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MINUTES OF THE HOUSE
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