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LAW ENFORCEMENT AND CRIMINAL JUSTICE STANDING COMMITTEE
Room 25, House Office Building, State Capitol Complex
February 11, 2011
Members Present: Rep. Curt Oda, Chair
Rep. Richard Greenwood, Vice Chair
Rep. Patrice Arent
Rep. David Butterfield
Rep. Steve Eliason
Rep. Keith Grover
Rep. Greg Hughes
Rep. Don Ipson
Rep. David Litvack
Rep. Lee Perry
Rep. Jennifer Seelig
Rep. Carl Wimmer
Rep. Bill Wright
Staff Present: Mr. Stewart Smith, Policy Analyst
Ms. Linda Error, 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 2:05 p.m.
MOTION: Rep. Grover moved to approve the minutes of the February 9, 2011 meeting. The motion passed unanimously, with Rep. Hughes absent for the vote.
H.B. 167 Incarceration Amendments (Rep. E. Hutchings)
Rep. Hutchings explained the bill to the committee with the assistance of Ms. Jacey Skinner, Utah Sentencing Commission.
Spoke in favor of the bill: Mr. Clark Harms, Utah Board of Pardons
MOTION: Rep. Arent moved to pass the bill with a favorable recommendation. The motion passed unanimously, with Rep. Hughes absent for the vote.
MOTION: Rep. Greenwood moved to place H.B. 167 on the Consent Calendar. The motion passed unanimously.
H.B. 70 Illegal Immigration Enforcement Act (Rep. S. Sandstrom)
Rep. Sandstrom explained the bill to the committee.
MOTION: Rep. Greenwood moved to amend the bill as follows:
1. Page 4, Line 108 :
108 (3) "Law enforcement officer" has the same meaning as in Section 53-13-103 .
(4) "Reasonable suspicion" is based on a peace officer who is acting under
Subsection 76-9-1003(1) determining that a person is unable to provide any of
the documents listed in Subsection 76-9-1004(1).
2. Page 4, Lines 109 through 113 :
109
{
(4)
}
(5)
"SAVE program" means the federal Systematic Alien
Verification for Entitlements
110 program operated by the federal Department of Homeland Security.
111
{
(5)
}
(6)
"State or local governmental agency" includes any private
contractor or vendor that
112 contracts with the agency to provide the agency's functions or services.
113
{
(6)
}
(7)
"Verify immigration status" or "verification of immigration
status" means the
3. Page 5, Line 121 :
121 (1) (a)
{
When
}
Except as provided in Subsections (1)(b), (c), or (d),
any law enforcement officer acting in the enforcement of any state law or
4. Page 5, Lines 124 through 125 :
124 the officer
:
(i)
shall
{
attempt to verify
}
request verification of the citizenship or
the immigration status of the person
under 8 U.S.C. 1373(c)
, except as allowed
under
125 Subsection (1)(b)
{
or
}
,
(c)
, or (d), if the alleged offense is a class A
misdemeanor or a felony; and
(ii) may attempt to verify the immigration status of the person, except as exempted under Subsections (1)(b), (c), or (d), if the alleged offense is a class B or class C misdemeanor, except that if the person is arrested and booked for a
class B or C misdemeanor, the arresting law enforcement officer or the law enforcement agency booking the person shall attempt to verify the immigration status of the person
.
5. Page 5, Line 130 :
130 school resource officer for any elementary or secondary school.
(d) Subsection (1)(a) does not apply to a county or municipality when it has
only one law enforcement officer on duty and response support from another
law enforcement agency is not available.
6. Page 6, Lines 156 through 157 :
156 (a) a valid Utah driver license
issued on or after January 1, 2010
;
157 (b) a valid Utah identification card issued under Section 53-3-804
and issued on
or after January 1, 2010
;
7. Page 6, Line 159 :
159 that includes photo identification;
{
or
}
8. Page 6, Line 163 :
163 verification of legal presence in the United States as a condition of issuance of the document
; or
(e) a Utah permit to carry a concealed firearm
.
9. Page 8, Line 217 :
(c) The signature under this Subsection (1) may be executed in person or
electronically.
217
{
(c)
}
{
(i)
}
(d)
When an applicant who is a qualified alien has
executed the certificate under this
10. Page 8, Lines 221 through 222 :
221
{
(ii) Until eligibility verification is made, the certificate may be presumed to
be proof of
222 lawful presence for the purposes of this section. }
11. Page 8, Lines 237 through 240 :
237 (6) If an agency under Subsection (1)
{
determines it has reasonable
suspicion
}
receives verification
that a
238 person making an application for any benefit, service, or license
{
has violated or
attempted to
239 violate any fraud provision of the Utah Code }
is not a qualified alien
, the
agency shall provide the information to the
240 local law enforcement agency
unless prohibited by federal mandate
.
The motion to amend passed unanimously.
MOTION: Rep. Hughes moved to amend the bill as follows:
1. Page 9, Lines 271 through 273 :
271 (2) It is unlawful for a person to:
272 (a) transport, move, or attempt to transport into this state
or
[or for a distance of
greater
273
The motion to amend passed unanimously.
Rep. Sandstrom further explained the bill.
Assisted by: Mr. Ronald Mortenson, Davis County 9/12 Project
Ms. Gayle Ruzicka, Utah Eagle Forum
Dr. Jennifer Brown, dentist, Layton, Utah
Ms. Lynnette Weed, citizen
Mr. Arturo Morales, Legal Immigration for Immigration Law Enforcement
MOTION: Rep. Greenwood moved to limit committee members' questions and comments to three minutes. The motion failed, with Rep. Greenwood, Rep. Grover and Rep. Oda voting in favor. Rep. Wimmer and Rep. Wright were absent for the vote.
Spoke in favor of the bill: Mr. Gaylan Stewart, citizen
Mr. Dan Deuel, Weber County 9/12 Project
Mr. Victor Shanti, citizen
Representative Chris Herrod, citizen
Mr. Jeremy Roberts, citizen
Mr. Louis Welch, citizen
Mr. Keith Kuder, Utah Young Republicans
Spoke against the bill: Mr. Todd Landfried, Arizona Employers for Immigration Reform
Mr. Jim Wall, Salt Lake Convention and Visitor's Bureau
Mr. Paul Mero, Sutherland Institute (handout)
Ms. Marina Lowe, American Civil Liberties Union
Mr. Michael McCarty, United for Social Justice (handout)
Ms. Dee Rowland, Catholic Diocese
Mr. Lee Gardner, citizen (handout)
MOTION: Rep. Ipson moved to pass the bill with a favorable recommendation. The motion passed, with Rep. Arent, Rep. Litvack and Rep. Seelig voting in opposition. Rep. Wright was absent for the vote.
MOTION: Rep. Grover moved to adjourn the meeting. The motion passed unanimously.
Rep. Oda adjourned the meeting at 5:30 p.m.
___________________
Rep. Curtis Oda, Chair