This document includes Senate 3rd Reading Floor Amendments incorporated into the bill on Fri, Mar 1, 2024 at 10:40 PM by lpoole.
Representative Keven J. Stratton proposes the following substitute bill:


1     
JAIL PHOTO AMENDMENTS

2     
2024 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Keven J. Stratton

5     
Senate Sponsor: Michael S. Kennedy

6     

7     LONG TITLE
8     General Description:
9          This bill modifies provisions relating to the disclosure of an image taken during the
10     process of booking an individual into jail.
11     Highlighted Provisions:
12          This bill:
13          ▸     permits an alleged victim of a crime, or their representative in certain cases, to view
14     a booking photo of a person who has been charged with a crime in relation to that
15     victim; and
16          ▸     modifies relevant provisions in the Government Records Management and Access
17     Act.
18     Money Appropriated in this Bill:
19          None
20     Other Special Clauses:
21          None
22     Utah Code Sections Affected:
23     AMENDS:
24          17-22-30, as last amended by Laws of Utah 2022, Chapter 415
25          63G-2-305, as last amended by Laws of Utah 2023, Chapters 1, 16, 205, and 329

26     

27     Be it enacted by the Legislature of the state of Utah:
28          Section 1. Section 17-22-30 is amended to read:
29          17-22-30. Prohibition on providing copy of booking photograph -- Statement
30     required -- Criminal liability for false statement -- Remedy for failure to remove or
31     delete.
32          (1) As used in this section:
33          (a) "Booking photograph" means a photograph or image of an individual that is
34     generated:
35          (i) for identification purposes; and
36          (ii) when the individual is booked into a county jail.
37          (b) "Publish-for-pay publication" or "publish-for-pay website" means a publication or
38     website that requires the payment of a fee or other consideration in order to remove or delete a
39     booking photograph from the publication or website.
40          (2) (a) A sheriff may not provide a copy of a booking photograph in any format to a
41     person requesting a copy of the booking photograph if:
42          [(a)] (i) the booking photograph will be placed in a publish-for-pay publication or
43     posted to a publish-for-pay website; or
44          [(b)] (ii) the booking photograph is a protected record under Subsection
45     63G-2-305(81).
46          (b) (i) A sheriff shall display a copy of a booking photograph to a person requesting to
47     view the booking photograph if the person making the request:
48          (A) (I) is an alleged victim of a crime that resulted in the creation of the booking
49     photograph; and
50          (II) Ŝ→ subject to Utah Rules of Evidence, Rule 617, ←Ŝ the prosecuting agency with
50a     jurisdiction consents; or
51          (B) if an alleged victim is deceased or incapacitated, is an immediate family member,
52     guardian, or conservator of an alleged victim of the crime that resulted in the creation of the
53     booking photograph.
54          (ii) A person entitled to view a booking photograph under Subsection (2)(b)(i) is not
55     permitted to:
56          (A) retain the booking photograph;

57          (B) make a copy, take a picture of, or otherwise reproduce the booking photograph; or
58          (C) disseminate or distribute the booking photograph.
59          (3) (a) A person who requests a copy of a booking photograph from a sheriff shall, at
60     the time of making the request, submit a statement signed by the person affirming that the
61     booking photograph will not be placed in a publish-for-pay publication or posted to a
62     publish-for-pay website.
63          (b) A person who submits a false statement under Subsection (3)(a) is subject to
64     criminal liability as provided in Section 76-8-504.
65          (4) (a) Except as provided in Subsection (5), a publish-for-pay publication or a
66     publish-for-pay website shall remove and destroy a booking photograph of an individual who
67     submits a request for removal and destruction within 30 calendar days after the day on which
68     the individual makes the request.
69          (b) A publish-for-pay publication or publish-for-pay website described in Subsection
70     (4)(a) may not condition removal or destruction of the booking photograph on the payment of a
71     fee in an amount greater than $50.
72          (c) If the publish-for-pay publication or publish-for-pay website described in
73     Subsection (4)(a) does not remove and destroy the booking photograph in accordance with
74     Subsection (4)(a), the publish-for-pay publication or publish-for-pay website is liable for:
75          (i) all costs, including reasonable attorney fees, resulting from any legal action the
76     individual brings in relation to the failure of the publish-for-pay publication or publish-for-pay
77     website to remove and destroy the booking photograph; and
78          (ii) a civil penalty of $50 per day for each day after the 30-day deadline described in
79     Subsection (4)(a) on which the booking photograph is visible or publicly accessible in the
80     publish-for-pay publication or on the publish-for-pay website.
81          (5) (a) A publish-for-pay publication or a publish-for-pay website shall remove and
82     destroy a booking photograph of an individual who submits a request for removal and
83     destruction within seven calendar days after the day on which the individual makes the request
84     if:
85          (i) the booking photograph relates to a criminal charge:
86          (A) on which the individual was acquitted or not prosecuted; or
87          (B) that was expunged, vacated, or pardoned; and

