H.B. 60

1

POST CONVICTION REMEDIES - DEATH PENALTY
2 1997 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Martin R. Stephens
5 AN ACT RELATING TO THE JUDICIAL CODE; PROVIDING FOR APPOINTMENT AND
6 PAYMENT OF COUNSEL IN POSTCONVICTION DEATH PENALTY CASES; AND
7 MAKING TECHNICAL CORRECTIONS.
8 This act affects sections of Utah Code Annotated 1953 as follows:
9 ENACTS:
10 78-35A-202, Utah Code Annotated 1953
11 RENUMBERS AND AMENDS:
12 78-35a-201, (Renumbered from 78-12-31.2, as last amended by Chapter 79, Laws of Utah
13 1996)
14 Be it enacted by the Legislature of the state of Utah:
15 Section 1. Section 78-35a-201, which is renumbered from Section 78-12-31.2 is
16 renumbered and amended to read:
17 [78-12-31.2]. 78-35a-201. Post-conviction remedies -- 30 days.
18 [No] A postconviction [remedies] remedy may not be applied for or entertained by any
19 court within 30 days prior to the date set for execution of a capital sentence, unless the grounds
20 [therefor] for application are based on facts or circumstances which developed or first became
21 known within that period of time.
22 Section 2. Section 78-35A-202 is enacted to read:
23 78-35A-202. Appointment and payment of counsel in death penalty cases.
24 (1) A person who has been sentenced to death and who has exhausted all legal and
25 appellate remedies shall be advised in open court, on the record, in a hearing scheduled no less
26 than 30 days prior to the signing of the death warrant, of the provisions of this chapter allowing
27 challenges to the conviction and death sentence and the appointment of counsel for indigent

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




Legislative Review Note
as of 12-10-96 4:06 PM

A limited legal review of this bill raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel

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