Representative Jordan D. Teuscher proposes the following substitute bill:


1     
DUE PROCESS AMENDMENTS

2     
2024 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Jordan D. Teuscher

5     
Senate Sponsor: Todd D. Weiler

6     

7     LONG TITLE
8     General Description:
9          This bill addresses due process in government proceedings, including disciplinary
10     proceedings in an institution of higher education.
11     Highlighted Provisions:
12          This bill:
13          ▸     defines terms;
14          ▸     enacts provisions related to disciplinary proceedings in institutions of higher
15     education, including:
16               •     requiring an institution of higher education to allow certain parties to have legal
17     representation at a disciplinary proceeding;
18               •     governing the exchange of evidence at a disciplinary proceeding;
19               •     prohibiting certain conflicts of interest in a disciplinary proceeding; and
20               •     authorizing a cause of action;
21          ▸     requires an institution to adopt policies and procedures consistent with the
22     provisions of this bill;
23          ▸     amends governmental immunity provisions; and
24          ▸     amends applicable governmental immunity provisions.
25     Money Appropriated in this Bill:

26          None
27     Other Special Clauses:
28          None
29     Utah Code Sections Affected:
30     AMENDS:
31          63G-7-301, as last amended by Laws of Utah 2023, Chapter 516
32          67-5-1, as last amended by Laws of Utah 2023, Chapter 330
33     ENACTS:
34          53B-27-601, Utah Code Annotated 1953
35          53B-27-602, Utah Code Annotated 1953
36          53B-27-603, Utah Code Annotated 1953
37          53B-27-604, Utah Code Annotated 1953
38          53B-27-605, Utah Code Annotated 1953
39          53B-27-606, Utah Code Annotated 1953
40          53B-27-607, Utah Code Annotated 1953
41          53B-27-608, Utah Code Annotated 1953
42          53B-27-609, Utah Code Annotated 1953
43     

44     Be it enacted by the Legislature of the state of Utah:
45          Section 1. Section 53B-27-601 is enacted to read:
46     
Part 6. Student Legal Representation

47          53B-27-601. Application.
48          The provisions of this part do not:
49          (1) govern campus law enforcement departments or law enforcement personnel; or
50          (2) otherwise replace or amend criminal procedures that govern law enforcement
51     activities.
52          Section 2. Section 53B-27-602 is enacted to read:
53          53B-27-602. Definitions.
54          As used in this part:
55          (1) "Academic dishonesty" means an act of dishonesty relating to a student's academic
56     work or performance.

57          (2) "Accused student" means an individual enrolled in an institution who has allegedly
58     violated a policy or rule.
59          (3) "Accused student organization" means a student organization, recognized by an
60     institution, that has allegedly violated a policy or rule.
61          (4) "Alleged victim" means an individual whose rights are allegedly infringed or who
62     is otherwise allegedly harmed by an accused student's or a student organization's violation of a
63     policy or rule.
64          (5) "Evidence" means information that is inculpatory or exculpatory as the information
65     relates to an accusation against an accused student or accused student organization, including:
66          (a) a complainant statement;
67          (b) a third-party witness statement;
68          (c) electronically stored information;
69          (d) a written communication;
70          (e) a post to social media; or
71          (f) demonstrative evidence.
72          (6) "Full participation" means the opportunity in a student or student organization
73     disciplinary proceeding to:
74          (a) make opening and closing statements;
75          (b) examine and cross-examine a witness;
76          (c) introduce relevant evidence; and
77          (d) provide support, guidance, or advice to an accused student, accused student
78     organization, or alleged victim.
79          (7) "Legal representation" means an attorney, who is licensed to practice law in this
80     state and whom:
81          (a) an accused student selects to assist the student in the student's disciplinary
82     proceeding;
83          (b) an alleged victim selects to assist the alleged victim at a proceeding that pertains to
84     the alleged victim; or
85          (c) an accused student organization selects to assist the student organization at a
86     student organization disciplinary proceeding.
87          (8) "Nonattorney advocate" means an individual, who is not licensed to practice law

