78B-9-502. Definitions.

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/12/2020

As used in this part:

(1)"Bona fide and compelling evidence" means that the evidence presented by the petitioning prosecutor establishes by a preponderance of the evidence that:

(a)the convicted person is significantly likely to be factually innocent;

(b)newly discovered material evidence, if presented at or before the time of trial, judgment of conviction, or sentencing, would have resulted in a significant probability that the result would have been different; or

(c)there exists information discovered or received by the petitioning prosecution agency after a judgment of conviction and sentencing that:

(i)if disclosed to the convicted person prior to trial, judgment of conviction, or sentencing, would have resulted in a significant probability that the result would have been different; or

(ii)significantly calls into question the legitimacy of the jury verdict, judgment of conviction, or sentence.

(2)"Convicted person" means the person whose conviction or sentence is under review.

(3)"Conviction Integrity Unit" means a program established by a prosecution agency to conduct extrajudicial, fact-based reviews of criminal convictions and sentences.

(4)"Establishing office" means the prosecution agency establishing a conviction integrity unit.

(5)"Factually innocent" means the same as that term is defined in Section 78B-9-401.5 .

(6)"Legitimacy" means consistent with the United States and Utah constitutions, federal and state law, and all rules and principles of a fair and just legal system.

(7)"Newly discovered material evidence" means the same as that term is defined in Section 78B-9-401.5 .

(8)"Petitioning prosecutor" means the prosecutor who files a civil petition seeking relief under this part.

(9)"Prosecution agency" means a county attorney, district attorney, the Office of the Attorney General, or other prosecution agency.

(10)"Significant" or "significantly likely," for purposes of this part, means to a large degree or of a noticeably or measurably large amount.

Enacted by Chapter 203 , 2020 General Session