MINUTES OF THE

SENATE JUDICIARY, LAW ENFORCEMENT, AND CRIMINAL JUSTICE

STANDING COMMITTEE

Monday, February 27, 2017 • 4:10 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 4:13 p.m.

MOTION:     Sen. Hillyard moved to approve the minutes of the February 23, 2017 meeting. The motion passed with a vote of 3-0-4.

1. S.B. 266 Division of Child and Family Services Appeals (Henderson, D.)

Sen. Deidre M. Henderson presented the bill with the assistance of Holly Richardson.

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

MOTION:     Sen. Escamilla moved to pass S.B. 266 out favorably. The motion passed with a vote of 4-0-3.

2. S.B. 251 Local Government Criminal Penalty Amendments (Thatcher, D.)

MOTION:     Sen. Thatcher moved to amend S.B. 251 with Amendment #1 as follows:

1.    Page 2, Lines 35 through 37:   

35   (3) A municipal officer or official who is not a law enforcement officer in accordance

36with Section 53-13-103 may

37infraction  

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

Sen. Thatcher explained the bill.

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

MOTION:     Sen. Thatcher moved to pass S.B. 251 out favorably. The motion passed with a vote of 5-0-2.

3. H.B. 200 Sexual Assault Kit Processing Amendments (Romero, A.)

Rep. Romero presented the bill with the assistance of Jay Henry, Director, Department of Public Safety Crime Lab.

Mr. David Spadelford, Lobbyist, Utah Chiefs of Police Association, spoke in favor of the bill.

MOTION:     Sen. Escamilla moved to pass H.B. 200 out favorably. The motion passed with a vote of 4-0-3.

4. H.B. 93 Judicial Nominating Process Amendments (Nelson, M.)

Sen. Davis assumed the chair.

Rep. Nelson explained the bill.

Sen. Weiler resumed the chair.

MOTION:     Sen. Hillyard moved to amend H.B. 93 with Amendment #2 as follows:

1.    Page 2, Lines 51 through 54:   

            House Floor Amendments

            2-15-2017

51   (2)

52commissions shall determine by a majority vote of the commissioners present which of the

53applicants best possess the Ĥ➔ [ability, temperament, training, and experience] legal knowledge

53aand ability, judicial temperament, training, professional experience, integrity, impartiality,

53bwork ethic, financial responsibility, public service, and ability to perform the work of a

53cjudge,Ĥ that qualifies them

54for the office.

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

Mr. Rob Rice, President, Utah State Bar, spoke against the bill.

Ms. Jacey Skinner, General Counsel, Governor Herbert, spoke to the bill.

MOTION:     Sen. Hillyard moved to pass H.B. 93 out favorably. The motion failed with a vote of 2-3-2.

MOTION:     Sen. Davis moved to table H.B. 93.

SUBSTITUTE MOTION:   Sen. Thatcher moved to adjourn. The motion passed with a vote of 3-1-3.

Chair Weiler adjourned the meeting at 5:51 p.m.

______________________

Sen. Todd Weiler, Chair