88          (ii) the individual submits, in relation to the request, evidence of a disposition
89     described in Subsection (5)(a)(i).
90          (b) If the publish-for-pay publication or publish-for-pay website described in
91     Subsection (5)(a) does not remove and destroy the booking photograph in accordance with
92     Subsection (5)(a), the publish-for-pay publication or publish-for-pay website is liable for:
93          (i) all costs, including reasonable attorney fees, resulting from any legal action that the
94     individual brings in relation to the failure of the publish-for-pay publication or publish-for-pay
95     website to remove and destroy the booking photograph; and
96          (ii) a civil penalty of $100 per day for each day after the seven-day deadline described
97     in Subsection (5)(a) on which the booking photograph is visible or publicly accessible in the
98     publish-for-pay publication or on the publish-for-pay website.
99          (c) An act of a publish-for-pay publication or publish-for-pay website described in
100     Subsection (5)(a) that seeks to condition removal or destruction of the booking photograph on
101     the payment of any fee or amount constitutes theft by extortion under Section 76-6-406.
102          Section 2. Section 63G-2-305 is amended to read:
103          63G-2-305. Protected records.
104          The following records are protected if properly classified by a governmental entity:
105          (1) trade secrets as defined in Section 13-24-2 if the person submitting the trade secret
106     has provided the governmental entity with the information specified in Section 63G-2-309;
107          (2) commercial information or nonindividual financial information obtained from a
108     person if:
109          (a) disclosure of the information could reasonably be expected to result in unfair
110     competitive injury to the person submitting the information or would impair the ability of the
111     governmental entity to obtain necessary information in the future;
112          (b) the person submitting the information has a greater interest in prohibiting access
113     than the public in obtaining access; and
114          (c) the person submitting the information has provided the governmental entity with
115     the information specified in Section 63G-2-309;
116          (3) commercial or financial information acquired or prepared by a governmental entity
117     to the extent that disclosure would lead to financial speculations in currencies, securities, or
118     commodities that will interfere with a planned transaction by the governmental entity or cause

119     substantial financial injury to the governmental entity or state economy;
120          (4) records, the disclosure of which could cause commercial injury to, or confer a
121     competitive advantage upon a potential or actual competitor of, a commercial project entity as
122     defined in Subsection 11-13-103(4);
123          (5) test questions and answers to be used in future license, certification, registration,
124     employment, or academic examinations;
125          (6) records, the disclosure of which would impair governmental procurement
126     proceedings or give an unfair advantage to any person proposing to enter into a contract or
127     agreement with a governmental entity, except, subject to Subsections (1) and (2), that this
128     Subsection (6) does not restrict the right of a person to have access to, after the contract or
129     grant has been awarded and signed by all parties:
130          (a) a bid, proposal, application, or other information submitted to or by a governmental
131     entity in response to:
132          (i) an invitation for bids;
133          (ii) a request for proposals;
134          (iii) a request for quotes;
135          (iv) a grant; or
136          (v) other similar document; or
137          (b) an unsolicited proposal, as defined in Section 63G-6a-712;
138          (7) information submitted to or by a governmental entity in response to a request for
139     information, except, subject to Subsections (1) and (2), that this Subsection (7) does not restrict
140     the right of a person to have access to the information, after:
141          (a) a contract directly relating to the subject of the request for information has been
142     awarded and signed by all parties; or
143          (b) (i) a final determination is made not to enter into a contract that relates to the
144     subject of the request for information; and
145          (ii) at least two years have passed after the day on which the request for information is
146     issued;
147          (8) records that would identify real property or the appraisal or estimated value of real
148     or personal property, including intellectual property, under consideration for public acquisition
149     before any rights to the property are acquired unless:

