This document includes House Committee Amendments incorporated into the bill on Wed, Feb 23, 2022 at 11:26 AM by lfindlay.
This document includes House Committee Amendments incorporated into the bill on Wed, Feb 23, 2022 at 11:27 AM by lfindlay.
Representative Steve Waldrip proposes the following substitute bill:


1     
JOINT RESOLUTION AMENDING RULES OF CRIMINAL

2     
PROCEDURE ON HEARINGS WITH CONTEMPORANEOUS

3     
TRANSMISSION

4     
2022 GENERAL SESSION

5     
STATE OF UTAH

6     
Chief Sponsor: Steve Waldrip

7     
Senate Sponsor: ____________

8     

9     LONG TITLE
10     General Description:
11          This joint resolution amends Utah Rules of Criminal Procedure, Rule 17.5, regarding
12     hearings with contemporaneous transmission from a different location.
13     Highlighted Provisions:
14          This resolution:
15          ▸     amends the Utah Rules of Criminal Procedure, Rule 17.5, regarding hearings with
16     contemporaneous transmission from a different location; and
17          ▸     makes technical and conforming changes.
18     Special Clauses:
19          This resolution provides a special effective date.
20     Utah Rules of Criminal Procedure Affected:
21     AMENDS:
22          Rule 17.5, Utah Rules of Criminal Procedure
23     

24     Be it resolved by the Legislature of the state of Utah, two-thirds of all members elected to each
25     of the two houses voting in favor thereof:
26          As provided in Utah Constitution Article VIII, Section 4, the Legislature may amend
27     rules of procedure and evidence adopted by the Utah Supreme Court upon a two-thirds vote of
28     all members of both houses of the Legislature:
29          Section 1. Rule 17.5, Utah Rules of Criminal Procedure is amended to read:
30          Rule 17.5. Hearings with contemporaneous transmission from a different
31     location.
32          (a) The court, in its discretion, may conduct the arraignment, bail hearing, [and/or] or
33     initial appearance with a defendant attending by contemporaneous transmission from a
34     different location without the agreement of the parties or waiver of the defendant's attendance
35     in person.
36          (b) For any other type of hearing, the court may conduct the hearing with a defendant
37     attending by contemporaneous transmission from a different location only if the parties agree
38     and the defendant knowingly and voluntarily waives attendance in person.
39          (c) [For] Except as provided in paragraph (d), for good cause and with appropriate
40     safeguards, the court may permit testimony in open court by contemporaneous transmission
41     from a different location if the party not calling the witness waives the right to confront the
42     witness in person.
43          (d) (1) For a hearing in a misdemeanor case, a forensic toxicologist may testify in open
44     court by contemporaneous transmission from a different location with the appropriate
45     safeguards described in Rule 43(b) of the Utah Rules of Civil Procedure, except that the court
46     may require the forensic toxicologist to testify in person upon a showing of good cause by a
47     party.
48          (d) (2) This paragraph (d) is repealed on January 1, Ĥ→ [2025] 2024 ←Ĥ .
49          [(d)] (e) Nothing in this rule precludes or affects the procedures in rule 15.5.
50          Section 2. Effective date.
51          This resolution takes effect upon approval by a constitutional two-thirds vote of all
52     members elected to each house.