MINUTES OF THE HOUSE
LAW ENFORCEMENT AND CRIMINAL JUSTICE STANDING COMMITTEE
Room WO25, West Office Building, State Capitol Complex
January 25, 2008
Members Present: Rep. DeMar "Bud" Bowman, Chair
Rep. Curt Oda, Vice Chair
Rep. Brad Dee
Rep. David Litvack
Rep. Becky Lockhart
Rep. Michael Morley
Rep. Paul Ray
Rep. Jennifer Seelig
Rep. Ken Sumsion
Rep. Larry Wiley
Rep. Carl Wimmer Staff Present: Mr.Stewart Smith, Policy Analyst
Ms. Linda Black, Committee Secretary
note: A list of visitors and a copy of handouts are filed with the committee minutes.
Rep. Oda called the meeting to order at 2:10 p.m.
Rep. Bowman requested a personal privilege to recognize the students from his district
representing Southern Utah University.
MOTION: Rep. Wiley moved to approve the minutes of January 23, 2008. The motion passed
unanimously with Rep. Dee, Rep. Litvack, Rep. Lockhart, and Rep. Wimmer absent for the vote.
H.B. 95 Document Fraud - Establishing Legal Status(Rep. K. Morgan)
Rep. Morgan explained the bill with the assistance of Mr. Wade Farraway, Office of the Attorney
General.
MOTION: Rep. Ray moved to delete in title and body H.B. 95 and replace it with 1st
Substitute H. B. 95. The motion passed unanimously with Rep. Dee, Rep. Litvack, Rep.
Lockhart and Rep. Wimmer absent for the vote.
Spoke to the bill: Mr. Richard Hamp, Assistant Attorney General
Spoke in favor
of the bill: Mr. Wally McCormick, citizen
Ms. Marilyn Larsen, PTA, Utah
Ms. Karen Lundgren, Eagle Forum, Morgan, Utah
Spoke in opposition
to the bill: Mr. Tony Yapias, citizen
MOTION: Rep. Dee moved to pass the bill out favorably as substituted. The motion passed
unanimously with Rep. Litvack, Rep. Lockhart, and Rep. Ray absent for the vote.
H.B. 262 Recovery of Federal Reimbursement for Costs Associated with Illegal
Immigrants(Rep. K. Morgan)
Rep. Morgan presented the bill.
Spoke to the bill: Mr. Tony Yapias, citizen
MOTION: Rep. Wiley moved to move to the next item on the agenda. The motion passed
with Rep. Dee, Rep. Morley, and Rep. Wimmer voting in opposition. Rep. Litvack, Rep.
Lockhart, and Rep. Ray were absent for the vote.
Rep. Bowman assumed the Chair from Rep. Oda.
H.B. 10 Disclosure of Identity to Officer(Rep. C. Oda)
Rep. Oda introduced the bill with the assistance of Mr. Wade Farraway, Office of the Attorney
General.
Spoke in favor
of the bill: Sgt. Mike Streker, Weber Co. Sheriffs Office
Mr. Jeff Novak, citizen
Mr. Norman Davis, Utah Minutemen
MOTION: Rep. Wiley moved to pass the bill out favorably. The motion passed unanimously
with Rep. Litvack, Rep. Morley, and Rep. Ray absent for the vote.
MOTION: Rep. Wimmer moved to place H. B. 10 on the Consent Calendar. The motion
passed unanimously with Rep. Litvack, Rep. Morley, and Rep. Ray absent for the vote.
H.B. 12 Controlled Substances and Paraphernalia(Rep. C. Oda)
Rep. Oda presented the bill with the assistance of Ms. Jaycee Skinner, Statewide Association of
Prosecutors.
MOTION: Rep. Wimmer moved to pass the bill out favorably. The motion passed
unanimously with Rep. Litvack, Rep. Morley, and Rep. Ray absent for the vote.
MOTION: Rep. Wimmer moved to place H. B. 12 on the Consent Calendar. The motion
passed unanimously with Repl Litvack, Rep. Morley, and Rep. Ray absent for the vote.
