MINUTES OF THE

SENATE JUDICIARY, LAW ENFORCEMENT, AND CRIMINAL JUSTICE

STANDING COMMITTEE

Thursday, February 23, 2017 • 8:00 a.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 Thatcher called the meeting to order at 8:15 a.m.

MOTION:     Sen. Hillyard moved to approve the minutes of the February 21, 2017 meeting. The motion passed with a vote of 2-0-5.

1. H.B. 21 Uniform Powers of Appointment Act (Snow, V. L.)

Rep. Snow presented the bill with the assistance of Steven Dixon, Legislative Committee, Utah State Bar.

Sen. Weiler resumed the chair.

MOTION:     Sen. Hillyard moved to pass H.B. 21 out favorably. The motion passed with a vote of 3-0-4.

2. H.B. 191 Judicial Performance Evaluation Commission Amendments (Snow, V. L.)

Rep. Snow presented the bill with the assistance of Ms. Jennifer Yim, Executive Director, Judicial Performance Evaluation Commission.

MOTION:     Sen. Hillyard moved to pass H.B. 191 out favorably. The motion passed with a vote of 3-0-4.

3. H.B. 129 Adult Protective Services Amendments (Edwards, R.)

Rep. Edwards presented the bill with the assistance of Ms. Nan Mendenhall, Director, Adult Protective Services.

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

MOTION:     Sen. Hillyard moved to pass H.B. 129 out favorably. The motion passed with a vote of 3-0-4.

4. H.B. 202 Trespass Amendments (Greene, B.)

Rep. Greene explained the bill.

Mr. Tom Ross, Bountiful Police Chief, President, Utah Chiefs of Police Association, spoke against the bill.

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

MOTION:     Sen. Thatcher moved to pass H.B. 202 out favorably. The motion passed with a vote of 2-1-4.

5. 1st Sub. H.B. 139 Criminal Intent Amendments (Stratton, K.)

Rep. Stratton explained the bill.

Sen. Thatcher assumed the chair.

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

Sen. Weiler resumed the chair.

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

MOTION:     Sen. Hillyard moved to amend 1st Substitute H.B. 139 with Amendment #1 as follows:

1.    Page 2, Line 29:  

29   (2) Voluntary intoxication is not a defense to

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

MOTION:     Sen. Hillyard moved to pass 1st Substitute H.B. 139 out favorably. The motion passed with a vote of 4-0-3.

6. S.B. 175 Uniform Unclaimed Property Act (Hillyard, L.)

Sen. Hillyard presented the bill with the assistance of David Damschen, State Treasurer.

MOTION:     Sen. Hillyard moved to replace S.B. 175 with 1st Substitute S.B. 175. The motion passed with a vote of 4-0-3.

Mr. Ted Lewis, General Counsel, American Council of Life Insurance, spoke in opposition to the bill.

Mr. Todd Kiser, Commissioner, Utah Insurance Department, spoke in favor of the bill.

MOTION:     Sen. Hillyard moved to pass 1st Substitute S.B. 175 out favorably. The motion passed with a vote of 4-0-3.

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

Chair Weiler adjourned the meeting at 9:53 a.m.

______________________

Sen. Todd Weiler, Chair