MINUTES OF THE

HOUSE LAW ENFORCEMENT AND CRIMINAL JUSTICE

STANDING COMMITTEE

Tuesday, February 14, 2017 • 8:00 a.m. • 30 House Building


Members Present:

Rep. Lee B. Perry, Chair

Rep. Edward H. Redd, Vice Chair

Rep. Rebecca P. Edwards

Rep. Steve Eliason

Rep. Adam Gardiner

Rep. Sandra Hollins

Rep. Kelly B. Miles

Rep. Paul Ray

Rep. Angela Romero

Rep. Elizabeth Weight

Rep. Mike Winder


Members Absent:

Rep. Eric K. Hutchings


Staff Present:

Mr. Gregg A. Girvan, Policy Analyst

Karen C. Allred, Committee Secretary


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 Redd called the meeting to order at 8:15 a.m.

 

MOTION:     Rep. Miles moved to approve the minutes of the February 8, 2017, meeting. The motion passed with a vote of 6-0-6.

Yeas:

Nays:

Absent:

Rep. Hollins

Rep. Miles

Rep. Perry

Rep. Ray

Rep. Redd

Rep. Winder

 

Rep. Edwards

Rep. Eliason

Rep. Gardiner

Rep. Hutchings

Rep. Romero

Rep. Weight



1. H.B. 208 Jail Release Orders Amendments (Ivory, K.)


Rep. Ken Ivory presented the bill with the assistance of Deputy Ryan Rasmussen, Davis County Sherriff's Department.


Ms. Heather Wolsey, resident, spoke in favor of the bill.


Chief Tom Ross, Bountiful City Police, Utah Chiefs of Police Association and the Sheriff's Association, spoke in favor of the bill.


Mr. Scott Campbell, Owner, Strider's Security LLC, spoke in favor of the bill.

 

MOTION:     Rep. Ray moved to pass H.B. 208 out favorably. The motion passed with a vote of 9-0-3.

Yeas:

Nays:

Absent:

Rep. Edwards

Rep. Eliason

Rep. Gardiner

Rep. Hollins

Rep. Miles

Rep. Perry

Rep. Ray

Rep. Redd

Rep. Winder

 

Rep. Hutchings

Rep. Romero

Rep. Weight



2. H.B. 0237 Firearms and Domestic Violence Modifications (Perry, L.)


Rep. Perry presented the bill with the assistance of Mr. Jeremy Roberts, Buckshot Caucus.


Ms. Heather Wolsey, resident, spoke in favor of the bill.


Ms. Ann Bagley, Volunteer, Utah Chapter of Mom's Demand Action for Gun Sense in America, spoke in opposition to the bill.


Mr. Clark Aposhian, Chair, Utah Shooting Sports Council, spoke in favor of the bill.


Mr. Edwin Rutan, Gun Violance Prevention Center, spoke in opposition to the bill.


Chief Tom Ross, Bountiful City Police, Utah Chiefs of Police Association, spoke to the bill.

 

MOTION:     Rep. Ray moved to amend H.B. 237 with the following amendment:          

1.    Page 6, Lines 180 through 182:      

 

180 (B) the person is convicted of the domestic violence offense described in this

181Subsection (2) within five years after the person is convicted of a qualifying domestic violence

182offense;

{

  or  

}

 

2.    Page 7, Lines 183 through 185:      

 

183 (C) the domestic violence was committed while the perpetrator was

{

  in possession of  

}

  : 

       

 carrying  
a

184firearm or dangerous weapon; or

  

       

 (D) a conviction for the domestic violence will subject the defendant to the prohibitions of 18 U.S.C. Sec. 922(g); or  

185 (c) guilty of a felony of the third degree if:

 

3.    Page 7, Lines 207 through 211:      

 

207 (ii) certify compliance with Subsection (2)(b)(i) by affidavit filed in the court within 72

208hours of the imposition of the court's order; and

209 (c)

  if a conviction in the case will subject the defendant to the prohibitions of 18 U.S.C. Sec. 922(g),  
notifying the perpetrator that the perpetrator is subject to 18 U.S.C. Sec. 922(g) and

210may not:

