Print Version
Previous PageFile uploaded: 7/31/2019

Rule 512. Victimcommunications.

 

(a) Definitions.

(a)(1) "Advocacy services" means the sameas that term is defined in UCA? 77-38-403.

(a)(2) "Confidential communication" meansa communication that is intended to be confidential between a victim and avictim advocate for the purpose of obtaining advocacy services as defined in UCA? 77-38-403.

(a)(3) "Criminal justice system victimadvocate" means the same as that term is defined in UCA? 77-38-403.

(a)(4) "Health care provider" means thesame as that term is defined in UCA? 78B-3-403.

(a)(5) "Mental health therapist" means thesame as that term is defined in UCA? 58-60-102.

(a)(6) "Victim" means an individualdefined as a victim in UCA? 77-38-403.

(a)(7) "Victim advocate" means the same asthat term is defined in UCA? 77-38-403.

(b) Statement of the Privilege. A victim communicating with a victimadvocate has a privilege during the victim's life to refuse to disclose and toprevent any other person from disclosing a confidential communication.

(c) Who May Claim the Privilege. The privilege may be claimed by the victimengaged in a confidential communication, or the guardian or conservator of thevictim engaged in a confidential communication if the guardian or conservatoris not the accused. An individual who is a victim advocate at the time of aconfidential communication is presumed to have authority during the life of thevictim to claim the privilege on behalf of the victim.

(d) Exceptions.An exception to the privilege exists in the following circumstances:

(d)(1) when the victim, or the victim's guardian orconservator if the guardian or conservator is not the accused, provideswritten, informed, and voluntary consent for the disclosure, and the writtendisclosure contains:

(d)(1)(A) the specific confidential communicationsubject to disclosure;

(d)(1)(B) the limited purpose of the disclosure; and

(d)(1)(C) the name of the individual or party to whichthe specific confidential communication may be disclosed;

(d)(2) when the confidential communication isrequired to be disclosed under Title62A, Chapter 4a, Child and Family Services, or UCA? 62A-3-305;

(d)(3) when the confidential communication isevidence of a victim being in clear and immediate danger to the victim's selfor others;

(d)(4) when the confidential communication isevidence that the victim has committed a crime, plans to commit a crime, orintends to conceal a crime;

(d)(5) if the confidential communication is with acriminal justice system victim advocate, the criminal justice system victimadvocate may disclose the confidential communication to a parent or guardian ifthe victim is a minor and the parent or guardian is not the accused, or a lawenforcement officer, health care provider, mental health therapist, domesticviolence shelter employee, an employee of the Utah Office for Victims of Crime,or member of a multidisciplinary team assembled by a Children's Justice Centeror law enforcement agency for the purpose of providing advocacy services;

(d)(6) if the confidential communication is with acriminal justice system victim advocate, the criminal justice system victimadvocate must disclose the confidential communication to a prosecutor under UCA? 77-38-405;

(d)(7) if the confidential communication is with acriminal justice system victim advocate, and a court determines, after thevictim and the defense attorney have been notified and afforded an opportunityto be heard at an in camera review, that:

(d)(7)(A) the probative value of the confidentialcommunication and the interest of justice served by the admission of theconfidential communication substantially outweigh the adverse effect of theadmission of the confidential communication on the victim or the relationshipbetween the victim and the criminal justice system victim advocate; or

(d)(7)(B) the confidential communication is exculpatoryevidence, including impeachment evidence.

 

EffectiveJuly 31, 2019, pursuant to 2019 UT H.J.R. 3 ?Joint Resolution AdoptingPrivilege Under Rules of Evidence.?