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First Substitute S.B. 165

Senator D. Edgar Allen proposes to substitute the following bill:


             1     
VICTIM REPRESENTATION AT AN EXECUTION

             2     
2000 GENERAL SESSION

             3     
STATE OF UTAH

             4     
Sponsor: D. Edgar Allen

             5      AN ACT RELATING TO CRIMINAL PROCEDURE AND VICTIMS' RIGHTS; PROVIDING
             6      FOR THE ATTENDANCE OF RELATIVES OR REPRESENTATIVES OF THE VICTIM AT
             7      THE EXECUTION OF THE OFFENDER; AND AMENDING PROVISIONS REGARDING
             8      ATTENDANCE OF THE PRESS.
             9      This act affects sections of Utah Code Annotated 1953 as follows:
             10      AMENDS:
             11          77-19-11, as last amended by Chapter 113, Laws of Utah 1996
             12      Be it enacted by the Legislature of the state of Utah:
             13          Section 1. Section 77-19-11 is amended to read:
             14           77-19-11. Who may be present -- Photographic and recording equipment.
             15          (1) As used in this section:
             16          (a) "Close relative of the deceased victim" means:
             17          (i) the spouse of the victim;
             18          (ii) a parent or stepparent of the victim;
             19          (iii) a brother, sister, stepbrother, stepsister, child, or stepchild of the victim; and
             20          (iv) any person who had a close relationship with the deceased victim, or with a close
             21      relative of the victim, upon the recommendation of the victim assistance coordinator for the
             22      Department of Corrections or for the Office of the Attorney General.
             23          (b) "Director" means the executive director of the Department of Corrections, or the
             24      director's designee.
             25          [(1)] (2) At the discretion of the [executive] director [of the Department of Corrections or

             26      his designee], the following persons may attend the execution:
             27          (a) the prosecuting attorney, or [his] a designated deputy, of the county in which the
             28      defendant committed the offense for which he is being executed;
             29          (b) no more than two law enforcement officials from the county in which the defendant
             30      committed the offense for which he is being executed;
             31          (c) the attorney general or [his designated deputy] a designee; [and]
             32          (d) religious representatives, friends, or relatives designated by the defendant, not
             33      exceeding a total of five persons[.]; and
             34          (e) no more than five close relatives of the deceased victim, as selected by the director, but
             35      giving priority in the order listed in Subsection (1)(a).
             36          [(2)] (3) The persons [enumerated] listed in Subsection (2) may not be required to attend,
             37      nor may any of them attend as a matter of right.
             38          [(3)] (4) The [executive] director [of the department or his designee] shall permit the
             39      attendance at the execution of [a total of nine] members of the press and broadcast news media:
             40          (a) as named by the [executive] director [of the department] in accordance with rules of
             41      the department[, provided that]; and
             42          (b) with the agreement of the selected news media members that they serve as a pool for
             43      other members of the news media [as a condition of attendance].
             44          [(4)] (5) (a) Photographic or recording equipment is not permitted at the execution site
             45      until the execution is completed, the body is removed, and the site has been restored to an orderly
             46      condition. However, the physical arrangements for the execution may not be disturbed.
             47          (b) A violation of this subsection is a class B misdemeanor.
             48          [(5)] (6) All persons in attendance are subject to reasonable search as a condition of
             49      attendance.
             50          [(6)] (7) (a) The following persons may also attend the execution:
             51          (i) staff as determined [necessary for the execution] by the [executive] director [of the
             52      department or his designee]; and
             53          (ii) no more than three correctional officials from other states that are preparing for
             54      executions, but no more than two correctional officials may be from any one state, as designated
             55      by the [executive] director [of the department or his designee].
             56          (b) [Any] A person younger than 18 years of age may not attend.

             57          [(7)] (8) The department shall adopt rules governing the attendance of persons, including
             58      the number of media representatives, at the execution. These rules shall be in accordance with this
             59      section.

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