MINUTES OF THE

HOUSE JUDICIARY

STANDING COMMITTEE

Wednesday, February 1, 2017 • 4:00 pm • 20 House Building

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.

Chair McKell called the meeting to order at 4:10 p.m.

1. H.B. 191 Judicial Performance Evaluation Commission Amendments (Snow, V. L.)

Rep. V. Lowry Snow presented the bill with the assistance of Jennifer Yim.

MOTION:     Rep. Snow moved to amend H.B. 191 with Amendment #1. The motion passed with a vote of 11-0-1.

Voting in the affirmative were:

McKell M, Snow V L, Coleman K, Cutler B R, Ivory K, King Brian S, Lisonbee K, Pitcher D, Pulsipher S, Quinn T, Wheatley M

Absent or not voting was:

Greene B

1.    Page 4, Lines 109 through 111:      

109 (e) The commission shall

110information pamphlet,

111commission considers appropriate and within budgetary constraints.

MOTION:     Rep. King moved to report a favorable recommendation on H.B. 191,as amended. The motion passed with a vote of 11-0-1.

Voting in the affirmative were:

McKell M, Snow V L, Coleman K, Cutler B R, Ivory K, King Brian S, Lisonbee K, Pitcher D, Pulsipher S, Quinn T, Wheatley M

Absent or not voting was:

Greene B

2. H.B. 144 Administrative Law Judge Qualifications (Hall, C.)

Rep. Craig Hall presented the bill.

Kathy Bounous, Department of Workforce Services, spoke against the bill.

3. H.B. 139 Criminal Intent Amendments (Stratton, K.)

Rep. Keven J. Stratton presented the bill.

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

Steve Burton, Utah Association of Criminal Defense Lawyers, spoke against the bill.

Tom Ross with Bountiful Police, representing the Utah Chiefs of Police Association, spoke in favor of the bill.

Kyle Overt spoke to the bill.

MOTION:     Rep. Pitcher moved to report a favorable recommendation on H.B. 139. The motion passed with a vote of 8-4-0.

Voting in the affirmative were:

McKell M, Snow V L, Coleman K, Ivory K, Lisonbee K, Pitcher D, Pulsipher S, Quinn T

Voting in the negative were:

Cutler B R, Greene B, King Brian S, Wheatley M

4. H.B. 99 Bigamy Offense Amendments (Noel, M.)

Rep. Michael Noel presented the bill.

Chair McKell placed under oath the following four witnesses: Parker Douglas, Lou Ann Cooper, Douglas White, and Scott Howell.

Under oath, Parker Douglas, Office of the Attorney General, spoke in favor of the bill.

Under oath, Scott Howell spoke in favor of the bill.

Under oath, Parker Douglas answered questions.

Under oath, Lou Ann Cooper spoke in favor of the bill.

Under oath, Doug White, attorney, spoke in favor of the bill.

Chair McKell placed under oath Michele Nielson.

Under oath, Michele Nielson spoke in favor of the bill.

Joe Darger spoke in opposition to the bill.

Shirley Draper spoke in opposition to the bill.

Drew B, attorney from Spanish Fork, spoke to the bill.

Jenn Oxboro, Executive Director, Domestic Violence Coalition, spoke in opposition to the bill.

Benjamin Shaeffer, attorney, spoke in opposition to the bill.

Jessica Christensen spoke in favor of the bill.

Veronica Baker spoke in opposition to the bill.

Enoch Foster spoke in opposition to the bill.

Lillian Foster spoke in opposition to the bill.

Ann Wilde spoke in opposition to the bill.

MOTION:     Rep. Greene moved to amend H.B. 99 with Amendment #2:

1.    Page 2, Lines 28 through 30:   

28   (2) Bigamy is a

29   (3) It [shall be] is a defense to bigamy that the accused reasonably believed [he] the

30accused and the other person were legally eligible to

       (a) inducing marriage under false pretenses;

       (b) fraud;

       (c) domestic abuse;

       (d) child abuse;

       (e) sexual abuse; or

       (f) human trafficking and human smuggling.

       (5) If a person is convicted of bigamy and fraud or sexual abuse under Subsection (4), the penalty for both offenses shall be enhanced by one degree.  

SUBSTITUTE MOTION:   Rep. Snow moved to hold H.B. 99. The motion passed with a vote of 12-0-0.

MOTION:     Rep. Wheatley moved to adjourn. The motion passed with a vote of 12-0-0.

Chair McKell adjourned the meeting at 8:34 p.m. 

___________________________________

Rep Michael K McKell, Chair