20 House Building, Utah State Capitol Complex

January 28, 2016

Members Present:    Rep. LaVar Christensen, Chair

Rep. Merrill Nelson, Vice Chair

Rep. Fred C. Cox

Rep. Bruce Cutler

Rep. Brian M. Greene

Rep. Craig Hall

Rep. Brian S. King

Rep. Curtis Oda

Rep. V. Lowry Snow

Rep. Kevin J. Stratton

Rep. Mark A. Wheatley


Staff Present:            Mr. Gregg Girvan, Policy AnalystMs. Glenda VanWagenen, Committee Secretary


NOTE:   A list of visitors and a copy of handouts are filed with the committee minutes.

Chair Christensen called the meeting to order at 2:15 p.m.


MOTION:     Rep. Nelson moved to approve the minutes of March 9, 2015. The motion passed unanimously with Rep. King and Rep. Stratton absent for the vote.


H.B. 79           Nonpatient Cause of Action (K. McIff)

Rep. McIff explained the bill to the committee.

After discussing the bill, Chair Christensen announced that the bill would be held and placed at the beginning of the next meeting.


H.B. 22           Civil Asset Forfeiture - Procedural Reforms (B. Greene)

Rep. Greene explained the bill to the committee.


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

House Judiciary Standing Committee

January 28, 2016

Page 2


1.    Page 6, Line 176:       


176facilitate the commission of a federal or state  criminal  offense and any direct proceeds of criminal


2.    Page 8, Line 219:       


219 (b) The notice of intent to seek forfeiture shall describe  with particularity  the:


3.    Page 9, Line 252 through Page 10, Line 284:      


252 {  [(b) A] (2) The complaint for civil forfeiture under Subsection (1)(a)(iv) shall describe

253with reasonable particularity [the]:

254 [(i)] (a) the property that is the subject of the forfeiture proceeding;

255 (b) a direct nexus between the seized property and the conduct giving rise to the

256forfeiture under Subsection 24-4-102(2);

257 [(ii)] (c) the date and place of seizure; and

258 [(iii)] (d) the factual allegations that constitute a basis for forfeiture.

259 [(2)] (3) (a) After a complaint for civil forfeiture is filed in compliance with the

260requirements of Subsections (1) and (2), the prosecuting attorney shall serve a copy of the

261complaint and summons upon each claimant known to the prosecuting attorney within 30 days.

262 (b) The prosecuting attorney is not required to serve a copy of the complaint or the

263summons upon any claimant who has disclaimed, in writing, an ownership interest in the

264seized property.

265 (c) Service of the complaint and summons shall be by:

266 (i) personal service;

267 (ii) certified mail, return receipt requested, to the claimant's known address; or

268 (iii) service by publication, if the prosecuting attorney demonstrates to the court that

269service cannot reasonably be made by personal service or certified mail.

270 (d) Service by publication shall be by publication of two notices, in two successive

271weeks, of the forfeiture proceeding:

272 (i) in a newspaper of general circulation in the county in which the seizure


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February 24, 2016

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274 (ii) on [Utah's Public Legal Notice Website] the public legal notice website established

275in Subsection 45-1-101(2)(b).

276 (e) Service is effective upon the earlier of:

277 (i) personal service;

278 (ii) mailing of a written notice; or

279 (iii) publication.

280 (f) Upon motion of the prosecuting attorney and a showing of good cause, the court

281may extend the period to complete service under this section for an additional 60 days.

282 (g) An answer made by a claimant under this Subsection (3) shall be filed within 30

283days after the complaint is served upon the claimant under this Subsection (3).  }

284 [(3) (a)] {  (4)  }  (2)  In any case where the prosecuting attorney files a complaint for civil


4.    Page 10, Line 290:     


290 [(4)] {  (5)  }  (3)  Except as otherwise provided in this chapter, forfeiture proceedings are


5.    Page 10, Line 292:     


292 [(5)] {   (6)  }  (4)  The court shall take all reasonable steps to expedite civil forfeiture


6.    Page 10, Line 294:     


294 [(6)] {   (7)  }  (5)  In all suits or actions brought under this section for the civil forfeiture of any


7.    Page 10, Line 297:     


297 [(7)] {  (8)  }  (6)  A claimant may file an answer to a complaint for civil forfeiture without



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February 24, 2016

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8.    Page 17, Line 509:     


509criminal {  forfeitures  }  forfeiture  actions under Section 24-4-105 shall be deposited into the account.

The motion passed unanimously.


Spoke for the bill:

Connor Boyack, Libertas Institute

Marina Lowe, ACLU

Greg Boren, Citizen


Spoke against the bill:

Chad Platt, Statewide Association of Prosecutors, distributed a copy of Utah Code Section 24-4-105, Criminal Forfeiture Procedure.


MOTION:     Rep. Oda moved to pass the bill out favorably as amended. The motion passed unanimously.


Vice Chair Nelson assumed the Chair.


H.B. 85           Private Attorney General Doctrine (B. Greene)


The bill was not considered.


H.B. 148         Protective Order Amendments (A. Romero)


Rep. Romero explained the bill with the assistance of Stewart Ralphs, Legal Aid Society.


Spoke for the bill:

Dan Deuel, National Parents Organization of Utah


MOTION:     Rep. King moved to replace H.B. 148 with 1st Sub. H.B. 148. The motion passed unanimously with Rep. Christensen and Rep. Greene absent for the vote.


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



1.    Page 2, Line 56 through Page 3, Line 63:     


56   (5) If a divorce proceeding is pending between [the] parties to a protective order action,

57the protective order {  [  } shall {  ]  } {  may  } be dismissed when the court issues a decree of divorce for the

58parties if:

59   (a) the petitioner in the protective order action is present or has been given notice in

60both the divorce and protective order action of the hearing; and

61   (b) the court {  [  } specifically finds that the order need not continue {  ]  } [.], {  after making specific

62findings on each factor described  }  and as provided  in Subsection (1), {  determines that  } the petitioner no longer has

63a reasonable fear of future abuse.


The motion passed unanimously with Rep. Stratton absent for the vote.


MOTION:     Rep. Cutler moved to pass the bill out favorably as amended. The motion passed unanimously with Rep. Stratton absent for the vote.


MOTION:     Rep. Wheatley moved to adjourn the meeting. The motion passed unanimously with Rep. Stratton absent for the vote.


Vice Chair Nelson adjourned the meeting at 4:40 p.m.









Rep. LaVar Christensen, Chair