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MINUTES OF THE HOUSE
LAW ENFORCEMENT AND CRIMINAL JUSTICE STANDING COMMITTEE
Room WO25, West Office Building, State Capitol Complex
January 29, 2007
Members Present: Rep. DeMar "Bud" Bowman, Chair
Rep. Curt Oda, Vice Chair
Rep. David Litvack
Rep. Becky Lockhart
Rep. Michael Morley
Rep. Paul Ray
Rep. Jennifer Seelig
Rep. Ken Sumsion
Rep. Larry Wiley
Rep. Carl Wimmer
Members Absent: Rep. Brad Dee
Staff Present: Mr. Stewart Smith, Policy Analyst
Ms. Linda Black, Committee Secretary
note: A list of visitors and a copy of handouts are filed with the committee minutes.
Rep. Bowman called the meeting to order at 8:00 a.m. and turned the chair over to Rep. Oda.
MOTION: Rep. Ray moved to approve the minutes of January 25, 2007. The motion passed unanimously with Rep. Lockhart, Rep. Morley, Rep. Seelig, and Rep. Wiley absent for the vote.
H.B. 197 Amendments to Background Checks by Department of Health (Rep. D. G. Buxton)
Rep. Buxton introduced the bill with the assistance of Dr. Marc Babitz, M.D., Utah Dept. of Health.
Spoke to the bill: Ms. Dalene England, Eagle Forum
MOTION: Rep. Ray moved to pass the bill out favorably. The motion passed unanimously with Rep. Wiley absent for the vote.
H.B. 93 Capital Offenses Amendments (Rep. P. Ray)
Rep. Ray moved to amend the bill as follows:
1. Page 1, Lines 16 through 17 :
16 constitutes aggravated murder,
{
whether or not the specified offenses were
17 committed intentionally or knowingly }
if committed with reckless indifference
to human life .
2. Page 2, Lines 41 through 45 :
41 robbery, rape,
{
[
}
rape of a child,
{
]
}
object rape,
{
[
}
object rape of a
child,
{
]
}
forcible sodomy,
{
[
}
sodomy
42 upon a child,
{
]
}
forcible sexual abuse,
{
[
}
sexual abuse of a child,
aggravated sexual abuse of a
43 child, child abuse as defined in Subsection 76-5-109 (2)(a),
{
]
}
or aggravated
sexual assault,
44 aggravated arson, arson, aggravated burglary, burglary, aggravated kidnapping, or kidnapping
{
[
}
,
45 or child kidnapping
{
]
}
;
3. Page 4, Line 116 :
116 (2) Criminal homicide constitutes aggravated murder if the actor
, with reckless
indifference to human life,
causes the death of
4. Page 4, Line 118 :
118 actor
{
committed or attempted to commit
}
is a major participant in the
commission or attempted commission of
:
5. Page 4, Line 119 :
119 (a) child abuse, Subsection 76-5-109 (2)(a)
{
or (b)
}
;
The motion passed unanimously.
Rep. Ray explained the bill with the assistance of Mr. Paul Boyden, Statewide Association of Prosecutors.
MOTION: Rep. Wimmer moved to pass the bill out favorably as amended. The motion passed with Rep. Litvack and Rep. Wiley voting in opposition.
Rep. Oda relinquished the chair to Rep. Bowman.
H.B. 263 Jail Expenses Amendments (Rep. C. Oda)
Rep. Oda introduced the bill with the assistance of Mr. Reed Richards, Utah Sheriffs Association.
Spoke in favor of the bill: Mr. Troy Rawlings, Davis Co. Attorney
MOTION: Rep. Ray moved to pass the bill out favorably. The motion passed unanimously.
H.B. 275 Offense Against Peace Officers (Rep. C. Oda)
Rep. Oda introduced the bill with the assistance of Mr. Reed Richards, Utah Sheriffs Assn.
MOTION: Rep. Oda moved to replace H.B, 275 with 1st Substitute H.B, 275. The motion passed unanimously.
MOTION: Rep. Ray moved to proceed to the next item on the agenda. The motion passed unanimously with Rep. Litvack absent for the vote.
Rep. Oda resumed the position of chair.
H.B. 113 Discharge of a Firearm Amendments (Rep. C. Wimmer)
Rep. Wimmer introduced the bill with the assistance of Mr. Paul Boyden, SWAP.
