1     
CRIMINAL PROCEDURE AMENDMENTS

2     
2018 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Marc K. Roberts

5     
Senate Sponsor: ____________

6     

7     LONG TITLE
8     General Description:
9          This bill modifies provisions related to jury instructions.
10     Highlighted Provisions:
11          This bill:
12          ▸     modifies rights of a defendant;
13          ▸     defines "manifestly unjust";
14          ▸     addresses jury instructions; and
15          ▸     makes technical and conforming amendments.
16     Money Appropriated in this Bill:
17          None
18     Other Special Clauses:
19          None
20     Utah Code Sections Affected:
21     AMENDS:
22          77-1-6, as enacted by Laws of Utah 1980, Chapter 15
23          77-17-10, as enacted by Laws of Utah 1980, Chapter 15
24     

25     Be it enacted by the Legislature of the state of Utah:
26          Section 1. Section 77-1-6 is amended to read:
27          77-1-6. Rights of defendant.
28          (1) In criminal prosecutions the defendant is entitled to:
29          (a) [To] appear in person and defend in person or by counsel;
30          (b) [To] receive a copy of the accusation filed against [him] the defendant;
31          (c) [To] testify in [his] the defendant's own behalf;
32          (d) [To] be confronted by the witnesses against [him] the defendant;
33          (e) [To] have compulsory process to insure the attendance of witnesses in [his] the
34     defendant's behalf;
35          (f) [To] a speedy public trial by an impartial jury of the county or district where the
36     offense is alleged to have been committed;
37          (g) [To] the right of appeal in all cases; [and]
38          (h) [To] be admitted to bail in accordance with provisions of law, or be entitled to a
39     trial within 30 days after arraignment if unable to post bail and if the business of the court
40     permits[.]; and
41          (i) request a jury instruction described in Section 77-17-10 related to a jury's power to
42     find a defendant not guilty on a charge when a guilty verdict on that charge would be
43     manifestly unjust.
44          (2) In addition:
45          (a) [No person shall] a person may not be put twice in jeopardy for the same offense;
46          (b) [No accused person shall] an accused person may not, before final judgment, be
47     compelled to advance money or fees to secure rights guaranteed by the Constitution or the laws
48     of Utah, or to pay the costs of those rights when received;
49          (c) [No person shall] a person may not be compelled to give evidence against [himself]
50     the person;
51          (d) [A] a wife [shall] may not be compelled to testify against her husband nor a
52     husband against his wife; and
53          (e) [No person shall] a person may not be convicted unless by verdict of a jury, or upon
54     a plea of guilty or no contest, or upon a judgment of a court when trial by jury has been waived
55     or, in case of an infraction, upon a judgment by a magistrate.
56          Section 2. Section 77-17-10 is amended to read:
57          77-17-10. Court to determine law -- The jury to determine the facts - Jury
58     instruction.
59          (1) In a jury trial, questions of law are to be determined by the court, questions of fact
60     by the jury.
61          (2) The jury may find a general verdict [which] that includes questions of law as well
62     as fact but they are bound to follow the law as stated by the court.
63          (3) (a) As used in this Subsection (3), "manifestly unjust" means a finding that the
64     application of the facts to the law is shocking to the conscience or results in an injustice that is
65     direct and obvious to a reasonable person with due consideration of the totality of
66     circumstances.
67          (b) A defendant may request that the court provide the jury a jury instruction that
68     allows the jury to find a defendant not guilty on a specific charge when a guilty verdict would
69     be manifestly unjust.
70          (c) A court may provide the jury instruction described in Subsection (3)(b) if the court
71     finds that there is a sufficient factual basis to support a jury finding a defendant not guilty of
72     the charge because a guilty verdict would be manifestly unjust.




Legislative Review Note
Office of Legislative Research and General Counsel