88     and whom:
89          (a) an accused student selects to assist the student in the student's disciplinary
90     proceeding;
91          (b) an alleged victim selects to assist the alleged victim at a proceeding that pertains to
92     the alleged victim; or
93          (c) an accused student organization selects to assist the student organization at a
94     student organization disciplinary proceeding.
95          (9) "Policy or rule" means a policy or rule, or a relevant section of a policy or rule, of
96     an institution that, if violated, may result in:
97          (a) for a student, a suspension of 10 calendar days or more or expulsion from the
98     institution; or
99          (b) for a student organization, the suspension or the removal of institutional
100     recognition of the student organization.
101          (10) "Proceeding" means an adjudicatory hearing, including an appeal, in which
102     evidence is presented to a hearing officer or a hearing panel, and that is:
103          (a) required by a policy or rule; or
104          (b) held to determine whether a policy or rule has been violated.
105          (11) (a) "Student disciplinary proceeding" means a proceeding initiated by an
106     institution to determine whether an accused student has violated a policy or rule.
107          (b) "Student disciplinary proceeding" does not include a proceeding that solely
108     involves a student's academic dishonesty.
109          (12) "Student organization" means a club or other organization:
110          (a) that meets during noninstructional time;
111          (b) that is recognized by the institution at which the organization meets; and
112          (c) with a majority of members who are current students at the institution.
113          (13) (a) "Student organization disciplinary proceeding" means a proceeding initiated by
114     an institution to determine whether an accused student organization has violated a rule or
115     policy.
116          (b) "Student organization disciplinary proceeding" does not include a proceeding that
117     solely involves a student's academic dishonesty.
118          Section 3. Section 53B-27-603 is enacted to read:

119          53B-27-603. Student disciplinary proceedings -- Legal representation.
120          (1) An institution may not prohibit:
121          (a) an accused student from being represented, at the accused student's expense, by
122     legal representation or a nonattorney advocate at a student disciplinary proceeding that pertains
123     to the accused student; or
124          (b) an accused student's legal representation or nonattorney advocate from full
125     participation in a student disciplinary proceeding that pertains to the accused student.
126          (2) An institution may not prohibit:
127          (a) an alleged victim from being represented, at the alleged victim's expense, by legal
128     representation or a nonattorney advocate at a student disciplinary proceeding that pertains to
129     the alleged victim; or
130          (b) the alleged victim's legal representation or nonattorney advocate from full
131     participation in a student disciplinary proceeding that pertains to the alleged victim.
132          (3) (a) An institution shall provide an accused student described in Subsection (1) or an
133     alleged victim described in Subsection (2) written notice of the accused student's or alleged
134     victim's rights under this section.
135          (b) The institution shall ensure that the notice provided to an accused student under
136     Subsection (3)(a) notifies the accused student that:
137          (i) the accused student is entitled to a student disciplinary proceeding to contest the
138     charges against the accused student;
139          (ii) the accused student is entitled to a presumption of innocence; and
140          (iii) the presumption of innocence remains until:
141          (A) the accused student acknowledges responsibility for the alleged violation; or
142          (B) the institution has established every element of the alleged violation at a student
143     disciplinary proceeding.
144          (c) Unless exigent circumstances reasonably justify proceeding without providing
145     notice under Subsection (3)(a), an institution shall establish policies and procedures to ensure
146     that the institution provides written notice of the accused student's or alleged victim's rights as
147     soon as practicable but no later than seven days before a student disciplinary proceeding that
148     pertains to the accused student or alleged victim.
149          Section 4. Section 53B-27-604 is enacted to read:

