All Roll Calls
Yes: 143 • No: 0
UtahS.B. 3182025 General SessionSenate
Prosecutorial Misconduct Amendments
Sponsored By: Todd Weiler (Republican)
Signed by Governor
Government RecordsAttorneysJudicial OperationsLaw Enforcement and Criminal JusticeEthicsGovernment Operations (State Issues)
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Bill Overview
Analyzed Economic Effects
3 provisions identified: 1 benefits, 0 costs, 2 mixed.
New oversight for Utah prosecutor misconduct
Beginning May 7, 2025, Utah creates a six-member Prosecutor Conduct Commission within its State Commission on Criminal and Juvenile Justice. It covers felony and class A or B misdemeanor prosecutions. Covered misconduct must purposely, knowingly, or recklessly violate a clear legal or professional duty and harm or threaten someone's due process rights. Anyone can complain, and prosecutors must report alleged misconduct by other prosecutors to their employers. Employers must investigate and send substantiated complaints to the commission. The commission can investigate qualifying complaints, start investigations on a member's motion, dismiss meritless complaints, and subpoena evidence or testimony. It pays required witness and travel expenses. Investigated prosecutors receive notice and information needed to respond, including the complainant's identity. Investigations can continue after resignation or retirement, and prospective employers can ask whether an investigation is pending. The law provides no payment or private legal remedy to affected people.
Prosecuting staff must help misconduct investigations
Beginning May 7, 2025, Utah prosecuting agencies and their employees must cooperate with commission investigations and answer questions truthfully. The duty excludes information protected by legal privilege, statute, or court rule. Employees keep their constitutional right to remain silent. Agencies may discipline or fire employees who refuse to cooperate. Firing or demoting career-service employees remains subject to state personnel protections.
Prosecutor findings face public disclosure limits
Beginning May 7, 2025, the commission can find misconduct when the evidence shows it is more likely than not. It must notify the prosecutor's employer and, when applicable, law enforcement or the Office of Professional Conduct. The commission cannot discipline or punish prosecutors. Investigation records containing a prosecutor's identifying information—including complaints, related documents, and findings—are generally nonpublic. Findings can become public only through required public-records release, public disclosure following professional discipline, or a resulting criminal prosecution. Information protected by court order or legal privilege cannot be disclosed. Neither can statements given after a Garrity warning, which protects public employees compelled to answer questions under threat of job loss.
Sponsors & Cosponsors
Sponsor
Todd Weiler
Republican • Senate
Cosponsors
Brady Brammer
Republican • Senate
Kirk A. Cullimore
Republican • Senate
Karianne Lisonbee
Republican • House
Roll Call Votes
Senate vote • 3/6/2025
Senate/ concurs with House amendment
Yes: 21 • No: 0
House vote • 3/5/2025
House/ uncircled
Yes: 0 • No: 0
House vote • 3/5/2025
House/ circled
Yes: 0 • No: 0
House vote • 3/5/2025
House/ uncircled
Yes: 0 • No: 0
House vote • 3/5/2025
House/ circled
Yes: 0 • No: 0
House vote • 3/5/2025
House/ passed 3rd reading
Yes: 69 • No: 0
House vote • 3/5/2025
House/ substituted
Yes: 0 • No: 0
Senate vote • 3/4/2025
Senate/ circled
Yes: 0 • No: 0
Senate vote • 3/4/2025
Senate/ uncircled
Yes: 0 • No: 0
Senate vote • 3/4/2025
Senate/ passed 3rd reading
Yes: 26 • No: 0
Senate vote • 3/3/2025
Senate/ substituted
Yes: 0 • No: 0
Senate vote • 3/3/2025
Senate/ uncircled
Yes: 0 • No: 0
Senate vote • 3/3/2025
Senate/ circled
Yes: 0 • No: 0
Senate vote • 3/3/2025
Senate/ passed 2nd reading
Yes: 23 • No: 0
Senate vote • 2/27/2025
Senate Comm - Favorable Recommendation
Yes: 4 • No: 0
Senate vote • Unknown
Senate/ uncircled
Yes: 0 • No: 0
House vote • Unknown
House/ uncircled
Yes: 0 • No: 0
House vote • Unknown
House/ circled
Yes: 0 • No: 0
House vote • Unknown
House/ uncircled
Yes: 0 • No: 0
House vote • Unknown
House/ substituted
Yes: 0 • No: 0
Senate vote • Unknown
Senate/ uncircled
Yes: 0 • No: 0
Senate vote • Unknown
Senate/ circled
Yes: 0 • No: 0
Senate vote • Unknown
Senate/ substituted
Yes: 0 • No: 0
Senate vote • Unknown
Senate/ circled
Yes: 0 • No: 0
House vote • Unknown
House/ circled
Yes: 0 • No: 0
Actions Timeline
Governor Signed
3/25/2025Senate/ to Governor
3/17/2025SenateSenate/ received enrolled bill from Printing
3/17/2025SenateSenate/ enrolled bill to Printing
3/13/2025SenateEnrolled Bill Returned to House or Senate
3/13/2025Draft of Enrolled Bill Prepared
3/7/2025Bill Received from Senate for Enrolling
3/7/2025Senate/ signed by President/ sent for enrolling
3/7/2025SenateSenate/ received from House
3/7/2025SenateHouse/ to Senate
3/6/2025HouseHouse/ signed by Speaker/ returned to Senate
3/6/2025HouseHouse/ received from Senate
3/6/2025HouseSenate/ to House
3/6/2025SenateSenate/ concurs with House amendment
3/6/2025SenateSenate/ placed on Concurrence Calendar
3/6/2025SenateSenate/ received from House
3/6/2025SenateHouse/ to Senate
3/5/2025HouseHouse/ passed 3rd reading
3/5/2025HouseHouse/ substituted
3/5/2025HouseHouse/ uncircled
3/5/2025HouseHouse/ circled
3/5/2025HouseHouse/ uncircled
3/5/2025HouseHouse/ circled
3/5/2025HouseHouse/ 3rd reading
3/5/2025HouseHouse/ 2nd reading
3/5/2025House
Bill Text
Enrolled
3/13/2025
Substitute #3
3/5/2025
Substitute #2
3/4/2025
Substitute #1
3/3/2025
Introduced
2/21/2025