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LAW ENFORCEMENT AND CRIMINAL JUSTICE STANDING COMMITTEE
Room 25, House Office Building, State Capitol Complex
February 3, 2012
Members Present: Rep. Curt Oda, Chair
Rep. Richard Greenwood, Vice Chair
Rep. Patrice Arent
Rep. David Butterfield
Rep. Craig Frank
Rep. Keith Grover
Rep. Greg Hughes
Rep. Don Ipson
Rep. David Litvack
Rep. Daniel McCay
Rep. Lee Perry
Rep. Jennifer Seelig
Rep. Bill Wright
Staff Present: Mr. Nathan Brady, 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 2:14 p.m.
MOTION: Rep. Frank moved to approve the minutes of the January 31, 2012 meeting. The motion passed unanimously, with Rep. Hughes, Rep. McCay, Rep. Perry, and Rep. Wright absent for the vote.
H.B. 307 Factual Innocence Amendments (Rep. B. Dee)
Rep. Dee introduced and explained the bill to the committee with the assistance of Mr. Scott Reed, Criminal Justice Division, Office of the Utah Attorney General.
Spoke against the bill: Professor Daniel Medwed, Rocky Mountain Innocence Center
Professor Jensie Anderson, Rocky Mountain Innocence Center
Spoke for the bill: Mr. Paul Boyden, Statewide Association of Prosecutors
MOTION: Rep. Ipson moved to pass the bill out favorably.
SUBSTITUTE
MOTION: Rep. Arent moved to amend the bill as follows:
Page 1, Line 17 and 18: Delete lines 17 and 18
Page 2, Line 120 and 121: Delete lines 120 and 121
The motion to amend failed, with Rep. Arent, Rep. Litvack, and Rep. Seelig voting in favor. Rep. McCay and Rep. Wright were absent for the vote.
The original motion to pass the bill out favorably passed, with Rep. Arent, Rep. Butterfield, Rep. Litvack, and Rep. Seelig voting in opposition. Rep. McCay was absent for the vote.
Rep. Oda relinquished the chair to Rep. Greenwood.
H.B. 103 Theft by Deception Amendment (Rep. C. Oda)
Rep. Oda introduced and explained the bill to the committee with the assistance of Mr. Richard Hamp , Office of the Utah Attorney General.
MOTION: Rep. Butterfield moved to pass the bill out favorably. The motion passed unanimously, with Rep. Ipson and Rep. McCay absent for the vote.
Rep. Oda resumed the chair.
H.B. 99 Background Check Fee Exemption for Firearm Purchase (Rep. B. Galvez)
Rep. Galvez introduced and explained the bill to the committee.
Spoke to the bill: Ms. Ester Chelsea McCarty, Office of Legislative Research and General Counsel
Spoke for the bill: Mr. Kelly Atkinson, Fraternal Order of Police
Spoke against the bill: Mr. Clark Aposhian, Utah Shooting Sports Council
MOTION: Rep. Greenwood moved to amend the bill as follows:
1. Page 4, Lines 105 through 108 :
105 (14) A law enforcement officer, as defined in Section 53-13-103 , is exempt from the
106 background check fee required in this section for the purchase of a firearm if
{
the
dealer verifies
107 with the employing agency that } the law enforcement officer
verifies current
employment by providing a letter of good standing from the officer's commanding
officer.
{
is currently employed and in good
108 standing as of the date of purchase. }
The motion to amend passed unanimously, with Rep. Ipson and Rep. McCay absent for the vote.
MOTION: Rep. Perry moved to amend the previous amendment as follows:
Page 4, Line 107: After "officer" insert "and current law enforcement photo identification"
The motion to amend passed unanimously, with Rep. Ispon and Rep. McCay absent for the vote.
MOTION: Rep. Perry moved to pass the bill out favorably. The motion passed unanimously, with Rep. Ipson and Rep. McCay absent for the vote.
H.B. 117 Firearm Modifications (Rep. K. Ivory)
Rep. Ivory introduced and explained the bill to the committee.
Spoke for the bill: Mr. Clark Aposhian, Utah Shooting Sports Council
MOTION: Rep. Arent moved to pass the bill out favorably. The motion passed unanimously, with Rep. Butterfiedl, Rep. Ipson, and Rep. McCay absent for the vote.
H.B. 97 Racketeering Amendment (Rep. J. Seelig)
Rep. Seelig introduced and explained the bill to the committee. (handout)
Spoke for the bill: Mr. Paul Boyden, Statewide Association of Prosecutors
Ms. Kathy Ericksen, Utah Eagle Forum
Ms. Alana Kindness, Utah Coalition Against Sexual Assault
MOTION: Rep. Litvack moved to pass the bill out favorably. The motion passed unanimously, with Rep. Butterfield, Rep. Ipson, and Rep. McCay absent for the vote.
MOTION: Rep. Litvack moved to place H.B. 97 on the Consent Calendar. The motion passed unanimously, with Rep. Butterfield, Rep. Ipson, and Rep. McCay absent for the vote.
MOTION: Rep. Grover moved to adjourn the meeting. The motion passed unanimously, with Rep. Ipson and Rep. McCay absent for the vote.
Rep. Oda adjourned the meeting at 4:00 p.m.
___________________
Rep. Curtis Oda, Chair