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S.B. 165
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VICTIM REPRESENTATION AT AN
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EXECUTION
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2000 GENERAL SESSION
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STATE OF UTAH
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Sponsor: D. Edgar Allen
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AN ACT RELATING TO CRIMINAL PROCEDURE AND VICTIMS' RIGHTS; PROVIDING
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FOR RELATIVES OR REPRESENTATIVES OF THE VICTIM TO BE PRESENT AT THE
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EXECUTION OF THE OFFENDER.
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This act affects sections of Utah Code Annotated 1953 as follows:
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AMENDS:
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77-19-11, as last amended by Chapter 113, Laws of Utah 1996
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Be it enacted by the Legislature of the state of Utah:
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Section 1.
Section
77-19-11
is amended to read:
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77-19-11. Who may be present -- Photographic and recording equipment.
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(1) At the discretion of the executive director of the Department of Corrections or his
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designee, the following persons may attend the execution:
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(a) the prosecuting attorney, or his designated deputy, of the county in which the defendant
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committed the offense for which he is being executed;
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(b) no more than two law enforcement officials from the county in which the defendant
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committed the offense for which he is being executed;
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(c) the attorney general or his designated deputy; [and]
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(d) religious representatives, friends, or relatives designated by the defendant, not
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exceeding a total of five persons[.]; and
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(e) relatives or representatives of the victim, not exceeding a total number of two persons.
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(2) The persons enumerated in Subsection [(2)] (1) may not be required to attend, nor may
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any of them attend as a matter of right.
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(3) The executive director of the department or his designee shall permit the attendance
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at the execution of a total of nine members of the press and broadcast news media named by the
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executive director of the department in accordance with rules of the department, provided that the
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selected news media members serve as a pool for other members of the news media as a condition
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of attendance.
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(4) (a) Photographic or recording equipment is not permitted at the execution site until
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the execution is completed, the body is removed, and the site has been restored to an orderly
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condition. However, the physical arrangements for the execution may not be disturbed.
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(b) A violation of this Subsection (4) is a class B misdemeanor.
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(5) All persons in attendance are subject to reasonable search as a condition of attendance.
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(6) (a) The following persons may also attend the execution:
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(i) staff as determined necessary for the execution by the executive director of the
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department or his designee; and
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(ii) no more than three correctional officials from other states that are preparing for
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executions, but no more than two correctional officials may be from any one state, as designated
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by the executive director of the department or his designee.
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(b) Any person younger than 18 years of age may not attend.
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(7) The department shall adopt rules governing the attendance of persons at the execution
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in accordance with this section.
Legislative Review Note
as of 1-26-00 2:44 PM
A limited legal review of this legislation raises no obvious constitutional or statutory concerns.