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6 Cosponsor:
Karen Kwan
7
8 LONG TITLE
9 General Description:
10 This bill enacts guidelines for prosecutors and other relevant entities interactions and
11 protocols related to a victim cooperating with an investigation or prosecution.
12 Highlighted Provisions:
13 This bill:
14 ▸ enacts the "Victims Guidelines for Prosecutors Act";
15 ▸ defines terms;
16 ▸ designates a Form I-918 Supplement B pertaining to a crime victim as a protected
17 record under the Government Records Access and Management Act;
18 ▸ provides uniform guidelines for prosecutors and other entities regarding proper
19 protocol related to immigration status forms of a crime victim when receiving the
20 assistance of the crime victim;
21 ▸ provides a timeline for completion of certain forms; and
22 ▸ requires reports to the Judiciary Interim Committee.
23 Money Appropriated in this Bill:
24 None
25 Other Special Clauses:
26 None
27 Utah Code Sections Affected:
28 AMENDS:
29 63G-2-305, as last amended by Laws of Utah 2019, Chapters 128, 193, 244, and 277
30 ENACTS:
31 77-38-501, Utah Code Annotated 1953
32 77-38-502, Utah Code Annotated 1953
33 77-38-503, Utah Code Annotated 1953
34
35 Be it enacted by the Legislature of the state of Utah:
36 Section 1. Section 63G-2-305 is amended to read:
37 63G-2-305. Protected records.
38 The following records are protected if properly classified by a governmental entity:
39 (1) trade secrets as defined in Section 13-24-2 if the person submitting the trade secret
40 has provided the governmental entity with the information specified in Section 63G-2-309;
41 (2) commercial information or nonindividual financial information obtained from a
42 person if:
43 (a) disclosure of the information could reasonably be expected to result in unfair
44 competitive injury to the person submitting the information or would impair the ability of the
45 governmental entity to obtain necessary information in the future;
46 (b) the person submitting the information has a greater interest in prohibiting access
47 than the public in obtaining access; and
48 (c) the person submitting the information has provided the governmental entity with
49 the information specified in Section 63G-2-309;
50 (3) commercial or financial information acquired or prepared by a governmental entity
51 to the extent that disclosure would lead to financial speculations in currencies, securities, or
52 commodities that will interfere with a planned transaction by the governmental entity or cause
53 substantial financial injury to the governmental entity or state economy;
54 (4) records, the disclosure of which could cause commercial injury to, or confer a
55 competitive advantage upon a potential or actual competitor of, a commercial project entity as
56 defined in Subsection 11-13-103(4);
57 (5) test questions and answers to be used in future license, certification, registration,
58 employment, or academic examinations;
59 (6) records, the disclosure of which would impair governmental procurement
60 proceedings or give an unfair advantage to any person proposing to enter into a contract or
61 agreement with a governmental entity, except, subject to Subsections (1) and (2), that this
62 Subsection (6) does not restrict the right of a person to have access to, after the contract or
63 grant has been awarded and signed by all parties:
64 (a) a bid, proposal, application, or other information submitted to or by a governmental
65 entity in response to:
66 (i) an invitation for bids;
67 (ii) a request for proposals;
68 (iii) a request for quotes;
69 (iv) a grant; or
70 (v) other similar document; or
71 (b) an unsolicited proposal, as defined in Section 63G-6a-712;
72 (7) information submitted to or by a governmental entity in response to a request for
73 information, except, subject to Subsections (1) and (2), that this Subsection (7) does not restrict
74 the right of a person to have access to the information, after:
75 (a) a contract directly relating to the subject of the request for information has been
76 awarded and signed by all parties; or
77 (b) (i) a final determination is made not to enter into a contract that relates to the
78 subject of the request for information; and
79 (ii) at least two years have passed after the day on which the request for information is
80 issued;
81 (8) records that would identify real property or the appraisal or estimated value of real
82 or personal property, including intellectual property, under consideration for public acquisition
83 before any rights to the property are acquired unless:
84 (a) public interest in obtaining access to the information is greater than or equal to the
85 governmental entity's need to acquire the property on the best terms possible;
86 (b) the information has already been disclosed to persons not employed by or under a
