| Members Present: Rep. Ryan D. Wilcox, Chair Rep. Jefferson S. Burton, Vice Chair Rep. Francis D. Gibson Rep. Matthew H. Gwynn Rep. Sandra Hollins Rep. Marsha Judkins Rep. Kelly B. Miles | Rep. Paul Ray Rep. Angela Romero Rep. Mike Schultz Rep. Andrew Stoddard Staff Present: John Feinauer, Policy Analyst An Bradshaw, 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 Wilcox called the meeting to order at 1:59 p.m. |
| MOTION: Rep. Judkins moved to approve the minutes of January 22, 2021. The motion passed with a vote of 7-0-4. | |||
| Yeas - 7 | Nays-0 | Abs-4 | |
| Rep. J. Burton Rep. F. Gibson Rep. M. Gwynn Rep. M. Judkins Rep. K. Miles Rep. P. Ray Rep. R. Wilcox | Rep. S. Hollins Rep. A. Romero Rep. M. Schultz Rep. A. Stoddard |
| 1. H.B. 21 Stalking Amendments (Pierucci, C.) |
| Rep. Candace Pierucci introduced the bill with the assistance of Will Carlson, Deputy District Attorney, Salt Lake County District Attorney's Office. |
| Alexandra Merritt, victim advocate, Utah Crime Victims Legal Clinic, spoke in opposition to the bill. |
| Tom Ross, Director, Commission on Criminal and Juvenile Justice, spoke in support of the bill on behalf of the commission. |
| Megan Mullineaux, resident, spoke in opposition to the bill. |
| Bethany Warr, attorney, Utah Crime Victims Legal Clinic, spoke in opposition to the bill. |
| Steven Burton, Executive Director, Utah Association of Criminal Defense Lawyers, spoke in support of the bill. |
| James Swink, Cache County District Attorney, spoke in support of the amendment and in opposition to the bill. |
| Matt Bartley, resident, spoke in opposition to the bill. |
| Rep. Ray moved to amend H.B. 21 with Amendment #1. |
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Amendment 1
H.B. 0021 18 This bill: 19 ▸ changes the definition of "course of conduct" required for the offense of stalking by { 20 { 21 { 22 of purpose. 35 (1) As used in this section: 36 (a) "Course of conduct" means [ 37 person evidencing a continuity of purpose, including: |
| Rep. Ray's motion to amend H.B. 21 with Amendment #1passed with a vote 10-0-1. | |||
| Yeas - 10 | Nays-0 | Abs-1 | |
| Rep. J. Burton Rep. F. Gibson Rep. M. Gwynn Rep. S. Hollins Rep. M. Judkins Rep. K. Miles Rep. P. Ray Rep. A. Romero Rep. M. Schultz Rep. R. Wilcox | Rep. A. Stoddard |
| Rep. Judkins moved to pass H.B. 21 out favorably as amended. |
| Rep. Judkins' motion to pass H.B. 21 out favorablypassed with a vote 10-0-1. | |||
| Yeas - 10 | Nays-0 | Abs-1 | |
| Rep. J. Burton Rep. F. Gibson Rep. M. Gwynn Rep. S. Hollins Rep. M. Judkins Rep. K. Miles Rep. P. Ray Rep. A. Romero Rep. M. Schultz Rep. R. Wilcox | Rep. A. Stoddard |
| 2. H.B. 90 Criminal Code Changes Impact Statement (Dailey-Provost, J.) |
| Rep. Dailey-Provost presented the bill to the committee with the assistance of Monica Diaz, Director, Utah Sentencing Commission. |
| Levy Woodruff, resident, spoke in support of the bill. |
| Rep. Judkins moved to pass H.B. 90 out favorably. |
| Rep. Ray moved to table H.B. 90. |
| Rep. Ray's substitute motion to table H.B. 90passed with a vote 6-5-0. | |||
| Yeas - 6 | Nays-5 | Abs-0 | |
| Rep. J. Burton Rep. F. Gibson Rep. M. Gwynn Rep. P. Ray Rep. M. Schultz Rep. R. Wilcox | Rep. S. Hollins Rep. M. Judkins Rep. K. Miles Rep. A. Romero Rep. A. Stoddard |
| 3. H.B. 138 Post Council Membership Amendments (Winder, M.) |
| Rep. Winder presented the bill to the committee. |
| Sheriff Cameron Noel, Beaver County, spoke in opposition to the bill. |
