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MINUTES OF THE HOUSE
LAW ENFORCEMENT AND CRIMINAL JUSTICE STANDING COMMITTEE
Room 25, House Office Building, State Capitol Complex
March 1, 2011




Members Present:    Rep. Curt Oda, Chair
            Rep. Richard Greenwood, Vice Chair
            Rep. Patrice Arent            
            Rep. David Butterfield                        
            Rep. Steve Eliason
            Rep. Keith Grover
            Rep. Greg Hughes                            
            Rep. Don Ipson
            Rep. David Litvack
            Rep. Lee Perry        
            Rep. Jennifer Seelig
            Rep. Carl Wimmer
            Rep. Bill Wright         

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. Oda called the meeting to order at 4:25 p.m.

MOTION:    Rep. Litvack moved to approve the minutes of the February 28, 2011 meeting. The motion passed unanimously, with Rep. Hughes, Rep. Perry, Rep. Seelig and Rep. Wright absent for the vote.

H.B. 122    Firearms Amendments (Rep. S. Sandstrom)

Rep. Sandstrom explained the bill to the committee.

MOTION:    Rep. Litvack moved to adopt 1st Substitute H.B. 122. The motion passed unanimously, with Rep. Hughes, Rep. Perry, and Rep. Wright absent for the vote.

MOTION:    Rep. Greenwood moved to pass the bill with a favorable recommendation. The motion passed unanimously, with Rep. Eliason, Rep. Hughes and Rep. Wright absent for the vote.



H.B. 383    Law Enforcement Officer Investigation (Rep. C. Wimmer)

Rep. Wimmer explained the bill to the committee with the assistance of Mr. Kelly Atkinson, Fraternal Order of Police. (handout)

Spoke against the bill:    Chief Terry Keefe, Utah Chiefs of Police

Spoke to the bill:        Mr. Sid Groll, Utah Law Enforcement Legislative Committee

MOTION:    Rep. Wimmer moved to return H.B. 383 to the Rules Committee to be referred to interim for further study. The motion passed unanimously, with Rep. Butterfield, Rep. Hughes and Rep. Wright absent for the vote.

H.B. 364    Disarming a Peace Officer (Rep. R. Greenwood)

Rep. Greenwood explained the bill to the committee.

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

1.    Page 1, Lines 15 through 17 :    

             15      in or about a courthouse or courtroom or a secure area in the courthouse;
{   and   }

             16          .    provides that court personnel may not take or remove the peace officer's firearm
             17      while the officer is acting within the officer's scope of authority
{   .   }        ; and

    provides for an exception.  


2.    Page 2, Line 49 :    

             49          (4)
{   A   }        (a) Except as otherwise provided in Subsection (4)(b), a       peace officer, while acting within the scope of authority as a peace officer, is


3.    Page 2, Line 52 :    

             52      secure area, and acting within the officer's scope of authority.
 

    (b) A responsible law enforcement agency of the court, such as a sheriff's office, may make rules regarding the transporting of a prisoner from one holding cell to another within a court facility in which the peace officer transporting the prisoner is not to carry a firearm.  


The motion to amend passed unanimously, with Rep. Hughes and Rep. Wright absent for the vote.


MOTION:    Rep. Greenwood moved to proceed to the next item on the agenda. The motion passed unanimously, with Rep. Hughes and Rep. Wright absent for the vote.

S.B. 141    Burglary Offense Amendments (Sen. M. Madsen)

Sen. Madsen explained the bill to the committee.

MOTION:    Rep. Arent moved to pass the bill with a favorable recommendation. The motion passed unanimously, with Rep. Hughes and Rep. Wright absent for the vote.

H.B. 337    Pawnshop and Secondhand Merchandise Transaction Information Act Amendments (Rep. J. Seelig)

Rep. Seelig explained the bill to the committee with the assistance of Jodi Hart, Pawn and Secondhand Dealer Association.

