Representative Marc K. Roberts proposes the following substitute bill:




Chief Sponsor: Marc K. Roberts

Senate Sponsor: ____________


8     General Description:
9          This bill modifies provisions related to criminal procedures.
10     Highlighted Provisions:
11          This bill:
12          ▸     modifies the Utah Code of Criminal Procedure regarding information provided
13     juries; and
14          ▸     makes technical corrections.
15     Money Appropriated in this Bill:
16          None
17     Other Special Clauses:
18          None
19     Utah Code Sections Affected:
20     AMENDS:
21          77-1-6, as enacted by Laws of Utah 1980, Chapter 15
22          77-17-10, as enacted by Laws of Utah 1980, Chapter 15

24     Be it enacted by the Legislature of the state of Utah:
25          Section 1. Section 77-1-6 is amended to read:

26          77-1-6. Rights of defendant.
27          (1) In criminal prosecutions the defendant is entitled to:
28          (a) [To] appear in person and defend in person or by counsel;
29          (b) [To] receive a copy of the accusation filed against him;
30          (c) [To] testify in [his] the defendant's own behalf;
31          (d) [To] be confronted by the witnesses against [him] the defendant;
32          (e) [To] have compulsory process to insure the attendance of witnesses in his behalf;
33          (f) [To] a speedy public trial by an impartial jury of the county or district where the
34     offense is alleged to have been committed;
35          (g) [To] the right of appeal in all cases; [and]
36          (h) [To] be admitted to bail in accordance with provisions of law, or be entitled to a
37     trial within 30 days after arraignment if unable to post bail and if the business of the court
38     permits[.]; and
39          (i) have a jury that is informed of the potential sentence for a guilty verdict.
40          (2) In addition:
41          (a) [No person shall] a person may not be put twice in jeopardy for the same offense;
42          (b) [No accused person shall,] an accused person may not before final judgment, be
43     compelled to advance money or fees to secure rights guaranteed by the Constitution or the laws
44     of Utah, or to pay the costs of those rights when received;
45          (c) [No person shall] a person may not be compelled to give evidence against [himself]
46     the person;
47          (d) a wife [shall] may not be compelled to testify against her husband nor a husband
48     against his wife; and
49          (e) [No person shall] a person may not be convicted unless by verdict of a jury, or upon
50     a plea of guilty or no contest, or upon a judgment of a court when trial by jury has been waived
51     or, in case of an infraction, upon a judgment by a magistrate.
52          Section 2. Section 77-17-10 is amended to read:
53          77-17-10. Court to determine law; the jury, the facts.
54          (1) In a jury trial, questions of law are to be determined by the court, questions of fact
55     by the jury.
56          (2) The jury may find a general verdict which includes questions of law as well as fact

57     but they are bound to follow the law as stated by the court.
58          (3) The jury shall be informed of the potential sentence for a guilty verdict.