150          (a) public interest in obtaining access to the information is greater than or equal to the
151     governmental entity's need to acquire the property on the best terms possible;
152          (b) the information has already been disclosed to persons not employed by or under a
153     duty of confidentiality to the entity;
154          (c) in the case of records that would identify property, potential sellers of the described
155     property have already learned of the governmental entity's plans to acquire the property;
156          (d) in the case of records that would identify the appraisal or estimated value of
157     property, the potential sellers have already learned of the governmental entity's estimated value
158     of the property; or
159          (e) the property under consideration for public acquisition is a single family residence
160     and the governmental entity seeking to acquire the property has initiated negotiations to acquire
161     the property as required under Section 78B-6-505;
162          (9) records prepared in contemplation of sale, exchange, lease, rental, or other
163     compensated transaction of real or personal property including intellectual property, which, if
164     disclosed prior to completion of the transaction, would reveal the appraisal or estimated value
165     of the subject property, unless:
166          (a) the public interest in access is greater than or equal to the interests in restricting
167     access, including the governmental entity's interest in maximizing the financial benefit of the
168     transaction; or
169          (b) when prepared by or on behalf of a governmental entity, appraisals or estimates of
170     the value of the subject property have already been disclosed to persons not employed by or
171     under a duty of confidentiality to the entity;
172          (10) records created or maintained for civil, criminal, or administrative enforcement
173     purposes or audit purposes, or for discipline, licensing, certification, or registration purposes, if
174     release of the records:
175          (a) reasonably could be expected to interfere with investigations undertaken for
176     enforcement, discipline, licensing, certification, or registration purposes;
177          (b) reasonably could be expected to interfere with audits, disciplinary, or enforcement
178     proceedings;
179          (c) would create a danger of depriving a person of a right to a fair trial or impartial
180     hearing;

181          (d) reasonably could be expected to disclose the identity of a source who is not
182     generally known outside of government and, in the case of a record compiled in the course of
183     an investigation, disclose information furnished by a source not generally known outside of
184     government if disclosure would compromise the source; or
185          (e) reasonably could be expected to disclose investigative or audit techniques,
186     procedures, policies, or orders not generally known outside of government if disclosure would
187     interfere with enforcement or audit efforts;
188          (11) records the disclosure of which would jeopardize the life or safety of an
189     individual;
190          (12) records the disclosure of which would jeopardize the security of governmental
191     property, governmental programs, or governmental recordkeeping systems from damage, theft,
192     or other appropriation or use contrary to law or public policy;
193          (13) records that, if disclosed, would jeopardize the security or safety of a correctional
194     facility, or records relating to incarceration, treatment, probation, or parole, that would interfere
195     with the control and supervision of an offender's incarceration, treatment, probation, or parole;
196          (14) records that, if disclosed, would reveal recommendations made to the Board of
197     Pardons and Parole by an employee of or contractor for the Department of Corrections, the
198     Board of Pardons and Parole, or the Department of Health and Human Services that are based
199     on the employee's or contractor's supervision, diagnosis, or treatment of any person within the
200     board's jurisdiction;
201          (15) records and audit workpapers that identify audit, collection, and operational
202     procedures and methods used by the State Tax Commission, if disclosure would interfere with
203     audits or collections;
204          (16) records of a governmental audit agency relating to an ongoing or planned audit
205     until the final audit is released;
206          (17) records that are subject to the attorney client privilege;
207          (18) records prepared for or by an attorney, consultant, surety, indemnitor, insurer,
208     employee, or agent of a governmental entity for, or in anticipation of, litigation or a judicial,
209     quasi-judicial, or administrative proceeding;
210          (19) (a) (i) personal files of a state legislator, including personal correspondence to or
211     from a member of the Legislature; and

