| << Previous Section (77-15-9) | Next Section (77-15a-102) >> |
Utah Code of Criminal Procedure | |
Exemptions From Death Penalty In Capital Cases | |
Section 101 | Mentally retarded defendant not subject to death penalty -- Defendant with subaverage functioning not subject to death penalty if confession not corroborated. |
|
77-15a-101. Mentally retarded defendant not subject to death penalty -- Defendant
with subaverage functioning not subject to death penalty if confession not corroborated. (1) A defendant who is found by the court to be mentally retarded as defined in Section 77-15a-102 is not subject to the death penalty. (2) A defendant who does not meet the definition of mental retardation under Section 77-15a-102 is not subject to the death penalty if: (a) the defendant has significantly subaverage general intellectual functioning that exists concurrently with significant deficiencies in adaptive functioning; (b) the functioning described in Subsection (2)(a) is manifested prior to age 22; and (c) the state intends to introduce into evidence a confession by the defendant which is not supported by substantial evidence independent of the confession.
Enacted by Chapter 11, 2003 General Session |
| << Previous Section (77-15-9) | Next Section (77-15a-102) >> |