H.B. 60 Enrolled

POST CONVICTION REMEDIES - DEATH PENALTY
1997 GENERAL SESSION
STATE OF UTAH
Sponsor: Martin R. Stephens
AN ACT RELATING TO THE JUDICIAL CODE; PROVIDING FOR APPOINTMENT AND
PAYMENT OF COUNSEL IN POST CONVICTION DEATH PENALTY CASES; AND
MAKING TECHNICAL CORRECTIONS.
This act affects sections of Utah Code Annotated 1953 as follows:
ENACTS:
78-35a-202, Utah Code Annotated 1953
RENUMBERS AND AMENDS:
78-35a-201, (Renumbered from 78-12-31.2, as last amended by Chapter 79, Laws of Utah
1996)
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 78-35a-201, which is renumbered from Section 78-12-31.2 is
renumbered and amended to read:
[78-12-31.2]. 78-35a-201. Post conviction remedies -- 30 days.
[No] A post conviction [remedies] remedy may not be applied for or entertained by any
court within 30 days prior to the date set for execution of a capital sentence, unless the grounds
[therefor] for application are based on facts or circumstances which developed or first became
known within that period of time.
Section 2. Section 78-35a-202 is enacted to read:
78-35a-202. Appointment and payment of counsel in death penalty cases.
(1) A person who has been sentenced to death and whose conviction and sentence has been
affirmed on appeal shall be advised in open court, on the record, in a hearing scheduled no less
than 30 days prior to the signing of the death warrant, of the provisions of this chapter allowing
challenges to the conviction and death sentence and the appointment of counsel for indigent
defendants.
(2) (a) If a defendant requests the court to appoint counsel, the court shall determine

whether the defendant is indigent and make findings on the record regarding the defendant's
indigency. If the court finds that the defendant is indigent, it shall promptly appoint counsel who
is qualified to represent defendants in death penalty cases as required by Rule 8 of the Utah Rules
of Criminal Procedure.
(b) A defendant who wishes to reject the offer of counsel shall be advised on the record by
the court of the consequences of the rejection before the court may accept the rejection.
(c) Costs of counsel and other reasonable litigation expenses incurred in providing the
representation provided for in this section shall be paid from state funds by the Division of Finance
according to rules established pursuant to Title 63, Chapter 46a, Utah Administrative Rulemaking
Act.

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