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MINUTES OF THE HOUSE
LAW ENFORCEMENT AND CRIMINAL JUSTICE STANDING COMMITTEE
Room WO25, West Office Building, State Capitol Complex
February 9, 2007


Members Present:    Rep. DeMar "Bud" Bowman, Chair
            Rep. Curt Oda, Vice Chair
            Rep. Brad Dee
            Rep. David Litvack
            Rep. Becky Lockhart            
            Rep. Michael Morley
            Rep. Paul Ray            
            Rep. Jennifer Seelig
            Rep. Ken Sumsion
            Rep. Larry Wiley
            
Members Absent:    Rep. Brad Dee
            Rep. Carl Wimmer             

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 8:05 a.m.

MOTION:    Rep. Ray moved to approve the minutes of February 7, 2007. The motion passed unanimously with Rep. Litvack and Rep. Morley absent for the vote.

S.B. 36    Nick's Safety Belt Enforcement Law (Sen. P. Jones)

Sen. P. Jones explained the bill. (handout)

Spoke in favor of the bill:    Ms. Karen Clay Cooley, private citizen
                Mr. Bryan Mortensen, student, Viewmont High School

MOTION:    Rep. Litvack moved to pass the bill out favorably. The motion passed with Rep. Lockhart, Rep. Morley, Rep. Oda, and Rep. Sumsion voting in opposition.

H.B. 447    Burglary of a Railroad Car (Rep. J. Gowans)
                        
Rep. Gowans explained the bill with the assistance of Mr. Tom Vaughn, Office of Legislative Research and General Counsel, State of Utah.



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


1.    Page 1, Line 13 :    

             13          .    defines
{   the term "railroad car"   }        terms       ;


2.    Page 2, Lines 33 through 37 :    

             33          (1)
  (a)           "Building," in addition to its ordinary meaning, means any watercraft, aircraft,

             34      trailer
{   , sleeping car   } , or other structure or vehicle adapted for overnight accommodation of

             35      persons or for carrying on business therein and includes:
             36          
{   (a) Each   }        (i)    each       separately secured or occupied portion of the structure or vehicle; and

             37          
{   (b) Each   }        (ii)    each       structure appurtenant to or connected with the structure or vehicle.

        
  (b)    "Building" does not include a railroad car.      


3.    Page 2, Lines 47 through 48 :    

             47          (5)
  (a)       "Railroad car," in addition to its ordinary meaning, includes        a sleeping car or       any container or trailer

             48      that is on a railroad car.

The motion passed unanimously with Rep. Ray absent for the vote.


Spoke in favor of the bill:    Mr. Clare Williams, attorney, Union Pacific Railroad
                Mr. Lawrence Curley, Union Pacific Railroad

MOTION:    Rep. Wiley moved to pass the bill out favorably as amended. The motion passed unanimously with Rep. Ray absent for the vote.

H.B. 402    Pawnshop Transaction Information Amendments (Rep. R. Lockhart)

This bill was not heard.


H.B. 359    Controlled Substance Amendments (Rep. C. Oda)

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


1.    Page 7, Lines 203 through 205 :    

             203          (6)
{   As used in this section,   }        For purposes of penalty enhancement under Subsections (1)(b) and (2)(c),       a plea of guilty or no contest to a violation of this section

             204      which is held in abeyance under Title 77, Chapter 2a, Pleas in Abeyance,
{   is considered to be a

             205      conviction for a violation of this section,   }
  is the equivalent of a conviction,       even if the charge has been subsequently reduced or


The motion passed unanimously.

Rep Oda explained the bill with the assistance of Ms. Jacey Skinner, Deputy District Attorney, Statewide Association of Prosecutors'.

MOTION:    Rep. Morley moved to pass the bill out favorably as amended. The motion passed unanimously with Rep. Ray absent for the vote.

H.B. 154    Exoneration and Innocence Assistance (Rep. D. Litvack)

Rep. Litvack introduced the bill with the assistance of Mr. Creighton Horton, Assistant Attorney General.

Spoke to the bill:    Ms. Erin Riley, Office of the Attorney General, State of Utah
            Ms. Jensie L. Anderson, Rocky Mountain Innocent Center

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

MOTION:    Rep. Wiley moved to adjourn. The motion passed unanimously with Rep. Ray absent for the vote. Rep. Bowman adjourned the meeting at 9:38 a.m.









                        ___________________
                        Rep. DeMar "Bud" Bowman, Chair