H.B. 180 Enrolled

DEATH PENALTY PROVISIONS
2004 GENERAL SESSION
STATE OF UTAH
Sponsor: Sheryl L. Allen

LONG TITLE
General Description:
This bill repeals use of a firing squad as a means of carrying out the death penalty,
except in specified situations.
Highlighted Provisions:
This bill:
. repeals references to the use of a firing squad, unless execution by lethal injection is
found to be unconstitutional.
Monies Appropriated in this Bill:
None
Other Special Clauses:
This bill provides revisor instructions.
Utah Code Sections Affected:
AMENDS:
76-2-404, as last amended by Chapter 92, Laws of Utah 1987
77-18-5.5, as last amended by Chapter 209, Laws of Utah 2001
77-19-6, as last amended by Chapter 190, Laws of Utah 1988
77-19-10, as last amended by Chapter 113, Laws of Utah 1996

Be it enacted by the Legislature of the state of Utah:
Section 1. Section 76-2-404 is amended to read:
76-2-404. Peace officer's use of deadly force.
(1) A peace officer, or any person acting by his command in his aid and assistance, is
justified in using deadly force when:

(a) the officer is acting in obedience to and in accordance with the judgment of a
competent court in executing a penalty of death under Subsection 77-18-5.5 (3) or (4);
(b) effecting an arrest or preventing an escape from custody following an arrest, where
the officer reasonably believes that deadly force is necessary to prevent the arrest from being
defeated by escape; and
(i) the officer has probable cause to believe that the suspect has committed a felony
offense involving the infliction or threatened infliction of death or serious bodily injury; or
(ii) the officer has probable cause to believe the suspect poses a threat of death or serious
bodily injury to the officer or to others if apprehension is delayed; or
(c) the officer reasonably believes that the use of deadly force is necessary to prevent
death or serious bodily injury to the officer or another person.
(2) If feasible, a verbal warning should be given by the officer prior to any use of deadly
force under Subsection (1)(b) or (1)(c).
Section 2. Section 77-18-5.5 is amended to read:
77-18-5.5. Judgment of death -- Method is lethal injection -- Exceptions for use of
firing squad.
(1) When a [person] defendant is convicted of a capital felony and the judgment of death
has been imposed, [the defendant is entitled to select, at the time of sentencing, either a firing
squad or a] lethal intravenous injection [as] is the method of execution. [If the defendant does not
indicate a preference at that time to the court, the judgment of death shall be executed by lethal
intravenous injection.]
(2) Subsection (1) applies to any defendant sentenced to death on or after the effective
date of this act.
(3) If a court holds that a defendant has a right to be executed by a firing squad, the
method of execution for that defendant shall be a firing squad. This Subsection (3) applies to any
defendant whose right to be executed by a firing squad is preserved by that judgment.
(4) (a) If a court holds that execution by lethal injection is unconstitutional on its face, the
method of execution shall be a firing squad.

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(b) If a court holds that execution by lethal injection is unconstitutional as applied, the
method of execution for that defendant shall be a firing squad.
Section 3. Section 77-19-6 is amended to read:
77-19-6. Judgment of death -- Warrant -- Delivery of warrant -- Determination of
execution time.
(1) (a) When judgment of death is rendered, a warrant, signed by the judge and attested
by the clerk under the seal of the court, shall be drawn and delivered to the sheriff of the county
where the conviction is had.
(b) The sheriff shall deliver the warrant and a certified copy of the judgment to the
executive director of the Department of Corrections or his designee at the time of delivering the
defendant to the custody of the Department of Corrections.
(2) The warrant shall state the conviction, the judgment, the method of execution, and the
appointed day the judgment is to be executed, which may not be fewer than 30 days nor more
than 60 days from the date of issuance of the warrant.
(3) The Department of Corrections shall determine the hour, within the appointed day, at
which the judgment is to be executed.
Section 4. Section 77-19-10 is amended to read:
77-19-10. Judgment of death -- Location and procedures for execution.
(1) The executive director of the Department of Corrections or his designee shall ensure
that the method of judgment of death specified in the warrant is carried out at a secure
correctional facility operated by the department and at an hour determined by the department on
the date specified in the warrant.
[(2) If the judgment of death is to be carried out by shooting, the executive director of the
department or his designee shall select a five-person firing squad of peace officers.]
[(3) If] (2) When the judgment of death is to be carried out by lethal intravenous
injection, the executive director of the department or his designee shall select two or more
persons trained in accordance with accepted medical practices to administer intravenous
injections, who shall each administer a continuous intravenous injection, one of which shall be of a

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lethal quantity of sodium thiopental or other equally or more effective substance sufficient to
cause death. [Death shall be certified by a physician.]
(3) If the judgment of death is to be carried out by firing squad under Subsection
77-18-5.5 (3) or (4), the executive director of the department or his designee shall select a
five-person firing squad of peace officers.
(4) Compensation for [members of a firing squad or] persons administering intravenous
injections and for members of a firing squad under Subsection 77-18-5.5 (3) or (4) shall be in an
amount determined by the director of the Division of Finance.
(5) Death under this section shall be certified by a physician.
[(5)] (6) The department shall adopt and enforce rules governing procedures for the
execution of judgments of death.
Section 5. Revisor instructions.
It is the intent of the Legislature that the Office of Legislature Research and General
Counsel, in preparing the Utah Code for publication, shall replace the words "the effective date of
this act" in Section 77-18-5.5 with the actual date on which Section 77-18-5.5 takes effect.


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