Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 284 (2018GS)

Sponsor

Rep. Roberts, M.

Final action

House/ filed 3/8/2018

Outcome

Failed / filed without passage

Summary

What it does

• This bill:
• modifies rights of a defendant;
• defines "manifestly unjust";
• addresses jury instructions; and
• makes technical and conforming amendments.

Every vote on this bill

Bill text

CRIMINAL PROCEDURE AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Marc K. Roberts
Senate Sponsor: 
____________
LONG TITLE
General Description:
This bill modifies provisions related to jury instructions.
Highlighted Provisions:
This bill:
▸ modifies rights of a defendant;
▸ defines "manifestly unjust";
▸ addresses jury instructions; and
▸ makes technical and conforming amendments.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
77-1-6
, as enacted by Laws of Utah 1980, Chapter 15
77-17-10
, as enacted by Laws of Utah 1980, Chapter 15
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
77-1-6
 is amended to read:
77-1-6.
Rights of defendant.
(1) In criminal prosecutions the defendant is entitled 
to
:
(a) [
To
] appear in person and defend in person or by counsel;
(b) [
To
] receive a copy of the accusation filed against [
him
] 
the defendant
;
(c) [
To
] testify in [
his
] 
the defendant's
 own behalf;
(d) [
To
] be confronted by the witnesses against [
him
] 
the defendant
;
(e) [
To
] have compulsory process to insure the attendance of witnesses in [
his
] 
the
defendant's
 behalf;
(f) [
To
] a speedy public trial by an impartial jury of the county or district where the
offense is alleged to have been committed;
(g) [
To
] the right of appeal in all cases; [
and
]
(h) [
To
] be admitted to bail in accordance with provisions of law, or be entitled to a
trial within 30 days after arraignment if unable to post bail and if the business of the court
permits[
.
]
; and
(i) request a jury instruction described in Section 
77-17-10
 related to a jury's power to
find a defendant not guilty on a charge when a guilty verdict on that charge would be
manifestly unjust.
(2) In addition:
(a) [
No person shall
] 
a person may not
 be put twice in jeopardy for the same offense;
(b) [
No accused person shall
] 
an accused person may not
, before final judgment, be
compelled to advance money or fees to secure rights guaranteed by the Constitution or the laws
of Utah, or to pay the costs of those rights when received;
(c) [
No person shall
] 
a person may not
 be compelled to give evidence against [
himself
]
the person
;
(d) [
A
] 
a
 wife [
shall
] 
may
 not be compelled to testify against her husband nor a
husband against his wife; and
(e) [
No person shall
] 
a person may not
 be convicted unless by verdict of a jury, or upon
a plea of guilty or no contest, or upon a judgment of a court when trial by jury has been waived
or, in case of an infraction, upon a judgment by a magistrate.
Section 2. Section 
77-17-10
 is amended to read:
77-17-10.
Court to determine law -- The jury to determine the facts - Jury
instruction.
(1) In a jury trial, questions of law are to be determined by the court, questions of fact
by the jury.
(2) The jury may find a general verdict [
which
] 
that
 includes questions of law as well
as fact but they are bound to follow the law as stated by the court.
(3) (a) As used in this Subsection (3), "manifestly unjust" means a finding that the
application of the facts to the law is shocking to the conscience or results in an injustice that is
direct and obvious to a reasonable person with due consideration of the totality of
circumstances.
(b) A defendant may request that the court provide the jury a jury instruction that
allows the jury to find a defendant not guilty on a specific charge when a guilty verdict would
be manifestly unjust.
(c) A court may provide the jury instruction described in Subsection (3)(b) if the court
finds that there is a sufficient factual basis to support a jury finding a defendant not guilty of
the charge because a guilty verdict would be manifestly unjust.
Legislative Review Note
Office of Legislative Research and General Counsel