MINUTES OF THE

HOUSE LAW ENFORCEMENT AND CRIMINAL JUSTICE

STANDING COMMITTEE

Wednesday, February 22, 2017 • 8:00 a.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 8:10 a.m.

MOTION:     Rep. Gardiner moved to approve the minutes of the February 17, 2017 meeting.

The motion passed with a vote of 9-0-3.

1. H.B. 237 Firearms and Domestic Violence Modifications (Perry, L.)

Rep. Perry presented the bill.

MOTION:     Rep. Ray moved to amend H.B. 237 with Amendment #2 as follows:

1.    Page 7, Lines 183 through 185:      

183 (C) the domestic violence was committed while the perpetrator was in possession of a

184firearm or dangerous weapon

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

2.    Page 7, Lines 199 through 201:      

199 (2) The court [may] shall condition probation or a plea in abeyance on the perpetrator's

200compliance with one or more orders of the court, which

201order:

3.    Page 7, Lines 204 through 208:      

204 (b) requiring the perpetrator to:

205 (i) surrender or dispose of any

206perpetrator no longer has possession or control of a

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

The motion passed with a vote of 11-0-1.

MOTION:     Rep. Ray moved to pass H.B. 237 out favorably. The motion passed with a vote of 7-5-0.

2. H.B. 316 Crime Victim Notification Amendments (Hutchings, E.)

Rep. Hutchings presented the bill with the assistance of Mr. Gary Scheller, Chair, Utah Council on Victims of Crime.

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

MOTION:     Rep. Ray moved to amend H.B. 316 with Amendment #1 as follows:

1.    Page 3, Lines 84 through 87:   

84   (1) (a) Before the release from custody of a suspect from a county jail or other adult

85correctional facility in the state, an alleged victim

86appropriate notification system shall be provided reasonable notice of the suspect's pending

87release.

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

MOTION:     Rep. Romero moved to pass H.B. 316 out favorably. The motion passed with a vote of 10-0-2.

3. H.B. 330 Commission on Criminal and Juvenile Justice Membership Amendments (Hutchings, E.)

MOTION:     Rep. Hutchings moved to hold H.B. 330. The motion passed with a vote of 10-0-2.

4. H.B. 306 Public Safety Officer Privacy Amendments (McKell, M.)

Rep. Mike K. McKell presented the bill.

Mr. Jeff Hunt, Attorney representing Utah Media Coalition, spoke in opposition to the bill.

Ms. Marina Lowe, Legislative and Policy Counsel, American Civil Liberties Union of Utah, spoke in opposition to the bill.

Chief Wade Carpenter, Park City Police, past president Utah Chiefs of Police Association, spoke in favor of the bill.

MOTION:     Rep. Eliason moved to pass H.B. 306 out favorably.

SUBSTITUTE MOTION:   Rep. Ray moved to amend H.B. 306 with Amendment #1 as follows:

1.    Page 3, Lines 74 through 79:   

74   (6)

75employee conducting or participating in an official investigation of an officer-involved critical

76incident, or any person acting on behalf of a public official or public employee, until the

77official investigation is concluded.

78   (7) Notwithstanding Subsection (6), the name of an officer involved in an

79officer-involved critical incident shall be released not later than

The motion passed with a vote of 8-0-4.

MOTION:     Rep. Ray moved to pass H.B. 306 out favorably.

The motion passed with a vote of 5-3-4.

5. H.B. 354 Digital Piracy Amendments (Gardiner, A.)

Rep. Gardiner presented the bill with the assistance of Mr. Kevin Pepper, Statewide Enforcement of Crimes by Undocumented Residents Strike Force, Attorney General's Office.

MOTION:     Rep. Miles moved to pass H.B. 354 out favorably. The motion passed with a vote of 8-0-4.

MOTION:     Rep. Gardiner moved to adjourn.

The motion passed with a vote of 8-0-4.

Vice Chair Redd adjourned the meeting at 9:27 a.m.

_________________________________________

Rep. Lee B. Perry, Chair