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MINUTES OF THE
SENATE JUDICIARY, LAW ENFORCEMENT AND CRIMINAL JUSTICE
STANDING COMMITTEE
Friday, February 6, 2004
Room 414, STATE CAPITOL BUILDING
Sen. Patrice M. Arent
Sen. James M. Evans
Sen. David L. Gladwell
Sen. Mike Dmitrich
Sen. L. Alma Mansell
Members Excused: Sen. Lyle W. Hillyard
Sen. D. Chris Buttars
Staff Present: Jami Momberger, Policy Analyst
Katrina Yarrington, Committee Secretary
Public Speakers Present: Elwood Powell, Chairman, Utah Shooting Sports Council
Fraser Nelson, Disability Law Center
C.C. Horton, Assistant Attorney General Mark Moffatt, Utah Association of Criminal Defense Lawyers
Kent Hart, Utah Association of Criminal Defense Lawyers
Jake Garn, former U.S. Senator
George Mantes, Utah Board of Regents
Sarah Oliphant, citizen
Leonard Wojcik, Board of Directors, Utah Shooting Sports Council
JoAnn Neilson, President, Utah PTA
Marla Kennedy, Executive Director, Gun Violence Prevention Center
Thomas Griffiths, General Counsel, Brigham Young University
W. Clark Aposhian, National Rifle Association
Lorna R. Brown, citizen
Monica Whalen, President, The Employers Council
Diane Bohman, citizen
Carol Leer, State Board of Education
A list of visitors and a copy of handouts are filed with the committee minutes.
Sen. Gladwell called the meeting to order at 2:08 p.m.
MOTION: Sen. Arent moved to approve the minutes of February 4, 2004.
The motion passed unanimously, with Sen. Bell, Sen. Mansell, and Sen. Dmitrich absent for the vote.
1. S.B. 161 Judicial Conduct Commission (M. Waddoups)
Sen. Waddoups introduced the bill.
MOTION: Sen. Arent moved to pass S.B. 161 out with a favorable recommendation.
The motion passed unanimously, with Sen. Dmitrich, Sen. Mansell, and Sen. Bell absent for the vote.
2. S.B. 49 Competency to Be Executed (D. Gladwell)
Sen. Gladwell introduced the bill assisted by C.C. Horton, Assistant Attorney General.
The following people spoke in opposition of the bill:
Fraser Nelson, Disability Law Center
Mark Moffatt, Chairman, Utah Association of Criminal Defense Lawyers
Kent Hart, Secretary, Utah Association of Criminal Defense Lawyers
MOTION: Sen. Arent moved to hold bill for one meeting.
SUBSTITUTE MOTION: Sen. Evans moved to pass S.B. 49 out with a favorable recommendation.
The substitute motion passed, with Sen. Arent voting in opposition and Sen. Mansell absent for the vote.
3. S.B. 48 Uniform Firearm Laws (M. Waddoups)
Sen. Waddoups introduced the bill.
MOTION: Sen. Dmitrich moved to amend S.B. 48 as follows:
1) Page 2, lines 52-53: Deletes lines 52 and 53
(2) Page 2, line 54: Delete "(7)" and insert "(6)"
The motion passed unanimously, with Sen. Mansell absent for the vote.
The following people spoke in support of the bill:
Sarah Oliphant, citizen
Elwood Powell, Chairman, Utah Shooting Sports Council
Leonard Wojcik, Board of Directors, Utah Shooting Sports Council
W. Clark Aposhian, National Rifle Association
Diane Bohman, citizen
The following people spoke in opposition of the bill:
George Mantes, State Board of Regents
Jake Garn, former U.S. Senator
JoAnn Neilson, President, Utah PTA
Marla Kennedy, Executive Director, Gun Violence Prevention Center
Carol Leer, State Board of Education
Lorna Brown, citizen
Monica Whalen, CEO, The Employers Council
Thomas Griffiths, General Counsel, Brigham Young University
MOTION: Sen. Evans moved to pass S.B. 48 out, as amended, with a favorable recommendation.
The motion passed, with Sen. Arent voting in opposition.
MOTION: Sen. Evans moved to adjourn.
Committee Chair Bell adjourned the meeting at 4:20 p.m.
Minutes recorded by Katrina Yarrington, Secretary
Sen. Gregory S. Bell, Committee Chair