On The Record Utah
Menu

Bills / H.B. 495

H.B. 495 Capital Felony Case Amendments

Became lawWritten by Rep. Candice B. Pierucci · carried in the Senate by Sen. Daniel McCay

  1. Introduced
  2. House committee
  3. House vote
  4. Senate committee
  5. Senate vote
  6. Signed into law

What this bill does

The bill changes Utah's capital felony case process, including how the Utah Supreme Court conducts automatic review, limits ineffective assistance claims to separate post-conviction cases, and expands and raises pay for post-conviction counsel. It also adds intellectual disability pre-screening and changes competency procedures for execution.

Plain-English summary written by AI from the sponsor’s presentation in committee and on the floor. Check the official text below.

Official description
  • defines and modifies terms related to capital felony cases
  • clarifies the statutory provisions regarding a sentencing proceeding in a capital felony case
  • requires the sentencing court to advise a defendant in a capital felony case of the right to a direct appeal and of the statutory provisions for postconviction relief
  • requires the sentencing court to appoint appellate counsel for a defendant who is sentenced to death
  • modifies the automatic review process by the Utah Supreme Court in a capital felony case in which the defendant is sentenced to death
  • addresses the priority of capital felony cases
  • addresses the extension of a report on a defendant's competency to stand trial
  • allows for the appointment of a psychologist to determine if a defendant is intellectually disabled when a prosecutor intends to seek a sentence of death
  • modifies statutory provisions regarding the pretrial process for determining whether an individual is intellectually disabled and not subject to a sentence of death
  • allows for an appeal of an order determining whether a defendant is intellectually disabled and not subject to a sentence of death
  • clarifies statutes regarding the execution of a sentence of death
  • modifies the requirements for a stay or suspension of a sentence of death and for an order of execution
  • modifies statutory provisions regarding a notification of pregnancy or incompetency of an inmate who is sentenced to death
  • addresses a petition for an inquiry on whether a defendant is competent to be executed, including the requirements for a successive petition
  • amends the examination process for a petition to determine whether an inmate is competent to be executed
  • addresses the procedures when there is a finding of competency or incompetency for an inmate sentenced to death
  • amends the subject matter jurisdiction of the Utah Supreme Court and the district court with regard to a capital felony case
  • provides that the Utah Supreme Court, after a direct appeal, appoint defense counsel to represent an individual sentenced to death on a petition for postconviction relief
  • requires the Utah Supreme Court to maintain a list of qualified defense counsel for purposes of appointing defense counsel for an individual sentenced to death on a petition for postconviction relief
  • increases the amount of attorney fees and litigation expenses that a court may authorize for a petition for postconviction relief in a death penalty case
  • repeals a statute pertaining to capital cases
  • makes technical and conforming changes
Full text and history on le.utah.gov →
Embed this on your site

Paste this code into a news story, blog, or newsletter page. It updates automatically. Change “county=Weber” to any Utah county to show how that county's legislators voted, or remove it.

What it costs you

From the bill's latest official fiscal note, counting the state's tax funds (General, Income Tax, Education, Uniform School, and Transportation) in the first full budget year after the session. Some bills take effect partway through that year, so later years can be larger; the note shows each year. Household count: U.S. Census Bureau. An average is a starting point, not your bill.

Your legislators on this bill

Enter your address to see what your own representative and senator did on this bill.

Quotes come from the official recordings' automatic captions, which can mishear words. Speakers and summaries are identified by AI and can be wrong. Use the ▶ links to check the recording.

Take action

This bill's session is over, but your legislators still want to hear from you. Ideas that died often come back next year.

Enter your address to get your legislators' contact information and a ready-to-send message about this bill.

Every vote

Hearings and debates