Utah Code 77-15a-101. Intellectually disabled defendant not subject to death penalty — Defendant with subaverage functioning not subject to death penalty if confession not corroborated

(1)	A defendant who is found by the court to be intellectually disabled as defined in Section 77-15a-102 is not subject to the death penalty.

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Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5

(2)

A defendant who does not meet the definition of intellectually disabled under Section 77-15a-102 is not subject to the death penalty if:

(a)	the defendant has significantly subaverage general intellectual functioning that exists concurrently with significant deficiencies in adaptive functioning;

(b)	the functioning described in Subsection (2)(a) is manifested prior to age 22; and

(c)	the state intends to introduce into evidence a confession by the defendant which is not supported by substantial evidence independent of the confession.

Amended by Chapter 115, 2016 General Session