Bill > SB0290

This bill establishes new rules for handling "nonpublic victim or witness data," which is defined as electronic information provided by or obtained from a victim or witness that is not considered "electronic evidence" (meaning it's not directly relevant to the case and required to be disclosed under court rules) and that a reasonable person would expect to be private. The bill aims to protect this sensitive information while still allowing defendants' attorneys to access it when necessary for their defense. Key provisions include requiring law enforcement and prosecuting attorneys to make reasonable efforts to separate electronic evidence from nonpublic data, and to work towards implementing a secure online platform called a "virtual room" for attorneys to review this private data without making copies. While defendants' attorneys can request access to nonpublic data, they are generally prohibited from copying or duplicating it during viewing, though they can request copies if they believe the data is electronic evidence. The bill also clarifies that defendants representing themselves ("pro se defendants") cannot directly access this data and may have an attorney appointed specifically to review it for them. Importantly, the bill emphasizes that these provisions do not limit a defendant's constitutional rights and outlines specific procedures and considerations for courts when deciding whether to grant a defendant's attorney access to copies of nonpublic data, balancing the need for a fair defense with the privacy rights of victims and witnesses.

Business and Industry, Justice

https://le.utah.gov/~2026/bills/static/SB0290.html