Rep. Oda resumed the Chair.
H.B. 14 Discharge of Firearm Amendments(Rep. C. Wimmer)
Rep.Wimmer presented the bill with the assistance of Mr. Chad Platt, Chair, Statewide
Association of Prosecutors.
MOTION: Rep. Wimmer moved to amend the bill as follows:
1. Page
2, Line 32
:
32
76-10-508, as last amended by Laws of Utah 2005, Chapter 220
ENACTS:
Section 76-10-508.1, Utah Code Annotated 1953
2. Page
3, Lines 65 through 67
:
65
(x) any offense specified in Part 4, Uniform Commercial Driver License Act, that
66
requires disqualification;
67
(xi) a felony violation of Section
76-10-508
or 76-10-508.1
involving
discharging or allowing the
3. Page
3, Lines 83 through 86
:
83
(b) The division shall immediately revoke the license of a person upon receiving a
84
record of an adjudication under Title 78, Chapter 3a, Juvenile Court Act of 1996, for [any
of
85
the following offenses]:
86
(i) a felony violation of Section
76-10-508
or 76-10-508.1
involving
discharging or allowing the
4. Page
6, Lines 165 through 166
:
165
(v) a felony violation of [Subsection ] Section
76-10-508
[(2)]
or 76-10-508.1
regarding discharge of a
166
firearm or dangerous weapon.
5. Page
8, Lines 226 through 227
:
226
(b) It
{
shall be
}
is
a defense to any
{
[
} charge for
violating {
]
} {misdemeanor violation of
}
this
227
section that the person being accused had actual permission of the owner or person in
charge of
6. Page
8, Line 229 through Page 9, Line 250
:
229
(2)
{
[
} A {
]
} {
Except as provided in Subsection (3), a
} violation of
any provision of [this
230
section] Subsection (1) is a class B misdemeanor [unless the actor discharges].
231
{
(3) A person commits a felony offense subject to penalty under Subsection
(4) if the
232
person violates any provision of Subsection (1) by discharging
}
{
a firearm
under any of the
233
following circumstances not amounting to criminal homicide or attempted criminal
homicide
}
[,
234
in which case it is a third degree felony and the convicted person shall be sentenced to an
235
enhanced minimum term of three years in prison]
{
:
236
(a) the actor discharges a firearm in the direction of any person or persons,
knowing or
237
having reason to believe that any person may be endangered;
238
(b) the actor, with intent to intimidate or harass another or with intent to
damage a
239
habitable structure as defined in Subsection
76-6-101
(2), discharges a firearm in the
direction
240
of any building; or
241
(c) the actor, with intent to intimidate or harass another, discharges a firearm
in the
242
direction of any vehicle.
}
243
{
(4) A violation under Subsection (3):
244
(a) is a felony of the third degree, punishable by imprisonment for a term of
not less
245
than three years nor more than five years, except as provided in Subsection (4)(b) or
(c);
246
(b) that results in bodily injury to another is a felony of the second degree,
punishable
247
by imprisonment for a term of not less than three years nor more than 15 years,
except as
248
provided in Subsection (4)(c); or
249
(c) that results in serious bodily injury to another is a first degree felony,
punishable by
250
imprisonment for a term of not less than three years and which may be for life.
}
7. Page
9, Lines 251 through 259
:
251
{
[
} (3) {
]
} {
(5)
} {
The
}
In addition to any other penalties,
the
court shall:
252
(a) notify the Driver License Division of the conviction for purposes of any
revocation,
253
denial, suspension, or disqualification of a driver license under [Section ] Subsection
254
53-3-220
(1)(a)(xi); and
255
(b) specify in court at the time of sentencing the length of the revocation under
256
Subsection
53-3-225
(1)(c).
257
{
[
} (4) {
]
} {(6) }
This section does not apply to a person who:
258
(a) [who] discharges any kind of firearm when that person is in lawful defense of
self
259
or others; [or]
8. Page
9, Lines 265 through 266
:
265
stop at a location other than within the boundaries of the firing range or training ground
266
described in Subsection
{
(6)
}
(4)
(c)(i);
9. Page
9, Line 270
:
270
(v) the discharge is not made in violation of Subsection
{
(3)
}
(1)
.
