Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 187 (2017GS)

Sponsor

Rep. Handy, S.

Final action

House/ filed 3/9/2017

Outcome

Failed / filed without passage

Summary

What it does

• This bill:
• provides the auditor with guidelines for determining the scope of costs incurred by capital cases, including when the death penalty is sought and when it is not;
• describes the various prosecutions and outcomes regarding capital cases, including conviction and plea bargains; and
• directs that the auditor report to the Legislature, including recommendations Ĥ→ [ , by July 1, 2018 ] ←Ĥ .

Every vote on this bill

Bill text

This document includes House Floor Amendments incorporated into the bill on Tue, Feb 21, 2017 at 4:05 PM by jeyring.
COSTS FOR AGGRAVATED MURDER OFFENSES
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Stephen G. Handy
Senate Sponsor: 
 Todd Weiler
LONG TITLE
General Description:
This bill directs the Legislative Auditor General to conduct an audit of the comparative
costs of the death penalty capital offenses and non-death penalty capital cases.
Highlighted Provisions:
This bill:
▸ provides the auditor with guidelines for determining the scope of costs incurred by
capital cases, including when the death penalty is sought and when it is not;
▸ describes the various prosecutions and outcomes regarding capital cases, including
conviction and plea bargains; and
▸ directs that the auditor report to the Legislature, including recommendations 
Ĥ→ [
, by
July 1, 2018
] ←Ĥ
 .
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
ENACTS:
36-30-101
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
36-30-101
 is enacted to read:
 36-30-101.
Death penalty audit.
(1) The Office of the Legislative Auditor General shall conduct an audit, subject to the
prioritization of the Legislative Audit Subcommittee, to determine the fiscal costs
Ĥ→ 
and
31a 
potential cost avoidance
 ←Ĥ
to state and
local agencies, and other entities:
(a) to prosecute capital offenses as:
(i) death penalty cases; or
(ii) cases where the death penalty is not sought;
(b) to prosecute capital offenses as death penalty cases when the death penalty is
imposed, and when the death penalty is not imposed;
(c) to prosecute capital offenses when the death penalty is sought but the case is:
(i) resolved by plea bargain;
(ii) resolved without trial by a sentence of life without parole; or
(iii) addressed by other strategic litigation decisions that result in a plea that resolves
the capital offense charge; or
(d) in the appeal process for capital cases, when the death penalty is imposed; and
(e) when a case is resolved by a sentence lesser than life without parole.
(2) The audit shall include the following costs for death penalty capital cases as
compared to non-death penalty cases in each of the types of prosecutions and case resolutions
described in Subsection (1), as incurred:
(a) by:
(i) law enforcement;
(ii) county jails;
(iii) the court, including use of buildings and facilities, staff, and security;
(iv) the Department of Corrections prior to the exhaustion of appeals of a capital
conviction;
(v) the Department of Corrections regarding incarceration of persons convicted of
capital offenses after the exhaustion of the defendant's appeals, both when the death penalty is
imposed and when the death penalty is not imposed; and
(vi) the Board of Pardons and Parole, where applicable; and
(b) for:
(i) pretrial costs;
(ii) medical and psychiatric services provided to the defendant, including examinations
and testimony;
(iii) expert witnesses;
(iv) other witnesses;
(v) juries;
(vi) sentencing hearings;
(vii) prosecution, including both state and county prosecutors;
(viii) defense costs, including state and local defense attorneys;
(ix) appeals and postconviction actions; and
(x) the execution, including facilities, staff, and security measures.
(3)
Ĥ→ 
The audit shall include any cost avoided for the costs listed in Subsection (2) for
70a 
any aggravated murder case that is:
70b 
 (a) resolved by plea bargain;
70c 
 (b) resolved without trial by a sentence of life without parole; or
70d 
 (c) addressed by other strategic litigation decisions that result in a plea that resolves the
70e 
capital ofense charge.
70f 
 (4)
 ←Ĥ
The Office of the Legislative Auditor General shall report
Ĥ→ [
the audit on or
70g 
before
July 1, 2018,
] ←Ĥ
to the:
(a) Law Enforcement and Criminal Justice Interim Committee; and
(b) Executive Offices and Criminal Justice Appropriations Subcommittee.
(4) The report shall include:
(a) the audit findings;
(b) issues the auditor may find that limit access to information; and
(c) recommendations the auditor may have for legislative action to facilitate improved
access to agency information.
Legislative Review Note
Office of Legislative Research and General Counsel