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MINUTES OF THE

HOUSE JUDICIARY STANDING COMMITTEE MEETING

Room W020 - House Building, State Capitol Complex

February 15, 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
                Linda Black, Committee Secretary
                Esther C. McCarty, Associate General Counsel
    

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

Rep. Gibson called the meeting to order at 2:10 p.m.

MOTION:    Rep. Biskupski moved to approve the corrected minutes of February 9, 2011. The motion passed unanimously, with Rep. Brown, Rep. Herrod, Rep. King, Rep. Wilson, and Rep. McIff absent for the vote.

2nd Sub. H.B. 48    Fingerprints of Juveniles (Rep. J. Peterson)

Rep. J. Peterson presented the bill to the committee.

MOTION:    Rep. Ivory moved to replace 2nd Substitute H.B. 48 with 3rd Substitute H.B. 48. The motion passed unanimously with Rep. Herrod, Rep. King, Rep. Ray and Rep. McIff absent for the vote.

Spoke to the bill:    Ron Gordon, Executive Director, CCJJ
            Rick Schwermer, Deputy Director, Administrative Office of the Courts

MOTION:    Rep. Ray moved to pass 3rd Substitute H.B. 48 with a favorable recommendation.

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



1.    Page 1, Lines 17 through 18 :    

             17              .    adjudicated by the juvenile court for an offense that would be a felony
{   or class

             18      A misdemeanor  
}
if committed by an adult; and

2.    Page 2, Lines 50 through 53 :    

             50      a local law enforcement agency if the minor is
{   :

             51          (a) adjudicated for an offense that would be a class A misdemeanor if the minor were
             52      18 years of age or older; or
             53          (b)  
}
adjudicated for an offense that would be a felony if the minor were 18 years of age

3.    Page 3, Lines 57 through 58 :    

             57      who are adjudicated for an offense that would be a felony
{   or a class A misdemeanor   } if the

             58      minor were 18 years of age or older.

Rep. Christensen withdrew the motion to amend.

The original motion passed, with Rep. Wheatley voting in opposition. Rep. Herrod, Rep. King and Rep. McIff were absent for the vote.

H.B. 231    Parent-time Schedule Amendments (Rep. S. Sandstrom)

Rep. Sandstrom presented the bill to the committee.

Spoke to the bill:    Ms. Dani Hartvigsen, citizen
            Ms. Kim Grant, For Childrens' Sake (handout)
            Bill Duncan, Sutherland Institute
            Dan Deuel, American Parental Action League

MOTION:    Rep. Biskupski moved to move to the next item on the agenda. The motion passed unanimously, with Rep. Herrod and Rep. McIff absent for the vote.

H.B. 121    Sexual Solicitation Amendments (Rep. J. Seelig)

Rep. Seelig presented the bill to the committee.



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


1.    Page 2, Line 30 :    

             30          (c)
{   as a manifestation of an   }        with       intent to engage in prostitution:


2.    Page 2, Lines 37 through 38 :    

             37          (d)
{   as a manifestation of an   }        with       intent to engage in prostitution, the person directs another

             38      person to perform
{   one   }        any       of the following acts:


The motion passed unanimously, with Rep. Brown, Rep. Herrod and Rep. McIff absent for the vote.

Spoke in favor of the bill:    Chris Burbank, Chief, Salt Lake City Police Department
                Troy Arnold, Sandy City Police Department
                Paul Boyden, Statewide Area Prosecutors
                Scott Fisher, Acting Salt Lake City Prosecutor
Spoke in opposition
to the bill:        W. Andrew McCullough, Chair, Libertarian Party of Utah

MOTION:     Rep. King moved to pass the bill with a favorable recommendation. The motion passed with Rep. Hutchings voting in opposition. Rep. Ray and Rep. McIff were absent for the vote.

H.B. 281    Sex Offender and Kidnapping Amendments (Rep. F. Cox)

Rep. Cox presented the bill to the committee with the assistance of Jacey Skinner, CCJJ.

MOTION:    Rep. King moved to hold the bill. The motion passed with Rep. Hutchings voting in opposition. Rep. Ray and Rep. McIff were absent for the vote.

MOTION:    Rep. Wilson moved to adjourn the meeting. The motion passed unanimously, with Rep. Herrod, Rep. King, Rep. Ray and Rep. Wheatley absent for the vote.

Rep. Gibson adjourned the meeting at 5:40 p.m



    ___________________________________
                    Rep. Kay McIff, Chair