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Rep. Jim Bird, Vice Chair
Rep. Sheryl L. Allen
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. Mark A. Wheatley
STAFF PRESENT: Jerry D. Howe, Policy Analyst
H.B. 293 Victims' Rights Amendments (Rep. R. C. Webb)
This bill was not heard at the sponsor's request.
H.B. 138 Hazing Penalties (Rep. C. Moss)
Rep. Moss explained the bill to the committee, assisted by George Stark and Angie Stallings, Office of Legislative Research and General Counsel.
Spoke to the bill: Paul Boyden, Utah Statewide Association of Prosecutors.
MOTION: Rep. Hutchings moved to amend H.B. 138 as follows:
1. Page 1, Lines 14 through 15 :
14 . prohibits a court from allowing a defendant from entering a plea in abeyance related
15 to a hazing charge
in certain circumstances
if the hazing results in the death of a
person; and
2. Page 2, Lines 58 through 60 :
58 (4) (a) The sentencing court may not allow a person charged with hazing pursuant to
59
{
this section
}
Subsections 3(b) (c) (d) and (e)
to enter a plea in abeyance
to the charge if the hazing resulted in the death of a
60 person.
SUBSTITUTE
MOTION: Rep. McIff moved to adopt Amendment 1 under Rep. Biskupski's name as follows:
1. Page 1, Lines 11 through 16 :
11 This bill:
12 . provides a penalty for a charge of hazing when an alcoholic product, drug, or other
13 substance is involved;
and
14
{
. prohibits a court from allowing a defendant from entering a plea in
abeyance related
15 to a hazing charge if the hazing results in the death of a person; and }
16 . makes technical changes.
2. Page 2, Line 51 through Page 3, Line 61 :
51 (ii) the use of
an
alcoholic product as defined in Section
32A-1-105
; or
52 (iii) the use of a drug or a substance as defined in Section 76-5-113 ;
53 (c) third degree felony if the act involves the use of a dangerous weapon as defined in
54 Section 76-1-601 ;
55 (d) third degree felony if the hazing results in serious bodily injury to a person; or
56 (e) second degree felony if hazing under Subsection (3)(d) involves the use of a
57 dangerous weapon as defined in Section 76-1-601 .
58
{
(4) (a) The sentencing court may not allow a person charged with hazing
pursuant to
59 this section to enter a plea in abeyance to the charge if the hazing resulted in the death of a
60 person. }
61
{
[
}
(4)
{
]
}
{
(b)
}
A person who in good faith reports or participates in
reporting of an alleged
The substitute motion to amend H.B. 138 passed with Rep. Biskupski, Rep. Hutchings, Rep. Johnson and Rep. Wheatley voting in opposition.
MOTION: Rep. Biskupski moved to pass H.B. 138 as amended with a favorable recommendation. The motion passed with Rep. Fowlke, Rep. Grover and Rep. Hutchings voting in opposition.
Rep. Fowlke adjourned the meeting at 9:50 a.m.
___________________________________
Rep. Lorie Fowlke, Chair