Peace Officer Disclosure Amendments

16
53-25-1004
0
Peace Officer Disclosure Amendments
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Ryan D. Wilcox
Senate Sponsor:
LONG TITLE
General Description:
This bill requires a peace officer to make certain disclosures before testifying in a criminal
case.
Highlighted Provisions:
This bill:
requires a peace officer to provide certain disclosures relating to potential Brady material
to a prosecutor before the peace officer may testify in a criminal case;
requires a prosecutor to provide a peace officer's disclosures to defense counsel in a
criminal case; and
includes specific information that a peace officer must disclose.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
ENACTS:
53-25-1004
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section
53-25-1004
is enacted to read:
53-25-1004
. Testifying peace officer affirmative disclosure requirements related
to Brady material.
(1)
(a)
Except as provided in Subsection
(1)(c)
, a peace officer may not be called to
testify at a trial by a prosecutor in a criminal case unless the peace officer has
provided a disclosure of information relating to potential Brady material to the
prosecutor that complies with Subsection
(1)(b)
.
(b)
The disclosure described in Subsection
(1)(a)
shall include:
(i)
the information described in Subsection
(3)
;
(ii)
any relevant contextual or explanatory information for a specific disclosure that
indicates potential Brady material; and
(iii)
the peace officer's signature and acknowledgment described in Subsection
(4)
.
(c)
If a peace officer has provided a disclosure described in Subsection
(1)(a)
to a
prosecutor within the 12 months before the day on which the peace officer is
testifying at a trial in a different criminal case, the peace officer may testify at the
trial if the peace officer provides the prosecutor for the criminal case:
(i)
a copy of the peace officer's previous disclosure described in Subsection
(1)(a)
;
(ii)
information regarding the case-specific disclosures described in Subsection
(3)(j)
;
and
(iii)
(A)
updated information to any other information contained in the disclosure
described in Subsection
(1)(c)(i)
; or
(B)
an affirmation that there is no other updated information to provide to the
disclosure described in Subsection
(1)(c)(i)
.
(2)
(a)
A peace officer shall provide the disclosure described in Subsection
(1)(a)
or
(1)(c)

