MINUTES OF THE

HOUSE JUDICIARY STANDING COMMITTEE MEETING

20 House Building, Utah State Capitol Complex

March 1, 2016

Members Present:    Rep. LaVar Christensen, Chair

Rep. Merrill Nelson, Vice Chair

Rep. Fred C. Cox

Rep. Bruce Cutler

Rep. Brian M. Greene

Rep. Craig Hall

Rep. Brian S. King

Rep. Curtis Oda

Rep. V. Lowry Snow

Rep. Kevin J. Stratton

Rep. Mark A. Wheatley

Staff Present:            Mr. Gregg Girvan, Policy AnalystMs. Glenda VanWagenen, Committee Secretary

NOTE:   A list of visitors and a copy of handouts are filed with the committee minutes.

Vice Chair Nelson called the meeting to order at 8:08 a.m.

The Chair moved the fifth item on the agenda to the first position.

S.B. 135          Administrative Law Judge Amendments (W. Harper)

Senator Harper explained the bill to the committee.

MOTION:     Rep. Snow moved to pass the bill out favorably. The motion passed unanimously with Rep. Cox, Rep. Stratton, Rep. Wheatley, and Rep. Christensen absent for the vote.

MOTION:     Rep. Snow moved to place the bill on the Consent Calendar. The motion passed unanimously with Rep. Cox, Rep. Stratton, Rep. Wheatley, and Rep. Christensen absent for the vote.

Rep. Christensen assumed the Chair and moved to the first item on the agenda.

H.B. 383         Uniform Fiduciary Access to Digital Assets Act (V. L. Snow)

Rep. Snow explained the bill to the committee.

MOTION:     Rep. Cutler moved to pass the bill out favorably. The motion passed unanimously with Rep. Cox, Rep. Hall, and Rep. Nelson absent for the vote.

Rep. Oda assumed the Chair.

H.B. 381         Standards for Issuance of Summons (L. Christensen)

MOTION:     Rep. Christensen moved to replace H.B. 381 with 1st Substitute H.B. 381. The motion passed with Rep. Cox, Rep. Hall, and Rep. Nelson absent for the vote.

MOTION:     Rep. Christensen moved to amend 1st Sub. H.B. 381 as follows:

1.    Page 2, Lines 42 through 46:   

42    {  (2) Administrative convenience or a preference by the prosecution is not valid grounds

43for the issuance of a warrant and arrest rather than a summons absent findings based upon

44Subsections (1)(b)(i), (ii), and (iii).  }

45    {  (3)  }  (2)  If the offense charged is:

46   (a) a felony, the arrest upon a warrant may be made at any time of the day or night; or

2.    Page 2, Lines 51 through 55:   

51   (iii) the person to be arrested is encountered by a peace officer in the regular course of

52that peace officer's investigation of a criminal offense unrelated to the misdemeanor warrant for

53arrest.

54   [(2)] {  (4)  }  (3)  For the purpose of Subsection (1):

55   (a) daytime hours are the hours of 6 a.m. to 10 p.m.; and

3.    Page 3, Lines 57 through 62:   

57   [(3)] {   (5)   }  (4)  (a) If the magistrate determines that the accused must appear in court, the

58magistrate shall include in the arrest warrant the name of the law enforcement agency in the

59county or municipality with jurisdiction over the offense charged.

60   (b) (i) The law enforcement agency identified by the magistrate under Subsection [(3)]

61 {  (5)(a)  }  (4)(a)  is responsible for providing inter-county transportation of the defendant, if necessary,

62from the arresting law enforcement agency to the court site.

4.    Page 3, Lines 65 through 67:   

65   (c) (i) The law enforcement agency identified by the magistrate under Subsection [(3)]

66 {  (5)(a)  }  (4)(a)  as responsible for transporting the defendant shall provide to the court clerk of the court

67in which the defendant is tried, an affidavit stating that the defendant was transported,

The motion passed unanimously with Rep. Cox, Rep. Hall, and Rep. Nelson absent for the vote.

MOTION:     Rep. Christensen moved to pass the bill out favorably as amended. The motion passed unanimously with Rep. Cox, Rep. Hall, and Rep. Nelson absent for the vote.

Rep. Christensen resumed the chair.

MOTION:     Chair Christensen moved to saunter for five minutes. The motion passed unanimously with Rep. Cox, Rep. Hall, and Rep. Nelson absent for the vote.

H.B. 426         Child Support Regarding Rape Offenders (R. Spendlove)

The bill was not considered.

H.B. 399         Victims Rights Amendments (L. Christensen)

The bill was not considered.

MOTION:     Rep. Greene moved to adjourn. The motion passed unanimously with Rep. Cox, Rep. Hall, and Rep. Nelson absent for the vote.

______________________________________________

LaVar Christensen, Chair