MINUTES OF THE
SENATE JUDICIARY, LAW ENFORCEMENT & CRIMINAL JUSTICE
STANDING COMMITTEE MEETING
WEDNESDAY, FEBRUARY 21, 2007, 8:00 A.M.
ROOM W130, WEST OFFICE BUILDING, STATE CAPITOL COMPLEX
Members Present: Sen. Gregory S. Bell, Chair
Sen. Jon J. Greiner
Sen. Lyle W. Hillyard
Sen. Mark B. Madsen
Sen. Scott D. McCoy
Sen. Ross I. Romero
Members Excused: Pres. John L. Valentine
Staff Present: Jerry Howe, Policy Analyst
Bonnie Brinton, Committee Secretary
Public Speakers Present: Paul Boyden, Executive Director, Statewide Association of
Prosecutors
Jim Jardine, Attorney, Defense Bar
Edward Havas, Attorney, Utah Trial Lawyers Association
Rep. Kay McIff
Doug Mortensen, Attorney, Utah Trial Lawyers Association
A list of visitors and a copy of handouts are filed with the Committee minutes.
Chair Bell called the meeting to order at 8:10 a.m.
1. 1st Sub. H.B. 189 Criminal Statute of Limitations Amendments(Rep. C. Wimmer)
Rep. Wimmer explained the bill.
MOTION: Sen. Greiner moved to pass 1st Sub. H.B. 189 out of Committee with a
favorable recommendation.
The motion passed unanimously with Sen. Hillyard absent for the vote.
2. 3rd Sub. H.B. 86 Penalties for Sexual Offenses and Child Kidnapping
(Rep. C. Wimmer)
MOTION: Sen. Madsen moved to adopt the following amendments to 3rd Sub. H.B. 86:
1. Page
1, Lines 1 through 4
:
1
PENALTIES FOR SEXUAL
2
OFFENSES AND
{
CHILD
}
KIDNAPPING
3
2007 GENERAL SESSION
4
STATE OF UTAH
2. Page
1, Lines 15 through 18
:
15
. increases the base penalties for certain sexual offenses and
{
child
}
kidnapping
offenses
;
16
. provides for greater penalties for certain sexual offenses and
{
child
}
kidnapping
offenses
when
17
the defendant causes serious bodily injury to another during the course of the
18
commission of the offense;
3. Page
2, Lines 41 through 42
:
41
76-5-301.1, as last amended by Chapter 301, Laws of Utah 2001
76-5-302, as last amended by Chapter 301, Laws of Utah 2001
42
76-5-402, as last amended by Chapter 267, Laws of Utah 1991
4. Page
5, Lines 134 through 140
:
134
(5) "Dangerous weapon" means:
135
(a) any item capable of causing death or serious bodily injury; or
136
(b) a facsimile or representation of the item
{
; and
}
, if
:
137
(i) the actor's use or apparent intended use of the item leads the victim to reasonably
138
believe the item is likely to cause death or serious bodily injury; or
139
(ii) the actor represents to the victim verbally or in any other manner that he is in
140
control of such an item.
5. Page
5, Line 147
:
147
(f) sodomy on a child
{
;
}
,
Section
76-5-403.1
;
6. Page
19, Line 563
:
563
Notwithstanding Sections
76-3-201
and
77-18-1
and Title 77, Chapter 16a,
Commitment and Treatment of Mentally Ill Persons,
except as
7. Page
20, Lines 586 through 587
:
586
[(10)] (14) any attempt to commit a felony listed in
{
Subsections
}
Subsection
[(5), (6), and (7)] (6),
587
(8), or (10).
8. Page
20, Line 589 through Page 21, Line 617
:
589
76-3-407. Repeat and habitual sex offenders -- Additional prison term for prior
590
felony convictions.
591
(1) As used in this section:
592
(a) "
{
Type one
}
Prior
sexual offense" means:
593
(i) a felony offense described in Title 76, Chapter 5, Part 4, Sexual Offenses;
594
(ii) sexual exploitation of a minor, Section
76-5a-3
;
595
(iii) a felony offense of enticing a minor over the Internet, Section
76-4-401
;
596
(iv) a felony attempt to commit an offense described in Subsections (1)(a)(i)
through
597
(iii); or
598
(v) an offense in another state, territory, or district of the United States that, if
599
committed in Utah, would constitute an offense described in Subsections (1)(a)(i) through
(iv).
