Representative Marsha Judkins proposes the following substitute bill:


1     
CONVICTION INTEGRITY UNITS

2     
2020 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Marsha Judkins

5     
Senate Sponsor: Todd Weiler

6     

7     LONG TITLE
8     General Description:
9          This bill allows prosecution agencies to create conviction integrity units to review
10     convictions.
11     Highlighted Provisions:
12          This bill:
13          ▸     describes conviction integrity units;
14          ▸     creates definitions;
15          ▸     provides that a prosecution agency may create a conviction integrity unit to review
16     convictions;
17          ▸     provides that a conviction integrity unit may make recommendations for changes in
18     convictions and sentences obtained by the prosecution agency;
19          ▸     gives the prosecution agency discretion regarding the conviction integrity unit's
20     recommendations;
21          ▸     requires notice to the victim if a petition is filed by the prosecution agency; and
22          ▸     gives the district court the discretion to provide relief.
23     Money Appropriated in this Bill:
24          None
25     Other Special Clauses:

26          None
27     Utah Code Sections Affected:
28     ENACTS:
29          78B-9-501, Utah Code Annotated 1953
30          78B-9-502, Utah Code Annotated 1953
31          78B-9-503, Utah Code Annotated 1953
32     

33     Be it enacted by the Legislature of the state of Utah:
34          Section 1. Section 78B-9-501 is enacted to read:
35     
Part 5. Conviction Integrity Units Act

36          78B-9-501. Title.
37          This part is known as the "Conviction Integrity Units Act."
38          Section 2. Section 78B-9-502 is enacted to read:
39          78B-9-502. Definitions.
40          As used in this part:
41          (1) "Bona fide and compelling evidence" means that the evidence presented by the
42     petitioning prosecutor establishes by a preponderance of the evidence that:
43          (a) the convicted person is significantly likely to be factually innocent;
44          (b) newly discovered material evidence, if presented at or before the time of trial,
45     judgment of conviction, or sentencing, would have resulted in a significant probability that the
46     result would have been different; or
47          (c) there exists information discovered or received by the petitioning prosecution
48     agency after a judgment of conviction and sentencing that:
49          (i) if disclosed to the convicted person prior to trial, judgment of conviction, or
50     sentencing, would have resulted in a significant probability that the result would have been
51     different; or
52          (ii) significantly calls into question the integrity of the jury verdict, judgment of
53     conviction, or sentence.
54          (2) "Convicted person" means the person whose conviction or sentence is under
55     review.
56          (3) "Conviction Integrity Unit" means a program established by a prosecution agency

57     to conduct extrajudicial, fact-based reviews of criminal convictions and sentences.
58          (4) "Establishing office" means the prosecution agency establishing a conviction
59     integrity unit.
60          (5) "Factually innocent" means the same as that term is defined in Section
61     78B-9-401.5.
62          (6) "Newly discovered material evidence" means the same as that term is defined in
63     Section 78B-9-401.5.
64          (7) "Petitioning prosecutor" means the prosecutor who files a civil petition seeking
65     relief under this part.
66          (8) "Prosecution agency" means a county attorney, district attorney, the Office of the
67     Attorney General, or other prosecution agency.
68          (9) "Significant" or "significantly likely," for purposes of this part, means to a large
69     degree or of a noticeably or measurably large amount.
70          Section 3. Section 78B-9-503 is enacted to read:
71          78B-9-503. Conviction Integrity Unit.
72          (1) A prosecution agency may establish a conviction integrity unit to investigate:
73          (a) plausible allegations of factual innocence;
74          (b) newly discovered material evidence; or
75          (c) information discovered or received by the prosecution agency after trial, judgment
76     of conviction, or sentencing that:
77          (i) if disclosed to the convicted person prior to trial, judgment of conviction, or
78     sentencing, would have resulted in a significant probability that the result would have been
79     different; or
80          (ii) significantly calls into question the integrity of the jury verdict, judgment of
81     conviction, or sentence.
82          (2) A conviction integrity unit may review a conviction or sentence if the conviction
83     and sentence:
84          (a) (i) occurred within the judicial district of the establishing office; and
85          (ii) was prosecuted by the establishing office or another prosecution agency under the
86     direct control and supervision of the establishing office; or
87          (b) (i) occurred within a different judicial district or was prosecuted by another

