reglab/statecodes huggingface dataset:
2023 Utah Code › Title 78B - Judicial Code › Chapter 8 - Miscellaneous › Part 4 - Disease Testing for Peace Officers, Health Care Providers, and Volunteers › Section 404 - Department authority -- Rules.

Effective 5/3/2023
78B-8-404.
Department authority -- Rules.
The Labor Commission, in consultation with the Department of Health and Human Services, has authority to establish rules necessary for the purposes of Subsections 78B-8-401(2) and (8).
Amended by Chapter 330, 2023 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 8 - Miscellaneous › Part 4 - Disease Testing for Peace Officers, Health Care Providers, and Volunteers › Section 405 - Construction.

Effective 5/9/2017
78B-8-405.
Construction.
Nothing in this part may be construed as prohibiting a person from voluntarily consenting to the request of a health care provider to submit to testing following a significant exposure.
Amended by Chapter 185, 2017 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 8 - Miscellaneous › Part 5 - Small Business Equal Access to Justice Act › Section 502 - Legislative findings -- Purpose.

78B-8-502.
Legislative findings -- Purpose.
The Legislature finds that small businesses may be deterred from seeking review of or defending against substantially unjustified governmental action because of the expense involved in securing the vindication of their rights. The purpose of this part is to entitle small businesses, under conditions set forth in this act, to recover reasonable litigation expenses.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 8 - Miscellaneous › Part 5 - Small Business Equal Access to Justice Act › Section 503 - Definitions.

78B-8-503.
Definitions.
As used in this part:
(1) "Prevail" means to obtain favorable final judgment, the right to all appeals having been exhausted, on the merits, on substantially all counts or charges in the action and with respect to the most significant issue or set of issues presented, but does not include the settlement of any action, either by stipulation, consent decree or otherwise, whether or not settlement occurs before or after any hearing or trial.
(2) "Reasonable litigation expenses" means court costs, administrative hearing costs, attorney fees, and witness fees of all necessary witnesses, not in excess of $25,000 which a court finds were reasonably incurred in opposing action covered under this part.
(3) "Small business" means a commercial or business entity, including a sole proprietorship, which does not have more than 250 employees, but does not include an entity which is a subsidiary or affiliate of another entity which is not a small business.
(4) "State" means any department, board, institution, hospital, college, or university of the state of Utah or any political subdivision thereof, except with respect to actions brought under Title 76, Chapter 10, Part 31, Utah Antitrust Act.
Amended by Chapter 187, 2013 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 8 - Miscellaneous › Part 5 - Small Business Equal Access to Justice Act › Section 504 - Litigation expense award authorized in actions by state.

78B-8-504.
Litigation expense award authorized in actions by state.
In any civil judicial action commenced by the state, which involves the business regulatory functions of the state, a court may award reasonable litigation expenses to any small business which is a named party in the action if the small business prevails and the court finds that the state action was undertaken without substantial justification.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 8 - Miscellaneous › Part 5 - Small Business Equal Access to Justice Act › Section 505 - Litigation expense award authorized in appeals from administrative decisions.

78B-8-505.
Litigation expense award authorized in appeals from administrative decisions.
(1) In any civil judicial appeal taken from an administrative decision regarding a matter in which the administrative action was commenced by the state, and which involves the business regulatory functions of the state, a court may award reasonable litigation expenses to any small business which is a named party if the small business prevails in the appeal and the court finds that the state action was undertaken without substantial justification.
(2) Any state agency or political subdivision may require by rule or ordinance that a small business exhaust administrative remedies prior to making a claim under this part.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 8 - Miscellaneous › Part 5 - Small Business Equal Access to Justice Act › Section 506 - Payment of expenses awarded -- Statement required in agency's budget.

78B-8-506.
Payment of expenses awarded -- Statement required in agency's budget.
Expenses awarded under this part shall be paid from funds in the regular operating budget of the state entity. If sufficient funds are not available in the budget of the entity, the expenses shall be considered a claim governed by the provisions of Title 63G, Chapter 9, Board of Examiners Act. Every state entity against which litigation expenses have been awarded under this part shall, at the time of submission of its proposed budget, submit a report to the governmental body which appropriates its funds in which the amount of expenses awarded and paid under this act during the fiscal year is stated.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 8 - Miscellaneous › Part 6 - Transportation of Forest Products or Native Vegetation › Section 601 - Definitions.

78B-8-601.
Definitions.
For purposes of this part:
(1) "Forest products" means any tree or portion thereof before it is manufactured into dimensional lumber, timbers, and ties, or mill peeled and made into power poles or house logs, including but not limited to coniferous and deciduous trees, Christmas trees, sawlogs, poles, posts, pulp logs, and fuelwood.
(2) "Native vegetation" means all other forest, desert, or rangeland vegetation including but not limited to shrubs, flora, roots, bulbs, and seed.
Enacted by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 8 - Miscellaneous › Part 6 - Transportation of Forest Products or Native Vegetation › Section 602 - Proof of ownership required to harvest or transport forest products or native vegetation -- Requirements for proof of ownership.

