MINUTES OF THE

SENATE JUDICIARY, LAW ENFORCEMENT, AND CRIMINAL JUSTICE

STANDING COMMITTEE

Tuesday, February 21, 2017 • 4:00 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 4:16 p.m.

MOTION:     Sen. Hillyard moved to approve the minutes of the February 17, 2017 meeting. The motion passed with a vote of 2-0-5.

1. S.B. 225 Judgment Interest Rate Amendments (Bramble, C.)

MOTION:     Sen. Hillyard moved to amend S.B. 225 with Amendment #1 as follows:

1.    Page 2, Lines 42 through 44:   

42   (3) (a) Except as otherwise provided by law,

43judgments of the district court and justice court shall bear interest at the federal postjudgment

44interest rate as of January 1 of each year, plus 2%.

The motion passed with a vote of 2-0-5.

Sen. Bramble explained the bill.

MOTION:     Sen. Hillyard moved to pass S.B. 225 out favorably. The motion passed with a vote of 2-0-5.

2. S.B. 232 Cyber Exploitation Amendments (Bramble, C.)

Sen. Bramble presented the bill with the assistance of Ms. Analea Pattersen, Partner, Orrick's Public Policy Group

Ms. Shelley Coudault, Assistant Attorney General, spoke to the bill.

Ms. Jessica Farnsworth, Internet Crimes Against Children Task Force, Attorney General's Office, spoke in favor of the bill.

Mr. Will Carlson, Salt Lake County Attorney's Office, Statewide Association of Prosecutors, spoke in favor of the bill.

MOTION:     Sen. Hillyard moved to amend S.B. 232 with Amendment #1 as follows:

1.    Page 3, Lines 81 through 82:   

81separate criminal act if the individual commits the separate criminal act while the individual

82violates or attempts to violate this section.

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

MOTION:     Sen. Hillyard moved to pass S.B. 232 out favorably. The motion passed with a vote of 4-0-3.

3. S.B. 146 Constable Amendments (Fillmore, L.)

Sen. Fillmore explained the bill.

MOTION:     Sen. Thatcher moved to replace S.B. 146 with 1st Substitute S.B. 146. The motion passed with a vote of 5-0-2.

Mr. Steve Maese, Wasatch Constables, spoke in opposition to the bill.

Mr. John Sindt, Salt Lake Constables, spoke in opposition to the bill.

MOTION:     Sen. Thatcher moved to amend 1st Substitute S.B. 146 with Amendment #1 as follows:

1.    Page 1, Lines 11 through 13:   

11   This bill:

12   

13   ►      clarifies which local entities are authorized to appoint a constable;

2.    Page 1, Line 25 through Page 2, Line 30:     

25REPEALS AND REENACTS:

26   17-25a-1, as last amended by Laws of Utah 1993, Chapters 38 and 234

27

28   17-25-2, as renumbered and amended by Laws of Utah 2001, Chapter 46

29   17-25-3, as renumbered and amended by Laws of Utah 2001, Chapter 46

30   17-25a-4, as last amended by Laws of Utah 2001, Chapter 46  

3.    Page 2, Lines 41 through 43:   

41   (2) [Any] A constable may serve any process throughout the state.

42   

43service in an amount mutually agreed upon.  

4.    Page 3, Lines 79 through 86:   

79   (5) The legislative body of a county or city described in Subsection (1)(a) may

80withdraw a constable's appointment for cause, including if the constable's peace officer

81certification is suspended or revoked under Section 53-6-211.

82

83   This bill repeals:

84   Section 17-25-2, Fees for constables – Civil.

85   Section 17-25-3, Fees for constables – Criminal.

86   Section 17-25a-4, Rates recoverable – Exception.  

The motion passed with a vote of 3-2-2.

MOTION:     Sen. Thatcher moved to go to the next item on the agenda.

SUBSTITUTE MOTION:   Sen. Davis moved to go to the next item on the agenda with the provision that if the bill does not pass it will go to interim study. The motion passed with a vote of 4-1-2.

4. S.B. 237 Servicemembers Custody and Visitation Amendments (Hillyard, L.)

Sen. Hillyard presented the bill with the assistance of Mr. Brian Garrett, Chair, Salt Lake Military Affairs Committee and Col. Tyler Smith, Legislative Liaison, Utah National Guard.

Ms. Dani Hartsvigsen, Coalition for the Preservation of Family Values, spoke to the bill.

MOTION:     Sen. Hillyard moved to pass S.B. 237 out favorably. The motion passed with a vote of 5-0-2.

5. S.B. 235 Assault and Threat of Violence Amendments (Thatcher, D.)

Sen. Thatcher explained the bill.

Dr. Ellen Brady spoke in opposition to the bill.

Mr. Will Carlson, Salt Lake County Attorney's Office, Statewide Association of Prosecutors, spoke in favor of the bill.

MOTION:     Sen. Thatcher moved to pass S.B. 235 out favorably. The motion passed with a vote of 5-0-2.

Sen. Hillyard assumed the chair.

6. S.B. 239 Interfering with a Peace Officer (Weiler, T.)

MOTION:     Sen. Weiler moved to amend S.B. 239 with Amendment #1 as follows:

1.    Page 1, Line 24 through Page 2, Line 34:     

24   76-8-305. Interference with peace officer.

25   

26by the exercise of reasonable care should have [knowledge] known, that a peace officer is

27seeking to effect a lawful arrest or detention of that person or another person and interferes

28with the arrest or detention by:

29   

30   

31   

32   

33   

34performing any act that would impede the arrest or detention.

The motion passed with a vote of 5-0-2.

Sen. Weiler presented the bill with the assistance of Craig Kleinman, Deputy City Attorney, West Jordan City.

Ms. Marina Lowe, Legislative Council, American Civil Liberties Union of Utah, spoke in favor of the bill.

Mr. Tom Ross, Bountiful Police Chief, spoke in favor of the bill.

MOTION:     Sen. Weiler moved to pass S.B. 239 out favorably. The motion passed with a vote of 5-0-2.

7. S.B. 230 Solicitation Amendments (Weiler, T.)

Sen. Weiler presented the bill with the assistance of Mr. Jim Winder, Salt Lake County Sheriff.

Mr. Tom Ross, Bountiful Police Chief, spoke in favor of the bill.

MOTION:     Sen. Weiler moved to pass S.B. 230 out favorably. The motion passed with a vote of 5-0-2.

8. S.B. 226 Permanent Criminal Stalking Injunction Amendments (Weiler, T.)

Sen. Weiler explained the bill.

Mr. Stewart Ralphs, Legal Aid Society of Salt Lake, spoke in favor of the bill.

MOTION:     Sen. Weiler moved to pass S.B. 226 out favorably. The motion passed with a vote of 4-0-3.

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

Acting Chair Hillyard adjourned the meeting at 5:33 p.m.

_______________________

Sen. Todd Weiler, Chair