H.B. 195

1

CRIMINAL PROCEDURE AMENDMENT
2 2006 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Scott L Wyatt
5 Senate Sponsor: David L. Thomas
6
7 LONG TITLE
8 General Description:
9 This bill amends the Code of Criminal Procedure regarding the scope of appeals that
10 may be made by the prosecution.
11 Highlighted Provisions:
12 This bill:
13 . allows the prosecution to appeal from a court's pretrial order dismissing a
14 misdemeanor charge on specified grounds, so that the appeal authority is the same
15 as is currently provided regarding felonies.
16 Monies Appropriated in this Bill:
17 None
18 Other Special Clauses:
19 None
20 Utah Code Sections Affected:
21 AMENDS:
22 77-18a-1, as last amended by Chapter 106, Laws of Utah 2005
23
24 Be it enacted by the Legislature of the state of Utah:
25 Section 1. Section 77-18a-1 is amended to read:
26 77-18a-1. Appeals -- When proper.
27 (1) A defendant may, as a matter of right, appeal from:

28 (a) a final judgment of conviction, whether by verdict or plea;
29 (b) an order made after judgment that affects the substantial rights of the defendant;
30 (c) an order adjudicating the defendant's competency to proceed further in a pending
31 prosecution; or
32 (d) an order denying bail, as provided in Subsection 77-20-1 (7).
33 (2) In addition to any appeal permitted by Subsection (1), a defendant may seek
34 discretionary appellate review of any interlocutory order.
35 (3) The prosecution may, as a matter of right, appeal from:
36 (a) a final judgment of dismissal, including a dismissal of a felony information
37 following a refusal to bind the defendant over for trial;
38 (b) a pretrial order dismissing a [felony] charge on the ground that the court's
39 suppression of evidence has substantially impaired the prosecution's case;
40 (c) an order granting a motion to withdraw a plea of guilty or no contest;
41 (d) an order arresting judgment or granting a motion for merger;
42 (e) an order terminating the prosecution because of a finding of double jeopardy or
43 denial of a speedy trial;
44 (f) an order holding a statute or any part of it invalid;
45 (g) an order adjudicating the defendant's competency to proceed further in a pending
46 prosecution;
47 (h) an order finding, pursuant to Title 77, Chapter 19, Part 2, Competency for
48 Execution, that an inmate sentenced to death is incompetent to be executed;
49 (i) an order reducing the degree of offense pursuant to Section 76-3-402 ; or
50 (j) an illegal sentence.
51 (4) In addition to any appeal permitted by Subsection (3), the prosecution may seek
52 discretionary appellate review of any interlocutory order entered before jeopardy attaches.

Legislative Review Note
as of 1-25-06 5:30 PM

Based on a limited legal review, this legislation has not been determined to have a high
probability of being held unconstitutional.

Office of Legislative Research and General Counsel