Title 77 Chapter 15a Section 106

Utah Code of Criminal Procedure
Exemptions From Death Penalty In Capital Cases
Section 106
Limitations on admitting mental retardation examination evidence.

            

77-15a-106.   Limitations on admitting mental retardation examination evidence.

            (1) The following may not be admitted into evidence against the defendant in any criminal proceeding, except as provided in Subsection (2):

            (a) any statement made by the defendant in the course of any mental examination conducted under this chapter, whether the examination is with or without the consent of the defendant, and any testimony by the expert based upon the defendant's statement; and

            (b) any other fruits of the defendant's statement under Subsection (1)(a).

            (2) Evidence under Subsection (1) may be admitted on an issue regarding a mental condition on which the defendant has introduced evidence.


Enacted by Chapter 11, 2003 General Session