78B-8-602.
Proof of ownership required to harvest or transport forest products or native vegetation -- Requirements for proof of ownership.
(1) It is unlawful for any person, firm, company, partnership, corporation, or business to harvest or transport timber, forest products, or other native vegetation without proof of ownership.
(2) Proof of ownership requires possession of:
(a) a contract, permit, or other writing issued by the landowner or proper state or federal agency;
(b) a bill of sale, or other sales receipt;
(c) a bill of lading or product load receipt;
(d) a ticket issued by the seller authorizing harvesting or removal; or
(e) any other legal instrument.
(3) The document required in Subsection (1) shall be issued by the landowner or proper state or federal agency and shall provide the following information:
(a) date of execution;
(b) name and address of person authorized to harvest or transport the products, if different from the purchaser;
(c) a legal or other sufficient description of the property from which the products are harvested or removed;
(d) the estimated amount or volume, species, and other pertinent information regarding the products harvested or transported;
(e) the delivery or scaling point;
(f) the name and address of the purchaser of the products;
(g) the name and address of the landowner, agency, or vendor; and
(h) an expiration date.
Enacted by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 8 - Miscellaneous › Part 6 - Transportation of Forest Products or Native Vegetation › Section 603 - Transportation of forest products or native vegetation into or through the state.

78B-8-603.
Transportation of forest products or native vegetation into or through the state.
Timber, forest products, or native vegetation transported into or through the state shall be accompanied by a shipping permit or proof of ownership.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 8 - Miscellaneous › Part 6 - Transportation of Forest Products or Native Vegetation › Section 604 - Enforcement.

78B-8-604.
Enforcement.
Any law enforcement officer specified in Section 53-13-103, or ranger, or special agent of the United States Forest Service or the United States Bureau of Land Management may:
(1) stop any vehicle or means of conveyance, including common carriers, containing timber, forest products, or native vegetation upon any road or highway of this state for the purpose of making an inspection and investigation but may not unduly detain a driver of such vehicle or means of conveyance;
(2) inspect the timber, forest product, or native vegetation in any vehicle, or other means of conveyance, including common carrier, to determine whether the provisions of this chapter have been complied with;
(3) seize and hold any timber, forest product, or native vegetation harvested, removed, or transported in violation of this part; and
(4) sell or dispose of the timber, forest product, or native vegetation as provided by rule by the appropriate agency.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 8 - Miscellaneous › Part 6 - Transportation of Forest Products or Native Vegetation › Section 605 - Exemptions.

78B-8-605.
Exemptions.
The provisions of this part do not apply to the transportation of:
(1) wood chips, sawdust, and bark;
(2) products transported by the owner of the property or his agent from which the products were removed; or
(3) products for personal consumption incidental to camping and picnicking which is limited to the amount:
(a) needed for the duration of the picnic or campout; and
(b) used at the campsite.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 8 - Miscellaneous › Part 6 - Transportation of Forest Products or Native Vegetation › Section 606 - Violation as misdemeanor.

78B-8-606.
Violation as misdemeanor.
Violation of Sections 78B-8-602 through 78B-8-604 is a class B misdemeanor.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 8 - Miscellaneous › Part 7 - Utah Alternative Dispute Process for ADA Complaints Act › Section 701 - Definitions.

Effective 5/12/2020
78B-8-701.
Definitions.
As used in this part:
(1) "Americans with Disabilities Act" means the public accommodation protections of Title III of the Americans with Disabilities Act, 42 U.S.C. Secs. 12181 through 12189.
(2) "Prospective defendant" means a person that is an owner, lessor, or operator of a public accommodation, or a designated agent of the owner, lessor, or operator for service of process.
(3) "Prospective plaintiff" means an individual with a disability who may bring a cause of action under the Americans with Disabilities Act, 42 U.S.C. Sec. 12188.
(4) "Public accommodation" means the same as that term is defined in 42 U.S.C. Sec. 12181.
Enacted by Chapter 133, 2020 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 8 - Miscellaneous › Part 7 - Utah Alternative Dispute Process for ADA Complaints Act › Section 703 - Final warning of a violation.

