MINUTES OF THE

HOUSE LAW ENFORCEMENT AND CRIMINAL JUSTICE

STANDING COMMITTEE

Friday, February 17, 2017 • 4:10 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 4:23 p.m.

MOTION:     Rep. Winder moved to approve the minutes of the February 16, 2017, meeting. The motion passed with a vote of 9-0-3.

1. H.B. 259 Duty to Retreat Amendments (Maloy, A.C.)

Rep. A. Cory Maloy presented the bill with the assistance of Mr. Mitch Vilos, Attorney and Author of "Self-Defense Laws of All 50 States."

Mr Paul Boyden, Executive Director, Statewide Association of Prosecutors, spoke to the bill.

Mr. Moroni Benally, Co-founder, Utah League of Native American Voters, spoke in opposition to the bill.

Mr. Curt Oda, former representative, spoke in favor of the bill.

Mr. David Spatafore, Utah Chiefs of Police Association, spoke in opposition to the bill.

Mr. Connor Boyack, President, Libertas Institute, spoke in favor of the bill.

MOTION:     Rep. Gardiner moved to replace H.B. 259 with 1st Substitute H.B. 259. The motion passed with a vote of 10-0-2.

MOTION:     Rep. Winder moved to amend 1st Substitute H.B. 259 as follows:

1.    Page 1, Lines 11 through 15:   

11   This bill:

12   ►      provides that a person is not required to retreat from an aggressor even if there is a

13safe place to retreat to; and

14   ►      

15an aggressor acted reasonably

2.    Page 2, Line 51 through Page 3, Line 57:     

51   (3) Except as provided in Subsection (2)(a)(iii):

* * * Some lines not shown * * *

55   (b) the failure to retreat

56consider failure to retreat regarding  

57of self-defense.

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

MOTION:     Rep. Miles moved to pass 1st Substitute H.B. 259 out favorably. The motion passed with a vote of 6-4-2.

2. H.B. 270 Inmate Housing Amendments (Peterson, J.)

Rep. Jeremy A. Peterson presented the bill.

Mr. Mike Haddon, Deputy Director, Utah Department of Corrections, spoke in opposition to the bill.

MOTION:     Rep. Redd moved to hold H.B. 270. The motion passed with a vote of 10-0-2.

3. H.B. 274 Human Trafficking Modifications (Romero, A.)

Rep. Romero presented the bill with the assistance of Daniel Strong, Utah Attorney General's Office.

Rep. Redd assumed the chair.

MOTION:     Rep. Winder moved to replace H.B. 274 with 2nd Substitute H.B. 274. The motion passed with a vote of 10-0-2.

MOTION:     Rep. Miles moved to amend 2nd Substitute H.B. 274 as follows:

1.    Page 8, Lines 213 through 220:      

213 (4) Unless otherwise provided by law or ordered by a court of competent jurisdiction to

214respond differently, a person who has received a vacatur of conviction under

21578B-9-104(9)(l)  

216 (5) The bureau shall forward a copy of the order for vacatur to the Federal Bureau of

217Investigation.

218 (6) An agency receiving an order for vacatur shall

219information contained in records in the agency's possession relating to the incident for which

220vacatur is ordered.

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

MOTION:     Rep. Miles moved to pass 2nd Substitute H.B. 274 out favorably. The motion passed with a vote of 10-0-2.

Rep. Perry resumed the chair.

4. 1st Sub. H.B. 123 Juvenile Offenses Amendments (Roberts, M.)

Rep. Marc K. Roberts presented the bill with the assistance of Jennifer Valencia, Director, Utah Sentencing Commission.

Mr. Kirk Bengtzen, resident, spoke in favor of the bill.

Mr. Will Carlson, Statewide Association of Prosecutors, spoke in opposition to the bill.

Ms. Pam Vickrey, Vice Chair, Utah Sentencing Commission, spoke in favor of the bill.

Mr. Gary Scheller, Utah Council on Victims of Crime, spoke to the bill.

MOTION:     Rep. Redd moved to replace 1st Substitute H.B. 123 with 2nd Substitute H.B. 123. The motion passed with a vote of 10-0-2.

MOTION:     Rep. Redd moved to pass 2nd Substitute H.B. 123 out favorably. The motion passed with a vote of 7-3-2.

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

Chair Perry adjourned the meeting at 6:37 p.m.

______________________________________

Rep. Lee B. Perry, Chair