212          (ii) notwithstanding Subsection (19)(a)(i), correspondence that gives notice of
213     legislative action or policy may not be classified as protected under this section; and
214          (b) (i) an internal communication that is part of the deliberative process in connection
215     with the preparation of legislation between:
216          (A) members of a legislative body;
217          (B) a member of a legislative body and a member of the legislative body's staff; or
218          (C) members of a legislative body's staff; and
219          (ii) notwithstanding Subsection (19)(b)(i), a communication that gives notice of
220     legislative action or policy may not be classified as protected under this section;
221          (20) (a) records in the custody or control of the Office of Legislative Research and
222     General Counsel, that, if disclosed, would reveal a particular legislator's contemplated
223     legislation or contemplated course of action before the legislator has elected to support the
224     legislation or course of action, or made the legislation or course of action public; and
225          (b) notwithstanding Subsection (20)(a), the form to request legislation submitted to the
226     Office of Legislative Research and General Counsel is a public document unless a legislator
227     asks that the records requesting the legislation be maintained as protected records until such
228     time as the legislator elects to make the legislation or course of action public;
229          (21) research requests from legislators to the Office of Legislative Research and
230     General Counsel or the Office of the Legislative Fiscal Analyst and research findings prepared
231     in response to these requests;
232          (22) drafts, unless otherwise classified as public;
233          (23) records concerning a governmental entity's strategy about:
234          (a) collective bargaining; or
235          (b) imminent or pending litigation;
236          (24) records of investigations of loss occurrences and analyses of loss occurrences that
237     may be covered by the Risk Management Fund, the Employers' Reinsurance Fund, the
238     Uninsured Employers' Fund, or similar divisions in other governmental entities;
239          (25) records, other than personnel evaluations, that contain a personal recommendation
240     concerning an individual if disclosure would constitute a clearly unwarranted invasion of
241     personal privacy, or disclosure is not in the public interest;
242          (26) records that reveal the location of historic, prehistoric, paleontological, or

243     biological resources that if known would jeopardize the security of those resources or of
244     valuable historic, scientific, educational, or cultural information;
245          (27) records of independent state agencies if the disclosure of the records would
246     conflict with the fiduciary obligations of the agency;
247          (28) records of an institution within the state system of higher education defined in
248     Section 53B-1-102 regarding tenure evaluations, appointments, applications for admissions,
249     retention decisions, and promotions, which could be properly discussed in a meeting closed in
250     accordance with Title 52, Chapter 4, Open and Public Meetings Act, provided that records of
251     the final decisions about tenure, appointments, retention, promotions, or those students
252     admitted, may not be classified as protected under this section;
253          (29) records of the governor's office, including budget recommendations, legislative
254     proposals, and policy statements, that if disclosed would reveal the governor's contemplated
255     policies or contemplated courses of action before the governor has implemented or rejected
256     those policies or courses of action or made them public;
257          (30) records of the Office of the Legislative Fiscal Analyst relating to budget analysis,
258     revenue estimates, and fiscal notes of proposed legislation before issuance of the final
259     recommendations in these areas;
260          (31) records provided by the United States or by a government entity outside the state
261     that are given to the governmental entity with a requirement that they be managed as protected
262     records if the providing entity certifies that the record would not be subject to public disclosure
263     if retained by it;
264          (32) transcripts, minutes, recordings, or reports of the closed portion of a meeting of a
265     public body except as provided in Section 52-4-206;
266          (33) records that would reveal the contents of settlement negotiations but not including
267     final settlements or empirical data to the extent that they are not otherwise exempt from
268     disclosure;
269          (34) memoranda prepared by staff and used in the decision-making process by an
270     administrative law judge, a member of the Board of Pardons and Parole, or a member of any
271     other body charged by law with performing a quasi-judicial function;
272          (35) records that would reveal negotiations regarding assistance or incentives offered
273     by or requested from a governmental entity for the purpose of encouraging a person to expand

