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First Substitute S.B. 165
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5 AN ACT RELATING TO CRIMINAL PROCEDURE AND VICTIMS' RIGHTS; PROVIDING
6 FOR THE ATTENDANCE OF RELATIVES OR REPRESENTATIVES OF THE VICTIM AT
7 THE EXECUTION OF THE OFFENDER; AND AMENDING PROVISIONS REGARDING
8 ATTENDANCE OF THE PRESS.
9 This act affects sections of Utah Code Annotated 1953 as follows:
10 AMENDS:
11 77-19-11, as last amended by Chapter 113, Laws of Utah 1996
12 Be it enacted by the Legislature of the state of Utah:
13 Section 1. Section 77-19-11 is amended to read:
14 77-19-11. Who may be present -- Photographic and recording equipment.
15 (1) As used in this section:
16 (a) "Close relative of the deceased victim" means:
17 (i) the spouse of the victim;
18 (ii) a parent or stepparent of the victim;
19 (iii) a brother, sister, stepbrother, stepsister, child, or stepchild of the victim; and
20 (iv) any person who had a close relationship with the deceased victim, or with a close
21 relative of the victim, upon the recommendation of the victim assistance coordinator for the
22 Department of Corrections or for the Office of the Attorney General.
23 (b) "Director" means the executive director of the Department of Corrections, or the
24 director's designee.
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27 (a) the prosecuting attorney, or [
28 defendant committed the offense for which he is being executed;
29 (b) no more than two law enforcement officials from the county in which the defendant
30 committed the offense for which he is being executed;
31 (c) the attorney general or [
32 (d) religious representatives, friends, or relatives designated by the defendant, not
33 exceeding a total of five persons[
34 (e) no more than five close relatives of the deceased victim, as selected by the director, but
35 giving priority in the order listed in Subsection (1)(a).
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37 nor may any of them attend as a matter of right.
38 [
39 attendance at the execution of [
40 (a) as named by the [
41 the department[
42 (b) with the agreement of the selected news media members that they serve as a pool for
43 other members of the news media [
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45 until the execution is completed, the body is removed, and the site has been restored to an orderly
46 condition. However, the physical arrangements for the execution may not be disturbed.
47 (b) A violation of this subsection is a class B misdemeanor.
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49 attendance.
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51 (i) staff as determined [
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53 (ii) no more than three correctional officials from other states that are preparing for
54 executions, but no more than two correctional officials may be from any one state, as designated
55 by the [
56 (b) [
57 [
58 the number of media representatives, at the execution. These rules shall be in accordance with this
59 section.
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