1
2
3
4
5
6
7 LONG TITLE
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
23
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) [
29 (b) [
30 (c) [
31 (d) [
32 (e) [
33 (f) [
34 offense is alleged to have been committed;
35 (g) [
36 (h) [
37 trial within 30 days after arraignment if unable to post bail and if the business of the court
38 permits[
39 (i) have a jury that is informed of the potential sentence for a guilty verdict.
40 (2) In addition:
41 (a) [
42 (b) [
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) [
46 the person;
47 (d) a wife [
48 against his wife; and
49 (e) [
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.