600
(b) "
{
Type two sexual
}
Sexual
offense" means:
601
(i) an offense that is a felony of the second or third degree, or an attempted offense,
602
which attempt is a felony of the second or third degree, described in Title 76, Chapter 5,
Part 4,
603
Sexual Offenses;
604
(ii) sexual exploitation of a minor, Section
76-5a-3
;
605
(iii) a felony offense of enticing a minor over the Internet, Section
76-4-401
;
606
(iv) a felony attempt to commit an offense described in Subsection (1)(b)(ii) or (iii);
or
607
(v) an offense in another state, territory, or district of the United States that, if
608
committed in Utah, would constitute an offense described in Subsections (1)(b)(i) through
(iv).
609
(2) Notwithstanding any other provision of law, the maximum penalty for a
{
type
two
}
610
sexual offense is increased by five years for each
{
prior
}
conviction of the
defendant for a
{
type
611
one
}
prior
sexual offense that arose from a separate criminal episode, if the trier
of fact finds that:
612
(a) the defendant was convicted of
{
the type one
}
a prior
sexual offense;
and
613
(b) the defendant was convicted of the
{
type one
}
prior
sexual offense
described in Subsection
614
(2)(a) before the defendant was convicted of the
{
type two
}
sexual offense for
which the
615
defendant is being sentenced.
616
(3) The increased maximum term described in Subsection (2) shall be in addition to,
617
and consecutive to, any other prison term served by the
{
person
}
defendant
.
9. Page
21, Line 645 through Page 22, Line 646
:
645
(6) Imprisonment under this section is mandatory in accordance with Section
76-3-406
.
Section 11. Section 76-5-302 is amended to read:
76-5-302
.
Aggravated kidnapping.
(1) An actor commits aggravated kidnapping if the actor, in the course of
committing unlawful detention or kidnapping:
(a) possesses, uses, or threatens to use a dangerous weapon as defined in Section
76-1-601
; or
(b) acts with intent:
(i) to hold the victim for ransom or reward, or as a shield or hostage, or to compel a
third person to engage in particular conduct or to forbear from engaging in particular
conduct;
(ii) to facilitate the commission, attempted commission, or flight after commission
or attempted commission of a felony;
(iii) to hinder or delay the discovery of or reporting of a felony;
(iv) to inflict bodily injury on or to terrorize the victim or another;
(v) to interfere with the performance of any governmental or political function; or
(vi) to commit a sexual offense as described in Title 76, Chapter 5, Part 4, Sexual
Offenses.
(2) As used in this section, "in the course of committing unlawful detention or
kidnapping" means in the course of committing, attempting to commit, or in the
immediate flight after the attempt or commission of a violation of:
(a) Section
76-5-301
, kidnapping; or
(b) Section
76-5-304
, unlawful detention.
(3) Aggravated kidnapping is a first degree felony punishable by
{
imprisonment
for an indeterminate term of not less than 6, 10, or 15 years and which may be for
life.
}
a term of imprisonment of:
(a) except as provided in Subsection (3)(b), (3)(c), or (4), not less than 15 years
and which may be for life;
(b) except as provided in Subsection (3)(c) or (4), life without parole, if the trier
of fact finds that during the course of the commission of the aggravated kidnapping
the defendant caused serious bodily injury to another; or
(c) life without parole, if the trier of fact finds that at the time of the
commission of the aggravated kidnapping, the defendant was previously convicted
of a grievous sexual offense.
(4) If, when imposing a sentence under Subsection (3)(a) or (b), a court finds
that a lesser term than the term described in Subsection (3)(a) or (b) is in the
interests of justice and states the reasons for this finding on the record, the court
may impose a term of imprisonment of not less than:
(a) for purposes of Subsection (3)(b), 15 years and which may be for life; or
(b) for purposes of Subsection (3)(a) or (b):
(i) ten years and which may be for life; or
(ii) six years and which may be for life.
