attorney, consultant, surety, indemnitor, insurer,
143     employee, or agent of a governmental entity for, or in anticipation of, litigation or a judicial,
144     quasi-judicial, or administrative proceeding;
145          (19) (a) (i) personal files of a state legislator, including personal correspondence to or
146     from a member of the Legislature; and
147          (ii) notwithstanding Subsection (19)(a)(i), correspondence that gives notice of
148     legislative action or policy may not be classified as protected under this section; and
149          (b) (i) an internal communication that is part of the deliberative process in connection
150     with the preparation of legislation between:
151          (A) members of a legislative body;
152          (B) a member of a legislative body and a member of the legislative body's staff; or
153          (C) members of a legislative body's staff; and
154          (ii) notwithstanding Subsection (19)(b)(i), a communication that gives notice of
155     legislative action or policy may not be classified as protected under this section;
156          (20) (a) records in the custody or control of the Office of Legislative Research and
157     General Counsel, that, if disclosed, would reveal a particular legislator's contemplated
158     legislation or contemplated course of action before the legislator has elected to support the
159     legislation or course of action, or made the legislation or course of action public; and
160          (b) notwithstanding Subsection (20)(a), the form to request legislation submitted to the
161     Office of Legislative Research and General Counsel is a public document unless a legislator
162     asks that the records requesting the legislation be maintained as protected records until such
163     time as the legislator elects to make the legislation or course of action public;
164          (21) research requests from legislators to the Office of Legislative Research and
165     General Counsel or the Office of the Legislative Fiscal Analyst and research findings prepared
166     in response to these requests;
167          (22) drafts, unless otherwise classified as public;
168          (23) records concerning a governmental entity's strategy about:

169          (a) collective bargaining; or
170          (b) imminent or pending litigation;
171          (24) records of investigations of loss occurrences and analyses of loss occurrences that
172     may be covered by the Risk Management Fund, the Employers' Reinsurance Fund, the
173     Uninsured Employers' Fund, or similar divisions in other governmental entities;
174          (25) records, other than personnel evaluations, that contain a personal recommendation
175     concerning an individual if disclosure would constitute a clearly unwarranted invasion of
176     personal privacy, or disclosure is not in the public interest;
177          (26) records that reveal the location of historic, prehistoric, paleontological, or
178     biological resources that if known would jeopardize the security of those resources or of
179     valuable historic, scientific, educational, or cultural information;
180          (27) records of independent state agencies if the disclosure of the records would
181     conflict with the fiduciary obligations of the agency;
182          (28) records of an institution within the state system of higher education defined in
183     Section 53B-1-102 regarding tenure evaluations, appointments, applications for admissions,
184     retention decisions, and promotions, which could be properly discussed in a meeting closed in
185     accordance with Title 52, Chapter 4, Open and Public Meetings Act, provided that records of
186     the final decisions about tenure, appointments, retention, promotions, or those students
187     admitted, may not be classified as protected under this section;
188          (29) records of the governor's office, including budget recommendations, legislative
189     proposals, and policy statements, that if disclosed would reveal the governor's contemplated
190     policies or contemplated courses of action before the governor has implemented or rejected
191     those policies or courses of action or made them public;
192          (30) records of the Office of the Legislative Fiscal Analyst relating to budget analysis,
193     revenue estimates, and fiscal notes of proposed legislation before issuance of the final
194     recommendations in these areas;
195          (31) records provided by the United States or by a government entity outside the state
196     that are given to the governmental entity with a requirement that they be managed as protected

