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Subpoena-power measure fails in Utah House after debate on defense rights
Summary
House Bill 192, which would allow limited investigative subpoenas and require notice to defense counsel in certain circumstances, failed in the House on a 31–43 vote after members questioned equal application to defense and cited State v. Gutierrez.
House Bill 192 (Subpoena Power Amendments) failed on the Utah House floor after extended questions about scope and fairness. Representative Hendrickson, sponsor of the measure, said the bill would “fix that problem in a manner fair to everyone,” explaining it is intended to allow prosecutors to require witness interviews in limited cases while providing notice and the opportunity for defense counsel to attend and cross-examine.
During debate Representative Bradshaw asked whether the same deposition authority would be given to defense counsel; Hendrickson replied it would not at this time. Members cited case law concerns, including reference to State v. Gutierrez, and several legislators pressed on potential constitutional and procedural implications. The sponsor said the measure would be used only in rare cases where witnesses were uncooperative and estimated a handful of applications per year.
After summation, the House closed voting: HB 192 received 31 yes votes and 43 no votes and did not advance. The chair indicated the bill would be returned to Rules and filed.