Effective 5/12/2020
78B-8-703.
Final warning of a violation.
(1) A prospective plaintiff may provide a prospective defendant with a final warning of an alleged violation of the Americans with Disabilities Act if the prospective plaintiff provided the prospective defendant with notice of the alleged violation in accordance with Section 78B-8-702 and the prospective defendant failed to remedy the alleged violation within the 90-day period described in Section 78B-8-702.
(2) A final warning under Subsection (1) shall include:
(a) a copy of the written notice and unsworn declaration described in Section 78B-8-702;
(b) a statement that the prospective defendant has 30 days after the day on which the final warning is received to remedy the alleged violation;
(c) a statement that the prospective defendant must provide the prospective plaintiff with proof that an inspection of the public accommodation has been conducted to determine whether the public accommodation is in compliance with the Americans with Disabilities Act and that the prospective defendant is responsible for the costs of the inspection;
(d) a statement that the prospective defendant has 14 days from the day on which the prospective defendant receives the final warning to respond and indicate whether the prospective defendant will remedy the alleged violation; and
(e) the amount of reasonable attorney fees and costs that the prospective defendant owes the prospective plaintiff under Subsection (5).
(3) If a prospective plaintiff sends a final notice under Subsection (1), the prospective defendant shall be given 30 days after the day on which the prospective defendant receives the final warning to remedy an alleged violation.
(4)
(a) If a prospective plaintiff sends a final warning under this section, the prospective defendant shall obtain an inspection, at the prospective defendant's expense, to determine whether the public accommodation is in compliance with the Americans with Disabilities Act.
(b) A prospective defendant is required to provide the prospective plaintiff with proof of the inspection described in Subsection (4)(a) but is not required to provide the prospective plaintiff with the results of that inspection.
(5) A prospective plaintiff may demand no more than the cost of one hour of reasonable attorney fees from the prospective defendant in the final warning described in Subsection (2).
Enacted by Chapter 133, 2020 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 8 - Miscellaneous › Part 7 - Utah Alternative Dispute Process for ADA Complaints Act › Section 704 - Filing a civil action.

Effective 5/12/2020
78B-8-704.
Filing a civil action.
This part does not prevent a prospective plaintiff from seeking any available remedies for an alleged violation under the Americans with Disabilities Act.
Enacted by Chapter 133, 2020 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 8 - Miscellaneous › Part 7 - Utah Alternative Dispute Process for ADA Complaints Act › Section 705 - Severability.

Effective 5/12/2020
78B-8-705.
Severability.
(1) If any provision of this part or the application of any part to any person or circumstance is held invalid by a court, the remainder of this part shall be given effect without the invalid provision or application.
(2) The provisions of this part are severable.
Enacted by Chapter 133, 2020 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 9 - Postconviction Remedies Act › Part 1 - General Provisions › Section 101 - Title.

78B-9-101.
Title.
This chapter is known as the "Post-Conviction Remedies Act."
Renumbered and Amended by Chapter 3, 2008 General Session
Amended by Chapter 288, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 9 - Postconviction Remedies Act › Part 1 - General Provisions › Section 102 - Replacement of prior remedies.

Effective 5/9/2017
78B-9-102.
Replacement of prior remedies.
(1)
(a) This chapter establishes the sole remedy for any person who challenges a conviction or sentence for a criminal offense and who has exhausted all other legal remedies, including a direct appeal except as provided in Subsection (2). This chapter replaces all prior remedies for review, including extraordinary or common law writs. Proceedings under this chapter are civil and are governed by the rules of civil procedure. Procedural provisions for filing and commencement of a petition are found in Rule 65C, Utah Rules of Civil Procedure.
(b) A court may not enter an order to withdraw, modify, vacate or otherwise set aside a plea unless it is in conformity with this chapter or Section 77-13-6.
(2) This chapter does not apply to:
(a) habeas corpus petitions that do not challenge a conviction or sentence for a criminal offense;
(b) motions to correct a sentence pursuant to Rule 22(e), Utah Rules of Criminal Procedure; or
(c) actions taken by the Board of Pardons and Parole.
Amended by Chapter 450, 2017 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 9 - Postconviction Remedies Act › Part 1 - General Provisions › Section 103 - Applicability -- Effect on petitions.

78B-9-103.
Applicability -- Effect on petitions.
Except for the limitation period established in Section 78B-9-107, this chapter applies only to post-conviction proceedings filed on or after July 1, 1996.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 9 - Postconviction Remedies Act › Part 1 - General Provisions › Section 105 - Burden of proof.

Effective 5/4/2022
78B-9-105.
Burden of proof.
(1)
(a) Except for claims raised under Subsection 78B-9-104(1)(h), the petitioner has the burden of pleading and proving by a preponderance of the evidence the facts necessary to entitle the petitioner to relief.
(b) For claims raised under Subsection 78B-9-104(1)(h), the petitioner has the burden of pleading and proving by clear and convincing evidence the facts necessary to entitle the petitioner to relief.
(c) The court may not grant relief without determining that the petitioner is entitled to relief under the provisions of this chapter and in light of the entire record, including the record from the criminal case under review.
(2) The respondent has the burden of pleading any ground of preclusion under Section 78B-9-106, but once a ground has been pled, the petitioner has the burden to disprove its existence by a preponderance of the evidence.
Amended by Chapter 120, 2022 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 9 - Postconviction Remedies Act › Part 1 - General Provisions › Section 106 - Preclusion of relief -- Exception.