150          53B-27-604. Student organization disciplinary proceedings -- Legal
151     representation.
152          (1) An institution may not prohibit:
153          (a) an accused student organization from being represented, at the accused student
154     organization's expense, by legal representation or a nonattorney advocate at a student
155     organization disciplinary proceeding that pertains to the accused student organization; or
156          (b) an accused student organization's legal representation or nonattorney advocate from
157     full participation in a student organization disciplinary proceeding that pertains to the accused
158     student organization.
159          (2) An institution may not prohibit:
160          (a) an alleged victim from being represented, at the alleged victim's expense, by legal
161     representation or a nonattorney advocate at a student organization disciplinary proceeding that
162     pertains to the alleged victim; or
163          (b) the alleged victim's legal representation or nonattorney advocate from full
164     participation in a student organization disciplinary proceeding that pertains to the alleged
165     victim.
166          (3) (a) An institution shall provide an accused student organization described in
167     Subsection (1) or an alleged victim described in Subsection (2) written notice of the accused
168     student organization's or alleged victim's rights under this section.
169          (b) The institution shall ensure that the notice provided to an accused student
170     organization under Subsection (3)(a) notifies the accused student organization that:
171          (i) the accused student organization is entitled to a student organization disciplinary
172     proceeding to contest the charges against the accused student organization;
173          (ii) the accused student organization is entitled to a presumption of innocence; and
174          (iii) the presumption of innocence remains until:
175          (A) the accused student organization acknowledges responsibility for the alleged
176     violation; or
177          (B) the institution has established every element of the alleged violation at a student
178     organization disciplinary proceeding.
179          (c) Unless exigent circumstances reasonably justify proceeding without providing
180     notice under Subsection (3)(a), an institution shall establish policies and procedures to ensure

181     that the institution provides written notice of the accused student organization's or alleged
182     victim's rights as soon as practicable but no later than seven days before a student organization
183     disciplinary proceeding that pertains to the accused student organization or alleged victim.
184          Section 5. Section 53B-27-605 is enacted to read:
185          53B-27-605. Exchange of evidence.
186          (1) (a) An institution shall ensure that an accused student, an alleged victim, or an
187     accused student organization has access to all material evidence that is in the institution's
188     possession, including both inculpatory and exculpatory evidence, unless the material is subject
189     to a legal privilege, no later than one week before the day on which a proceeding begins.
190          (b) Evidence that is an accused student's or an alleged victim's personal medical record,
191     mental health record, therapy note, or journal may not be used as evidence in a proceeding
192     unless the accused student or alleged victim consents to the use of the evidence in the
193     proceeding.
194          (c) Any evidence presented in a proceeding under this part is confidential and may not
195     be:
196          (i) used as evidence in a subsequent proceeding; or
197          (ii) used or disclosed to a third-party for any other purpose other than for the
198     proceeding.
199          (2) Nothing in this part:
200          (a) provides for formal or informal discovery beyond the exchange of evidence
201     described in Subsection (1); or
202          (b) incorporates or binds an institution to:
203          (i) the Utah Rules of Civil Procedure or the Utah Rules of Evidence; or
204          (ii) the Federal Rules of Civil Procedure or the Federal Rules of Evidence.
205          Section 6. Section 53B-27-606 is enacted to read:
206          53B-27-606. Conflict of interest.
207          (1) An institution shall conduct a student disciplinary proceeding or student
208     organization disciplinary proceeding in an impartial manner free from conflicts of interests.
209          (2) Except as provided in Subsection (3), in order to avoid conflicts of interest created
210     by a comingling of roles, an institution shall prohibit an individual employed by or otherwise
211     representing an institution from acting as an adjudicator, hearing officer, or appellate hearing

