P.O. BOX 145115 * SALT LAKE CITY, UTAH 84114-5115 * (801) 538-1035
Mr. President:
The Rules Committee recommends that, with the written consent of the sponsor, H.B.
48, Department of Natural Resources Amendments (Rep. R. Wheeler), be sent to the Natural
Resources, Agriculture, and Environment Committee with the following amendments:
Respectfully,
John W. Hickman
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House Floor Amendments
1-18-2007
:
17
. amends the penalties
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11, Lines 319 through 320
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enters into a diversion agreement which suspends the prosecution of the offense;
and
}
(b) the court:
(i) recommends the suspension of the license or permit privileges; and
(ii) establishes the duration of the suspension; and
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(b)
}
(c)
the hearing officer determines the person committed the offense
intentionally,
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(3) (a) The Wildlife Board shall make rules establishing guidelines [for]
that a hearing
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officer [to] shall consider in determining:
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(i) the type of license or permit privileges to suspend[.]; and
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(ii) the duration of the suspension.
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(b) The Wildlife Board shall ensure that the guidelines established under
Subsection
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(3)(a) are consistent with Subsections (4), (5), and (6).
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(4) Except as provided in [Subsection] Subsections (5) and (6), a hearing officer
[shall]
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may suspend a person's license or permit privileges [pursuant] according to
Subsection (2) for
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[the following time periods] a period of time not to exceed:
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(a) seven years for:
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(i) a felony conviction;
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(ii) a plea of guilty or no contest to an offense punishable as a felony, which
plea is
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held in abeyance pursuant to a plea in abeyance agreement; or
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(iii) being charged with an offense punishable as a felony, the prosecution of
which is
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suspended pursuant to a diversion agreement;
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(b) five years for:
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(i) a class A misdemeanor conviction;
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(ii) a plea of guilty or no contest to an offense punishable as a class A
misdemeanor,
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which plea is held in abeyance pursuant to a plea in abeyance agreement; or
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(iii) being charged with an offense punishable as a class A misdemeanor, the
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prosecution of which is suspended pursuant to a diversion agreement; [and]
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(c) three years for:
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(i) a class B misdemeanor conviction [under Section
23-20-4
];
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(ii) a plea of guilty or no contest to an offense punishable as a class B
misdemeanor
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[under Section
23-20-4
, which] when the plea is held in abeyance [pursuant]
according to a
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plea in abeyance agreement; or
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(iii) being charged with an offense punishable as a class B misdemeanor [under
Section
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23-20-4
], the prosecution of which is suspended pursuant to a diversion
agreement[.]; and
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[(5) Suspension periods as set forth in Subsection (4) shall be doubled for
offenses:]
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(d) one year for:
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(i) a class C misdemeanor conviction;
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(ii) a plea of guilty or no contest to an offense punishable as a class C
misdemeanor,
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when the plea is held in abeyance according to a plea in abeyance agreement; or
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(iii) being charged with an offense punishable as a class C misdemeanor, the
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prosecution of which is suspended according to a diversion agreement.
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(5) The hearing officer may double a suspension period established in
Subsection (4)
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for offenses:
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(a) committed in violation of an existing suspension or revocation order issued
by the
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courts, division, or Wildlife Board; or
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(b) involving the unlawful taking of a trophy animal, as defined in Section
23-13-2
.
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(6) (a) A hearing officer may suspend, [pursuant] according to Subsection (2), a
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person's [privilege to apply for, purchase, and exercise the benefits conferred by]
license or
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permit privileges for a particular license or permit only once for each single
criminal episode,
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as defined in Section
76-1-401
.
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(b) If a hearing officer addresses two or more single criminal episodes in a
hearing, the
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suspension periods of any license or permit privileges of the same type suspended,
[pursuant]
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according to Subsection (2), [shall] may run consecutively.
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(c) If a hearing officer suspends, [pursuant] according to Subsection (2), license
or
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permit privileges of the type that have been previously suspended by a court, a
hearing officer,
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or the Wildlife Board and the suspension period has not expired, the suspension
periods [shall]
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may run consecutively.
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}
[(7) (a) A hearing officer, appointed by the division, shall suspend a person's
privilege
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[(8)]
(7)
}
(3)
(a) A hearing officer, appointed by the division, may
suspend a person's
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diversion agreement
.
}
; and
(iii) the court recommends the suspension and establishes the duration of the
suspension.
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[(9)]
(8)
}
(4)
(a) The director shall appoint a qualified person as a hearing
officer to perform
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[(10)]
(9)
}
(5)
(a)
(i)
The courts may suspend, in criminal sentencing,
a person's privilege to
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registration.
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15, Lines 445 through 453
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(d) The division may suspend a person's license or permit privileges beyond
the time
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period ordered by a court, provided the combined suspension periods are consistent
with the
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requirements of Subsections (4), (5), and (6).
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(e) The division may suspend a person's privilege of applying for, purchasing,
and
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exercising the benefits conferred by a certificate of registration beyond the time
period ordered
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by a court.
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[(d)] (f) The hearing officer shall consider any recommendation made by a
sentencing
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court concerning suspension before issuing a suspension order.
}
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[(11)]
(10)
}
(6)
(a) A person may not apply for, purchase, possess, or
attempt to exercise the
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[(b)] (c) A person who violates Subsection [(11)]
(10)
}
(6)
(a) is guilty of
a class B
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[(12)]
(11)
}
(7)
Before suspension under this section, a person must be:
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[(13)]
(12)
}
(8)
(a) A person may file an appeal of a hearing officer's
decision with the
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[(14)]
(13)
}
(9)
The division shall suspend and reinstate all hunting,
fishing, trapping, and
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[(15)]
(14)
}
(10)
The Wildlife Board may make rules to implement this
section in accordance
Committee Chair