Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 11 (2015GS)

Sponsor

Rep. Ray, P.

Final action

Governor Signed 3/23/2015

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• provides that if substances are not available to carry out the death penalty by lethal injection on the date specified by warrant, the death penalty shall be carried out by firing squad.

Every vote on this bill

Bill text

DEATH PENALTY PROCEDURE AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Paul Ray
Senate Sponsor: 
David P. Hinkins
LONG TITLE
General Description:
This bill modifies the Utah Code of Criminal Procedure regarding the execution of the
death penalty.
Highlighted Provisions:
This bill:
▸ provides that if substances are not available to carry out the death penalty by lethal
injection on the date specified by warrant, the death penalty shall be carried out by
firing squad.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
76-2-404
, as last amended by Laws of Utah 2004, Chapter 51
77-18-5.5
, as last amended by Laws of Utah 2004, Chapter 51
77-19-10
, as last amended by Laws of Utah 2004, Chapter 51
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
76-2-404
 is amended to read:
76-2-404.
Peace officer's use of deadly force.
(1) A peace officer, or any person acting by [
his
] 
the officer's
 command in [
his
]
providing
 aid and assistance, is justified in using deadly force when:
(a) the officer is acting in obedience to and in accordance with the judgment of a
competent court in executing a penalty of death under Subsection 
77-18-5.5
[
(3) or (4)
]
(2), (3),
or (4)
;
(b) effecting an arrest or preventing an escape from custody following an arrest, where
the officer reasonably believes that deadly force is necessary to prevent the arrest from being
defeated by escape; and
(i) the officer has probable cause to believe that the suspect has committed a felony
offense involving the infliction or threatened infliction of death or serious bodily injury; or
(ii) the officer has probable cause to believe the suspect poses a threat of death or
serious bodily injury to the officer or to others if apprehension is delayed; or
(c) the officer reasonably believes that the use of deadly force is necessary to prevent
death or serious bodily injury to the officer or another person.
(2) If feasible, a verbal warning should be given by the officer prior to any use of
deadly force under Subsection (1)(b) or (1)(c).
Section 2. Section 
77-18-5.5
 is amended to read:
77-18-5.5.
Judgment of death -- Method is lethal injection -- Exceptions for use of
firing squad.
(1) 
(a)
 When a defendant is convicted of a capital felony and the judgment of death has
been imposed, lethal intravenous injection is the method of execution.
[
(2)
] 
(b)
 Subsection (1)
(a)
 applies to any defendant sentenced to death on or after May
3, 2004
, except under Subsections (2), (3), and (4)
.
[
(3)
] 
(2)
 If a court holds that a defendant has a right to be executed by a firing squad,
the method of execution for that defendant shall be a firing squad. This Subsection [
(3)
] 
(2)
applies to any defendant whose right to be executed by a firing squad is preserved by that
judgment.
[
(4)
] 
(3)
 (a) If a court holds that execution by lethal injection is unconstitutional on its
face, the method of execution shall be a firing squad.
(b) If a court holds that execution by lethal injection is unconstitutional as applied, the
method of execution for that defendant shall be a firing squad.
(4) The method of execution for the defendant is the firing squad if the sentencing
court determines the state is unable to lawfully obtain the substance or substances necessary to
conduct an execution by lethal intravenous injection 30 or more days prior to the date specified
in the warrant issued upon a judgment of death under Section 
77-19-6
.
Section 3. Section 
77-19-10
 is amended to read:
77-19-10.
Judgment of death -- Location and procedures for execution.
(1) The executive director of the Department of Corrections or [
his
] 
a
 designee shall
ensure that the method of judgment of death specified in the warrant 
or as required under
Section 
77-18-5.5
 is carried out at a secure correctional facility operated by the department and
at an hour determined by the department on the date specified in the warrant.
(2) When the judgment of death is to be carried out by lethal intravenous injection, the
executive director of the department or [
his
] 
a
 designee shall select two or more persons trained
in accordance with accepted medical practices to administer intravenous injections, who shall
each administer a continuous intravenous injection, one of which shall be of a lethal quantity
of
:
(a)
 sodium thiopental
;
 or
(b)
 other equally or more effective substance sufficient to cause death.
(3) If the judgment of death is to be carried out by firing squad under Subsection
77-18-5.5
[
(3) or (4),
]
(2), (3), or (4)
 the executive director of the department or [
his
] 
a
 designee
shall select a five-person firing squad of peace officers.
(4) Compensation for persons administering intravenous injections and for members of
a firing squad under Subsection 
77-18-5.5
[
(3) or (4)
]
(2), (3), or (4)
 shall be in an amount
determined by the director of the Division of Finance.
(5) Death under this section shall be certified by a physician.
(6) The department shall adopt and enforce rules governing procedures for the
execution of judgments of death.