MINUTES OF THE

SENATE JUDICIARY, LAW ENFORCEMENT & CRIMINAL JUSTICE

STANDING COMMITTEE

Room 250, Utah State Capitol

February 23, 2015

Members Present: Sen. Mark B. Madsen, Chair

Sen. Luz Escamilla

Sen. Stephen H. Urquhart

Sen. Todd Weiler

Members Excused: Sen. Gene Davis

Sen. Lyle W. Hillyard

Members Absent: Sen. Daniel W. Thatcher

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 8:48 a.m.

MOTION: Sen. Weiler moved to approve the minutes of the February 17, 2015 and February 19, 2015 meetings. The motion passed unanimously with Sen. Urquhart absent for the vote.

S.B. 214 Veterans Court (Sen. P. Knudson)

This bill was not heard.

S.B. 215 Settlement Authority Amendments (Sen. L. Hillyard)

Rep. Daw explained the bill to the committee.

MOTION: Sen. Escamilla moved to pass the bill out favorably. The motion passed unanimously with Sen. Urquhart absent for the vote.

H.B. 83 Crimes Against Health Care Providers in Correctional System (Rep. B. Daw)

Rep. Daw explained the bill to the committee.

MOTION: Sen. Weiler moved to amend the bill as follows:

1. Page 1, Lines 13 through 15

House Floor Amendments

2-6-2015:

13 This bill: {

14 ▸ defines a health care provider;}

15 ▸ {includes} provides that employees, volunteers, and health care providers {as } are victims in the statutory section that currently

2. Page 3, Line 61:

61 a peace officer, or {a health care provider} an employee or a volunteer, including health care providers , Section 76-5-102.6;

3. Page 4, Lines 102 through 106:

102 {(1) As used in this section, "health care provider" means the same as that term is

103 defined in Section 78B-3-403, but does not include an athletic trainer.}

104 {[} (1) {]} { (2) } Any prisoner or person detained pursuant to Section 77-7-15 who throws or

105 otherwise propels any substance or object at a peace [or] officer, a correctional officer, or { a

106 (health care provider} an employee or volunteer, including a health care provider , is guilty of a class A misdemeanor, except as provided under Subsection

4. Page 4, Line 108:

108 {[} (2) {]} {(3)} A violation of Subsection {[} (1) {]} { (2) } is a third degree felony if:

5. Page 4, Line 119:

119 {[} (3) {]} {(4)} If an offense committed under this section amounts to an offense subject to a

The motion passed unanimously with Sen. Urquhart absent for the vote.

MOTION: Sen. Weiler moved to pass the bill out favorably. The motion passed unanimously with Sen. Urquhart absent for the vote.

H.B. 35 Parent-time Schedule Amendments (Rep. V.L. Snow)

This bill was not heard.

H.B. 131S01 Tobacco Shop Amendments (Rep. K. Powell)

Rep. Powell explained the bill to the committee.

Spoke for the bill: Jennifer Dailey, Executive Director, Utah Academy of Family Physicians

MOTION: Sen. Weiler moved to hold the bill. The motion passed unanimously.

H.B. 34 Personal Injury Damages Amendments (Rep. K. McIff)

Rep. McIff explained the bill to the committee.

Spoke for the bill: John Ray, President Elect, Utah Association for Justice

MOTION: Sen. Urquhart moved to pass the bill out favorably. The motion passed

unanimously.

H.B. 192 Property Rights Ombudsman Amendments (Rep. T. Hawkes)

Rep. Hawkes explained the bill to the committee.

Spoke for the bill: Brent Bateman, Lead Attorney, Ombudsman

MOTION: Sen. Weiler moved to pass the bill out favorably. The motion passed unanimously.

MOTION: Sen. Weiler moved the bill be placed on the Consent Calendar. The motion failed

with Sen. Madsen voting in opposition.

MOTION: Sen. Escamilla moved to adjourn. The motion passed unanimously with Sen. Urquhart absent for the vote.

Chair Madsen adjourned the meeting 9:29 a.m.

________________________

Sen. Mark B. Madsen, Chair