| 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. Travis M. Seegmiller Rep. V. Lowry Snow Rep. Steve Waldrip Rep. Mark A. Wheatley 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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| Acting Chair Snow called the meeting to order at 8:09 a.m. |
| MOTION: Rep. Brammer moved to approve the minutes of the February 14, 2020, meeting. The motion passed with a vote of 6-0-6. | |||
| Yeas - 6 | Nays-0 | Abs-6 | |
| Rep. C. Acton Rep. B. Brammer Rep. C. Hall Rep. J. Hawkins Rep. V. Snow Rep. M. Wheatley | Rep. E. Hutchings Rep. B. King Rep. K. Lisonbee Rep. S. Pitcher Rep. T. Seegmiller Rep. S. Waldrip |
| 1. 2nd Sub. 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). |
| Chair Lisonbee assumed the chair. |
| Will Carlson, Salt Lake County District Attorney's Office, spoke in favor of the bill. |
| MOTION: Rep. Hawkins moved to amend 2nd Substitute H.B. 262 with Amendment #1. The motion passed with a vote of 8-0-4. | |||
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Amendment 1
2nd Sub. H.B. 262 797 (10) (a) The court's probation department may not predicate acceptance of an offer of a 798 nonjudicial adjustment on an admission of guilt. 799 [ 800 a minor an offer of nonjudicial adjustment due to [ 801 penalty under Subsection [ 802 (c) The court's probation department shall base a fee, fine, or the restitution for a 803 nonjudicial adjustment under Subsection (8) upon the ability of the minor's family to pay as 804 determined by a statewide sliding scale developed in accordance with Section 63M-7-208 on or 805 after July 1, 2018. 806 [ 807 more than 90 days [ 808 juvenile court judge extends the nonjudicial adjustment for an additional 90 days. (e) (i) Notwithstanding Subsection (10)(d), a juvenile court judge may extend a nonjudicial adjustment beyond the 180 days permitted under Subsection (10)(d) for a minor who is offered a nonjudicial adjustment under Subsection (7)(b) for a sexual offense under Title 76, Chapter 5, Part 4, Sexual Offenses, or is referred under Subsection (11)(b)(ii) for a sexual offense under Title 76, Chapter 5, Part 4, Sexual Offenses, that the minor committed before the minor was 12 years old , if the judge determines that: (A) the nonjudicial adjustment requires specific treatment for the sexual offense; (B) the treatment cannot be completed within 180 days after the day on which the minor entered (C) the treatment is necessary based on a clinical assessment that is developmentally appropriate for the minor. (ii) If a juvenile court judge extends a minor's nonjudicial adjustment under Subsection (10)(e)(i), the judge may extend the nonjudicial adjustment until the minor completes the treatment under this Subsection (10)(e), but the judge may only grant each extension for 90 days at a time. 809 { 810 penalty and participate in a court-approved tobacco education program with a participation fee. |
| Yeas - 8 | Nays-0 | Abs-4 | |
| Rep. C. Acton Rep. B. Brammer Rep. C. Hall Rep. J. Hawkins Rep. K. Lisonbee Rep. V. Snow Rep. S. Waldrip Rep. M. Wheatley | Rep. E. Hutchings Rep. B. King Rep. S. Pitcher Rep. T. Seegmiller |
| MOTION: Rep. Hawkins moved to favorably recommend 2nd Substitute H.B. 262, as amended. The motion passed with a vote of 8-0-4. | |||
| Yeas - 8 | Nays-0 | Abs-4 | |
| Rep. C. Acton Rep. B. Brammer Rep. C. Hall Rep. J. Hawkins Rep. K. Lisonbee Rep. V. Snow Rep. S. Waldrip Rep. M. Wheatley | Rep. E. Hutchings Rep. B. King Rep. S. Pitcher Rep. T. Seegmiller |
