| (1) |
Terms Used In Utah Code 77-18-113- Convicted: means the same as that term is defined in Section 76-3-201. See Utah Code 77-18-102
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- 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
| (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. |
| (b) |
Subsection (1)(a) applies to any defendant sentenced to death on or after May 3, 2004, except under Subsections (2), (3), and (4). |
|
| (2) |
| (a) |
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. |
| (b) |
This Subsection (2) applies to any defendant whose right to be executed by a firing squad is preserved by that judgment. |
|
| (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. |
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| (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 before the date specified in the warrant issued upon a judgment of death under Section 77-19-6. |
Renumbered and Amended by Chapter 260, 2021 General Session