Spoke for the bill: Mr. W. Clark Aposhian, Chairman, Utah Shooting Sports Council
MOTION: Rep Wiley moved to pass the bill out favorably. The motion passed unanimously with Rep. Litvack absent for the vote.
1st Substitute H.B. 275 Offense Against Peace Officers (Rep. C. Oda)
MOTION: Rep. Ray moved to reconsider 1st Substitute H.B. 275. The motion passed unanimously with Rep. Litvack absent for the vote.
MOTION: Rep. Ray moved to amend the bill as follows:
1. Page 1, Lines 15 through 16 :
15
{
. provides that a person who assaults a peace officer after the person
has been stopped
16 for questioning is guilty of a third degree felony; and }
2. Page 1, Line 24 through Page 2, Line 26 :
24 AMENDS:
{
25
76-5-101, as last amended by Chapter 171, Laws of Utah 2003
26 76-5-102.4, as last amended by Chapter 172, Laws of Utah 1998 }
3. Page 2, Lines 30 through 54 :
30
{
Section 1.
Section
76-5-101
is amended to read:
31 76-5-101. "Prisoner" defined.
32 [For purposes of] As used in this part, "prisoner" means any person who is:
33 (1) in custody of a peace officer pursuant to a lawful arrest [or who is];
34 (2) lawfully detained pursuant to Section 77-7-15 ; or
35 (3) confined in a jail or other penal institution or a facility used for confinement of
36 delinquent juveniles and that is operated by the Division of Juvenile Justice Services,
37 regardless of whether the confinement is legal.
38 Section 2. Section 76-5-102.4 is amended to read:
39 76-5-102.4. Assault against peace officer -- Penalty.
40 (1) Any person who assaults a peace officer, with knowledge that he is a peace officer,
41 and when the peace officer:
42 (a) is acting within the scope of his authority as a peace officer, is guilty of a class A
43 misdemeanor; and
44 (b) is acting within the scope of his authority as a peace officer to stop and question the
45 person pursuant to Section 77-7-15 , is guilty of a third degree felony.
46 (2) A person who violates this section shall serve, in jail or another correctional
47 facility, a minimum of:
48 (a) 90 consecutive days for a second offense; and
49 (b) 180 consecutive days for each subsequent offense.
50 (3) The court may suspend the imposition or execution of the sentence required under
51 Subsection (2) if the court:
52 (a) finds that the interests of justice would be best served; and
53 (b) makes specific findings concerning the disposition in writing or on the record. }
54 Section
{
3
}
1
.
Section
76-5-102.6
is amended to read:
4. Page 3, Line 57 :
57 (1) Any prisoner
or person detained pursuant to Section 77-7-15
who throws
or otherwise propels any substance or object at a peace or
The motion passed unanimously with Rep. Litvack absent for the vote.
MOTION: Rep. Ray moved to pass 1st Substitute H.B. 275 out favorably as amended. The motion passed unanimously with Rep. Litvack absent for the vote.
H.B. 285 Land Use Development Management Act Amendments (Rep. A. Tilton)
Rep. Tilton introduced the bill.
Spoke in favor of the bill: Mr. Rey Butcher, Questar
Rep. Morley moved to amend the bill as follows:
1. Page 3, Lines 68 through 69 :
68 (A) indicates only that the plat
{
accurately
}
approximates the location of the
underground
69 and utility facilities but does not warrant or verify their precise location; and
2. Page 4, Line 120 through Page 5, Line 121 :
120 (A) indicates only that the plat
{
accurately
}
approximates the location of the
underground
121 and utility facilities but does not warrant or verify their precise location; and
The motion passed unanimously with Rep. Litvack absent for the vote.
MOTION: Rep. Sumsion moved to further amend the bill as follows:
1. Page 3, Line 68:
68 before underground insert existing
2. Page 4, line 120:
120 before underground insert existing
The motion passed unanimously with Rep. Litvack absent for the vote.
MOTION: Rep. Wiley moved to pass the bill out favorably as amended. The motion passed unanimously with Rep. Litvack absent for the vote.
MOTION: Rep Morley moved to adjourn. The motion passed unanimously with Rep. Litvack absent for the vote.
Rep. Oda adjourned the meeting at 9:35 a.m.
___________________
Rep. DeMar "Bud" Bowman, Chair