reglab/housing_qa huggingface dataset:
UT Code § 78B-9-106 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 9 - Postconviction Remedies Act|Part 1 - General Provisions|Section 106 - Preclusion of relief -- Exception.

 Effective 5/5/2021  78B-9-106. Preclusion of relief -- Exception.    (1) A petitioner is not eligible for relief under this chapter upon any ground that:   (a) may still be raised on direct appeal or by a post-trial motion;     (b) was raised or addressed in the trial court, at trial, or on appeal;     (c) could have been but was not raised in the trial court, at trial, or on appeal;     (d) was raised or addressed in any previous request for post-conviction relief or could have been, but was not, raised in a previous request for postconviction relief; or     (e) is barred by the limitation period established in Section 78B-9-107.       (2)   (a) The state may raise any of the procedural bars or time bar at any time, including during an appeal from an order granting or denying postconviction relief, unless the court determines that the state should have raised the time bar or procedural bar at an earlier time.     (b) Any court may raise a procedural bar or time bar on the court's own motion, provided that the court gives the parties notice and an opportunity to be heard.       (3)   (a) Notwithstanding Subsection (1)(c), a petitioner may be eligible for relief on a basis that the ground could have been but was not raised in the trial court, at trial, or on appeal, if the failure to raise that ground was due to ineffective assistance of counsel.     (b) Notwithstanding Subsections (1)(c) and (1)(d), a petitioner may be eligible for relief on a basis that the ground could have been but was not raised in the trial court, at trial, on appeal, or in a previous request for postconviction relief, if the failure to raise that ground was due to force, fraud, or coercion as defined in Section 76-5-308.       (4) This section authorizes a merits review only to the extent required to address the exception set forth in Subsection (3).     (5) This section does not apply to a petition filed under Part 3, Postconviction Testing of DNA, or Part 4, Postconviction Determination of Factual Innocence.    Amended by Chapter 46, 2021 General Session
UT Code § 78B-9-107 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 9 - Postconviction Remedies Act|Part 1 - General Provisions|Section 107 - Statute of limitations for postconviction relief.

 Effective 5/5/2021  78B-9-107. Statute of limitations for postconviction relief.    (1) A petitioner is entitled to relief only if the petition is filed within one year after the day on which the cause of action has accrued.     (2) For purposes of this section, the cause of action accrues on the later of the following dates:   (a) the last day for filing an appeal from the entry of the final judgment of conviction, if no appeal is taken;     (b) the entry of the decision of the appellate court that has jurisdiction over the case, if an appeal is taken;     (c) the last day for filing a petition for writ of certiorari in the Utah Supreme Court or the United States Supreme Court, if no petition for writ of certiorari is filed;     (d) the entry of the denial of the petition for writ of certiorari or the entry of the decision on the petition for certiorari review, if a petition for writ of certiorari is filed;     (e) the date on which petitioner knew or should have known, in the exercise of reasonable diligence, of evidentiary facts on which the petition is based; or     (f) the date on which the new rule described in Subsection 78B-9-104(1)(f) is established.       (3)   (a) The limitations period is tolled for any period during which the petitioner was prevented from filing a petition due to state action in violation of the United States Constitution, due to physical or mental incapacity, or for claims arising under Subsection 78B-9-104(1)(g), due to force, fraud, or coercion as defined in Section 76-5-308.     (b) The petitioner has the burden of proving by a preponderance of the evidence that the petitioner is entitled to relief under this Subsection (3).       (4) The statute of limitations is tolled during the pendency of the outcome of a petition asserting:   (a) exoneration through DNA testing under Section 78B-9-303; or     (b) factual innocence under Section 78B-9-402.       (5) Sections 77-19-8, 78B-2-104, and 78B-2-111 do not extend the limitations period established in this section.     (6) This section does not apply to a petition filed under Part 3, Postconviction Testing of DNA, or Part 4, Postconviction Determination of Factual Innocence.    Amended by Chapter 46, 2021 General Session
UT Code § 78B-9-108 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 9 - Postconviction Remedies Act|Part 1 - General Provisions|Section 108 - Effect of granting relief -- Notice.

