H.B. 317

This document includes Senate 2nd Reading Floor Amendments incorporated into the bill on Thu, Mar 5, 2009 at 11:41 AM by rday. --> 1

CAPITAL FELONY AMENDMENTS
2 2009 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Carl Wimmer
5 Senate Sponsor: Mark B. Madsen
6
7 LONG TITLE
8 General Description:
9 This bill modifies the Criminal Code regarding the penalties for a capital felony.
10 Highlighted Provisions:
11 This bill:
12 . increases the indeterminate sentence provision regarding a capital felony from 20
13 years to 25 years.
14 Monies Appropriated in this Bill:
15 None
16 Other Special Clauses:
17 None
18 Utah Code Sections Affected:
19 AMENDS:
20 76-3-206, as last amended by Laws of Utah 2001, Chapter 209
20a S. 76-3-207.7, as enacted by Laws of Utah 2007, Chapter 275 .S
21
22 Be it enacted by the Legislature of the state of Utah:
23 Section 1. Section 76-3-206 is amended to read:
24 76-3-206. Capital felony -- Penalties.
25 (1) A person who has pled guilty to or been convicted of a capital felony shall be
26 sentenced in accordance with Section 76-3-207 . That sentence shall be death, an indeterminate
27 prison term of not less than [20] 25 years and which may be for life, or, on or after April 27,

28 1992, life in prison without parole.
29 (2) (a) The judgment of conviction and sentence of death is subject to automatic review
30 by the Utah State Supreme Court within 60 days after certification by the sentencing court of
31 the entire record unless time is extended an additional period not to exceed 30 days by the Utah
32 State Supreme Court for good cause shown.
33 (b) The review by the Utah State Supreme Court has priority over all other cases and
34 shall be heard in accordance with rules promulgated by the Utah State Supreme Court.
34a S. Section 2. Section 76-3-207.7 is amended to read:
34b 76-3-207.7. First degree felony aggravated murder -- Noncapital felony -- Penalties --
34c Sentenced by court.
34d (1) A person who has pled guilty to or been convicted of first degree felony aggravated
34e murder under Section 76-5-202 shall be sentenced by the court.
34f (2) The sentence under this section shall be life in prison without parole or an
34g indeterminate prison term of not less than 20 25 years and which may be for life. .S




Legislative Review Note
as of 1-13-09 11:27 AM

Office of Legislative Research and General Counsel