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UT HB0495

Bill

Status

Enrolled

3/12/2026

Primary Sponsor

Candice Pierucci

Click for details

Origin

House of Representatives

2026 General Session

AI Summary

  • Requires sentencing courts to advise defendants sentenced to death of their right to a direct appeal and appoint appellate counsel within 30 days after the Supreme Court affirms a conviction and death sentence

  • Modifies the automatic review process for death sentences by the Utah Supreme Court, requiring review within 120 days when a defendant waives or fails to file an appeal, and establishes that capital felony appeals have priority over all other cases

  • Revises procedures for determining intellectual disability in capital cases, including appointment of a prescreening psychologist to assess defendants when prosecutors seek the death penalty, with defendants having an IQ of 75 or below triggering further examination

  • Clarifies competency-to-be-executed procedures, requiring petitions filed fewer than 21 days before a scheduled execution to include an affidavit from a licensed physician or psychologist, and establishing requirements for successive petitions alleging incompetency

  • Increases attorney fees for postconviction relief in death penalty cases from $125 to $250 per hour and raises the maximum from $60,000 to $120,000, with litigation expenses increased from $20,000 to $40,000

Legislative Description

Capital Felony Case Amendments

Law Enforcement and Criminal Justice

Last Action

House/ enrolled bill to Printing in Clerk of the House

3/12/2026

Committee Referrals

Judiciary, Law Enforcement, and Criminal Justice2/27/2026
Rules2/25/2026
Law Enforcement and Criminal Justice2/17/2026
Rules2/5/2026

Full Bill Text

No bill text available