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LAW ENFORCEMENT AND CRIMINAL JUSTICE STANDING COMMITTEE
Room 25, House Office Building, State Capitol Complex
February 8, 2012
Members Present: Rep. Curt Oda, Chair
Rep. Richard Greenwood, Vice Chair
Rep. Patrice Arent
Rep. David Butterfield
Rep. Craig Frank
Rep. Greg Hughes
Rep. Don Ipson
Rep. David Litvack
Rep. Daniel McCay
Rep. Lee Perry
Rep. Jennifer Seelig
Rep. Bill Wright
Members Absent: Rep. Keith Grover
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 4:10 p.m.
MOTION: Rep. Arent moved to approve the minutes of the February 7, 2012. The motion passed unanimously, with Rep. Hughes, Rep. Ipson, Rep. McCay, Rep. Seelig, and Rep. Wright absent for the vote.
H.B. 108 Internet Gambling (Rep. S. Sandstrom)
Rep. Sandstrom further explained the bill to the committee.
MOTION: Rep. Perry moved to reconsider the previous action taken on H.B. 108 by striking the following amendment which was adopted in the February 7, 2012 meeting:
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 motion to reconsider and strike the amendment passed unanimously, with Rep. Hughes, Rep. Ipson, Rep. McCay, Rep. Seelig and Rep. Wright absent for the vote.
MOTION: Rep. Frank moved to amend the bill as follows:
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.
The motion to amend passed unanimously, with Rep. Wright absent for the vote.
MOTION: Rep. Ipson moved to pass the bill out favorably. The motion passed unanimously, with Rep. Seelig and Rep. Wright absent for the vote.
H.B. 129 Defense of Property and Person (Rep. P. Painter)
Rep. Painter introduced and explained the bill to the committee.
MOTION: Rep. Perry moved to amend the bill as follows:
1. Page 2, Lines 28 through 43 :
28 (1) A person may not recover from the victim of a crime for personal injury or property
29 damage if [
30 (a) the person entered the property of the victim or the victim's family with criminal
31 intent and the injury or damage was inflicted by the victim or occurred while the person was on
32 the victim's property;
{
[
}
or
{
]
}
33 (b) the person committed a crime against the victim or the victim's family, during
34 which the damage or injury occurred
{
[
}
.
{
]
}
{
; or
}
35
{
[
}
(2) The provisions of Subsection (1) do not apply if the person can
prove by clear and
36 convincing evidence that
{
:]
37 [(a) } the person's actions did not constitute a
{
]
}
crime.
[felony; and]
38 [
39 [
40
{
(c) the victim is cleared of any wrongdoing under the provisions of Title 76,
Chapter
41 2, Part 4, Justification Excluding Criminal Responsibility. }
42 (2) Subsection (1) applies to any next-of-kin, heirs, or personal representatives of the
43 person if the person acquires a disability or is killed.
The motion to amend passed unanimously.
Spoke for the bill: Sheriff Brian Nielson, Sanpete County Sheriff
Mr. Clark Aposhian, Utah Shooting Sports Council
Mr. Ron Mortensen, citizen
Ms. Gayle Ruzicka, Utah Eagle Forum
MOTION: Rep. Perry moved to pass the bill out favorably as amended. The motion passed unanimously, with Rep. Wright absent for the vote.
MOTION: Rep. Frank moved to adjourn the meeting. The motion passed unanimously, with Rep. Wright absent for the vote.
Rep. Oda adjourned the meeting at 4:48 p.m.
___________________
Rep. Curtis Oda, Chair