Link to Zipped WordPerfect Minutes 8K bytes
LAW ENFORCEMENT AND CRIMINAL JUSTICE STANDING COMMITTEE
Room 25, House Office Building, State Capitol Complex
February 18, 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. Becky Lockhart
Rep. Paul Ray
Rep. Carl Wimmer
Members Absent: Rep. Ben Ferry
Rep. Jennifer Seelilg
Rep. Larry Wiley
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 8:10 a.m.
MOTION: Rep. Beck moved to approve the minutes of the February 13, 2009 meeting. The motion passed unanimously, with Rep. Litvack, Rep. Oda, and Rep. Wimmer absent for the vote.
H.B. 208 Modification of Exemption from Nonresident Tuition (Rep. R. Greenwood)
Rep. Greenwood presented the bill to the committee.
Spoke for the bill: Mr. Ronald Mortensen, Citizen Coalition on Illegal Immigration
Mr. Eli Cawley, Utah Minuteman Project
Spoke against the bill: Mr. Patrick Reimherr, President, Associated Students of The University of Utah
Mr. Jonathon Hayes,Vice President, Associated Students of The University of Utah
MOTION: Rep. Ray moved to pass the bill out favorably.
SUBSTITUTE
MOTION: Rep. Litvack moved to proceed to the next item on the agenda. The motion failed, with Rep. Beck and Rep. Litvack voting in favor.
The original motion to pass the bill out favorably passed, with Rep. Litvack voting in opposition.
H.B. 204 Concealed Firearms Instructors Amendments (Rep. C. Oda)
Rep. Oda presented the bill to the committee.
MOTION: Rep. Oda moved to adopt 1st Substitute H.B. 204. The motion passed unanimously, with Rep. Beck, Rep. Litvack, and Rep. Lockhart absent for the vote.
MOTION: Rep. Wimmer moved to pass the bill out favorably. The motion passed unanimously, with Rep. Litvack and Rep. Lockhart absent for the vote.
H.B. 314 Dna Sample for Criminal Offenses - Amendments (Rep. R. Greenwood)
Rep. Greenwood presented the bill to the committee with the assistance of Mr. Jay Henry, Lab Director, Department of Public Safety.
MOTION: Rep. Greenwood moved to amend the bill as follows:
1. Page 1, Lines 14 through 15 :
14 . requires that a DNA specimen shall be obtained from a person convicted of
{
an
15 assault }
an offense of class B misdemeanor domestic violence assault
,
{
which is a class B misdemeanor,
}
in addition to current requirements for
2. Page 1, Lines 17 through 19 :
17 . provides that a DNA specimen is not to be taken from a minor who commits
{
an
18 assault }
a class B misdemeanor domestic violence assault offense
;
19 . requires a person convicted of
{
an assault
}
a class B misdemeanor
domestic violence assault offense
to also pay the fee of $100 for the costs of
3. Page 2, Lines 47 through 48 :
47 (ii) on and after May 12, 2009,
{
assault,
}
a class B misdemeanor
offense of
under
}
as defined
{
Section
domestic violence assault
, {48 76-5-102 }
in Subsection 77-36-1(4)(b)
, except that a DNA specimen may not be
taken from a minor whom the court has
4. Page 2, Line 50 :
50 class B
{
assault
}
misdemeanor domestic violence assault
offense; or
The motion to amend passed unanimously, with Rep. Litvack and Rep. Lockhart absent for the vote.
Spoke to the bill: Mr. John Hiskey, Deputy Mayor, Sandy City
MOTION: Rep. Ray moved to amend the bill as follows:
1. Page 1, Line 19 :
19 . requires a person convicted of an assault to also pay the fee of
{
$100
}
$200
for the costs of
2. Page 3, Line 77 :
77 the [
{
$100
}
$200
for the cost of
3. Page 3, Line 83 :
83 (ii) An agency's guidelines and procedures may provide for the assessment of
{
$100
}
$200
on
4. Page 3, Line 85 :
85 the
{
$100
}
$200
is paid in full.
5. Page 3, Line 88 :
88 deposit
{
$80
}
$180
of the fee in the DNA Specimen Restricted Account and
retain the balance of $20
The motion to amend passed, with Rep. Aagard voting in opposition. Rep. Litvack and Rep. Lockhart were absent for the vote.
MOTION: Rep. Greenwood moved to pass the bill out favorably. The motion passed, with Rep. Ray and Rep. Wimmer voting in opposition. Rep. Litvack and Rep. Lockhart were absent for the vote.
S.B. 85 Homicide Amendments (Sen. S. Urquhart)
Sen. Urquhart presented the bill to the committee with the assistance of Mr. Creighton Horton, Office of the Attorney General.
MOTION: Rep. Wimmer moved to pass the bill out favorably. The motion passed unanimously, with Rep. Litvack and Rep. Lockhart absent for the vote.
S.B. 145 Public Safety Retirees Death Benefit Revisions (Sen. J. Greiner)
Sen. Greiner presented the bill to the committee. (handout)
Spoke for the bill: Mr. Kelly Atkinson, Fraternal Order of Police
MOTION: Rep. Dougall moved to pass the bill out favorably. The motion passed unanimously, with Rep. Beck, Rep. Litvack, and Rep. Lockhart absent for the vote.
H.B. 276 Custodial Interference Amendments (Rep. C. Wimmer)
This bill was not heard.
MOTION: Rep. Ray moved to adjourn the meeting. The motion passed unanimously, with Rep. Beck, Rep. Litvack, and Rep. Lockhart absent for the vote.
Rep. Aagard adjourned the meeting at 9:50 a.m.
___________________
Rep. Douglas Aagard, Chair