MINUTES OF THE

HOUSE LAW ENFORCEMENT AND CRIMINAL JUSTICE

STANDING COMMITTEE

Tuesday, February 7, 2017 • 3:40 p.m. • 30 House Building


Members Present:

Rep. Lee B. Perry, Chair

Rep. Edward H. Redd, Vice Chair

Rep. Rebecca P. Edwards

Rep. Steve Eliason

Rep. Adam Gardiner

Rep. Sandra Hollins

Rep. Eric K. Hutchings

Rep. Kelly B. Miles

Rep. Paul Ray

Rep. Angela Romero

Rep. Elizabeth Weight

Rep. Mike Winder


Staff Present:

Mr. Gregg A. Girvan, Policy Analyst

Karen C. Allred, Committee Secretary



Note: A list of others present, a copy of related materials, and an audio recording of the meeting can be found at le.utah.gov.


Chair Perry called the meeting to order at 3:56 p.m.

 

MOTION:     Rep. Winder moved to approve the minutes. The motion passed with a vote of 6-0-6.

Yeas:

Nays:

Abs:

Rep. Hollins

Rep. Perry

Rep. Ray

Rep. Redd

Rep. Weight

Rep. Winder

 

Rep. Edwards

Rep. Eliason

Rep. Gardiner

Rep. Hutchings

Rep. Miles

Rep. Romero


1. H.B. 149 Child Abuse Offender Registry (Owens, D.)


Rep. Derrin Owens presented the bill with the assistance of Ms. JoAnn Otten, representing the family of Miley White.


Ms. JenaV Adams, representing the family of Miley White, spoke in favor of the bill.

 

MOTION:     Rep. Ray moved to replace H.B. 149 with 1st Substitute H.B. 149. The motion passed with a vote of 7-0-5.




Yeas:

Nays:

Abs:

Rep. Hollins

Rep. Hutchings

Rep. Perry

Rep. Ray

Rep. Redd

Rep. Weight

Rep. Winder

 

Rep. Edwards

Rep. Eliason

Rep. Gardiner

Rep. Miles

Rep. Romero

 

MOTION:     Rep. Redd moved to pass 1st Substitute H.B. 149 out favorably. The motion passed with a vote of 8-0-4.

Yeas:

Nays:

Abs:

Rep. Edwards

Rep. Hollins

Rep. Hutchings

Rep. Perry

Rep. Ray

Rep. Redd

Rep. Weight

Rep. Winder

 

Rep. Eliason

Rep. Gardiner

Rep. Miles

Rep. Romero



2. H.B. 124 Assault on a Peace Officer Amendments (Maloy, A.C.)


Rep. A. Cory Maloy presented the bill with the assistance of Mr. Steven Miese, Ogden City Constable's Office.


Mr. Tucker Marriott, Ogden Constable's Office spoke in favor of the bill.


Mr. Scott Stephenson, Director, Peace Officers Standards and Training, spoke in favor of the bill.

 

MOTION:     Rep. Miles moved to replace H.B. 124 with 2nd Substitute H.B. 124. The motion passed with a vote of 10-0-2.






Yeas:

Nays:

Abs:

Rep. Edwards

Rep. Hollins

Rep. Hutchings

Rep. Miles

Rep. Perry

Rep. Ray

Rep. Redd

Rep. Romero

Rep. Weight

Rep. Winder

 

Rep. Eliason

Rep. Gardiner

 

MOTION:     Rep. Ray moved to pass 2nd Substitute H.B. 124 out favorably. The motion passed with a vote of 10-0-2.

Yeas:

Nays:

Abs:

Rep. Edwards

Rep. Hollins

Rep. Hutchings

Rep. Miles

Rep. Perry

Rep. Ray

Rep. Redd

Rep. Romero

Rep. Weight

Rep. Winder

 

Rep. Eliason

Rep. Gardiner



3. H.B. 222 Criminal Offenses Modifications (Handy, S.)


Rep. Stephen Handy presented the bill with the assistance of Steve Burton, Utah Association of Criminal Defense Lawyers.


Mr. Wade Farraway, Attorney General's Office spoke in opposition to the bill.


Ms. Deondra Brown, President, Foundation for Survivors of Abuse, spoke in opposition to the bill.



Mr. Kyler Ovard, Defense Lawyer, Member Utah Association of Defense Lawyers spoke in favor of the bill.


Rep. Redd assumed the chair.


Ms. Teresa Warwick spoke in favor of the bill.


Gary Scheller, Director, Utah Office of Victim's of Crime spoke in opposition to the bill.


Julie Smith, Director, Domestic Rape Crisis in Ogden spoke in opposition to the bill.


Mr. Turner Bitten, Executive. Director, Utah Coalition Against Sexual Assault spoke in opposition to the bill.


Mr. Tom Barrington, Vice President, Southeast Chapter of Bikers Against Child Abuse spoke in opposition to the bill.

 

MOTION:     Rep. Romero moved to hold H.B. 222. The motion passed with a vote of 9-1-2.

Yeas:

Nays:

Abs:

Rep. Edwards

Rep. Gardiner

Rep. Hollins

Rep. Miles

Rep. Ray

Rep. Redd

Rep. Romero

Rep. Weight

Rep. Winder

Rep. Hutchings

Rep. Eliason

Rep. Perry


4. S.B. 42 DUI Impound Fee Refund Amendments (Harper, W.)


Sen. Wayne Harper presented the bill.

 

MOTION:     Rep. Winder moved to pass S.B. 42 out favorably. The motion passed with a vote of 8-0-4.




Yeas:

Nays:

Abs:

Rep. Edwards

Rep. Gardiner

Rep. Hollins

Rep. Hutchings

Rep. Redd

Rep. Romero

Rep. Weight

Rep. Winder

 

Rep. Eliason

Rep. Miles

Rep. Perry

Rep. Ray



5. H.B. 187 Costs for Aggravated Murder Offenses (Handy, S.)


Rep. Stephen Handy presented the bill.


Mr. Ron Gordon, Executive Director, Commission on Criminal and Juvenile Justice spoke in favor of the bill.


Mr. John Schaff, Legislative Auditor General spoke to the bill.

 

MOTION:     Rep. Ray moved to pass H.B. 187 out favorably.

 

SUBSTITUTE MOTION:   Rep. Eliason reserved the right to make a substitute motion.


Rep. Eliason withdrew the motion.


Rep. Ray's original motion to pass H.B. 187 out favorably passed with a vote of 8-2-2.

Yeas:

Nays:

Abs:

Rep. Eliason

Rep. Gardiner

Rep. Hollins

Rep. Hutchings

Rep. Ray

Rep. Romero

Rep. Weight

Rep. Winder

Rep. Edwards

Rep. Redd

Rep. Miles

Rep. Perry


 

MOTION:     Rep. Winder moved to adjourn. The motion passed with a vote of 10-0-2.

Yeas:

Nays:

Abs:

Rep. Edwards

Rep. Eliason

Rep. Gardiner

Rep. Hollins

Rep. Hutchings

Rep. Ray

Rep. Redd

Rep. Romero

Rep. Weight

Rep. Winder

 

Rep. Miles

Rep. Perry



Vice Chair Redd adjourned the meeting at 6:15 p.m.


 



__________________________________________

Rep. Lee B. Perry, Chair