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MINUTES OF THE HOUSE
LAW ENFORCEMENT AND CRIMINAL JUSTICE STANDING COMMITTEE
State Capitol -- Room 225
February 13, 2004

Members Present:    Rep. DeMar "Bud Bowman, Chair
            Rep. Douglas C. Aagard, Vice Chair
            Rep. Duane Bourdeaux                        
            Rep. Patricia W. Jones
            Rep. Wayne A Harper            
            Rep. David Litvak
            Rep. Michael T. Morley
            Rep. Peggy Wallace
            Rep. R. Curt Webb

Members Absent:    Rep. LaVar F. Christensen
            Rep. Brad L. Dee

Staff Present:    Ms. Jami Momberger, Policy Analyst
            Ms. Linda Error, Committee Secretary

note: A list of visitors and a copy of handouts are filed with the committee minutes.

Rep. Aagard called the meeting to order at 4:17 p.m.

MOTION:    Rep. Wallace moved to approve the minutes of the February 11, 2004 meeting. The motion passed unanimously, with Rep. Harper and Rep. Morley absent for the vote.

H.B. 289    Alcoholic Beverage Amendments Related to Minors (Rep. L. Pace)

Rep. Pace explained the bill, assisted by Dale Stacey, Rich County Sheriff's Department.

MOTION:    Rep. Bourdeaux moved to pass the bill out favorably. The motion passed unanimously, with Rep. Jones and Rep. Morley absent for the vote.

H.B. 135    Notification of School District of Violent Offense by a Student (Rep. M. S. Lawrence)

MOTION:    Rep. Harper moved to amend the bill as follows:

1.    Page 4, Line 104 through Page 5, Line 121 :    

             104          (b) If the minor is taken into custody or detention for a violent felony, as defined in
             105      Section 76-3-203.5 , or an offense in violation of Title 76, Chapter 10, Part 5, Weapons,
[[  the

             106
     custodial or detaining agency   ]]
  the officer or other law enforcement agent taking the minor into custody       shall, as soon as practicable or as established under Subsection

             107      53A-11-1001 (2), notify the school superintendent of the district in which the minor resides or
             108      attends school for the purposes of the minor's supervision and student safety.
* * * Some lines not shown * * *

             116          (iii) All other records disclosures are governed by Title 63, Chapter 2, Government
             117      Records Access and Management Act
  and the Federal Family Educational Rights and Privacy Act       .

             118          (c) Employees of a governmental agency are immune from any
  criminal       liability      [[  , civil or

             119      criminal,   ]] for providing or failing to provide the information required by Section 78-3a-113
             120      unless the person acts or fails to act due to malice, gross negligence, or deliberate indifference
             121      to the consequences.

2.    Page 7, Line 197 through Page 8, Line 214 :    

             197          (b) If the minor is taken into custody or detention for a violent felony, as defined in
             198      Section 76-3-203.5 , or an offense in violation of Title 76, Chapter 10, Part 5, Weapons,
[[  the

             199      custodial or detaining agency   ]]
  the officer or other law enforcement agent taking the minor into custody       shall, as soon as practicable or as established under Subsection

             200      53A-11-1001 (2), notify the school superintendent of the district in which the minor resides or
             201      attends school for the purposes of the minor's supervision and student safety.
* * * Some lines not shown * * *

             209          (iii) All other records disclosures are governed by Title 63, Chapter 2, Government
             210      Records Access and Management Act
  and the Federal Family Educational Rights and Privacy Act       .

             211
         (c) Employees of a governmental agency are immune from any
  criminal       liability      [[  , civil or

             212      criminal,   ]] for providing or failing to provide the information required by Section 78-3a-113
             213      unless the person acts or fails to act due to malice, gross negligence, or deliberate indifference
             214      to the consequences.

Rep. Lawrence explained the bill, assisted by Martin Bates, Policy and Compliance Officer, Granite School District.

Spoke for the bill:    Rhonda Rose, Utah PTA
            Sarah Myer, Utah School Boards Association
            Stephen Ronnenkamp, Superintendent, Granite School District
            Vik Arnold, Utah Education Association

MOTION:    Rep. Jones moved to pass the bill out favorably as amended. The motion passed unanimously.

S.B. 143    Criminal Offense Attempt Amendments (Sen. D. Gladwell)

Sen. Gladwell explained the bill, assisted by C. C. Horton, Assistant Attorney General.

MOTION:     Rep. Litvak moved to pass the bill out favorably. The motion passed unanimously.

S.B. 63    Witness Tampering Amendments (Sen. D. C. Buttars)

Sen. Buttars explained the bill, assisted by C. C. Horton, Assistant Attorney General.

MOTION:    Rep. Harper moved to pass the bill out favorably. The motion passed unanimously.

MOTION:    Rep. Wallace moved to adjourn the meeting. The motion passed unanimously.

Rep. Aagard adjourned the meeting at 5:00 p.m.




                        _____________________________
                        Rep. DeMar "Bud" Bowman, Chair