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2025 Utah Code
Title 77 - Utah Code of Criminal Procedure
Chapter 15a - Exemptions From Death Penalty In Capital Cases
Section 105 - Defendant's wilful failure to cooperate -- Expert testimony regarding intellectual disability is barred.
Universal Citation:
UT Code § 77-15a-105 (2025)
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Effective 5/3/2023
77-15a-105. Defendant's wilful failure to cooperate -- Expert testimony regarding intellectual disability is barred.
Amended by Chapter 330, 2023 General Session
77-15a-105. Defendant's wilful failure to cooperate -- Expert testimony regarding intellectual disability is barred.
- (1) If the defendant files notice, raises the issue, or intends to present evidence or make an argument that the defendant is exempt from the death penalty under this chapter, the defendant shall make himself available and fully cooperate in any examination by mental health experts appointed by the Department of Health and Human Services and any other independent examiners for the defense or the prosecution.
- (2) If the defendant wilfully fails to make himself available and fully cooperate in the examination, and that failure is established to the satisfaction of the court, the defendant is barred from presenting expert testimony relating to any exemption from the death penalty under this chapter.
Amended by Chapter 330, 2023 General Session
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