212     officer in a student disciplinary proceeding or student organization disciplinary proceeding if
213     the individual has also served in one of the following roles in the same matter:
214          (a) an advocate or counselor for an alleged victim, accused student, or accused student
215     organization;
216          (b) an investigator;
217          (c) an institutional prosecutor; or
218          (d) an advisor to a person described in Subsection (2)(a), (b), or (c).
219          (3) If an individual employed by the institution or otherwise representing the institution
220     serves as an investigator and an institutional prosecutor for the alleged violation of a policy or
221     rule, the institution shall advise an accused student, accused student organization, or alleged
222     victim before the investigation proceeding.
223          (4) An individual may not serve as an investigator or institutional prosecutor and an
224     advocate for an accused student, accused student organization, or alleged victim in the same
225     matter.
226          (5) In a proceeding conducted under this part, an institution shall allow an accused
227     student, accused student organization, or an alleged victim to raise objections to issues that
228     could potentially compromise the impartiality of the proceedings, including any potential
229     conflicts of interest in violation of this section.
230          Section 7. Section 53B-27-607 is enacted to read:
231          53B-27-607. Application -- Institution policies.
232          (1) This part does not prohibit an institution from temporarily suspending an accused
233     student or accused student organization pending the completion of a student or student
234     organization disciplinary proceeding.
235          (2) An institution shall:
236          (a) enact policies to govern proceedings in which a student has a right to an active legal
237     representation or a nonattorney advocate in accordance with this part;
238          (b) train adjudicators, hearing officers, and appellate hearing officers on relevant
239     evidence and nonrelevant, nonprobative evidence; and
240          (c) enact policies and procedures to notify a student of the student's right to bring a
241     cause of action in violation of this part to the attorney general's office.
242          (3) An institution may adopt a policy requiring a legal representation or nonattorney

243     advocate of an accused student, alleged victim, or accused student organization to submit
244     questions for an opposing party to the hearing officer.
245          Section 8. Section 53B-27-608 is enacted to read:
246          53B-27-608. Cause of action.
247          The attorney general may bring an action to enjoin a violation of this part, in a state
248     court of competent jurisdiction, against an institution or an institution's agent acting in the
249     agent's official capacity.
250          Section 9. Section 53B-27-609 is enacted to read:
251          53B-27-609. Statute of limitations.
252          (1) The attorney general may not bring an action under this part later than one year
253     after the day on which the cause of action accrues.
254          (2) The cause of action accrues on the day on which the student or student organization
255     receives final notice, from the institution, of sanction or discipline that violates an institution's
256     rule or policy.
257          Section 10. Section 63G-7-301 is amended to read:
258          63G-7-301. Waivers of immunity.
259          (1) (a) Immunity from suit of each governmental entity is waived as to any contractual
260     obligation.
261          (b) Actions arising out of contractual rights or obligations are not subject to the
262     requirements of Section 63G-7-401, 63G-7-402, 63G-7-403, or 63G-7-601.
263          (c) The Division of Water Resources is not liable for failure to deliver water from a
264     reservoir or associated facility authorized by Title 73, Chapter 26, Bear River Development
265     Act, if the failure to deliver the contractual amount of water is due to drought, other natural
266     condition, or safety condition that causes a deficiency in the amount of available water.
267          (2) Immunity from suit of each governmental entity is waived:
268          (a) as to any action brought to recover, obtain possession of, or quiet title to real or
269     personal property;
270          (b) as to any action brought to foreclose mortgages or other liens on real or personal
271     property, to determine any adverse claim on real or personal property, or to obtain an
272     adjudication about any mortgage or other lien that the governmental entity may have or claim
273     on real or personal property;

274          (c) as to any action based on the negligent destruction, damage, or loss of goods,
275     merchandise, or other property while it is in the possession of any governmental entity or
276     employee, if the property was seized for the purpose of forfeiture under any provision of state
277     law;
278          (d) subject to Section 63G-7-302, as to any action brought under the authority of Utah
279     Constitution, Article I, Section 22, for the recovery of compensation from the governmental
280     entity when the governmental entity has taken or damaged private property for public uses
281     without just compensation;
282          (e) as to any claim for attorney fees or costs under Section 63G-2-209, 63G-2-405, or
283     63G-2-802;
284          (f) for actual damages under Title 67, Chapter 21, Utah Protection of Public Employees
285     Act;
286          (g) as to any action brought to obtain relief from a land use regulation that imposes a
287     substantial burden on the free exercise of religion under Title 63L, Chapter 5, Utah Religious
288     Land Use Act;
289          (h) except as provided in Subsection 63G-7-201(3), as to any injury caused by:
290          (i) a defective, unsafe, or dangerous condition of any highway, road, street, alley,
291     crosswalk, sidewalk, culvert, tunnel, bridge, viaduct, or other structure located on them; or
292          (ii) any defective or dangerous condition of a public building, structure, dam, reservoir,
293     or other public improvement;
294          (i) subject to Subsections 63G-7-101(4) and 63G-7-201(4), as to any injury
295     proximately caused by a negligent act or omission of an employee committed within the scope
296     of employment;
297          (j) notwithstanding Subsection 63G-7-101(4), as to a claim for an injury resulting from
298     a sexual battery, as provided in Section 76-9-702.1, committed:
299          (i) against a student of a public elementary or secondary school, including a charter
300     school; and
301          (ii) by an employee of a public elementary or secondary school or charter school who:
302          (A) at the time of the sexual battery, held a position of special trust, as defined in
303     Section 76-5-404.1, with respect to the student;
304          (B) is criminally charged in connection with the sexual battery; and

