MINUTES OF THE

SENATE JUDICIARY, LAW ENFORCEMENT & CRIMINAL JUSTICE

STANDING COMMITTEE

Room 250, Utah State Capitol

February 25, 2015

Members Present: Sen. Mark B. Madsen, Chair

Sen. Gene Davis

Sen. Luz Escamilla

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 8:07 a.m.

S.B. 202 Pre-trial Release Amendments (Sen. L. Hillyard)

Sen. Hillyard explained the bill to the committee.

Spoke to the bill: Judge Todd M. Shaughnessy, Utah Courts

Spoke for the bill: Sheriff Jim Winder, Salt Lake County

Mr. Rick Schwermer, Assistant State Court Administrator, Utah Courts

Spoke against the bill: Mr. Jeff Clayton, Policy Director, American Bail Coalition

Mr. Wayne Carlos, President, Utah Association of Professional Bondsmen

Mr. Gary Walton, General Manager, Beehive Bail Bonds

MOTION: Sen. Weiler moved to pass the bill out favorably. The motion passed with Sen. Escamilla, Sen. Davis and Sen. Urquhart voting in opposition.

H.B. 148S01 Protective Order Amendments (Rep. A. Romero)

Rep. Romero explained the bill to the committee.

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

S.B. 209 Fifth District Court Judge (Sen. S. Urquhart)

Sen. Urquhart explained the bill to the committee.

Spoke to the bill: Mr. Rick Schwermer, Assistant State Court Administrator, Utah Courts

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

with Sen. Thatcher and Sen. Urquhart absent or the vote.

S.B. 179 Uniform Parentage Act Amendments (Sen. L. Hillyard)

Sen. Hillyard explained the bill to the committee

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

I. Page 24, Lines 728 through 731:

728 (d) {If a support enforcement agency seeks to rebut the presumption of

parentage, then

729 denial of a motion seeking an order for genetic testing or a decision to disregard genetic test

730 results shall be based on a preponderance of the evidence, taking into account the best interests

731 of the child. } If a support enforcement agency seeks to rebut the presumption of parentage and the presumptive parent opposes the rebuttal, the agency's request shall be denied. Otherwise, the denial of the agency's motion seeking an order for genetic testing or a decision to disregard genetic test results shall be based on a preponderance of the evidence, taking into account the best interests of the child.

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

Spoke to the bill: Ms. Liesa Stockdale, Director, Office of Recovery Services

Spoke against the bill: Mr. William Duncan, Director, Sutherland Institute

Mr. Jonathan Man, Intern, United Families of Utah

Ms. Dani Hartvigson

MOTION: Sen. Davis moved to pass the bill out favorably. The motion passed with Sen. Madsen voting in opposition and Sen. Thatcher and Sen. Urquhart absent for the vote.

H.B. 260 Sexual Exploitation of a Minor Amendments (Rep. F. Gibson)

Sen. Weiler explained the bill to the committee.

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

S.B. 206 Cohabitant Abuse Procedures Act Revisions (Sen. L. Hillyard)

This bill was not considered.

H.B. 114 Controlled Substance Reporting (Rep. R. Ward)

This bill was not considered.

MOTION: Sen. Weiler moved to adjourn. The motion passed unanimously with Sen. Davis, Sen. Hillyard, Sen. Thatcher and Sen. Urquhart absent for the vote.

Chair Madsen adjourned the meeting 9:50 a.m.

________________________

Sen. Mark B. Madsen, Chair