MINUTES OF THE

HOUSE JUDICIARY

STANDING COMMITTEE

Friday, February 24, 2017 • 7:40 am • 20 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 Snow called the meeting to order at 7:47 a.m.

MOTION:     Rep. Quinn moved to approve the minutes of the February 16, 17, and 22, 2017, meetings.

The motion passed with a vote of 7-0-5.

1. H.B. 369 Sexual Offenses and Statutory Nonconsent Amendments (Fawson, J.)

Rep. Justin L. Fawson presented the bill.

Mr. Troy Williams, Equality Utah, spoke in opposition the bill.

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

MOTION:     Rep. Ivory moved to replace H.B. 369 with 1st Substitute H.B. 369.

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

MOTION:     Rep. Cutler moved to amend 1st Substitute H.B. 369 with Amendment #1.

1.    Page 1, Lines 10 through 21:   

10    This bill amends and enacts provisions related to sexual offenses without the consent of

11the victim when the actor is infected with

12Immunodeficiency Virus  

13Highlighted Provisions:

14   This bill:

15   ►       enacts provisions to enhance the classification of a sexual offense if the actor was

16infected with

17Virus  

18   ►      amends provisions related to sexual offenses without the consent of the victim; and

19   ►      enacts provisions criminalizing sexual conduct by a person infected with

20Immunodeficiency Virus or Acquired Immunodeficiency Virus  

21the other person of the infection .

2.    Page 2, Lines 35 through 40:   

35   76-3-203.12. Enhanced penalty for sexual offenses committed by a person with

36

37   (1) A person convicted of a sexual offense described in Chapter 5, Part 4, Sexual

38Offenses, is subject to an enhanced penalty if at the time of the sexual offense the person was

39infected with

40person knew of the infection.

3.    Page 4, Lines 106 through 107:      

106 (a) the actor knows that the actor is infected with

107or Acquired Immunodeficiency Virus  

The motion failed with a vote of 2-9-1.

MOTION:     Rep. Quinn moved to report a favorable recommendation on 1st Substitute H.B. 369. Later in the meeting, Rep. Quinn withdrew this motion.

MOTION:     Rep. Greene moved to amend 1st Substitute H.B. 369 with Amendment #2. Later in the meeting, Rep. Greene withdrew this motion.

1.    Page 2, Lines 46 through 54:   

46   76-5-406. Sexual offenses against the victim without consent of victim --

47Circumstances.

48   

49child, object rape, attempted object rape, object rape of a child, attempted object rape of a

50child, sodomy, attempted sodomy, forcible sodomy, attempted forcible sodomy, sodomy on a

51child, attempted sodomy on a child, forcible sexual abuse, attempted forcible sexual abuse,

52sexual abuse of a child, attempted sexual abuse of a child, aggravated sexual abuse of a child,

53attempted aggravated sexual abuse of a child, or simple sexual abuse] is without consent of the

54victim under any of the following circumstances:

MOTION:     Rep. Ivory moved to report a favorable recommendation on 1st Substitute H.B. 369.

SUBSTITUTE MOTION:   Rep. Lisonbee moved to amend 1st Substitute H.B. 369 with Amendment #3. Rep. Lisonbee later withdrew this motion.

1.    Page 2, Lines 46 through 54:   

46   76-5-406. Sexual offenses against the victim without consent of victim --

47Circumstances.

48   An act of sexual intercourse

49child, object rape, attempted object rape, object rape of a child, attempted object rape of a

50child, sodomy, attempted sodomy, forcible sodomy, attempted forcible sodomy, sodomy on a

51child, attempted sodomy on a child, forcible sexual abuse, attempted forcible sexual abuse,

52sexual abuse of a child, attempted sexual abuse of a child, aggravated sexual abuse of a child,

53attempted aggravated sexual abuse of a child, or simple sexual abuse] is without consent of the

54victim under any of the following circumstances:

Rep. Ivory's motion to report a favorable recommendation on 1st Substitute H.B. 369 passed with a vote of 9-2-1.

Chair McKell assumed the chair.

2. S.B. 70 Asset Forfeiture Transparency Amendments (Stephenson, H.)

Sen. Howard A. Stephenson presented the bill.

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

Mr. Brandon Smith, Utah League of Cities and Towns, spoke in opposition to the bill.

Mr. Mike Melendez, Libertas Institute, spoke in favor of the bill.

Ms. Brittney Nystrom spoke in favor of the bill.

MOTION:     Rep. King moved to report a favorable recommendation on S.B. 70.

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

3. H.B. 332 Criminal Procedure Revisions (Roberts, M.)

Rep. Marc K. Roberts presented the bill.

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

MOTION:     Rep. Pulsipher moved to amend H.B. 332 with Amendment #1.

1.    Page 2, Lines 39 through 42:   

39   (i) have a jury that is informed of:

40   (A) the potential sentence

41   (B) the jury's power to find a defendant not guilty when a guilty verdict would be

42manifestly unjust.

2.    Page 3, Lines 59 through 64:   

59   (2) The jury may find a general verdict which includes questions of law as well as fact

60

61   (3) The jury shall be informed of:

62   (a) the potential sentence

63   (b) the jury's power to find a defendant not guilty when a guilty verdict would be

64manifestly unjust.

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

MOTION:     Rep. Coleman moved to report a favorable recommendation on H.B. 332, as amended.

SUBSTITUTE MOTION:   Rep. Snow moved to hold H.B. 332.

The motion failed with a vote of 4-7-1.

Rep. Coleman's motion to report a favorable recommendation on H.B. 332, as amended, passed with a vote of 7-4-1.

4. H.B. 289 Grandparent Visitation Amendments (Christensen, L.)

Rep. LaVar Christensen presented the bill.

Mr. Bryant McConkie spoke in opposition to the bill.

Ms. Laurieann Thorpe, Board Chair, Foster Families of Utah, spoke in opposition to the bill.

Mr. Dan Deuel, National Parents Organization of Utah, spoke to the bill.

Ms. Sheila Stromberg spoke in opposition to the bill.

Ms. Julie Anderson spoke in favor of the bill.

Mr. Brent Platt, Division of Child and Family Services, spoke to the bill.

MOTION:     Rep. Lisonbee moved to adjourn.

The motion failed with a vote of 5-5-2.

MOTION:     Rep. Greene moved to report a favorable recommendation on H.B. 289.

The motion passed with a vote of 8-2-2.

MOTION:     Rep. Lisonbee moved to adjourn.

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

Chair McKell adjourned the meeting at 10:04 a.m.

_____________________________

Rep. Michael K. McKell, Chair