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

4 provisions identified: 2 benefits, 0 costs, 2 mixed.

Stronger privacy for victims and witnesses

Beginning May 6, 2026, agencies must keep nonpublic victim or witness data in a controlled setting and use it only for law enforcement or prosecution. Nonpublic data held by an agency stays in that agency’s or the court’s custody. Intimate images in that private data are presumed not to be disclosed. If the data is not held by an agency, a defendant can get it only through Rule 14(b)(5) or if the victim or witness gives it voluntarily.

Prosecutors must share electronic evidence details

Beginning May 6, 2026, prosecutors must disclose electronic evidence under Rule 16. They must also tell the defense which devices were received, searched, or downloaded, whether evidence came from them, and where the device came from. Agencies must make reasonable efforts to collect electronic evidence and separate it from other private material.

Limits and help for self-represented defendants

Beginning May 6, 2026, if you represent yourself, you cannot access, view, search, or copy nonpublic victim or witness data. If the court decides a review is needed for a fair case, it appoints a lawyer only to search the data or get copies. That appointment is not a general appearance and does not make the lawyer your full counsel. The appointed lawyer is paid under the Indigent Defense Act, even if you would not normally qualify for appointed counsel.

Secure defense review of private data

Beginning May 6, 2026, agencies work to provide a secure virtual room that blocks copying so defense lawyers can review private victim or witness data. A defense lawyer can ask for a copy under a protective order, virtual-room review, or on-site viewing with reasonable accommodations. While viewing in a virtual room or at the agency, the lawyer may not copy, photograph, or reproduce the data. If the lawyer believes a portion is electronic evidence, they may request a copy of that part. The lawyer can also ask the court for access by showing good cause; the court weighs need, review burden, and victim privacy and safety. If copying is allowed, the order must limit copies, who can view, storage, and disposal at the end of the case.

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/ passed 2nd & 3rd readings/ suspension

Yes: 26 • 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 3/2/2026

Senate/ circled

Yes: 0 • No: 0

House vote 2/24/2026

Senate Comm - Substitute Recommendation

Yes: 6 • No: 3

House vote 2/24/2026

Senate Comm - Favorable Recommendation

Yes: 7 • No: 0

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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