Utah § 53-25-1002 - Prosecution agency's requirements related to Brady material.
Full text of Utah Utah Code § 53-25-1002 — Prosecution agency's requirements related to Brady material., with citation guidance and answers to common questions.
§ 53-25-1002. Prosecution agency's requirements related to Brady material.
Effective 12/1/2025 53-25-1002.
Prosecution agency's requirements related to Brady material.
(1)
(a)
A prosecution agency may use a Brady identification system to fulfill the prosecution agency's discovery obligations regarding Brady material under federal law, state law, court order, or court rule.
(b)
A prosecution agency is not required to maintain a Brady identification system and may determine that the prosecution agency's discovery obligations regarding Brady material can be met through another procedure.
(2)
A prosecution agency that uses a Brady identification system may make disclosures of Brady material to a defendant in a prosecution even if the prosecution agency has not made a final decision regarding whether the peace officer who is the subject of the Brady material will be placed onto the prosecution agency's Brady identification system.
(3)
(a)
Except as provided in Subsection (3)(b), before a prosecution agency may initially place a peace officer on the prosecution agency's Brady identification system, or add additional information to the prosecution agency's Brady identification system regarding a peace officer already on the prosecution agency's Brady identification system for a reason unrelated to the initial placement, the prosecution agency shall:
(i)
provide the peace officer with written notice that the prosecution agency intends to:
(A)
place the peace officer onto the prosecution agency's Brady identification system; or
(B)
if the peace officer is already on the prosecution agency's Brady identification system, add additional information about the peace officer onto the prosecution agency's Brady identification system;
(ii)
provide the peace officer with copies of any documents, records, and other evidence relied upon by the prosecution agency that is seeking to place the peace officer, or add additional information regarding the peace officer, onto the Brady identification system; and
(iii)
provide the peace officer with an opportunity to dispute the peace officer's placement, or addition of information regarding the peace officer, onto the Brady identification system.
(b)
A prosecution agency is not required to provide the procedures described in Subsection (3)(a) if the Brady material underlying the peace officer's placement onto the Brady identification system relates to a criminal conviction.
(4)
If a peace officer is employed by a law enforcement agency and is placed onto a prosecution agency's Brady identification system in accordance with this section, the prosecution agency shall notify the peace officer's employer regarding the placement.
(5)
A prosecution agency that uses a Brady identification system shall adopt a policy, accessible to any peace officer in the prosecution agency's jurisdiction, that includes:
(a)
the criteria used by the prosecution agency to place an officer on the prosecution agency's Brady identification system including:
(i)
a description of what conduct qualifies as Brady material; and
(ii)
a description of other conduct not defined in this part that the prosecution agency determines will get a peace officer placed on the prosecution agency's Brady identification system; and
(b)
the rights, procedures, and limitations described in Subsection (3).
(6)
If a peace officer is placed onto a prosecution agency's Brady identification system and then is placed on another prosecution agency's Brady identification system, the other prosecution agency:
(a)
does not have to provide the peace officer with the rights and procedures described in Subsection (3)(a), if the peace officer's placement is based on the same conduct that led to the peace officer being placed on the initial prosecution agency's Brady identification system and the peace officer was provided the rights and procedures described in Subsection (3)(a) by the initial prosecution agency; and
(b)
shall:
(i)
provide the peace officer with written notice that the prosecution agency has added the peace officer to the prosecution agency's Brady identification system;
(ii)
provide the peace officer with an opportunity to respond in writing to the peace officer's placement on the prosecution agency's Brady identification system; and
(iii)
review the peace officer's response described in Subsection (6)(b)(ii).
(7)
A peace officer may not seek judicial review of a prosecution agency's determination to place an officer on a Brady identification system in accordance with this section.
(8)
Any information or record maintained by a prosecution agency in a Brady identification system is not subject to disclosure under Title 63G, Chapter 2, Government Records Access and Management Act.
(9)
This section does not:
(a)
create a private cause of action by a peace officer or by a law enforcement agency against a prosecution agency or the prosecution agency's employees for the procedures and determination related to the placement of a peace officer onto a Brady identification system; or
(b)
restrict or limit a prosecution agency from fulfilling the prosecution agency's discovery obligations.
Technically renumbered to avoid duplication of newly enacted code also in SB0180, Chapter 330, also in HB0082, Chapter 196, also in HB0021, Chapter 173, also in HB0354, Chapter 252.
Frequently Asked Questions About Utah § 53-25-1002
What does Utah Code § 53-25-1002 cover?
Section 53-25-1002 ("Prosecution agency's requirements related to Brady material.") is part of the Utah Code, the codified statutory law of Utah. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Utah § 53-25-1002?
A common citation format is "Utah Code § 53-25-1002" (Utah). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Utah law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Utah official source linked on this page or consult a licensed Utah attorney.
How does Utah § 53-25-1002 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Utah can advise on how this section applies to you. Contact your state or local bar association for a referral.
