This bill amends statutes related to capital felony cases.
This bill:
- defines terms;
- clarifies the statutory provisions regarding a sentencing proceeding in a capital felony case;
- requires the sentencing court to advise a defendant in a capital felony case of the right to a direct appeal and of the statutory provisions for postconviction relief;
- requires the sentencing court to appoint appellate counsel for a defendant who is sentenced to death;
- modifies the automatic review process by the Utah Supreme Court in a capital felony case in which the defendant is sentenced to death;
- addresses the priority of capital felony cases;
- addresses the extension of a report on a defendant's competency to stand trial;
- allows for the appointment of a psychologist to determine if a defendant is intellectually disabled when a prosecutor intends to seek a sentence of death;
- modifies statutory provisions regarding the pretrial process for determining whether an individual is intellectually disabled and not subject to a sentence of death;
- allows for an appeal of an order determining whether a defendant is intellectually disabled and not subject to a sentence of death;
- clarifies statutes regarding the execution of a sentence of death;
- modifies the requirements for a stay or suspension of a sentence of death and for an order of execution;
- modifies statutory provisions regarding a notification of pregnancy or incompetency of an inmate who is sentenced to death;
- addresses a petition for an inquiry on whether a defendant is competent to be executed, including the requirements for a successive petition;
- amends the examination process for a petition to determine whether an inmate is competent to be executed;
- addresses the procedures when there is a finding of competency or incompetency for an inmate sentenced to death;
- amends the subject matter jurisdiction of the Utah Supreme Court and the district court with regard to a capital felony case;
- provides that the Utah Supreme Court, after a direct appeal, appoint defense counsel to represent an individual sentenced to death on a petition for postconviction relief;
- requires the Utah Supreme Court to maintain a list of qualified defense counsel for purposes of appointing defense counsel for an individual sentenced to death on a petition for postconviction relief;
- increases the amount of attorney fees and litigation expenses that a court may authorize for a petition for postconviction relief in a death penalty case;
- repeals a statute pertaining to capital cases; and
- makes technical and conforming changes.

Statutes affected:
Introduced: 76-3-206, 76-3-207, 77-15-5, 77-19-6, 77-19-8, 77-19-9, 77-19-10, 77-19-201, 77-19-202, 77-19-203, 77-19-204, 77-19-205, 78A-3-102, 78A-5-102, 78B-9-202