87 duty of confidentiality to the entity;
88 (c) in the case of records that would identify property, potential sellers of the described
89 property have already learned of the governmental entity's plans to acquire the property;
90 (d) in the case of records that would identify the appraisal or estimated value of
91 property, the potential sellers have already learned of the governmental entity's estimated value
92 of the property; or
93 (e) the property under consideration for public acquisition is a single family residence
94 and the governmental entity seeking to acquire the property has initiated negotiations to acquire
95 the property as required under Section 78B-6-505;
96 (9) records prepared in contemplation of sale, exchange, lease, rental, or other
97 compensated transaction of real or personal property including intellectual property, which, if
98 disclosed prior to completion of the transaction, would reveal the appraisal or estimated value
99 of the subject property, unless:
100 (a) the public interest in access is greater than or equal to the interests in restricting
101 access, including the governmental entity's interest in maximizing the financial benefit of the
102 transaction; or
103 (b) when prepared by or on behalf of a governmental entity, appraisals or estimates of
104 the value of the subject property have already been disclosed to persons not employed by or
105 under a duty of confidentiality to the entity;
106 (10) records created or maintained for civil, criminal, or administrative enforcement
107 purposes or audit purposes, or for discipline, licensing, certification, or registration purposes, if
108 release of the records:
109 (a) reasonably could be expected to interfere with investigations undertaken for
110 enforcement, discipline, licensing, certification, or registration purposes;
111 (b) reasonably could be expected to interfere with audits, disciplinary, or enforcement
112 proceedings;
113 (c) would create a danger of depriving a person of a right to a fair trial or impartial
114 hearing;
115 (d) reasonably could be expected to disclose the identity of a source who is not
116 generally known outside of government and, in the case of a record compiled in the course of
117 an investigation, disclose information furnished by a source not generally known outside of
118 government if disclosure would compromise the source; or
119 (e) reasonably could be expected to disclose investigative or audit techniques,
120 procedures, policies, or orders not generally known outside of government if disclosure would
121 interfere with enforcement or audit efforts;
122 (11) records the disclosure of which would jeopardize the life or safety of an
123 individual;
124 (12) records the disclosure of which would jeopardize the security of governmental
125 property, governmental programs, or governmental recordkeeping systems from damage, theft,
126 or other appropriation or use contrary to law or public policy;
127 (13) records that, if disclosed, would jeopardize the security or safety of a correctional
128 facility, or records relating to incarceration, treatment, probation, or parole, that would interfere
129 with the control and supervision of an offender's incarceration, treatment, probation, or parole;
130 (14) records that, if disclosed, would reveal recommendations made to the Board of
131 Pardons and Parole by an employee of or contractor for the Department of Corrections, the
132 Board of Pardons and Parole, or the Department of Human Services that are based on the
133 employee's or contractor's supervision, diagnosis, or treatment of any person within the board's
134 jurisdiction;
135 (15) records and audit workpapers that identify audit, collection, and operational
136 procedures and methods used by the State Tax Commission, if disclosure would interfere with
137 audits or collections;
138 (16) records of a governmental audit agency relating to an ongoing or planned audit
139 until the final audit is released;
140 (17) records that are subject to the attorney client privilege;
141 (18) records prepared for or by an attorney, consultant, surety, indemnitor, insurer,
142 employee, or agent of a governmental entity for, or in anticipation of, litigation or a judicial,
143 quasi-judicial, or administrative proceeding;
144 (19) (a) (i) personal files of a state legislator, including personal correspondence to or
145 from a member of the Legislature; and
146 (ii) notwithstanding Subsection (19)(a)(i), correspondence that gives notice of
147 legislative action or policy may not be classified as protected under this section; and
148 (b) (i) an internal communication that is part of the deliberative process in connection
149 with the preparation of legislation between:
150 (A) members of a legislative body;