211 (i) lawfully ship or transport in interstate or foreign commerce, or possess in or

 

4.    Page 8, Lines 224 through 235:      

 

224 (d) prohibiting the perpetrator from possessing or consuming alcohol or controlled

225substances;

226 

{

  (e) prohibiting the perpetrator from purchasing, using, or possessing a firearm or other

227specified weapon;

228 (f) directing the perpetrator to surrender any weapons the perpetrator owns or

229possesses;

230  (g)  

}

  (e)  
directing the perpetrator to participate in and complete, to the satisfaction of the

231court, a program of intervention for perpetrators, treatment for alcohol or substance abuse, or

232psychiatric or psychological treatment;

233 

{

  (h)  

}

  (f)  
directing the perpetrator to pay restitution to the victim; and

234 

{

  (i)  

}

  (g)  
imposing any other condition necessary to protect the victim and any other

235designated family or household member or to rehabilitate the perpetrator.

 

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

Yeas:

Nays:

Absent:

Rep. Edwards

Rep. Eliason

Rep. Gardiner

Rep. Hollins

Rep. Miles

Rep. Perry

Rep. Ray

Rep. Redd

Rep. Weight

Rep. Winder

 

Rep. Hutchings

Rep. Romero

 

MOTION:     Rep. Ray moved to pass H.B. 237 out favorably. The motion failed with a vote of 5-5-2.

Yeas:

Nays:

Absent:

Rep. Eliason

Rep. Gardiner

Rep. Perry

Rep. Ray

Rep. Winder

Rep. Edwards

Rep. Hollins

Rep. Miles

Rep. Redd

Rep. Weight

Rep. Hutchings

Rep. Romero

 

 

3. S.B. 31 Protection of Law Enforcement Officers' Personal Information (Ipson, D.)

 

Rep. Ray presented the bill with the assistance of Chief Tom Ross, Bountiful City Police, Utah Chiefs of Police Association.

 

Mr. Ronald Mortensen, resident, spoke to the bill.

 

Ms. Renee Cowley, Google and the Utah Media Coalition, spoke in favor of the bill.

 

Steve Harting, Salt Lake City Police Department, spoke in favor of the bill.

 

 

MOTION:     Rep. Perry moved to replace S.B. 31 with 1st Substitute S.B. 31. The motion passed with a vote of 9-0-3.

Yeas:

Nays:

Absent:

Rep. Edwards

Rep. Hollins

Rep. Miles

Rep. Perry

Rep. Ray

Rep. Redd

Rep. Romero

Rep. Weight

Rep. Winder

 

Rep. Eliason

Rep. Gardiner

Rep. Hutchings

 

MOTION:     Rep. Perry moved to amend 1st Substitute S.B. 31 with the following amendment:

1.    Page 5, Lines 131 through 133:      

 

131 (6) An interactive computer service or access software is not liable under Subsections

132(3)(d)(i) and (5) for information or content provided by another information content provider

{

  of

133the service or software  

}

.

 

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

Yeas:

Nays:

Absent:

Rep. Edwards

Rep. Gardiner

Rep. Hollins

Rep. Miles

Rep. Perry

Rep. Ray

Rep. Redd

Rep. Romero

Rep. Weight

Rep. Winder

 

Rep. Eliason

Rep. Hutchings

 

 

MOTION:     Rep. Miles moved to pass 1st Substitute S.B. 31 out favorably. The motion passed with a vote of 10-0-2.

Yeas:

Nays:

Absent:

Rep. Edwards

Rep. Gardiner

Rep. Hollins

Rep. Miles

Rep. Perry

Rep. Ray

Rep. Redd

Rep. Romero

Rep. Weight

Rep. Winder

 

Rep. Eliason

Rep. Hutchings

 

 

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

Yeas:

Nays:

Absent:

Rep. Edwards

Rep. Gardiner

Rep. Hollins

Rep. Miles

Rep. Perry

Rep. Ray

Rep. Redd

Rep. Romero

Rep. Weight

Rep. Winder

 

Rep. Eliason

Rep. Hutchings

 

 

Chair Redd adjourned the meeting at 9:51 a.m.

 

 

 

 

__________________________________________

Rep. Lee B. Perry, Chair