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Senate passes bills to expand investigative committee powers, clarify immunity and allow limited out‑of‑state counsel and investigators

Utah State Senate · July 17, 2013
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Summary

The Senate approved House Bill 1001 clarifying investigative committee powers and use immunity, and passed HB1002 and HB1003 to allow limited out‑of‑state counsel and temporary investigator licensing for legislative investigative work.

The Utah Senate approved a package of bills aimed at clarifying the authority and procedures of legislative investigative committees and expanding limited licensing options for investigators and counsel hired to assist such committees.

House Bill 1001, described by sponsors as addressing five specific areas, was presented as temporary and tied to the life of any special investigative committee. Senator Adams summarized the bill's components: modified grounds for closed records or meetings to avoid interfering with criminal investigations, clarified authority for granting "use immunity," subpoena power for investigative committees, and a retroactive effect if a two‑thirds vote is recorded. "Use immunity in the law is immunity that's granted that you may not use the statements or the evidence presented before the body that immunity was granted," Senator Valentine explained to the chamber.

Senator Hilliard cautioned legislators about broad immunity powers, saying he was "personally very hesitant about granting immunity power" and urged careful consideration of any grant. Senator Stevenson sought and received confirmation that the bill's immunity provision would not prevent federal or state prosecution where evidence independently developed by prosecutors exists.

Under motions to suspend usual reading requirements, HB1001 passed by roll call and was sent to the House for final processing.

The Senate also approved House Bill 1002 to allow hiring out‑of‑state attorneys as special counsel under the legislative general counsel's supervision, and House Bill 1003 to create a limited-use license permitting an investigator licensed in another state to serve a legislative investigative committee. Sponsors described both measures as narrow changes to permit necessary expertise when investigative needs require outside counsel or investigators. Both bills passed on roll-call votes and were transmitted for enrollment.

Lawmakers characterized the statutory changes as temporary tools tied to the needs of investigative bodies and emphasized that any use of immunity would be narrowly constrained by existing protections and prosecutorial ability to use other evidence.