Utah § 77-37-3 - Bill of rights.

Full text of Utah Utah Code § 77-37-3 — Bill of rights., with citation guidance and answers to common questions.

§ 77-37-3. Bill of rights.

Effective 7/1/2026
77-37-3.  Bill of rights.
(1)The bill of rights for victims and witnesses is:
(a)
(i)Victims and witnesses have a right to be informed as to the level of protection from intimidation and harm available to them, and from what sources, as they participate in criminal justice proceedings described in Section 76-8-508, regarding tampering with a witness, and Section 76-8-509, regarding extortion or bribery to dismiss a criminal proceeding.
(ii)Law enforcement, prosecution, and corrections personnel have the duty to timely provide the information described in Subsection (1)(a)(i) in a form which is useful to the victim.
(b)
(i)Victims and witnesses, including children and the children's guardians, have a right to be informed and assisted as to their role in the criminal justice process.
(ii)All criminal justice agencies have the duty to provide the information described in Subsection (1)(b)(i) and assistance.
(c)
(i)Victims and witnesses have a right to clear explanations regarding relevant legal proceedings.
(ii)The explanations described in Subsection (1)(c)(i) shall be appropriate to the age of child victims and witnesses.
(iii)All criminal justice agencies have the duty to provide the explanations described in Subsection (1)(c)(i).
(d)
(i)Victims and witnesses should have a secure waiting area that does not require them to be in close proximity to defendants or the family and friends of defendants.
(ii)Agencies controlling facilities shall, whenever possible, provide the area described in Subsection (1)(d)(i).
(e)
(i)Victims may seek restitution or compensation, including medical costs, as provided in Title 75E, Chapter 5, Part 3, Victim Compensation, Title 77, Chapter 38b, Crime Victims Restitution Act, and Section 80-6-710.
(ii)State and local government agencies that serve victims have the duty to have a functional knowledge of the procedures established by the Office for Victims of Crime and to inform victims of these procedures.
(f)
(i)Victims and witnesses have a right to have any personal property returned as provided in Chapter 11a, Seizure of Property and Contraband, and Chapter 11d, Lost or Mislaid Property.
(ii)Criminal justice agencies shall expeditiously return the property described in Subsection (1)(f)(i) when it is no longer needed for court law enforcement or prosecution purposes.
(g)
(i)Victims and witnesses have the right to reasonable employer intercession services, including pursuing employer cooperation in minimizing employees' loss of pay and other benefits resulting from their participation in the criminal justice process.
(ii)Officers of the court shall provide the services described in Subsection (1)(g)(i) and shall consider victims' and witnesses' schedules so that activities which conflict can be avoided.
(iii)Where conflicts cannot be avoided, the victim may request that the responsible agency intercede with employers or other parties.
(h)
(i)Victims and witnesses, particularly children, should have a speedy disposition of the entire criminal justice process.
(ii)All involved public agencies shall establish policies and procedures to encourage speedy disposition of criminal cases.
(i)
(i)Victims and witnesses have the right to timely notice of judicial proceedings they are to attend and timely notice of cancellation of any proceedings.
(ii)Criminal justice agencies have the duty to provide the notifications described in Subsection (1)(i)(i).
(iii)Defense counsel and others have the duty to provide timely notice to prosecution of any continuances or other changes that may be required.
(2)In addition to the rights of a victim described in Subsection (1), a victim of a sexual offense has the right to:
(a)request voluntary testing for themselves for HIV infection as described in Section 53-10-803;
(b)request mandatory testing of the alleged sexual offender for HIV infection as described in Section 53-10-802;
(c)not to be prevented from, or charged for, a medical forensic examination;
(d)have the evidence from a sexual assault kit, or the contents of the sexual assault kit, preserved for the time periods described in Chapter 11c, Retention of Evidence, without any charge to the victim;
(e)be informed whether a DNA profile was obtained from the testing of the evidence in a sexual assault kit or from other crime scene evidence;
(f)be informed whether a DNA profile developed from the evidence in a sexual assault kit, or from other crime scene evidence, has been entered into the Utah Combined DNA Index System;
(g)be informed of any result from a sexual assault kit or from other crime scene evidence if that disclosure would not impede or compromise an ongoing investigation, including:
(i)whether there is a match between a DNA profile developed from the evidence in a sexual assault kit, or from other crime scene evidence, and a DNA profile contained in the Utah Combined DNA Index System; and
(ii)a toxicology result or other information that is collected from a sexual assault kit as part of a medical forensic examination of the victim;
(h)be informed in writing of policies governing the collection and preservation of a sexual assault kit;
(i)be informed of the status and location of a sexual assault kit;
(j)upon written request by the victim, receive a notice of intent from an agency, as defined in Section 53-10-905, if the agency intends to destroy or dispose of evidence from a sexual assault kit;
(k)be granted further preservation of the sexual assault kit if the agency, as defined in Section 53-10-905, intends to destroy or dispose of evidence from a sexual assault kit and the victim submits a written request as described in Section 53-10-905;
(l)designate a person of the victim's choosing to act as a recipient of the information provided under this Subsection (2) or Subsections (3) and (4); and
(m)be informed of all the enumerated rights in this Subsection (2).
(3)Subsections (2)(e) through (g) do not require that the law enforcement agency communicate with the victim or the victim's designee regarding the status of DNA testing, absent a specific request received from the victim or the victim's designee.
(4)A law enforcement agency investigating a sexual offense may:
(a)release the information indicated in Subsections (2)(e) through (g) upon the request of the victim of the sexual offense, or the victim's designee and is the designated agency to provide that information to the victim or the victim's designee;
(b)require that the victim's request be in writing; and
(c)respond to the victim's request with verbal communication, written communication, or by email if an email address is available.
(5)A law enforcement agency investigating a sexual offense shall:
(a)notify the victim of the sexual offense, or the victim's designee, if the law enforcement agency determines that DNA evidence will not be analyzed in a case where the identity of the perpetrator has not be confirmed;
(b)provide the information described in this section in a timely manner; and
(c)upon request of the victim or the victim's designee, advise the victim or the victim's designee of any significant changes in the information of which the law enforcement agency is aware.
(6)The law enforcement agency investigating the sexual offense is responsible for informing the victim of the sexual offense, or the victim's designee, of the rights established under this section.
(7)Informational rights of the victim under this chapter are based upon the victim providing the current name, address, telephone number, and email address, if an email address is available, of the person to whom the information should be provided to the criminal justice agencies involved in the case.


Amended by Chapter 291, 2026 General Session

Source: official Utah text · Last verified 2026-08-27

Related Utah Legal Topics

Frequently Asked Questions About Utah § 77-37-3

What does Utah Code § 77-37-3 cover?

Section 77-37-3 ("Bill of rights.") 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 § 77-37-3?

A common citation format is "Utah Code § 77-37-3" (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 § 77-37-3 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.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in Utah.