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UT HB0495
Bill
Status
3/12/2026
Primary Sponsor
Candice Pierucci
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AI Summary
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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
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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
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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
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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
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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