Utah § 53-25-1003 - Peace officer and employing law enforcement agency requirements related to Brady material.
Full text of Utah Utah Code § 53-25-1003 — Peace officer and employing law enforcement agency requirements related to Brady material., with citation guidance and answers to common questions.
§ 53-25-1003. Peace officer and employing law enforcement agency requirements related to Brady material.
Effective 5/7/2025 53-25-1003.
Peace officer and employing law enforcement agency requirements related to Brady material.
(1)
(a)
If a peace officer has been placed onto a prosecution agency's Brady identification system after being provided the rights and procedures described in Subsection 53-25-1002(3) and the peace officer is subpoenaed by a different prosecution agency to testify in court, the peace officer shall disclose that placement to the prosecution agency that issued the subpoena as soon as practicable after receiving the subpoena.
(b)
If a peace officer fails to disclose the peace officer's placement on a Brady identification system as described in Subsection (1)(a), the peace officer's employing law enforcement agency may take disciplinary action against the peace officer.
(2)
(a)
A law enforcement agency may not use the placement of a peace officer onto a Brady identification system as described in Section 53-25-1003 as the sole reason for taking or denying any of the following employment actions against the peace officer:
(i)
demotion;
(ii)
suspension;
(iii)
termination; or
(iv)
any other disciplinary action.
(b)
Notwithstanding Subsection (2)(a), a law enforcement agency may use the underlying facts of the Brady material that were the basis for the peace officer's placement onto a Brady identification system for taking a disciplinary action against the peace officer in accordance with the law enforcement agency's adopted policies and procedures and governing law.
(3)
A chief, sheriff, or administrative officer of a law enforcement agency who knows of an allegation against a peace officer employed by the chief's, sheriff's, or administrative officer's law enforcement agency involving Brady material shall conduct an administrative or internal investigation into the allegation and, if after the law enforcement agency's adopted policies and procedures are followed and the allegation is substantiated, report the findings of the investigation to:
(a)
if the law enforcement agency is a private law enforcement agency or a city, county, or other local law enforcement agency, the county attorney of the jurisdiction where the law enforcement agency is located; or
(b)
if the law enforcement agency is a state law enforcement agency, to the attorney general.
Frequently Asked Questions About Utah § 53-25-1003
What does Utah Code § 53-25-1003 cover?
Section 53-25-1003 ("Peace officer and employing law enforcement agency 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 § 53-25-1003?
A common citation format is "Utah Code § 53-25-1003" (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 § 53-25-1003 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.
