MINUTES OF THE
SENATE JUDICIARY, LAW ENFORCEMENT &
CRIMINAL JUSTICE
STANDING COMMITTEE
Room 250, Utah State Capitol
February 24, 2015
Members Present: Sen. Mark B. Madsen, Chair
Sen. Luz Escamilla
Sen. Lyle W. Hillyard
Sen. Daniel W. Thatcher
Sen. Stephen H. Urquhart
Sen. Todd Weiler
Members Excused: Sen. Gene Davis
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 4:20 p.m.
MOTION: Sen. Madsen moved to approve the minutes of the February 23, 2015 meeting. The motion passed unanimously with Sen Hillyard absent for the vote.
Sen. Madsen relinquished the chair to Sen.
Thatcher.
S.B. 226 Search and Seizure Amendments (Sen. M. Madsen)
Sen. Madsen explained the bill to the committee.
MOTION: Sen. Madsen moved to amend the bill as follows:
1.
Page 2, Line 47:
47 other
remote sensing or detection technology {that enables} used by the individual operating the
device to
The motion passed unanimously with Sen. Hillyard and Sen. Weiler absent for the vote.
Spoke to the bill: Rick Schwermer, Utah Court Administrator
Coy Porter, State Fire Marshall
Spoke for the bill: Marina Lowe, Legislative and Policy Counsel, ACLU
Connor Boyd, President, Libertas Institute
MOTION: Sen. Madsen moved to pass the bill out favorably. The motion passed unanimously with Sen. Weiler absent for the vote.
Sen. Madsen resumed the chair.
S.B. 214 Veterans Court (Sen. P. Knudson)
Sen. Knudson explained the bill to the committee.
Spoke to the bill: Rick Schwermer, Utah Court Administrator
Spoke for the bill: Cory Peterson, Deputy Director, Veterans Services Coordinator
MOTION: Sen. Weiler moved to amend the bill as follows:
1.
Page 2, Lines 40 through 45:
40 (2) The collaborative strategy in each veterans
court program shall:
41 (a) include monitoring and evaluation components
to measure program effectiveness;
42 and
43 (b) be submitted, for the purpose of coordinating
the disbursement of funding, to the {:
44 (i) } Administrative Office of the Courts {; and
45 (ii) Department of Corrections} .
2.
Page 2, Lines 51 through 58:
51 (4)
Screening criteria for participation in a veterans court program shall
include:
52 (a) a plea to, conviction of, or adjudication for
{a nonviolent offense or
drug-related} a criminal
53 offense;
54 (b)
{an agreement to} frequent alcohol and other drug testing, if
appropriate;
55 (c)
participation in veteran diversion outreach programs, including
substance abuse
56 treatment programs where appropriate; and
57 (d)
{an agreement to submit
to} sanctions for noncompliance with diversion and
58 substance abuse programs' requirements.
The motion passed unanimously with Sen. Urquhart absent for the vote.
MOTION: Sen. Thatcher moved to pass the bill out favorably. The motion passed unanimously.
S.B. 228 Emergency Order Amendments (Sen. R. Okerlund)
Sen. Okerlund explained the bill to the committee.
Spoke to the bill: Jacey Skinner, Chief Counsel for the Governor
MOTION: Sen. Escamilla moved to pass the bill out favorably. The motion passed unanimously with Sen. Hillyard absent for the vote.
S.B. 236 Justice Court Judges Retirement Amendments (Sen. T. Weiler)
Sen. Weiler explained the bill to the committee.
MOTION: Sen. Weiler moved to amend the bill as follows:
1.
Page 1, Lines 20 through 21:
20 Other Special
Clauses:
21 {None} This bill provides a special effective date.
2.
Page 2, Lines 47 through 48:
47 (ii) the {Office of the State Court Administrator} Administrative Office of the Courts , based on the judge's total
full-time
48 caseload.
3.
Page 3, Lines 77 through 78:
77 (ii) the {Office of the State Court Administrator} Administrative Office of the Courts , based on the judge's total
full-time
78 caseload.
4.
Page 3, Lines 86 through 87:
86 (4) All of the service rendered by a justice
court judge in any one fiscal or calendar
87 year may
not count for more than one year of service credit.
Section 3. Effective date.
This bill takes effect on January 1, 2016.
The motion passed unanimously with Sen. Hillyard absent for the vote.
Spoke to the bill: Dee Larson, Legal Counsel, Utah Retirement Systems
MOTION: Sen. Weiler moved to pass the bill out favorably. The motion passed unanimously with Sen. Hillyard absent for the vote.
H.B. 35 Parent-time Schedule Amendments (Rep. V.L. Snow)
Rep. Snow explained the bill to the committee.
Spoke to the bill: Stewart Ralphs, Executive Director, Legal Aid Society of Salt Lake
Spoke for the bill: Dan Duel, Legal Affairs, National Parents Organization
Will Melton
Julie Anderson
Belki Tolman
Spoke against the bill: Charlotte Jensen
MOTION: Sen. Escamilla moved to pass the bill out favorably. The motion passed with Sen. Thatcher voting in opposition. Sen. Hillyard and Sen. Weiler were absent for the vote.
S.J.R. 17 Joint Resolution Recognizing the 800th Anniversary of the Magna Carta (Sen. H. Stephenson)
Sen. Stephenson explained the bill to the committee.
MOTION: Sen. Thatcher moved to pass the bill out favorably. The motion passed unanimously with Sen. Hillyard, Sen. Urquhart, and Sen. Weiler absent for the vote.
S.B. 229 Child Support Guidelines Advisory Committee Extension (Sen. L. Hillyard)
Rep. Snow explained the bill to the committee.
MOTION: Sen. Escamilla moved to pass the bill out favorably. The motion passed unanimously with Sen. Hillyard, Sen. Urquhart, and Sen. Weiler absent for the vote
MOTION: Sen. Escamilla moved to place the bill on the Consent Calendar. The motion passed unanimously with Sen. Hillyard, Sen. Urquhart, and Sen. Weiler absent for the vote.
MOTION: Sen. Thatcher moved to adjourn. The motion passed unanimously with Sen. Hillyard, Sen. Urquhart, and Sen. Weiler absent for the vote.
Chair Madsen adjourned the meeting 6:10 p.m.
________________________
Sen. Mark B. Madsen, Chair