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MINUTES OF THE
SENATE JUDICIARY, LAW ENFORCEMENT & CRIMINAL JUSTICE
STANDING COMMITTEE MEETING
Room 250, State Capitol
March 5, 2013

Members Present:        Sen. Mark B. Madsen, Committee Chair
                Sen. Patricia W. Jones
                Sen. Luz Robles
                Sen. Daniel W. Thatcher
                Sen. Stephen H. Urquhart
                Sen. Todd Weiler
    
Members Absent:        Sen. Lyle W. Hillyard

Staff Present:            Mr. Nathan W. Brady, Policy Analyst
                Ms. Nancy A. Skidmore, Committee Secretary
    
A list of visitors and a copy of handouts are filed with the committee minutes.

Acting Chair, Sen. Jones called the meeting to order at 8:11 a.m.
    
Approval of Minutes

There were no minutes to approve.

H.B. 31    Enticing a Minor Amendments (R. C. Webb)

Rep. Webb introduced and explained the bill .

Spoke in favor of the bill:    Mr. Spencer Walsh, Attorney, Deputy Cache County

Spoke to the bill:        Mr. Paul Boyden, Executive Director, Statewide Association of                     Prosecutors

Chair Madsen resumed the chair.
                
MOTION:     Sen. Thatcher moved to pass H.B. 31 out favorably. The motion passed     
        unanimously, with Sen. Robles absent for the vote.

H.B. 89    Judicial Review of Peace Officer Standards and Training Actions (M. Nelson)

Rep. Nelson introduced and explained the bill.

Spoke in favor of the bill:    Scott Stevens, Director, Peace Officer Training
                Jonathan Thorne, Attorney, Strindberg and Scholnick

MOTION:    Sen. Thatcher moved to pass H.B. 89 out favorably. The motion passed unanimously, with Sen. Jones and Sen. Robles absent for the vote.

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MOTION:    Sen. Thatcher moved H.B. 89 be placed on the Consent Calendar. The motion passed unanimously, with Sens. Jones and Robles absent for the vote.

H.B. 232    Criminal Penalty Amendments (C. Hall)

Rep. Hall introduced and explained the bill.

MOTION:    Sen. Thatcher moved to pass H.B. 232 out favorably. The motion passed unanimously, with Sens. Jones and Robles absent for the vote.

MOTION:      Sen. Thatcher moved H.B. 232 be placed on the Consent Calendar. The motion passed unanimously, with Sens. Jones and Robles absent for the vote.

1st Sub. H.B. 213    Peace Officer Standards and Training Amendments (R. Greenwood)

Rep. Greenwood introduced and explained the bill.

MOTION:    Sen. Thatcher moved to pass 1st Sub. H.B. 213 out favorably. The motion passed unanimously, with Sens. Jones and Robles absent for the vote.

MOTION:      Sen. Thatcher moved 1st Sub. H.B. 213 be placed on the Consent Calendar. The motion passed unanimously, with Sens. Jones and Robles absent for the vote.

H.B. 92    Factual Innocence Assistance Amendments (G. Froerer)

Rep. Froerer introduced and explained the bill.

Spoke in favor of the bill:    Ms. Laura Warburton

MOTION:    Sen. Jones moved to pass H.B. 92 out favorably. The motion passed unanimously with Sen. Robles absent for the vote.

H.B. 105    Serious Youth Offender Amendments (V. L. Snow)

Rep. Snow introduced and explained the bill.

Spoke in favor of the bill:    Ms. Jayce Skinner, Director, Utah Sentencing Commission

Spoke to the bill:        Ms. Susan Burke, Director, Juvenile Justice System
                Mr. Paul Boyden, Executive Director, Statewide Association of          Prosecutors

MOTION:    Sen Jones moved to pass H.B. 105 out favorably. The motion passed unanimously.

1st Sub. H.B. 287    Return of Weapons Recovered by Law Enforcement (K. Stratton)

Rep. Stratton introduced and explained the bill.

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MOTION:    Sen. Weiler moved 1st Sub. H.B. 287 be amended as follows:

1.    Page 2, Lines 48 through 53 :    

             48          (iii) the legal owner was convicted of a crime for which the weapon was

{   used   }        held       as

             49      evidence.
             50          (e) (i) Upon proof of ownership and of lawfulness of possession satisfactory to the
             51      evidence custodian, the custodian shall release the property to the owner.
             52          (ii) The evidence custodian shall

{   accept   }        receive and consider       a sworn declaration of ownership to establish

             53      ownership of the property.

The motion passed unanimously.

MOTION:    Sen. Jones moved to pass 1st Sub H.B. 287, as amended, out favorably. The motion passed unanimously.

MOTION:    Sen. Thatcher moved 1st Sub. H.B. 287, as amended, be placed on the Consent Calendar. The motion passed unanimously .

MOTION:    Sen. Thatcher     moved to adjourn the meeting. The motion passed unanimously.

Chair Madsen adjourned the meeting at 9:29 a.m.    

Minutes reported by Nancy A. Skidmore, Secretary.





Sen. Mark B. Madsen, Committee Chair

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