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Code · Utah · Title 77 — Utah Code of Criminal Procedure · Chapter 19

77-19-9. Sentence of death not executed -- Order for execution.

331 words·~2 min read·/ut/title-77/chapter-19/77-19-9

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Effective 5/6/2026
77-19-9. Sentence of death not executed -- Order for execution.
(1)If for any reason a sentence of death has not been executed and remains in force, the attorney general, or the county or district attorney in the county or district in which the conviction occurred, may apply for an order of execution from the court in which the conviction occurred.
(a)Within 21 days after the application is filed, the court shall:
(i)subject to Subsections (2)(b) and
(c), enter an order requiring the executive director of the Department of Corrections, or the executive director's designee, to ensure that the sentence is executed on a specified day if no legal reason exists against the execution of a sentence for death; and
(ii)draw and deliver another warrant for the execution of the sentence for death in accordance with Section 77-19-6 .
(b)Except as provided in Subsection (2)(c) , the specified day described in Subsection (2)(a)(i) may not be:
(i)sooner than 30 days after, or later than 60 days after, the day on which the court enters the order for execution; or
(ii)a Sunday, Monday, or legal holiday under Section 63G-1-301 .
(c)If the defendant seeks review of a finding of competency by the Supreme Court and the Supreme Court does not set the finding of competency aside, the specified day described in Subsection (2)(a)(i) may not be:
(i)sooner than 15 days after, or later than 30 days after, the day on which the court enters the order for execution; and
(ii)a Sunday, Monday, or legal holiday under Section 63G-1-301 .
(d)No legal reason exists under Subsection (2)(a)(i) if:
(i)there is no stay in effect for the sentence; and
(ii)there is no procedural defect in the warrant application process.
(3)The Department of Corrections shall determine the hour, within the specified day, at which the sentence is to be executed.
Amended by Chapter 345 , 2026 General Session
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