MOTION:    Rep. Seelig moved to adopt 1st substitute H.B. 337. The motion passed unanimously, with Rep. Hughes and Rep. Wright absent for the vote.

MOTION:    Rep. Ipson moved to pass the bill with a favorable recommendation. The motion passed unanimously, with Rep. Arent and Rep. Hughes absent for the vote.

1st Sub. H.B. 273    Animal Control Amendments (Rep. J. Seelig)

Rep. Seelig explained the bill to the committee with the assistance of Ms. Shawni Larrabee, Salt Lake County Animal Shelter.

MOTION:    Rep. Litvack moved to pass the bill with a favorable recommendation. The motion passed unanimously, With Rep. Arent and Rep. Hughes absent for the vote.

S.B. 230    DNA Amendments (Sen. J. S. Adams)

Sen Adams explained the bill to the committee.

Spoke in favor of the bill:    Mr. Kevin McCloud, Weber County Sheriff's Office

MOTION:    Rep. Ipson moved to pass the bill with a favorable recommendation. The motion passed unanimously, with Rep. Arent and Rep. Hughes absent for the vote.


H.B. 129    Firearms Modifications (Rep. C. Wimmer)

Rep. Wimmer explained the bill to the committee. (handout)

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

1.    Page 3, Lines 69 through 70 :    

             69          (3)
  (a)       The provisions of Subsections 76-10-504 (1) and (2) and Section 76-10-505 do not

             70      apply to a person 21 years of age or older who may lawfully possess a dangerous weapon.
 

    (b) If a peace officer makes lawful contact with a person who is in lawful possession of a concealed dangerous weapon, the person shall inform the peace officer of that possession as soon as feasible.  


The motion to amend failed, with Rep. Greenwood, Rep. Grover, Rep. Perry, Rep. Oda and Rep. Wimmer voting in favor. Rep. Hughes was absent for the vote.

Spoke in favor of the bill:    Ms. Maryann Christensen, Utah Eagle Forum
                Mr. Jonathon Horsley, citizen

Spoke against the bill:    Sheriff Dave Edmunds, Summit County Sheriff
                Mr. Sid Groll, Utah Law Enforcement Legislative Committee
                Mr. Clark Aposhian, Utah Shooting Sports Council

Spoke to the bill:        Mr. Joe Brown, Department of Public Safety

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

1.    Page 3, Lines 69 through 70 :    

             69          (3)
  (a)       The provisions of Subsections 76-10-504 (1) and (2) and Section 76-10-505 do not

             70      apply to a person 21 years of age or older who may lawfully possess a dangerous weapon.
 

    (b) If a peace officer makes lawful contact with a person who is in lawful possession of a concealed dangerous weapon, the person shall inform the peace officer of that possession as soon as feasible.  


SUBSTITUTE
MOTION:    Rep. Litvack moved to adjourn the meeting. The motion failed, with Rep. Arent, Rep. Butterfield, Rep. Eliason, Rep. Ipson, Rep. Litvack and Rep. Seelig voting in favor.

The original motion to amend the bill passed, with Rep. Arent, Rep. Butterfield, Rep. Eliason, Rep. Ipson, Rep. Litvack and Rep. Seelig voting in opposition.

MOTION:    Rep. Wimmer moved to amend the pervious adopted amendment as follows:

After "weapon" insert "under this section"

The motion to amend passed, with Rep. Arent, Rep. Butterfield, Rep. Eliason, Rep. Ipson, Rep. Litvack and Rep. Seelig voting in opposition.

MOTION:    Rep. Wimmer moved to pass the bill with a favorable recommendation. The motion passed, with Rep. Arent, Rep. Butterfield, Rep. Eliason, Rep. Ipson, Rep. Litvack and Rep. Seelig voting in opposition.

MOTION:    Rep. Ipson moved to adjourn the meeting. The motion passed unanimously.

Rep. Oda adjourned the meeting at 6:45 p.m.













                        ___________________
                        Rep. Curtis Oda, Chair