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Senate narrows Utah’s unique practice on judge-vs-jury sentencing in capital cases
Summary
House Bill 306 was approved to require both prosecution and defense to agree before a judge — rather than a jury — can decide sentencing in capital cases; sponsors said the measure removes an unusual Utah-unique practice and ensures fairness, opponents raised constitutional concerns.
The Utah Senate on Feb. 26 approved House Bill 306, a measure altering who may decide the penalty phase in capital homicide cases.
Under current Utah practice, defense counsel could waive a jury and have the judge determine sentencing in the penalty phase unilaterally after a guilty verdict. HB 306 would require both the prosecution and defense to agree to a judge-decided penalty phase rather than allowing the defense alone to make that choice.
"This would simply make it that both sides have to agree," the bill’s sponsor told colleagues, adding the change brings Utah more in line with the law in most states. Supporters said the change is a response to situations in which a defense waiver could let defendants avoid a jury determination of penalty in cases with community interest or local sensitivities.
Opponents said the proposal touches on a defendant’s procedural options. Senator Warren asked whether the change impinges on the defendant’s right to choose a bench sentencing option; sponsors responded that the change addresses a unique Utah practice and preserves fairness by requiring mutual consent.
After debate, the Senate passed HB 306 on a roll-call vote, 23 ayes to 1 nay with 5 absent. The measure will go back to the House for enrollment and signature.
