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H.B. 132
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PUBLIC ACCESS TO WITNESS' TESTIMONY
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2000 GENERAL SESSION
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STATE OF UTAH
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Sponsor: Lawanna Shurtliff
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AN ACT RELATING TO THE JUDICIAL CODE; PROVIDING FOR THE EXCLUSION OF
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SPECTATORS BY THE COURT UNDER CERTAIN CIRCUMSTANCES; AND MAKING
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TECHNICAL CORRECTIONS.
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This act affects sections of Utah Code Annotated 1953 as follows:
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AMENDS:
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78-24-11, Utah Code Annotated 1953
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Be it enacted by the Legislature of the state of Utah:
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Section 1.
Section
78-24-11
is amended to read:
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78-24-11. Rights of witnesses.
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(1) It is the right of a witness:
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(a) to be protected from irrelevant, improper, or insulting questions[, and];
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(b) to be protected from harsh or insulting demeanor[,];
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(c) to be detained only so long as the interests of justice require it[,]; and
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(d) to be examined only as to matters legal and pertinent to the issue.
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(2) The court may exclude any or all spectators during the testimony of a witness whenever
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reasonably necessary to prevent embarrassment or emotional disturbance of the witness. Factors
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which may be considered in making the court's determination are:
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(a) the age of the witness;
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(b) the nature of the witness' testimony;
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(c) the potential for embarrassment to the witness;
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(d) the potential for emotional disturbance of the witness;
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(e) the witness' feelings regarding exclusion; and
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(f) other factors considered significant by the court.
Legislative Review Note
as of 2-1-00 12:56 PM
A limited legal review of this legislation raises no obvious constitutional or statutory concerns.