 Effective 11/16/2021  78B-9-108. Effect of granting relief -- Notice.    (1) If the court grants the petitioner's request for relief, except requests for relief under Subsection 78B-9-104(1)(g), the court shall either:   (a) modify the original conviction or sentence; or     (b) vacate the original conviction or sentence and order a new trial or sentencing proceeding as appropriate.       (2) If the court grants the petitioner's request for relief under Subsection 78B-9-104(1)(g), the court shall:   (a) vacate the original conviction and sentence; and     (b) order the petitioner's records expunged pursuant to Section 77-40-108.5.       (3)   (a) If the petitioner is serving a felony sentence, the order shall be stayed for five days. Within the stay period, the respondent shall give written notice to the court and the petitioner that the respondent will pursue a new trial or sentencing proceedings, appeal the order, or take no action.     (b) If the respondent fails to provide notice or gives notice at any time during the stay period that it intends to take no action, the court shall lift the stay and deliver the order to the custodian of the petitioner.     (c) If the respondent gives notice of intent to appeal the court's decision, the stay provided for by Subsection (3)(a) shall remain in effect until the appeal concludes, including any petitions for rehearing or for discretionary review by a higher court. The court may lift the stay if the petitioner can make the showing required for a certificate of probable cause under Section 77-20-302 and Utah Rules of Criminal Procedure, Rule 27.     (d) If the respondent gives notice that it intends to retry or resentence the petitioner, the trial court may order any supplementary orders as to arraignment, trial, sentencing, custody, bail, discharge, or other matters that may be necessary.      Amended by Chapter 4, 2021 Special Session 2
UT Code § 78B-9-109 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 9 - Postconviction Remedies Act|Part 1 - General Provisions|Section 109 - Appointment of pro bono counsel.

 Effective 5/5/2021  78B-9-109. Appointment of pro bono counsel.    (1)   (a) If any portion of the petition is not summarily dismissed, the court may, upon the request of an indigent petitioner, appoint counsel on a pro bono basis to represent the petitioner in the postconviction court or on postconviction appeal.     (b) Counsel who represented the petitioner at trial or on the direct appeal may not be appointed to represent the petitioner under this section.       (2) In determining whether to appoint counsel, the court may consider:   (a) whether the petitioner is incarcerated;     (b) the likelihood that an evidentiary hearing will be necessary;     (c) the likelihood that an investigation will be necessary;     (d) the complexity of the factual and legal issues; and     (e) any other factor relevant to the particular case.       (3) An allegation that counsel appointed under this section was ineffective cannot be the basis for relief in any subsequent postconviction petition.    Amended by Chapter 46, 2021 General Session
UT Code § 78B-9-110 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 9 - Postconviction Remedies Act|Part 1 - General Provisions|Section 110 - Appeal -- Jurisdiction.

78B-9-110. Appeal -- Jurisdiction.  Any party may appeal from the trial court's final judgment on a petition for post-conviction relief to the appellate court having jurisdiction pursuant to Section 78A-3-102 or 78A-4-103.  Renumbered and Amended by Chapter 3, 2008 General Session
UT Code § 78B-9-201 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 9 - Postconviction Remedies Act|Part 2 - Capital Sentence Cases|Section 201 - Post-conviction remedies -- 30 days.

78B-9-201. Post-conviction remedies -- 30 days.  A post-conviction remedy may not be applied for or entertained by any court within 30 days prior to the date set for execution of a capital sentence, unless the grounds for application are based on facts or circumstances which developed or first became known within that period of time.  Renumbered and Amended by Chapter 3, 2008 General Session
UT Code § 78B-9-300 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 9 - Postconviction Remedies Act|Part 3 - Postconviction Testing of DNA|Section 300 - Title.

