All Roll Calls
Yes: 159 • No: 33
UtahH.B. 4952026 General SessionHouseWALLET
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
14 provisions identified: 3 benefits, 5 costs, 6 mixed.
Death sentences get faster court review
Beginning May 6, 2026, the Utah Supreme Court handles capital-case appeals and automatic death-sentence review. At death sentencing, courts must explain appeal and postconviction rights and appoint appellate counsel unless waived or privately retained. If the defendant waives an appeal or misses its deadline, automatic review checks for manifest injustice within 120 days after record certification. That review usually needs no written arguments, but the court can request them before changing the conviction or sentence. Automatic reviews take priority over all other Supreme Court cases. Capital appeals and special relief petitions take priority over noncapital felony cases and receive expedited handling. Capital postconviction cases take priority in district court, except over capital trials. The law also repeals the former section titled “Capital cases”; the supplied text does not establish a separate practical effect from that repeal.
More funding for death sentence challenges
Beginning May 6, 2026, Utah doubles standard state-funded limits for covered postconviction legal work in death cases. Courts can approve reasonable attorney fees up to $250 per hour and $120,000 total, previously $125 and $60,000. The litigation expense limit rises from $20,000 to $40,000. Those expenses can cover investigators, mitigation specialists, mental health or forensic experts, and support staff. Payments above either total limit require a court finding of good cause.
New lawyers for death sentence challenges
Beginning May 6, 2026, courts must appoint qualified counsel within 30 days after the Supreme Court returns an affirmed death case. The sentencing court must explain postconviction challenges on the record. The appointed lawyer cannot have represented the person at trial or on direct appeal. The person can hire private counsel or waive appointment only after the court confirms understanding of the legal consequences. The Supreme Court maintains a list of qualified lawyers for these cases.
Less public counsel for repeat challenges
Beginning May 6, 2026, courts cannot appoint publicly paid counsel for most second or later death-sentence postconviction petitions. Exceptions remain for the specified newly discovered evidence claim. Another exception covers the specified claim that could not have been raised in an earlier post-trial motion or postconviction case.
Limits on mental health sentencing arguments
Beginning May 6, 2026, capital defendants face a limit on mental health arguments for a lower sentence. An abnormality shown mainly through repeated criminal conduct does not count as a mental condition under this sentencing rule.
Narrower death exemptions and tougher challenges
Beginning May 6, 2026, intellectual disability still bars death when significant intellectual and daily-functioning limits both appeared before age 22. The law removes a separate exemption for defendants outside that definition who had those limits and confessions lacking substantial independent evidence. Defendants seeking an exemption must cooperate fully with health-department experts and independent defense or prosecution examiners. A court finding of willful refusal bars the defendant's expert testimony about the exemption. Prosecutors have a right to appeal an order granting the exemption.
Stricter deadlines for execution competency challenges
Beginning May 6, 2026, inmates, their lawyers, and state lawyers can request execution-competency examinations using specific supporting facts. A petition filed fewer than 21 days before execution needs an examining licensed doctor's or psychologist's affidavit and good cause. After a prior competency finding, another hearing requires a substantial change raising a significant question about competency. A new examination affidavit must conclude that the change makes the inmate incompetent and state facts previously unknown to the defense.
Tighter limits on legal help claims
Beginning May 6, 2026, the Supreme Court cannot decide ineffective-lawyer claims during direct appeals or automatic reviews of death sentences. It can decide those claims in appeals involving postconviction relief from a death sentence. District courts cannot hear ineffective-lawyer claims within criminal cases involving capital charges. The law creates no right to effective postconviction counsel, and ineffective postconviction counsel cannot support relief. Appointing counsel does not count as a review application or pause the state's postconviction filing deadline.
Disability screening adds safeguards and deadlines
Beginning May 6, 2026, a death-penalty notice triggers IQ screening by a licensed psychologist with five years of disability-evaluation experience. The report is due within 30 days, with extensions for cause. An IQ above 75 gives the defendant 30 days after the report to present contrary intellectual or daily-functioning evidence. An IQ of 75 or less, or that evidence, requires examination by at least two independent health-department experts. Their reports are due within 60 days, with extensions for cause; the exemption's supporter must prove disability is more likely than not. The health department pays examination costs, and counties pay travel costs. A knowing and voluntary objection waives the exemption claim, but mental-capacity evidence remains available to seek a lower sentence. The judge decides exemption eligibility, not the jury, and must record written findings when disability is found. The law also repeals the former section allowing courts to raise intellectual disability at any time.
