H.B. 194

1

COMMISSION ON CRIMINAL AND JUVENILE
2 JUSTICE MEMBERSHIP
3 2004 GENERAL SESSION
4 STATE OF UTAH
5 Sponsor: Rosalind J. McGee
6
7 LONG TITLE
8 General Description:
9 This bill amends the membership of the Commission on Criminal and Juvenile Justice
10 regarding the appointment of and number of legislative members.
11 Highlighted Provisions:
12 This bill:
13 . increases the number of commission members from the House of Representatives
14 and the Senate from one to two from each house; and
15 . provides that the speaker of the House of Representatives and the president of the
16 Senate each appoint the respective legislative members of the commission, rather
17 than the governor.
18 Monies Appropriated in this Bill:
19 None
20 Other Special Clauses:
21 This bill provides an immediate effective date, except that it provides a delayed
22 effective date of July 1, 2004, for the section of the bill that does not take effect until
23 July 1, 2004.
24 Utah Code Sections Affected:
25 AMENDS:
26 63-25a-102 (Superseded 07/01/04), as last amended by Chapter 220, Laws of Utah
27 2001

28 63-25a-102 (Effective 07/01/04), as last amended by Chapter 171, Laws of Utah 2003
29
30 Be it enacted by the Legislature of the state of Utah:
31 Section 1. Section 63-25a-102 (Superseded 07/01/04) is amended to read:
32 63-25a-102 (Superseded 07/01/04). Composition -- Appointments -- Ex officio
33 members -- Terms -- U.S. Attorney as nonvoting member.
34 (1) The commission on criminal and juvenile justice shall be composed of [20] 22
35 voting members as follows:
36 (a) the chief justice of the supreme court, as the presiding officer of the judicial
37 council, or a judge designated by the chief justice;
38 (b) the state court administrator;
39 (c) the executive director of the Department of Corrections;
40 (d) the director of the Division of Youth Corrections;
41 (e) the commissioner of the Department of Public Safety;
42 (f) the attorney general;
43 (g) the president of the chiefs of police association or a chief of police designated by
44 the association's president;
45 (h) the president of the sheriffs' association or a sheriff designated by the association's
46 president;
47 (i) the chair of the Board of Pardons and Parole or a member designated by the chair;
48 (j) the chair of the Utah Sentencing Commission;
49 (k) the chair of the Utah Substance Abuse and Anti-Violence Coordinating Council;
50 (l) the chair of the Utah Board of Juvenile Justice;
51 (m) the chair of the Utah Council on Victims of Crime or the chair's designee; and
52 (n) the following members designated to serve four-year terms:
53 (i) a juvenile court judge, appointed by the chief justice, as presiding officer of the
54 Judicial Council; [and]
55 (ii) a representative of the statewide association of public attorneys designated by the
56 association's officers[.];
57 (iii) two members of the House of Representatives who are not members of the same
58 political party, and who are appointed by the speaker of the House of Representatives; and

59 (iv) two members of the Senate who are not members of the same political party, and
60 who are appointed by the president of the Senate.
61 (2) The governor shall appoint the remaining [five] three members to four-year
62 staggered terms as follows:
63 (a) one criminal defense attorney appointed from a list of three nominees submitted by
64 the Utah State Bar Association;
65 [(b) one state senator;]
66 [(c) one state representative];
67 [(d)] (b) one representative of public education; and
68 [(e)] (c) one citizen representative.
69 (3) In addition to the members designated under Subsections (1) and (2), the United
70 States Attorney for the district of Utah may serve as a nonvoting member.
71 (4) In appointing the members under Subsection (2), the governor shall take into
72 account the geographical makeup of the commission.
73 Section 2. Section 63-25a-102 (Effective 07/01/04) is amended to read:
74 63-25a-102 (Effective 07/01/04). Composition -- Appointments -- Ex officio
75 members -- Terms -- U.S. Attorney as nonvoting member.
76 (1) The commission on criminal and juvenile justice shall be composed of [20] 22
77 voting members as follows:
78 (a) the chief justice of the supreme court, as the presiding officer of the judicial
79 council, or a judge designated by the chief justice;
80 (b) the state court administrator;
81 (c) the executive director of the Department of Corrections;
82 (d) the director of the Division of Juvenile Justice Services;
83 (e) the commissioner of the Department of Public Safety;
84 (f) the attorney general;
85 (g) the president of the chiefs of police association or a chief of police designated by
86 the association's president;
87 (h) the president of the sheriffs' association or a sheriff designated by the association's
88 president;
89 (i) the chair of the Board of Pardons and Parole or a member designated by the chair;

90 (j) the chair of the Utah Sentencing Commission;
91 (k) the chair of the Utah Substance Abuse and Anti-Violence Coordinating Council;
92 (l) the chair of the Utah Board of Juvenile Justice;
93 (m) the chair of the Utah Council on Victims of Crime or the chair's designee; and
94 (n) the following members designated to serve four-year terms:
95 (i) a juvenile court judge, appointed by the chief justice, as presiding officer of the
96 Judicial Council; [and]
97 (ii) a representative of the statewide association of public attorneys designated by the
98 association's officers[.];
99 (iii) two members of the House of Representatives who are not members of the same
100 political party, and who are appointed by the speaker of the House of Representatives; and
101 (iv) two members of the Senate who are not members of the same political party, and
102 who are appointed by the president of the Senate.
103 (2) The governor shall appoint the remaining [five] three members to four-year
104 staggered terms as follows:
105 (a) one criminal defense attorney appointed from a list of three nominees submitted by
106 the Utah State Bar Association;
107 [(b) one state senator;]
108 [(c) one state representative;]
109 [(d)] (b) one representative of public education; and
110 [(e)] (c) one citizen representative.
111 (3) In addition to the members designated under Subsections (1) and (2), the United
112 States Attorney for the district of Utah may serve as a nonvoting member.
113 (4) In appointing the members under Subsection (2), the governor shall take into
114 account the geographical makeup of the commission.
115 Section 3. Effective date.
116 If approved by two-thirds of all the members elected to each house, this bill takes effect
117 upon approval by the governor, or the day following the constitutional time limit of Utah
118 Constitution Article VII, Section 8, without the governor's signature, or in the case of a veto,
119 the date of veto override, except that the amendments to Section 63-25a-102 (Effective July 1,
120 2004) take effect July 1, 2004.

Legislative Review Note
as of 12-10-03 3:31 PM

A limited legal review of this legislation raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel