HB 495: Capital Felony Case Amendments - Utah

Substitute #2 → Enrolled · 6 edits · Mar 24, 2026

MODERATE

This bill updates Utah's capital felony laws to modernize procedures for determining intellectual disability, ensuring defendants are not sentenced to death if they meet specific criteria. It also strengthens post-conviction protections by mandating the appointment of appellate counsel, increasing funding for legal representation, and clarifying the Supreme Court's jurisdiction over death penalty appeals.

Scope change

The bill expands the scope of intellectual disability assessments by requiring a prescreening psychologist when prosecutors seek the death penalty and establishes new procedures for appointing counsel after a direct appeal is finished.

REQUIREMENT

Added a mandatory prescreening psychologist to test for intellectual disability when a prosecutor intends to seek the death penalty, aiming to prevent wrongful death sentences for intellectually disabled individuals.

Modified the automatic review process by the Utah Supreme Court to require briefing from the Attorney General if the court finds a conviction should be modified or vacated during an automatic review.

Added a requirement for the Utah Supreme Court to maintain a list of qualified defense counsel specifically for appointing attorneys to represent individuals sentenced to death on post-conviction petitions.

FISCAL

Increased the maximum court-authorized fees for post-conviction relief attorneys from $60,000 to $120,000 and litigation expenses from $20,000 to $40,000 to ensure adequate legal representation.

TIMELINE

Extended the deadline for the Supreme Court to complete an automatic review of a death sentence case from 60 days to 120 days after the record is certified.

DEFINITION

Clarified definitions regarding intellectual disability and mental condition to align with current medical standards and ensure consistent application in sentencing proceedings.

Introduced → Substitute #1 · 7 edits

MODERATE

This bill updates Utah's capital felony laws to clarify sentencing procedures, expand protections for intellectually disabled defendants, and increase funding for post-conviction legal representation.

Scope change

The bill expands eligibility for intellectual disability exemptions and modifies the timeline for competency evaluations, while increasing the scope of available public funding for death penalty appeals.

ELIGIBILITY

Updated the definition of 'intellectually disabled' to align with federal standards, requiring the condition to be manifested before age 22 instead of age 21.

REQUIREMENT

Added a mandatory pre-screening step requiring a licensed psychologist to test a defendant's IQ before a full competency evaluation is ordered, unless the defendant objects.

Modified the rules for successive competency petitions, requiring affidavits from licensed professionals to prove a 'substantial change of circumstances' before a new hearing can be granted.

TIMELINE

Extended the deadline for forensic evaluators to submit competency reports from 30 days to 60 days to allow for more thorough assessments.

FISCAL

Increased the maximum state funding for attorney fees in death penalty post-conviction cases from $60,000 to $120,000 and litigation expenses from $20,000 to $40,000.

ENFORCEMENT

Added a new mechanism allowing the state to appeal an order finding a defendant intellectually disabled, ensuring the ruling can be reviewed by the Supreme Court.

DEFINITION

Clarified that 'mental condition' in sentencing proceedings does not include abnormalities manifested primarily by repeated criminal conduct.

Substitute #1 → Substitute #2 · 7 edits

MODERATE

This bill updates Utah's capital felony laws to clarify sentencing procedures, strengthen protections for defendants with intellectual disabilities, and streamline the process for executing death sentences. It ensures defendants are informed of their appeal rights, establishes stricter criteria for executing inmates who may be incompetent, and increases funding for post-conviction legal representation.

Scope change

The bill applies to all capital felony cases in Utah, specifically modifying procedures for sentencing, competency evaluations, and execution orders.

REQUIREMENT

Sentencing courts must now explicitly advise defendants of their right to a direct appeal and post-conviction relief, and must appoint appellate counsel for those sentenced to death.

Introduced a new 'prescreening psychologist' role to quickly assess IQ before trial; if IQ is above 75, further examination is generally barred unless contrary evidence is presented.

DEFINITION

Clarified the definition of 'intellectually disabled' to require significant subaverage intellectual functioning and adaptive deficiencies manifesting before age 22, which exempts such defendants from the death penalty.

ENFORCEMENT

Tightened rules for executing death sentences, including specific timelines for stays based on pregnancy or competency claims and requiring video recording of competency hearings.

FISCAL

Increased the maximum court-authorized fees for post-conviction relief in death penalty cases from $60,000 to $120,000 for attorneys and from $20,000 to $40,000 for litigation expenses.

TIMELINE

Adjusted deadlines for various proceedings, such as requiring competency evaluation reports within 30 days for death row inmates and setting specific windows for execution warrants.

ELIGIBILITY

Restricted the appointment of public counsel for successive post-conviction petitions to only those based on newly discovered evidence or claims that could not have been raised earlier.

Capital Felony Case Amendments

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