274     or locate a business in Utah, but only if disclosure would result in actual economic harm to the
275     person or place the governmental entity at a competitive disadvantage, but this section may not
276     be used to restrict access to a record evidencing a final contract;
277          (36) materials to which access must be limited for purposes of securing or maintaining
278     the governmental entity's proprietary protection of intellectual property rights including patents,
279     copyrights, and trade secrets;
280          (37) the name of a donor or a prospective donor to a governmental entity, including an
281     institution within the state system of higher education defined in Section 53B-1-102, and other
282     information concerning the donation that could reasonably be expected to reveal the identity of
283     the donor, provided that:
284          (a) the donor requests anonymity in writing;
285          (b) any terms, conditions, restrictions, or privileges relating to the donation may not be
286     classified protected by the governmental entity under this Subsection (37); and
287          (c) except for an institution within the state system of higher education defined in
288     Section 53B-1-102, the governmental unit to which the donation is made is primarily engaged
289     in educational, charitable, or artistic endeavors, and has no regulatory or legislative authority
290     over the donor, a member of the donor's immediate family, or any entity owned or controlled
291     by the donor or the donor's immediate family;
292          (38) accident reports, except as provided in Sections 41-6a-404, 41-12a-202, and
293     73-18-13;
294          (39) a notification of workers' compensation insurance coverage described in Section
295     34A-2-205;
296          (40) (a) the following records of an institution within the state system of higher
297     education defined in Section 53B-1-102, which have been developed, discovered, disclosed to,
298     or received by or on behalf of faculty, staff, employees, or students of the institution:
299          (i) unpublished lecture notes;
300          (ii) unpublished notes, data, and information:
301          (A) relating to research; and
302          (B) of:
303          (I) the institution within the state system of higher education defined in Section
304     53B-1-102; or

305          (II) a sponsor of sponsored research;
306          (iii) unpublished manuscripts;
307          (iv) creative works in process;
308          (v) scholarly correspondence; and
309          (vi) confidential information contained in research proposals;
310          (b) Subsection (40)(a) may not be construed to prohibit disclosure of public
311     information required pursuant to Subsection 53B-16-302(2)(a) or (b); and
312          (c) Subsection (40)(a) may not be construed to affect the ownership of a record;
313          (41) (a) records in the custody or control of the Office of the Legislative Auditor
314     General that would reveal the name of a particular legislator who requests a legislative audit
315     prior to the date that audit is completed and made public; and
316          (b) notwithstanding Subsection (41)(a), a request for a legislative audit submitted to the
317     Office of the Legislative Auditor General is a public document unless the legislator asks that
318     the records in the custody or control of the Office of the Legislative Auditor General that would
319     reveal the name of a particular legislator who requests a legislative audit be maintained as
320     protected records until the audit is completed and made public;
321          (42) records that provide detail as to the location of an explosive, including a map or
322     other document that indicates the location of:
323          (a) a production facility; or
324          (b) a magazine;
325          (43) information contained in the statewide database of the Division of Aging and
326     Adult Services created by Section 26B-6-210;
327          (44) information contained in the Licensing Information System described in Title 80,
328     Chapter 2, Child Welfare Services;
329          (45) information regarding National Guard operations or activities in support of the
330     National Guard's federal mission;
331          (46) records provided by any pawn or secondhand business to a law enforcement
332     agency or to the central database in compliance with Title 13, Chapter 32a, Pawnshop,
333     Secondhand Merchandise, and Catalytic Converter Transaction Information Act;
334          (47) information regarding food security, risk, and vulnerability assessments performed
335     by the Department of Agriculture and Food;