88     prosecution agency not under the direct control and supervision of the establishing office;
89          (ii) (A) the prosecution agency that prosecuted the case has not established a conviction
90     integrity unit; or
91          (B) the prosecution agency that prosecuted the case has established a conviction
92     integrity unity but determines that review of the conviction or sentence should be conducted by
93     a conviction integrity unit established by another prosecution agency; and
94          (iii) the district attorney, county attorney, attorney general, or other prosecutor that
95     directly oversees and supervises the requesting agency requests the review.
96          (3) (a) An individual convicted of a crime may submit an application to a conviction
97     integrity unit requesting review of the individual's conviction or sentence as provided in
98     Subsection (2).
99          (b) If a convicted person submits an application for review of a conviction that resulted
100     in a sentence of death, and the application is submitted to any conviction integrity unit other
101     than a conviction integrity unit established by the Office of the Attorney General, the
102     conviction integrity unit that receives the application shall forward copies of the application to
103     the Office of the Attorney General and to the convicted person's current counsel of record.
104          (c) If a conviction integrity unit other than a conviction integrity unit established by the
105     Office of the Attorney General, undertakes any review of a conviction that resulted in a
106     sentence of death, the conviction integrity unit shall send the findings and recommendations
107     promptly upon completion to the Office of the Attorney General and to the convicted person's
108     current counsel of record.
109          (d) If a conviction integrity unit other than a conviction integrity unit established by the
110     Office of the Attorney General discovers or receives any information relevant to a conviction
111     that resulted in a sentence of death, the conviction integrity unit that discovers or receives the
112     information shall promptly notify the Office of the Attorney General and the convicted person's
113     current counsel of record.
114          (4) The form of the application for review and its contents shall be determined by the
115     establishing office.
116          (5) Once the review is complete, the conviction integrity unit shall present its findings
117     and recommendations to:
118          (a) the district attorney, county attorney, attorney general, or other prosecutor who

119     directly oversees and supervises the establishing office; or
120          (b) if the review was requested by another prosecution agency under Subsection (2)(b),
121     the district attorney, county attorney, attorney general, or other prosecutor who directly
122     oversees and supervises the prosecution agency that requested the review.
123          (6) The district attorney, county attorney, attorney general, or other prosecutor who
124     directly oversees and supervises the establishing office, or who requested review under
125     Subsection (2)(b), is not required to accept or follow the findings and recommendations of the
126     conviction integrity unit.
127          (7) The district attorney, county attorney, attorney general, or other prosecutor who
128     directly oversees and supervises the establishing office, or who requested review under
129     Subsection (2)(b), may commence a civil proceeding by filing a petition in the district court
130     with jurisdiction over the case seeking a court order to:
131          (a) vacate the conviction;
132          (b) vacate the conviction and order a new trial;
133          (c) vacate the sentence and order further proceedings; or
134          (d) modify the conviction or sentence.
135          (8) The decision to petition the district court under Subsection (7) is solely within the
136     discretion of the district attorney, county attorney, attorney general, or other prosecutor who
137     directly oversees and supervises the establishing office, or who requested the review under
138     Subsection (2)(b).
139          (9) Except as otherwise provided in this part, a petition filed with the district court
140     shall comply with the Utah Rules of Civil Procedure, Rule 65C, and shall include the number
141     of the underlying criminal case that resulted in the judgment of conviction or sentence in
142     connection with which the petitioning prosecutor seeks relief from the court.
143          (10) If a petition is filed under Subsection (7), the petitioning prosecutor shall
144     promptly:
145          (a) notify the convicted person, in writing, that the petition has been filed and provide
146     the convicted person with a copy of the petition and all other documents filed in support of the
147     petition;
148          (b) notify the victim or the victim's representative, if any, in writing, that a petition has
149     been filed, provide the victim or the victim's representative, if any, with a copy of the petition

