MINUTES OF THE
SENATE JUDICIARY, LAW ENFORCEMENT & CRIMINAL JUSTICE
STANDING COMMITTEE MEETING
Room 250, State Capitol
February 7, 2013
Members Present: Sen. Mark B. Madsen, Committee Chair
Sen. Lyle W. Hillyard
Sen. Patricia W. Jones
Sen. Luz Robles
Sen. Daniel W. Thatcher
Sen. Stephen H. Urquhart
Sen. Todd Weiler
Staff Present: Ms. Chelsea Lloyd, Policy Analyst
Ms. Nancy A. Skidmore, Committee Secretary
A list of visitors and a copy of handouts are filed with the committee minutes.
Chair Madsen called the meeting to order at 4:05 p.m.
Approval of Minutes
MOTION: Sen. Thatcher moved to approve the minutes of February 5, 2013. The motion
passed unanimously, with Sens. Hillyard, Urquhart, and Weiler absent for the
vote.
S.B. 131 Assault Amendments (A. Osmand)
Sen. Osmand introduced and presented the bill.
Spoke for the bill: Hunter Weintz, Student, Copper Hills High School
Daniel Willeitner, Student, Copper Hills High School
Anika Argyle, Student, Copper Hills High School
Allison Gardiner, Student, Copper Hills High School
Kelly Atkinson, Executive Director, Fraternal Order of Police
Spoke to the bill: Paul Boyden, Executive Director, Statewide Association of Prosecutors
MOTION: Sen. Thatcher moved to amend S.B 131 as follows:
1. Page
1, Line 14
:
14
servicemember in uniform if the offender
is a repeat offender or
causes substantial
bodily injury; and
2. Page
2, Line 46
:
46
degree felony.]
{
Subsection (2)
}
a class A or a felony violation of this
section
; or
The motion passed unanimously.
MOTION: Sen. Thatcher moved to pass S.B. 131, amended, out favorably. The motion
passed unanimously.
S.B. 145 County Attorney Chapter Recodification (T. Weiler)
Sen. Weiler introduced and presented the bill.
MOTION: Sen. Weiler moved to amend S.B. 145 as follows:
1. Page
11, Lines 327 through 330
:
327
(3) A public prosecutor may not
after the filing of an indictment or information
and without the consent of the court
:
328
(a) compromise a prosecution; or
329
(b) enter a plea of nolle prosequi
{
after the filing of an indictment or
information
330
without the consent of the court
}
.
2. Page
13, Lines 373 through 378
:
373
(2) The attorney:
374
(a) does not represent a county commission, county agency, county board, county
375
council, county officer, or county employee;
376
(b) counsels with the county regarding civil matters; and
377
(c) receives direction from the county through the county elected officers in
accordance
378
with the officers' duties and powers in accordance with law.
(3) Notwithstanding Subsection (2)(a), the attorney may represent an
employee named as a party in litigation:
(a) with the approval of the county executive; and
(b) if permitted by law and the Rules of Professional Conduct.
The motion passed unanimously.
Spoke to the bill: Jared Eldridge, Attorney, Juab County
Paul Boyden, Executive Director, Statewide Association of Prosecutors
MOTION: Sen. Weiler moved to pass S.B. 145, amended, out favorably. The motion passed
unanimously with Sen. Urquhart absent for the vote.
S.B. 164 Parole Violator Centers Allocations (L. Robles)
Sen. Robles introduced and presented the bill.
MOTION: Sen. Thatcher moved to pass S.B. 164 out favorably. The motion passed
unanimously with Sen. Urquhart absent for the vote.
S.B. 52 Game Fowl Fighting Amendments (G. Davis)
Sen. Davis introduced and presented the bill.
MOTION: Sen. Thatcher moved to amend S.B. 52 as follows:
1. Page
6, Lines 180 through 182
:
180
(2) It is unlawful for any person to:
181
(a) own, possess, keep, or train
{
a
}
game fowl to fight with or injure another
game fowl
182
with the intent to engage it in an exhibition of fighting with another game fowl;
The motion passed unanimously.
Spoke for the bill: Gene Baierschmidt, Executive Director, Humane Society of
Utah
Craig Cook, President, Humane Society of Utah
Spoke against the bill: Steven Burton, Attorney, Criminal Defense
MOTION: Sen. Thatcher move to adjourn the meeting. The motion passed unanimously.