H.B. 317 Enrolled

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
21 76-3-207.7, as enacted by Laws of Utah 2007, Chapter 275
22
23 Be it enacted by the Legislature of the state of Utah:
24 Section 1. Section 76-3-206 is amended to read:
25 76-3-206. Capital felony -- Penalties.
26 (1) A person who has pled guilty to or been convicted of a capital felony shall be
27 sentenced in accordance with Section 76-3-207 . That sentence shall be death, an
28 indeterminate prison term of not less than [20] 25 years and which may be for life, or, on or
29 after April 27, 1992, life in prison without parole.

30 (2) (a) The judgment of conviction and sentence of death is subject to automatic
31 review by the Utah State Supreme Court within 60 days after certification by the sentencing
32 court of the entire record unless time is extended an additional period not to exceed 30 days by
33 the Utah State Supreme Court for good cause shown.
34 (b) The review by the Utah State Supreme Court has priority over all other cases and
35 shall be heard in accordance with rules promulgated by the Utah State Supreme Court.
36 Section 2. Section 76-3-207.7 is amended to read:
37 76-3-207.7. First degree felony aggravated murder -- Noncapital felony --
38 Penalties -- Sentenced by court.
39 (1) A person who has pled guilty to or been convicted of first degree felony aggravated
40 murder under Section 76-5-202 shall be sentenced by the court.
41 (2) The sentence under this section shall be life in prison without parole or an
42 indeterminate prison term of not less than [20] 25 years and which may be for life.