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MINUTES OF THE HOUSE
LAW ENFORCEMENT AND CRIMINAL JUSTICE STANDING COMMITTEE
Room 25, House Office Building, State Capitol Complex
February 14, 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 2:15 p.m.

MOTION:    Rep. Arent moved to approve the minutes of the February 10, 2012 meeting. The motion passed unanimously, with Rep. Butterfield, Rep. Frank, Rep. Hughes, Rep. Perry and Rep Seelig absent for the vote.

H.B. 395    Firearms Amendments (Rep. S. Sandstrom)

Rep. Sandstrom explained and introduced the bill to the committee with the assistance of
Mr. Brian Greene, attorney, Salt Lake City.

Spoke to the bill:    Mr. Jake Taylor, Office of the Attorney General
    
MOTION:    Rep. Arent moved to amend the bill as follows:

1.    Page 1, Lines 14 through 22 :    

             14          This bill:
* * * Some lines not shown * * *

             21          .    makes it a crime to sell, transfer, or dispose of a firearm
{   or ammunition   } to a


             22
     Category I or Category II restricted person;

2.    Page 3, Lines 71 through 75 :    

             71          (D) indicted
  or bound over       for a crime of violence in any state.

             72          (ii) The bureau shall immediately reverse any action taken that was based primarily on
             73      an indictment
  or bindover       under Subsection (3)(a)(i)(D) upon notice:

             74          (A) that the indictment
  or bindover       has been dismissed; or

             75          (B) of acquittal of the person charged
{   in the indictment   } .


3.    Page 8, Lines 241 through 242 :    

             241          (b) any dangerous weapon other than a firearm
{   or ammunition   } is guilty of a third

             242      degree felony.

4.    Page 9, Lines 246 through 247 :    

             246          (b) any dangerous weapon other than a firearm
{   or ammunition   } is guilty of a class A

             247      misdemeanor.

5.    Page 9, Lines 266 through 268 :    

             266          (v) unless a different time is ordered by the
{   sentencing   } court, was transferred within 10

             267      days of the
{   person's sentencing or release from incarceration for the offense for which the

             268      person became  
}
  person becoming       a restricted person.


6.    Page 9, Lines 271 through 274 :    

             271          (8)
  (a) A person may not knowingly solicit, persuade, encourage or entice a dealer or other person to sell, transfer or otherwise dispose of a firearm or dangerous weapon under circumstances which the person knows would be a violation of the law.

    (b) A person may not provide to a dealer or other person what the person knows to be materially false information with intent to deceive the dealer or other person about the legality of a sale, transfer or other disposition of a firearm or

dangerous weapon.
    (c) "Materially false information" means information that portrays an illegal transaction as legal or a legal transaction as illegal.
    (d) A person who violates this Subsection (8) is guilty of:
    (i) a third degree felony if the transaction involved a firearm; or
    (ii) a class A misdemeanor if the transaction involved a dangerous weapon other than a firearm.  



The motion to amend passed unanimously, with Rep. Perry and Rep. Seelig absent for the vote.

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

Page 9, line 272:     After weapon, delete "or ammunition" and after knowing delete "or having             reasonable cause to believe"

Page 9, line 274 Delete line 274

After committee discussion, Rep. Arent withdrew the motion.

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

Page 9, line 272:     After weapon, delete "or ammunition" and after knowing delete "or having             reasonable cause to believe"

Page 9, line 274 Delete line 274

SUBSTITUTE
MOTION:        
Rep. McCay moved to proceed to the next item on the agenda. The motion passed, with Rep. Frank, Rep. Greenwood, and Rep. Oda voting in opposition. Rep. Butterfield and Rep. Perry were absent for the vote.

H.B. 187    Agricultural Operation Interference (Rep. J. Mathis)

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

Spoke to the bill:    Ms. Jacey Skinner, Utah Sentencing Commission
            Mr. Ron Gordon, Commission on Criminal and Juvenile Justice

Spoke for the bill:    Mr. Sterling Brown, Utah Farm Bureau
            Mr. Mike Kohler, Utah Dairy Producers



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

7.    Page 1, Lines 11 through 17 :    

             11          This bill:
             12          .    defines agricultural operation;
             13          .    provides that a person is guilty of agricultural operation interference if the person
{   ,   }        :

.  

             14      without the consent of the owner of the operation, records an image of, or sound
             15      from, an agricultural operation
{   while on the property where the agricultural

             16      operation is located;  
}
  with a device that the person leaves on the property; or

. records an image of, or sound from, an agricultural operation after receiving notice not to record, and while the person is on the property where the agricultural operation is located;  
and

             17          .    establishes penalties.

8.    Page 2, Lines 32 through 37 :    

             32          (2) A person is guilty of agricultural operation interference if the person
{   ,   }        :

(a)  
without

             33      consent from the owner of the operation, or the owner's agent, knowingly or intentionally
             34      records an image of, or sound from, the operation
{   :   }        by leaving a recording device on the property where the agricultural operation is located; or

(b) knowingly or intentionally records an image of, or sound from, the operation, while the person is on the property where the agricultural operation is located, after receiving notice from the owner of the operation or the owner's agent that the person may not record an image of, or sound from, the operation.  

             35          
{   (a) while the person is on the property where the agricultural operation is located; or

             36          (b) by leaving a recording device on the property where the agricultural operation is
             37      located.  
}


The motion to amend failed, with Rep. Arent, Rep. Litvack, and Rep. Greenwood voting in favor. Rep. Perry, and Rep. Seelig were absent for the vote.


MOTION:    Rep. Wright moved to pass the bill out favorably. The motion passed, with Rep. Arent, Rep. Butterfield, and Rep. Litvack voting in opposition.

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

Rep. Oda adjourned the meeting at 3:45 p.m.













                        ___________________
                        Rep. Curtis Oda, Chair