MINUTES OF THE

HOUSE LAW ENFORCEMENT AND CRIMINAL JUSTICE

STANDING COMMITTEE

Friday, March 3, 2017 • 8:00 a.m. • 30 House Building

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.

Vice Chair Redd called the meeting to order at 8:12 a.m.

MOTION:     Rep. Winder moved to approve the minutes. The motion passed with a vote of 7-0-5.

1. 1st Sub. S.B. 165 Reimbursements for Public Safety Officers (Mayne, K.)

Sen. Karen Mayne presented the bill.

Mr. Gary Cox, Associate Dean, Institute of Public Safety, Salt Lake Community College, spoke in favor of the bill.

Chief Tom Ross, Bountiful City Police Chief, Utah Chiefs of Police Association, spoke in favor of the bill.

Mr. Kory Holdaway, Utah Public Employees Association, spoke in favor of the bill.

MOTION:     Rep. Perry moved to pass 1st Substitute S.B. 165 out favorably. The motion passed with a vote of 8-0-4.

2. 2nd Sub. S.B. 156 Local Public Safety and Firefighter Surviving Spouse Trust Fund Amendments (Weiler, T.)

Rep. Timothy Hawkes presented the bill with the assistance of Mr. Cameron Diehl, Utah League of Cities and Towns.

Ms. Shante Johnson, Fraternal Order of Police, spoke in favor of the bill.

Ms. Nann Wride, widow of Officer Cory Wride, spoke to the bill.

Chief Tom Ross, Bountiful City Police Chief, Utah Chiefs of Police Association, spoke in favor of the bill.

Mr. Lincoln Shurtz, Association of Counties, spoke in favor of the bill.

Mr. Kory Holdaway, Murray City, spoke in favor of the bill.

Mr. David Copeland, representing Officer Charlie Skinner's children, spoke to the bill.

MOTION:     Rep. Ray moved to replace 2nd Substitute S.B. 156 with 3rd Substitute S.B. 156. The motion passed with a vote of 10-0-2.

MOTION:     Rep. Ray moved to amend 3rd Substitute S.B. 156 with Amendment #2 as follows:

1.    Page 2, Line 45:  

45   (b)

2.    Page 2, Line 51 through Page 3, Line 68:     

51   

52coverage plan through the employment of the surviving spouse or, if the surviving spouse

53remarries, the employment of the spouse of the remarried surviving spouse, the employer:

54    (A) shall pay the employer share of the premium costs and, if the health coverage is a

55high-deductible plan, the employer share of any contribution into a health savings account for

56the surviving spouse and dependent children as described under Subsections (1)(a) and (2); and

 57           (B) may collect from the surviving spouse and children the portion of the premium

58costs that a current employee would pay for the same plan as a condition of qualifying to

59continue to receive health coverage under this section.

60    (iii) Notwithstanding Subsection (1)(b)(ii), if the surviving spouse and children lose

61their eligibility to be covered under a group health coverage plan through the employment of

62the surviving spouse or, if the surviving spouse remarries, the employment of the spouse of the

63remarried surviving spouse, the employer shall pay 100% of the premium costs and, if the

64health coverage is a high-deductible plan, the employer share of any contribution into a health

65savings account for the surviving spouse and dependent children as described under

66Subsections (1)(a) and (2), and may not require payment from the surviving spouse for

67premium costs or health savings account contributions as a condition of qualifying to continue

68to receive the health coverage.  

The motion passed with a vote of 6-4-2.

MOTION:     Rep. Ray moved to pass 3rd Substitute S.B. 156 out favorably. The motion passed with a vote of 11-0-1.

3. S.B. 226 Permanent Criminal Stalking Injunction Amendments (Weiler, T.)

Rep. Edwards presented the bill.

Chief Tom Ross, Bountiful City Police Chief, Utah Chiefs of Police Association, spoke in favor of the bill.

MOTION:     Rep. Miles moved to pass S.B. 226 out favorably.

Mr. Will Carlson, Statewide Association of Prosecutors, spoke in favor of the bill.

SUBSTITUTE MOTION:   Rep. Hutchings moved to amend S.B. 226 with Amendment #1 as follows:

1.    Page 1, Lines 13 through 20:   

13   This bill:

14   ►      extends an application for a permanent criminal stalking injunction against a person

15in the following instances:

16           ∙      a conviction of stalking;

17           ∙      a conviction of attempt to commit stalking;

18           

19           ∙      a conviction of solicitation to commit stalking;  

20           ∙      a plea to any of the above accepted by the court and held in abeyance.

2.    Page 4, Line 115 through Page 5, Line 123: 

115 (9) (a) The following serve as an application for a permanent criminal stalking

116injunction limiting the contact between the defendant and the victim:

117 (i) a conviction for:

118 (A) stalking;

119 (B) attempt to commit stalking;

120 

 121         (D) solicitation to commit stalking;  

122 (ii) a plea to any of the offenses described in Subsection (9)(a)(i) accepted by the court

123and held in abeyance for a period of time.

The motion passed with a vote of 11-0-1.

MOTION:     Rep. Hutchings moved to pass S.B. 226 out favorably. The motion passed with a vote of 11-0-1.

4. S.B. 230 Solicitation Amendments (Weiler, T.)

Rep. Winder presented the bill with the assistance of Mr. Scott Carver, Under Sheriff, Salt Lake County, Utah Police Department.

MOTION:     Rep. Miles moved to amend S.B. 230 with a verbal amendment as follows:

1.    Page 1, Line 17:  

17   

2.    Page 4, Lines 105 through 106:      

105 

106fine amount and may not waive or suspend the fine. 

3.    Page 5, Lines 123 through 124:      

123 

124fine amount and may not waive or suspend the fine. 

4.    Page 5, Lines 140 through 141:      

140 

141fine amount and may not waive or suspend the fine. 

5.    Page 6, Lines 155 through 156:      

155 

156fine amount and may not waive or suspend the fine. 

SUBSTITUTE MOTION:   Rep. Ray moved to pass S.B. 230 out favorably. The motion passed with a vote of 10-1-1.

5. S.B. 239 Interfering with a Peace Officer (Weiler, T.)

Rep. Gardiner presented the bill.

Ms. Anna Thomas, Utah American Civil Liberties Union spoke to the bill.

Chief Tom Ross, Bountiful City Police Chief, Chiefs of Police Association, spoke in favor of the bill.

MOTION:     Rep. Miles moved to pass S.B. 239 out favorably. The motion passed with a vote of 11-0-1.

6. S.B. 235 Assault and Threat of Violence Amendments (Thatcher, D.)

Sen. Daniel W. Thatcher presented the bill.

MOTION:     Rep. Perry moved to pass S.B. 235 out favorably. The motion passed with a vote of 10-0-2.

7. S.B. 215 Master Offense List (Thatcher, D.)

Sen. Daniel W. Thatcher presented the bill.

MOTION:     Rep. Romero moved to pass S.B. 215 out favorably. The motion passed with a vote of 10-0-2.

MOTION:     Rep. Eliason moved to place S.B. 215 on the Consent Calendar.

The motion failed with a vote of 8-2-2.

8. 1^st Sub. S.B. 50 Automobile Insurance Registry Amendments (Fillmore L.)

1^st Sub. S.B. 50 was not considered.

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

Chair Redd adjourned the meeting at 10:00 a.m.

_______________________________________

Rep. Lee B. Perry, Chair