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MINUTES OF THE

HOUSE JUDICIARY STANDING COMMITTEE MEETING

Room W020 - House Building, State Capitol Complex

February 8, 2011

MEMBERS PRESENT:    Rep. Kay McIff, Chair
                Rep. Francis Gibson, Vice Chair
                Rep. Jackie Biskupski
                Rep. Derek Brown
                Rep. LaVar Christensen
                Rep. Fred Cox
                Rep. Chris Herrod
                Rep. Eric Hutchings
                Rep. Ken Ivory
                Rep. Brian King
                Rep. Paul Ray
                Rep. Mark A. Wheatley
                Rep. Brad Wilson
        
STAFF PRESENT:        Jerry D. Howe, Policy Analyst
                Sylvia Newton, Committee Secretary
    

NOTE:    A list of visitors and a copy of handouts are filed with the committee minutes.

Rep. McIff called the meeting to order at 2:07 p.m.

MOTION:    Rep. Wilson moved to approve the minutes of February 4, 2011 meeting. The motion passed unanimously with Rep. Herrod, Rep. Hutchings, Rep. King, Rep. Ray, Rep. Wheatley, and Rep. Gibson absent for the vote.

H.B. 74S1    Municipal Justice Court Judge Elections (Rep. K. Sumsion)

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

1.    Page 1, Lines 9 through 14 :    

             9          This bill changes the requirements for a retention election vote for
{   municipal   } justice

             10      court judges
{   and the length of the terms of justice court judges   } .

             11      Highlighted Provisions:
             12          This bill:
             13          .    changes the retention election requirements for municipal justice court judges
  in cities of the first, second, and third class       from

             14      the entire county to the municipality where the judge sits;


2.    Page 5, Lines 134 through 144 :    

             134          (7) Upon the expiration of a justice court judge's term of office, the judge shall be
             135      subject to an unopposed retention election [in the county or counties in which the court to
             136      which the judge is appointed is located,] in accordance with the procedures set forth in Section
             137      20A-12-201 [.]:
             138          (a) in the county or counties in which the court to which the judge is appointed is
             139      located if the judge is a county justice court judge
  or a municipal justice court judge in a town or city of the fourth or fifth class       ; or

             140          (b) in the municipality in which the court to which the judge is appointed is located if
             141      the judge is a municipal justice court judge
  and Subsection (7)(a) does not apply       .

             142          (8) Before each retention election, each justice court judge shall be evaluated in
             143      accordance with the performance evaluation program established in [Subsection 78A-2-104 (5)]
             144      Section 78A-12-203 .

The motion to amend the bill passed unanimously with Rep. Herrod and Rep. Ray absent for the vote.

Spoke in favor of the bill:    Becky Pirente, citizen
                Annie Bieker, citizen
                Edward Peltekian, citizen
                Craig Wayman, citizen
                Ryan Peltekian, citizen
                Elaine Damron, citizen

Spoke to the bill:        Rick Schwermer, Administrative Office of the Court

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


1.    Page 1, Lines 9 through 14 :    

             9          This bill changes the requirements for a retention election vote for
{   municipal   } justice

             10      court judges
{   and the length of the terms of justice court judges   } .

             11      Highlighted Provisions:
             12          This bill:
             13          .    changes the retention election requirements for municipal justice court judges
  in cities of the first, second, third, and fourth class       from

             14      the entire county to the municipality where the judge sits;


2.    Page 5, Lines 134 through 144 :                  134          (7) Upon the expiration of a justice court judge's term of office, the judge shall be
             135      subject to an unopposed retention election [in the county or counties in which the court to
             136      which the judge is appointed is located,] in accordance with the procedures set forth in Section
             137      20A-12-201 [.]:
             138          (a) in the county or counties in which the court to which the judge is appointed is
             139      located if the judge is a county justice court judge
  or a municipal justice court judge in a town or city of the fifth class       ; or

             140          (b) in the municipality in which the court to which the judge is appointed is located if
             141      the judge is a municipal justice court judge
  and Subsection (7)(a) does not apply       .

             142          (8) Before each retention election, each justice court judge shall be evaluated in
             143      accordance with the performance evaluation program established in [Subsection 78A-2-104 (5)]
             144      Section 78A-12-203 .


SUBSTITUTE
MOTION:    Rep. Ray moved to pass the bill as amended with a favorable recommendation. The motion failed on a tie vote.

The original motion to amend the bill failed on a tie vote.

MOTION:    Rep. Brown moved to pass 1st Substitute H.B. 74 as amended with a favorable recommendation. The motion passed unanimously with Rep. Gibson absent for the vote.


H.B. 59    Arrest and Requirements - with or Without Warrants (Rep. S. Handy)

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


1.    Page 1, Lines 14 through 16 :    

             14          
  . amends language regarding arrest by a peace officer to refer to "probable cause" rather than "reasonable cause; and

      
.     amends a peace officer's authority to make an arrest without a warrant upon

             15
{  
     reasonable   }
  probable       cause by providing that this authority includes any misdemeanor, rather

             16      than current law which grants the authority to arrest upon
{   reasonable   }        probable       cause to class


2.    Page 2, Lines 36 through 37 :    


             36          (2) when the peace officer has
{   reasonable   }        probable       cause to believe a felony or a [class A]

             37      misdemeanor has been committed and has
{   reasonable   }        probable       cause to believe that the person arrested


3.    Page 2, Lines 39 through 40 :    

             39          (3) when the peace officer has
{   reasonable   }        probable       cause to believe the person has committed a

             40      public offense, and there is
{   reasonable   }        probable       cause for believing the person may:


4.    Page 2, Line 44 :    

             44          (4) when the peace officer has
{   reasonable   }        probable       cause to believe the person has committed


The motion to amend the bill passed unanimously with Rep. Christensen and Rep. Gibson absent for the vote.

Rep. Handy explained the bill to the committee with the assistance of Patrick Nolan, Attorney General's Office.

MOTION:    Rep. Biskupski moved to adjourn. The motion passed unanimously with Rep. Christensen, Rep. King, and Rep. Ray absent for the vote.


H.B. 272    Indigent Defense Act Amendments (Rep. K. McIff)

This bill was not considered.


Rep. McIff adjourned the meeting at 4:04 p.m.






    ___________________________________
                    Rep. Kay McIff, Chair