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MINUTES OF THE HOUSE
LAW ENFORCEMENT AND CRIMINAL JUSTICE STANDING COMMITTEE
Room 25, House Office Building, State Capitol Complex
February 7, 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. Ipson called the meeting to order at 2:07 p.m.

MOTION:    Rep. Arent moved to approve the minutes of the February 3, 2012 meeting. The motion passed unanimously, with Rep. Greenwood, Rep. Hughes, Rep. Litvack, Rep. Oda, Rep. Seelig, and Rep. Wright absent for the vote.

H.B. 223    Retention of Evidence Amendments (Rep. B. Wilson)

Rep. Wilson introduced and explained the bill to the committee with the assistance of Mr. Paul Boyden, Statewide Association of Prosecutors.

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

1.    Page 2, Line 56 :    

             56      76-5-404.1 , the peace officer's employing agency shall retain a copy of the recording for
{   15   }        18      


The motion to amend passed unanimously, with Rep. Greenwood, Rep. Hughes, Rep. Litvack, Rep. McCay, Rep. Oda, and Rep. Seelig absent for the vote.




MOTION:
    Rep. Perry moved to pass the bill out favorably as amended. The motion passed unanimously, with Rep. Greenwood, Rep. Hughes, Rep. Litvack, Rep. McCay, and Rep . Oda absent for the vote.

H.B. 239    Pawnshop Record Amendments (Rep. R. Greenwood)

Rep. Greenwood introduced and explained the bill to the committee.

Spoke to the bill:    Mr. Ron Fox, Utah Coin Association

MOTION:    
Rep. Frank moved to pass the bill out favorably. The motion passed unanimously, with Rep. Butterfield, Rep. Hughes. Rep. Litvack, Rep. McCay, and Rep. Oda absent for the vote.

S.C.R. 1    Concurrent Resolution Supporting Establishment of a Fund for Assistance to Families of Fallen Officers (Sen. K. Van Tassell)

Sen. Van Tassell introduced and explained the resolution to the committee.

MOTION:    Rep. Arent moved to pass the resolution out favorably. The motion passed unanimously, with Rep. Butterfield, Rep. Greenwood, Rep. Hughes, Rep. McCay, and Rep. Oda absent for the vote.

S.B. 109    Assault Amendments (Sen. A. Osmond)

Sen. Osmond introduced and explained the bill to the committee with the assistance of Ms. Jacey Skinner, Utah Sentencing Commission. (handout)

MOTION:    Rep. Arent moved to pass the bill out favorably. The motion passed unanimously, with Rep. Greenwood, Rep. Hughes, Rep. McCay, and Rep. Oda absent for the vote.

Rep. Ipson relinquished the chair to Rep. Greenwood.

H.B. 108    Internet Gambling (Rep. S. Sandstrom)

Rep. Sandstrom introduced and explained the bill to the committee.



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

1.    Page 1, Line 18 :    

             18          
{   None   }        This bill takes effect on July 1, 2012.      


2.    Page 3, Line 85 :    

             85      misdemeanor.
 

(3) An Internet service provider as defined in Section 13-40-102 who is operating within the state shall apply available technology to intercept, block, or otherwise prevent the transmission, relay, or receipt of gambling information or activity that allows or facilitates gambling within this state.  


  Section 3. Effective date.

This bill takes effect on July 1, 2012.  



1.    Page 1, Line 18 :    

             18          
{   None   }        This bill takes effect July 1, 2012.      


2.    Page 3, Line 85 :    

             85      misdemeanor.
  (3)(a) A law enforcement agency who is enforcing this section may use available technology to disable the transmission, relay, or receipt of gambling activity or information.

(b)(i) Internet service providers as defined in Section 13-40-102 shall provide assistance to a enforcement agency in its efforts to enforce this section by implementing, at the request of the law enforcement agency, available technology to disable the transmission, relay, or receipt of gambling activity or information.
(ii) Costs incurred by an Internet service provider to implement technology under Subsection (3)(b)(i) shall be reimbursed by the law enforcement agency requesting implementation of the technology.

Section 3. Effective date.
The effective date of this bill is July 1, 2011.  



SUBSTITUTE
MOTION:
    Rep. Litvack moved to amend the bill as follows:

1.    Page 1, Line 18 :    

             18          
{   None   }        This bill takes effect on July 1, 2012.      


2.    Page 3, Line 85 :    

             85      misdemeanor.
 

(3) An Internet service provider as defined in Section 13-40-102 who is operating within the state shall apply available technology to intercept, block, or otherwise prevent the transmission, relay, or receipt of gambling information or activity that allows or facilitates gambling within this state.  


  Section 3. Effective date.

This bill takes effect on July 1, 2012.  



The substitute motion to amend passed, with Rep. Arent voting in opposition. Rep. McCay and Rep. Wright were absent for the vote.

Spoke for the bill:    Ms. Gayle Ruzicka, Utah Eagle Forum

MOTION:    Rep. Wright moved to pass the bill out favorably.

SUBSTITUTE
MOTION:
    Rep. Arent moved to proceed to the next item on the agenda. The motion passed, with Rep. Greenwood, Rep. Grover, and Rep. Wright voting in opposition. Rep. McCay was absent for the vote.

H.B. 221    Sexual Trafficking (Rep. K. Grover)

This bill was not considered.

H.B. 227    Sex Trafficking - Penalties (Rep. K. Grover)

This bill was not considered.


H.B. 228    Criminal Gang Amendments (Rep. C. Oda)

This bill was not considered.

MOTION:    Rep.Litvack moved to adjourn the meeting. The motion passed unanimously, with Rep. McCay absent for the vote.

Rep. Greenwood adjourned the meeting at 3:50 p.m.










                        ___________________
                        Rep. Curtis Oda, Chair