MINUTES OF THE

SENATE JUDICIARY, LAW ENFORCEMENT, AND CRIMINAL JUSTICE

STANDING COMMITTEE

Wednesday, February 1, 2017 • 2:00 p.m. • 250 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.

Chair Weiler called the meeting to order at 2:05 p.m.

MOTION:     Sen. Hillyard moved to approve the minutes of the January 30, 2017 meeting. The motion passed 4-0-3.

1. S.B. 121 Adoption Act Amendments (Hillyard, L.)

MOTION:     Sen. Davis moved to amend S.B. 121 with Amendment #2 as follows:

1.    Page 8, Lines 216 through 218:      216 Section 78B-6-131.

217      (6) (a)

218practice under the laws of:

The motion passed with a vote of 4-0-3.

Sen. Hillyard explained the bill.

MOTION:     Sen. Hillyard moved to pass S.B. 121 out favorably. The motion passed with a vote of 4-0-3.

MOTION:     Sen. Hillyard moved to place S.B. 121 on the Consent Calendar. The motion passed with a vote of 4-0-3.

2. S.B. 89 Adoption Agency Amendments (Escamilla (Robles), L.)

MOTION:     Sen. Davis moved to replace S.B. 89 with 1st Substitute S.B. 89. The motion passed with a vote of 4-0-3.

Sen. Escamilla presented the bill with the assistance of Mr. Ray Johnson, adoptive father.

MOTION:     Sen. Davis moved to amend 1st Substitute S.B. 89 with Amendment #1 as follows:

1.    Page 21, Line 633:     

633 (vi)

The motion passed with a vote of 3-0-4.

MOTION:     Sen. Davis moved to pass 1st Substitute S.B. 89 out favorably. The motion passed with a vote of 3-0-4.

Sen. Thatcher assumed the chair.

3. S.B. 134 Indigent Defense Commission Amendments (Weiler, T.)

MOTION:     Sen. Weiler moved to amend S.B. 134 with Amendment #1 as follows:

1.    Page 4, Lines 91 through 92:   

91   (5) A person who is currently employed

92serve as a member of the commission .

2.    Page 5, Lines 131 through 136:      

131 (a) one individual who is an active member of the Utah State Bar to serve as a full-time

132assistant director;

133 (b) one individual with data collection and analysis skills to carry out duties as outlined

134in Subsection 77-32-804(1)(a)

135 

136carry out its responsibilities.  

3.    Page 6, Lines 157 through 1:   61

157 [(v)] (v) Counsel shall be free to provide meaningful

158evidence  

159 (A) adequate access to defense resources; and

160 (B) workloads that allow for time to meet with clients, investigate cases, and file

161appropriate motions.

4.    Page 11, Lines 334 through 336:    

334 (2) (a) For purposes of this part, "baseline budget" means an indigent [criminal]

335defense system's

336inflation.  

 The motion passed with a vote of 3-0-4.

Sen. Todd Weiler presented the bill with the assistance of Joanna Landau, Director, Indigent Defense Commission.

Mr. Jared Eldridge, Juab County Attorney, spoke in favor of the bill.

Mr. Rick Schwermer, Assistant Administrator, Utah State Office of the Courts, spoke in favor of the bill.

MOTION:     Chair Weiler moved to pass S.B. 134 out favorably. The motion passed with a vote of 4-0-3.

4. S.J.R. 7 Joint Resolution Amending Rules of Criminal Procedure (Weiler, T.)

Sen. Todd Weiler explained the bill.

MOTION:     Chair Weiler moved to replace S.J.R. 7 with 1st Substitute S.J.R. 7. The motion passed with a vote of 4-0-3.

Mr. Steve Burton, Committee Chair, Utah Association of Criminal Defense Attorneys, spoke in favor of the bill.

Mr. Sean Hollinger, Criminal Defense Attorney, spoke in favor of the bill.

Mr. Paul Boyden, Executive Driector, Statewide Association of Presecutors, spoke in opposition to the bill.

Mr. Rick Schwermer, Assistant Administrator, Utah State Office of the Courts, spoke in opposition to the bill.

MOTION:     Chair Weiler moved to amend 1st Substitute S.J.R. 7 with Amendment #1 as follows:

1.    Page 4, Lines 91 through 97:   

91   (i) (3) In addition to the penalties under Subsection (h), a court may impose the

92following sanctions for a knowing and willful violation of Subsection (b):

93   (i) (3) (A) a public reprimand of the prosecutor;

94   (i) (3) (B) money damages to be paid by the prosecutor, and not the office for which

95the prosecutor works;

96   (i) (3) (C) jail time under an order of contempt of court

97   

The motion passed with a vote of 3-0-4.

MOTION:     Chair Weiler moved to pass 1st Substitute S.J.R. 7 out favorably. The motion passed with a vote of 2-1-4.

Chair Weiler resumed the chair.

5. S.B. 118 Criminal Law Amendments (Thatcher, D.)

Sen. Todd Weiler presented the bill with the assistance of Mr. Brian Redd, Director, Bureau of Investigation, Department of Public Safety.

MOTION:     Sen. Hillyard moved to pass S.B. 118 out favorably. The motion passed with a vote of 4-0-3.

MOTION:     Sen. Hillyard moved to adjourn. The motion passed with a vote of 4-0-3.

Chair Weiler adjourned the meeting at 3:49 p.m.

_________________________________

Sen. Todd Weiler, Chair