MINUTES OF THE

HOUSE LAW ENFORCEMENT AND CRIMINAL JUSTICE

STANDING COMMITTEE

Tuesday, February 7, 2017 • 3:40 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.

Chair Perry called the meeting to order at 3:56 p.m.

MOTION:     Rep. Winder moved to approve the minutes. The motion passed with a vote of 6-0-6.

1. H.B. 149 Child Abuse Offender Registry (Owens, D.)

Rep. Derrin Owens presented the bill with the assistance of Ms. JoAnn Otten, representing the family of Miley White.

Ms. JenaV Adams, representing the family of Miley White, spoke in favor of the bill.

MOTION:     Rep. Ray moved to replace H.B. 149 with 1st Substitute H.B. 149. The motion passed with a vote of 7-0-5.

MOTION:     Rep. Redd moved to pass 1st Substitute H.B. 149 out favorably. The motion passed with a vote of 8-0-4.

2. H.B. 124 Assault on a Peace Officer Amendments (Maloy, A.C.)

Rep. A. Cory Maloy presented the bill with the assistance of Mr. Steven Miese, Ogden City Constable's Office.

Mr. Tucker Marriott, Ogden Constable's Office spoke in favor of the bill.

Mr. Scott Stephenson, Director, Peace Officers Standards and Training, spoke in favor of the bill.

MOTION:     Rep. Miles moved to replace H.B. 124 with 2nd Substitute H.B. 124. The motion passed with a vote of 10-0-2.

MOTION:     Rep. Ray moved to pass 2nd Substitute H.B. 124 out favorably. The motion passed with a vote of 10-0-2.

3. H.B. 222 Criminal Offenses Modifications (Handy, S.)

Rep. Stephen Handy presented the bill with the assistance of Steve Burton, Utah Association of Criminal Defense Lawyers.

Mr. Wade Farraway, Attorney General's Office spoke in opposition to the bill.

Ms. Deondra Brown, President, Foundation for Survivors of Abuse, spoke in opposition to the bill.

Mr. Kyler Ovard, Defense Lawyer, Member Utah Association of Defense Lawyers spoke in favor of the bill.

Rep. Redd assumed the chair.

Ms. Teresa Warwick spoke in favor of the bill.

Gary Scheller, Director, Utah Office of Victim's of Crime spoke in opposition to the bill.

Julie Smith, Director, Domestic Rape Crisis in Ogden spoke in opposition to the bill.

Mr. Turner Bitten, Executive. Director, Utah Coalition Against Sexual Assault spoke in opposition to the bill.

Mr. Tom Barrington, Vice President, Southeast Chapter of Bikers Against Child Abuse spoke in opposition to the bill.

MOTION:     Rep. Romero moved to hold H.B. 222. The motion passed with a vote of 9-1-2.

4. S.B. 42 DUI Impound Fee Refund Amendments (Harper, W.)

Sen. Wayne Harper presented the bill.

MOTION:     Rep. Winder moved to pass S.B. 42 out favorably. The motion passed with a vote of 8-0-4.

5. H.B. 187 Costs for Aggravated Murder Offenses (Handy, S.)

Rep. Stephen Handy presented the bill.

Mr. Ron Gordon, Executive Director, Commission on Criminal and Juvenile Justice spoke in favor of the bill.

Mr. John Schaff, Legislative Auditor General spoke to the bill.

MOTION:     Rep. Ray moved to pass H.B. 187 out favorably.

SUBSTITUTE MOTION:   Rep. Eliason reserved the right to make a substitute motion.

Rep. Eliason withdrew the motion.

Rep. Ray's original motion to pass H.B. 187 out favorably passed with a vote of 8-2-2.

MOTION:     Rep. Winder moved to adjourn. The motion passed with a vote of 10-0-2.

Vice Chair Redd adjourned the meeting at 6:15 p.m.

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Rep. Lee B. Perry, Chair