Section 4. Section 76-10-508.1 is enacted to read:
76-10-508.1. Felony Discharge of a firearm _ Penalties.
(1) Except as provided under Subsection (2) or (3), a person who discharges a
firearm under any of the circumstances not amounting to criminal homicide or
attempted criminal homicide is guilty of a third degree felony punishable by
imprisonment for a term of not less than three years nor more than five years if:
(a) the actor discharges a firearm in the direction of any person or persons,
knowing or having reason to believe that any person may be endangered by the
discharge of the firearm;
(b) the actor, with intent to intimidate or harass another or with intent to
damage a habitable structure as defined in Section 76-6-101, discharges a firearm in
the direction of any person or habitable structure; or
(c) the actor, with intent to intimidate or harass another, discharges a firearm
in the direction of any vehicle.
(2) A violation of Subsection (1) which causes injury to any person is a second
degree felony punishable by imprisonment for a term of not less than three years
nor more than fifteen years.
(3) A violation of Subsection (1) which causes serious bodily injury to any
person is a first degree felony.
(4) In addition to any other penalties for a violation of this section, the court
shall:
(a) notify the Driver License Division of the conviction for purposes of any
revocation, denial, suspension, or disqualification of a driver license under
Subsection 53-3-220(1)(a)(xi); and
(b) specify in court at the time of sentencing the length of the revocation under
Subsection 53-3-225(1)(c).
(5) This section does not apply to a person:
(a) who discharges any kind of firearm when that person is in lawful defense of
self or others;
(b) who is performing official duties as provided in Sections 23-20-1.5 or
76-10-523 or as otherwise authorized by law;
(c) discharges a dangerous weapon or firearm from an automobile or other
vehicle, if:
(i) the discharge occurs at a firing range or training ground;
(ii) at no time after the discharge does the projectile that is discharged cross
over or stop at a location other than within the boundaries of the firing range or
training ground described in Subsection (c)(i);
(iii) the discharge is made as practice or training for a lawful purpose;
(iv) the discharge and the location, time, and manner of the discharge are
approved by the owner or operator of the firing range or training ground prior to
the discharge; and
(v) the discharge is not made in violation of Subsection (1).
The motion passed unanimously with Rep. Litvack absent for the vote.
Spoke in favor
of the bill: Mr. Bill Clayton, Director, Gun Owners of Utah
MOTION: Rep. Wiley moved to pass the bill out favorably as amended. The motion passed
unanimously with Rep. Litvack absent for the vote.
MOTION: Rep. Wiley moved to place H. B. 14 on the Consent Calendar. The motion passed
unanimously with Rep. Litvack absent for the vote.
H.B. 235 County Merit System Amendments(Rep. B. Dee)
Rep. Dee presented the bill.
MOTION: Rep. Ray moved to pass the bill out favorably. The motion passed unanimously
with Rep. Litvack absent for the vote.
MOTION: Rep. Ray moved to place H. B. 235 on the Consent Calendar. The motion passed
unanimously with Rep. Litvack absent for the vote.
H.B. 237 Illegal Immigration Enforcement Act (Rep. G. Donnelson)
Rep. Donnelson introduced the bill.
Spoke in oppostion
of the bill: Mr. Lee Gardner, Joint Latino Task Force
Chief Chris Burbank, Salt Lake City Police Force
Spoke in favor
of the bill: Mr. Norman Davis, Utah Minutemen
Mr. Jeff Novak, citizen, Sandy, Utah
MOTION: Rep. Wimmer moved to pass the bill out favorably. The motion passed with Rep.
Litvack, Rep. Seelig, and Rep. Wiley voting in opposition. Rep. Morley was absent for the vote.
MOTION: Rep. Wiley moved to adjourn. The motion passed unanimously with Rep. Morley
absent for the vote. Rep. Oda adjourned the meeting at 4:05 p.m.