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House passes bill to fund counsel in certain post-conviction death-penalty appeals; fiscal note revised to $200,000 per year
Summary
Lawmakers passed HB 60 to provide paid counsel for a narrow class of post-conviction death-penalty appeals so the state can qualify for federal procedures designed to shorten appeals; supporters cited small caseloads, opponents pressed for fiscal clarity after a revised $200,000 annual fiscal note.
Representative James Stevens’s HB 60, designed to fund counsel for certain post-conviction appeals in capital cases, passed the House and will be transmitted to the Senate.
Supporters said the change is intended to make appeals more cogent and to allow Utah to take advantage of federal procedures that can reduce the number and duration of appeals in capital cases. "If we provide competent counsel, paid counsel to help these people, the federal system will shut down and limit and reduce the number of appeals," Representative Stevens said in support of the bill, calling the change a way to shorten protracted post-conviction litigation.
The sponsor and floor supporters repeatedly framed the measure as targeted and limited: the House debate noted only a small number of people—about three—were currently in the particular stage of appeals affected by the bill. Representative Jay Valentine testified that the bill was the second stage of prior habeas-corpus legislation and urged members to support funding to complete the package.
Opponents and several questioners pressed the floor about cost and the bill’s grant of delegated rulemaking authority. Representative Curtis cited concerns that the statute, as drafted, did not set explicit limits on attorney fees or rulemaking costs and warned of possible larger fiscal effects over time. Members on the floor repeatedly requested clarity about how the Division of Finance and the Attorney General’s Office would administer and cap the payments.
A revised fiscal note introduced during debate attributed an ongoing cost of about $200,000 per year to implement the counsel funding. The floor record shows advocates saying the Attorney General’s Office estimated per-case appellate representation might be in the $40,000–$45,000 range and that the program could produce multi-year savings by shortening appeals.
Representative Stevens’s backers said funding is needed for Utah to meet requirements of federal legislation discussed during the debate, while opponents asked for more precise statutory guardrails and a clearer plan for administrative rules and long-term fiscal oversight. Following debate and a summation by the sponsor, the House voted to pass HB 60 70–0.
Next steps: HB 60 goes to the Utah Senate for further consideration.