151 (B) a member of a legislative body and a member of the legislative body's staff; or
152 (C) members of a legislative body's staff; and
153 (ii) notwithstanding Subsection (19)(b)(i), a communication that gives notice of
154 legislative action or policy may not be classified as protected under this section;
155 (20) (a) records in the custody or control of the Office of Legislative Research and
156 General Counsel, that, if disclosed, would reveal a particular legislator's contemplated
157 legislation or contemplated course of action before the legislator has elected to support the
158 legislation or course of action, or made the legislation or course of action public; and
159 (b) notwithstanding Subsection (20)(a), the form to request legislation submitted to the
160 Office of Legislative Research and General Counsel is a public document unless a legislator
161 asks that the records requesting the legislation be maintained as protected records until such
162 time as the legislator elects to make the legislation or course of action public;
163 (21) research requests from legislators to the Office of Legislative Research and
164 General Counsel or the Office of the Legislative Fiscal Analyst and research findings prepared
165 in response to these requests;
166 (22) drafts, unless otherwise classified as public;
167 (23) records concerning a governmental entity's strategy about:
168 (a) collective bargaining; or
169 (b) imminent or pending litigation;
170 (24) records of investigations of loss occurrences and analyses of loss occurrences that
171 may be covered by the Risk Management Fund, the Employers' Reinsurance Fund, the
172 Uninsured Employers' Fund, or similar divisions in other governmental entities;
173 (25) records, other than personnel evaluations, that contain a personal recommendation
174 concerning an individual if disclosure would constitute a clearly unwarranted invasion of
175 personal privacy, or disclosure is not in the public interest;
176 (26) records that reveal the location of historic, prehistoric, paleontological, or
177 biological resources that if known would jeopardize the security of those resources or of
178 valuable historic, scientific, educational, or cultural information;
179 (27) records of independent state agencies if the disclosure of the records would
180 conflict with the fiduciary obligations of the agency;
181 (28) records of an institution within the state system of higher education defined in
182 Section 53B-1-102 regarding tenure evaluations, appointments, applications for admissions,
183 retention decisions, and promotions, which could be properly discussed in a meeting closed in
184 accordance with Title 52, Chapter 4, Open and Public Meetings Act, provided that records of
185 the final decisions about tenure, appointments, retention, promotions, or those students
186 admitted, may not be classified as protected under this section;
187 (29) records of the governor's office, including budget recommendations, legislative
188 proposals, and policy statements, that if disclosed would reveal the governor's contemplated
189 policies or contemplated courses of action before the governor has implemented or rejected
190 those policies or courses of action or made them public;
191 (30) records of the Office of the Legislative Fiscal Analyst relating to budget analysis,
192 revenue estimates, and fiscal notes of proposed legislation before issuance of the final
193 recommendations in these areas;
194 (31) records provided by the United States or by a government entity outside the state
195 that are given to the governmental entity with a requirement that they be managed as protected
196 records if the providing entity certifies that the record would not be subject to public disclosure
197 if retained by it;
198 (32) transcripts, minutes, recordings, or reports of the closed portion of a meeting of a
199 public body except as provided in Section 52-4-206;
200 (33) records that would reveal the contents of settlement negotiations but not including
201 final settlements or empirical data to the extent that they are not otherwise exempt from
202 disclosure;
203 (34) memoranda prepared by staff and used in the decision-making process by an
204 administrative law judge, a member of the Board of Pardons and Parole, or a member of any
205 other body charged by law with performing a quasi-judicial function;
206 (35) records that would reveal negotiations regarding assistance or incentives offered
207 by or requested from a governmental entity for the purpose of encouraging a person to expand
208 or locate a business in Utah, but only if disclosure would result in actual economic harm to the
209 person or place the governmental entity at a competitive disadvantage, but this section may not
210 be used to restrict access to a record evidencing a final contract;
