1     
CRIMINAL CODE TASK FORCE CHANGES

2     
2019 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Paul Ray

5     
Senate Sponsor: Karen Mayne

6     

7     LONG TITLE
8     General Description:
9          This bill clarifies the purpose and duration of the Criminal Code Evaluation Task
10     Force.
11     Highlighted Provisions:
12          This bill:
13          ▸     clarifies the purpose and scope of the Criminal Code Evaluation Task Force; and
14          ▸     includes a sunset provision to establish the duration of the task force.
15     Money Appropriated in this Bill:
16          None
17     Other Special Clauses:
18          None
19     Utah Code Sections Affected:
20     AMENDS:
21          36-29-105, as enacted by Laws of Utah 2018, Chapter 343
22          63I-2-236, as last amended by Laws of Utah 2018, Chapters 281 and 458
23     

24     Be it enacted by the Legislature of the state of Utah:
25          Section 1. Section 36-29-105 is amended to read:
26          36-29-105. Criminal Code Evaluation Task Force.
27          (1) As used in this section, "task force" means the Criminal Code Evaluation Task

28     Force created in this section.
29          (2) There is created the Criminal Code Evaluation Task Force consisting of the
30     following 15 members:
31          (a) three members of the Senate appointed by the president of the Senate, no more than
32     two of whom may be from the same political party;
33          (b) three members of the House of Representatives appointed by the speaker of the
34     House of Representatives, no more than two of whom may be from the same political party;
35          (c) the executive director of the Commission on Criminal and Juvenile Justice or the
36     executive director's designee;
37          (d) the director Utah Sentencing Commission or the director's designee;
38          (e) one member appointed by the presiding officer of the Utah Judicial Council;
39          (f) one member of the Utah Prosecution Council appointed by the chair of the Utah
40     Prosecution Council;
41          (g) the executive director of the Utah Department of Corrections or the executive
42     director's designee;
43          (h) the commissioner of the Utah Department of Public Safety or the commissioner's
44     designee;
45          (i) the director of the Utah Office for Victims of Crime or the director's designee;
46          (j) an individual who represents an association of criminal defense attorneys, appointed
47     by the president of the Senate; and
48          (k) an individual who represents an association of victim advocates, appointed by the
49     speaker of the House of Representatives.
50          (3) (a) The president of the Senate shall designate a member of the Senate appointed
51     under Subsection (2)(a) as a cochair of the task force.
52          (b) The speaker of the House of Representatives shall designate a member of the House
53     of Representatives appointed under Subsection (2)(b) as a cochair of the task force.
54          (4) (a) A majority of the members of the task force constitutes a quorum.
55          (b) The action of a majority of a quorum constitutes an action of the task force.
56          (5) (a) Salaries and expenses of the members of the task force who are legislators shall
57     be paid in accordance with Section 36-2-2 and Legislative Joint Rules, Title 5, Chapter 3,
58     Legislator Compensation.

59          (b) A member of the task force who is not a legislator:
60          (i) may not receive compensation for the member's work associated with the task force;
61     and
62          (ii) may receive per diem and reimbursement for travel expenses incurred as a member
63     of the task force at the rates established by the Division of Finance under Sections 63A-3-106
64     and 63A-3-107.
65          (6) The Office of Legislative Research and General Counsel shall provide staff support
66     to the task force.
67          (7) The task force shall review the state's criminal code and related statutes and make
68     recommendations regarding:
69          (a) the proper classification of crimes by degrees of felony and misdemeanor[.]; and
70          (b) other modifications related to the criminal code and related statutes.
71          (8) On or before November 30[, 2018,] of each year that the task force is in effect, the
72     task force shall provide a report, including any proposed legislation, to:
73          (a) the Law Enforcement and Criminal Justice Interim Committee; and
74          (b) the Legislative Management Committee.
75          (9) The task force is repealed December 31, 2020.
76          Section 2. Section 63I-2-236 is amended to read:
77          63I-2-236. Repeal dates -- Title 36.
78          [Title 36, Chapter 16b, Nonbinding Statewide Public Opinion Questions, is repealed on
79     January 1, 2019.]
80          Section 36-29-105 is repealed on December 31, 2020.