150     and all other documents filed in support, and advise the victim or the victim's representative of
151     the victim's right to be heard by the court under Subsection (12); and
152          (c) if the underlying conviction was a felony offense, notify the Office of the Attorney
153     General, in writing, that the petition has been filed and provide the attorney general with a copy
154     of the petition and all other documents filed in support.
155          (11) If a petition is filed pursuant to Subsection (7), the Office of the Attorney General
156     has standing to intervene as of right and to participate as a party in the district court proceeding
157     if:
158          (a) the convicted person submitted an application under Subsection 3(a) requesting
159     review of the person's conviction or sentence by the conviction integrity unit;
160          (b) the conviction integrity unit undertook review of the convicted person's conviction
161     or sentence as a result of the convicted person's application; and
162          (c) the Office of the Attorney General reasonably believes the relief requested by the
163     petitioning prosecutor would be barred if the petition were filed or the relief were requested
164     directly by the convicted person under Subsection (3).
165          (12) Upon review of the petition, the district court may:
166          (a) dismiss the petition as provided in Subsection (14);
167          (b) require that additional evidence be submitted;
168          (c) conduct an evidentiary hearing; or
169          (d) grant the relief requested by the petitioning prosecution agency, or any other relief
170     expressly permitted by this part, if by a preponderance of the evidence the petition presents:
171          (i) bona fide and compelling evidence that the convicted person is significantly likely
172     to be factually innocent;
173          (ii) bona fide and compelling newly discovered material evidence; or
174          (iii) bona fide and compelling information discovered or received by the petitioning
175     prosecution agency after the trial, judgment of conviction, and sentencing that:
176          (A) if disclosed to the convicted person prior to trial, judgment of conviction, or
177     sentencing, would have resulted in a significant probability that the result would have been
178     different; or
179          (B) substantially calls into question the integrity of the jury verdict, judgment of
180     conviction, or sentence.

181          (13) If the court requests additional information or holds an evidentiary hearing, the
182     convicted person, and the victim or the victim's representative, if any, and, if notice to the
183     Office of the Attorney General was required under Subsection (10)(c), the attorney general,
184     shall have the right to be heard by the district court, through written submissions or testimony.
185          (14) A district court may dismiss a petition without a hearing if the court finds by a
186     preponderance of the evidence that the petition fails to assert grounds on which relief may be
187     granted.
188          (15) In granting relief under this part, the district court may:
189          (a) vacate the conviction;
190          (b) vacate the conviction and order a new trial;
191          (c) vacate the sentence and order further proceedings; or
192          (d) modify the conviction or sentence.
193          (16) The district court shall state on the record the reasons for the court's decision.
194          (17) (a) An appeal may be taken by the petitioning prosecutor from a final order
195     entered under this part.
196          (b) If notice to the Office of the Attorney General was required under Subsection
197     (10)(c), the petitioning prosecutor shall consult with the attorney general prior to filing an
198     appeal and, if an appeal is filed by the petitioning prosecutor, the Office of the Attorney
199     General has standing to intervene as of right and to participate as a party in all appellate
200     proceedings.
201          (18) Attorney fees, costs, orders of restitution, or any other form of monetary relief are
202     not available under this part.
203          (19) Nothing in this section:
204          (a) precludes a conviction integrity unit from reviewing a conviction or sentence based
205     on information discovered or received directly by the establishing office or received from an
206     individual other than the convicted individual;
207          (b) prohibits an establishing office from adopting additional written criteria for the
208     convictions or sentences the establishing office will review or will decline to review; or
209          (c) requires a conviction integrity unit to review any conviction or sentence.
210          (20) Nothing in this part:
211          (a) including review by a conviction integrity unit or the filing of a petition under

212     Subsection (7), may operate to stay any other proceeding, or to extend, toll, or otherwise alter
213     any other deadline or limitation period under Title 78B, Chapter 9, Post-Conviction Remedies
214     Act;
215          (b) may revive a claim or cause of action or implicate a defense otherwise available to
216     the state under any other provision of Title 78B, Chapter 9, Post-Conviction Remedies Act, or
217     any other applicable provision of law; or
218          (c) confers standing or creates a private right of action for a convicted person or victim
219     of a convicted person.
220          (21) Relief under this part does not exclude any other available remedy.