as soon as practicable to the prosecutor in the criminal case in which the peace officer
will testify.
(b)
A prosecutor shall provide a disclosure received under Subsection
(2)(a)
to defense
counsel as soon as practicable and in accordance with any applicable laws and rules.
(3)
The required disclosure described in Subsection
(1)(a)
shall include:
(a)
the peace officer's professional identifying information, including:
(i)
the peace officer's:
(A)
name;
(B)
employing law enforcement agency;
(C)
position; and
(D)
badge or identification number; and
(ii)
the number of years the peace officer has worked in law enforcement;
(b)
information about the peace officer's employment history, including:
(i)
if the peace officer's law enforcement certification has ever been suspended,
revoked, or denied;
(ii)
if the peace officer:
(A)
is currently certified as a law enforcement officer in good standing;
(B)
has ever been terminated, suspended, demoted, or resigned in lieu of
termination, from any law enforcement agency;
(C)
has ever been the subject of an internal affairs investigation; or
(D)
currently is under investigation by any entity for work-related misconduct; and
(iii)
if a law enforcement agency has ever disciplined, reprimanded, or cautioned the
peace officer for:
(A)
dishonesty, a false statement, or a misleading report;
(B)
misconduct involving the handling of evidence, tampering with evidence,
failure to collect evidence, or failure to disclose evidence;
(C)
a constitutional violation;
(D)
an improper search or seizure;
(E)
bias or discrimination;
(F)
a body-worn camera violation;
(G)
excessive force;
(H)
a deficiency with writing a report; or
(I)
any other conduct affecting the peace officer's credibility;
(c)
information about the peace officer's criminal history, including if the peace officer:
(i)
has ever been arrested, charged, cited, or indicted for any criminal offense,
excluding minor traffic or parking violations; or
(ii)
has ever been granted immunity from prosecution or entered into a cooperation
agreement with a prosecuting authority;
(d)
information about whether the peace officer is, or has ever been, a defendant in a
civil lawsuit based on the peace officer's workplace conduct, including a lawsuit
involving:
(i)
excessive force;
(ii)
false arrest;
(iii)
malicious prosecution; or
(iv)
a civil rights violation;
(e)
information about the peace officer's knowledge of any previous adverse judicial
finding relating to the peace officer, including whether a court:
(i)
has made an adverse credibility finding against the peace officer;
(ii)
declined to credit the peace officer's testimony; or
(iii)
found that the peace officer:
(A)
conducted a stop, search, or arrest that violated an individual's state or federal
constitutional right;
(B)
suppressed evidence; or
(C)
provided false or misleading testimony;
(f)
information about:
(i)
the peace officer's knowledge of whether a prosecutor has ever declined to file a
criminal charge, or dismissed a criminal charge, based on a concern about the
peace officer's credibility or conduct; or
(ii)
whether the peace officer has ever been notified that the peace officer is included
in a Brady identification system;
(g)
information about the peace officer's workplace conduct, including whether the
peace officer has, in a criminal investigation or case:
(i)
written a report, affidavit, or given testimony that included false, misleading, or
embellished facts;
(ii)
concealed, withheld, or failed to disclose exculpatory evidence, a witness
statement, or information about a witness's credibility or bias;
(iii)
claimed personal knowledge of information that the peace officer did not
personally observe;
(iv)
failed to follow legal requirements for:
(A)
evidence collection;
(B)
recording an interrogation;
(C)
obtaining a consent for a search; or
(D)
activating a body camera when required;
(v)
made a promise, offered a benefit, or provided an inducement to a witness in
exchange for a statement or testimony that was not fully disclosed to the
prosecutor; or
(vi)
coerced the waiver of a suspect's constitutional rights;
(h)
information about the peace officer's potential substance abuse or impairment,
including if the peace officer:
(i)
has ever been disciplined or treated for substance abuse; or
(ii)
uses a medication, or has a condition, that could affect the peace officer's ability
to accurately perceive, recall, or testify about events;
(i)
information about whether the peace officer has made an oral, written, or social
media statement that could be understood by a reasonable person as demonstrating
bias based on race, ethnicity, religion, gender, sexual orientation, or other legally
protected characteristic that would affect the peace officer's credibility; and
(j)
information about the current criminal case in which the peace officer may be called
to testify at trial by the prosecutor, including if the peace officer:
(i)
has a significant personal relationship with any of the following individuals
involved in the current criminal case, beyond being an acquaintance or work
colleague, that could influence the peace officer's testimony:
(A)
a victim;
(B)
a witness;
(C)
an attorney;
(D)
a judge; or
(E)
a defendant;
(ii)
has made a:
(A)
derogatory statement toward the defendant; or
(B)
statement about the defendant that could be understood by a reasonable person
as demonstrating the peace officer's personal bias, prejudice, or dislike of the
defendant; or
(iii)
has a professional or personal incentive to initiate or pursue the criminal case,
such as meeting a quota, avoiding discipline, or winning an award.
(4)
A peace officer's disclosure provided to a prosecutor as described in Subsection
(1)(a)

or
(1)(c)
shall include the peace officer's:
(a)
acknowledgment, under penalty of perjury, that:
(i)
the peace officer's disclosures are complete and accurate to the best of the peace
officer's knowledge; and
(ii)
the peace officer understands that the peace officer has a continuing duty to:
(A)
update the peace officer's disclosures if a disclosure is no longer fully
complete or accurate; and
(B)
disclose the updated information described in Subsection
(4)(a)(ii)(A)
to the
prosecutor;
(b)
signature; and
(c)
the date of the peace officer's signature.
Section 2.
Effective Date.
This bill takes effect on
May 6, 2026
.
2-27-26 8:53 AM