197     records if the providing entity certifies that the record would not be subject to public disclosure
198     if retained by it;
199          (32) transcripts, minutes, recordings, or reports of the closed portion of a meeting of a
200     public body except as provided in Section 52-4-206;
201          (33) records that would reveal the contents of settlement negotiations but not including
202     final settlements or empirical data to the extent that they are not otherwise exempt from
203     disclosure;
204          (34) memoranda prepared by staff and used in the decision-making process by an
205     administrative law judge, a member of the Board of Pardons and Parole, or a member of any
206     other body charged by law with performing a quasi-judicial function;
207          (35) records that would reveal negotiations regarding assistance or incentives offered
208     by or requested from a governmental entity for the purpose of encouraging a person to expand
209     or locate a business in Utah, but only if disclosure would result in actual economic harm to the
210     person or place the governmental entity at a competitive disadvantage, but this section may not
211     be used to restrict access to a record evidencing a final contract;
212          (36) materials to which access must be limited for purposes of securing or maintaining
213     the governmental entity's proprietary protection of intellectual property rights including patents,
214     copyrights, and trade secrets;
215          (37) the name of a donor or a prospective donor to a governmental entity, including an
216     institution within the state system of higher education defined in Section 53B-1-102, and other
217     information concerning the donation that could reasonably be expected to reveal the identity of
218     the donor, provided that:
219          (a) the donor requests anonymity in writing;
220          (b) any terms, conditions, restrictions, or privileges relating to the donation may not be
221     classified protected by the governmental entity under this Subsection (37); and
222          (c) except for an institution within the state system of higher education defined in
223     Section 53B-1-102, the governmental unit to which the donation is made is primarily engaged
224     in educational, charitable, or artistic endeavors, and has no regulatory or legislative authority

225     over the donor, a member of the donor's immediate family, or any entity owned or controlled
226     by the donor or the donor's immediate family;
227          (38) accident reports, except as provided in Sections 41-6a-404, 41-12a-202, and
228     73-18-13;
229          (39) a notification of workers' compensation insurance coverage described in Section
230     34A-2-205;
231          (40) (a) the following records of an institution within the state system of higher
232     education defined in Section 53B-1-102, which have been developed, discovered, disclosed to,
233     or received by or on behalf of faculty, staff, employees, or students of the institution:
234          (i) unpublished lecture notes;
235          (ii) unpublished notes, data, and information:
236          (A) relating to research; and
237          (B) of:
238          (I) the institution within the state system of higher education defined in Section
239     53B-1-102; or
240          (II) a sponsor of sponsored research;
241          (iii) unpublished manuscripts;
242          (iv) creative works in process;
243          (v) scholarly correspondence; and
244          (vi) confidential information contained in research proposals;
245          (b) Subsection (40)(a) may not be construed to prohibit disclosure of public
246     information required pursuant to Subsection 53B-16-302(2)(a) or (b); and
247          (c) Subsection (40)(a) may not be construed to affect the ownership of a record;
248          (41) (a) records in the custody or control of the Office of Legislative Auditor General
249     that would reveal the name of a particular legislator who requests a legislative audit prior to the
250     date that audit is completed and made public; and
251          (b) notwithstanding Subsection (41)(a), a request for a legislative audit submitted to the
252     Office of the Legislative Auditor General is a public document unless the legislator asks that

253     the records in the custody or control of the Office of Legislative Auditor General that would
254     reveal the name of a particular legislator who requests a legislative audit be maintained as
255     protected records until the audit is completed and made public;
256          (42) records that provide detail as to the location of an explosive, including a map or
257     other document that indicates the location of:
258          (a) a production facility; or
259          (b) a magazine;
260          (43) information:
261          (a) contained in the statewide database of the Division of Aging and Adult Services
262     created by Section 62A-3-311.1; or
263          (b) received or maintained in relation to the Identity Theft Reporting Information
264     System (IRIS) established under Section 67-5-22;
265          (44) information contained in the Management Information System and Licensing
266     Information System described in Title 62A, Chapter 4a, Child and Family Services;
267          (45) information regarding National Guard operations or activities in support of the
268     National Guard's federal mission;
269          (46) records provided by any pawn or secondhand business to a law enforcement
270     agency or to the central database in compliance with Title 13, Chapter 32a, Pawnshop and
271     Secondhand Merchandise Transaction Information Act;
272          (47) information regarding food security, risk, and vulnerability assessments performed
273     by the Department of Agriculture and Food;
274          (48) except to the extent that the record is exempt from this chapter pursuant to Section
275     63G-2-106, records related to an emergency plan or program, a copy of which is provided to or
276     prepared or maintained by the Division of Emergency Management, and the disclosure of
277     which would jeopardize:
278          (a) the safety of the general public; or
279          (b) the security of:
280          (i) governmental property;

