| Members Present: Rep. Karianne Lisonbee, Chair Rep. Craig Hall, Vice Chair Rep. Cheryl K. Acton Rep. Brady Brammer Rep. Jon Hawkins Rep. Eric K. Hutchings Rep. Brian S. King Rep. Stephanie Pitcher | Rep. V. Lowry Snow Rep. Steve Waldrip Rep. Mark A. Wheatley Members Absent: Rep. Travis M. Seegmiller Staff Present: Joseph T. Wade, Policy Analyst Christopher Vizcardo, Committee Secretary |
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Note: A copy of related materials and an audio recording of the
meeting can be found at www.le.utah.gov.
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| Chair Lisonbee called the meeting to order at 3:45 p.m. |
| MOTION: Rep. Hawkins moved to approve the minutes of the February 11, 2020, meeting. The motion passed with a vote of 7-0-5. | |||
| Yeas - 7 | Nays-0 | Abs-5 | |
| Rep. C. Hall Rep. J. Hawkins Rep. E. Hutchings Rep. K. Lisonbee Rep. S. Pitcher Rep. V. Snow Rep. M. Wheatley | Rep. C. Acton Rep. B. Brammer Rep. B. King Rep. T. Seegmiller Rep. S. Waldrip |
| 1. H.B. 262 Juvenile Delinquency Amendments (Hall, C.) |
| Rep. Hall presented the bill with support from Brett Peterson, Division of Juvenile Justice Services, Department of Human Services (DHS), and Lisa St Louis, Assistant Program Director, Salt Lake Valley Detention, DHS. |
| Rep. Snow assumed the chair. |
| Will Carlson, Salt Lake County District Attorney's Office, spoke against the bill. |
| Chair Lisonbee assumed the chair. |
| Dr. Rob Butters, Assistant Professor, University of Utah, spoke in favor of the bill. |
| Pamela Vickrey, Utah Juvenile Defender Attorneys, spoke in favor of the bill. |
| Patricia Cassell, Statewide Association of Prosecutors of Utah, spoke against the bill. |
| Paul Wake, Utah County Juvenile Prosecutor, spoke against the bill. |
| MOTION: Rep. Hall moved to replace H.B. 262 with 2nd Substitute H.B. 262. The motion passed with a vote of 10-0-2. | |||
| Yeas - 10 | Nays-0 | Abs-2 | |
| Rep. C. Acton Rep. B. Brammer Rep. C. Hall Rep. J. Hawkins Rep. E. Hutchings Rep. B. King Rep. K. Lisonbee Rep. S. Pitcher Rep. S. Waldrip Rep. M. Wheatley | Rep. T. Seegmiller Rep. V. Snow |
| Rep. Hall moved to favorably recommend 2nd Substitute H.B. 262. |
| MOTION: Rep. Hawkins moved to hold 2nd Substitute H.B. 262. The motion passed with a vote of 10-0-2. | |||
| Yeas - 10 | Nays-0 | Abs-2 | |
| Rep. C. Acton Rep. B. Brammer Rep. C. Hall Rep. J. Hawkins Rep. E. Hutchings Rep. B. King Rep. K. Lisonbee Rep. S. Pitcher Rep. S. Waldrip Rep. M. Wheatley | Rep. T. Seegmiller Rep. V. Snow |
| 2. H.B. 139 DUI Liability Amendments (Eliason, S.) |
| Rep. Eliason presented the bill with support of Will Carlson, Salt Lake County District Attorney's Office. |
| Major Steve Winward, Utah Highway Patrol, spoke in favor of the bill. |
| Steve Burton, Utah Association of Defense Lawyers, spoke to the bill. |
| Lt. Brian Baggs, Weber County Sheriff's Office, spoke in favor of the bill. |
| Mark Brown, President of Mother Against Drunk Driving of Utah, spoke in favor of the bill. |
| Steven Waton, owner of a DUI education facility, spoke in favor of the bill. |
| MOTION: Rep. Brammer moved to replace H.B. 139 with 1st Substitute H.B. 139. The motion passed with a vote of 10-0-2. | |||
