All Roll Calls
Yes: 159 • No: 33
UtahH.B. 4952026 General SessionHouse
Capital Felony Case Amendments
Sponsored By: Candice B. Pierucci (Republican)
Signed by Governor
Death PenaltyCourtsCriminal ProcedureInsanity Defense/CompetencyJudicial OperationsLaw Enforcement and Criminal JusticeIndigent CounselPunishmentSentencing
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Bill Overview
Analyzed Economic Effects
8 provisions identified: 1 benefits, 0 costs, 7 mixed.
Death-penalty rules for intellectual disability
Beginning May 6, 2026, “intellectually disabled” means both low intellectual functioning and significant adaptive deficits that began before age 22. If a court finds intellectual disability, the death penalty is barred. The death penalty is also barred if low functioning with adaptive deficits began before 22 and the state relies on a confession without strong independent evidence. Anyone claiming an exemption must fully cooperate with DHHS and independent exams, or the court can exclude their expert testimony. When intellectual disability is at issue, at least one evaluator must have that specialty, and a prescreening psychologist must be licensed with five years’ experience.
Execution dates and procedures
Beginning May 6, 2026, after a death sentence the court sends a statement of the case and a warrant; the sheriff delivers the warrant and certified judgment when moving the person to prison. The execution day must be 30–60 days after the warrant and not on a Sunday, Monday, or legal holiday; the Department of Corrections sets the hour. Only the governor or the Board of Pardons and Parole can generally stay an execution; courts may stay only under Rule 27. The prison director may temporarily suspend if the person appears incompetent or pregnant. If the sentence remains in force, prosecutors can ask the court to set a date; the court must order it within 21 days, with the same day limits (or 15–30 days after competency review if the Supreme Court leaves the finding in place). Executions occur at a secure facility. Lethal injection uses two or more trained staff; a firing squad has five peace officers. A doctor certifies death, the Division of Finance sets pay, and DOC sets rules.
Faster appeals in death cases
Beginning May 6, 2026, prosecutors can appeal rulings on competency to stand trial, competency to be executed, and death‑penalty exemptions. When someone is sentenced to death, the court advises appeal rights and appoints appellate counsel under state rules. If no timely appeal is filed, the Utah Supreme Court automatically reviews the judgment for manifest injustice, aiming to finish within 120 days after the record is certified. The courts give capital appeals and postconviction cases top priority and expedite them.
New rules for capital sentencing
Beginning May 6, 2026, adults (18+) convicted of a capital felony face three options: death, life without parole (for offenses sentenced on or after April 27, 1992), or an indeterminate 25‑years‑to‑life term. If you were under 18 at the time and sentenced on or after May 10, 2016, death and life without parole are banned; the sentence is 25 years to life. Sentencing happens in a separate hearing before the trial jury (unless the judge sentences by agreement). Broad aggravating and mitigating evidence is allowed, and death requires a unanimous jury that finds aggravation outweighs mitigation beyond a reasonable doubt. If death is not unanimous, at least 10 jurors must agree for life without parole; otherwise the court imposes 25‑to‑life. On remand, resentencing is usually before a new jury. If a death sentence is unconstitutional or barred for intellectual disability, the court imposes life without parole, unless an appellate court remands to consider 25‑to‑life to avoid manifest injustice. The law repeals older capital‑case sections and replaces them with these standards.
Postconviction counsel and funding rules
Beginning May 6, 2026, within 30 days after remittitur, the court must advise the person and appoint new postconviction counsel (not prior trial or appeal counsel). For second or later petitions, courts generally do not appoint publicly funded counsel, except for newly discovered evidence or claims that could not have been raised earlier. Courts may authorize up to $250 per hour, capped at $120,000 for attorney fees, and up to $40,000 for litigation expenses; higher amounts need good cause. The Division of Finance pays approved amounts under state rules. Petitioners may ask for funds ex parte when confidentiality is needed, with notice to the state and protection of privileged material. Appointment does not create a right to effective assistance and does not pause filing deadlines. District courts cannot hear ineffective‑assistance claims in cases with a capital felony charge.
Rules for inmates found incompetent
Beginning May 6, 2026, if an inmate is found incompetent to be executed, the court stays the case, notifies the prison and parole board, and orders mental‑health treatment. The law bans forcing psychoactive drugs solely to restore execution competency. DHHS must provide periodic assessments and full reports within 90 days (with one 90‑day extension). The person stays in secure custody at the prison or State Hospital, and the court holds competency hearings at least every 18 months.
