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LAW ENFORCEMENT AND CRIMINAL JUSTICE STANDING COMMITTEE
Room 25, House Office Building, State Capitol Complex
February 17, 2011
Members Present: Rep. Curt Oda, Chair
Rep. Richard Greenwood, Vice Chair
Rep. Patrice Arent
Rep. David Butterfield
Rep. Steve Eliason
Rep. Don Ipson
Rep. David Litvack
Rep. Lee Perry
Rep. Jennifer Seelig
Rep. Carl Wimmer
Rep. Bill Wright
Members Absent: Rep. Keith Grover
Rep. Greg Hughes
Staff Present: Mr. Stewart Smith, Policy Analyst
Ms. Sylvia Newton, Committee Secretary
Note: A list of visitors and a copy of handouts are filed with the committee minutes.
Rep. Greenwood called the meeting to order at 8:04 a.m.
MOTION: Rep. Arent moved to approve the minutes of the February 11, 2011 meeting. The motion passed with Rep. Ipson, Rep. Wimmer, Rep. Wright, and Rep. Oda absent for the vote.
S.B. 58 Crime Victims Reparations Revisions (Sen. J. S. Adams)
Sen. Adams explained S.B. 58 to the committee, assisted by Mel Wilson, Director, Crime Victims Reparations.
MOTION: Rep. Perry moved to amend the bill as follows:
1. Page 2, Line 58 through Page 3, Line 59 :
58 ENACTS:
59
{
63M-7-508.5, Utah Code Annotated 1953
}
2. Page 6, Line 168 :
168 (v) the Career Service Review
{
Board
}
Office
;
3. Page 8, Line 232 :
232 [
and Assistance
Board
created under Section
4. Page 12, Line 362 through Page 13, Line 370 :
362 (3) If, due to reparation payments to a victim, the Utah Office for Victims of Crime
363 [
364 for restitution or a portion of the restitution, the office may file with the sentencing court a
365 notice of the assignment. The notice of assignment shall be signed by the victim and a
366 reparations officer and shall
{
state the amount of the claim assigned
}
contain
an affidavit detailing the specific amounts of pecuniary damages paid on behalf of
the victim. A copy of the notice of assignment and affidavit shall be mailed by
certified mail to the defendant at his last known address 20 days prior to sentencing,
entry of any judgment or order of restitution, or modification of any existing
judgment or order of restitution. Any objection by the defendant to the imposition
or amount of restitution shall be made at the time of sentencing or in writing within
20 days of the receipt of notice, to be filed with the court and a copy mailed to the
office. Upon the filing of the objection, the court shall allow the defendant a full
hearing on the issue as provided by Subsection 77-38a-302(4)
.
367 (4)
{
Upon
}
If no objection is made or filed by the defendant, then
upon
conviction and sentencing [of the defendant], the court shall enter a [civil]
368 judgment for complete restitution [
369 provisions of Subsections 76-3-201 (4)(c) and (d) and identify the office as the assignee of the
370 assigned portion of the judgment and order of restitution.
5. Page 17, Line 518 through Page 18, Line 538 :
518
{
Section 13.
Section
63M-7-508.5
is enacted to read:
519 63M-7-508.5. Assistance officers duties and functions.
520 Assistance officers shall, in addition to assignments made by the director and under the
521 supervision of the victim services program coordinator:
522 (1) apply for grant funds made available by the United States, the state, foundations,
523 corporations, and other businesses and agencies, or individuals;
524 (2) monitor, account for, and prepare all reports required by statute or rule by the grant
525 funding entity;
526 (3) advise and assist the program coordinator and board in developing policies and
527 procedures for screening, awarding contracts, and disbursing of grant funds to subgrantees for
528 the development and administration of victim service programs statewide;
529 (4) render periodic reports as requested by the board concerning;
530 (a) the status, development, and implementation of victim assistance programs
531 statewide; and
532 (b) quarterly financial reports as to grant fund balances and disbursements;
533 (5) engage in periodic financial and programmatic site reviews and audits of
534 subgrantee victim assistance programs;
535 (6) provide, coordinate, and assist in the development of statewide training of victim
536 service providers and associated criminal justice agencies; and
537 (7) assist the director and board in performing any other acts necessary for the office or
538 board to successfully fulfill its statutory duties or objectives. }
6. Page 22, Lines 666 through 667 :
666 (c) In addition to any other sentence the court may impose, the court, pursuant to the
667 provisions of Sections 63M-7-503 and
{
77-38-a-401
}
77-38a-401
, shall enter:
7. Page 22, Lines 672 through 675 :
672 (d) In determining whether to order that the restitution required under Subsection (4)(c)
673 be reduced or that the defendant be exempted from the restitution, the court shall consider the
674 criteria under Subsections 77-38a-302 (5)(c)(i) through (iv) and provide
{
written
}
findings of its
675 decision on the record.
The motion to amend the bill passed unanimously with Rep. Ipson, Rep. Wimmer, Rep. Wright, and Rep. Oda absent for the vote.
MOTION: Rep. Arent moved to pass S.B. 58 as amended with a favorable recommendation. The motion passed unanimously with Rep. Wimmer absent for the vote.
H.B. 154 Mobile Tracking Devices (Rep. D. Brown)
This bill was not considered.
H.C.R. 16 Resolution Supporting Utah Highway Patrol Use of White Crosses as Roadside Memorial (Rep. L. Perry)
MOTION: Rep. Perry moved to amend the bill as follows:
1. Page 1, Lines 1 through 2 :
1
2
OR OTHER APPROPRIATE SYMBOLS
AS ROADSIDE
2. Page 1, Lines 25 through 26 :
25 This concurrent resolution of the Legislature and the Governor supports the placement
26 of white crosses
or other appropriate symbols
as roadside memorials to honor
patrol officers killed in the line of duty.
3. Page 3, Lines 71 through 72 :
71 Governor concurring therein, express support for the Utah Highway Patrol's and the Utah
72 Highway Patrol Association's use of white crosses, or other appropriate
{
marker
}
symbols
as requested by
The motion to amend the bill passed unanimously.
Rep. Perry explained the bill and the amendment. He declared a conflict of interest.
Rep. Greenwood relinquished the chair to Rep. Oda.
MOTION: Rep. Ipson moved to pass H.C.R. 16, Resolution Supporting Utah Highway Patrol Use of White Crosses or Other Appropriate Symbols, with a favorable recommendation. The motion passed unanimously with Rep. Wright and Rep. Greenwood absent for the vote.
MOTION: Rep. Litvack moved to place H.C.R. 16 on the Consent Calendar. The motion passed unanimously with Rep. Wright and Rep. Greenwood absent for the vote.
S.B. 135 Department of Public Safety Duties Amendments (Sen. D. Thatcher)
Sen. Thatcher explained S.B. 135 to the committee, assisted by Alice Moffat, Bureau Chief, Bureau of Criminal Identification.
MOTION: Rep. Ipson moved to pass S.B. 135 with a favorable recommendation. The motion passed unanimously with Rep. Wright and Rep. Greenwood absent for the vote.
MOTION: Rep. Ipson moved to adjourn. The motion passed unanimously with Rep. Greenwood absent for the vote.
Rep. Oda adjourned the meeting at 8:37 a.m.
___________________
Rep. Curtis Oda, Chair