281          (ii) governmental programs; or
282          (iii) the property of a private person who provides the Division of Emergency
283     Management information;
284          (49) records of the Department of Agriculture and Food that provides for the
285     identification, tracing, or control of livestock diseases, including any program established under
286     Title 4, Chapter 24, Utah Livestock Brand and Anti-Theft Act, or Title 4, Chapter 31, Control
287     of Animal Disease;
288          (50) as provided in Section 26-39-501:
289          (a) information or records held by the Department of Health related to a complaint
290     regarding a child care program or residential child care which the department is unable to
291     substantiate; and
292          (b) information or records related to a complaint received by the Department of Health
293     from an anonymous complainant regarding a child care program or residential child care;
294          (51) unless otherwise classified as public under Section 63G-2-301 and except as
295     provided under Section 41-1a-116, an individual's home address, home telephone number, or
296     personal mobile phone number, if:
297          (a) the individual is required to provide the information in order to comply with a law,
298     ordinance, rule, or order of a government entity; and
299          (b) the subject of the record has a reasonable expectation that this information will be
300     kept confidential due to:
301          (i) the nature of the law, ordinance, rule, or order; and
302          (ii) the individual complying with the law, ordinance, rule, or order;
303          (52) the portion of the following documents that contains a candidate's residential or
304     mailing address, if the candidate provides to the filing officer another address or phone number
305     where the candidate may be contacted:
306          (a) a declaration of candidacy, a nomination petition, or a certificate of nomination,
307     described in Section 20A-9-201, 20A-9-202, 20A-9-203, 20A-9-404, 20A-9-405, 20A-9-408,
308     20A-9-408.5, 20A-9-502, or 20A-9-601;

309          (b) an affidavit of impecuniosity, described in Section 20A-9-201; or
310          (c) a notice of intent to gather signatures for candidacy, described in Section
311     20A-9-408;
312          (53) the name, home address, work addresses, and telephone numbers of an individual
313     that is engaged in, or that provides goods or services for, medical or scientific research that is:
314          (a) conducted within the state system of higher education, as defined in Section
315     53B-1-102; and
316          (b) conducted using animals;
317          (54) in accordance with Section 78A-12-203, any record of the Judicial Performance
318     Evaluation Commission concerning an individual commissioner's vote on whether or not to
319     recommend that the voters retain a judge including information disclosed under Subsection
320     78A-12-203(5)(e);
321          (55) information collected and a report prepared by the Judicial Performance
322     Evaluation Commission concerning a judge, unless Section 20A-7-702 or Title 78A, Chapter
323     12, Judicial Performance Evaluation Commission Act, requires disclosure of, or makes public,
324     the information or report;
325          (56) records contained in the Management Information System created in Section
326     62A-4a-1003;
327          (57) records provided or received by the Public Lands Policy Coordinating Office in
328     furtherance of any contract or other agreement made in accordance with Section 63J-4-603;
329          (58) information requested by and provided to the 911 Division under Section
330     63H-7a-302;
331          (59) in accordance with Section 73-10-33:
332          (a) a management plan for a water conveyance facility in the possession of the Division
333     of Water Resources or the Board of Water Resources; or
334          (b) an outline of an emergency response plan in possession of the state or a county or
335     municipality;
336          (60) the following records in the custody or control of the Office of Inspector General

337     of Medicaid Services, created in Section 63A-13-201:
338          (a) records that would disclose information relating to allegations of personal
339     misconduct, gross mismanagement, or illegal activity of a person if the information or
340     allegation cannot be corroborated by the Office of Inspector General of Medicaid Services
341     through other documents or evidence, and the records relating to the allegation are not relied
342     upon by the Office of Inspector General of Medicaid Services in preparing a final investigation
343     report or final audit report;
344          (b) records and audit workpapers to the extent they would disclose the identity of a
345     person who, during the course of an investigation or audit, communicated the existence of any
346     Medicaid fraud, waste, or abuse, or a violation or suspected violation of a law, rule, or
347     regulation adopted under the laws of this state, a political subdivision of the state, or any
348     recognized entity of the United States, if the information was disclosed on the condition that
349     the identity of the person be protected;
350          (c) before the time that an investigation or audit is completed and the final
351     investigation or final audit report is released, records or drafts circulated to a person who is not
352     an employee or head of a governmental entity for the person's response or information;
353          (d) records that would disclose an outline or part of any investigation, audit survey
354     plan, or audit program; or
355          (e) requests for an investigation or audit, if disclosure would risk circumvention of an
356     investigation or audit;
357          (61) records that reveal methods used by the Office of Inspector General of Medicaid
358     Services, the fraud unit, or the Department of Health, to discover Medicaid fraud, waste, or
359     abuse;
360          (62) information provided to the Department of Health or the Division of Occupational
361     and Professional Licensing under Subsection 58-68-304(3) or (4);
362          (63) a record described in Section 63G-12-210;
363          (64) captured plate data that is obtained through an automatic license plate reader
364     system used by a governmental entity as authorized in Section 41-6a-2003;

