H.B. 19 Enrolled

1

POST CONVICTION REMEDIES AMENDMENTS
2 2010 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Kay L. McIff
5 Senate Sponsor: Curtis S. Bramble
6
7 LONG TITLE
8 General Description:
9 This bill modifies the Judicial Code to clarify a statutory limitation on claims for relief
10 under the Post-Conviction Remedies Act.
11 Highlighted Provisions:
12 This bill:
13 . amends a section of the Post-Conviction Remedies Act which lists grounds upon
14 which relief may not be claimed and also lists an exception if there was a failure to
15 timely raise the ground for relief due to ineffective counsel, by including in this
16 section an amendment that directly states that the exemption relating to ineffective
17 counsel is the only ground for relief under that section; and
18 . makes this amendment with the purpose that it function in conjunction with a rule
19 recently adopted by the Utah Supreme Court.
20 Monies Appropriated in this Bill:
21 None
22 Other Special Clauses:
23 None
24 Utah Code Sections Affected:
25 AMENDS:
26 78B-9-106, as last amended by Laws of Utah 2008, Chapter 288 and renumbered and
27 amended by Laws of Utah 2008, Chapter 3
28
29 Be it enacted by the Legislature of the state of Utah:

30 Section 1. Section 78B-9-106 is amended to read:
31 78B-9-106. Preclusion of relief -- Exception.
32 (1) A person is not eligible for relief under this chapter upon any ground that:
33 (a) may still be raised on direct appeal or by a post-trial motion;
34 (b) was raised or addressed at trial or on appeal;
35 (c) could have been but was not raised at trial or on appeal;
36 (d) was raised or addressed in any previous request for post-conviction relief or could
37 have been, but was not, raised in a previous request for post-conviction relief; or
38 (e) is barred by the limitation period established in Section 78B-9-107 .
39 (2) (a) The state may raise any of the procedural bars or time bar at any time,
40 including during the state's appeal from an order granting post-conviction relief, unless the
41 court determines that the state should have raised the time bar or procedural bar at an earlier
42 time.
43 (b) Any court may raise a procedural bar or time bar on its own motion, provided that
44 it gives the parties notice and an opportunity to be heard.
45 (3) Notwithstanding Subsection (1)(c), a person may be eligible for relief on a basis
46 that the ground could have been but was not raised at trial or on appeal, if the failure to raise
47 that ground was due to ineffective assistance of counsel.
48 (4) This section authorizes a merits review only to the extent required to address the
49 exception set forth in Subsection (3).