(5) The provisions of Subsection (4) do not apply when a person is sentenced
under Subsection (3)(c).
(6)
Imprisonment
under this section
is mandatory in accordance with Section
76-3-406
.
10. Page
24, Lines 713 through 714
:
713
{
(i)
}
(a)
ten years and which may be for life; or
714
{
(ii)
}
(b)
six years and which may be for life.
11. Page
26, Lines 785 through 787
:
785
(b) except as provided in Subsection (2)(c) or (3), life without parole, if the trier of
fact
786
finds that during the course of the commission of the sodomy upon
{
of
}
a child the
defendant
787
caused serious bodily injury to another; or 12. Page
27, Line 812
:
812
punishable by a term of imprisonment of not less than
{
1
}
one
year nor more
than 15 years; or
13. Page
30, Line 916
:
916
(b) for purposes of
Subsection
(2)(a) or
{
(2)
}
(b):
The motion passed unanimously with Sen. Hillyard absent for the vote.
Rep. Wimmer explained the bill.
Paul Boyden, Executive Director, Statewide Association of Prosecutors, assisted in the
explanation of the bill.
MOTION: Sen. McCoy moved to adopt the following amendments to 3rd Sub. H.B. 86:
1. Page
25, Lines 749 through 752
:
749
76-5-403. Sodomy -- Forcible sodomy.
750
(1) A person commits sodomy when the actor engages in any sexual act with a
person
751
who is
at least
14 years of age
{
or older
}
, but younger than 18 years of
age,
involving the genitals of one person and mouth or anus of
752
another person, regardless of the sex of either participant.
Paul Mero, Sutherland Institute; and Wade Farraway, Utah Attorney General's Office; spoke
in favor of the bill.
The motion passed unanimously with Sen. Hillyard absent for the vote.
MOTION: Sen. Madsen moved to pass 3rd Sub. H.B. 86, as amended, out of Committee
with a favorable recommendation.
The motion passed unanimously with Sen. Hillyard absent for the vote.
3. H.B. 157 Victim Restitution (Rep. S. Clark)
Rep. S. Clark explained the bill. MOTION: Sen. Greiner moved to pass H.B. 157 out of Committee with a favorable
recommendation.
The motion passed unanimously with Sen. Hillyard absent for the vote.
MOTION: Sen. Greiner moved to place H.B. 157 on the Consent Calendar.
The motion passed unanimously with Sen. Hillyard absent for the vote.
4. H.B. 131 Document Fraud(Rep. K. Morgan)
Rep. Morgan explained the bill and distributed a handout.
MOTION: Sen. Romero moved to adopt the following amendment to H.B. 131:
1. Page
1, Lines 13 through 16
House Committee Amendments
1-31-2007
:
13
This bill:
14
. prohibits a person or entity from forging, counterfeiting, altering, or falsely
making
15
or providing a document to unlawfully establish legal status and subjects a violator
16
to a civil penalty
{
of not less than $50,000
}
up to $75,000
;
2. Page
2, Lines 41 through 44
House Committee Amendments
1-31-2007
:
41
(3) (a) A person or entity that violates Subsection (2) is subject to a civil penalty
{
of not
42
less than $50,000
}
up to $75,000
recoverable, with attorney fees and costs, in a
civil action that may be
43
brought by the Office of the Attorney General H. [on behalf of the Department of
Workforce
44
Services] .H for each document subject to the violation.
The motion passed unanimously with Sen. Hillyard absent for the vote.
MOTION: Sen. Romero moved to pass H.B. 131, as amended, out of Committee with a
favorable recommendation.
The motion passed unanimously.
5. H.B. 45 Comparative Negligence Amendments(Rep. S. Wyatt)
Rep. Wyatt explained the bill.
Jim Jardine, Attorney, Defense Bar, assisted in the explanation of the bill and spoke in favor
of the bill.
Edward Havas, Attorney, Utah Trial Lawyers Association, spoke against the bill.
Rep. McIff spoke to the bill.
Doug Mortensen, Attorney, Utah Trial Lawyers Association, spoke against the bill.