Utah Code § 77-38-401 Title.
77-38-401. Title.
This part is known as the "Privileged Communications with Victim Advocates Act."
Enacted by Chapter 361, 2019 General Session
Privileged Communications with Victim Advocates Act
Utah Code tit. 77, ch. 77-38, pt. 77-38-P4
in effectUtah Code § 77-38-402 Purpose.
77-38-402. Purpose.
It is the purpose of this part to enhance and promote the mental, physical, and emotional recovery of victims by restricting the circumstances under which a confidential communication with the victim may be disclosed.
Enacted by Chapter 361, 2019 General Session
Utah Code § 77-38-403 Definitions.
77-38-403. Definitions.
As used in this part:
(1) "Advocacy services" means assistance provided that supports, supplements, intervenes, or links a victim or a victim's family with appropriate resources and services to address the wide range of potential impacts of being victimized.
(2) "Advocacy services provider" means an entity that has the primary focus of providing advocacy services in general or with specialization to a specific crime type or specific type of victimization.
(3) "Confidential communication" means a communication that is intended to be confidential between a victim and a victim advocate for the purpose of obtaining advocacy services.
(4) "Criminal justice system victim advocate" means an individual who:
(a) is employed or authorized to volunteer by a government agency that possesses a role or responsibility within the criminal justice system;
(b) has as a primary responsibility addressing the mental, physical, or emotional recovery of victims;
(c) completes a minimum 40 hours of trauma-informed training:
(i) in crisis response, the effects of crime and trauma on victims, victim advocacy services and ethics, informed consent, and this part regarding privileged confidential communication; and
(ii) that have been approved or provided by the Office for Victims of Crime; and
(d) is under the supervision of the director or director's designee of the government agency.
(5) "Health care provider" means the same as that term is defined in Section 78B-3-403.
(6) "Mental health therapist" means the same as that term is defined in Section 58-60-102.
(7) "Nongovernment organization victim advocate" means an individual who:
(a) is employed or authorized to volunteer by an nongovernment organization advocacy services provider;
(b) has as a primary responsibility addressing the mental, physical, or emotional recovery of victims;
(c) has a minimum 40 hours of trauma-informed training:
(i) in assisting victims specific to the specialization or focus of the nongovernment organization advocacy services provider and includes this part regarding privileged confidential communication; and
(ii)
(A) that have been approved or provided by the Office for Victims of Crime; or
(B) that meets other minimally equivalent standards set forth by the nongovernment organization advocacy services provider; and
(d) is under the supervision of the director or the director's designee of the nongovernment organization advocacy services provider.
(8) "Record" means a book, letter, document, paper, map, plan, photograph, file, card, tape, recording, electronic data, or other documentary material regardless of physical form or characteristics.
(9) "Victim" means:
(a) a victim of a crime as defined in Section 77-38-2;
(b) an individual who is a victim of domestic violence as defined in Section 77-36-1; or
(c) an individual who is a victim of dating violence as defined in Section 78B-7-102.
(10)
(a) "Victim advocate" means:
(i) a criminal justice system victim advocate;
(ii) a nongovernment organization victim advocate; or
(iii) an individual who is employed or authorized to volunteer by a public or private entity and is designated by the Office for Victims of Crime as having the specific purpose of providing advocacy services to or for the clients of the public or private entity.
(b) "Victim advocate" does not include an employee of the Office for Victims of Crime.
Amended by Chapter 291, 2026 General Session
Utah Code § 77-38-404 Scope of part.
77-38-404. Scope of part.
This part governs the disclosure of a confidential communication to a victim advocate, except that:
(1) if Title 53H, Chapter 14, Part 4, Confidential Communications for Institutional Advocacy Services, applies, that part governs; and
(2) if Part 2, Confidential Communications for Sexual Assault Act, applies, that part governs.
Amended by Chapter 9, 2025 Special Session 1
Utah Code § 77-38-405 Disclosure of a communication given to a victim advocate.
77-38-405. Disclosure of a communication given to a victim advocate.
(1)
(a) A victim advocate may not disclose a confidential communication with a victim, including a confidential communication in a group therapy session, except:
(i) that a criminal justice system victim advocate shall provide the confidential communication to a prosecutor who is responsible for determining whether the confidential communication is exculpatory or goes to the credibility of a witness;
(ii) that a criminal justice system victim advocate may provide the confidential communication to a parent or guardian of a victim if the victim is a minor and the parent or guardian is not the accused, or a law enforcement officer, health care provider, mental health therapist, domestic violence shelter employee, an employee of the Office for Victims of Crime, or member of a multidisciplinary team assembled by a Children's Justice Center or a law enforcement agency for the purpose of providing advocacy services; or
(iii) to the extent allowed by the Utah Rules of Evidence.
(b) If a prosecutor determines that the confidential communication is exculpatory or goes to the credibility of a witness, after the court notifies the victim and the defense attorney of the opportunity to be heard at an in camera review, the prosecutor will present the confidential communication to the victim, defense attorney, and the court for in camera review in accordance with the Utah Rules of Evidence.
(2) A record that contains information from a confidential communication between a victim advocate and a victim may not be disclosed under Title 63G, Chapter 2, Government Records Access and Management Act, to the extent that it includes the information about the confidential communication.
(3) A criminal justice system victim advocate, as soon as reasonably possible, shall notify a victim, or a parent or guardian of the victim if the victim is a minor and the parent or guardian is not the accused:
(a) whether a confidential communication with the criminal justice system victim advocate will be disclosed to a prosecutor and whether a statement relating to the incident that forms the basis for criminal charges or goes to the credibility of a witness will also be disclosed to the defense attorney; and
(b) of the name, location, and contact information of one or more nongovernment organization advocacy services providers specializing in the victim's service needs, when a nongovernment organization advocacy services provider exists and is known to the criminal justice system victim advocate.
Amended by Chapter 291, 2026 General Session
Source: Utah Office of Legislative Research and General Counsel (le.utah.gov)URL: https://le.utah.gov/xcode/Title77/Chapter38/77-38-P4.html?v=C77-38-P4_2019051420190514Fetched: 10/26/2026