211 (36) materials to which access must be limited for purposes of securing or maintaining
212 the governmental entity's proprietary protection of intellectual property rights including patents,
213 copyrights, and trade secrets;
214 (37) the name of a donor or a prospective donor to a governmental entity, including an
215 institution within the state system of higher education defined in Section 53B-1-102, and other
216 information concerning the donation that could reasonably be expected to reveal the identity of
217 the donor, provided that:
218 (a) the donor requests anonymity in writing;
219 (b) any terms, conditions, restrictions, or privileges relating to the donation may not be
220 classified protected by the governmental entity under this Subsection (37); and
221 (c) except for an institution within the state system of higher education defined in
222 Section 53B-1-102, the governmental unit to which the donation is made is primarily engaged
223 in educational, charitable, or artistic endeavors, and has no regulatory or legislative authority
224 over the donor, a member of the donor's immediate family, or any entity owned or controlled
225 by the donor or the donor's immediate family;
226 (38) accident reports, except as provided in Sections 41-6a-404, 41-12a-202, and
227 73-18-13;
228 (39) a notification of workers' compensation insurance coverage described in Section
229 34A-2-205;
230 (40) (a) the following records of an institution within the state system of higher
231 education defined in Section 53B-1-102, which have been developed, discovered, disclosed to,
232 or received by or on behalf of faculty, staff, employees, or students of the institution:
233 (i) unpublished lecture notes;
234 (ii) unpublished notes, data, and information:
235 (A) relating to research; and
236 (B) of:
237 (I) the institution within the state system of higher education defined in Section
238 53B-1-102; or
239 (II) a sponsor of sponsored research;
240 (iii) unpublished manuscripts;
241 (iv) creative works in process;
242 (v) scholarly correspondence; and
243 (vi) confidential information contained in research proposals;
244 (b) Subsection (40)(a) may not be construed to prohibit disclosure of public
245 information required pursuant to Subsection 53B-16-302(2)(a) or (b); and
246 (c) Subsection (40)(a) may not be construed to affect the ownership of a record;
247 (41) (a) records in the custody or control of the Office of Legislative Auditor General
248 that would reveal the name of a particular legislator who requests a legislative audit prior to the
249 date that audit is completed and made public; and
250 (b) notwithstanding Subsection (41)(a), a request for a legislative audit submitted to the
251 Office of the Legislative Auditor General is a public document unless the legislator asks that
252 the records in the custody or control of the Office of Legislative Auditor General that would
253 reveal the name of a particular legislator who requests a legislative audit be maintained as
254 protected records until the audit is completed and made public;
255 (42) records that provide detail as to the location of an explosive, including a map or
256 other document that indicates the location of:
257 (a) a production facility; or
258 (b) a magazine;
259 (43) information:
260 (a) contained in the statewide database of the Division of Aging and Adult Services
261 created by Section 62A-3-311.1; or
262 (b) received or maintained in relation to the Identity Theft Reporting Information
263 System (IRIS) established under Section 67-5-22;
264 (44) information contained in the Management Information System and Licensing
265 Information System described in Title 62A, Chapter 4a, Child and Family Services;
266 (45) information regarding National Guard operations or activities in support of the
267 National Guard's federal mission;
268 (46) records provided by any pawn or secondhand business to a law enforcement
269 agency or to the central database in compliance with Title 13, Chapter 32a, Pawnshop and
270 Secondhand Merchandise Transaction Information Act;
271 (47) information regarding food security, risk, and vulnerability assessments performed
272 by the Department of Agriculture and Food;
273 (48) except to the extent that the record is exempt from this chapter pursuant to Section
274 63G-2-106, records related to an emergency plan or program, a copy of which is provided to or
275 prepared or maintained by the Division of Emergency Management, and the disclosure of
276 which would jeopardize:
277 (a) the safety of the general public; or
278 (b) the security of:
279 (i) governmental property;
280 (ii) governmental programs; or
281 (iii) the property of a private person who provides the Division of Emergency
282 Management information;