305          (C) the public elementary or secondary school or charter school knew or in the exercise
306     of reasonable care should have known, at the time of the employee's hiring, to be a sex
307     offender, as defined in Section 77-41-102, required to register under Title 77, Chapter 41, Sex
308     and Kidnap Offender Registry, whose status as a sex offender would have been revealed in a
309     background check under Section 53G-11-402; [and]
310          (k) as to any action brought under Section 78B-6-2303[.]; and
311          (l) as to any action brought to obtain relief under Title 53B, Chapter 27, Part 6, Student
312     Legal Representation.
313          (3) (a) As used in this Subsection (3):
314          (i) "Code of conduct" means a code of conduct that:
315          (A) is not less stringent than a model code of conduct, created by the State Board of
316     Education, establishing a professional standard of care for preventing the conduct described in
317     Subsection (3)(a)(i)(D);
318          (B) is adopted by the applicable local education governing body;
319          (C) regulates behavior of a school employee toward a student; and
320          (D) includes a prohibition against any sexual conduct between an employee and a
321     student and against the employee and student sharing any sexually explicit or lewd
322     communication, image, or photograph.
323          (ii) "Local education agency" means:
324          (A) a school district;
325          (B) a charter school; or
326          (C) the Utah Schools for the Deaf and the Blind.
327          (iii) "Local education governing board" means:
328          (A) for a school district, the local school board;
329          (B) for a charter school, the charter school governing board; or
330          (C) for the Utah Schools for the Deaf and the Blind, the state board.
331          (iv) "Public school" means a public elementary or secondary school.
332          (v) "Sexual abuse" means the offense described in Subsection 76-5-404.1(2).
333          (vi) "Sexual battery" means the offense described in Section 76-9-702.1, considering
334     the term "child" in that section to include an individual under age 18.
335          (b) Notwithstanding Subsection 63G-7-101(4), immunity from suit is waived as to a

336     claim against a local education agency for an injury resulting from a sexual battery or sexual
337     abuse committed against a student of a public school by a paid employee of the public school
338     who is criminally charged in connection with the sexual battery or sexual abuse, unless:
339          (i) at the time of the sexual battery or sexual abuse, the public school was subject to a
340     code of conduct; and
341          (ii) before the sexual battery or sexual abuse occurred, the public school had:
342          (A) provided training on the code of conduct to the employee; and
343          (B) required the employee to sign a statement acknowledging that the employee has
344     read and understands the code of conduct.
345          (4) (a) As used in this Subsection (4):
346          (i) "Higher education institution" means an institution included within the state system
347     of higher education under Section 53B-1-102.
348          (ii) "Policy governing behavior" means a policy adopted by a higher education
349     institution or the Utah Board of Higher Education that:
350          (A) establishes a professional standard of care for preventing the conduct described in
351     Subsections (4)(a)(ii)(C) and (D);
352          (B) regulates behavior of a special trust employee toward a subordinate student;
353          (C) includes a prohibition against any sexual conduct between a special trust employee
354     and a subordinate student; and
355          (D) includes a prohibition against a special trust employee and subordinate student
356     sharing any sexually explicit or lewd communication, image, or photograph.
357          (iii) "Sexual battery" means the offense described in Section 76-9-702.1.
358          (iv) "Special trust employee" means an employee of a higher education institution who
359     is in a position of special trust, as defined in Section 76-5-404.1, with a higher education
360     student.
361          (v) "Subordinate student" means a student:
362          (A) of a higher education institution; and
363          (B) whose educational opportunities could be adversely impacted by a special trust
364     employee.
365          (b) Notwithstanding Subsection 63G-7-101(4), immunity from suit is waived as to a
366     claim for an injury resulting from a sexual battery committed against a subordinate student by a