Effective 5/5/2021
78B-9-106.
Preclusion of relief -- Exception.
(1) A petitioner is not eligible for relief under this chapter upon any ground that:
(a) may still be raised on direct appeal or by a post-trial motion;
(b) was raised or addressed in the trial court, at trial, or on appeal;
(c) could have been but was not raised in the trial court, at trial, or on appeal;
(d) was raised or addressed in any previous request for post-conviction relief or could have been, but was not, raised in a previous request for postconviction relief; or
(e) is barred by the limitation period established in Section 78B-9-107.
(2)
(a) The state may raise any of the procedural bars or time bar at any time, including during an appeal from an order granting or denying postconviction relief, unless the court determines that the state should have raised the time bar or procedural bar at an earlier time.
(b) Any court may raise a procedural bar or time bar on the court's own motion, provided that the court gives the parties notice and an opportunity to be heard.
(3)
(a) Notwithstanding Subsection (1)(c), a petitioner may be eligible for relief on a basis that the ground could have been but was not raised in the trial court, at trial, or on appeal, if the failure to raise that ground was due to ineffective assistance of counsel.
(b) Notwithstanding Subsections (1)(c) and (1)(d), a petitioner may be eligible for relief on a basis that the ground could have been but was not raised in the trial court, at trial, on appeal, or in a previous request for postconviction relief, if the failure to raise that ground was due to force, fraud, or coercion as defined in Section 76-5-308.
(4) This section authorizes a merits review only to the extent required to address the exception set forth in Subsection (3).
(5) This section does not apply to a petition filed under Part 3, Postconviction Testing of DNA, or Part 4, Postconviction Determination of Factual Innocence.
Amended by Chapter 46, 2021 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 9 - Postconviction Remedies Act › Part 1 - General Provisions › Section 107 - Statute of limitations for postconviction relief.

Effective 5/4/2022
78B-9-107.
Statute of limitations for postconviction relief.
(1) A petitioner is entitled to relief only if the petition is filed within one year after the day on which the cause of action has accrued.
(2) For purposes of this section, the cause of action accrues on the later of the following dates:
(a) the last day for filing an appeal from the entry of the final judgment of conviction, if no appeal is taken;
(b) the entry of the decision of the appellate court that has jurisdiction over the case, if an appeal is taken;
(c) the last day for filing a petition for writ of certiorari in the Utah Supreme Court or the United States Supreme Court, if no petition for writ of certiorari is filed;
(d) the entry of the denial of the petition for writ of certiorari or the entry of the decision on the petition for certiorari review, if a petition for writ of certiorari is filed;
(e) the date on which petitioner knew or should have known, in the exercise of reasonable diligence, of evidentiary facts on which the petition is based; or
(f) the date on which the new rule described in Subsection 78B-9-104(1)(g) is established.
(3)
(a) The limitations period is tolled for any period during which the petitioner was prevented from filing a petition due to state action in violation of the United States Constitution, due to physical or mental incapacity, or for claims arising under Subsection 78B-9-104(1)(h), due to force, fraud, or coercion as defined in Section 76-5-308.
(b) The petitioner has the burden of proving by a preponderance of the evidence that the petitioner is entitled to relief under this Subsection (3).
(4) The statute of limitations is tolled during the pendency of the outcome of a petition asserting:
(a) exoneration through DNA testing under Section 78B-9-303; or
(b) factual innocence under Section 78B-9-402.
(5) Sections 77-19-8, 78B-2-104, and 78B-2-111 do not extend the limitations period established in this section.
(6) This section does not apply to a petition filed under Part 3, Postconviction Testing of DNA, or Part 4, Postconviction Determination of Factual Innocence.
Amended by Chapter 120, 2022 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 9 - Postconviction Remedies Act › Part 1 - General Provisions › Section 108 - Effect of granting relief -- Notice.

Effective 5/4/2022
78B-9-108.
Effect of granting relief -- Notice.
(1) If the court grants the petitioner's request for relief, except requests for relief under Subsection 78B-9-104(1)(h), the court shall either:
(a) modify the original conviction or sentence; or
(b) vacate the original conviction or sentence and order a new trial or sentencing proceeding as appropriate.
(2) If the court grants the petitioner's request for relief under Subsection 78B-9-104(1)(h), the court shall:
(a) vacate the original conviction and sentence; and
(b) order the petitioner's records expunged in accordance with Section 77-40a-402.
(3)
(a) If the petitioner is serving a felony sentence, the order shall be stayed for five days. Within the stay period, the respondent shall give written notice to the court and the petitioner that the respondent will pursue a new trial or sentencing proceedings, appeal the order, or take no action.
(b) If the respondent fails to provide notice or gives notice at any time during the stay period that it intends to take no action, the court shall lift the stay and deliver the order to the custodian of the petitioner.
(c) If the respondent gives notice of intent to appeal the court's decision, the stay provided for by Subsection (3)(a) shall remain in effect until the appeal concludes, including any petitions for rehearing or for discretionary review by a higher court. The court may lift the stay if the petitioner can make the showing required for a certificate of probable cause under Section 77-20-302 and Utah Rules of Criminal Procedure, Rule 27.
(d) If the respondent gives notice that it intends to retry or resentence the petitioner, the trial court may order any supplementary orders as to arraignment, trial, sentencing, custody, bail, discharge, or other matters that may be necessary.
Amended by Chapter 120, 2022 General Session
Amended by Chapter 250, 2022 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 9 - Postconviction Remedies Act › Part 1 - General Provisions › Section 109 - Appointment of pro bono counsel or counsel from Indigent Appellate Defense Division.

