MINUTES OF THE
SENATE JUDICIARY, LAW ENFORCEMENT &
CRIMINAL JUSTICE
STANDING COMMITTEE
Room 250, Utah State Capitol
February 9, 2015
Members Present: Sen. Mark B. Madsen, Chair
Sen. Luz
Escamilla,
Sen. Gene Davis
Sen. Lyle W. Hillyard
Sen. Daniel W. Thatcher
Sen. Stephen H. Urquhart
Sen. Todd Weiler
Staff Present: Mr. Nathan Brady, Policy Analyst
Ms. Nancy Skidmore, Committee Secretary
NOTE: A list of visitors and a copy of handouts are filed
with the committee minutes.
Chair Madsen called the meeting to order at 3:45 p.m.
MOTION: Sen. Thatcher moved to approve the
minutes of the February 4, 2015 and February 5, 2015 meetings. The motion
passed unanimously with Sen. Davis absent for the vote.
S.B. 136 Statute of Limitations for Criminal Fines, Fees, and Restitution (Sen. L. Hillyard)
Sen. Hillyard explained the bill to the committee.
MOTION: Sen. Thatcher moved to pass the bill out favorably. The motion passed unanimously.
MOTION: Sen. Thatcher moved the bill be placed on the Consent Calendar. The motion passed unanimously.
S.B. 141 Judiciary Amendments (Sen. L. Hillyard)
Sen. Hillyard explained the bill to the committee.
MOTION: Sen. Davis moved S.B. 141 be replaced with 1st Sub. S.B. 141. The motion passed unanimously.
Spoke to the bill: Rick Schwermer, Administrative Office of the Courts
Gordon Wright, Bondsman, Utah Bail Bonds
MOTION: Sen. Hillyard moved to amend the bill as follows:
1.
Page 2, Line 36:
36 {30-3-11.4, as last amended by Laws of Utah 2014,
Chapter 347}
2.
Page 4, Line 91 through Page 6, Line 154:
91 {Section 3.
Section
30-3-11.4 is amended to read:
92 30-3-11.4. Mandatory orientation course for divorcing
parties -- Purpose --
93 Curriculum
-- Exceptions.
94 (1) There is established a mandatory divorce
orientation course for all parties with
95 minor
children who file a petition for temporary separation or for a divorce. A couple with no
96 minor
children are not required, but may choose to attend the course. The purpose of the
97 course
shall be to educate parties about the divorce process and reasonable
alternatives.
98 (2) A petitioner shall attend a divorce
orientation course no more than 60 days after
99 filing
a petition for divorce.
100 (3) With the exception of temporary restraining
orders pursuant to Rule 65, Utah Rules
101 of
Civil Procedures, a party may file, but the court may not hear, temporary
orders until the
102 party
seeking temporary orders has completed the divorce orientation course.
103 (4) The respondent shall attend the divorce
orientation course no more than 30 days
104 after
being served with a petition for divorce.
105 (5) The clerk of the court shall provide notice
to a petitioner of the requirement for the
106 course,
and information regarding the course shall be included with the petition or
motion,
107 when
served on the respondent.
108 (6) The divorce orientation course shall be
neutral, unbiased, at least one hour in
109 duration,
and include:
110 (a) options available as alternatives to divorce;
111 (b) resources available from courts and
administrative agencies for resolving custody
112 and
support issues without filing for divorce;
113 (c) resources available to improve or strengthen
the marriage;
114 (d) a discussion of the positive and negative
consequences of divorce;
115 (e) a discussion of the process of divorce;
116 (f) options available for proceeding with a
divorce, including:
117 (i) mediation;
118 (ii) collaborative law; and
119 (iii) litigation; and
120 (g) a discussion of post-divorce resources.
121 (7) The course may be provided in conjunction
with the mandatory course for
122 divorcing
parents required by Section 30-3-11.3.
123 (8) The Administrative Office of the Courts shall
administer the course pursuant to
124 Title
63G, Chapter 6a, Utah Procurement Code, through private or public contracts.
125 (9) The course may be through live instruction,
video instruction, or through an online
126 provider.
127 (10) Each participant shall pay the costs of the
course, which may not exceed $30, to
128 the
independent contractor providing the course at the time and place of the
course. A
129 petitioner
who attends a live instruction course within 30 days [of] before filing
may not be
130 charged
more than $15 for the course. A
respondent who attends a live instruction course
131 within
30 days of being served with a petition for divorce may not be charged more
than $15
132 for
the course.
133 (a) A fee of $5 shall be collected, as part of
the course fee paid by each participant, and
134 deposited
in the Children's Legal Defense Account described in Section 51-9-408.
135 (b) A participant who is unable to pay the costs
of the course may attend without
136 payment
and request an Affidavit of Impecuniosity from the provider to be filed with
the
137 petition
or motion. The provider shall be
reimbursed for its costs by the Administrative Office
138 of
the Courts. A petitioner who is later
determined not to meet the qualifications for
139 impecuniosity
may be ordered to pay the costs of the course.
140 (11) Appropriations from the General Fund to the
Administrative Office of the Courts
141 for
the divorce orientation course shall be used to pay the costs of an indigent
petitioner who is
142 determined
to be impecunious as provided in Subsection (10)(b).
143 (12) The Online Court Assistance Program shall
include instructions with the forms for
144 divorce
which inform the petitioner of the requirement of this section.
145 (13) Both parties shall attend a divorce
orientation course before a divorce decree may
146 be
entered, unless waived by the court. A
certificate of completion constitutes evidence to the
147 court
of course completion by the parties.
148 (14) It shall be an affirmative defense in all
divorce actions that the divorce orientation
149 requirement
was not complied with, and the action may not continue until a party has
150 complied.
151 (15) The Administrative Office of the Courts shall
adopt a program to evaluate the
152 effectiveness
of the mandatory educational course.
Progress reports shall be provided if
153 requested
by the Judiciary Interim Committee.}
154 Section {4} 3 . Section 77-20-1 is amended to read:
3.
Page 8, Line 212:
212 Section {5} 4 .
Section 77-22-2.5
is amended to read:
4.
Page 11, Line 311:
311 Section {6} 5 .
Section 78A-2-301
is amended to read:
5.
Page 16, Line 482:
482 Section {7} 6 . Section 78A-2-601 is amended to read:
6.
Page 17, Line 499:
499 Section {8} 7 . Section 78A-7-118 is amended to read:
7.
Page 18, Line 541:
541 Section {9} 8 . Section 78A-7-202 is amended to read:
8.
Page 20, Line 598:
598 Section {10} 9 . Section 78B-1-122 is amended to read:
The motion passed unanimously.
MOTION: Sen. Davis moved to pass the bill out favorably. The motion passed unanimously.
MOTION: Sen. Hillyard moved the bill be placed on the Consent Calendar. The motion passed unanimously.
S.B. 150 Driving Under the Influence Sentencing Revisions (Sen. S. Jenkins)
Sen. Jenkins explained the bill to the committee.
Spoke to the bill: Linda Hull, Utah Department of Transportation
MOTION: Sen. Escamilla moved to hold the bill. The motion passed unanimously with Sen. Davis and Sen. Hillyard absent for the vote.
MOTION: Sen. Escamilla moved to adjourn. The motion passed unanimously with Sen. Davis and Sen. Hillyard absent for the vote.
Chair Madsen adjourned the meeting at 4:24 p.m.
________________________
Sen. Mark B. Madsen, Chair