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.

. . .

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.

. . .

Last Action: 23 Mar 2015, Governor Signed