336          (48) except to the extent that the record is exempt from this chapter pursuant to Section
337     63G-2-106, records related to an emergency plan or program, a copy of which is provided to or
338     prepared or maintained by the Division of Emergency Management, and the disclosure of
339     which would jeopardize:
340          (a) the safety of the general public; or
341          (b) the security of:
342          (i) governmental property;
343          (ii) governmental programs; or
344          (iii) the property of a private person who provides the Division of Emergency
345     Management information;
346          (49) records of the Department of Agriculture and Food that provides for the
347     identification, tracing, or control of livestock diseases, including any program established under
348     Title 4, Chapter 24, Utah Livestock Brand and Anti-Theft Act, or Title 4, Chapter 31, Control
349     of Animal Disease;
350          (50) as provided in Section 26B-2-408:
351          (a) information or records held by the Department of Health and Human Services
352     related to a complaint regarding a child care program or residential child care which the
353     department is unable to substantiate; and
354          (b) information or records related to a complaint received by the Department of Health
355     and Human Services from an anonymous complainant regarding a child care program or
356     residential child care;
357          (51) unless otherwise classified as public under Section 63G-2-301 and except as
358     provided under Section 41-1a-116, an individual's home address, home telephone number, or
359     personal mobile phone number, if:
360          (a) the individual is required to provide the information in order to comply with a law,
361     ordinance, rule, or order of a government entity; and
362          (b) the subject of the record has a reasonable expectation that this information will be
363     kept confidential due to:
364          (i) the nature of the law, ordinance, rule, or order; and
365          (ii) the individual complying with the law, ordinance, rule, or order;
366          (52) the portion of the following documents that contains a candidate's residential or

367     mailing address, if the candidate provides to the filing officer another address or phone number
368     where the candidate may be contacted:
369          (a) a declaration of candidacy, a nomination petition, or a certificate of nomination,
370     described in Section 20A-9-201, 20A-9-202, 20A-9-203, 20A-9-404, 20A-9-405, 20A-9-408,
371     20A-9-408.5, 20A-9-502, or 20A-9-601;
372          (b) an affidavit of impecuniosity, described in Section 20A-9-201; or
373          (c) a notice of intent to gather signatures for candidacy, described in Section
374     20A-9-408;
375          (53) the name, home address, work addresses, and telephone numbers of an individual
376     that is engaged in, or that provides goods or services for, medical or scientific research that is:
377          (a) conducted within the state system of higher education, as defined in Section
378     53B-1-102; and
379          (b) conducted using animals;
380          (54) in accordance with Section 78A-12-203, any record of the Judicial Performance
381     Evaluation Commission concerning an individual commissioner's vote, in relation to whether a
382     judge meets or exceeds minimum performance standards under Subsection 78A-12-203(4), and
383     information disclosed under Subsection 78A-12-203(5)(e);
384          (55) information collected and a report prepared by the Judicial Performance
385     Evaluation Commission concerning a judge, unless Section 20A-7-702 or Title 78A, Chapter
386     12, Judicial Performance Evaluation Commission Act, requires disclosure of, or makes public,
387     the information or report;
388          (56) records provided or received by the Public Lands Policy Coordinating Office in
389     furtherance of any contract or other agreement made in accordance with Section 63L-11-202;
390          (57) information requested by and provided to the 911 Division under Section
391     63H-7a-302;
392          (58) in accordance with Section 73-10-33:
393          (a) a management plan for a water conveyance facility in the possession of the Division
394     of Water Resources or the Board of Water Resources; or
395          (b) an outline of an emergency response plan in possession of the state or a county or
396     municipality;
397          (59) the following records in the custody or control of the Office of Inspector General

398     of Medicaid Services, created in Section 63A-13-201:
399          (a) records that would disclose information relating to allegations of personal
400     misconduct, gross mismanagement, or illegal activity of a person if the information or
401     allegation cannot be corroborated by the Office of Inspector General of Medicaid Services
402     through other documents or evidence, and the records relating to the allegation are not relied
403     upon by the Office of Inspector General of Medicaid Services in preparing a final investigation
404     report or final audit report;
405          (b) records and audit workpapers to the extent they would disclose the identity of a
406     person who, during the course of an investigation or audit, communicated the existence of any
407     Medicaid fraud, waste, or abuse, or a violation or suspected violation of a law, rule, or
408     regulation adopted under the laws of this state, a political subdivision of the state, or any
409     recognized entity of the United States, if the information was disclosed on the condition that
410     the identity of the person be protected;
411          (c) before the time that an investigation or audit is completed and the final
412     investigation or final audit report is released, records or drafts circulated to a person who is not
413     an employee or head of a governmental entity for the person's response or information;
414          (d) records that would disclose an outline or part of any investigation, audit survey
415     plan, or audit program; or
416          (e) requests for an investigation or audit, if disclosure would risk circumvention of an
417     investigation or audit;
418          (60) records that reveal methods used by the Office of Inspector General of Medicaid
419     Services, the fraud unit, or the Department of Health and Human Services, to discover
420     Medicaid fraud, waste, or abuse;
421          (61) information provided to the Department of Health and Human Services or the
422     Division of Professional Licensing under Subsections 58-67-304(3) and (4) and Subsections
423     58-68-304(3) and (4);
424          (62) a record described in Section 63G-12-210;
425          (63) captured plate data that is obtained through an automatic license plate reader
426     system used by a governmental entity as authorized in Section 41-6a-2003;
427          (64) any record in the custody of the Utah Office for Victims of Crime relating to a
428     victim, including:

