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Senate narrowly passes prospective repeal of death penalty, replacing it with life without parole

Utah Senate · March 2, 2016
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Summary

After extended floor debate, the Senate passed SB 189 on March 2, 2016, a prospective repeal of capital punishment that would replace it with life without the possibility of parole. Sponsor cited cost, lengthy appeals and risk of wrongful convictions; final tally was 15 yeas, 12 nays and 2 absent.

After more than an hour of extended floor remarks for and against, the Utah Senate passed SB 189, a prospective repeal of the state's death-penalty statute that would substitute life imprisonment without the possibility of parole.

Senator Carter, who introduced the proposal on the floor, framed the change on fiscal and moral grounds, saying the state pays "an extra $1,600,000 to execute" and that the death-penalty process prolongs trauma for victims' families during lengthy appeals. He said the risk of irreversible error and the costs associated with the capital process justified replacing the punishment with life without parole.

Opponents urged caution, questioned fiscal assumptions in the fiscal analyst's report and argued the death penalty remains an appropriate sanction in some cases; supporters pointed to lengthy appellate delays and to research concerns about wrongful convictions. Senators delivered a range of hearings-style remarks, with several personal and policy-based appeals on both sides.

The Senate recorded the final roll call after that debate; the transcript shows the outcome as SB 189 "having received 15 yay votes, 12 nay and 2 being absent," and the presiding officer announced passage and transmittal to the House for further consideration.

Next steps: SB 189 will go to the House for consideration. If both chambers approve the measure and the governor signs it, the state's statutory penalty for the offenses covered would change prospectively to life without parole; procedural rules and appellate practices could require statutory adjustments and administrative changes.