| Ian Adams, Executive Director, Utah State Fraternal Order of Police, spoke in support of the bill. |
| David Spatafore, lobbyist for Salt Lake Valley Law Enforcement Officers, spoke in support of the bill. |
| MOTION: Rep. Stoddard moved to replace H.B. 138 with 2nd Substitute H.B. 138. The motion passed with a vote of 10-0-1. | |||
| Yeas - 10 | Nays-0 | Abs-1 | |
| Rep. J. Burton Rep. F. Gibson Rep. M. Gwynn Rep. S. Hollins Rep. M. Judkins Rep. K. Miles Rep. P. Ray Rep. M. Schultz Rep. A. Stoddard Rep. R. Wilcox | Rep. A. Romero |
| MOTION: Rep. Burton moved to pass 2nd Substitute H.B. 138 out favorably. The motion passed with a vote of 9-0-2. | |||
| Yeas - 9 | Nays-0 | Abs-2 | |
| Rep. J. Burton Rep. F. Gibson Rep. M. Gwynn Rep. S. Hollins Rep. M. Judkins Rep. K. Miles Rep. M. Schultz Rep. A. Stoddard Rep. R. Wilcox | Rep. P. Ray Rep. A. Romero |
| 4. H.B. 220 Pretrial Detention Amendments (Schultz, M.) |
| Rep. Schultz presented the bill to the committee with the assistance of Sheriff Chad Jensen, President, Utah Sheriffs' Association. |
| Ben Aldana, public defender, spoke in support of the bill. |
| Crystal Powell, attorney, Utah Crime Victims Legal Clinic, spoke in opposition to the bill. |
| Scott Burns, Executive Director, Utah Sheriffs' Association, spoke in support of the bill. |
| Jojo Liu, Director, Salt Lake County Mayor's Office of Criminal Justice Initiatives, spoke to the bill and provided a handout. |
| Jeff Buhman, Executive Director, Statewide Association of Prosecutors, spoke in opposition to the bill. |
| Sim Gill, Salt Lake County District Attorney, spoke in opposition to the bill. |
| James Swink, Cache County District Attorney, spoke in support of the bill. |
| David Leavitt, Utah County District Attorney, spoke in opposition to the bill. |
| Steve Burton, Executive Director, Utah Association of Criminal Defense Lawyers, spoke in opposition to the bill. |
| Michael Drechsel, Assistant State Court Administrator and Legislative Liaison of the Judicial Council, spoke to the bill. |
| Chief Gary Jensen, Logan City Police, spoke in support of the bill. |
| Rep. Ray moved to pass H.B. 220 out favorably. |
| Rep. Stoddard moved to hold H.B. 220. |
| Rep. Stoddard's substitute motion to hold H.B. 220failed with a vote 4-7-0. | |||
| Yeas - 4 | Nays-7 | Abs-0 | |
| Rep. S. Hollins Rep. M. Judkins Rep. A. Romero Rep. A. Stoddard | Rep. J. Burton Rep. F. Gibson Rep. M. Gwynn Rep. K. Miles Rep. P. Ray Rep. M. Schultz Rep. R. Wilcox |
| Rep. Ray's motion passed with a vote 7-4-0. | |||
| Yeas - 7 | Nays-4 | Abs-0 | |
| Rep. J. Burton Rep. F. Gibson Rep. M. Gwynn Rep. K. Miles Rep. P. Ray Rep. M. Schultz Rep. R. Wilcox | Rep. S. Hollins Rep. M. Judkins Rep. A. Romero Rep. A. Stoddard |
| 5. H.B. 208 Water Quality Act Amendments (Ray, P.) |
| Rep. Ray presented the bill to the committee. |
| Analise Wilson, Ivory Development, spoke in support of the bill. |
| MOTION: Rep. Miles moved to pass H.B. 208 out favorably. The motion passed with a vote of 10-0-1. | |||
| Yeas - 10 | Nays-0 | Abs-1 | |
| Rep. J. Burton Rep. F. Gibson Rep. M. Gwynn Rep. S. Hollins Rep. M. Judkins Rep. K. Miles Rep. P. Ray Rep. M. Schultz Rep. A. Stoddard Rep. R. Wilcox | Rep. A. Romero |
| MOTION: Rep. Stoddard moved to adjourn. The motion passed with a vote of 10-0-1. | |||
| Yeas - 10 | Nays-0 | Abs-1 | |
| Rep. J. Burton Rep. F. Gibson Rep. M. Gwynn Rep. S. Hollins Rep. M. Judkins Rep. K. Miles Rep. P. Ray Rep. M. Schultz Rep. A. Stoddard Rep. R. Wilcox | Rep. A. Romero |
| Chair Wilcox adjourned the meeting at 4:48 p.m. |