Most changes start May 6, 2026
The law takes effect on May 6, 2026.
New rules for competency exams
Beginning May 6, 2026, courts pause a case when a competency petition is filed or the court raises competency, and they order exams only if there is a bona fide doubt. Capital felony cases must have two court‑ordered evaluators; most other cases have one unless the court finds good cause for two. Any party can add another evaluator at their own cost.
Sponsors & Cosponsors
Sponsor
Candice B. Pierucci
Republican • House
Cosponsors
Carl R. Albrecht
Republican • House
Tiara Auxier
Republican • House
Jefferson S. Burton
Republican • House
Kristen Chevrier
Republican • House
Kay J. Christofferson
Republican • House
Clancy, T.
Affiliation unavailable
Ariel Defay
Republican • House
James A. Dunnigan
Republican • House
Joseph Elison
Republican • House
Doug Fiefia
Republican • House
Stephanie Gricius
Republican • House
Gwynn, M.
Affiliation unavailable
Katy Hall
Republican • House
Jon Hawkins
Republican • House
Ken Ivory
Republican • House
Karianne Lisonbee
Republican • House
Matt MacPherson
Republican • House
Daniel McCay
Republican • Senate
Nicholeen P. Peck
Republican • House
Michael J. Petersen
Republican • House
Thomas W. Peterson
Republican • House
Calvin Roberts
Republican • House
Jake Sawyer
Republican • House
Mike Schultz
Republican • House
Troy Shelley
Republican • House
Rex P. Shipp
Republican • House
Casey Snider
Republican • House
Mark A. Strong
Republican • House
Christine F. Watkins
Republican • House
Stephen L. Whyte
Republican • House
Ryan D. Wilcox
Republican • House
Roll Call Votes
House vote • 3/6/2026
House/ concurs with Senate amendment
Yes: 55 • No: 12
Senate vote • 3/6/2026
Senate/ passed 2nd & 3rd readings/ suspension
Yes: 20 • No: 6
Senate vote • 3/6/2026
Senate/ uncircled
Yes: 0 • No: 0
Senate vote • 3/5/2026
Senate/ circled
Yes: 0 • No: 0
House vote • 3/3/2026
Senate Comm - Substitute Recommendation
Yes: 6 • No: 0
House vote • 3/3/2026
Senate Comm - Favorable Recommendation
Yes: 6 • No: 0
House vote • 2/25/2026
House/ passed 3rd reading
Yes: 56 • No: 13
House vote • 2/25/2026
House/ uncircled
Yes: 0 • No: 0
House vote • 2/24/2026
House/ circled
Yes: 0 • No: 0
House vote • 2/19/2026
House Comm - Favorable Recommendation
Yes: 8 • No: 2
House vote • 2/19/2026
House Comm - Substitute Recommendation
Yes: 8 • No: 0
Actions Timeline
Governor Signed
3/24/2026House/ to Governor
3/16/2026HouseHouse/ received enrolled bill from Printing
3/16/2026HouseHouse/ enrolled bill to Printing
3/12/2026HouseEnrolled Bill Returned to House or Senate
3/12/2026Draft of Enrolled Bill Prepared
3/10/2026Bill Received from House for Enrolling
3/10/2026House/ signed by Speaker/ sent for enrolling
3/7/2026HouseHouse/ received from Senate
3/7/2026HouseSenate/ to House
3/6/2026SenateSenate/ signed by President/ returned to House
3/6/2026SenateSenate/ received from House
3/6/2026SenateHouse/ to Senate
3/6/2026HouseHouse/ concurs with Senate amendment
3/6/2026HouseHouse/ placed on Concurrence Calendar
3/6/2026HouseHouse/ received from Senate
3/6/2026HouseSenate/ to House with amendments
3/6/2026SenateSenate/ passed 2nd & 3rd readings/ suspension
3/6/2026SenateSenate/ uncircled
3/6/2026SenateSenate/ circled
3/5/2026SenateSenate/ 2nd & 3rd readings/ suspension
3/5/2026SenateSenate/ Rules to 2nd Reading Calendar
3/5/2026SenateSenate/ 2nd Reading Calendar to Rules
3/4/2026SenateSenate/ placed on 2nd Reading Calendar
3/3/2026SenateSenate/ comm rpt/ substituted
3/3/2026Senate
Bill Text
Enrolled
3/12/2026
Substitute #2
3/3/2026
Substitute #1
2/18/2026
Introduced
2/4/2026