| Yeas - 10 | Nays-0 | Abs-2 | |
| Rep. C. Acton Rep. B. Brammer Rep. C. Hall Rep. J. Hawkins Rep. E. Hutchings Rep. B. King Rep. K. Lisonbee Rep. S. Pitcher Rep. S. Waldrip Rep. M. Wheatley | Rep. T. Seegmiller Rep. V. Snow |
| MOTION: Rep. Brammer moved to amend 1st Substitute H.B. 139 with Amendment #1. The motion passed with a vote of 10-0-2. | |||
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Amendment 1
1st Sub. H.B. 139 18 ▸ clarifies provisions related to driving in the wrong direction while driving under the 19 influence; { ▸ 20 ▸ makes technical changes. 44 (1) As used in this part: 45 (a) "Actual physical control" is determined by a consideration of the totality of the circumstances, but does not include a circumstance in which: 46 (i) the person is asleep inside the vehicle; 47 (ii) the person is not in the driver's seat of the vehicle; 48 (iii) the engine of the vehicle is not running; 49 (iv) the vehicle is lawfully parked; and 50 (v) under the facts presented, it is evident that the person { 51 vehicle to the location while under the influence of alcohol, a drug, or the combined influence 52 of alcohol and any drug. 470 (7) A person is guilty of refusing a chemical test if a peace officer has issued the warning required in Subsection (2)(a) and the person refuses to submit to a test 471 of the person's blood under Subsection (1) after a court has issued a warrant to draw and test 472 the blood. |
| Yeas - 10 | Nays-0 | Abs-2 | |
| Rep. C. Acton Rep. B. Brammer Rep. C. Hall Rep. J. Hawkins Rep. E. Hutchings Rep. B. King Rep. K. Lisonbee Rep. S. Pitcher Rep. S. Waldrip Rep. M. Wheatley | Rep. T. Seegmiller Rep. V. Snow |
| MOTION: Rep. Brammer moved to favorably recommend 1st Substitute H.B. 139, as amended. The motion passed with a vote of 9-1-2. | |||
| Yeas - 9 | Nays-1 | Abs-2 | |
| Rep. C. Acton Rep. B. Brammer Rep. C. Hall Rep. J. Hawkins Rep. E. Hutchings Rep. B. King Rep. K. Lisonbee Rep. S. Waldrip Rep. M. Wheatley | Rep. S. Pitcher | Rep. T. Seegmiller Rep. V. Snow |
| 3. H.B. 238 Crime Enhancement Amendments (Pitcher, S.) |
| Rep. Pitcher presented the bill with support of Will Carlson, Salt Lake County District Attorney's Office. |
| MOTION: Rep. Hawkins moved to replace H.B. 238 with 1st Substitute H.B. 238. The motion passed with a vote of 10-0-2. | |||
| Yeas - 10 | Nays-0 | Abs-2 | |
| Rep. C. Acton Rep. B. Brammer Rep. C. Hall Rep. J. Hawkins Rep. E. Hutchings Rep. B. King Rep. K. Lisonbee Rep. S. Pitcher Rep. S. Waldrip Rep. M. Wheatley | Rep. T. Seegmiller Rep. V. Snow |
| MOTION: Rep. Hawkins moved to favorably recommend 1st Substitute H.B. 238. The motion passed with a vote of 10-0-2. | |||
| Yeas - 10 | Nays-0 | Abs-2 | |
| Rep. C. Acton Rep. B. Brammer Rep. C. Hall Rep. J. Hawkins Rep. E. Hutchings Rep. B. King Rep. K. Lisonbee Rep. S. Pitcher Rep. S. Waldrip Rep. M. Wheatley | Rep. T. Seegmiller Rep. V. Snow |
| MOTION: Rep. Hawkins moved to adjourn. The motion passed with a vote of 10-0-2. | |||
| Yeas - 10 | Nays-0 | Abs-2 | |
| Rep. C. Acton Rep. B. Brammer Rep. C. Hall Rep. J. Hawkins Rep. E. Hutchings Rep. B. King Rep. K. Lisonbee Rep. S. Pitcher Rep. S. Waldrip Rep. M. Wheatley | Rep. T. Seegmiller Rep. V. Snow |
| Chair Lisonbee adjourned the meeting at 5:11 p.m. |