77-15a-105 - Defendant's wilful failure to cooperate -- Expert testimony regarding retardation is barred. - Utah Statutes

77-15a-105. Defendant's wilful failure to cooperate -- Expert testimony regardingretardation is barred.
(1) If the defendant files notice, raises the issue, or intends to present evidence or makean argument that the defendant is exempt from the death penalty under this chapter, the defendantshall make himself available and fully cooperate in any examination by mental health expertsappointed by the Department of Human Services and any other independent examiners for thedefense or the prosecution.
(2) If the defendant wilfully fails to make himself available and fully cooperate in theexamination, and that failure is established to the satisfaction of the court, the defendant is barredfrom presenting expert testimony relating to any exemption from the death penalty under thischapter.

Enacted by Chapter 11, 2003 General Session