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Rep. Francis Gibson, Vice Chair
Rep. Jackie Biskupski
Rep. Derek Brown
Rep. LaVar Christensen
Rep. Fred Cox
Rep. Chris Herrod
Rep. Ken Ivory
Rep. Paul Ray
Rep. Mark A. Wheatley
Rep. Brad Wilson
Rep. Brian King
Rep. McIff called the meeting to order at 8:05 a.m.
MOTION: Rep. Biskupski moved to approve the minutes of February 15, and February 17, 2011. The motion passed unanimously, with Rep. Brown, Rep. Christensen, and Rep. Herrod absent for the vote.
S.B. 143 Judiciary Amendments (Sen. L. Hillyard)
Sen. Hillyard presented the bill to the committee.
Spoke to the bill: Rick Schwermer, Deputy Director, Administrative Office of the Courts
MOTION: Rep. Gibson moved to pass S.B. 143 with a favorable recommendation. The motion passed unanimously, with Rep. Brown absent for the vote.
H.B. 324 HIV Testing of Alleged Sex Offenders (Rep. R. Greenwood)
Rep. Greenewood presented the bill to the committee.
MOTION: Rep. Biskupski moved to amend the bill as follows:
1. Page 8, Line 242 through Page 9, Line 245 :
242 (1) [
{
juvenile
}
minor
[as provided
243
, petition,
or an
information
{
approved by a
244 judge alleges has committed }
has been filed alleging the commission of
a
sexual offense or an attempted sexual offense under Title 76,
245 Chapter 5, Part 4, Sexual Offenses
, and regarding which a judge has signed an
accompanying arrest warrant, pick up order, or any other order based upon
probable cause regarding the alleged offense
.
2. Page 10, Lines 283 through 287 :
283 (1) (a)
{
If an indictment or information alleges that a person who is an adult
or a
284 juvenile has committed a sexual offense or an attempted sexual offense, the }
An
alleged victim of
285 the
sexual
offense
, the parent or guardian of an alleged victim who is a minor,
or the guardian of an alleged victim who is a vulnerable adult as defined in Section
62A-3-301
{
described in the indictment or information
}
may request that the
alleged
sexual
offender
286 against whom the indictment
{
or
}
,
information
, or petition
is filed be
tested to determine whether the alleged
287 offender is an HIV positive individual.
3. Page 10, Lines 297 through 298 :
297 (ii) the parent or guardian of the alleged victim, if the alleged victim is a minor
;
(iii) the legal guardian of the alleged victim if the victim is a vulnerable adult as defined in Section 62A-3-301
; and
298
{
(iii)
}
(iv)
the alleged offender.
4. Page 10, Line 304 :
(iii) the legal guardian of the alleged victim if the victim is a vulnerable adult
as defined in Section 62A-3-301;
and
304
{
(iii)
}
(iv)
the alleged offender.
5. Page 10, Line 306 :
306 or [
{
juvenile
}
minor
offender is already confined in a
county jail, state prison, or a
6. Page 14, Lines 402 through 403 :
402 Chapter 5, Part 4, Sexual Offenses, upon the request of the victim
{
or
}
,
the
parent or guardian of a
403 [
, or the legal guardian of the alleged
victim if the victim is a vulnerable adult as defined in Section 62A-3-301
.
7. Page 14, Lines 406 through 407 :
406 Offenses, upon the request of the victim
{
or
}
,
the parent or guardian of a victim
younger than 14
407 years of age
, or the legal guardian of the alleged victim if the victim is a vulnerable
adult as defined in Section 62A-3-301
.
The motion passed unanimously, with Rep. Brown, Rep. Christensen, Rep. Herrod and Rep. Gibson absent for the vote.
Spoke to the bill: Susan Chasson, Utah Coalition Against Sexual Assault
Dan Duell, Weber County Nine-Twelve Project
Spoke in favor of the bill: Sumiko Scott, parent
Vicky Proctor, victim advocate
MOTION: Rep. Cox moved to amend the bill as follows:
1. Page 10, Lines 297 through 298 :
297 (ii) the parent or guardian of the alleged victim, if the alleged victim is a minor;
{
and
}
298 (iii) the alleged offender
; and
(iv) the parent or guardian of the alleged offender, if the alleged offender is a minor
.
2. Page 10, Lines 302 through 304 :
302 (ii) the parent or guardian of the alleged victim if the alleged victim is younger than 18
303 years of age;
{
and
}
304 (iii) the alleged offender
(iv) the parent or guardian of the alleged offender, if the alleged offender is a
minor
.
The motion passed unanimously.
MOTION: Rep. Christensen moved to pass H.B. 324, as amended, with a favorable recommendation. The motion passed unanimously.
H.B. 45 Vehicle Impound Amendments (Rep. J. Peterson)
This bill was not considered
1st Sub. H.B. 59 Arrest and Requirements - with or Without Warrants (Rep. S. Handy)
At the request of the sponsor, this bill was not considered.
S.B. 133 Grand Jury Amendments (Sen. J. Valentine )
At the request of the sponsor, this bill was not considered.
MOTION: Rep. Gibson moved to adjourn the meeting. The motion passed unanimously.
Rep. McIff adjourned the meeting at 9:00 a.m.
___________________________________
Rep. Kay McIff, Chair