Link to Zipped WordPerfect Minutes 8K bytes
LAW ENFORCEMENT AND CRIMINAL JUSTICE STANDING COMMITTEE
Room 25, House Office Building, State Capitol Complex
February 16, 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. Lee Perry
Rep. Jennifer Seelig
Rep. Bill Wright
Members Absent: Rep. Daniel McCay
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. Greenwood called the meeting to order at 8:40 a.m.
H.B. 395 Firearms Amendments (Rep. S. Sandstrom)
Rep. Sandstrom explained the bill to the committee with the assistance of Mr. Jake Taylor, Office of the Attorney General.
MOTION: Rep. Oda moved to adopt 1st Substitute H.B. 395. The motion passed unanimously, with Rep. Butterfield, Rep. Grover, Rep. Hughes, Rep. Ipson,
Rep. Seelig and Rep. Wright absent for the vote.
MOTION: Rep. Oda moved to amend the bill as follows:
1. Page 3, Lines 62 through 74 :
62 (3) (a)
{
(i)
}
The bureau may deny, suspend, or revoke a concealed firearm
permit if it has
63 reasonable cause to believe that the applicant or permit holder has been or is a danger to self or
64 others as demonstrated by evidence, including:
65
{
[
}
(i)
{
]
}
{
(A)
}
past pattern of behavior involving unlawful violence
or threats of unlawful
66 violence;
67
{
[
}
(ii)
{
]
}
{
(B)
}
past participation in incidents involving unlawful
violence or threats of
68 unlawful violence; [
69
{
[
}
(iii)
{
]
}
{
(C)
}
conviction of an offense in violation of Title 76,
Chapter 10, Part 5,
70 Weapons.
71
{
(ii) The bureau shall immediately reverse any action taken that was based
primarily on
72 an indictment or bindover under Subsection (3)(a)(i)(D) upon notice:
73 (A) that the indictment or bindover has been dismissed; or
74 (B) of acquittal of the person charged. }
2. Page 9, Lines 267 through 269 :
267 (8)
(a)
A person may not sell, transfer, or otherwise dispose of any firearm or
dangerous
268 weapon to any person, knowing that the recipient is a person described in Subsection (1)(a) or
269 (b).
(b) A person who violates Subsection (8)(a) when the recipient is:
(i) a person described in Subsection (1)(a) and the transaction involves a firearm, is guilty of a second degree felony;
(ii) a person described in Subsection (1)(a) and the transaction involves any dangerous weapon other than a firearm, is guilty of a third degree felony;
(iii) a person described in Subsection (1)(b) and the transaction involves a firearm, is guilty of a third degree felony; or
(iv) a person described in Subsection (1)(b) and the transaction involves any dangerous weapon other than a firearm, is guilty of a class A misdemeanor.
The motion to amend passed unanimously, with Rep. Butterfield, Rep. Grover, Rep. Hughes, Rep. Ipson, Rep. Seelig, and Rep. Wright absent for the vote.
Spoke for the bill: Mr. Bill Jones, retired police officer, Utah County
Mr. Brian Greene, attorney, Salt Lake City
Mr. Clark Aposhian, Utah Shooting Sports Council
Spoke to the bill: Mr. Steven Gunn, Gun Violence Prevention Center of Utah
MOTION: Rep. Frank moved to pass the bill out favorably as amended. The motion passed unanimously, with Rep. Butterfield and Rep. Hughes absent for the vote.
MOTION: Rep. Arent moved to approve the minutes of the February 14, 2012 meeting. The motion passed unanimously, with Rep. Butterfield and Rep. Hughes absent for the vote.
H.B. 159 Unlawful Detention Amendments (Rep. R. Wilcox)
Rep. Wilcox introduced and explained the bill to the committee with the assistance of Mr. Rod Layton, Weber County Children's Justice Center.
Spoke for the bill: Mr. Dee Smith, Weber County Attorney
MOTION: Rep. Arent moved to adopt 1st Substitute H.B. 159. The motion passed unanimously, with Rep. Butterfield, Rep. Hughes, and Rep. Litvack absent for the vote.
MOTON: Rep. Arent moved to amend the bill as follows:
Page 4, Line 92
92 (b) the actor is
{
18 years of age or older
}
at least four or more years older
than the victim
.
The motion to amend passed unanimously, with Rep. Butterfield and Rep. Hughes absent for the vote.
MOTION: Rep. Ipson moved to amend the bill as follows:
1. Page 1, Lines 12 through 13 :
12 . creates the offense of unlawful detention of a minor when a person
{
18 years
of age
13 or older }
who is at least four or more years older than the victim
coerces or
influences a minor who is 14 or 15 years of age to stay with the
The motion to amend passed unanimously, with Rep. Litvack absent for the vote.
MOTION: Rep. Arent moved to pass the bill out favorably as amended. The motion passed unanimously, with Rep. Litvack absent for the vote.
H.B. 228 Criminal Gang Amendments (Rep. C. Oda)
This bill was not considered.
MOTION: Rep. Grover moved to adjourn the meeting. The motion passed unanimously, with Rep. Litvack absent for the vote.
Rep. Greenwood adjourned the meeting at 9:45 a.m.
___________________
Rep. Curtis Oda, Chair