Current through the 2024 Third Special Session
Section 41-6a-531 - Access to DUI investigative reports(1) As used in this section: (a) "Agent" means a person's attorney that has been formally engaged.(b) "DUI investigative report" means all materials that a peace officer gathers as part of investigating an offense described in Subsection 41-6a-501 including: (i) the identity of witnesses and, if known, contact information:(iii) photographs and videotapes:(vii) any Targeted Responsibility for Alcohol Connected Emergencies investigation report.(2)(a) Upon request, a law enforcement agency shall disclose an unredacted DUI investigative report to: (i) a person who suffers loss or injury related to the person's actions that gave rise to the investigation; or(ii) an agent, parent or legal guardian of the person described in Subsection (2)(a)(i).(b) A law enforcement agency responding to a request tinder Subsection (2)(a) may:(i) withhold a portion of the DUI investigative report if disclosure would materially prejudice an ongoing criminal investigation or criminal prosecution:(ii) redact or withhold any privileged information:(iii) redact an individual's phone number or address, if disclosure of the individual's phone number or address may endanger an individual's physical safety: or(iv) provide the DUI investigative report subject to an agreement that limits the recipient's use of the DUI investigative report to use solely for the purpose of pursuing a civil claim related to the incident.(3) A law enforcement agency may charge a reasonable fee to cover the cost incurred by disclosing a DUI investigative report in accordance with this section.Added by Chapter TBD, 2024 General Session ,§ 46, eff. 5/1/2024.