Utah representative walks back victim advocate confidentiality bill, saying he needs more time and a task force to study the issue

A contentious bill defining what information shared between a person and their victim advocate can remain confidential was retooled Friday to instead create a task force to study the issue.

The House Judiciary Standing Committee unanimously approved Rep. Michael McKell’s substitution to HB 298, and the bill will move to the full House for approval.

HB 298 originally sought to define what information told by a victim to their advocate can remain confidential.

Many who work with domestic violence victims were concerned because the bill would require a victim advocate to disclose information that may benefit the accused in court, according to an Utah Domestic Violence Coalition advocacy email sent Thursday evening.

McKell, R-Spanish Fork, who chairs the committee, told lawmakers Friday that the issue was more complicated than he thought at the beginning of the session, and he needed more time and information to write the bill.

He told The Salt Lake Tribune later Friday that the state courts brought him the most compelling argument: Can the issues be fixed with legislation or do court rules need to change?

“Can we do it through statute? Do we change evidentiary rules? And it’s a difficult task,” he said. “My number one priority is to get it right and make sure that we appropriately address the issue.”

His proposed task force would include legislators and representatives of the state court, the Utah Office for Victims of Crimes and the state attorney general’s office, according to the bill. They would study the issue and report back to the committee during the November interim session with any findings and new legislation.

Committee member Rep. Ken Ivory, R-West Jordan, said he was appreciative of the substitute bill because he had concerns with the clarity and vision of original version.

“Clearly, if victims come forward, and they don’t have the assurance of confidentiality, they’re not going to come forward,“ Ivory said. “They’re not going to tell their story. It’s going to be an inefficient administration of justice.”

Deputy Utah County Attorney Craig Johnson said he supported the task force because of issues he’s seen as a prosecutor.

Johnson said defense attorneys have been filing motions in court for victim coordinators to turn over their notes so the defense attorneys can prepare for court. Johnson said he’s seen some judges allow it, while others don’t.

He said the divide has created a “chilling effect” in his office, and that some prosecutors have asked victim coordinators not to take notes when talking to victims so they won’t be required to turn over the notes to the defense.

Gary Scheller, director of the Utah Office for Victims of Crime; Heather Wolsey, survivor of and advocate against domestic violence; and Stop Abuse Campaign Director Ronni Adams spoke in favor of the new bill.

One person testified against both versions of the bill: Terry Mitchell.

Mitchell, who was allegedly sexually assaulted by a federal prosecutor in 1981 when she was a witness to a double murder, said the original bill and its substitute could hurt victims who are already afraid to speak.

Committee vice chairman Rep. V. Lowry Snow, R-St. George, told Mitchell he suspected she’d be asked to give her testimony to the task force.