78B-9-300. Title.  This part is known as "Postconviction DNA Testing."  Enacted by Chapter 358, 2008 General Session
UT Code § 78B-9-302 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 9 - Postconviction Remedies Act|Part 3 - Postconviction Testing of DNA|Section 302 - Effect of petition for postconviction DNA testing -- Requests for appointment of counsel -- Appeals -- Subsequent postconviction petitions.

78B-9-302. Effect of petition for postconviction DNA testing -- Requests for appointment of counsel -- Appeals -- Subsequent postconviction petitions.    (1) The filing of a petition for DNA testing constitutes the person's consent to provide samples of body fluids for use in the DNA testing.     (2) The data from any DNA samples or test results obtained as a result of the petition may be entered into law enforcement DNA databases.     (3) The filing of a petition for DNA testing constitutes the person's waiver of any statute of limitations in all jurisdictions as to any felony offense the person has committed which is identified through DNA database comparison.     (4) The person filing the petition for postconviction DNA testing bears the cost of the testing unless:   (a) the person is serving a sentence of imprisonment;     (b) the person is indigent; and     (c) the DNA test is favorable to the petitioner.       (5)   (a) Subsections 78B-9-109(1) and (2), regarding the appointment of pro bono counsel, apply to any request for the appointment of counsel under this part.     (b) Subsection 78B-9-109(3), regarding effectiveness of counsel, applies to subsequent postconviction petitions and to appeals under this part.      Renumbered and Amended by Chapter 3, 2008 General Session
UT Code § 78B-9-304 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 9 - Postconviction Remedies Act|Part 3 - Postconviction Testing of DNA|Section 304 - Consequences of postconviction DNA testing when result is unfavorable to person -- Procedures.

78B-9-304. Consequences of postconviction DNA testing when result is unfavorable to person -- Procedures.    (1) If the result of postconviction DNA testing is not favorable to the person, the court shall deny the person's petition, and the court shall:   (a) report the unfavorable result to the Board of Pardons and Parole; and     (b) order the person to pay for the costs of the DNA testing unless the petitioner has already paid that cost.       (2) This section does not apply if the DNA test is inconclusive.    Renumbered and Amended by Chapter 3, 2008 General Session
UT Code § 78B-9-401 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 9 - Postconviction Remedies Act|Part 4 - Postconviction Determination of Factual Innocence|Section 401 - Title.

78B-9-401. Title.  This part is known as "Postconviction Determination of Factual Innocence."  Enacted by Chapter 358, 2008 General Session
UT Code § 78B-9-401.5 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 9 - Postconviction Remedies Act|Part 4 - Postconviction Determination of Factual Innocence|Section 401.5 - Definitions.

78B-9-401.5. Definitions.  As used in this part:   (1) "Bona fide and compelling issue of factual innocence" means that the newly discovered material evidence presented by the petitioner, if credible, would clearly establish the factual innocence of the petitioner.     (2) "Factual innocence" or "factually innocent" means a person did not:   (a) engage in the conduct for which the person was convicted;     (b) engage in conduct relating to any lesser included offenses of the crime for which the person was convicted; or     (c) commit any other felony arising out of or reasonably connected to the facts supporting the indictment or information upon which the person was convicted.       (3) "Newly discovered material evidence" means evidence that was not available to the petitioner at trial or during the resolution on the merits by the trial court of any motion to withdraw a guilty plea or motion for new trial and which is relevant to the determination of the issue of factual innocence, and may also include:   (a) evidence which was discovered prior to or in the course of any appeal or postconviction proceedings that served in whole or in part as the basis for vacatur or reversal of the conviction of petitioner; or     (b) evidence that supports the claims within a petition filed under Part 1, General Provisions, which is pending at the time of the court's determination of factual innocence.       (4) "Period of incarceration" means any sentence of imprisonment, including jail, which was served after judgement of conviction.    Enacted by Chapter 153, 2010 General Session
UT Code § 78B-9-403 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 9 - Postconviction Remedies Act|Part 4 - Postconviction Determination of Factual Innocence|Section 403 - Requests for appointment of counsel -- Appeals -- Postconviction petitions.

