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MINUTES OF THE HOUSE
LAW ENFORCEMENT AND CRIMINAL JUSTICE STANDING COMMITTEE
Room 25, House Office Building, State Capitol Complex
January 28, 2009



Members Present:    Rep. Douglas Aagard, Chair
            Rep. Curt Oda, Vice Chair
            Rep. Trisha Beck
            Rep. John Dougall
            Rep. Ben Ferry            
            Rep. Richard Greenwood
            Rep. David Litvak            
            Rep. Paul Ray
            Rep. Jennifer Seelig
            Rep. Larry Wiley
            Rep. Carl Wimmer

Members Excused:    Rep. Becky Lockhart

Staff Present:    Mr. Stewart Smith, Policy Analyst
            Ms. Linda Error, Committee Secretary

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

Rep. Aagard called the meeting to order at 8:20 a.m.

Members of the committee were introduced.

H.B. 87    Identity Theft Amendment (Rep. Julie Fisher)

Rep. Fisher presented the bill to the committee with the assistance of Mr. Richard Hamp, Assistant Attorney General.

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

H.B. 36    Criminal Offense Elements and Penalties (Rep. C. Wimmer)

Rep. Wimmer presented the bill to the committee with the assistance of Mr. Paul Boyden, Executive Director, Utah Association of Prosecutors.




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

1.    Page 11, Line 314 :    

             314          (vii) Section
{   76-10-508   }        76-10-508.1       , discharge of a firearm from a vehicle;


The motion to amend passed unanimously, with Rep. Dougall absent for the vote.

MOTION:    Rep. Ferry moved to pass the bill out favorably with a recommendation to hold it in committee until the fiscal impact is determined.

SUBSTITUTE
MOTION:    Rep. Ray moved to proceed to the next item on the agenda. The motion passed unanimously, with Rep. Dougall absent for the vote.

H.B. 29    Sex Offenders' Contact with Children (Rep. R. Greenwood)

Rep. Greenwood presented the bill to the committee with the assistance of Sheriff Kevin Holman, Sanpete County.

Spoke for the bill:    Sheriff Alden Orme, Juab County
            Mr. Reid Richards, Weber County Attorney's Office

MOTION:    Rep. Wimmer moved to proceed to the next item on the agenda. The motion passed unanimously, with Rep. Litvack absent for the vote.

H.B. 41    Sex Offender Registration Amendments (Rep. K. Sumsion)

Rep. Sumsion presented the bill to the committee with the assistance of Mr. Mike Haddon, Deputy Director, Utah Department of Corrections.

Spoke for the bill:    Mr. Bob Church, prosecuting attorney, Orem City
            Mr. Jerry Higgins, Police Chief, Saratoga Springs City

MOTION:    Rep. Wiley moved to proceed to the next item on the agenda. The motion passed unanimously, with Rep. Litvack and Rep. Greenwood absent for the vote.

H.B. 106    Controlled Substance Database Amendments (Rep. B. Daw)

Rep. Daw presented the bill to the committee with the assistance of Ms. Michelle Mc Omber, Utah Medical Association.


Spoke for the bill:    Ms. Debra Hobbins, Utah Nurses Association

Spoke to the bill:    Mr. Ray Chapman, Sunset City Councilman
            Mr. Tom Vaugh, Office Legislative Research and General Counsel

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

1.    Page 6, Lines 178 through 180 :    

             178          (B) provides the employee with a
{   unique   } password        that is unique to that employee       to access the database in order to

             179      permit the division to comply with the requirements of Subsection (6)(b) with respect to the
             180      employee;

The motion to amend passed unanimously, with Rep. Dougall, Rep. Greenwood, Rep. Litvack, and Rep. Wiley absent for the vote.

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

H.B. 37    Violent Offenses Amendments (Rep. J. Seelig)

    This bill was not heard in this meeting.

MOTION;    Rep. Ray moved to adjourn the meeting. The motion passed unanimously, with Rep. Dougall, Rep. Greenwood, Rep. Litvack, and Rep. Wiley absent for the vote.

Rep. Aagard adjourned the meeting at 9:50 a.m.








                        ___________________
                        Rep. Douglas Aagard, Chair