Utah Code § 41-6a-531

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:
(ii) witness statements:
(iii) photographs and videotapes:
(iv) diagrams:
(v) field notes:
(vi) test results: and
(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.

Utah Code § 41-6a-531

Added by Chapter TBD, 2024 General Session ,§ 46, eff. 5/1/2024.