HB 82 Utah House · 2025 General Session

Law Enforcement Modifications

HB 82 requires Utah prosecution agencies to follow specific due process steps before adding peace officers to a system tracking misconduct that must be disclosed to defendants. This includes providing written notice, copies of evidence, and an opportunity to dispute the placement, with exceptions for criminal convictions or finalized POST decisions. The bill also mandates that agencies create a public policy explaining placement criteria and rights, and notify the officer’s employer of the placement. These changes directly affect peace officers, their law enforcement employers, and prosecution agencies in Utah.

Issues: ✓ Criminal Justice

Bill status signed all 5 stages cleared

Introduction

Jan 2025

Committee Review

Feb 2025

House Passage

Feb 2025

Senate Passage

Feb 2025

Signed into Law

Mar 2025

Introduced Jan 21, 2025 Signed Mar 25, 2025

Maddy AI version diff · 4 comparisons

What changed between versions

Amended 1/27/2025 10:01:408 → Substitute #1 · 4 edits

MODERATE

This bill adds new sections to create a formal 'Brady identification system' that prosecution agencies must use to track peace officer misconduct that could be used to impeach officers in court. It establishes specific due process requirements, including notice and opportunity to dispute, before placing an officer on this tracking system. The bill also expands the bill's scope to include new sections (53-25-701 and 53-25-702) that were not in the original version.

Scope change

The bill's scope was expanded to include two new sections (53-25-701 and 53-25-702) that were not present in the original version, broadening the legislative changes beyond just the three sections listed in the original amendment.

SCOPE

Added two new sections (53-25-701 and 53-25-702) to the Utah Code that were not included in the original bill version.

REQUIREMENT

Added specific due process requirements requiring prosecution agencies to provide written notice, copies of evidence, and an opportunity to dispute before placing a peace officer on a Brady identification system, with exceptions for criminal convictions or finalized POST decisions.

TIMELINE

Established a May 7, 2025 effective date and created a 180-day review period for officers placed on the system before that date.

ENFORCEMENT

Added provisions requiring law enforcement agencies to conduct internal investigations when allegations involving Brady material are made against officers, and prohibiting use of Brady system placement alone as grounds for employment actions.

Amended Excerpts 1/27/2025 10:01:408 → Amended 1/27/2025 10:01:408 · 8 edits

MODERATE

This bill establishes new requirements for prosecution agencies to create and maintain a 'Brady identification system' for tracking peace officer misconduct that could be used to impeach officers in court. The bill adds definitions for key terms, requires agencies to notify officers before placing them on the system, mandates disclosure of evidence used for placement, and creates a review process for officers already on the system before May 7, 2025.

Scope change

The bill expands the scope by creating entirely new sections (53-25-601 and 53-25-602) that establish a formal system for tracking peace officer misconduct, whereas the original text only contained minor amendments to existing sections.

REQUIREMENT

New requirement for prosecution agencies to provide written notice to peace officers before placing them on a Brady identification system or adding information to the system.

New requirement for prosecution agencies to provide peace officers with copies of documents and evidence relied upon when seeking to place them on the system.

New requirement for prosecution agencies to provide peace officers with an opportunity to dispute their placement or additional information added to the system.

New requirement for prosecution agencies to notify the peace officer's employer when the officer is placed on the Brady identification system.

New requirement for prosecution agencies to adopt and make accessible a policy describing criteria for placing officers on the Brady identification system.

DEFINITION

New definitions for 'Brady identification system', 'Brady material', 'law enforcement agency', 'peace officer', 'POST', and 'prosecution agency'.

TIMELINE

New provision allowing peace officers placed on the system before May 7, 2025, to request a review within 180 calendar days after that date.

ELIGIBILITY

Exemption from notice requirements when Brady material relates to a criminal conviction or finalized POST decision.

Introduced → Enrolled · 9 edits · Mar 25, 2025

MAJOR

This bill establishes a new legal requirement for prosecution agencies to create a 'Brady identification system' to track peace officer misconduct that could be used to impeach officer testimony in court. The law mandates that prosecutors must notify peace officers before placing them on this system, provide them with evidence supporting the placement, and offer them an opportunity to dispute the decision. These due process protections ensure peace officers have a chance to respond to allegations before their credibility is potentially undermined in future cases.

Scope change

The bill creates new substantive requirements for prosecution agencies that did not previously exist, establishing a formal process for tracking and disclosing peace officer misconduct information.

REQUIREMENT

Prosecution agencies must notify peace officers in writing before placing them on a Brady identification system and provide copies of supporting documents.

Peace officers placed on the system must be given an opportunity to dispute their placement or any additional information added to their record.

Prosecution agencies must notify the peace officer's employer when an officer is placed on the Brady identification system.

Law enforcement agencies cannot use the Brady system placement alone as grounds for demotion, suspension, termination, or other disciplinary action.

Law enforcement agencies must investigate Brady material allegations against their officers and report substantiated findings to the appropriate prosecutor.

DEFINITION

New definitions for 'Brady identification system' and 'Brady material' specific to peace officer misconduct tracking.

TIMELINE

Peace officers placed on the system before May 7, 2025, have 180 days after that date to request a review of their placement.

ENFORCEMENT

Peace officers who fail to disclose their Brady system placement when subpoenaed may face disciplinary action from their employer.

TECHNICAL

Information in the Brady identification system is exempt from public disclosure under the Government Records Access and Management Act.

Floor votes

How they voted

This bill passed the Senate by voice vote (no roll call recorded).

Full legislative history

Actions timeline

Total actions

Key actions

Committee

Amendments

Mar 25, 2025

Signed into law

Governor Signed

executive

Feb 27, 2025

Legislature · Passed

House/ signed by Speaker/ sent for enrolling

legislature

Feb 27, 2025

Lower · Passed

Senate/ signed by President/ returned to House

lower

Feb 27, 2025

Upper · Passed

Senate/ passed 3rd reading

upper

Feb 14, 2025

Upper · Passed

Senate/ committee report favorable

upper

Feb 13, 2025

Upper · Passed

Senate Comm - Favorable Recommendation

upper

Feb 5, 2025

Committee

Senate/ to standing committee

upper

Feb 4, 2025

Introduced

Senate/ 1st reading (Introduced)

upper

Jan 31, 2025

Upper · Passed

House/ passed 3rd reading

upper

Jan 27, 2025

Lower · Passed

House/ comm rpt/ amended

lower

Jan 24, 2025

Lower · Passed

House Comm - Favorable Recommendation

lower

Jan 24, 2025

Introduced

House Comm - Amendment Recommendation

lower

Jan 23, 2025

Committee

House/ to standing committee

lower

Jan 21, 2025

Introduced

House/ 1st reading (Introduced)

lower

1 primary · 1 co-sponsor