MINUTES OF THE
CRIMINAL CODE EVALUATION TASK FORCE
Monday, October 15, 2018 • 1:00 p.m. • 445 State Capitol


Members Present:
Sen. Karen Mayne, Chair
Rep. Paul Ray, Chair
Sen. Lyle W. Hillyard
Sen. Daniel W. Thatcher
Rep. Eric K. Hutchings
Rep. Mark A. Wheatley
Mr. Steve Burton
Mr. Will Carlson
Ms. Kim Cordova
Mr. Mike Haddon
Ms. Jacey Skinner
Maj. Scott Stephenson
Mr. Marshall Thompson
Mr. Travis Wood

Members Absent:
Mr. Dee Smith

Staff Present:
Mr. John Feinauer, Policy Analyst
Ms. Esther Chelsea-McCarty, Associate General Counsel
Ms. Ericka A. Evans, Associate General Counsel
Ms. Tracey Fredman, Administrative Assistant

Note: A copy of related materials and an audio recording of the meeting can be found at www.le.utah.gov.

1. Committee Business
Chair Mayne called the meeting to order at 1:03 p.m. and welcomed Mr. Ned Searle from the Commission on Criminal and Juvenile Justice, who was in attendance for Kim Cordova.
MOTION: Mr. Travis Wood moved to approve the minutes of the September 24, 2018, meeting at 1:04 p.m. The motion passed with a vote of 8-0-7.
Yeas - 8Nays-0Abs-7
Ms. K. Cordova
Mr. M. Haddon
Sen. L. Hillyard
Sen. K. Mayne
Rep. P. Ray
Maj. S. Stephenson
Mr. M. Thompson
Mr. T. Wood
Mr. S. Burton
Mr. W. Carlson
Rep. E. Hutchings
Ms. J. Skinner
Mr. D. Smith
Sen. D. Thatcher
Rep. M. Wheatley
2. Payroll Tax Fraud
Mr. Mike Lee, Director, Taxpayer Services Division, State Tax Commission, discussed the impact on the collection of taxes when employees' wages are not reported to the State Tax Commission.
Mr. Scott Johnson, Criminal Investigation Division, Internal Revenue Service, noted that it would be helpful to require that the proper relationship between employer and employee be disclosed in the course of investigations.
Mr. Nate Mutter, Investigation Division, Office of the Attorney General, responded to questions about the types of investigations that have been done on these issues.
Mr. Chris Hill, Deputy Commissioner and General Counsel, Utah Labor Commission, described how the issue effects the State Tax Commission.
Mr. Patrick Bieker, Southwest Regional Council of Carpenters, discussed payroll tax fraud on construction job sites in the state.
Mr. Ernest Rogers provided public comment encouraging better enforcement over new laws.
Mr. Kristopher Winget, United Association of Plumbers, Pipefitters, and Sprinkler Fitters, described cases of payroll tax fraud on the federal level.
3. Domestic Violence
Mr. Marshall Thompson, Director, Sentencing Commission, noted the seriousness of the problem of domestic violence in the state.
Mr. Ned Searle, Commission on Criminal and Juvenile Justice, indicated that 40% of homicides in Utah are related to domestic violence.
Chief Tom Ross, Bountiful, Chiefs of Police Association, said he believes that the implementation of the Lethality Assessment Program, which involves an assessment by law enforcement to evaluate risks and offer support to victims, has had a positive impact in the Bountiful community.
Task force discussion followed.
Ms. Faye Jenkins, Utah Prisoner Advocate Network, encouraged the consideration of rehabilitation programs for offenders of domestic violence rather than legal recourse as a first course of action.
4. Sex Offender Registry
Mr. Steve Burton, President, Criminal Defense Attorney Association, reviewed proposals for amending statues regarding the sex offender registry.
Mr. Will Carlson, Utah Prosecution Council, offered contrasting considerations on the proposals discussed by Mr. Burton.
Ms. Wendy Parmley, discussed what other states are doing regarding sex offender registries.
Ms. Jenkins spoke to issues surrounding punishment of sex offenders.
MOTION: Rep. Ray moved to adjourn the meeting. The motion passed with a vote of 10-0-5.
Yeas - 10Nays-0Abs-5
Mr. S. Burton
Mr. W. Carlson
Ms. K. Cordova
Sen. K. Mayne
Rep. P. Ray
Ms. J. Skinner
Maj. S. Stephenson
Sen. D. Thatcher
Mr. M. Thompson
Rep. M. Wheatley
Mr. M. Haddon
Sen. L. Hillyard
Rep. E. Hutchings
Mr. D. Smith
Mr. T. Wood
Chair Mayne adjourned the meeting at 4:08 p.m.