Link to Zipped WordPerfect Minutes 7K bytes

MINUTES OF THE HOUSE
LAW ENFORCEMENT AND CRIMINAL JUSTICE STANDING COMMITTEE
Room 25, House Office Building, State Capitol Complex
February 4, 2010


Members Present:    Rep. Douglas Aagard, Chair
            Rep. Curt Oda, Vice Chair
            Rep. Trisha Beck                            
            Rep. Richard Greenwood                        
            Rep. Becky Lockhart
            Rep. Paul Ray
            Rep. Jennifer Seelig
            Rep. Larry Wiley
            Rep. Carl Wimmer

Members Absent:    Rep. Ben Ferry
            Rep. David Litvak            

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 8:08 a.m.

MOTION:    Rep. Beck moved to approve the minutes of the February 2, 2010 meeting. The motion passed unanimously, with Rep. Ray, Rep. Oda, Rep. Seelig and Rep. Wiley absent for the vote.

H.B. 103    Reduced Speed School Zone Amendments (Rep. S. Sandstrom)

Rep. Sandstrom presented the bill to the committee with the assistance of Ms. Judy Day, Utah Parent Teacher Association.

Spoke for the bill:    Ms. Tamara Lowe, Utah School Board Association
            Mr. Doug Finch, principle, Cascade Elementary

MOTION:    Rep. Wimmer moved to pass the bill out with a favorable recommendation. The motion passed unanimously, with Rep. Lockhart, Rep. Seelig and Rep. Wiley absent for the vote.



H.B. 96    Libel Amendments (Rep. Julie Fisher)

Rep. Fisher presented the bill to the committee with the assistance of Mr. Charlie Luke, American Public Policy Alliance. (handout)

MOTION:    Rep. Wimmer moved to pass the bill out with a favorable recommendation.
        The motion passed unanimously, with Rep. Lockhart absent for the vote.

H.B. 110    County Jail Inmate Medical Costs (Rep. B. Daw)

Rep. Daw presented the bill to the committee with the assistance of Mr. Alan Bennett, nurse supervisor, Utah County Jail.

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

1.    Page 1, Lines 20 through 26 :    

             20              .    deducting the costs from the inmate's cash account on deposit with the jail
  during the inmate's incarceration or during a subsequent incarceration if the subsequent incarceration occurs within the same county and the incarceration is within three years of the date of the expense in behalf of the inmate       ; or

             21              .    placing a lien against the inmate's personal property
{   , to provide payment in the

             22      event funds become available at a later time   }
  held by the jail       ;

             23          
{   .    provides that an existing lien may be carried over to a subsequent incarceration of

             24      the same inmate if the subsequent incarceration takes place within the county
             25      originating the lien and the future incarceration takes place within three years of the
             26      date the lien was placed against the prisoner's personal property;   } and

2.    Page 3, Lines 82 through 83 :    

             82          (ii) placing a lien for the amount of the expense against the inmate's personal property
{   ,

             83      to provide reimbursement in the event funds become available at a later time.   }
  held by the jail.      


The motion to amend passed unanimously, with Rep. Lockhart, Rep. Wiley and Rep. Wimmer absent for the vote.

Spoke for the bill:    Mr. Dale Bench, host services, Utah County Jail

MOTION:    Rep. Beck moved to pass the bill out with a favorable recommendation. The motion passed unanimously, with Rep. Lockhart absent for the vote.

H.B. 251    Admission of Affidavits into Evidence (Rep. R. Lockhart)

Rep. Lockhart presented the bill to the committee with the assistance of Mr. Pat Nolan, prosecutor, Utah Attorney Generals' Office. (handout)

Spoke against the bill:    Mr. Kent Hart, Utah Association of Criminal Defense Lawyers

Spoke to the bill:        Mr. Rick Schwermer, Assistant State Court Administrator
                Ms. Pilar Shortsleeve, Utah State Crime Lab
                Mr. Paul Boyden, Utah Statewide Association of Prosecutors
                Ms. Gambrelli Layco, Utah State Toxicology Lab

MOTION:    Rep. Ray moved to pass the bill out with a favorable recommendation. The motion passed, with Rep. Wiley voting in opposition. Rep. Seelig was absent for the vote.    
                
S.B. 83    Bail Bond Recovery Amendments (Sen. J. Greiner)

Sen. Greiner presented the bill to the committee with the assistance of Mr. Doug Anderson, Bureau of Criminal Identification.

MOTION:    Rep. Greenwood moved to adjourn the meeting. The motion passed unanimously.

Rep. Aagard adjourned the meeting at 9:30 a.m.





                        ___________________
                        Rep. Douglas Aagard, Chair