283 (49) records of the Department of Agriculture and Food that provides for the
284 identification, tracing, or control of livestock diseases, including any program established under
285 Title 4, Chapter 24, Utah Livestock Brand and Anti-Theft Act, or Title 4, Chapter 31, Control
286 of Animal Disease;
287 (50) as provided in Section 26-39-501:
288 (a) information or records held by the Department of Health related to a complaint
289 regarding a child care program or residential child care which the department is unable to
290 substantiate; and
291 (b) information or records related to a complaint received by the Department of Health
292 from an anonymous complainant regarding a child care program or residential child care;
293 (51) unless otherwise classified as public under Section 63G-2-301 and except as
294 provided under Section 41-1a-116, an individual's home address, home telephone number, or
295 personal mobile phone number, if:
296 (a) the individual is required to provide the information in order to comply with a law,
297 ordinance, rule, or order of a government entity; and
298 (b) the subject of the record has a reasonable expectation that this information will be
299 kept confidential due to:
300 (i) the nature of the law, ordinance, rule, or order; and
301 (ii) the individual complying with the law, ordinance, rule, or order;
302 (52) the portion of the following documents that contains a candidate's residential or
303 mailing address, if the candidate provides to the filing officer another address or phone number
304 where the candidate may be contacted:
305 (a) a declaration of candidacy, a nomination petition, or a certificate of nomination,
306 described in Section 20A-9-201, 20A-9-202, 20A-9-203, 20A-9-404, 20A-9-405, 20A-9-408,
307 20A-9-408.5, 20A-9-502, or 20A-9-601;
308 (b) an affidavit of impecuniosity, described in Section 20A-9-201; or
309 (c) a notice of intent to gather signatures for candidacy, described in Section
310 20A-9-408;
311 (53) the name, home address, work addresses, and telephone numbers of an individual
312 that is engaged in, or that provides goods or services for, medical or scientific research that is:
313 (a) conducted within the state system of higher education, as defined in Section
314 53B-1-102; and
315 (b) conducted using animals;
316 (54) in accordance with Section 78A-12-203, any record of the Judicial Performance
317 Evaluation Commission concerning an individual commissioner's vote on whether or not to
318 recommend that the voters retain a judge including information disclosed under Subsection
319 78A-12-203(5)(e);
320 (55) information collected and a report prepared by the Judicial Performance
321 Evaluation Commission concerning a judge, unless Section 20A-7-702 or Title 78A, Chapter
322 12, Judicial Performance Evaluation Commission Act, requires disclosure of, or makes public,
323 the information or report;
324 (56) records contained in the Management Information System created in Section
325 62A-4a-1003;
326 (57) records provided or received by the Public Lands Policy Coordinating Office in
327 furtherance of any contract or other agreement made in accordance with Section 63J-4-603;
328 (58) information requested by and provided to the 911 Division under Section
329 63H-7a-302;
330 (59) in accordance with Section 73-10-33:
331 (a) a management plan for a water conveyance facility in the possession of the Division
332 of Water Resources or the Board of Water Resources; or
333 (b) an outline of an emergency response plan in possession of the state or a county or
334 municipality;
335 (60) the following records in the custody or control of the Office of Inspector General
336 of Medicaid Services, created in Section 63A-13-201:
337 (a) records that would disclose information relating to allegations of personal
338 misconduct, gross mismanagement, or illegal activity of a person if the information or
339 allegation cannot be corroborated by the Office of Inspector General of Medicaid Services
340 through other documents or evidence, and the records relating to the allegation are not relied
341 upon by the Office of Inspector General of Medicaid Services in preparing a final investigation
342 report or final audit report;
343 (b) records and audit workpapers to the extent they would disclose the identity of a
344 person who, during the course of an investigation or audit, communicated the existence of any
345 Medicaid fraud, waste, or abuse, or a violation or suspected violation of a law, rule, or
346 regulation adopted under the laws of this state, a political subdivision of the state, or any
347 recognized entity of the United States, if the information was disclosed on the condition that
348 the identity of the person be protected;
349 (c) before the time that an investigation or audit is completed and the final