78B-9-403. Requests for appointment of counsel -- Appeals -- Postconviction petitions.    (1) Subsections 78B-9-109(1) and (2), regarding the appointment of pro bono counsel, apply to any request for the appointment of counsel under this part.     (2) Subsection 78B-9-109(3), regarding effectiveness of counsel, applies to subsequent postconviction petitions and to appeals under this part.    Enacted by Chapter 358, 2008 General Session
UT Code § 78B-9-501 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 9 - Postconviction Remedies Act|Part 5 - Conviction Integrity Units Act|Section 501 - Title.

 Effective 5/12/2020  78B-9-501. Title.  This part is known as the "Conviction Integrity Units Act." Enacted by Chapter 203, 2020 General Session
UT Code § 78B-9-502 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 9 - Postconviction Remedies Act|Part 5 - Conviction Integrity Units Act|Section 502 - Definitions.

 Effective 5/12/2020  78B-9-502. Definitions.  As used in this part:  (1) "Bona fide and compelling evidence" means that the evidence presented by the petitioning prosecutor establishes by a preponderance of the evidence that:   (a) the convicted person is significantly likely to be factually innocent;     (b) newly discovered material evidence, if presented at or before the time of trial, judgment of conviction, or sentencing, would have resulted in a significant probability that the result would have been different; or     (c) there exists information discovered or received by the petitioning prosecution agency after a judgment of conviction and sentencing that:   (i) if disclosed to the convicted person prior to trial, judgment of conviction, or sentencing, would have resulted in a significant probability that the result would have been different; or     (ii) significantly calls into question the legitimacy of the jury verdict, judgment of conviction, or sentence.         (2) "Convicted person" means the person whose conviction or sentence is under review.     (3) "Conviction Integrity Unit" means a program established by a prosecution agency to conduct extrajudicial, fact-based reviews of criminal convictions and sentences.     (4) "Establishing office" means the prosecution agency establishing a conviction integrity unit.     (5) "Factually innocent" means the same as that term is defined in Section 78B-9-401.5.     (6) "Legitimacy" means consistent with the United States and Utah constitutions, federal and state law, and all rules and principles of a fair and just legal system.     (7) "Newly discovered material evidence" means the same as that term is defined in Section 78B-9-401.5.     (8) "Petitioning prosecutor" means the prosecutor who files a civil petition seeking relief under this part.     (9) "Prosecution agency" means a county attorney, district attorney, the Office of the Attorney General, or other prosecution agency.     (10) "Significant" or "significantly likely," for purposes of this part, means to a large degree or of a noticeably or measurably large amount.    Enacted by Chapter 203, 2020 General Session
UT Code § 78B-12-101 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 12 - Utah Child Support Act|Part 1 - General Provisions|Section 101 - Title.

78B-12-101. Title.  This chapter is known as the "Utah Child Support Act."  Renumbered and Amended by Chapter 3, 2008 General Session
UT Code § 78B-12-103 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 12 - Utah Child Support Act|Part 1 - General Provisions|Section 103 - District court jurisdiction.

78B-12-103. District court jurisdiction.  The district court shall have jurisdiction of all proceedings brought under this chapter.  Renumbered and Amended by Chapter 3, 2008 General Session
UT Code § 78B-12-104 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 12 - Utah Child Support Act|Part 1 - General Provisions|Section 104 - Continuing jurisdiction.

78B-12-104. Continuing jurisdiction.  The court shall retain jurisdiction to modify or vacate the order of support where justice requires.  Renumbered and Amended by Chapter 3, 2008 General Session
UT Code § 78B-12-105 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 12 - Utah Child Support Act|Part 1 - General Provisions|Section 105 - Duty of parents.