Execution exams bring safeguards and obligations
Beginning May 6, 2026, qualifying competency concerns or petitions require immediate health-department examination by at least two experts not treating the inmate. Reports are due within 30 days, with limited extensions; hearings follow 5–15 days after reports. Experts assess understanding of execution and punishment, the role of mental disorders, and medication needs. Interviews are videotaped unless the court orders otherwise; recordings and reports enter the court record. Inmates must cooperate, and courts can authorize health-record access without consent or another court order. The inmate is presumed competent; the party claiming incompetence must prove it is more likely true than not.
Execution pauses face strict restart rules
Beginning May 6, 2026, courts can pause executions only under Utah's Rule 27. Corrections officials can temporarily pause execution for apparent incompetence or pregnancy until the condition no longer applies. Courts must send pregnancy or competency findings to the parole board and corrections department as required. A competency finding automatically lifts a court stay and generally requires another warrant; pregnancy ending generally triggers another warrant too. If a stay ends before the scheduled execution and the sentence remains valid, no new order or warrant is needed. For an unexecuted, valid death sentence, state prosecutors can request an order that the court must issue within 21 days unless legally barred. Execution normally follows 30–60 days after the order, or 15–30 days after unsuccessful Supreme Court review of a competency finding. Dates cannot fall on Sundays, Mondays, or legal holidays; no stay and no application defect means no legal bar under this rule. Executions occur in secure facilities under corrections procedures, using specified lethal-injection or firing-squad personnel, with physician certification of death. The state finance division sets those personnel's compensation, and the law repeals the former death-judgment statement section.
New sentencing rules for capital defendants
Beginning May 6, 2026, capital sentencing follows new rules. Adults who were at least 18 when the crime occurred face death or a prison term of at least 25 years, possibly life. Life without parole is also available for sentences imposed on or after April 27, 1992. Defendants under 18 at the offense, sentenced on or after May 10, 2016, cannot receive death or life without parole. A jury must unanimously choose death and find beyond a reasonable doubt that aggravating factors outweigh mitigating factors and death is appropriate. Without unanimous agreement on death, at least 10 jurors must agree that life without parole is appropriate. Fewer than 10 means a term of at least 25 years, possibly life, subject to statutory sentencing exceptions. After a guilty plea, judge sentencing requires the defendant's request, court approval, and the prosecutor's consent.
Sentencing errors leave capital convictions standing
Beginning May 6, 2026, an error requiring a new capital sentencing does not undo the conviction. Evidence properly admitted at the earlier trial and sentencing remains usable. A new jury generally handles resentencing if the first sentencing used a jury. The defendant can choose judge sentencing only with court approval and the prosecutor's consent. The original trial judge handles that proceeding, or a new judge if the original judge is unavailable.
Treatment safeguards for inmates facing execution
Beginning May 6, 2026, a mental condition bars execution competency when it prevents rational understanding that execution punishes murder. After state and federal review ends, an active warrant and execution date trigger a corrections notice duty. Good reason to suspect pregnancy or a competency concern requires immediate written notice to the court, prosecutors, attorney general, and defense counsel. A competency notice requires an examination and a hearing allowing both sides to participate. A finding of incompetence stops execution and requires treatment in secure prison or State Hospital confinement, chosen by the department directors. Full reassessment reports are due within 90 days, with hearings at least every 18 months while incompetence continues. Staff cannot force psychoactive medication solely to restore competency for execution.
Sponsors & Cosponsors
Sponsor
Candice B. Pierucci
Republican • House
Cosponsors
Carl R. Albrecht
Republican • House
Tiara Auxier
Republican • House
Burton, J.
Affiliation unavailable
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/ uncircled
Yes: 0 • No: 0
Senate vote • 3/6/2026
Senate/ passed 2nd & 3rd readings/ suspension
Yes: 20 • No: 6
Senate vote • 3/5/2026
Senate/ circled
Yes: 0 • No: 0
Senate vote • 3/3/2026
Senate Comm - Substitute Recommendation
Yes: 6 • No: 0
Senate vote • 3/3/2026
Senate Comm - Favorable Recommendation
Yes: 6 • No: 0
House vote • 2/25/2026
House/ uncircled
Yes: 0 • No: 0
House vote • 2/25/2026
House/ passed 3rd reading
Yes: 56 • No: 13
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