365          (65) any record in the custody of the Utah Office for Victims of Crime relating to a
366     victim, including:
367          (a) a victim's application or request for benefits;
368          (b) a victim's receipt or denial of benefits; and
369          (c) any administrative notes or records made or created for the purpose of, or used to,
370     evaluate or communicate a victim's eligibility for or denial of benefits from the Crime Victim
371     Reparations Fund;
372          (66) an audio or video recording created by a body-worn camera, as that term is
373     defined in Section 77-7a-103, that records sound or images inside a hospital or health care
374     facility as those terms are defined in Section 78B-3-403, inside a clinic of a health care
375     provider, as that term is defined in Section 78B-3-403, or inside a human service program as
376     that term is defined in Section 62A-2-101, except for recordings that:
377          (a) depict the commission of an alleged crime;
378          (b) record any encounter between a law enforcement officer and a person that results in
379     death or bodily injury, or includes an instance when an officer fires a weapon;
380          (c) record any encounter that is the subject of a complaint or a legal proceeding against
381     a law enforcement officer or law enforcement agency;
382          (d) contain an officer involved critical incident as defined in Subsection
383     76-2-408(1)(d); or
384          (e) have been requested for reclassification as a public record by a subject or
385     authorized agent of a subject featured in the recording;
386          (67) a record pertaining to the search process for a president of an institution of higher
387     education described in Section 53B-2-102, except for application materials for a publicly
388     announced finalist; [and]
389          (68) an audio recording that is:
390          (a) produced by an audio recording device that is used in conjunction with a device or
391     piece of equipment designed or intended for resuscitating an individual or for treating an
392     individual with a life-threatening condition;

393          (b) produced during an emergency event when an individual employed to provide law
394     enforcement, fire protection, paramedic, emergency medical, or other first responder service:
395          (i) is responding to an individual needing resuscitation or with a life-threatening
396     condition; and
397          (ii) uses a device or piece of equipment designed or intended for resuscitating an
398     individual or for treating an individual with a life-threatening condition; and
399          (c) intended and used for purposes of training emergency responders how to improve
400     their response to an emergency situation;
401          (69) records submitted by or prepared in relation to an applicant seeking a
402     recommendation by the Research and General Counsel Subcommittee, the Budget
403     Subcommittee, or the Audit Subcommittee, established under Section 36-12-8, for an
404     employment position with the Legislature;
405          (70) work papers as defined in Section 31A-2-204;
406          (71) a record made available to Adult Protective Services or a law enforcement agency
407     under Section 61-1-206;
408          (72) a record submitted to the Insurance Department in accordance with Section
409     31A-37-201; [and]
410          (73) a record described in Section 31A-37-503[.];
411          (74) any record created by the Division of Occupational and Professional Licensing as
412     a result of Subsection 58-37f-304(5) or 58-37f-702(2)(a)(ii); [and]
413          (75) a record described in Section 72-16-306 that relates to the reporting of an injury
414     involving an amusement ride[.]; and
415          (76) a Form I-918 Supplement B certification as described in Title 77, Chapter 38, Part
416     5, Victims Guidelines for Prosecutors.
417          Section 2. Section 77-38-501 is enacted to read:
418     
Part 5. Victims Guidelines for Prosecutors Act

419          77-38-501. Title.
420          This part is known as the "Victims Guidelines for Prosecutors Act."