350 investigation or final audit report is released, records or drafts circulated to a person who is not
351 an employee or head of a governmental entity for the person's response or information;
352 (d) records that would disclose an outline or part of any investigation, audit survey
353 plan, or audit program; or
354 (e) requests for an investigation or audit, if disclosure would risk circumvention of an
355 investigation or audit;
356 (61) records that reveal methods used by the Office of Inspector General of Medicaid
357 Services, the fraud unit, or the Department of Health, to discover Medicaid fraud, waste, or
358 abuse;
359 (62) information provided to the Department of Health or the Division of Occupational
360 and Professional Licensing under Subsection 58-68-304(3) or (4);
361 (63) a record described in Section 63G-12-210;
362 (64) captured plate data that is obtained through an automatic license plate reader
363 system used by a governmental entity as authorized in Section 41-6a-2003;
364 (65) any record in the custody of the Utah Office for Victims of Crime relating to a
365 victim, including:
366 (a) a victim's application or request for benefits;
367 (b) a victim's receipt or denial of benefits; and
368 (c) any administrative notes or records made or created for the purpose of, or used to,
369 evaluate or communicate a victim's eligibility for or denial of benefits from the Crime Victim
370 Reparations Fund;
371 (66) an audio or video recording created by a body-worn camera, as that term is
372 defined in Section 77-7a-103, that records sound or images inside a hospital or health care
373 facility as those terms are defined in Section 78B-3-403, inside a clinic of a health care
374 provider, as that term is defined in Section 78B-3-403, or inside a human service program as
375 that term is defined in Section 62A-2-101, except for recordings that:
376 (a) depict the commission of an alleged crime;
377 (b) record any encounter between a law enforcement officer and a person that results in
378 death or bodily injury, or includes an instance when an officer fires a weapon;
379 (c) record any encounter that is the subject of a complaint or a legal proceeding against
380 a law enforcement officer or law enforcement agency;
381 (d) contain an officer involved critical incident as defined in Subsection
382 76-2-408(1)(d); or
383 (e) have been requested for reclassification as a public record by a subject or
384 authorized agent of a subject featured in the recording;
385 (67) a record pertaining to the search process for a president of an institution of higher
386 education described in Section 53B-2-102, except for application materials for a publicly
387 announced finalist; [
388 (68) an audio recording that is:
389 (a) produced by an audio recording device that is used in conjunction with a device or
390 piece of equipment designed or intended for resuscitating an individual or for treating an
391 individual with a life-threatening condition;
392 (b) produced during an emergency event when an individual employed to provide law
393 enforcement, fire protection, paramedic, emergency medical, or other first responder service:
394 (i) is responding to an individual needing resuscitation or with a life-threatening
395 condition; and
396 (ii) uses a device or piece of equipment designed or intended for resuscitating an
397 individual or for treating an individual with a life-threatening condition; and
398 (c) intended and used for purposes of training emergency responders how to improve
399 their response to an emergency situation;
400 (69) records submitted by or prepared in relation to an applicant seeking a
401 recommendation by the Research and General Counsel Subcommittee, the Budget
402 Subcommittee, or the Audit Subcommittee, established under Section 36-12-8, for an
403 employment position with the Legislature;
404 (70) work papers as defined in Section 31A-2-204;
405 (71) a record made available to Adult Protective Services or a law enforcement agency
406 under Section 61-1-206;
407 (72) a record submitted to the Insurance Department in accordance with Section
408 31A-37-201; [
409 (73) a record described in Section 31A-37-503[
410 (74) any record created by the Division of Occupational and Professional Licensing as
411 a result of Subsection 58-37f-304(5) or 58-37f-702(2)(a)(ii); [
412 (75) a record described in Section 72-16-306 that relates to the reporting of an injury
413 involving an amusement ride[
414 (76) a Form I-918 Supplement B certification as described in Title 77, Chapter 38, Part
415 5, Victims Guidelines for Prosecutors.
416 Section 2. Section 77-38-501 is enacted to read:
417
418 77-38-501. Title.
419 This part is known as the "Victims Guidelines for Prosecutors Act."
420 Section 3. Section 77-38-502 is enacted to read:
421 77-38-502. Definitions.
