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LAW ENFORCEMENT AND CRIMINAL JUSTICE STANDING COMMITTEE
Room 25, House Office Building, State Capitol Complex
February 13, 2009
Members Present: Rep. Douglas Aagard, Chair
Rep. Curt Oda, Vice Chair
Rep. Trisha Beck
Rep. John Dougall
Rep. Richard Greenwood
Rep. David Litvak
Rep. Paul Ray
Rep. Jennifer Seelig
Rep. Larry Wiley
Rep. Carl Wimmer
Members Excused: Rep. Ben Ferry
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. Oda called the meeting to order at 2:15 p.m.
MOTION: Rep Greenwood moved to approve the minutes of the February 11, 2009 meeting.
The motion passed unanimously, with Rep. Ray and Rep. Wiley absent for the vote.
H.B. 221 County Correctional Facilities Funding Amendments (Rep. M. Noel)
Rep. Noel reviewed the bill which was previously presented in the February 11, 2009 meeting.
Spoke against the bill: Mr. Tom Patterson, Utah Department of Corrections
Spoke for the bill: Mr. Reed Richard, Weber County Attorney's Office
Mr. Brent Gardner, Utah Association of Counties
MOTION: Rep. Greenwood moved to pass the bill out favorably. The motion passed unanimously, with Rep. Dougall absent for the vote.
H.B. 151 Motor Vehicle Forfeiture Amendments (Rep. C. Herrod)
Rep. Herrod presented the bill to the committee with the assistance of Mr. Paul Boyden, Statewide Association of Prosecutors.
MOTION: Rep. Ray moved to adopt 1st Substitute H.B. 151. The motion passed unanimously, with Rep. Beck absent for the vote.
Spoke for the bill: Mr. Chad Platt, Statewide Association of Prosecutors
Mr. Art Brown, President, MADD of Utah
MOTION: Rep. Wimmer moved to amend the bill as follows:
1. Page 3, Line 62 :
62 (b) the operator of the vehicle has previously been convicted of
a violation
committed after May 29, 2009 of
:
The motion to amend passed unanimously.
MOTION: Rep. Litvack moved to amend the bill as follows:
1. Page 3, Lines 63 through 64 :
63 (i) a felony driving under the influence violation under Section 41-6a-502 ;
64 (ii) a felony violation of Subsection 58-37-8 (2)
{
(b)
}
(g)
; or
The motion to amend passed unanimously.
MOTION: Rep. Wiley moved to pass the bill out favorably. The motion passed unanimously.
H.B. 299 Unlawful Detainer Amendments (Rep. G. Froerer)
Rep. presented the bill to the committee with the assistance of Mr. Matt Wadsworth, attorney, Lundberg and Associates.
MOTION: Rep. Greenwood moved to adopt 1st Substitute H.B. 299. The motion passed unanimously, with Rep. Seelig absent for the vote.
MOTION: Rep. Ray moved to amend the bill as follows:
1. Page 3, Lines 85 through 87 :
85 (2) (a) In an action for unlawful detainer
{
[
}
where the claim is for
nonpayment of rent
{
]
}
or for occupancy of a property after a forced sale as
described in
78B-6-802(1)(i)
,
86 the court shall hold an evidentiary hearing, upon request of either party, within ten days after
87 the day on which the defendant files the defendant's answer.
The motion to amend passed unanimously, with Rep. Seelig absent for the vote.
Spoke to the bill: Mr. Shawn Teigan, Utah Community Action Partnership
Ms. Francisca Blanc, Utah Housing Coalition
Spoke against the bill: Mr. Martin Bloustein, Utah Legal Services
MOTION: Rep. Ray moved to pass the bill out favorably. The motion passed, with Rep. Wiley voting in opposition.
H.B. 290 Prohibition of Wireless Communication Device Use in a Motor Vehicle (Rep. S. Clark)
Rep. Clark presented the bill to the committee.
MOTION: Rep. Ray moved to amend the bill as follows:
1. Page 1, Line 13: before "motor" insert "moving"
Line 18: before "motor" insert "moving"
2. Page 2, Line 36: before "motor" insert "moving"
Line 48: before "motor" insert "moving"
The motion to amend passed unanimously, with Rep. Litvack absent for the vote.
H.B. 281 Wireless Communication Device Use Limitations While Operating a Motor Vehicle (Rep. P. Ray)
Rep. Ray presented the bill to the committee.
MOTION: Rep. Ray moved to amend the bill as follows:
1. Page 1, Line 16 :
16 or electronic mail communication while operating a
moving
motor vehicle on a
highway in
2. Page 1, Line 19 :
19
moving
motor vehicle in a reduced speed school zone or a public parking lot unless
the
3. Page 1, Line 23 :
23 communication device while operating a
moving
motor vehicle on a highway in this
state;
4. Page 2, Line 40 :
40 operating a
moving
motor vehicle -- Exceptions -- Penalty.
5. Page 2, Line 52 :
52
moving
motor vehicle on a highway in this state.
6. Page 2, Line 54 :
54 communication device while operating a
moving
motor vehicle within a reduced
speed school zone as
7. Page 3, Line 80 :
80 while operating a
moving
motor vehicle upon a highway of this state.
The motion to amend passed unanimously, with Rep. Litvack and Rep. Wimmer absent for the vote.
At the request of Rep. Oda public comment for H.B. 290 and H.B. 281 was heard simultaneously.
Spoke for the bills: Ms. Marilyn Larsen, citizen
Mr. Robert Craven, Amateur Radio Emergency Services
Spoke against the bills: Mr. Michael Tingey, insurance agent
Mr. Rob Latham, Utah Association of Criminal Defense Lawyers
MOTION: Rep. Greenwood moved to pass H.B. 290 out favorably.
SUBSTITUTE
MOTION: Rep. Wimmer moved to proceed to the next item on the agenda. The motion passed, with Rep. Seelig voting in opposition. Rep. Litvack was absent for the vote.
H.B. 317 Capital Felony Amendments (Rep. C. Wimmer)
Rep. Wimmer presented the bill to the committee with the assistance of Mr. Paul Boyden, Statewide Association of Prosecutors.
MOTION: Rep. Wiley moved to pass the bill out favorably. The motion passed unanimously, with Rep. Litvack absent for the vote.
MOTION: Rep. Ray moved to adjourn the meeting. The motion passed unanimously, with Rep. Litvack absent for the vote.
Rep. Oda adjourned the meeting at 5:10 p.m.
___________________
Rep. Douglas Aagard, Chair