Effective 5/4/2022
78B-9-109.
Appointment of pro bono counsel or counsel from Indigent Appellate Defense Division.
(1)
(a) If any portion of the petition is not summarily dismissed, the court may, upon the request of an indigent petitioner, appoint counsel on a pro bono basis or from the Indigent Appellate Defense Division, created in Section 78B-22-902, to represent the petitioner in the postconviction court or on postconviction appeal.
(b) Counsel who represented the petitioner at trial or on the direct appeal may not be appointed to represent the petitioner under this section.
(2) In determining whether to appoint counsel, the court may consider:
(a) whether the petitioner is incarcerated;
(b) the likelihood that an evidentiary hearing will be necessary;
(c) the likelihood that an investigation will be necessary;
(d) the complexity of the factual and legal issues; and
(e) any other factor relevant to the particular case.
(3) An allegation that counsel appointed under this section was ineffective cannot be the basis for relief in any subsequent postconviction petition.
Amended by Chapter 295, 2022 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 9 - Postconviction Remedies Act › Part 1 - General Provisions › Section 110 - Appeal -- Jurisdiction.

78B-9-110.
Appeal -- Jurisdiction.
Any party may appeal from the trial court's final judgment on a petition for post-conviction relief to the appellate court having jurisdiction pursuant to Section 78A-3-102 or 78A-4-103.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 9 - Postconviction Remedies Act › Part 2 - Capital Sentence Cases › Section 201 - Post-conviction remedies -- 30 days.

78B-9-201.
Post-conviction remedies -- 30 days.
A post-conviction remedy may not be applied for or entertained by any court within 30 days prior to the date set for execution of a capital sentence, unless the grounds for application are based on facts or circumstances which developed or first became known within that period of time.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 9 - Postconviction Remedies Act › Part 3 - Postconviction Testing of DNA › Section 302 - Effect of petition for postconviction DNA testing -- Requests for appointment of counsel -- Appeals -- Subsequent postconviction petitions.

78B-9-302.
Effect of petition for postconviction DNA testing -- Requests for appointment of counsel -- Appeals -- Subsequent postconviction petitions.
(1) The filing of a petition for DNA testing constitutes the person's consent to provide samples of body fluids for use in the DNA testing.
(2) The data from any DNA samples or test results obtained as a result of the petition may be entered into law enforcement DNA databases.
(3) The filing of a petition for DNA testing constitutes the person's waiver of any statute of limitations in all jurisdictions as to any felony offense the person has committed which is identified through DNA database comparison.
(4) The person filing the petition for postconviction DNA testing bears the cost of the testing unless:
(a) the person is serving a sentence of imprisonment;
(b) the person is indigent; and
(c) the DNA test is favorable to the petitioner.
(5)
(a) Subsections 78B-9-109(1) and (2), regarding the appointment of pro bono counsel, apply to any request for the appointment of counsel under this part.
(b) Subsection 78B-9-109(3), regarding effectiveness of counsel, applies to subsequent postconviction petitions and to appeals under this part.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 9 - Postconviction Remedies Act › Part 3 - Postconviction Testing of DNA › Section 304 - Consequences of postconviction DNA testing when result is unfavorable to person -- Procedures.

78B-9-304.
Consequences of postconviction DNA testing when result is unfavorable to person -- Procedures.
(1) If the result of postconviction DNA testing is not favorable to the person, the court shall deny the person's petition, and the court shall:
(a) report the unfavorable result to the Board of Pardons and Parole; and
(b) order the person to pay for the costs of the DNA testing unless the petitioner has already paid that cost.
(2) This section does not apply if the DNA test is inconclusive.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 9 - Postconviction Remedies Act › Part 4 - Postconviction Determination of Factual Innocence › Section 401 - Title.

78B-9-401.
Title.
This part is known as "Postconviction Determination of Factual Innocence."
Enacted by Chapter 358, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 9 - Postconviction Remedies Act › Part 4 - Postconviction Determination of Factual Innocence › Section 401.5 - Definitions.

