H.J.R. 28
EnrolledJoint Resolution Amending Court Rules Related to Capital Felony Cases
HJR028S01 (Substitute)
Joint Resolution Amending Court Rules Related to Capital Felony Cases
Introduction
Feb 19
House Rules
House Committee
Feb 25
House Floor Vote
Feb 27
Senate Rules
Mar 4
Senate Committee
Mar 3
Senate 2nd Reading
Mar 5
Senate 3rd Reading
Mar 6
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.
H.J.R. 28
EnrolledJoint Resolution Amending Court Rules Related to Capital Felony Cases
Current version: HJR028S01 (Substitute)
Introduction
Feb 19
House Rules
House Committee
Feb 25
House Floor Vote
Feb 27
Senate Rules
Mar 4
Senate Committee
Mar 3
Senate 2nd Reading
Mar 5
Senate 3rd Reading
Mar 6
IntroductionFeb 19
House Rules
House CommitteeFeb 25
House Floor VoteFeb 27
Senate RulesMar 4
Senate CommitteeMar 3
Senate 2nd ReadingMar 5
Senate 3rd ReadingMar 6
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.
Votes
Motion: Favorable Recommendation
Motion: Favorable Recommendation
Documents
Floor Debates
Committee Hearings
Other Versions
Original
Subjects
Action History47
House/ to Lieutenant Governor
Lieutenant Governor's office for filing
House/ received enrolled bill from Printing
Clerk of the House
House/ to Lieutenant Governor
Lieutenant Governor's office for filing
House/ received enrolled bill from Printing
Clerk of the House
House/ enrolled bill to Printing
Clerk of the House
Last updated Mar 26, 2026, 9:43 PM
