MINUTES OF THE

HOUSE LAW ENFORCEMENT AND CRIMINAL JUSTICE STANDING COMMITTEE

Room 450, Utah State Capitol Complex

February 25, 2015

Members Present:                Rep. Don L. Ipson, Chair

                                                Rep. Marc K. Roberts, Vice Chair

                                                Rep. Bradley M. Daw

                                                Rep. Steve Eliason

                                                Rep. Sandra Hollins

                                                Rep. Kay L. McIff

                                                Rep. Jeremy A. Peterson

                                                Rep. Paul Ray

                                                Rep. Edward H. Redd

                                                Rep. Angela Romero

                                                Rep. Earl D. Tanner   

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

Chair Ipson called the meeting to order at 8:30 a.m.

MOTION:     Rep. Roberts moved to approve the minutes of the February 23, 2015 meeting. The motion passed unanimously with Rep. Eliason, Rep. McIff, Rep. Ray, and Rep. Romero absent for the vote.

H.B. 167         Asset Forfeiture Revisions (Rep. B. Greene)

Rep. Greene explained the bill to the committee with the assistance of Jim Bradshaw, attorney.

Two handouts "Asset Forfeiture Reform in State Legislatures" and "Evolution of Asset Forfeiture Reform in Utah" were distributed to the committee.

Spoke to the bill:         Chad Platt, Statewide Association of Prosecutors

Spoke for the bill:        Conner Boyack, Libertas Institute

Spoke against the bill: David Spattafore, Utah Chiefs of Police

MOTION:     Rep. Tanner moved to replace H.B. 167 with 2nd Substitute H.B. 167. The motion passed unanimously.

MOTION:     Rep. Roberts moved to amend 2nd Substitute H.B. 167 as follows:

1.    Page 10, Lines 284 through 286:    

284 (2) In a forfeiture proceeding [under this chapter] {  regarding property belonging to a

285claimant other than a person charged or convicted for a crime subjecting that property to

286forfeiture  }  of a claimant under this section  , the prosecuting attorney has the burden of establishing by clear and convincing

The motion to amend passed unanimously.

MOTION:     Rep. Peterson moved to pass 2nd Substitute H.B. 167 out with a favorable recommendation, as amended.

SUBSTITUTE

MOTION:     Rep. Ray moved to return the bill to the Rules Committee for further study by an interim committee. The motion passed with Rep. Peterson, Rep. Roberts, and Rep. Tanner voting in opposition.

H.B. 350         Weapons on Public Transportation (Rep. N. Thurston)

Rep. Thurston explained the bill to the committee. A handout "HB 350-Weapons in Public Transportation" was distributed to the committee.

Spoke for the bill:       George Chapman, citizen

Clark Aposhian, Utah Shooting Sports Council

Josh Daniels, Libertas Institute

Chris Jenkins, student, University of Utah

                                   Jean Hill, Catholic Diocese

MOTION:     Rep. Ray moved to pass H.B. 350 out with a favorable recommendation. The motion passed with Rep. Hollins and Rep. Romero voting in opposition. Rep. Tanner was absent for the vote.

S.B. 109          Removal from Database Amendments (Sen. D. Thatcher)

Sen. Thatcher explained the bill to the committee.

MOTION:     Rep. Daw moved to pass S.B. 109 out with a favorable recommendation. The motion passed unanimously with Rep. Tanner absent for the vote.

MOTION:     Rep. Ray moved to place S.B. 109 on the consent calendar. The motion passed unanimously with Rep. Tanner absent for the vote.

MOTION:     Rep. Daw moved to adjourn the meeting. The motion passed unanimously with Rep. Tanner absent for the vote.

Chair Ipson adjourned the meeting at 9:59 a.m.

____________________________

Don L. Ipson, Chair