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SALT LAKE CITY -- State and county prosecutors might have an easier time convening a grand jury under a proposed slight word change in state law.
Prosecutors seeking a grand jury must justify it before a five-judge panel. Under current law, the panel calls a grand jury if it finds good cause exists. A change proposed in SB133 would allow the panel to call a grand jury unless it finds good cause does not exist.
In Utah, preliminary hearings are typically used in criminal cases to determine whether there is enough evidence for a trial, though grand juries are also an option.
The Utah Association of Criminal Defense Lawyers earlier argued that the change opens the chance for abuse because grand jury hearings are held in secret while preliminary hearings are public.
Bill sponsor Sen. John Valentine, R-Orem, said the change will go a long way in making grand juries work more effectively. He said it is a valuable tool especially when the witness is a child or sexual assault victim. The Senate approved the bill 24-1. It now goes to the House.
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