LEGISLATIVE FACT SHEET
HOMICIDE AMENDMENTS
S.B. 85
Sponsor: Sen. Steven Urquhart
For more information, please contact
Creighton Horton (556-3462) or Scott Reed (281-1240)
WHY IS THIS LEGISLATION NEEDED?
A person who commits aggravated murder or murder can have the level of his offense
mitigated by one degree if he kills another under the influence of extreme emotional
distress. Under current law, once a defendant raises the issue, the State has the burden of
disproving the existence of extreme emotional distress beyond a reasonable doubt.
In Patterson v. New York , 432 U.S. 197 (1977), the U.S. Supreme Court established the
principle that it is constitutional to allocate the burden of proof to a homicide defendant,
and to provide that, in order to prevail, a defendant must establish by a preponderance of
the evidence that he was actually experiencing extreme emotional distress when he killed
the victim, rather than just the possibility.
When Patterson was decided in 1977, only New York had such a statute. Now, 15 other
states have changed their statutes to this more intuitive statutory scheme, more than half
within the last 10 years.
The defense of extreme emotional distress is similar to the defense of special mitigation
which already exists in the Utah Criminal Code. Special mitigation must be established
by a preponderance of the evidence. As a matter of public policy, both forms of
mitigation should be treated the same
WHAT DOES THIS LEGISLATION DO?
Brings Utah in line with the Patterson decision and the national trend, by providing that a
defendant charged with aggravated murder or murder who wishes to assert the defense of
extreme emotional distress must establish it by a preponderance of the evidence.
Adds the defense of extreme emotional distress to Utah’s special mitigation statute,
which already requires defendants who assert the defense to establish special mitigation
by a preponderance of the evidence.
WHO SUPPORTS THIS LEGISLATION?
* Statewide Assoc. of Prosecutors
* Attorney General's Office
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FACT Homicide Amends
Commission on Criminal & Juvenile Justice
Utah Sentencing Commission
Law Enforcement Legislative Committee
Utah Council on Victims of Crime
Utah Board of Juvenile Justice