Senate gives amendment to speed executions a preliminary OK

The Senate on Friday gave preliminary approval to a proposed amendment to the state constitution that would grant the Legislature power to limit death row appeals. The 22-6 vote was more than the two-thirds that will be required for final passage in that chamber sometime next week.

SJR14, sponsored by Sen. Curtis Bramble, R-Provo, is intended to strike what Bramble called "an appropriate balance" between the death sentence appeal process and the need to give the families of crime victims the closure they deserve.

He said the amendment was necessary because Utah's Supreme Court justices seem to have no interest in upholding the state's death penalty laws and the appeal process for capital punishment cases is being abused.

"What is happening today in Utah is a travesty in capital cases," Bramble said. "I respect the judicial branch of government, but it is up to this body to set policies for the state."

Sen. Jon Greiner, R-Ogden, who said that as a police officer he is the only member of the Senate to have actually investigated a capital murder case, described the current system as "bogged down" and said he supported the constitutional amendment to fix it.

Sen. Gregory Bell, R-Fruit Heights, described the current system of endless appeals as "ridiculous" and called Bramble's proposed amendment a "very significant policy decision."

Sen. Chris Buttars, R-West Jordan, another supporter of the amendment, said, "If you're going to have a death penalty you ought to carry it out."

Sen. Lyle Hillyard, R-Logan, the only Republican senator to vote against the proposal, described it as too broad, too rushed and misguided in its target.

"If you're concerned about the judges, you don't fix the process, you fix the judges," Hillyard said.

He said there was still time to get the proposal right and bring it back for debate during next year's legislative session.

During the Senate Democrats' caucus lunch Thursday, members heard from Utah Council on Victims of Crime chairman Reed Richards. His attempt to round up support for the proposed amendment met some resistance.

Richards described the situation with death penalty appeals in the state as "atrocious."

"Fifteen to 20 years on appeal is an abuse of power," Richards said. "We've forgotten the victims." He said if someone sentenced to die is truly innocent the system allows them to prove that fact and have their conviction overturned.