House Law Enforcement and Criminal Justice Committee - February 19, 2026 [Source] Translate

The meeting began with the unanimous approval of the minutes from February 17th. Representative Prucci introduced a bill focused on the death penalty process in Utah, noting that the average time on death row is 33 years, compared to the national average of 22 years. The bill aims to address competency and refine the handling of capital felony cases, specifically for aggravated murder. Key components of the bill include a pre-screening process for intellectual disability at the start of capital cases, requiring an IQ test, and a hearing for those scoring 75 or lower. It also clarifies the automatic review process by the Utah Supreme Court and eliminates the ability for defendants to raise ineffective assistance of counsel claims during direct appeals, requiring them to be addressed in separate post-conviction cases. The bill expands post-conviction counsel requirements to all capital defendants and increases compensation for these attorneys. The competency standard for execution is updated to align with U.S. Supreme Court precedent, and specific timelines for competency evaluations and hearings are established. The bill limits reasons for issuing a death warrant and clarifies the process for stays related to competency challenges. During discussions, concerns were raised about the bill's potential to accelerate death penalty cases and the reliance on IQ scores for determining intellectual disability, which could lead to wrongful executions. Mark Moffitt from the Utah Defense Lawyers Association expressed worries about the bill's implications for defendants' rights and the quality of legal representation. Supporters, including Scott Burns from the Utah Sheriff's Association, emphasized the need for timely justice for victims' families. The meeting also addressed a domestic violence bill aimed at creating a presumption for pretrial detention in Class A and felony domestic violence cases. Key provisions include allowing pretrial detention for repeat offenders and clarifying definitions of domestic violence. Supporters highlighted the bill's potential to enhance safety for survivors, while concerns were raised about broadening definitions that could unintentionally include unrelated situations. The committee discussed House Bill 402, which seeks to create a controlled substance license for emergency medical services (EMS) agencies to streamline the management of controlled substances. The bill received unanimous support. The meeting concluded with a motion to adjourn, which was approved.