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H.J.R. 2
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RESOLUTION ON VICTIM'S RIGHTS
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2000 GENERAL SESSION
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STATE OF UTAH
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Sponsor: Gary F. Cox
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A JOINT RESOLUTION OF THE LEGISLATURE PROPOSING TO AMEND RULE 615 OF
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THE UTAH RULES OF EVIDENCE REGARDING THE EXCLUSION OF WITNESSES FROM
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THE COURTROOM; AND PROVIDING AN EFFECTIVE DATE.
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This resolution proposes to amend the Utah Rules of Evidence as follows:
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AMENDS:
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Rule 615, Utah Rules of Evidence
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Be it resolved by the Legislature of the state of Utah, two-thirds of all members elected to each of
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the two houses voting in favor thereof:
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As provided in Utah Constitution Article VIII, Section 4, the Legislature may amend rules
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of procedure and evidence adopted by the Utah Supreme Court upon a two-thirds vote of all
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members of both houses of the Legislature:
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Section 1.
Rule 615
, Utah Rules of Evidence is amended to read:
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Rule 615. Exclusion of witnesses.
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(1) At the request of a party the court shall order witnesses excluded so that they cannot
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hear the testimony of other witnesses, and it may make the order on its own motion. This rule does
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not authorize exclusion of:
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(a) a party who is a natural person;
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(b) an officer or employee of a party which is not a natural person designated as its
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representative by its attorney;
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(c) a person whose presence is shown by a party to be essential to the presentation of the
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party's cause; [or]
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(d) a victim in a criminal or juvenile delinquency proceeding where the prosecutor agrees
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with the victim's presence[.]; or
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(e) a victim counselor S [,] s h
WHILE THE VICTIM IS PRESENT
h unless the defendant establishes
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that the counselor is a material
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witness S
IN
THAT
CRIMINAL PROCEEDING
s h [
whose testimony would be materially affected by
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hearing the testimony of other witnesses
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at the proceeding
] h .
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(2) The court may exclude or excuse a victim from the courtroom if the victim becomes
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disruptive.
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(3) A victim in a criminal or juvenile delinquency proceeding who elects to be present in
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the courtroom may not be prevented from testifying, even after being present and having heard
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other testimony.
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(4) As used in this rule, "victim counselor":
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(a) means a person who is h
PRESENT IN THE COURTROOM TO ASSIST THE VICTIM AND
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IS
h employed by or volunteers at any office, institution, or center
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assisting victims of crimes and their families which offers crisis intervention or support, medical
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or legal services, or counseling; and
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(b) includes a "sexual assault counselor" as defined in Section
78-3c-3
, Utah Code
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Annotated.
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Section 2. Effective date.
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As provided in Utah Constitution Article VIII, Section 4, this act takes effect upon approval
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by a constitutional two-thirds vote of all members elected to each house.
Legislative Review Note
as of 12-23-99 8:32 AM
A limited legal review of this legislation raises no obvious constitutional or statutory concerns.