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MINUTES OF THE

HOUSE JUDICIARY STANDING COMMITTEE MEETING

Room W010 - State Capitol Complex

January 25, 2006

MEMBERS PRESENT:
    Rep. James A. Ferrin, Chair
        Rep. Eric K. Hutchings, Vice Chair
        Rep. Douglas C. Aagard
        Rep. Glenn A. Donnelson
        Rep. Ben C. Ferry    
        Rep. Lorie D. Fowlke
        Rep. Ann W. Hardy
        Rep. Neal B. Hendrickson
        Rep. David L. Hogue
        Rep. Susan Lawrence
        Rep. Rosalind J. McGee
        Rep. Ross Romero
        Rep. Scott L. Wyatt        
        
STAFF PRESENT:    Jerry D. Howe, Policy Analyst
        Sylvia Newton, Committee Secretary
    

NOTE:    A list of visitors and copies of handouts are filed with the committee minutes.


Representative Ferrin called the meeting to order at 8:03 a.m.

MOTION:    Rep. Donnelson moved to approve the minutes of the January 24, 2006 meeting. The motion passed unanimously with Rep. Aagard, Rep. Donnelson, Rep. Ferry, Rep. Hendrickson, and Rep. McGee absent for the vote.


H.B. 281    Privacy of Records Related to Minors (Rep. E. Hutchings)

H.B. 281 was not considered in this meeting.

H.B. 247    Plea in Abeyance Fee (Rep. M. S. Lawrence)

MOTION:    Rep. Lawrence moved to delete in title and body H.B. 247 and replace it with 1st Substitute H.B. 247. The motion passed unanimously with Rep. Aagard, Rep. Donnelson, Rep. Ferry, and Rep. McGee absent for the vote.

MOTION:    Rep. Hardy moved to amend the substitute bill as follows:


1.    Page 2, Lines 41 through 54 :    

             41          (3) In all cases which are compromised pursuant to the provisions of Subsection (2):
             42          (a) the court, taking into consideration the offense charged, shall collect a plea in
             43      abeyance fee which shall:
* * * Some lines not shown * * *

             49          (iii) be not more than $25 greater than the bail designated in the Uniform Bail
             50      Schedule
{   , unless the judge makes a case specific written finding or docket entry justifying the

             51      variation  
}
; or
             52          (b) if no plea in abeyance fee is collected, a surcharge on the fee charged for the traffic
             53      school or other school, class, or rehabilitative program shall be collected, which surcharge
             54      shall:

The motion to amend the bill passed unanimously with Rep. Aagard, Rep. Donnelson, Rep. Ferry, Rep. Hendrickson, and Rep. McGee absent for the vote.

Rep. Lawrence introduced 1st Substitute H.B. 247 and explained it to the committee, assisted by Richard Schwermer, Administrative Office of the Courts.

MOTION:    Rep. Wyatt moved to pass the substitute bill as amended out favorably.

SUBSTITUTE
MOTION:    Rep. Donnelson moved to proceed to the next item on the agenda. The motion passed with Rep. Ferry, Rep. Hardy, Rep. Hogue, Rep. Lawrence, and Rep. Wyatt voting in opposition to the motion.


H.B. 102    Sentencing for First Degree Felony Murder (Rep. L. Fowlke)

Rep. Fowlke introduced H.B. 102 and explained it to the committee, assisted by Paul Boyden, Statewide Association of Prosecutors.

Spoke in favor of the bill:    Stewart Ralphs, Legal Aid Society and Domestic Violence
            Eraldo Soares, citizen    
            Brandy Farmer, Salt Lake Area Domestic Violence Commission

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




Rep. Ferrin relinquished the chair to Rep. Hutchings.


H.B. 244    Aggravated Assault by Prisoners Amendment (Rep. S. Wyatt)

Rep. Wyatt introduced H.B. 244 assisted by Paul Boyden, Statewide Association of Prosecutors.

MOTION:    Rep. Hardy moved to pass the bill out favorably. The motion passed unanimously with Rep. McGee absent for the vote.

Rep. Ferrin resumed the chair.


H.B. 278    Out-of-state Parent-time Amendments (Rep. L. Fowlke)

Rep. Fowlke introduced H.B. 278 and explained it to the committee.

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

1.    Page 3, Lines 60 through 64 :    

             60          (c) extended parent-time equal to 1/2 of the summer or off-track time for consecutive
             61      weeks. The children should be returned to the custodial home
{   the week   }        no later than seven days       before school begins

             62      [may not be counted as part of the summer period], however, this week shall be counted when
             63      determining the amount of parent-time to be divided between the parents for the summer or
             64      off-track period.

The motion to amend the bill passed unanimously with Rep. McGee absent for the vote.

Spoke in favor of the bill:    Stewart Ralphs, Director, Legal Aid Society

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






H.B. 274    Removal of County or Prosecution District Officer Amendments (Rep. S. Wyatt)

MOTION:    Rep. Wyatt moved to delete in title and body H.B. 274 and replace it with 1st Substitute H.B. 274. The motion passed unanimously.

Rep. Wyatt introduced 1st Substitute H.B. 274 and explained it to the committee, assisted by Carl Henderson, Utah Association of Counties.

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

1.    Page 2, Lines 50 through 51 :    

             50          (c) Entry of a plea in abeyance is
  the equivalent of       a conviction for purposes of Subsection (2)(a)(ii),

             51      even if the charge is later dismissed pursuant to a plea in abeyance agreement.

The motion to amend the bill passed unanimously.

MOTION:    Rep. Ferry moved to pass 1st Substitute H.B. 274 as amended out favorably. The motion passed unanimously.

MOTION:    Rep. Wyatt moved to place H.B. 278 on the Consent Calendar. The motion failed on a voice vote.


H.B. 257    Material Harmful to Minors Amendments (Rep. D. Hogue)

H.B. 257 was not considered in this meeting.


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

Rep. Ferrin adjourned the meeting at 9:48 a.m.





                                        ___________________________________
Rep. James A. Ferrin, Chair