MINUTES OF THE

HOUSE LAW ENFORCEMENT AND CRIMINAL JUSTICE

STANDING COMMITTEE

Friday, February 3, 2017 • 2:00 p.m. • 30 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.

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

Vice Chair Redd announced that H.B. 205 and H.B. 220 will not be heard today.

MOTION:     Rep. Perry moved to approve the minutes of January 31, 2017. The motion passed with a vote of 9-0-3.

1. H.B. 200 Sexual Assault Kit Processing Amendments (Romero, A.)

Rep. Romero presented the bill with the assistance of Dr. Julie Valentine, Assistant Professor, BYU College of Nursing; Mr. Jay Henry, Laboratory Director, Utah Department of Public Safety Crime Laboratory; Ms. April Ensign, Sexual Assult Kit Initiative Site Coordinator, Utah Commission on Criminal and Juvenile Justice; and Chief Tom Ross, Bountiful City Police Chief representing the Utah Chiefs of Police Association.

Gary Sheller, Director, Office for Victims of Crime spoke in favor of the bill.

Ms. Judy Larsen, resident, spoke in favor of the bill.

Ms. Holly Mullen, resident, spoke in favor of the bill.

Ms. Allison Ainscough, resident, spoke in favor of the bill.

Mr. Turner Bitton, Executive Director, Utah Coalition Against Sexual Assult, spoke in favor of the bill.

Mr. Lorcan Murphy, resident, spoke in favor of the bill.

Ms. Kathryn Jones Porter, Representative of Utah Women Unite, spoke in favor of the bill.

MOTION:     Rep. Perry moved to amend H.B. 200 as follows:

1.    Page 3, Lines 74 through 77:   

74   (4) "Restricted kit" means a sexual assault kit:

75   (a) that is collected by a collecting facility; and

76   (b) for which

77assault to law enforcement, as provided in Subsection 76-5-606(1)(d).

2.    Page 3, Lines 78 through 80:   

78   (5) "Sexual assault kit" means a package of items that is used by medical personnel to

79gather and preserve biological and physical evidence following an allegation of sexual assault

80

The motion passed with a vote of 10-0-2.

MOTION:     Rep. Eliason moved to pass H.B. 200 out favorably. The motion passed with a vote of 10-0-2.

2. H.B. 176 Human Trafficking Amendments (Ray, P.)

Rep. Ray presented the bill.

Mr. Ralph Dellapiana, Chair, Capital Case Committee for the Utah Association of Criminal Defense Lawyers, spoke in opposition to the bill.

Anna Thomas, American Civil Liberties Union of Utah, spoke in opposition to the bill.

MOTION:     Rep. Winder moved to amend H.B. 176 as follows:

1.    Page 1, Line 26 through Page 2, Line 45:     

26   (1) Criminal homicide constitutes aggravated murder if the actor intentionally or

27knowingly causes the death of another under any of the following circumstances:

* * * Some lines not shown * * *

43   (iii)

44violation of Section 76-5-308.5, or aggravated human trafficking in violation of

4576-5-310  

The motion passed with a vote of 10-0-2.

MOTION:     Rep. Perry moved to amend H.B. 176 as follows:

1.    Page 4, Line 120 through Page 5, Line 132: 

120 (2) Criminal homicide constitutes aggravated murder if the actor, with reckless

121indifference to human life, causes the death of another incident to an act, scheme, course of

122conduct, or criminal episode during which the actor is a major participant in the commission or

123attempted commission of:

124 (a) child abuse, Subsection 76-5-109(2)(a);

125 (b) child kidnapping, Section 76-5-301.1;

126 

127  (d)  

128 

129 [(c)]

130 [(d)]

131 [(e)]

132 [(f)]

The motion passed with a vote of 10-0-2.

MOTION:     Rep. Perry moved to pass H.B. 176 out favorably. The motion passed with a vote of 6-5-1.

MOTION:     Rep. Perry moved to adjourn. The motion passed with a vote of 11-0-1.

Vice Chair Redd adjourned the meeting at 3:54 p.m.

______________________________________

Rep. Lee B. Perry, Chair