429          (a) a victim's application or request for benefits;
430          (b) a victim's receipt or denial of benefits; and
431          (c) any administrative notes or records made or created for the purpose of, or used to,
432     evaluate or communicate a victim's eligibility for or denial of benefits from the Crime Victim
433     Reparations Fund;
434          (65) an audio or video recording created by a body-worn camera, as that term is
435     defined in Section 77-7a-103, that records sound or images inside a hospital or health care
436     facility as those terms are defined in Section 78B-3-403, inside a clinic of a health care
437     provider, as that term is defined in Section 78B-3-403, or inside a human service program as
438     that term is defined in Section 26B-2-101, except for recordings that:
439          (a) depict the commission of an alleged crime;
440          (b) record any encounter between a law enforcement officer and a person that results in
441     death or bodily injury, or includes an instance when an officer fires a weapon;
442          (c) record any encounter that is the subject of a complaint or a legal proceeding against
443     a law enforcement officer or law enforcement agency;
444          (d) contain an officer involved critical incident as defined in Subsection
445     76-2-408(1)(f); or
446          (e) have been requested for reclassification as a public record by a subject or
447     authorized agent of a subject featured in the recording;
448          (66) a record pertaining to the search process for a president of an institution of higher
449     education described in Section 53B-2-102, except for application materials for a publicly
450     announced finalist;
451          (67) an audio recording that is:
452          (a) produced by an audio recording device that is used in conjunction with a device or
453     piece of equipment designed or intended for resuscitating an individual or for treating an
454     individual with a life-threatening condition;
455          (b) produced during an emergency event when an individual employed to provide law
456     enforcement, fire protection, paramedic, emergency medical, or other first responder service:
457          (i) is responding to an individual needing resuscitation or with a life-threatening
458     condition; and
459          (ii) uses a device or piece of equipment designed or intended for resuscitating an

460     individual or for treating an individual with a life-threatening condition; and
461          (c) intended and used for purposes of training emergency responders how to improve
462     their response to an emergency situation;
463          (68) records submitted by or prepared in relation to an applicant seeking a
464     recommendation by the Research and General Counsel Subcommittee, the Budget
465     Subcommittee, or the Audit Subcommittee, established under Section 36-12-8, for an
466     employment position with the Legislature;
467          (69) work papers as defined in Section 31A-2-204;
468          (70) a record made available to Adult Protective Services or a law enforcement agency
469     under Section 61-1-206;
470          (71) a record submitted to the Insurance Department in accordance with Section
471     31A-37-201;
472          (72) a record described in Section 31A-37-503;
473          (73) any record created by the Division of Professional Licensing as a result of
474     Subsection 58-37f-304(5) or 58-37f-702(2)(a)(ii);
475          (74) a record described in Section 72-16-306 that relates to the reporting of an injury
476     involving an amusement ride;
477          (75) except as provided in Subsection 63G-2-305.5(1), the signature of an individual
478     on a political petition, or on a request to withdraw a signature from a political petition,
479     including a petition or request described in the following titles:
480          (a) Title 10, Utah Municipal Code;
481          (b) Title 17, Counties;
482          (c) Title 17B, Limited Purpose Local Government Entities - Special Districts;
483          (d) Title 17D, Limited Purpose Local Government Entities - Other Entities; and
484          (e) Title 20A, Election Code;
485          (76) except as provided in Subsection 63G-2-305.5(2), the signature of an individual in
486     a voter registration record;
487          (77) except as provided in Subsection 63G-2-305.5(3), any signature, other than a
488     signature described in Subsection (75) or (76), in the custody of the lieutenant governor or a
489     local political subdivision collected or held under, or in relation to, Title 20A, Election Code;
490          (78) a Form I-918 Supplement B certification as described in Title 77, Chapter 38, Part