78B-9-401.5.
Definitions.
As used in this part:
(1) "Bona fide and compelling issue of factual innocence" means that the newly discovered material evidence presented by the petitioner, if credible, would clearly establish the factual innocence of the petitioner.
(2) "Factual innocence" or "factually innocent" means a person did not:
(a) engage in the conduct for which the person was convicted;
(b) engage in conduct relating to any lesser included offenses of the crime for which the person was convicted; or
(c) commit any other felony arising out of or reasonably connected to the facts supporting the indictment or information upon which the person was convicted.
(3) "Newly discovered material evidence" means evidence that was not available to the petitioner at trial or during the resolution on the merits by the trial court of any motion to withdraw a guilty plea or motion for new trial and which is relevant to the determination of the issue of factual innocence, and may also include:
(a) evidence which was discovered prior to or in the course of any appeal or postconviction proceedings that served in whole or in part as the basis for vacatur or reversal of the conviction of petitioner; or
(b) evidence that supports the claims within a petition filed under Part 1, General Provisions, which is pending at the time of the court's determination of factual innocence.
(4) "Period of incarceration" means any sentence of imprisonment, including jail, which was served after judgement of conviction.
Enacted by Chapter 153, 2010 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 9 - Postconviction Remedies Act › Part 4 - Postconviction Determination of Factual Innocence › Section 403 - Requests for appointment of counsel -- Appeals -- Postconviction petitions.

78B-9-403.
Requests for appointment of counsel -- Appeals -- Postconviction petitions.
(1) Subsections 78B-9-109(1) and (2), regarding the appointment of pro bono counsel, apply to any request for the appointment of counsel under this part.
(2) Subsection 78B-9-109(3), regarding effectiveness of counsel, applies to subsequent postconviction petitions and to appeals under this part.
Enacted by Chapter 358, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 9 - Postconviction Remedies Act › Part 5 - Conviction Integrity Units Act › Section 502 - Definitions.

Effective 5/12/2020
78B-9-502.
Definitions.
As used in this part:
(1) "Bona fide and compelling evidence" means that the evidence presented by the petitioning prosecutor establishes by a preponderance of the evidence that:
(a) the convicted person is significantly likely to be factually innocent;
(b) newly discovered material evidence, if presented at or before the time of trial, judgment of conviction, or sentencing, would have resulted in a significant probability that the result would have been different; or
(c) there exists information discovered or received by the petitioning prosecution agency after a judgment of conviction and sentencing that:
(i) if disclosed to the convicted person prior to trial, judgment of conviction, or sentencing, would have resulted in a significant probability that the result would have been different; or
(ii) significantly calls into question the legitimacy of the jury verdict, judgment of conviction, or sentence.
(2) "Convicted person" means the person whose conviction or sentence is under review.
(3) "Conviction Integrity Unit" means a program established by a prosecution agency to conduct extrajudicial, fact-based reviews of criminal convictions and sentences.
(4) "Establishing office" means the prosecution agency establishing a conviction integrity unit.
(5) "Factually innocent" means the same as that term is defined in Section 78B-9-401.5.
(6) "Legitimacy" means consistent with the United States and Utah constitutions, federal and state law, and all rules and principles of a fair and just legal system.
(7) "Newly discovered material evidence" means the same as that term is defined in Section 78B-9-401.5.
(8) "Petitioning prosecutor" means the prosecutor who files a civil petition seeking relief under this part.
(9) "Prosecution agency" means a county attorney, district attorney, the Office of the Attorney General, or other prosecution agency.
(10) "Significant" or "significantly likely," for purposes of this part, means to a large degree or of a noticeably or measurably large amount.
Enacted by Chapter 203, 2020 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 10 - Utah Uniform Mediation Act › Section 102 - Definitions.

78B-10-102.
Definitions.
As used in this chapter:
(1) "Mediation" means a process in which a mediator facilitates communication and negotiation between parties to assist them in reaching a voluntary agreement regarding their dispute.
(2) "Mediation communication" means conduct or a statement, whether oral, in a record, verbal, or nonverbal, that occurs during a mediation or is made for purposes of considering, conducting, participating in, initiating, continuing, or reconvening a mediation or retaining a mediator.
(3) "Mediation party" means a person that participates in a mediation and whose agreement is necessary to resolve the dispute.
(4) "Mediator" means an individual who is neutral and conducts a mediation.
(5) "Nonparty participant" means a person, other than a party or mediator, that participates in a mediation.
(6) "Person" means an individual, corporation, estate, trust, business trust, partnership, limited liability company, association, joint venture, government, governmental subdivision, agency, or instrumentality, public corporation, or any other legal or commercial entity.
(7) "Proceeding" means:
(a) a judicial, administrative, arbitral, or other adjudicative process, including related prehearing and posthearing motions, conferences, and discovery; or
(b) a legislative hearing or similar process.
(8) "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
(9) "Sign" means:
(a) to execute or adopt a tangible symbol with the present intent to authenticate a record; or
(b) to attach or logically associate an electronic symbol, sound, or process to or with a record with the present intent to authenticate a record.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 10 - Utah Uniform Mediation Act › Section 103 - Scope.