367     special trust employee, unless:
368          (i) the institution proves that the special trust employee's behavior that otherwise would
369     constitute a sexual battery was:
370          (A) with a subordinate student who was at least 18 years old at the time of the
371     behavior; and
372          (B) with the student's consent; or
373          (ii) (A) at the time of the sexual battery, the higher education institution was subject to
374     a policy governing behavior; and
375          (B) before the sexual battery occurred, the higher education institution had taken steps
376     to implement and enforce the policy governing behavior.
377          (5) Notwithstanding Subsection 63G-7-101(4), immunity from suit is waived if:
378          (a) in response to a suit filed on or after May 1, 2024, by a government employee in the
379     government employee's personal capacity, the defendant files a suit or counterclaim against the
380     government employee:
381          (i) that arises out of the transaction or occurrence that is the subject matter of the
382     government employee's cause of action against the defendant; and
383          (ii) for which the government employee would be immune under this chapter if the
384     defendant had filed suit against the government employee without the government employee
385     first filing suit against the defendant; or
386          (b) in a suit filed on or after May 1, 2024, by a plaintiff against a government employee
387     asserting a cause of action for which the government employee is immune under this chapter,
388     the government employee files a suit or counterclaim against the plaintiff, in the government
389     employee's personal capacity, that arises out of the transaction or occurrence that is the subject
390     matter of the plaintiff's cause of action against the government employee.
391          Section 11. Section 67-5-1 is amended to read:
392          67-5-1. General duties.
393          (1) The attorney general shall:
394          (a) perform all duties in a manner consistent with the attorney-client relationship under
395     Section 67-5-17;
396          (b) except as provided in Sections 10-3-928 and 17-18a-403, attend the Supreme Court
397     and the Court of Appeals of this state, and all courts of the United States, and prosecute or

398     defend all causes to which the state or any officer, board, or commission of the state in an
399     official capacity is a party, and take charge, as attorney, of all civil legal matters in which the
400     state is interested;
401          (c) after judgment on any cause referred to in Subsection (1)(b), direct the issuance of
402     process as necessary to execute the judgment;
403          (d) account for, and pay over to the proper officer, all money that comes into the
404     attorney general's possession that belongs to the state;
405          (e) keep a file of all cases in which the attorney general is required to appear, including
406     any documents and papers showing the court in which the cases have been instituted and tried,
407     and whether they are civil or criminal, and:
408          (i) if civil, the nature of the demand, the stage of proceedings, and, when prosecuted to
409     judgment, a memorandum of the judgment and of any process issued if satisfied, and if not
410     satisfied, documentation of the return of the sheriff;
411          (ii) if criminal, the nature of the crime, the mode of prosecution, the stage of
412     proceedings, and, when prosecuted to sentence, a memorandum of the sentence and of the
413     execution, if the sentence has been executed, and, if not executed, the reason for the delay or
414     prevention; and
415          (iii) deliver this information to the attorney general's successor in office;
416          (f) exercise supervisory powers over the district and county attorneys of the state in all
417     matters pertaining to the duties of the district and county attorneys' offices, including the
418     authority described in Subsection (2);
419          (g) give the attorney general's opinion in writing and without fee, when required, upon
420     any question of law relating to the office of the requester:
421          (i) in accordance with Section 67-5-1.1, to the Legislature or either house;
422          (ii) to any state officer, board, or commission; and
423          (iii) to any county attorney or district attorney;
424          (h) when required by the public service or directed by the governor, assist any county,
425     district, or city attorney in the discharge of county, district, or city attorney's duties;
426          (i) purchase in the name of the state, under the direction of the state Board of
427     Examiners, any property offered for sale under execution issued upon judgments in favor of or
428     for the use of the state, and enter satisfaction in whole or in part of the judgments as the

