Download Zipped Introduced WP 6.1 SB0133S1.ZIP 4,573 Bytes
[Status][Bill Documents][Fiscal Note][Bills Directory]
First Substitute S.B. 133
1
2
3
4
5 AN ACT RELATING TO THE CODE OF CRIMINAL PROCEDURE; PROVIDING FOR
6 APPEALS BY THE PROSECUTION IN SPECIFIC CIRCUMSTANCES.
7 This act affects sections of Utah Code Annotated 1953 as follows:
8 AMENDS:
9 77-18a-1, as last amended by Chapter 65, Laws of Utah 1995
10 Be it enacted by the Legislature of the state of Utah:
11 Section 1. Section 77-18a-1 is amended to read:
12 77-18a-1. Appeals -- When proper.
13 (1) An appeal may be taken by the defendant from:
14 (a) the final judgment of conviction, whether by verdict or plea;
15 (b) an order made after judgment that affects the substantial rights of the defendant;
16 (c) an interlocutory order when upon petition for review the appellate court decides the
17 appeal would be in the interest of justice; or
18 (d) any order of the court judging the defendant by reason of a mental disease or defect
19 incompetent to proceed further in a pending prosecution.
20 (2) An appeal may be taken by the prosecution from:
21 (a) a final judgment of dismissal, including a dismissal of a felony information following
22 a refusal to bind the defendant over for trial;
23 (b) an order arresting judgment;
24 (c) an order terminating the prosecution because of a finding of double jeopardy or denial
25 of a speedy trial;
26 (d) a judgment of the court holding a statute or any part of it invalid;
27 (e) an order of the court granting a pretrial motion to suppress evidence when upon a
1 petition for review the appellate court decides that the appeal would be in the interest of justice;
2 [
3 (f) under circumstances not amounting to a final order under subsection (2)(a), a refusal
4 to bind the defendant over for trial on a felony as charged or a pretrial order dismissing or quashing
5 in part a felony information, when upon a petition for review the appellate court decides that the
6 appeal would be in the interest of justice; or
7 [
[Bill Documents][Bills Directory]