(1) As used in this section:
- (a) "Agent" means a person's attorney that has been formally engaged.
(b) "DUI investigative report" means all materials that a peace officer gathers as part of investigating an offense described in Subsection 41-6a-501 including:
- (i) the identity of witnesses and, if known, contact information;
- (ii) witness statements;
- (iii) photographs and videotapes;
- (iv) diagrams;
- (v) field notes;
- (vi) test results; and
- (vii) any Targeted Responsibility for Alcohol Connected Emergencies investigation report.
(2)
(a) Upon request, a law enforcement agency shall disclose an unredacted DUI investigative report to:
- (i) a person who suffers loss or injury related to the person's actions that gave rise to the investigation; or
- (ii) an agent, parent, or legal guardian of the person described in Subsection (2)(a)(i).
(b) A law enforcement agency responding to a request under Subsection (2)(a) may:
- (i) withhold a portion of the DUI investigative report if disclosure would materially prejudice an ongoing criminal investigation or criminal prosecution;
- (ii) redact or withhold any privileged information;
- (iii) redact an individual's phone number or address, if disclosure of the individual's phone number or address may endanger an individual's physical safety; or
- (iv) provide the DUI investigative report subject to an agreement that limits the recipient's use of the DUI investigative report to use solely for the purpose of pursuing a civil claim related to the incident.
- (3) A law enforcement agency may charge a reasonable fee to cover the cost incurred by disclosing a DUI investigative report in accordance with this section.
Enacted by Chapter 94, 2024 General Session