429     consideration of the purchases;
430          (j) when the property of a judgment debtor in any judgment mentioned in Subsection
431     (1)(i) has been sold under a prior judgment, or is subject to any judgment, lien, or encumbrance
432     taking precedence of the judgment in favor of the state, redeem the property, under the
433     direction of the state Board of Examiners, from the prior judgment, lien, or encumbrance, and
434     pay all money necessary for the redemption, upon the order of the state Board of Examiners,
435     out of any money appropriated for these purposes;
436          (k) when in the attorney general's opinion it is necessary for the collection or
437     enforcement of any judgment, institute and prosecute on behalf of the state any action or
438     proceeding necessary to set aside and annul all conveyances fraudulently made by the judgment
439     debtors, and pay the cost necessary to the prosecution, when allowed by the state Board of
440     Examiners, out of any money not otherwise appropriated;
441          (l) discharge the duties of a member of all official boards of which the attorney general
442     is or may be made a member by the Utah Constitution or by the laws of the state, and other
443     duties prescribed by law;
444          (m) institute and prosecute proper proceedings in any court of the state or of the United
445     States to restrain and enjoin corporations organized under the laws of this or any other state or
446     territory from acting illegally or in excess of their corporate powers or contrary to public
447     policy, and in proper cases forfeit their corporate franchises, dissolve the corporations, and
448     wind up their affairs;
449          (n) institute investigations for the recovery of all real or personal property that may
450     have escheated or should escheat to the state, and for that purpose, subpoena any persons
451     before any of the district courts to answer inquiries and render accounts concerning any
452     property, examine all books and papers of any corporations, and when any real or personal
453     property is discovered that should escheat to the state, institute suit in the district court of the
454     county where the property is situated for its recovery, and escheat that property to the state;
455          (o) administer the Children's Justice Center as a program to be implemented in various
456     counties pursuant to Sections 67-5b-101 through 67-5b-107;
457          (p) assist the Constitutional Defense Council as provided in Title 63C, Chapter 4a,
458     Constitutional and Federalism Defense Act;
459          (q) pursue any appropriate legal action to implement the state's public lands policy

460     established in Section 63C-4a-103;
461          (r) investigate and prosecute violations of all applicable state laws relating to fraud in
462     connection with the state Medicaid program and any other medical assistance program
463     administered by the state, including violations of Title 26B, Chapter 3, Part 11, Utah False
464     Claims Act;
465          (s) investigate and prosecute complaints of abuse, neglect, or exploitation of patients:
466          (i) in health care facilities that receive payments under the state Medicaid program;
467          (ii) in board and care facilities, as defined in the federal Social Security Act, 42 U.S.C.
468     Sec. 1396b(q)(4)(B), regardless of the source of payment to the board and care facility; and
469          (iii) who are receiving medical assistance under the Medicaid program as defined in
470     Section 26B-3-101 in a noninstitutional or other setting;
471          (t) (i) report at least twice per year to the Legislative Management Committee on any
472     pending or anticipated lawsuits, other than eminent domain lawsuits, that might:
473          (A) cost the state more than $500,000; or
474          (B) require the state to take legally binding action that would cost more than $500,000
475     to implement; and
476          (ii) if the meeting is closed, include an estimate of the state's potential financial or
477     other legal exposure in that report;
478          (u) (i) submit a written report to the committees described in Subsection (1)(u)(ii) that
479     summarizes any lawsuit or decision in which a court or the Office of the Attorney General has
480     determined that a state statute is unconstitutional or unenforceable since the attorney general's
481     last report under this Subsection (1)(u), including any:
482          (A) settlements reached;
483          (B) consent decrees entered;
484          (C) judgments issued;
485          (D) preliminary injunctions issued;
486          (E) temporary restraining orders issued; or
487          (F) formal or informal policies of the Office of the Attorney General to not enforce a
488     law; and
489          (ii) at least 30 days before the Legislature's May and November interim meetings,
490     submit the report described in Subsection (1)(u)(i) to:

