MINUTES OF THE

HOUSE LAW ENFORCEMENT AND CRIMINAL JUSTICE

STANDING COMMITTEE

Friday, February 24, 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.

Chair Perry called the meeting to order 8:15 a.m.

1. H.B. 382 Deoxyribonucleic Acid Amendments (Eliason, S.)

Rep. Elison presented the bill with the assistance of Jay Henrie, Laboratory Director, Utah Department of Public Safety Crime Lab.

MOTION:     Rep. Miles moved to hold H.B. 382. The motion passed with a vote of 8-0-4.

MOTION:     Rep. Miles moved to approve the minutes from the February 22, 2017 meeting. The motion passed with a vote of 8-0-4.

2. H.B. 162 Driving Under the Influence Classification and Sentencing Revisions (Eliason, S.)

Rep. Eliason presented the bill with the assistance of Ryan Robinson, West Valley City Prosecutor; Ms. Kim Gibb, Vice Chair, Utah Substance Use and Mental Health DUI Committee and also representing the Utah Substance Use and Mental Health Advisory Council; and Art Brown, Mothers Against Drunk Driving.

Mr. Ryan Richards, Prosecutor, South Salt Lake City, spoke in favor of the bill.

MOTION:     Rep. Gardiner moved to replace H.B. 162 with 2nd Substitute H.B. 162. The motion passed with a vote of 11-0-1.

MOTION:     Rep. Miles moved to pass 2nd Substitute H.B. 162 out favorably. The motion passed with a vote of 11-0-1.

3. S.B. 188 Child Support Guidelines Advisory Committee Amendments (Hillyard, L.)

Sen. Lyle W. Hillyard presented the bill.

MOTION:     Rep. Winder moved to pass S.B. 188 out favorably. The motion passed with a vote of 10-0-2.

MOTION:     Rep. Redd moved to place S.B. 188 on the Consent Calendar. The motion passed with a vote of 10-0-2.

4. H.B. 325 Tobacco Sales Enforcement Amendments (Spendlove, R.)

Rep. Robert M. Spendlove presented the bill.

Rep. Redd assumed the chair.

Mr. Dave Davis, President, Utah Retail Merchants Association, spoke to the bill.

Mr. Marc Watterson, American Heart Association, spoke in favor of the bill.

MOTION:     Rep. Winder moved to pass H.B. 325 out favorably. The motion passed with a vote of 11-0-1.

Rep. Perry resumed the chair.

5. H.B. 379 Classification of Theft Amendments (King, B. S.)

Rep. Brian S. King presented the bill.

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

Ms. Jennifer Valencia, Director, Utah Sentencing Commission, spoke to the bill.

Mr. Randy Richards, Prosecutor, South Salt Lake City, spoke in favor of the bill.

MOTION:     Rep. Hutchings moved to pass H.B. 379 out favorably. The motion passed with a vote of 10-1-1.

6. H.B. 381 Law Enforcement Body Camera Footage Amendments (Ray, P.)

Rep. Redd assumed the chair.

Rep. Ray presented the bill.

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

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

Ms. Darcy Goddard, Salt Lake County Attorney's Office, spoke in favor of the bill.

Ms. Renae Cowley, Utah Media Coalition, spoke in favor of the bill.

Mr. Nick Jarvis, Utah League of Cities and Towns, spoke in favor of the bill.

MOTION:     Rep. Gardiner moved to amend H.B. 381 with Amendment #1 as follows:

1.    Page 1, Lines 13 through 22:   

13   This bill:

14   ►      provides that any release of recordings made by a body camera that is worn by a law

15enforcement officer shall be subject to the Government Records Access and

16Management Act;

17   ►      allows a requestor to immediately appeal to a district court any denial of access to a

18recording if that denial is based solely on the grounds of a pending criminal action

19and  

20   

21an appeal be assigned to the same judge who has jurisdiction over the pending

22criminal case related to the requested recordings.  

2.    Page 2, Lines 37 through 46:   

37   (2)

38official capacity as a law enforcement officer shall be subject to Title 63G, Chapter 2,

39Government Records Access and Management Act.

40   

41access to the recordings may immediately appeal to a district court, as provided in Section

4263G-2-404, any denial of access to a recording based solely on Subsection 63G-2-305(10)(b) or

43(c) due to a pending criminal action that has been filed in a court of competent jurisdiction.

44   

45business days after the appeal petition is served, request that the petition be assigned to the

46same judge, if applicable, as is assigned to the pending criminal action.  

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

MOTION:     Rep. Romero moved to pass H.B. 381 out favorably. The motion passed with a vote of 9-0-3.

MOTION:     Rep. Gardiner moved to adjourn. The motion passed with a vote of 9-0-3.

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

_____________________________________

Rep. Lee B. Perry, Chair