Utah Code § 78B-22-901

Current through the 2024 Third Special Session

Section 78B-22-901 - Definitions

As used in this part:

(1)

(a) "Appellate defense services" means the representation of an indigent individual:

(i) described in Subsection 78B-22-201(1)(d) or who is party to an appeal under Section 77-18a-1;

(ii) in an action or on appeal for postconviction relief under Chapter 9, Postconviction Remedies Act; or

(iii) in an appeal of right from an action for the termination or restoration of parental rights under Chapter 6, Part 1, Utah Adoption Act, Title 80, Chapter 3, Abuse, Neglect, and Dependency Proceedings, or Title 80, Chapter 4, Termination and Restoration of Parental Rights.

(b) "Appellate defense services" does not include the representation of an indigent individual:

(i) facing an appeal in a case where the indigent individual was prosecuted for aggravated murder; or

(ii) in an action or appeal for postconviction relief under Chapter 9, Postconviction Remedies Act, if the indigent individual has been sentenced to death.

(2) "Division" means the Indigent Appellate Defense Division created in Section 78B-22-902.

Utah Code § 78B-22-901

Amended by Chapter 229, 2023 General Session ,§ 1, eff. 5/3/2023.

Amended by Chapter 295, 2022 General Session ,§ 2, eff. 5/4/2022.

Amended by Chapter 281, 2022 General Session ,§ 6, eff. 5/4/2022.

Added by Chapter 371, 2020 General Session ,§ 14, eff. 5/12/2020.

Technically renumbered to avoid duplication of section number also enacted in SB175, Chapter 395.