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MINUTES OF THE HOUSE
LAW ENFORCEMENT AND CRIMINAL JUSTICE STANDING COMMITTEE
Room WO25, West Office Building, State Capitol Complex
February 4, 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. Ken Sumsion
            Rep. Larry Wiley
            Rep. Carl Wimmer
Members Absent:    Rep. Jennifer Seelig

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. Bowman called the meeting to order at 8:10 a.m.

MOTION:    Rep. Sumsion moved to approve the minutes of January 31, 2008. The motion passed unanimously with Rep. Litvack, Rep. Morley, and Rep. Ray absent for the vote.

H.C.R. 1    Meth Awareness for Students and Educators Resolution (Rep. C. Oda)

Rep. Oda presented the bill with the assistance of Mr. David Turner, Principal, North Layton Jr. High School. The following students spoke for the bill: Cade Visser, Camree Larkin, Kristin Hanson, Joel Fletcher, and Kamarie Nicdao. (handouts)

MOTION:    Rep. Dee moved to pass the bill out favorably. The motion passed unanimously with Rep Morley, Rep. Ray, and Rep. Wiley absent for the vote.

S.B. 119    Department of Corrections Amendments (Sen. D. Peterson) (Rep. P. Ray)
        
Sen. Peterson presented the bill with the assistance of Mr. Tom Patterson, Executive Director, Department of Corrections.

Spoke for
the bill:    Ms. Amanda Viana, Utah Public Employees' Association

MOTION:    Rep. Morley moved to pass the bill out favorably. The motion passed unanimously with Rep. Litvack, Rep. Ray, and Rep. Wiley absent for the vote.

H.B. 312    Crime Victim Reparations Revisions (Rep. Julie Fisher)

Rep. Fisher presented the bill with the assistance of Mr. Ron Gardner, Executive Director, Crime Victims Reparation. (handout)

MOTION:    Rep. Wimmer moved to amend the bill as follows:

1.    Page 27, Lines 823 through 824 :    

             823          (2) Records released under Subsection (1) are admissible in a restitution hearing
{   if the

             824      records are prepared in accordance with Utah Rules of Evidence, Rule 803(6)   } .

The motion passed unanimously with Rep. Ray and Rep. Wiley absent for the vote.

MOTION:    Rep. Wimmer moved to pass the bill out favorably. The motion passed unanimously with Rep. Oda and Rep. Ray absent for the vote.

H.B. 327    Enticing a Minor by Electronic Means (Rep. K. Gibson)

Rep. Gibson presented the bill.

Spoke to the bill:    Ms. Jaycee Skinner, Statewide Association of Prosecutors

MOTION:    Rep. Litvack moved to amend the bill as follows:


1.    Page 2, Line 43 :    

             43          (b) A person commits enticement of a minor
{   over the Internet   } when the person


The motion passed unanimously with Rep. Ray and Rep. Wimmer absent for the vote.

MOTION:    Rep. Dee moved to pass the bill out favorably. The motion passed unanimously with Rep. Ray and Rep. Wimmer absent for the vote.

H.B. 288    911 Committee (Rep. B. Dee)
Rep. Dee presented the bill.


MOTION:    Rep. Lockhart moved to pass the bill out favorably. The motion passed unanimously with Rep. Ray absent for the vote.

MOTION:    Rep. Morley moved to place H. B. 288 on the Consent Calendar. The motion passed unanimously with Rep. Ray absent for the vote.

H.B. 314    Sexual Offenses - Definitions (Rep. R. Bigelow)

Rep. Bigelow presented the bill.

MOTION:    Rep. Morley moved to pass the bill out favorably. The motion passed unanimously.

MOTION:    Rep. Wimmer moved to place H. B. 314 on the Consent Calendar. The motion passed unanimously with Rep. Dee and Rep. Litvack absent for the vote.

H.B. 260    Controlled Substance Schedule - Amendments (Rep. P. Ray)

The bill was not heard.

H.B. 154    Motorboat Education Requirements (Rep. J. Dunnigan)

Mr. Dave Harris, Boating Coordinator, Utah State Parks and Recreation, explained the bill.

Rep. Dunnigan further explained the bill. (handout)

Spoke in favor
of the bill:    Ms. Pamela Berger, Chair, Utah Boating Council
        Mr. Chris Haller, Boating Education Specialist, Utah Parks and Recreation
        Mr. Gary Thorup, attorney, Property and Casualty Insurance Co. of America

MOTION:    Rep. Oda moved to pass the bill out favorably. The motion failed with Rep. Morley, Rep. Ray, Rep. Sumsion, and Rep. Wimmer voting in opposition. Rep. Dee and Rep. Litvack were absent for the vote.

MOTION:    Rep. Ray moved to adjourn. The motion passed unanimously with Rep. Dee and Rep. Litvack absent for the vote. Rep. Bowman adjourned the meeting at 9:35 a.m.


                        ___________________
                        Rep. DeMar "Bud" Bowman, Chair