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MINUTES OF THE

HOUSE JUDICIARY STANDING COMMITTEE MEETING

Room W020 - House Building, State Capitol Complex

January 30, 2009

MEMBERS PRESENT:
    Rep. Lorie D. Fowlke, Chair
        Rep. Don Ipson, Vice Chair
        Rep. Sheryl L. Allen
        Rep. Jim Bird
        Rep. Jackie Biskupski
        Rep. Francis Gibson
        Rep. Keith Grover
        Rep. Eric K. Hutchings
        Rep. Christine A. Johnson
        Rep. Brian King
        Rep. Kay L. McIff
        Rep. Kraig Powell
        Rep. Mark A. Wheatley
        
MEMBERS ABSENT:    None    
        
STAFF PRESENT:    Jerry D. Howe, Policy Analyst
        Cherri White, Committee Secretary

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

Vice-Chair Ipson called the meeting to order at 2:12 pm, and requested a motion to approve the minutes of January 28, 2009.

MOTION:    Rep. Johnson moved to approve the minutes of January 28, 2009. The motion passed unanimously with Representatives Allen, Hutchings, and Wheatley absent for the vote.

HB0097    Sexual Exploitation of a Minor (Rep. R. Bigelow)

The sponsor indicated that as the bill had been introduced on January 28, 2009 that he would appreciate the consideration of the committee in adopting an amendment.

MOTION:    Madam Chair Fowlke moved to amend:

1.    Page 1, Line 13 :    

             13      child pornography
  ; and

    .     provides that entities, their employees, and law enforcement officers who are acting in good faith to investigate, monitor for, or report child pornography are not considered to have violated any civil or criminal provision regarding sexual exploitation of a minor  
.



2.    Page 1, Line 26 through Page 2, Line 28 :    

             26          (a) when the person
  :

    (i)  
knowingly produces,      {   distributes, views,   } possesses, or possesses

             27      with intent to distribute
{   ,   }        child pornography;              or

    (ii) intentionally distributes or views  
child pornography; or

             28          (b) if the person is a minor's parent or legal guardian and knowingly consents to or

3.    Page 2, Line 38 :    

             38      the visual depiction.
 

    (5) This section may not be construed to impose criminal or civil liability on:
    (a) any entity or an employee, director, officer, or agent of an entity when acting within the scope of employment, for the good faith performance of:
    (i) reporting or data preservation duties required under any federal or state law; or
    (ii) implementing a policy of attempting to prevent the presence of child pornography on any tangible or intangible property, or of detecting and reporting the presence of child pornography on the property; or
    (b) any law enforcement officer acting within the scope of a criminal investigation.  


The motion passed unanimously with Representatives Allen, Hutchings, and Wheatley absent for the vote.

Mark Shurtleff, Utah Attorney General, spoke in favor of the bill and addressed questions from the committee. Paul Rogers, representing Internet Service Providers, and Ken Wallentine, Chief, Investigations, Attorney General's Office spoke in favor of the bill.

MOTION:    Madam Chair Fowlke moved to pass the bill out favorably as amended. The motion passed unanimously with Representative Wheatley absent for the vote.

HB0223    Statute of Limitations Amendments (Rep. C. Wimmer)

The sponsor introduced the bill and explained its intent.

Darlene Schmidt, a citizen, spoke to the bill.

MOTION:    Representative Hutchings moved to pass the bill out favorably. The motion passed unanimously.



HB0233    Aggravated Sexual Assault Amendments (Rep. C. Wimmer)

The sponsor introduced the bill and explained its intent.

Paul Boyden, Executive Director, Statewide Association of Prosecutors, assisted with the presentation of the bill.

Thomas Vaughn, Legislative Research and General Counsel, explained the bill and answered questions without speaking for or against the bill.

Darlene Schmidt, a citizen, spoke against the bill.

MOTION:    Representative McIff moved to pass the bill out favorably. The motion passed unanimously

HB0072    Children's Justice Center Amendments (Rep. L. Fowlke)

The sponsor introduced the bill and explained its intent. Tracey Talbot, Program Administrator, State Children's Justice Centers, Attorney General's Office, assisted with the presentation.

MOTION:    Representative Fowlke moved to pass the bill out favorably. The motion passed unanimously.

MOTION:    Representative Johnson moved to adjourn the meeting. The motion passed unanimously.

Vice-Chair Ipson adjourned the meeting at 3:13.





                ___________________________________
                    Representative Lorie D. Fowlke Chair