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MINUTES OF THE HOUSE
LAW ENFORCEMENT AND CRIMINAL JUSTICE STANDING COMMITTEE
Room 25, House Office Building, State Capitol Complex
February 17, 2010



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

Members Absent:    Rep. David Litvak
            Rep. Jennifer Seelig

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 8:13 a.m.

MOTION:    Rep. Wiley moved to approve the minutes of the February 12, 2010 meeting. The motion passed unanimously, with Rep. Ferry, Rep. Greenwood and Rep. Wimmer absent for the vote.

H.J.R. 16    Joint Resolution Supporting Kane County Expansion of Correctional Facilities (Rep. M. Noel)

Rep. Noel presented the resolution to the committee.

MOTION:    Rep. Wily moved to pass the resolution out with a favorable recommendation. The motion passed unanimously, with Rep. Ferry and Rep. Greenwood absent for the vote.

S.B. 83    Bail Bond Recovery Amendments (Sen. J. Greiner)

MOTION:    Rep. Ray moved to send the bill to interim for further study. The motion passed unanimously, with Rep. Greenwood absent for the vote.



H.B. 119    Motor Vehicle Impound Amendments (Rep. C. Oda)

Rep. Oda presented the bill to the committee with the assistance of:
     Steve Gary, AMS Towing
    Clay Hanson, Carstar Collision Repair.

Spoke against the bill:    Rob Latham, Utah Association of Criminal Defense Lawyers

MOTION:    Rep. Ray moved to proceed to the next item on the agenda. The motion passed with Rep. Oda voting in opposition. Rep. Ferry and Rep. Lockhart were absent for the vote.

H.B. 187    Peace Officer Standards and Training Amendments (Rep. C. Wimmer)

Rep. Wimmer presented the bill to the committee with the assistance of:
    Scott Stephenson, Director, Police Officer Standards and Training
    Kelly Atkinson, Fraternal Order of Police

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

1.    Page 1, Lines 23 through 26 :    

             23              .    addiction to alcohol or controlled substances unless the peace officer reports the
             24      addiction to the employer and the director
  ; and            {   and temporarily surrenders

             25      certification until the employer certifies that the peace officer has been
             26      medically cleared to return to active duty; and  
}


2.    Page 8, Lines 219 through 224 :    

             219          (c) is addicted to alcohol or any controlled substance, unless
{   :   }

             220          
{   (i)   } the peace officer reports the addiction to the employer and to the director as part of a

             221      departmental early intervention process;
{   and   }

             222          
{   (ii) the peace officer temporarily surrenders the peace officer's certification as part of a

             223      departmental early intervention process until the employer certifies that the peace officer has
             224      been medically cleared to return to active duty;  
}



The motion to amend passed unanimously, with Rep. Ferry, Rep. Greenwood, Rep. Lockhart and Rep. Oda absent for the vote.

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

1.    Page 8, Lines 231 through 236 :    

             231          (g) is dismissed from military service for
{   any reason other than an honorable discharge,

             232      including:
             233          (i)  
}
a bad conduct
{   discharge;

             234          (ii)  
}
  or       a dishonorable discharge      {   ;

             235          (iii) any type of administrative discharge; or
             236          (iv) a less than honorable discharge  
}
.

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

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

H.B. 296    Choice of Law in Utah Courts (Rep. C. Wimmer)

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

H.B. 301    Disorderly Conduct Amendments (Rep. C. Wimmer)

Rep. Wimmer presented the bill to the committee.

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

MOTION:    Rep. Ray moved to adjourn the meeting. The motion passed unanimously, with Rep. Ferry and Rep. Lockhart absent for the vote.



                        ___________________
                        Rep. Douglas Aagard, Chair