422 As used in this part:
423 (1) "Certifying entity" means any of the following:
424 (a) a law enforcement agency, as defined in Section 77-7a-103;
425 (b) a prosecutor, as defined in Section 77-22-4.5;
426 (c) a court, as defined in Section 78A-1-101;
427 (d) any other authority that has responsibility for the detection, investigation, or
428 prosecution of a qualifying crime or criminal activity; and
429 (e) an agency that has criminal detection or investigative jurisdiction in the agency's
430 respective areas of expertise, including:
431 (i) the Division of Child and Family Services; and
432 (ii) the Labor Commission.
433 (2) "Certifying official" means:
434 (a) the head of the certifying entity;
435 (b) a person in a supervisory role who has been specifically designated by the head of
436 the certifying entity to issue Form I-918 Supplement B certifications on behalf of that agency;
437 (c) a judge; or
438 (d) any other certifying official defined under 8 C.F.R. Sec. 214.14.
439 (3) "Commission" means the State Commission on Criminal and Juvenile Justice
440 created in Section 63M-7-201.
441 (4) (a) "Qualifying criminal activity" means the same as that term is defined in 8 C.F.R.
442 Sec. 214.14.
443 (b) "Qualifying criminal activity" includes criminal offenses for which the nature and
444 elements of the offenses are substantially similar to the criminal activity described in
445 Subsection (4)(a), and the attempt, conspiracy, or solicitation to commit any of those offenses.
446 Section 4. Section 77-38-503 is enacted to read:
447 77-38-503. Guidelines for prosecutors.
448 (1) Upon the request of the victim or victim's family member, a certifying official from
449 a certifying entity shall certify victim helpfulness on the Form I-918 Supplement B
450 certification, if the certifying entity determines the victim was a victim of a qualifying criminal
451 activity and has been helpful, is being helpful, or is likely to be helpful to the detection,
452 investigation, or prosecution of that qualifying criminal activity.
453 (2) A certifying entity shall determine helpfulness as described in Subsection (1) in a
454 manner consistent with federal guidelines.
455 (3) A certifying entity shall process a Form I-918 Supplement B certification within 90
456 days of request, unless the noncitizen is in removal proceedings, in which case the certification
457 shall be processed within 14 days of request.
458 (4) A current investigation, the filing of charges, a prosecution, or a conviction are not
459 required for the victim to request the Form I-918 Supplement B certification from a certifying
460 official.
461 (5) A certifying official may withdraw a Form I-918 Supplement B certification if:
462 (a) the victim refuses to provide information and assistance when reasonably
463 requested; or
464 (b) the certifying entity determines that the individual is not a victim of a qualifying
465 criminal activity.
466 (6) A certifying entity is prohibited from disclosing the immigration status of a victim
467 or person requesting the Form I-918 Supplement B certification, except to comply with federal
468 law, or if authorized by the victim or person requesting the Form I-918 Supplement B
469 certification.
470 (7) (a) Each certifying entity shall maintain records of the following information
471 related to each request for a Form I-918 Supplement B certification:
472 (i) the number of victims that requested Form I-918 Supplement B certifications from
473 the entity;
474 (ii) the number of those Form I-918 Supplement B certifications that were signed; and
475 (iii) the number of Form I-918 Supplement B certifications that were denied.
476 (b) Each certifying entity shall report the information described in Subsection (7)(a) to
477 the commission before June 30, 2021, and each year thereafter.
478 (c) The commission shall report the information received pursuant to Subsection (7)(b)
479 to the Judiciary Interim Committee of the Legislature on or before November 30 of each year.
480 (8) (a) A certifying entity may not disclose personal identifying information, or
481 information regarding the citizenship or immigration status of any victim of criminal activity or
482 trafficking who is requesting a certification unless:
483 (i) required to do so by applicable state or federal law or court order; or
484 (ii) the certifying agency has written authorization from:
485 (A) the victim; or
486 (B) if the victim is a minor or is otherwise not legally competent, from the victim's
487 parent or guardian.
488 (b) Subsection (8)(a) does not modify legal obligations of a prosecutor or law
489 enforcement to disclose information and evidence to a defendant.