Utah § 77-19-203 - Petition for inquiry as to competency to be executed -- Filing -- Contents.

Full text of Utah Utah Code § 77-19-203 — Petition for inquiry as to competency to be executed -- Filing -- Contents., with citation guidance and answers to common questions.

§ 77-19-203. Petition for inquiry as to competency to be executed -- Filing -- Contents.

Effective 5/6/2026
77-19-203.  Petition for inquiry as to competency to be executed -- Filing -- Contents.
(1)If an inmate who has been sentenced to death is or becomes incompetent to be executed, a petition under Subsection (2) may be filed in the district court of the county where the inmate is confined.
(2)The petition shall:
(a)contain a certificate stating that it is filed in good faith and on reasonable grounds to believe the inmate is incompetent to be executed; and
(b)contain a specific recital of the facts, observations, and conversations with the inmate that give rise to the belief that the inmate may not be competent to be executed.
(3)The petition may be:
(a)based upon knowledge or information and belief; and
(b)filed by the inmate alleged to be incompetent, legal counsel for the inmate, or by an attorney representing the state.
(4)
(a)A petition for an examination of the inmate that is filed fewer than 21 days before the day on which the inmate is scheduled to be executed is untimely.
(b)A court may not consider a petition that is untimely under Subsection (4)(a) unless the petition is accompanied by:
(i)at least one affidavit from a licensed physician or licensed psychologist who has examined the inmate and determined that, in the physician's or psychologist's opinion, the inmate is not competent to proceed; and
(ii)a statement that establishes good cause for the failure to file a petition for examination in a timely manner.
(5)Before ruling on a petition filed by an inmate or the inmate's counsel alleging that the inmate is incompetent to be executed, the court shall give the state and the Department of Corrections an opportunity to respond to the allegations of incompetency.
(6)The court shall prioritize any proceeding regarding the examination of the inmate for competency to be executed so that the proceeding is completed before the scheduled execution date.


Amended by Chapter 345, 2026 General Session

Source: official Utah text · Last verified 2026-08-27

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Frequently Asked Questions About Utah § 77-19-203

What does Utah Code § 77-19-203 cover?

Section 77-19-203 ("Petition for inquiry as to competency to be executed -- Filing -- Contents.") is part of the Utah Code, the codified statutory law of Utah. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite Utah § 77-19-203?

A common citation format is "Utah Code § 77-19-203" (Utah). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of Utah law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the Utah official source linked on this page or consult a licensed Utah attorney.

How does Utah § 77-19-203 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Utah can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in Utah.