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Rep. Don Ipson, Vice Chair
Rep. Sheryl L. Allen
Rep. Jim Bird
Rep. Jackie Biskupski
Rep. Francis Gibson
Rep. Christine A. Johnson
Rep. Brian King
Rep. Kraig Powell
Rep. Mark A. Wheatley
MEMBERS ABSENT: Rep. Keith Grover
Rep. Eric K. Hutchings
Rep. Kay L. McIff
MOTION: Representative Ipson moved to approve the minutes of February 2, 2009. The motion passed unanimously with Representatives Grover, Hutchings, McIff, Powell, and Wheatley absent for the vote.
HB0148 Victim Rights Amendments (Rep. R. C. Webb)
The sponsor indicated that a substitute bill needed to be adopted.
MOTION: Representative Ipson moved to approve 2nd Substitute HB 148. The motion passed unanimously with Representatives Grover, Hutchings, and McIff, absent for the vote.
Representative Webb introduced 2nd Substitute HB 148 and explain its intent. He was assisted in his presentation by Mel Wilson, Utah Crime Victims Legal Clinic Advisory Board, Heidi Nestel, Clinical Director, Utah Crime Victims Legal Clinic, and Reed Richards, Chair, Utah Council on Victims of Crime.
MOTION: Representative Biskupski moved to amend:
1. Page 6, Line 166 :
166 occurred more than
{
one year
}
six months
before the victim filed an action
alleging the violation of the right.
2. Page 6, Lines 177 through 178 :
177 (2) This chapter may not be construed as creating a basis for
[dismissing]
{
a
defendant
178 to dismiss } any criminal charge or delinquency petition, vacating any adjudication or conviction,
3. Page 7, Lines 193 through 198 :
193 or retained by victims of crimes.
{
194 Section 5. Effective date.
195 If approved by two-thirds of all the members elected to each house, this bill takes effect
196 upon approval by the governor, or the day following the constitutional time limit of Utah
197 Constitution Article VII, Section 8, without the governor's signature, or in the case of a veto,
198 the date of veto override. }
The motion passed unanimously with Representatives Grover, Hutchings and McIff absent for the vote.
Paul Boyden, Statewide Association of Prosecutors and Kirk Torgensen Chief Deputy, Criminal Divisions, Utah Attorney General's Office, spoke in favor of the bill. Tawni Hanseen, President- elect, Utah Association of Criminal Defense Lawyers, and Tara Isaacson, Board Member, Utah Association of Criminal Defense Lawyers, spoke against the bill.
MOTION: Representative Biskupski moved to amend:
Page 6, Line 177-178: Reinstate "[
The motion passed unanimously with Representatives Gibson, Grover, Hutchings, and McIff, absent for the vote.
MOTION: Representative Bird moved to pass 2nd Substitute HB 148 out favorably as amended. The motion passed unanimously with Representatives Gibson, Grover, Hutchings, and McIff absent for the vote.
HB0401 Custody and Parent-time Amendments for Service Members (Rep. T. Cosgrove)
The sponsor indicated there was an amendment he would like the committee to consider prior to introducing the bill.
MOTION: Representative Johnson moved to amend:
1. Page 2, Lines 52 through 55 :
52 (i) If willing and able, the noncustodial parent may elect to provide care for any minor
53 children during the time the service member is away. The noncustodial parent shall notify the
54 custodial parent of their willingness to provide care as soon as practicable, but not less than
55 five days before the service member is required to leave.
(A) The parents shall arrange a time and place for the delivery of the children
to the noncustodial parent. Except as provided in Subsection (B), a temporary
exchange of physical custody under this Section shall be considered extended parent-
time under Section 78B-12-216.
(B) Notwithstanding Section 78B-12-216, if a noncustodial parent elects to provide care for the minor children during the time the service member is away, child support payments to the custodial parent shall be suspended from the date the custodial parent leaves until the date the custodial parent resumes custodial care of the children.
2. Page 2, Line 56 through Page 3, Line 61 :
56 (ii) If the noncustodial parent is unwilling or unable to provide care for any minor
57 children during the time the service member is away, the service member may make specific
58 arrangements for the housing and care of the minor children during the time the service
59 member will be away.
{
Arrangements
}
Notice of arrangements
made by the
service member shall be provided to the
60
noncustodial parent and may not deprive the noncustodial parent of parent-time during
the60
61 same time period.
The motion passed unanimously with Representatives Grover, Hutchings, McIff, Powell, and Ipson absent for the vote.
The sponsor proceeded to introduce the bill and explain its intent. Major, Patrick Osmond, Legal Representative, Utah National Guard, assisted in the introduction.
Stewart Ralphs, Legal Aid Society, spoke against the bill.
MOTION: Representative Allen moved to amend:
1. Page 3, Lines 66 through 70 :
66 (3) A service member who is deployed, mobilized, or ordered to temporary duty may
67 not be deprived of custodial or parent-time rights while unavailable pursuant to military orders.
68 Any petition, motion, or action before a court attempting to deprive or alter custody or
69 parent-time rights shall be stayed in accordance with Section 39-7-105 and Section 521 of the
70 Federal Servicemembers Civil Relief Act, 50 U.S.C. 511, et seq.
(4) This section does not apply to adoptions.
After committee discussion the motion was withdrawn.
MOTION: Representative Biskupski moved to pass HB 401 out favorably as amended.
SUBSTITUTE
MOTION: Representative Bird moved to adjourn. The motion failed 4-5-4, with Representatives Allen, Bird, Gibson, and Ibson voting in favor of the motion, Representatives Biskupski, Johnson, King, Wheatly, and Fowlke voting against the motion, and Representatives Grover, Hutchings, McIff, and Powell absent for the vote.
Returning to the original motion to pass th bill out favorably, the motion passed 7-2-4, with Representatives Allen and Bird voting against the motion, and Representatives Grover, Hutchings, McIff, and Powell absent for the vote.
As it was time for the committee members to be on the floor of the house, Madam Chair Fowlke called for a motion to adjourn.
MOTION: Representative Ipson moved to adjourn the meeting. The motion passed unanimously with Representatives Grover, Hutchings, McIff and Powell absent for the vote.
Madam Chair Fowlke adjourned the meeting at 10:03 am.
___________________________________
Rep. Lorie Fowlke, Chair