78B-12-105. Duty of parents.    (1) Every child is presumed to be in need of the support of the child's mother and father. Every mother and father shall support their children.     (2) Except as limited in a court order under Section 30-3-5, 30-4-3, or 78B-12-212:   (a) The expenses incurred on behalf of a minor child for reasonable and necessary medical and dental expenses, and other necessities are chargeable upon the property of both parents, regardless of the marital status of the parents.     (b) Either or both parents may be sued by a creditor for the expenses described in Subsection (2)(a) incurred on behalf of minor children.      Renumbered and Amended by Chapter 3, 2008 General Session
UT Code § 78B-12-105.1 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 12 - Utah Child Support Act|Part 1 - General Provisions|Section 105.1 - Duty of biological father to share pregnancy expenses.

 Effective 5/5/2021  78B-12-105.1. Duty of biological father to share pregnancy expenses.    (1) Except as otherwise provided in this section, a biological father of a child has a duty to pay 50% of the mother's pregnancy expenses.     (2)   (a) If paternity is disputed, a biological father owes no duty under this section until the biological father's paternity is established.     (b) Once paternity is established, the biological father is subject to Subsection (1).       (3)   (a) Any portion of a mother's pregnancy expenses paid by the mother or the biological father reduces that parent's 50% share under Subsection (1), not the total amount of pregnancy expenses.     (b) Subsection (3)(a) applies regardless of when the mother or biological father pays the pregnancy expense.       (4) If a mother receives an abortion, as defined in Section 76-7-301, without the biological father's consent, the biological father owes no duty under this section, unless:   (a) the abortion is necessary to avert the death of the mother; or     (b) the mother was pregnant as a result of:   (i) rape, as described in Section 76-5-402;     (ii) rape of a child, as described in Section 76-5-402.1; or     (iii) incest, as described in Subsection 76-5-406(2)(j) or Section 76-7-102.         (5) Subsection (1) does not apply if a court apportions pregnancy expenses under Section 30-3-5.     (6) A person may seek payment under Subsection (1) in accordance with Section 78B-12-113.     (7) Nothing in this section or Section 78B-12-212.1 requires a person to separately bill a biological father for pregnancy expenses.    Enacted by Chapter 111, 2021 General Session
UT Code § 78B-12-106 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 12 - Utah Child Support Act|Part 1 - General Provisions|Section 106 - Ward of state -- Natural or adoptive parent has primary obligation to support -- Right of third party to recover support.

78B-12-106. Ward of state -- Natural or adoptive parent has primary obligation to support -- Right of third party to recover support.    (1) A natural or an adoptive parent whose minor child has become a ward of this or any other state is not relieved of the primary obligation to support that child until the child reaches the age of majority, regardless of any agreements or legal defenses that may exist between the parents or other care providers. Any state that provides support for a child shall have the right to reimbursement.     (2) Nothing contained in this chapter may act to relieve the natural parent or adoptive parent of the primary obligation of support.     (3) A third party has the same right to recover support from the natural or adoptive parent as a custodial parent.    Renumbered and Amended by Chapter 3, 2008 General Session
UT Code § 78B-12-107 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 12 - Utah Child Support Act|Part 1 - General Provisions|Section 107 - Duty of obligor regardless of presence or residence of obligee.

78B-12-107. Duty of obligor regardless of presence or residence of obligee.  An obligor present or resident in this state has the duty of support as defined in this chapter regardless of the presence or residence of the obligee.  Renumbered and Amended by Chapter 3, 2008 General Session
UT Code § 78B-12-108 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 12 - Utah Child Support Act|Part 1 - General Provisions|Section 108 - Support follows the child.

78B-12-108. Support follows the child.    (1) Obligations ordered for child support and medical expenses are for the use and benefit of the child and shall follow the child.     (2) Except in cases of joint physical custody and split custody as defined in Section 78B-12-102, when physical custody changes from that assumed in the original order, the parent without physical custody of a child shall be required to pay the amount of support determined in accordance with Sections 78B-12-205 and 78B-12-212, without the need to modify the order for:   (a) the parent who has physical custody of the child;     (b) a relative to whom physical custody of the child has been voluntarily given; or     (c) the state when the child is residing outside of the home in the protective custody, temporary custody, or custody or care of the state or a state-licensed facility for at least 30 days.      Renumbered and Amended by Chapter 3, 2008 General Session