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MINUTES OF THE HOUSE
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; [or]
             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