78B-10-103.
Scope.
(1) Except as otherwise provided in Subsection (2) or (3), this chapter applies to a mediation in which:
(a) the mediation parties are required to mediate by statute, court, or administrative agency rule or referred to mediation by a court, administrative agency, or arbitrator;
(b) the mediation parties and the mediator agree to mediate in a record that demonstrates an expectation that mediation communications will be privileged against disclosure; or
(c) the mediation parties use as a mediator an individual who holds himself or herself out as a mediator or the mediation is provided by an entity that holds itself out as providing mediation.
(2) The chapter does not apply to a mediation:
(a) relating to the establishment, negotiation, administration, or termination of a collective bargaining relationship;
(b) relating to a dispute that is pending under or is part of the processes established by a collective bargaining agreement, except that the chapter applies to a mediation arising out of a dispute that has been filed with an administrative agency or court;
(c) conducted by a judge as a part of the judge's official judicial duties; or
(d) conducted under the auspices of:
(i) a primary or secondary school if all the parties are students; or
(ii) a correctional institution for youths if all the parties are residents of that institution.
(3) If the parties agree in advance in a signed record, or a record of proceeding reflects agreement by the parties, that all or part of a mediation is not privileged, the privileges under Sections 78B-10-104 through 78B-10-106 do not apply to the mediation or part agreed upon. However, Sections 78B-10-104 through 78B-10-106 apply to a mediation communication made by a person that has not received actual notice of the agreement before the communication is made.
Amended by Chapter 232, 2012 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 10 - Utah Uniform Mediation Act › Section 104 - Privilege against disclosure -- Admissibility -- Discovery.

78B-10-104.
Privilege against disclosure -- Admissibility -- Discovery.
(1) Except as otherwise provided in Section 78B-10-106, a mediation communication is privileged as provided in Subsection (2) and is not subject to discovery or admissible in evidence in a proceeding unless waived or precluded as provided by Section 78B-10-105.
(2) In a proceeding, the following privileges apply:
(a) A mediation party may refuse to disclose, and may prevent any other person from disclosing, a mediation communication.
(b) A mediator may refuse to disclose a mediation communication, and may prevent any other person from disclosing a mediation communication of the mediator.
(c) A nonparty participant may refuse to disclose, and may prevent any other person from disclosing, a mediation communication of the nonparty participant.
(3) Evidence or information that is otherwise admissible or subject to discovery does not become inadmissible or protected from discovery solely by reason of its disclosure or use in a mediation.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 10 - Utah Uniform Mediation Act › Section 105 - Waiver and preclusion of privilege.

78B-10-105.
Waiver and preclusion of privilege.
(1) A privilege under Section 78B-10-104 may be waived in a record or orally during a proceeding if it is expressly waived by all parties to the mediation, and:
(a) in the case of the privilege of a mediator, it is expressly waived by the mediator; and
(b) in the case of the privilege of a nonparty participant, it is expressly waived by the nonparty participant.
(2) A person that discloses or makes a representation about a mediation communication which prejudices another person in a proceeding is precluded from asserting a privilege under Section 78B-10-104, but only to the extent necessary for the person prejudiced to respond to the representation or disclosure.
(3) A person that intentionally uses a mediation to plan, attempt to commit or commit a crime, or to conceal an ongoing crime or ongoing criminal activity is precluded from asserting a privilege under Section 78B-10-104.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 10 - Utah Uniform Mediation Act › Section 106 - Exceptions to privilege.

Effective 5/3/2023
78B-10-106.
Exceptions to privilege.
(1) There is no privilege under Section 78B-10-104 for a mediation communication that is:
(a) in an agreement evidenced by a record signed by all parties to the agreement;
(b) available to the public under Title 63G, Chapter 2, Government Records Access and Management Act, or made during a mediation session which is open, or is required by law to be open, to the public;
(c) a threat or statement of a plan to inflict bodily injury or commit a crime of violence;
(d) intentionally used to plan a crime, attempt to commit or commit a crime, or to conceal an ongoing crime or ongoing criminal activity;
(e) sought or offered to prove or disprove a claim or complaint of professional misconduct or malpractice filed against a mediator;
(f) except as otherwise provided in Subsection (3), sought or offered to prove or disprove a claim or complaint of professional misconduct or malpractice filed against a mediation party, nonparty participant, or representative of a party based on conduct occurring during a mediation; or
(g) subject to the reporting requirements in Section 26B-6-205 or 80-2-602.
(2) There is no privilege under Section 78B-10-104 if a court, administrative agency, or arbitrator finds, after a hearing in camera, that the party seeking discovery or the proponent of the evidence has shown that:
(a) the evidence is not otherwise available;
(b) there is a need for the evidence that substantially outweighs the interest in protecting confidentiality; and
(c) the mediation communication is sought or offered in:
(i) a court proceeding involving a felony or misdemeanor; or
(ii) except as otherwise provided in Subsection (3), a proceeding to prove a claim to rescind or reform or a defense to avoid liability on a contract arising out of the mediation.
(3) A mediator may not be compelled to provide evidence of a mediation communication referred to in Subsection (1)(f) or (2)(c)(ii).
(4) If a mediation communication is not privileged under Subsection (1) or (2), only the portion of the communication necessary for the application of the exception from nondisclosure may be admitted. Admission of evidence under Subsection (1) or (2) does not render the evidence, or any other mediation communication, discoverable or admissible for any other purpose.
Amended by Chapter 330, 2023 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 10 - Utah Uniform Mediation Act › Section 107 - Prohibited mediator reports.

