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SALT LAKE CITY — Utah took a step toward abolishing the death penalty Tuesday.
The Senate voted 20-9 to preliminarily approve a bill that would ban prosecutors from seeking capital punishment, limiting them to life without parole. It still needs a final debate, but Sen. Steve Urquhart, R-St. George, said he believes the vote would hold and the bill will move to the House.
Urquhart argued that capital punishment is too expensive, turns killers into "rock stars" and "tortures" victims' families who have to endure decades of appeals.
"There's no closure. The wounds don't heal," he said.
SB189 says aggravated murder committed before May 10, 2016, and for which the death penalty has not been sought, may not be charged as a capital offense. It would also outlaw capital punishment in aggravated murder cases from that date forward.
Rep. Eric Hutchings, R-Kearns, who pushed the state's sweeping justice reform initiative through the Legislature last year, would carry the bill in the House. Urquhart said it expects it pass and land on Gov. Gary Hebert's desk.
"Before we had discussions with people, there's no way it would pass. But you just have the pretty simple discussion about the death penalty and people move, they get it. I anticipate that if this hits the governor's desk, he'll also be persuaded by the arguments," Urquhart said.
House Speaker Greg Hughes, R-Draper, an opponent of the death penalty, said he would be "very supportive" of Urquhart's bill and would likely hold a House GOP caucus to discuss the issue if it passes the Senate.
"I didn't see it coming," the speaker said. Earlier in the session, he said he has quietly opposed the death penalty but felt the time wasn't right to consider the issue.
Hughes has said his opposition "comes back to my conservative skepticism of government and its processes and the fear they could get it wrong, that giving your government the power to execute its citizenry is more than I'm comfortable with."
He said he would share with anyone why he thinks it's right to repeal the law. But he said he would not tell caucus members they have to support the bill.
Herbert told reporters Tuesday that the discussion is timely and worthwhile.
He reiterated his belief that the death penalty should be used infrequently and for the most heinous crimes.
"That's where Utah is at. I think the way we have done it has been good," Herbert said. "For me, the concern I have is really the lack of timeliness, from the time we have somebody charged until they're convicted and the punishment is executed."
The state needs to "work on having it in a more timely fashion," the governor said.
Only Sen. Daniel Thatcher, R-West Valley City, spoke about the bill during Senate debate, saying he was conflicted because he believes there should be an ultimate penalty for the most egregious crimes. But, he said, he can't find any fault with Urquhart's argument.
"Ultimately, we have to put the victims first," Thatcher said. "And decades of delayed justice is not justice."
The bill would not affect the nine men currently on Utah's death row.
But assistant attorney general Tom Brunker told a Senate committee last week that the Connecticut Supreme Court found a similar measure unconstitutional and abolished all existing death sentences in that state. The Utah Attorney's General Office does not have a position on SB189, he said.
Utah is among 31 states where capital punishment can be used.
The state has executed seven men since the nationwide moratorium on the death penalty was lifted in 1976, the last one being Ronnie Lee Gardner in 2010. Four died by lethal injection and three by firing squad.
Condemned killers can no longer choose the firing squad in Utah, but lawmakers last year restored that option if the drugs necessary for lethal injection can't be obtained within 30 days of a scheduled execution.
Last fall, some conservative lawmakers said their positions on capital punishment were evolving and that they were willing to talk about repealing the law.
Contributing: Lisa Riley Roche Email: romboy@deseretnews.com Twitter: dennisromboy
