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Judiciary Interim Committee - May 15, 2019
20 House Building
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Recording 1
Chair Weiler called the meeting to order at 1:25 p.m.
The committee and staff introduced themselves.
Committee Business
Rep. Lisonbee moved to approve the October 17, 2018, and November 14, 2018, meeting minutes.
Open and Public Meetings Act -- 2019 Summary
Chair Weiler asked if committee members had any questions regarding the Open and Public Meetings Act.
Savely v. Utah Highway Patrol
Utah Supreme Court case -- Savely v. Utah Highway Patrol
Ms. Ann Taliaferro, Counsel for Appellant, briefed the committee on the Utah Supreme Court's decision.
Mr. Mark Burns, Counsel for Appellees, Office of the Utah Attorney General, addressed the committee regarding the timeline of the case.
Mr. Connor Boyack, Libertas Institute, provided information regarding state forfeiture and federal forfeiture.
Rep. Lisonbee moved to open a committee bill file addressing forfeiture.
What is "The Problem"?
Rep. Lawanna Shurtliff, study sponsor, discussed the nature and extent of the problem that prompted the study item, which is to study prohibiting a private entity from both assessing an individual to determine if substance use disorder treatment is necessary and also providing the substance use disorder treatment to the individual. She answered questions from the committee.
Ms. Julie Ann Mata, Advanced Licenses Substance Use Disorder Counselor, discussed her experience in providing an outpatient treatment program.
Rep. Marsha Judkins, study sponsor, discussed the nature and extent of the problem that prompted the study item, which is to study creating a prosecutor review board to investigate and report on complaints of prosecutor misconduct.
Sen. Todd Weiler, study sponsor, discussed the nature and extent of the problem that prompted the study item, which is to study the process for removing a nonviolent offender from the sex offender registry database. He answered questions from the committee.
Rep. Carol Spackman Moss, study sponsor, discussed the nature and extent of the problem that prompted the study item, which is to study modifying the circumstances under which a defendant may plead not guilty to a criminal offense by reason of insanity.
Mr. Neal Hamilton, Salt Lake Legal Defenders Association, addressed current Utah law regarding criminal responsibility.
Rep. Norman Thurston, study sponsor, discussed the nature and extent of the problem that prompted the study item, which is to study how to reduce abusive lawsuits regarding the federal Americans With Disabilities Act. He answered questions from the committee.
Rep. Karianne Lisonbee, study sponsor, discussed the nature and extent of the problem that prompted the study item, which is to study the appropriate criminal and civil penalties for a parent not paying child support.
Ms. Shelly Kudrow, Office of the Utah Attorney General, addressed probation time in criminal nonsupport cases and answered questions from the committee.
2019 Interim Study Items
Judiciary Interim Committee -- 2019 Study Topics
Judiciary Interim Committee -- 2019 Study Topics
Rep. Lisonbee moved to add 'asset forfeiture' to the interim study item list.
Rep. Brammer moved to adopt 2019 Study Topics, as amended.
Rep. Lisonbee moved to add a 'review of appellate decisions that call for legislative action' to the 2019 Study Topics and adopt the study topics, as amended.
Reports to the Judiciary Interim Committee
Reports to Judiciary Interim Committee
Chair Weiler reviewed the statutory reports that the committee is required to receive.
Rep. Lisonbee moved to adopt the chairs' recommendations for the reports.
Rep. Lisonbee moved to authorize the chairs to open bill files relating to any of the study items.
Lawsuits that Challenge the Constitutionality of State Law
Utah Code Section 67-5-1 -- 2019
Utah Rules of Civil Procedure -- Rule 24
Utah Rules Of Appellate Procedure -- Rule 25A
Lawsuits that challenge constitutionality of state law -- state is a named party
Lawsuits that challenge constitutionality of state law -- notification per court rules
Mr. Lance Sorenson, Office of the Utah Attorney General, spoke on the responsibility of the Office of the Utah Attorney General to report on the status and progress of any lawsuits that challenge the constitutionality of state law. He answered questions from the committee.
Rep. Lisonbee moved to open a committee bill file to modify the reporting requirement.
Other Items/Adjourn
Rep. Lisonbee moved to adjourn.
Chair Weiler adjourned the meeting at 3:39 p.m.
Committee Business
Committee Business
Savely v. Utah Highway Patrol
Savely v. Utah Highway Patrol
What is "The Problem"?
What is "The Problem"?
2019 Interim Study Items
2019 Interim Study Items
Reports to the Judiciary Interim Committee
Reports to the Judiciary Interim Committee
Lawsuits that Challenge the Constitutionality of State Law
Lawsuits that Challenge the Constitutionality of State Law
Other Items/Adjourn
Other Items/Adjourn
AGENDA
AGENDA
MINUTES
MINUTES
NOTICE
NOTICE
Open and Public Meetings Act -- 2019 Summary
Open and Public Meetings Act -- 2019 Summary
Utah Supreme Court case -- Savely v. Utah Highway Patrol
Utah Supreme Court case -- Savely v. Utah Highway Patrol
Judiciary Interim Committee -- 2019 Study Topics
Judiciary Interim Committee -- 2019 Study Topics
Reports to Judiciary Interim Committee
Reports to Judiciary Interim Committee
Utah Code Section 67-5-1 -- 2019
Utah Code Section 67-5-1 -- 2019
Utah Rules of Civil Procedure -- Rule 24
Utah Rules of Civil Procedure -- Rule 24
Utah Rules Of Appellate Procedure -- Rule 25A
Utah Rules Of Appellate Procedure -- Rule 25A
Lawsuits that challenge constitutionality of state law -- state is a named party
Lawsuits that challenge constitutionality of state law -- state is a named party
Lawsuits that challenge constitutionality of state law -- notification per court rules
Lawsuits that challenge constitutionality of state law -- notification per court rules
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