78B-10-107.
Prohibited mediator reports.
(1) Except as required in Subsection (2), a mediator may not make a report, assessment, evaluation, recommendation, finding, or other communication regarding a mediation to a court, administrative agency, or other authority that may make a ruling on the dispute that is the subject of the mediation.
(2) A mediator may disclose:
(a) whether the mediation occurred or has terminated, whether a settlement was reached, and attendance;
(b) a mediation communication as permitted under Section 78B-10-106; or
(c) a mediation communication evidencing abuse, neglect, abandonment, or exploitation of an individual to a public agency responsible for protecting individuals against such mistreatment.
(3) A communication made in violation of Subsection (1) may not be considered by a court, administrative agency, or arbitrator.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 10 - Utah Uniform Mediation Act › Section 108 - Confidentiality.

78B-10-108.
Confidentiality.
Unless subject to Title 52, Chapter 4, Open and Public Meetings Act, and Title 63G, Chapter 2, Government Records Access and Management Act, mediation communications are confidential to the extent agreed by the parties or provided by other law or rule of this state.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 10 - Utah Uniform Mediation Act › Section 109 - Mediator's disclosure of conflicts of interest -- Background.

78B-10-109.
Mediator's disclosure of conflicts of interest -- Background.
(1) Before accepting a mediation, an individual who is requested to serve as a mediator shall:
(a) make an inquiry that is reasonable under the circumstances to determine whether there are any known facts that a reasonable individual would consider likely to affect the impartiality of the mediator, including a financial or personal interest in the outcome of the mediation and an existing or past relationship with a mediation party or foreseeable participant in the mediation; and
(b) disclose any known fact to the mediation parties as soon as practical before accepting a mediation.
(2) If a mediator learns any fact described in Subsection (1)(a) after accepting a mediation, the mediator shall disclose it as soon as practicable.
(3) At the request of a mediation party, an individual who is requested to serve as a mediator shall disclose the mediator's qualifications to mediate a dispute.
(4) Subsections (1), (2), (3), and (6) do not apply to an individual acting as a judge or ombudsman.
(5) This chapter does not require that a mediator have a special qualification by background or profession.
(6) A mediator must be impartial, unless after disclosure of the facts required in Subsections (1) and (2) to be disclosed, the parties agree otherwise.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 10 - Utah Uniform Mediation Act › Section 110 - Participation in mediation.

78B-10-110.
Participation in mediation.
An attorney or other individual designated by a party may accompany the party to, and participate in, a mediation. A waiver of participation given before the mediation may be rescinded.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 10 - Utah Uniform Mediation Act › Section 111 - International commercial mediation.

78B-10-111.
International commercial mediation.
(1) In this section:
(a) "International commercial mediation" means an international commercial conciliation as defined in Article 1 of the Model Law.
(b) "Model Law" means the Model Law on International Commercial Conciliation adopted by the United Nations Commission on International Trade Law on 28 June 2002 and recommended by the United Nations General Assembly in a resolution (A/RES/57/18) dated 19 November 2002.
(2) Except as otherwise provided in Subsections (3) and (4), if a mediation is an international commercial mediation, the mediation is governed by the Model Law.
(3) Unless the parties agree in accordance with Subsection 78B-10-103(3) that all or part of an international commercial mediation is not privileged, Sections 78B-10-104 through 78B-10-106 and any applicable definitions in Section 78B-10-102 of this chapter apply to the mediation and nothing in Article 10 of the Model Law derogates from Sections 78B-10-104 through 78B-10-106.
(4) If the parties to an international commercial mediation agree under Article 1, Section (7), of the Model Law that the Model Law does not apply, this chapter applies.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 10 - Utah Uniform Mediation Act › Section 112 - Relation to Electronic Signatures in Global and National Commerce Act.

78B-10-112.
Relation to Electronic Signatures in Global and National Commerce Act.
This chapter modifies, limits, or supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001 et seq., but does not modify, limit, or supersede Section 101(c) of that act or authorize electronic delivery of any of the notices described in Section 103(b) of that act.
Renumbered and Amended by Chapter 3, 2008 General Session