| 2. H.B. 300 Justice Court Jurisdiction Amendments (Stratton, K.) |
| Rep. Stratton presented the bill with support from David O. Leavitt, Utah County Attorney. |
| 2a) HB 300 - Justice Court Jurisdiction Amendments Handout |
| 2b) HB 300 Presentation to 2020 House Judiciary Committee |
| Michael Drechsel, Assistant State Court Administrator, Administrative Office of the Courts, spoke to the bill. |
| Victoria Ashby, Utah League of Cities and Towns, spoke against the bill. |
| MOTION: Rep. Snow moved to hold H.B. 300. The motion passed with a vote of 9-0-3. | |||
| Yeas - 9 | Nays-0 | Abs-3 | |
| Rep. C. Acton Rep. B. Brammer Rep. C. Hall Rep. J. Hawkins Rep. K. Lisonbee Rep. S. Pitcher Rep. T. Seegmiller Rep. V. Snow Rep. S. Waldrip | Rep. E. Hutchings Rep. B. King Rep. M. Wheatley |
| 3. S.B. 66 Court Resources Reallocation Amendments (Weiler, T.) |
| Sen. Weiler presented the bill. |
| Michael Drechsel, Assistant State Court Administrator, Administrative Office of the Courts, spoke in favor of the bill. |
| MOTION: Rep. Brammer moved to favorably recommend S.B. 66. The motion passed with a vote of 9-0-3. | |||
| Yeas - 9 | Nays-0 | Abs-3 | |
| Rep. C. Acton Rep. B. Brammer Rep. C. Hall Rep. J. Hawkins Rep. K. Lisonbee Rep. S. Pitcher Rep. T. Seegmiller Rep. V. Snow Rep. S. Waldrip | Rep. E. Hutchings Rep. B. King Rep. M. Wheatley |
| 4. H.B. 276 Administrative Garnishment Order Amendments (Miles, K.) |
| Rep. Miles presented the bill with support from Cory Weeks, Department of Administrative Services. |
| MOTION: Rep. Waldrip moved to favorably recommend H.B. 276. The motion passed with a vote of 11-0-1. | |||
| Yeas - 11 | Nays-0 | Abs-1 | |
| 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. T. Seegmiller Rep. V. Snow Rep. S. Waldrip | Rep. M. Wheatley |
| MOTION: Rep. Waldrip moved to place H.B. 276 on the Consent Calendar. The motion passed with a vote of 11-0-1. | |||
| Yeas - 11 | Nays-0 | Abs-1 | |
| 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. T. Seegmiller Rep. V. Snow Rep. S. Waldrip | Rep. M. Wheatley |
| MOTION: Rep. Brammer moved to recess for five minutes. The motion passed with a vote of 11-0-1. | |||
| Yeas - 11 | Nays-0 | Abs-1 | |
| 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. T. Seegmiller Rep. V. Snow Rep. S. Waldrip | Rep. M. Wheatley |
| Chair Lisonbee reconvened the meeting. |
| 5. H.B. 146 Driver License Suspension Amendments (Maloy, A.C.) |
| Rep. Maloy presented the bill with support from Molly Davis, Policy Analyst, Libertas Institute. |
| Mark Moffat, criminal defense attorney, spoke in favor of the bill. |
| Jason Groth, ACLU of Utah, spoke in favor of the bill. |
| Cory Weeks, Department of Administrative Services, spoke to the bill. |
| Chris Caras, Director of the Driver License Division, Department of Public Safety, spoke to the bill. |
| MOTION: Rep. Seegmiller moved to hold H.B. 146. The motion passed with a vote of 11-0-1. | |||
| Yeas - 11 | Nays-0 | Abs-1 | |
| Rep. B. Brammer Rep. C. Hall Rep. J. Hawkins Rep. E. Hutchings Rep. B. King Rep. K. Lisonbee Rep. S. Pitcher Rep. T. Seegmiller Rep. V. Snow Rep. S. Waldrip Rep. M. Wheatley | Rep. C. Acton |
| MOTION: Rep. Hawkins moved to adjourn. The motion passed with a vote of 11-0-1. | |||
| Yeas - 11 | Nays-0 | Abs-1 | |
| Rep. B. Brammer Rep. C. Hall Rep. J. Hawkins Rep. E. Hutchings Rep. B. King Rep. K. Lisonbee Rep. S. Pitcher Rep. T. Seegmiller Rep. V. Snow Rep. S. Waldrip Rep. M. Wheatley | Rep. C. Acton |
| Chair Lisonbee adjourned the meeting at 9:57 a.m. |