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House adopts narrow 'special mitigation' for mentally ill offenders after floor debate
Summary
The Utah House passed Senate Bill 20, creating a narrowly defined 'special mitigation' for defendants delusional at the time of an offense; sponsor Rep. Cox said prosecutors helped draft the bill and the defense bears the burden of proof. Vote: 47–21.
The Utah House on Feb. 4 approved Senate Bill 20, which creates a narrowly tailored "special mitigation" for defendants who were delusional at the time they committed an offense.
Sponsor Representative Cox told colleagues the measure does not expand the insanity defense but allows a one-degree mitigation where a defendant’s delusion—if the delusional facts were true—would have legally justified the use of deadly force. "This…
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