491          (A) the Legislative Management Committee;
492          (B) the Judiciary Interim Committee; and
493          (C) the Law Enforcement and Criminal Justice Interim Committee;
494          (v) if the attorney general operates the Office of the Attorney General or any portion of
495     the Office of the Attorney General as an internal service fund agency in accordance with
496     Section 67-5-4, submit to the rate committee established in Section 67-5-34:
497          (i) a proposed rate and fee schedule in accordance with Subsection 67-5-34(4); and
498          (ii) any other information or analysis requested by the rate committee;
499          (w) before the end of each calendar year, create an annual performance report for the
500     Office of the Attorney General and post the report on the attorney general's website;
501          (x) ensure that any training required under this chapter complies with Title 63G,
502     Chapter 22, State Training and Certification Requirements;
503          (y) notify the legislative general counsel in writing within three business days after the
504     day on which the attorney general is officially notified of a claim, regardless of whether the
505     claim is filed in state or federal court, that challenges:
506          (i) the constitutionality of a state statute;
507          (ii) the validity of legislation; or
508          (iii) any action of the Legislature; and
509          (z) (i) notwithstanding Title 63G, Chapter 6a, Utah Procurement Code, provide a
510     special advisor to the Office of the Governor and the Office of the Attorney General in matters
511     relating to Native American and tribal issues to:
512          (A) establish outreach to the tribes and affected counties and communities; and
513          (B) foster better relations and a cooperative framework; and
514          (ii) annually report to the Executive Offices and Criminal Justice Appropriations
515     Subcommittee regarding:
516          (A) the status of the work of the special advisor described in Subsection (1)(z)(i); and
517          (B) whether the need remains for the ongoing appropriation to fund the special advisor
518     described in Subsection (1)(z)(i)[.]; and
519          (aa) ensure compliance with Title 53B, Chapter 27, Part 6, Student Legal
520     Representation, by:
521          (i) establishing a process to track the number of complaints submitted by students;

522          (ii) pursuing civil action to enforce statutory protections; and
523          (iii) no later than November 1 each year, reporting to the Judiciary Interim Committee
524     regarding the attorney general's enforcement under this Subsection (1)(aa).
525          (2) (a) The attorney general may require a district attorney or county attorney of the
526     state to, upon request, report on the status of public business entrusted to the district or county
527     attorney's charge.
528          (b) The attorney general may review investigation results de novo and file criminal
529     charges, if warranted, in any case involving a first degree felony, if:
530          (i) a law enforcement agency submits investigation results to the county attorney or
531     district attorney of the jurisdiction where the incident occurred and the county attorney or
532     district attorney:
533          (A) declines to file criminal charges; or
534          (B) fails to screen the case for criminal charges within six months after the law
535     enforcement agency's submission of the investigation results; and
536          (ii) after consultation with the county attorney or district attorney of the jurisdiction
537     where the incident occurred, the attorney general reasonably believes action by the attorney
538     general would not interfere with an ongoing investigation or prosecution by the county attorney
539     or district attorney of the jurisdiction where the incident occurred.
540          (c) If the attorney general decides to conduct a review under Subsection (2)(b), the
541     district attorney, county attorney, and law enforcement agency shall, within 14 days after the
542     day on which the attorney general makes a request, provide the attorney general with:
543          (i) all information relating to the investigation, including all reports, witness lists,
544     witness statements, and other documents created or collected in relation to the investigation;
545          (ii) all recordings, photographs, and other physical or digital media created or collected
546     in relation to the investigation;
547          (iii) access to all evidence gathered or collected in relation to the investigation; and
548          (iv) the identification of, and access to, all officers or other persons who have
549     information relating to the investigation.
550          (d) If a district attorney, county attorney, or law enforcement agency fails to timely
551     comply with Subsection (2)(c), the attorney general may seek a court order compelling
552     compliance.

553          (e) If the attorney general seeks a court order under Subsection (2)(d), the court shall
554     grant the order unless the district attorney, county attorney, or law enforcement agency shows
555     good cause and a compelling interest for not complying with Subsection (2)(c).
556          Section 12. Effective date.
557          This bill takes effect on May 1, 2024.