In 2018, the Legislature enacted HB 298 and created the Victim Advocate Confidentiality Task Force, which met six times over the interim and terminated on November 30, 2018. The Task Force was charged with investigating when and how communications that are provided to victim advocates should be kept confidential. 

The Task Force recommends HB 53, which enacts a fourth part to the Rights of Crime Victims Act under the Utah Code of Criminal Procedure. The bill extends confidentiality protections to victims of sexual assault, domestic violence, and dating violence and outlines when communications may be disclosed. 

HB 53 distinguishes between a criminal justice system victim advocate employed by a government agency and a nongovernment organization victim advocate. Criminal justice system victim advocates must disclose certain communications to a prosecutor to determine whether the communications are exculpatory or go to the credibility of a witness, or to the extent allowed pursuant to the Utah Rules of Evidence. If the prosecutor determines that the information is exculpatory or goes to the credibility of a witness, the prosecutor must give notice to the victim and the defense attorney and present the communication to the court for in camera review. 

Criminal justice system victim advocates must--as soon as possible--notify victims in writing that communications with the advocate may be disclosed to a prosecutor and that a statement relating to the incident that forms the basis for criminal charges or goes to the credibility of a witness may be disclosed to the defense attorney.

HJR 3, Joint Resolution Adopting Privilege Under Rules of Evidence, enacts Utah Rules of Evidence Rule 512 to align with the proposed statute.