MINUTES OF THE

HOUSE LAW ENFORCEMENT AND CRIMINAL JUSTICE

STANDING COMMITTEE

Tuesday, January 31, 2017 • 2:00 pm • 450 State Capitol

Note: A list of others present, a copy of related materials, and an audio recording of the meeting can be found at le.utah.gov.

Vice Chair Redd called the meeting to order at 2:08 p.m.

1. H.B. 161 Pedestrian Safety Amendments (Eliason, S.)

Rep. Eliason explained the bill.

Ms. Marina Lowe, Legislative and Policy Counsel, American Civil Liberties Union of Utah, spoke to the bill.

MOTION:     Rep. Miles moved to pass H.B. 161 out favorably. The motion passed with a vote of 10-0-2. 

2. S.B. 12 Expungement Amendments (Thatcher, D.)

Sen. Daniel W. Thatcher explained the bill with the assistance of Ms. Jennifer Valencia, Director, Utah Sentencing Commission.

Mr. Will Carlson, Statewide Association of Prosecutors, spoke in favor of the bill.

MOTION:     Rep. Perry moved to replace S.B. 12 with 1st Substitute S.B. 12. The motion passed with a vote of 9-0-3.

MOTION:     Rep. Hutchings moved to amend 1st Substitute S.B. 12 with Amendment #2 as follows:

1.    Page 13, Line 395 through Page 14, Line 400:    

395 [Any person who willfully violates any prohibition in this chapter] An employee or

396agent of an agency that is prohibited from disseminating information from expunged or

397pardoned records under Section

398discloses identifying information from the expunged or pardoned record that has been pardoned

399or expunged, unless allowed by law, is guilty of a class A misdemeanor [unless the prohibition

400specifically indicates a different penalty].

The motion passed with a vote of 9-0-3.

MOTION:     Rep. Perry moved to pass 1st Substitute S.B. 12 out favorably as amended. The motion passed with a vote of 9-0-3.

3. H.J.R. 11 Joint Resolution Calling for Reform of the International Traffic in Arms Regulations (Lisonbee, K.)

Rep. Karianne Lisonbee presented the resolution with the assistance of Mr. Curt Oda, former Utah Legislator, and Mr. Clark Aposhian, Chairman, Utah Shooting Sports Council.

Mr. James Alder, National Firearms Act Freedom Alliance, spoke in favor of the bill.

MOTION:     Rep. Perry moved to pass H.J.R. 11 out favorably. The motion passed with a vote of 5-3-4.

4. H.B. 174 Firearm Records Protection Amendments (Potter, V.)

Rep. Val K. Potter explained the bill with the assistance of Mr. Clark Aposhian, Chairman, Utah Shooting Sports Council, and Mr. Curt Oda, former Utah Legislator.

Mr. James Alder, National Firearms Act Freedom Alliance, spoke in favor of the bill.

MOTION:     Rep. Gardiner moved to amend H.B. 174 with Amendment #1 as follows:

1.    Page 2, Lines 35 through 38:   

35   (b) "Chief law enforcement officer" means any official

36Tobacco, Firearms and Explosives, or any successor agency,

37regulation or otherwise as eligible to provide any required certification for the making or

38transfer of a firearm.

2.    Page 3, Line 65:  

65   (6) A chief law enforcement officer

3.    Page 3, Line 68:  

68which the chief law enforcement officer

the certification or notification.

The motion passed with a vote of 8-1-3.

MOTION:     Rep. Winder moved to pass H.B. 174 out favorably as amended. The motion passed with a vote of 8-1-3.

5. H.B. 184 Contraband Device Destruction (Fawson, J.)

Rep. Justin L. Fawson explained the bill with the assistance of Ms. Jessica Farnsworth, Commander, Internet Crimes Against Children Task Force, Utah Attorney General's Office, and Ms. Shelly Coudreau, Section Director, Internet Crimes Against Children Task Force, Utah Attorney General's Office.

MOTION:     Rep. Romero moved to pass H.B. 184 out favorably. The motion passed with a vote of 9-0-3.

MOTION:     Rep. Gardiner moved to adjourn. The motion passed with a vote of 9-0-3.

Vice Chair Redd adjourned the meeting at 3:38 p.m.

                                                            ___________________________________________

                                                            Rep. Lee B. Perry, Chair