421          Section 3. Section 77-38-502 is enacted to read:
422          77-38-502. Definitions.
423          As used in this part:
424          (1) "Certifying entity" means any of the following:
425          (a) a law enforcement agency, as defined in Section 77-7a-103;
426          (b) a prosecutor, as defined in Section 77-22-4.5;
427          (c) a court, as defined in Section 78A-1-101;
428          (d) any other authority that has responsibility for the detection, investigation, or
429     prosecution of a qualifying crime or criminal activity; and
430          (e) an agency that has criminal detection or investigative jurisdiction in the agency's
431     respective areas of expertise, including:
432          (i) the Division of Child and Family Services; and
433          (ii) the Labor Commission.
434          (2) "Certifying official" means:
435          (a) the head of the certifying entity;
436          (b) a person in a supervisory role who has been specifically designated by the head of
437     the certifying entity to issue Form I-918 Supplement B certifications on behalf of that agency;
438          (c) a judge; or
439          (d) any other certifying official defined under 8 C.F.R. Sec. 214.14.
440          (3) "Commission" means the State Commission on Criminal and Juvenile Justice
441     created in Section 63M-7-201.
442          (4) (a) "Qualifying criminal activity" means the same as that term is defined in 8 C.F.R.
443     Sec. 214.14.
444          (b) "Qualifying criminal activity" includes criminal offenses for which the nature and
445     elements of the offenses are substantially similar to the criminal activity described in
446     Subsection (4)(a), and the attempt, conspiracy, or solicitation to commit any of those offenses.
447          Section 4. Section 77-38-503 is enacted to read:
448          77-38-503. Guidelines for prosecutors.

449          (1) Upon the request of the victim or victim's family member, a certifying official from
450     a certifying entity shall certify victim helpfulness on the Form I-918 Supplement B
451     certification, if the certifying entity determines the victim was a victim of a qualifying criminal
452     activity and has been helpful, is being helpful, or is likely to be helpful to the detection,
453     investigation, or prosecution of that qualifying criminal activity.
454          (2) A certifying entity shall determine helpfulness as described in Subsection (1) in a
455     manner consistent with federal guidelines.
456          (3) A certifying entity shall process a Form I-918 Supplement B certification within 90
457     days of request, unless the noncitizen is in removal proceedings, in which case the certification
458     shall be processed within 14 days of request.
459          (4) A current investigation, the filing of charges, a prosecution, or a conviction are not
460     required for the victim to request the Form I-918 Supplement B certification from a certifying
461     official.
462          (5) A certifying official may withdraw a Form I-918 Supplement B certification if:
463          (a) the victim refuses to provide information and assistance when reasonably
464     requested; or
465          (b) the certifying entity determines that the individual is not a victim of a qualifying
466     criminal activity.
467          (6) A certifying entity is prohibited from disclosing the immigration status of a victim
468     or person requesting the Form I-918 Supplement B certification, except to comply with federal
469     law, or if authorized by the victim or person requesting the Form I-918 Supplement B
470     certification.
471          (7) (a) Each certifying entity shall maintain records of the following information
472     related to each request for a Form I-918 Supplement B certification:
473          (i) the number of victims that requested Form I-918 Supplement B certifications from
474     the entity;
475          (ii) the number of those Form I-918 Supplement B certifications that were signed; and
476          (iii) the number of Form I-918 Supplement B certifications that were denied.

477          (b) Each certifying entity shall report the information described in Subsection (7)(a) to
478     the commission before June 30, 2021, and each year thereafter.
479          (c) The commission shall report the information received pursuant to Subsection (7)(b)
480     to the Judiciary Interim Committee of the Legislature on or before November 30 of each year.
481          (8) (a) A certifying entity may not disclose personal identifying information, or
482     information regarding the citizenship or immigration status of any victim of criminal activity or
483     trafficking who is requesting a certification unless:
484          (i) required to do so by applicable state or federal law or court order; or
485          (ii) the certifying agency has written authorization from:
486          (A) the victim; or
487          (B) if the victim is a minor or is otherwise not legally competent, from the victim's
488     parent or guardian.
489          (b) Subsection (8)(a) does not modify legal obligations of a prosecutor or law
490     enforcement to disclose information and evidence to a defendant.