| (1) |
An individual who is a victim of a first degree felony, or who is a family member of a missing person or homicide victim, may request review of a criminal investigation if:
Attorney's NoteUnder the Utah Code, punishments for crimes depend on the classification. In the case of this section:
| Class | Prison | Fine |
|---|
| first degree felony | 5 years to life | up to $10,000 |
For details, see Utah Code § 76-3-203Terms Used In Utah Code 11-64-101- City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: means :Utah Code 68-3-12.5
- Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
| (a) |
the incident was reported for investigation to a law enforcement agency with jurisdiction to investigate the incident; |
| (b) |
at least one year has passed from the date the incident was first reported for investigation to a law enforcement agency with jurisdiction to investigate the incident; and |
| (c) |
the law enforcement agency investigating the incident has not submitted the investigation results to be screened for criminal charges by the county or district attorney in the jurisdiction in which the incident occurred. |
|
| (2) |
| (a) |
An individual who is a victim of a first degree felony, or who is a family member of a missing person or homicide victim, may request review of the investigation by the chief executive of the law enforcement agency investigating the incident. Within 30 days after receiving a request, the chief executive of the law enforcement agency shall meet with the investigating officers to evaluate the investigation, including existing leads and obstacles and investigative resources that may be available to move the investigation to conclusion, and develop a plan to:
| (i) |
close the investigation; |
| (ii) |
undertake further investigative steps; or |
| (iii) |
submit the investigation results to be screened for criminal charges by the county or district attorney in the jurisdiction in which the incident occurred. |
|
| (b) |
Within 60 days after receiving a request for review under Subsection (2)(a), the chief executive of the law enforcement agency investigating the incident shall send written notification to the individual who made the review request advising the individual whether the agency will:
| (i) |
close the investigation; |
| (ii) |
undertake further investigative steps; or |
| (iii) |
submit the investigation results to be screened for criminal charges. |
|
|
| (3) |
| (a) |
If the written notification under Subsection (2)(b) indicates further investigative steps will be undertaken or that the investigation results will be submitted to be screened for criminal charges and no charges have been filed within 90 days following the date of the written notification under Subsection (2)(b), or the investigation will be closed, the individual who is a victim of crime, or who is a family member of a victim of crime, may submit a second request to the law enforcement agency investigating the incident that the investigation results and all evidence be transferred to the county attorney with jurisdiction over the area in which the incident occurred. |
| (b) |
Within 15 days after receiving a transfer request under Subsection (3)(a), the chief executive of the law enforcement agency shall forward the investigation results to the county attorney as requested by the victim or victim’s family. |
| (c) |
Within 30 days of receiving the investigation results from the law enforcement agency investigating the incident, the county attorney shall evaluate the investigation, including existing leads and obstacles, evidence, and investigative resources that may be available to move the investigation to conclusion, and:
| (i) |
develop a plan to undertake further investigative steps; or |
| (ii) |
decline to accept the transferred investigation. |
|
| (d) |
Within 60 days after receiving the investigation results from the law enforcement agency investigating the incident, the county attorney shall send written notification to the individual who made the transfer request advising the individual whether the county attorney will undertake further investigative steps. |
|
| (4) |
If the county attorney declines to accept the transferred investigation, it shall return all evidence and information to the law enforcement agency within 30 days. |
| (5) |
Nothing in this section requires a law enforcement agency or prosecuting agency to close an investigation if charges are not filed within the time frames set forth in this section. |
| (6) |
An individual who is a victim of a first degree felony, or who is a family member of a missing person or homicide victim, may seek review of an investigation by the attorney general, pursuant to its concurrent jurisdiction to investigate and prosecute crimes in any city or county of the state.
| (a) |
Within 30 days of receiving a request from an individual who is a victim of a first degree felony, or who is a family member of a missing person or homicide victim, to accept a transferred investigation, the attorney general shall request from the law enforcement agency all evidence and information regarding the investigation. |
| (b) |
Within 60 days after receiving the investigation information from the law enforcement agency investigating the incident, the attorney general shall review all evidence and information received and make a determination regarding the investigation. |
| (c) |
The attorney general shall send written notification to the individual who made the transfer request within 60 days of its decision to decline or continue an investigation. |
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Enacted by Chapter 183, 2019 General Session
Technically renumbered for proper placement in chapter.