491     5, Victims Guidelines for Prosecutors Act;
492          (79) a record submitted to the Insurance Department under Section 31A-48-103;
493          (80) personal information, as defined in Section 63G-26-102, to the extent disclosure is
494     prohibited under Section 63G-26-103;
495          (81) an image taken of an individual during the process of booking the individual into
496     jail, unless:
497          (a) the individual is convicted of a criminal offense based upon the conduct for which
498     the individual was incarcerated at the time the image was taken;
499          (b) a law enforcement agency releases or disseminates the image:
500          (i) after determining that the individual is a fugitive or an imminent threat to an
501     individual or to public safety and releasing or disseminating the image will assist in
502     apprehending the individual or reducing or eliminating the threat; or
503          (ii) to a potential witness or other individual with direct knowledge of events relevant
504     to a criminal investigation or criminal proceeding for the purpose of identifying or locating an
505     individual in connection with the criminal investigation or criminal proceeding; [or]
506          (c) a judge orders the release or dissemination of the image based on a finding that the
507     release or dissemination is in furtherance of a legitimate law enforcement interest; or
508          (d) the image is displayed to a person who is permitted to view the image under
509     Section 17-22-30.
510          (82) a record:
511          (a) concerning an interstate claim to the use of waters in the Colorado River system;
512          (b) relating to a judicial proceeding, administrative proceeding, or negotiation with a
513     representative from another state or the federal government as provided in Section
514     63M-14-205; and
515          (c) the disclosure of which would:
516          (i) reveal a legal strategy relating to the state's claim to the use of the water in the
517     Colorado River system;
518          (ii) harm the ability of the Colorado River Authority of Utah or river commissioner to
519     negotiate the best terms and conditions regarding the use of water in the Colorado River
520     system; or
521          (iii) give an advantage to another state or to the federal government in negotiations

522     regarding the use of water in the Colorado River system;
523          (83) any part of an application described in Section 63N-16-201 that the Governor's
524     Office of Economic Opportunity determines is nonpublic, confidential information that if
525     disclosed would result in actual economic harm to the applicant, but this Subsection (83) may
526     not be used to restrict access to a record evidencing a final contract or approval decision;
527          (84) the following records of a drinking water or wastewater facility:
528          (a) an engineering or architectural drawing of the drinking water or wastewater facility;
529     and
530          (b) except as provided in Section 63G-2-106, a record detailing tools or processes the
531     drinking water or wastewater facility uses to secure, or prohibit access to, the records described
532     in Subsection (84)(a);
533          (85) a statement that an employee of a governmental entity provides to the
534     governmental entity as part of the governmental entity's personnel or administrative
535     investigation into potential misconduct involving the employee if the governmental entity:
536          (a) requires the statement under threat of employment disciplinary action, including
537     possible termination of employment, for the employee's refusal to provide the statement; and
538          (b) provides the employee assurance that the statement cannot be used against the
539     employee in any criminal proceeding;
540          (86) any part of an application for a Utah Fits All Scholarship account described in
541     Section 53F-6-402 or other information identifying a scholarship student as defined in Section
542     53F-6-401; and
543          (87) a record:
544          (a) concerning a claim to the use of waters in the Great Salt Lake;
545          (b) relating to a judicial proceeding, administrative proceeding, or negotiation with a
546     person concerning the claim, including a representative from another state or the federal
547     government; and
548          (c) the disclosure of which would:
549          (i) reveal a legal strategy relating to the state's claim to the use of the water in the Great
550     Salt Lake;
551          (ii) harm the ability of the Great Salt Lake commissioner to negotiate the best terms
552     and conditions regarding the use of water in the Great Salt Lake; or

553          (iii) give an advantage to another person including another state or to the federal
554     government in negotiations regarding the use of water in the Great Salt Lake.
555          Section 3. Effective date.
556          This bill takes effect on May 1, 2024.