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H.J.R. 28

Enrolled

Joint Resolution Amending Court Rules Related to Capital Felony Cases

HJR028S01 (Substitute)

View on le.utah.gov
H.J.R. 28Enrolled

Joint Resolution Amending Court Rules Related to Capital Felony Cases

House
Senate
Governor

What This Bill Does

This resolution amends court rules related to capital felony cases.

Key Provisions

This resolution:

  • amends Utah Rules of Appellate Procedure, Rule 23B, to address remand of a capital felony case for findings on ineffective assistance of counsel;
  • amends Utah Rules of Criminal Procedure, Rule 27, to address a stay of the execution of a sentence; and
  • makes technical and conforming changes.

Plain-Language Summary

AI-generated summary. We recommend consulting the bill text for important decisions.

Using the Utah Legislature's power to amend court rules by a two-thirds vote, this resolution changes two procedural rules that govern death penalty cases. First, it explicitly bars courts from sending a capital case back to the trial court to gather facts about whether a defendant's attorney was ineffective — a legal process previously available in other criminal appeals. Second, it replaces a broad, simple rule that automatically stayed (paused) a death sentence whenever any appeal or relief petition was pending, replacing it with a detailed framework that specifies exactly when a court must issue a temporary stay, when it may not, and when an existing stay must be lifted — including provisions tied to whether the condemned person is pregnant, incompetent to be executed, or filing a second or later postconviction petition.