Murder defense bill

Published: Saturday, Jan. 31 2009 12:00 a.m. MST

If a bill making its way through the Legislature becomes law, it will be much more difficult to make a claim of extreme emotional distress as a defense for murder in Utah.

SB85, sponsored by Sen. Stephen Urquhart, R-St. George, would shift the burden of proof if such a claim is made to the accused. Under current law, it is up to the state to disprove the claim.

Friday morning, the Senate Judiciary, Law Enforcement and Criminal Justice Committee passed Urquhart's bill unanimously. It will now be considered by the full Senate.

Urquhart said 15 states have made similar changes to their laws in the last 10 years, thanks to a U.S. Supreme Court decision that allowed it.

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