UtahS.B. 2902026 General SessionSenate

Victim and Witness Privacy Amendments

Sponsored By: Heidi Balderree (Republican)

Signed by Governor

Electronic PrivacyTechnologyCriminal ProcedureJudicial OperationsVictims

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Bill Overview

Analyzed Economic Effects

3 provisions identified: 1 benefits, 0 costs, 2 mixed.

Court-paid lawyers but limits for self-represented defendants

Beginning May 6, 2026, self-represented criminal defendants cannot personally access, view, search, or copy private victim or witness data. This includes defendants who have not yet hired a lawyer. When a defendant seeks access, the judge must appoint a lawyer if a search is necessary for a fair proceeding. The judge can act on the defendant’s request or the court’s own motion. The lawyer’s role is limited to searching for required electronic evidence or obtaining copies of that evidence. Appointment does not make the lawyer responsible for the whole case. The lawyer is paid under Utah’s Indigent Defense Act, even when the defendant does not qualify for that act’s assistance.

Defendants get notices about investigated devices

Beginning May 6, 2026, prosecutors must disclose required electronic evidence under Utah’s criminal court rules. When they disclose it, they must identify each device law enforcement received, searched, or downloaded during the charged-offense investigation. The notice must state whether electronic evidence came from each device and where the device came from.

Victim privacy protections limit defense access

Beginning May 6, 2026, Utah protects private victim and witness data that is not evidence required for disclosure. The data must be nonpublic and carry a reasonable expectation of privacy. Agencies must use it only for legitimate law enforcement or prosecution purposes and keep it in a controlled setting. They must reasonably collect required electronic evidence and make reasonable efforts to separate it from private data. Agencies must work toward secure online review rooms that block copying, with access efforts required when technically and operationally feasible. Prosecutors generally cannot disclose intimate images in private data, though that presumption can be overcome. Private data stays under agency or court control, except through the law’s allowed access procedures. Defense lawyers can request protected copies or review data online or at the holding facility, with reasonable accommodations. Review alone does not allow copying, but lawyers can request copies of portions they identify as required electronic evidence. Lawyers can also ask a judge to allow viewing or copying for good cause. The judge weighs defense needs, review burdens, constitutional rights, privacy, and other relevant factors. Copies require a protective order governing use, sharing, and disposal; court-ordered copies also have limits on copies, viewers, and storage. Data outside law enforcement or prosecuting agencies can be obtained only through the specified court subpoena process or the victim’s voluntary release. These rules preserve constitutional rights and allow necessary sharing for victim services or notification with Utah’s victim-services and parole agencies.

Sponsors & Cosponsors

Sponsor

  • Heidi Balderree

    Republican • Senate

Cosponsors

  • Ariel Defay

    Republican • House

Roll Call Votes

All Roll Calls

Yes: 109 • No: 3

House vote • 3/6/2026

House/ passed 3rd reading

Yes: 61 • No: 0

House vote • 3/4/2026

House Comm - Favorable Recommendation

Yes: 9 • No: 0

Senate vote • 3/3/2026

Senate/ uncircled

Yes: 0 • No: 0

Senate vote • 3/3/2026

Senate/ substituted

Yes: 0 • No: 0

Senate vote • 3/3/2026

Senate/ passed 2nd & 3rd readings/ suspension

Yes: 26 • No: 0

Senate vote • 3/2/2026

Senate/ circled

Yes: 0 • No: 0

Senate vote • 2/24/2026

Senate Comm - Favorable Recommendation

Yes: 7 • No: 0

Senate vote • 2/24/2026

Senate Comm - Substitute Recommendation

Yes: 6 • No: 3

Actions Timeline

  1. Governor Signed

    3/23/2026
  2. Senate/ to Governor

    3/13/2026Senate
  3. Senate/ received enrolled bill from Printing

    3/13/2026Senate
  4. Senate/ enrolled bill to Printing

    3/11/2026Senate
  5. Enrolled Bill Returned to House or Senate

    3/11/2026
  6. Draft of Enrolled Bill Prepared

    3/10/2026
  7. Bill Received from Senate for Enrolling

    3/10/2026
  8. Senate/ signed by President/ sent for enrolling

    3/6/2026Senate
  9. Senate/ received from House

    3/6/2026Senate
  10. House/ to Senate

    3/6/2026House
  11. House/ signed by Speaker/ returned to Senate

    3/6/2026House
  12. House/ passed 3rd reading

    3/6/2026House
  13. House/ 3rd reading

    3/6/2026House
  14. House/ Rules to 3rd Reading Calendar

    3/5/2026House
  15. House/ 3rd Reading Calendar to Rules

    3/4/2026House
  16. House/ 2nd reading

    3/4/2026House
  17. House/ committee report favorable

    3/4/2026House
  18. House Comm - Favorable Recommendation

    3/4/2026
  19. House/ to standing committee

    3/3/2026House
  20. House/ 1st reading (Introduced)

    3/3/2026House
  21. House/ received from Senate

    3/3/2026House
  22. Senate/ to House

    3/3/2026Senate
  23. Senate/ passed 2nd & 3rd readings/ suspension

    3/3/2026Senate
  24. Senate/ substituted

    3/3/2026Senate
  25. Senate/ uncircled

    3/3/2026Senate

Bill Text

  • Enrolled

    3/11/2026

  • Substitute #3

    3/2/2026

  • Substitute #2

    2/23/2026

  • Substitute #1

    2/20/2026

  • Introduced

    2/12/2026

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