Title 77 Chapter 15a Section 105

Utah Code of Criminal Procedure
Exemptions From Death Penalty In Capital Cases
Section 105
Defendant's wilful failure to cooperate -- Expert testimony regarding retardation is barred.

            

77-15a-105.   Defendant's wilful failure to cooperate -- Expert testimony regarding retardation is barred.

            (1) If the defendant files notice, raises the issue, or intends to present evidence or make an argument that the defendant is exempt from the death penalty under this chapter, the defendant shall make himself available and fully cooperate in any examination by mental health experts appointed by the Department of Human Services and any other independent examiners for the defense or the prosecution.

            (2) If the defendant wilfully fails to make himself available and fully cooperate in the examination, and that failure is established to the satisfaction of the court, the defendant is barred from presenting expert testimony relating to any exemption from the death penalty under this chapter.


Enacted by Chapter 11, 2003 General Session